SUPPLEMENTAL DISTRICT REGULATIONS
(a)
Street frontage. All lots shall abut upon a public street or other officially approved means of access and each lot shall have a minimum frontage of 25 feet.
(b)
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The common council may permit as a conditional use 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, subject to the recommendation of the plan commission, may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
(c)
Dedicated street. 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)
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
(e)
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 and 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 desired. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the common council.
(f)
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 one and one-half 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 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.
(g)
Decks. For purposes of this article, decks shall be considered a part of a building or structure.
The regulations contained in this division relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet or five stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, spires, wireless, television or broadcasting towers, masts or aerials; microwave radio relay structures; telephone, telegraph and power poles and lines and necessary mechanical appurtenances are exempted from the height regulations of this article and may be erected in accordance with other regulations or codes of the city. This exception shall not apply to accessory structures, vegetation and materials as regulated under subsection 42-786(f) of this Code.
(3)
Residences in the residence district may be increased in height by not more than ten feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.
(4)
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(5)
Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.
(6)
Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of the ordinance from which this article is derived, such lot may be occupied by one family.
(7)
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.
(8)
Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than three and one-half feet, provided it is located as not to obstruct light and ventilation.
(Ord. No. 2003-01, § 1, 1-13-2003)
Airports and their surrounding areas are subject to the applicable federal, state, county and local regulations, as well as the following requirements: Heights of buildings and structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the above authorities shall be in accordance with requirements set forth in the approach plan and/or adopted airport zoning regulations.
(a)
To prevent encroachment upon, or constriction of, river or creek channels, and thereby avoid obstruction to the natural conveyance of water flow in such rivers, creeks and other natural watercourses, there shall not be placed, erected or located within the banks of such watercourses any building or structure, pier or marina, or retaining or revetment wall, except authorized bridges or dams. In addition, there shall not be placed any filling of earth, ashes, rubbish, rubble, concrete, masonry or any other kind of fill.
(b)
However, subsection (a) of this section may be waived if the structure or fill is approved by the city zoning administrator and common council, the U.S. Corps of Engineers and state department of natural resources, where applicable.
(a)
On a corner lot in all zoning districts, no fence, wall, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along the street lines 25 feet from the point of intersection.
(b)
In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.
Cross reference— Traffic and vehicles, ch. 78; trees and shrubbery obstructing view at intersection or view of traffic signs, § 86-118.
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(a)
Loading space requirements. On every lot on which a business, trade or industrial use is established after the effective date of the ordinance from which this article is derived, space with access to a public street or alley shall be provided as indicated in this section for the loading and unloading of vehicles off the public right-of-way:
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(b)
Multiple or mixed uses. Where a building is devoted to more than one use or for different uses, and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.
(c)
Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets, or require any vehicle to back into a public street.
(d)
Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 40 feet, and a vertical clearance of at least 15 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to ten feet in width, 25 feet in length, and eight feet in vertical clearance. All loading berths shall be completely screened from residential properties by building walls, or a uniformly painted solid fence, wall or door, or any combination thereof, not less than eight feet in height.
(e)
Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.
(f)
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.
(g)
Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(h)
Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:
(1)
Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
(2)
Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)
(3)
No zoning lot served shall be more than 300 feet removed from the central loading area.
(4)
The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.
Cross reference— Traffic and vehicles, ch. 78.
All new parking lots and all alterations of existing lots shall be subject to the approval of the plan commission and the public works director. Requests for such parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, except those areas which are located within the fire zone as designated on the official map, there shall be provided at the time any use or building is erected, enlarged, extended or increased, off-street parking stalls for all vehicles in accordance with the following:
(1)
Access. Adequate access to a public street shall be provided for each parking space.
(2)
Design standards. Each required off-street parking space shall have a stall width of at least nine feet and a stall length of at least 18 feet. Such space shall have a vertical clearance of at least 6½ feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: Aisles shall be not less than 24 feet wide for 90-degree parking, 18 feet wide for 60-degree parking, 15 feet wide for 45-degree parking (angle shall be measured between centerline of parking space and centerline of aisle), and 12 feet wide for parallel parking. For parallel parking the minimum length of the parking space shall be increased to 23 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.
(3)
Location.
a.
Location to be on the same lot as the principal use or not over 400 feet from the principal use.
b.
Off-street parking is permitted in all yards of all districts except in the front yards of single-family and multifamily residence districts, but shall not be closer than five feet to a side lot line, right-of-way line or rear lot line.
c.
