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 and structures as specified are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses.

a.

Classes. Conditional uses may be either denominated "regular" or "limited."

b.

General provisions. Provisions applicable to conditional uses generally are as follows:

1.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the common council in accordance with division 6, subdivision III of this article excepting those existent at time of adoption of the ordinance from which this article is derived.

2.

Those existing uses which are classified as conditional uses for the districts in which they are located at the time of adoption of the ordinance from which this article is derived require no action by the common council for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.

3.

Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the common council in accordance with division 6, subdivision III of this article.

4.

Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses, or establishment of new conditional uses shall require review, public hearing and approval by the common council in accordance with division 6, subdivision III of this article.

5.

Provisions in this article relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control) shall be deemed to be applicable to both regular and limited conditional uses.

c.

Specific regular conditional use provisions. Provisions applicable specifically to regular conditional uses are as follows:

1.

Regular conditional uses, either allowed by action of the common council, or existent at time of adoption of the ordinance from which this article is derived, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional uses of same or similar type without council approval. Change to conditional use of other than same or similar type shall require procedures and approval in accordance with these land use regulations.

2.

See subsection (3)b.1 above as to conditional uses existent at time of adoption of the ordinance from which this article is derived being deemed to the regular conditional uses.

d.

Specific limited conditional use provisions. Provisions applicable specifically to limited conditional uses are as follows:

1.

Limited conditional uses authorized by common council resolution 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.

2.

Limited 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 council approval and the procedures required in division 6, subdivision III of this article.

(4)

Uses not specified in article.

a.

Uses not specified in this article which are found by the plan commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the zoning administrator.

b.

Uses not specified in this article and which are found sufficiently similar to specified conditional uses permitted for a district, may be permitted by the common council after consideration and recommendation by the plan commission, public hearing and approval in accordance with division 6, subdivision III of this article.

(a)

Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction.

(b)

Placement restrictions. An accessory use or structure in a residential district may be established subject to the following regulations:

(1)

Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.

(2)

Accessory building size limits. No detached accessory building or structure shall exceed the height of the principal building or structure.

(3)

Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building and shall be constructed and finished in a complimentary architectural style and with complimentary materials to the principal residential building.

(4)

Detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than 40 percent of the required rear yard, or be located within five feet of an alley right-of-way or be located within three feet of any other accessory building or lot line. An accessory building shall not be nearer than ten feet to the principal structure unless the applicable building code regulations in regard to one-hour, fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure. Framing and construction of a detached garage shall be of the same type as that of the principal building and shall be constructed and finished in a complimentary architectural style as that of the principal building.

(5)

Accessory building setbacks. Accessory building setbacks shall be as prescribed for each zoning district.

(c)

Use restrictions; residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations, and shall not be occupied as a dwelling unit.

(d)

Placement restrictions; nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall have setbacks as prescribed in each zoning district.

(e)

Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than five feet to the side line of the adjacent structure.

(f)

Landscaping and decorative uses. Accessory structures, vegetation and materials used for landscaping and decorating purposes or uses may be placed in any required yard area. No accessory structures and materials used for landscaping and decorating purposes shall be constructed to a height greater than 15 feet from ground level without a conditional use permit, except for typical flagpoles consisting of a single pole no larger than two inches in diameter. Permitted accessory structures, vegetation and materials include flagpoles, ornamental light standards, lawn furniture, sundials, bird baths, bird houses, trees, shrubs and flowers and gardens.

(g)

Temporary uses. Temporary accessory 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.

(h)

Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided that:

(1)

Such private garage shall be located not less than five feet from the front lot line;

(2)

The floor level of such private garage shall be not more than one foot above the curb level; and

(3)

At least one-half the height of such private garage shall be below the mean grade of the front yard.

(Ord. No. 2001-03, §§ 2, 3, 4-9-2001; Ord. No. 2003-01, § 2, 1-13-2003)

(a)

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days, from the date of its delivery.

(b)

Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.

(c)

All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.

(d)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.

(e)

Not more than 15 percent of the side or rear yard may be used for storage of firewood at any one time.

(a)

Fences defined. For the purpose of this section, a fence is defined as an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery.