Off-street parking in the single-family residence and multifamily residence districts is permitted in the front yard in the driveway, even though closer than five feet to a side lot line providing the driveway conforms to the requirements in section 42-713.
d.
Off-street parking of vehicles accessory to a residential use shall be limited to those actually used by the residents and for temporary parking for guests. Commercial vehicles or equipment other than automobiles, vans, and pickup trucks used in a business or trade and used for transportation to and from a place of employment of a resident may not be parked on a residential property, except when delivering goods or services to such property.
e.
Off-street parking in the single-family residence districts is limited to not more than five vehicles per dwelling unit.
f.
This article shall not apply to the off-street parking of vehicles and equipment in the R-5 agriculture and estate district.
(4)
Surfacing. All open off-street parking areas shall be surfaced with a dustless, all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.
(5)
Landscaping.
a.
Generally. All public and private off-street parking areas which serve five vehicles or more and are created or redesigned and rebuilt subsequent to the adoption of the ordinance from which this article is derived shall be provided with accessory landscape areas totaling not less than ten percent of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet.
b.
Location. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance by the property owner shall be subject to approval by the zoning administrator.
c.
Plans. All plans for such proposed parking areas, at the discretion of the zoning administrator, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.
d.
Special residential requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density, or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from the lot line. The fence shall be located a minimum of one foot from the lot line.
e.
Street setback area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.
f.
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residence districts.
g.
Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.
(6)
Curbs. Curbs or barriers shall be installed a minimum of four feet from a property line so as to prevent the parked vehicles from extending over any lot lines.
(7)
Number of stalls. Number of parking stalls required are shown in the following table, except that:
a.
Uses, as itemized in B-1 and B-2 zoning districts, shall provide one parking space for each 200 square feet of gross floor area in excess of 2,000 square feet, except as indicated in subsection (7)b of this section.
b.
Parking spaces shall not be required for uses in the B-4 district containing less than 40,000 square feet of gross floor area. Those uses containing 40,000 square feet of gross floor area or more shall provide one parking space for each 1,000 square feet of gross floor area up to 45,000 square feet. For each additional 5,000 square feet of gross floor area in excess of 45,000 square feet, one additional parking space shall be provided.
(8)
Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Floor space or area shall mean the gross floor area inside the exterior walls, where floor space is indicated above as a basis for determining the amount of off-street parking required.
(9)
Combined uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually provided such uses are not operated during the same hours. A written agreement satisfactory to the city attorney shall accompany any joint use arrangement.
(10)
Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in these ordinances, the provisions contained in Wis. Stats. §§ 101.13, 346.503, and 346.56, and any Wisconsin Administrative Code sections adopted pursuant thereto, are adopted by reference and made applicable to all parking facilities whenever constructed.
(11)
Changes in buildings or use. Whenever a building or use is changed, structurally altered, or enlarged to create a need for an increase of 25 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50 percent or more in the floor area, such building or use shall then comply with the parking requirements set forth in the district in which it is located.
(12)
Off-lot parking.
a.
Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met such parking spaces may be located off-lot provided the parking spaces are located in the same district. Off-lot parking spaces shall also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the city attorney.
b.
Off-lot parking spaces for residential uses shall be within 250 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 300 feet of the entrance of the establishment.
c.
Accessory parking may be located in residential districts provided that said lots or property are immediately adjacent to a commercial, business or industrial zoning district.
d.
All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.
(Ord. No. 2002-07, § 2, 6-24-2002; Ord. No. 2022-03, § 1, 3-14-2022)
Cross reference— Traffic and vehicles, ch. 78.
All driveways installed, altered, changed, replaced or extended after the effective date of the ordinance from which this article is derived shall meet the following requirements and must be approved as to location by the zoning administrator:
(1)
Islands between driveway openings shall be provided with a minimum of six feet between all driveways.
(2)
The maximum number of driveway openings for vehicular ingress and egress permitted for lots with a width less than 100 feet shall be one and for lots with a width greater than 100 feet shall be two.
(3)
Vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park playground, library, public emergency shelter or other place of public assembly.
(4)
Openings for vehicular ingress and egress shall not exceed 30 feet at the property line and 35 feet at the roadway for all uses except the maximum curb opening for all residential districts shall be 25 feet at the roadway.
(5)
Driveways shall be at least ten feet wide for one-family and two-family dwellings, at least 18 feet for farmsteads, and a maximum of 35 feet at the roadway for all other uses except the maximum curb opening for all residential districts shall be 25 feet.
(6)
Driveways shall be hard surfaced with either blacktop or cement.
(Ord. No. 2002-07, § 3, 6-24-2002)
(a)
No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps). No driveway openings shall be permitted within 100 feet of the intersection of a street right-of-way line.
(b)
Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the streets or highways specified in subsection (a) of this section.
(c)
Temporary access to the rights-of-way may be granted by the zoning administrator after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.
Cross reference— Traffic and vehicles, ch. 78.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Boat means every description of watercraft used or capable of being used as a means of transportation on water.
Manufactured home means a structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Length of a manufactured home means the distance from the exterior of the front wall (nearest to the exterior of the drawbar and coupling mechanism) to the exterior of the rear wall (at the opposite end of the manufactured home) where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments. Width of a manufactured home means the distance from the exterior of one side wall to the exterior of the opposite side wall where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, wall and roof extensions, or other attachments.
Recreational vehicle means any of the following:
(1)
Travel trailer means a vehicular, portable structure built on a chassis and on wheels; that is between ten and 36 feet long, including the hitch and eight feet or less in width; designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called fifth-wheel units.
(2)
Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.
(3)
Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation or other uses, constructed as an integral part of a self-propelled vehicle.
(4)
Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.
(5)
Chassis mounts, motor homes and mini-motor homes means recreational structures constructed integrally with a truck or motor van chassis and incapable of being separated therefrom.
(6)
Converted and chopped vans means recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.
(7)
Boat or snowmobile trailer means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this section is termed an unmounted boat or snowmobile.
(8)
All-terrain-vehicle (ATV) and Utility-terrain vehicle (UTV) means commercially designed and manufactured vehicles as defined in section 78-456 of this Code.
Yard, front means that part of a lot between the front lot line and front of the principal building on the lot, and extended to both side lot lines.
Yard, rear means that part of a lot between the rear lot line and the back of the principal building on the lot, and extended to both side lot lines.
Yard, side means that part of a lot not surrounded by building and not in the front or rear yard.
(b)
Permitted parking or storage. In all residential and commercial districts provided for in this article, it is permissible to park or store a recreational vehicle or boat and boat trailer on private property in the following manner:
(1)
Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zoning district where located.
(2)
Parking is permitted outside in the side yard or rear yard provided it is not nearer than five feet to the lot line.
(3)
Parking is permitted outside on a hard surfaced or well-drained gravel driveway, provided that:
a.
Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard.
b.
A corner lot is always deemed to have reasonable access to the rear yard.
c.
A fence is not necessarily deemed to prevent reasonable access.
d.
Inside parking is not possible.
e.
The unit is parked perpendicular to the front curb.
(4)
The body of the recreational vehicle or boat must be at least 15 feet from the face of any curb.
(5)
No part of the unit may extend over the public sidewalk or public right-of-way.
(6)
Parking is permitted only for storage purposes. Recreational vehicles or boats shall not be:
a.
Used for dwelling purposes, except for overnight sleeping for a maximum of 14 days in any one calendar year. Cooking is not permitted at any time.
b.
Permanently connected to sewer lines, water lines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.
c.
Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.
(7)
Notwithstanding the provisions of subsection (b)(6) of this section, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.
(8)
The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.
(9)
All boats and recreational vehicles must be operable, have current registration, and be in good repair to be parked outdoors.
(10)
A maximum of two boats, recreational vehicles, or combination thereof, may be parked or stored outside in a single-family residence district, with the exception that no more than two snowmobiles may also be parked or stored outside, between December 15 to March 15, provided that the snowmobiles are located behind the rear building line of the principal structure, between the side building lines extended and not less than 15 feet from the rear lot line. For purposes of this section, a boat mounted on a trailer will be considered as one recreational vehicle.
(11)
Recreational vehicles longer than 36 feet long shall not be stored anywhere outdoors in any residential zoning district unless the piece of recreational equipment is being loaded, unloaded, cleaned, or otherwise prepared for use or extended storage. The time period that recreational equipment longer than 36 feet may be kept outdoors shall not exceed seven days during any 30-day period. For purposes of this subsection, the length of a piece of recreational equipment shall include any portion of a trailer that the equipment is loaded onto.
(12)
This article shall not apply to the off-street parking of boats and recreational vehicles in the R-5 agriculture and estate district.