(b)

Fences categorized. Fences shall be categorized into two classifications:

(1)

Boundary fence. A fence which is placed in a location such that it effectively defines all or a portion of a boundary of a property. Except as provided in section 42-788(c)(7), such fences, unless the fence is constructed as a chain-link fence, must be placed not closer than three feet from any property line except it shall not be placed within five feet of an alley, if applicable. If the fence is a chain-link fence, it must be constructed not less than one foot from any property line except it shall not be placed within five feet of an alley, if applicable.

(2)

Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3)

Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4)

Except as provided in section 42-788(c)(7), fences in or adjacent to a residential property shall have a minimum three-foot setback.

(c)

Location regulations.

(1)

Except as provided in section 42-710, a fence, wall, hedge or shrubbery may be erected, placed, maintained or grown on property in accordance with the location provisions of this section to a height not exceeding six feet above the ground level, except that no such fence, wall, hedge or shrubbery which is located in a corner side yard shall exceed a height of three feet. Where such lot line is adjacent to nonresidentially zoned property, there shall be an eight foot limit on the height of a fence, wall, hedge or shrubbery along such lot line.

(2)

No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to residentially zoned property, to a height exceeding eight feet.

(3)

In any residence district no fence, wall, hedge or shrubbery shall be erected, constructed, maintained or grown to a height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected.

(4)

Fences in or adjacent to a residential property shall have a minimum three-foot setback.

(5)

Front yard fences. In any residence district, all fences located within a required front yard shall be decorative only and limited to a maximum of 50 percent in opacity. Decorative fences located within any potion of a required front yard shall have a minimum three-foot setback from the front property line and shall also have a minimum three-foot setback from any driveway. No decorative fence located within any portion of a required front yard shall exceed a height of four feet above the ground level, except that decorative fence post caps shall not exceed more than 12 inches above the maximum fence height of four feet. Day-glow paints or colors are not permitted on a decorative fence located within any portion of a required front yard. Chain-link, wire-mesh and privacy fences are not permitted within any portion of a required front yard.

(6)

The finished side of a fence shall face outward from the property on which the fence is located. The side of a fence containing the posts or poles and other bracing appurtenances shall face inward to the property being fenced in or on which the fence is located.

(7)

Property line fences. Fences may be installed on a side yard property line or a rear yard property line where there is no adjacent alley if all affected parties agree to sign a recordable Common Property Fence Line and Cross Access Easement Agreement.

(Code 1986, § 10-1-142(b)(1), (c)(1); Ord. No. 91-11, §§ 1, 2, 7-15-1991; Ord. No. 2000-06, §§ 1, 2, 7-10-2000; Ord. No. 2002-07, § 1, 6-24-2002; Ord. No. 2008-02, § 1, 3-25-2008; Ord. No. 2022-11, §§ 1, 3, 11-14-2022)

(a)

Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends, invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

(b)

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity, are exempt from the provisions of this section.

(c)

Permit required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the building inspector. Plans and specifications and pertinent explanatory data should be submitted to the building inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. A fee as set by the council from time to time shall accompany such application.

(d)

Construction requirements. In addition to such other requirements as may be reasonably imposed by the building inspector, the building inspector shall not issue a permit for construction as provided for in subsection (c), unless the following construction requirements are observed:

(1)

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the city now in effect or hereafter enacted.

(2)

All plumbing work shall be in accordance with all applicable ordinances of the city and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity thereof.

(3)

All electrical installations, including lighting and heating, but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and city ordinances regulating electrical installations.

(e)

Setbacks and other requirements.

(1)

Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2)

No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

(f)

Fence.

(1)

Pools within the scope of this section which are not enclosed within a permanent building shall be completely enclosed by a fence or wall of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.

(2)

The pool enclosure may be omitted where portable pools are installed above the ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top.

The development and execution of this subdivision is based upon the division of the city into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(a)

The common council may by resolution authorize the zoning administrator to issue a conditional use permit for either regular or limited conditional use after review, public hearing and advisory recommendation from the plan commission, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this article and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the city. In the instance of the granting of limited conditional use, the council in its findings shall further specify the delimiting reasons or factors which resulted in issuing limited rather than regular conditional use. Such council resolution, and the resulting conditional use permit, when for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the plan commission shall make findings based upon the evidence presented that the standards in this section prescribed are being complied with.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(c)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, may be required by the common council upon its finding that these are necessary to fulfill the purpose and intent of this article.