(c)
Parking on the street. No person shall park, stop or leave standing any recreational vehicle, utility trailer, boat, boat trailer or other equipment upon any street except:
(1)
For loading and unloading purposes for 24 hours prior to use and 24 hours after use. For purposes of this chapter, "use" includes any operation of the recreational vehicle over of a period of not less than one day for recreational traveling purposes to a particular destination and does not include the mere moving of the recreational vehicle from one area within a lot or parcel to another location on such lot or parcel.
(2)
To allow out-of-town visitors to park their recreational vehicle in front of the residence which they are visiting, when there is no alternative parking available, for a period of no more than seven consecutive days.
(3)
In the event a recreational vehicle is parked on a public street, the following limitations shall apply:
a.
At no time shall any "slide out" component of the recreational vehicle be utilized or extended.
b.
At no time shall any water hose, septic hose, television attachment or other attachment be extended from the recreation vehicle over or upon any street, public sidewalk or right-of-way.
c.
At no time shall a public safety hazard be permitted to exist on or across any street, public sidewalk or right-of-way.
(Ord. No. 2012-03, § 1, 12-10-2012; Ord. No. 2022-03, §§ 2, 3, 3-14-2022)
Cross reference— Traffic and vehicles, ch. 78.
SUPPLEMENTAL DISTRICT REGULATIONS
(a)
Street frontage. All lots shall abut upon a public street or other officially approved means of access and each lot shall have a minimum frontage of 25 feet.
(b)
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The common council may permit as a conditional use 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, subject to the recommendation of the plan commission, may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
(c)
Dedicated street. 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)
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
(e)
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 and 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 desired. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the common council.
(f)
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 one and one-half 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 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.
(g)
Decks. For purposes of this article, decks shall be considered a part of a building or structure.
The regulations contained in this division relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
(1)
Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet or five stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(2)
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, spires, wireless, television or broadcasting towers, masts or aerials; microwave radio relay structures; telephone, telegraph and power poles and lines and necessary mechanical appurtenances are exempted from the height regulations of this article and may be erected in accordance with other regulations or codes of the city. This exception shall not apply to accessory structures, vegetation and materials as regulated under subsection 42-786(f) of this Code.
(3)
Residences in the residence district may be increased in height by not more than ten feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.
(4)
Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(5)
Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.
(6)
Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of the ordinance from which this article is derived, such lot may be occupied by one family.
(7)
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.
(8)
Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than three and one-half feet, provided it is located as not to obstruct light and ventilation.
(Ord. No. 2003-01, § 1, 1-13-2003)
Airports and their surrounding areas are subject to the applicable federal, state, county and local regulations, as well as the following requirements: Heights of buildings and structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the above authorities shall be in accordance with requirements set forth in the approach plan and/or adopted airport zoning regulations.
(a)
To prevent encroachment upon, or constriction of, river or creek channels, and thereby avoid obstruction to the natural conveyance of water flow in such rivers, creeks and other natural watercourses, there shall not be placed, erected or located within the banks of such watercourses any building or structure, pier or marina, or retaining or revetment wall, except authorized bridges or dams. In addition, there shall not be placed any filling of earth, ashes, rubbish, rubble, concrete, masonry or any other kind of fill.
(b)
However, subsection (a) of this section may be waived if the structure or fill is approved by the city zoning administrator and common council, the U.S. Corps of Engineers and state department of natural resources, where applicable.
(a)
On a corner lot in all zoning districts, no fence, wall, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along the street lines 25 feet from the point of intersection.
(b)
In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.
Cross reference— Traffic and vehicles, ch. 78; trees and shrubbery obstructing view at intersection or view of traffic signs, § 86-118.
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(a)
Loading space requirements. On every lot on which a business, trade or industrial use is established after the effective date of the ordinance from which this article is derived, space with access to a public street or alley shall be provided as indicated in this section for the loading and unloading of vehicles off the public right-of-way:
_____
(b)
Multiple or mixed uses. Where a building is devoted to more than one use or for different uses, and where the floor area for each use is below the minimum required for a loading space but the aggregate floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.
(c)
Location. Required off-street loading spaces shall be located on the same lot with the principal use requiring such space. No loading space shall be located within 30 feet of the nearest point of intersection of two streets, or require any vehicle to back into a public street.