(d)

Compliance with all other provisions of this article, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.

(e)

Any need for a zoning variance as part of a proposed conditional use that was, or under the circumstances reasonably should have been, anticipated by the applicant prior to the rendering of a recommendation by the plan commission on the proposed conditional use shall be prohibited as set forth in section 42-819(7), if not brought to the attention of the plan commission prior to the rendering of a recommendation by the plan commission on the proposed conditional use.

(Ord. No. 2015-06, § 1, 12-14-2015)

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this subdivision in the zoning district in which such land is located.

An application for a conditional use shall be filed on a form prescribed by the city. The application shall be accompanied by a plan showing the location, size and shape of the lots involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 42-817. The applicant is responsible for identifying all variances that may be needed related to the proposed use and shall list them in the application. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this article, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; and plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(Ord. No. 2015-06, § 2, 12-14-2015)

Editor's note— Ord. No. 2015-06, § 2, adopted Dec. 14, 2015, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter.

All requests for conditional uses shall be to the plan commission or the plan commission can on its own motion apply conditional uses when applications for rezoning come before it. Nothing in this division shall prohibit the common council on its own motion from referring the request for conditional use to the plan commission. Upon receipt of the application and statement referred to in section 42-814, the plan commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such plan commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the plan commission, shall, by rule, prescribe from time to time.

(a)

Notice of the time, place and purpose of such hearing shall be given by publication as a class 2 Notice under Wis. Stats. ch. 985 in the official city paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the zoning administrator, members of the common council and plan commission, and the owners of record, as listed in the office of the city assessor, who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected; such notice to be sent at least ten days prior to the date of such public hearing.

(b)

The plan commission shall report its advisory recommendations to the common council within 30 days after a matter has been referred to it. If such action has not been reported by the plan commission within 30 days, the common council can act without such recommendation.

No application for a conditional use shall be recommended for approval by the plan commission or granted by the common council unless such commission and council shall find that all of the following conditions are present:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

The proposed use does not violate floodplain regulations governing the site.

(8)

When applying such standards to any new construction of a building or an addition to an existing building, the plan commission and council shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(9)

In addition in passing upon a conditional use permit, the plan commission and council shall also evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions.

b.

The prevention and control of water pollution, including sedimentation.

c.

Existing topographic and drainage features and vegetative cover on the site.

d.

The location of the site with respect to floodplains and floodways of rivers and streams.

e.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

f.

The location of the site with respect to existing or future access roads.

g.

The need of the proposed use for a shoreland location.

h.

Its compatibility with uses on adjacent land.

i.

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

When an advisory recommendation of denial of a conditional use application is made, the plan commission shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate the reasons the plan commission has used in determining that each standard was not met.

The following conditions shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the common council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 42-817 above. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill purpose and intent of this article.

(2)

Site review. In making its recommendation, the plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

(3)

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the common council, after recommendation from the plan commission.

(4)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end the common council may require the use of certain general types of exterior construction materials and/or architectural treatment.

(5)

Sloped sites; unsuitable soils. Where slopes exceed six percent and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, onsite soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(6)

Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this article such as lot width and area, yards, height, parking and loading.

(7)

Variances. For a period of five years after a conditional use permit is granted, the applicant and its successors shall not apply for any variances, including use, area and dimensional variances related to the conditional use approved by the city that were not identified in the application for the conditional use but should reasonably have been anticipated under the circumstances. The approval of any such variance shall render the conditional use permit void.

(Ord. No. 2015-06, § 3, 12-14-2015)

Where the common council has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the council's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the zoning administrator shall notify the holder by certified mail of such revocation. The council may extend such permit for a period of 90 days for justifiable cause, if application is made to the common council at least 30 days before the expiration of such permit.

The common council shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this article. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the plan commission, the council shall initially determine whether such complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 42-817, a condition of approval or other requirement imposed under this subdivision. Upon reaching a positive initial determination, a hearing shall be held upon notice, as provided in section 42-816. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The common council may, in order to bring the subject conditional use into compliance with the standards set forth in section 42-817 or conditions previously imposed by the council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. If no reasonable modification of such conditional use can be made in order to ensure that section 42-817(1) and (2) will be met, the common council may revoke the subject conditional approval and direct the zoning administrator and the city attorney to seek elimination of the subject use. Following any such hearing, the decision of the common council shall be furnished the current owner of the conditional use in writing stating the reasons therefor.

(a)

Conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts R-1, R-3 and R-4.

(b)

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Adm. Code HSS ch. 197.

Cross reference— Businesses, ch. 14.

(a)

The lawful nonconforming use of a structure or land including, but not limited to, fences, parking and zoning setbacks, existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although the use does not conform with the provisions of this article. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article.

(b)

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same use district as that in which the use existing is permitted according to the provisions of this article; provided, however, that when a use district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same use district as that in which the existing use is permitted; provided all other regulations governing the new use are complied with.

(c)

Substitution of new equipment may be permitted by the board of zoning appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(a)

Termination. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this article.

(b)

Building destroyed by fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50 percent of its fair market value, the building may be rebuilt, but where such a building is destroyed to the extent of more than 50 percent of its fair market value, a permit may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.

The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this article. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article.

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of zoning appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of zoning appeals.

(a)

Permit required. No owner shall, within the city, build, construct, use or place any type of satellite dish until a permit shall have first been obtained from the common council.

(b)

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:

Ground-mounted satellite dish means a satellite dish not exceeding ten feet in height, as measured from the ground to the highest point of the dish.

Owner means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.

Roof-mounted satellite dish means a satellite dish not exceeding eight feet in height above the surrounding roofline, as measured from the lowest point of the existing roofline.

Satellite television dish or earth station means an apparatus over 18 inches in diameter capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. They are also commonly referred to as "disks," "satellite communications systems" or "home earth stations." A ground-mounted satellite dish may not exceed ten feet in height, as measured from the ground to the highest point of the dish.

(c)

Application. Application for a satellite earth station permit shall be made in writing to the building inspector. With such application there shall be submitted a fee set by the council from time to time and a complete set of plans and specifications, including a plot plan showing the location of the proposed satellite earth station with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be referred to the common council for approval.

(d)

Installation restrictions. Satellite earth stations installed in any zoning district within the city shall comply with the following provisions:

(1)

Number of units. Not more than one satellite earth station may be allowed per individual recorded lot except additional stations may be permitted upon application for a variance in nonresidential zones.

(2)

Location and setbacks.

a.

Any satellite dish shall only be located in the rear yard of a residential lot and at least 15 feet from any property line. Placement of a satellite dish in a business (B-1, B-2, B-3 or B-4-1) or industrial district (M-2) shall not be allowed unless a special exception is granted by the common council.

b.

If the dish cannot receive a usable satellite signal in the rear yard of any residential lot, but can receive such a signal while located in a side yard, it may be located only in a side yard after receiving approval from the common council. For corner lots, a side yard is only a yard that does not face a street.

c.

If the dish cannot receive a usable satellite signal from either the rear or side yards, it may be located only on the roof of any main or accessory building on the lot. Attachment to the roof shall be subject to engineering calculations being prepared by a registered professional engineer certifying that the proposed satellite dish installation is structurally sound and will not interfere with the use of adjoining property.

d.

No dish shall be placed in the front yard of any residential, business or industrial lot in the city.

e.

The common council shall determine whether a signal constitutes a usable satellite signal, based on evidence provided by the person seeking a permit to erect or construct the dish.

(3)

Mounting. Satellite earth stations located in agricultural or residential districts shall be ground-mounted only. Satellite earth stations may be wall- or roof-mounted in business or industrial districts only. Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be subject to the structure being constructed to carry all imposed loading. The building inspector may require engineering calculations.

(4)

Diameter. The diameter of the satellite television dish shall not exceed eight feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.

(5)

Wind pressure. All satellite earth stations shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.

(6)

Electrical installations. Electrical installations in connection with earth satellite receiving stations, including grounding of the system, shall be in accordance with National Electrical Safety Code, the state electrical code and the instructions of the manufacturer. In cases of conflict the stricter requirements shall govern. All cable used to conduct current or signals from the satellite earth station to the receivers shall be installed underground unless installation site conditions preclude underground. If a satellite earth station is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for permit. All satellite earth stations shall be grounded against direct lightning strikes.