(d)
Design standards. Each off-street loading space shall have a width of at least 12 feet, a length of at least 40 feet, and a vertical clearance of at least 15 feet. Dimensions for loading spaces in connection with funeral homes shall be reduced to ten feet in width, 25 feet in length, and eight feet in vertical clearance. All loading berths shall be completely screened from residential properties by building walls, or a uniformly painted solid fence, wall or door, or any combination thereof, not less than eight feet in height.
(e)
Surfacing. All open off-street loading berths shall be improved with a compacted macadam base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather dustless material.
(f)
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district.
(g)
Utilization. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(h)
Central loading. Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:
(1)
Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.
(2)
Total berths provided shall meet the requirements based on the sum of the several types of uses served. (Areas of types of uses may be totaled before computing number of loading berths.)
(3)
No zoning lot served shall be more than 300 feet removed from the central loading area.
(4)
The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven feet in width and have a clearance of not less than seven feet.
Cross reference— Traffic and vehicles, ch. 78.
All new parking lots and all alterations of existing lots shall be subject to the approval of the plan commission and the public works director. Requests for such parking lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provisions and driveway locations. In all districts, except those areas which are located within the fire zone as designated on the official map, there shall be provided at the time any use or building is erected, enlarged, extended or increased, off-street parking stalls for all vehicles in accordance with the following:
(1)
Access. Adequate access to a public street shall be provided for each parking space.
(2)
Design standards. Each required off-street parking space shall have a stall width of at least nine feet and a stall length of at least 18 feet. Such space shall have a vertical clearance of at least 6½ feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: Aisles shall be not less than 24 feet wide for 90-degree parking, 18 feet wide for 60-degree parking, 15 feet wide for 45-degree parking (angle shall be measured between centerline of parking space and centerline of aisle), and 12 feet wide for parallel parking. For parallel parking the minimum length of the parking space shall be increased to 23 feet. No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses. Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.
(3)
Location.
a.
Location to be on the same lot as the principal use or not over 400 feet from the principal use.
b.
Off-street parking is permitted in all yards of all districts except in the front yards of single-family and multifamily residence districts, but shall not be closer than five feet to a side lot line, right-of-way line or rear lot line.
c.
Off-street parking in the single-family residence and multifamily residence districts is permitted in the front yard in the driveway, even though closer than five feet to a side lot line providing the driveway conforms to the requirements in section 42-713.
d.
Off-street parking of vehicles accessory to a residential use shall be limited to those actually used by the residents and for temporary parking for guests. Commercial vehicles or equipment other than automobiles, vans, and pickup trucks used in a business or trade and used for transportation to and from a place of employment of a resident may not be parked on a residential property, except when delivering goods or services to such property.
e.
Off-street parking in the single-family residence districts is limited to not more than five vehicles per dwelling unit.
f.
This article shall not apply to the off-street parking of vehicles and equipment in the R-5 agriculture and estate district.
(4)
Surfacing. All open off-street parking areas shall be surfaced with a dustless, all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.
(5)
Landscaping.
a.
Generally. All public and private off-street parking areas which serve five vehicles or more and are created or redesigned and rebuilt subsequent to the adoption of the ordinance from which this article is derived shall be provided with accessory landscape areas totaling not less than ten percent of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet.
b.
Location. Location of landscape areas, plant materials, protection afforded the plantings, including curbing and provision for maintenance by the property owner shall be subject to approval by the zoning administrator.
c.
Plans. All plans for such proposed parking areas, at the discretion of the zoning administrator, shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.
d.
Special residential requirements. Those parking areas for five or more vehicles if adjoining a residential use shall be screened from such use by a solid wall, fence, evergreen planting of equivalent visual density, or other effective means, built and maintained at a minimum height of five feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five feet from the lot line. The fence shall be located a minimum of one foot from the lot line.
e.
Street setback area. No parking shall be permitted between the street right-of-way line and the building setback line prevailing in the zone in which the proposed parking area is to be located. The resulting open area shall be planted in grass or otherwise landscaped to create a permanent green area.
f.
Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities provided in residence districts.
g.
Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three footcandles measured at the lot line.
(6)
Curbs. Curbs or barriers shall be installed a minimum of four feet from a property line so as to prevent the parked vehicles from extending over any lot lines.
(7)
Number of stalls. Number of parking stalls required are shown in the following table, except that:
a.
Uses, as itemized in B-1 and B-2 zoning districts, shall provide one parking space for each 200 square feet of gross floor area in excess of 2,000 square feet, except as indicated in subsection (7)b of this section.
b.
Parking spaces shall not be required for uses in the B-4 district containing less than 40,000 square feet of gross floor area. Those uses containing 40,000 square feet of gross floor area or more shall provide one parking space for each 1,000 square feet of gross floor area up to 45,000 square feet. For each additional 5,000 square feet of gross floor area in excess of 45,000 square feet, one additional parking space shall be provided.
(8)
Uses not listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply. Floor space or area shall mean the gross floor area inside the exterior walls, where floor space is indicated above as a basis for determining the amount of off-street parking required.
(9)
Combined uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two or more uses may provide required off-street parking spaces in a common parking facility less than the sum of the spaces required for each use individually provided such uses are not operated during the same hours. A written agreement satisfactory to the city attorney shall accompany any joint use arrangement.
(10)
Handicapped parking requirements. In addition to any other requirements relating to parking spaces contained in these ordinances, the provisions contained in Wis. Stats. §§ 101.13, 346.503, and 346.56, and any Wisconsin Administrative Code sections adopted pursuant thereto, are adopted by reference and made applicable to all parking facilities whenever constructed.
(11)
Changes in buildings or use. Whenever a building or use is changed, structurally altered, or enlarged to create a need for an increase of 25 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use is enlarged to the extent of 50 percent or more in the floor area, such building or use shall then comply with the parking requirements set forth in the district in which it is located.
(12)
Off-lot parking.
a.
Required off-street parking spaces shall be located on the same lot with the principal use, or when this requirement cannot be met such parking spaces may be located off-lot provided the parking spaces are located in the same district. Off-lot parking spaces shall also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the city attorney.
b.
Off-lot parking spaces for residential uses shall be within 250 feet of the principal entrance or the entrance for the individual occupants for whom the spaces are reserved while the farthest portions of a parking lot for all other uses shall be within 300 feet of the entrance of the establishment.
c.
Accessory parking may be located in residential districts provided that said lots or property are immediately adjacent to a commercial, business or industrial zoning district.
d.
All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.
(Ord. No. 2002-07, § 2, 6-24-2002; Ord. No. 2022-03, § 1, 3-14-2022)
Cross reference— Traffic and vehicles, ch. 78.
All driveways installed, altered, changed, replaced or extended after the effective date of the ordinance from which this article is derived shall meet the following requirements and must be approved as to location by the zoning administrator:
(1)
Islands between driveway openings shall be provided with a minimum of six feet between all driveways.
(2)
The maximum number of driveway openings for vehicular ingress and egress permitted for lots with a width less than 100 feet shall be one and for lots with a width greater than 100 feet shall be two.
(3)
Vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park playground, library, public emergency shelter or other place of public assembly.
(4)
Openings for vehicular ingress and egress shall not exceed 30 feet at the property line and 35 feet at the roadway for all uses except the maximum curb opening for all residential districts shall be 25 feet at the roadway.
(5)
Driveways shall be at least ten feet wide for one-family and two-family dwellings, at least 18 feet for farmsteads, and a maximum of 35 feet at the roadway for all other uses except the maximum curb opening for all residential districts shall be 25 feet.
(6)
Driveways shall be hard surfaced with either blacktop or cement.
(Ord. No. 2002-07, § 3, 6-24-2002)
(a)
No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, nor to any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps). No driveway openings shall be permitted within 100 feet of the intersection of a street right-of-way line.
(b)
Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the streets or highways specified in subsection (a) of this section.
(c)
Temporary access to the rights-of-way may be granted by the zoning administrator after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.
Cross reference— Traffic and vehicles, ch. 78.
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Boat means every description of watercraft used or capable of being used as a means of transportation on water.
Manufactured home means a structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Length of a manufactured home means the distance from the exterior of the front wall (nearest to the exterior of the drawbar and coupling mechanism) to the exterior of the rear wall (at the opposite end of the manufactured home) where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments. Width of a manufactured home means the distance from the exterior of one side wall to the exterior of the opposite side wall where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, wall and roof extensions, or other attachments.
Recreational vehicle means any of the following:
(1)
Travel trailer means a vehicular, portable structure built on a chassis and on wheels; that is between ten and 36 feet long, including the hitch and eight feet or less in width; designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called fifth-wheel units.
(2)
Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.
(3)
Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation or other uses, constructed as an integral part of a self-propelled vehicle.
(4)
Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.