(7)

Temporary placement. No portable or trailer-mounted satellite earth station shall be allowed, except for temporary installation for onsite testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall give written notice to the building inspector of the date when such placement shall begin and end.

(8)

Advertising. No form of advertising or identification, sign or mural are allowed on the dish or framework other than the customary manufacturer's identification plates.

(9)

Interference with broadcasting. Satellite earth stations shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the satellite earth stations shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission Regulations.

(10)

Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

(11)

Color. The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the common council as part of the application.

(e)

Variances. Requests for variances from the standards established by this section may be made to the zoning board of appeals pursuant to section 42-119.

(f)

Enforcement.

(1)

It shall be unlawful to construct, use, build or locate any satellite dish in violation of any provisions of this section. In the event of any violation, the common council or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.

(2)

Any person who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in section 1-13.

(a)

No radio or television antenna tower shall be erected or installed within the front yard or side yard. The rear setback and the side setback in rear yards shall be that for the principal structure within the respective zoning district. The exact location of the antenna tower shall be subject to approval by the common council.

(b)

No radio or television tower shall exceed a height of 20 feet above the roofline of the building on the property upon which the antenna is located or 60 feet above the ground measured at grade level, whichever is the minimum.

(c)

Radio or television antenna towers shall be erected and installed in accordance with the state electrical code, National Electrical Safety Code and the instructions of the manufacturer. In cases of conflict the stricter requirements shall govern.

(a)

Approval required. No owner shall, within the city, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for such system.

(b)

Separate permit required for each system. A separate conditional use permit shall be required for each system or windmills or for any additions to the original system. Such permit shall be applicable solely to the systems, structures, use and property described in the permit.

(c)

Basis of approval. The common council shall base their determination on general consideration as to the effect of such grant on the health, general welfare, safety and economic prosperity of the city and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect and such other factors as would be appropriate to carrying out the intent of this article.

(d)

Fees. The common council shall by resolution establish fees for the processing and issuance of conditional use permits under this subdivision.

(e)

Definition. The term "wind energy systems" shall mean windmills, which are used to produce electrical power.

(a)

Application. The conditional use permit application for a wind energy system shall be made to the administrator on forms provided by the city. The application shall include the following information:

(1)

The name and address of the applicant.

(2)

The address of the property on which the system will be located.

(3)

Applications for the erection of a wind energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat of survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system, and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(4)

An accurate and complete written description of the use for which a special grant is being requested including pertinent statistics and operational characteristics.

(5)

Plans and other drawings showing proposed development of the site and buildings including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.

(6)

Any other information which the common council or administrator may deem necessary to the proper review of the application.

(b)

Review. The administrator shall review the conditional use application and, if the application is complete and contains all required information, shall refer it to the common council.

(c)

Hearing. Upon referral of the conditional use application the common council shall schedule a public hearing as soon as practical, and the common council shall notice such hearing as deemed appropriate.

(d)

Determination. Following a public hearing and any necessary study and investigation, the common council shall as soon as practical render its decision in writing and a copy shall be made a permanent part of the council's minutes. Such decision shall include an accurate description of the special use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or if disapproved, shall indicate the reasons for disapproval. The common council may impose any conditions or exemptions necessary to minimize any burden on any persons affected by granting the special use permit.

(e)

Termination. When a conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the common council following a public hearing thereon.

(f)

Changes. Subsequent change or additions to the approved plans or conditional use shall first be submitted for approval to the common council, and, if in the opinion of the council, such change or addition constitutes a substantial alteration, a public hearing before the council shall be required and notice thereof be given.

(g)

Approval does not waive permit requirements. The approval of a conditional use permit under this subdivision shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

(a)

Additional standards. Wind energy conversion systems, commonly referred to as "windmills," which are used to produce electrical power, shall also satisfy the requirements of this section, in addition to those found elsewhere in this subdivision.

(b)

Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

(c)

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.

(d)

Electro-magnetic interference. Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. If harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(e)

Location and height. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this article; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.

(f)

Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

(g)

Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing such interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.