(5)
Chassis mounts, motor homes and mini-motor homes means recreational structures constructed integrally with a truck or motor van chassis and incapable of being separated therefrom.
(6)
Converted and chopped vans means recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.
(7)
Boat or snowmobile trailer means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this section is termed an unmounted boat or snowmobile.
(8)
All-terrain-vehicle (ATV) and Utility-terrain vehicle (UTV) means commercially designed and manufactured vehicles as defined in section 78-456 of this Code.
Yard, front means that part of a lot between the front lot line and front of the principal building on the lot, and extended to both side lot lines.
Yard, rear means that part of a lot between the rear lot line and the back of the principal building on the lot, and extended to both side lot lines.
Yard, side means that part of a lot not surrounded by building and not in the front or rear yard.
(b)
Permitted parking or storage. In all residential and commercial districts provided for in this article, it is permissible to park or store a recreational vehicle or boat and boat trailer on private property in the following manner:
(1)
Parking is permitted inside any enclosed structure, which structure otherwise conforms to the zoning requirements of the particular zoning district where located.
(2)
Parking is permitted outside in the side yard or rear yard provided it is not nearer than five feet to the lot line.
(3)
Parking is permitted outside on a hard surfaced or well-drained gravel driveway, provided that:
a.
Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard.
b.
A corner lot is always deemed to have reasonable access to the rear yard.
c.
A fence is not necessarily deemed to prevent reasonable access.
d.
Inside parking is not possible.
e.
The unit is parked perpendicular to the front curb.
(4)
The body of the recreational vehicle or boat must be at least 15 feet from the face of any curb.
(5)
No part of the unit may extend over the public sidewalk or public right-of-way.
(6)
Parking is permitted only for storage purposes. Recreational vehicles or boats shall not be:
a.
Used for dwelling purposes, except for overnight sleeping for a maximum of 14 days in any one calendar year. Cooking is not permitted at any time.
b.
Permanently connected to sewer lines, water lines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.
c.
Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.
(7)
Notwithstanding the provisions of subsection (b)(6) of this section, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.
(8)
The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.
(9)
All boats and recreational vehicles must be operable, have current registration, and be in good repair to be parked outdoors.
(10)
A maximum of two boats, recreational vehicles, or combination thereof, may be parked or stored outside in a single-family residence district, with the exception that no more than two snowmobiles may also be parked or stored outside, between December 15 to March 15, provided that the snowmobiles are located behind the rear building line of the principal structure, between the side building lines extended and not less than 15 feet from the rear lot line. For purposes of this section, a boat mounted on a trailer will be considered as one recreational vehicle.
(11)
Recreational vehicles longer than 36 feet long shall not be stored anywhere outdoors in any residential zoning district unless the piece of recreational equipment is being loaded, unloaded, cleaned, or otherwise prepared for use or extended storage. The time period that recreational equipment longer than 36 feet may be kept outdoors shall not exceed seven days during any 30-day period. For purposes of this subsection, the length of a piece of recreational equipment shall include any portion of a trailer that the equipment is loaded onto.
(12)
This article shall not apply to the off-street parking of boats and recreational vehicles in the R-5 agriculture and estate district.
(c)
Parking on the street. No person shall park, stop or leave standing any recreational vehicle, utility trailer, boat, boat trailer or other equipment upon any street except:
(1)
For loading and unloading purposes for 24 hours prior to use and 24 hours after use. For purposes of this chapter, "use" includes any operation of the recreational vehicle over of a period of not less than one day for recreational traveling purposes to a particular destination and does not include the mere moving of the recreational vehicle from one area within a lot or parcel to another location on such lot or parcel.
(2)
To allow out-of-town visitors to park their recreational vehicle in front of the residence which they are visiting, when there is no alternative parking available, for a period of no more than seven consecutive days.
(3)
In the event a recreational vehicle is parked on a public street, the following limitations shall apply:
a.
At no time shall any "slide out" component of the recreational vehicle be utilized or extended.
b.
At no time shall any water hose, septic hose, television attachment or other attachment be extended from the recreation vehicle over or upon any street, public sidewalk or right-of-way.
c.
At no time shall a public safety hazard be permitted to exist on or across any street, public sidewalk or right-of-way.
(Ord. No. 2012-03, § 1, 12-10-2012; Ord. No. 2022-03, §§ 2, 3, 3-14-2022)
Cross reference— Traffic and vehicles, ch. 78.