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

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

The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the City of Oconto, Wisconsin.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

Preserve and protect the beauty of the City of Oconto;

(j)

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

(k)

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

(l)

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

(m)

Further the maintenance of safe and healthful water conditions;

(n)

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

(o)

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

(p)

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

(q)

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

(r)

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

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

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

(a)

If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.

(b)

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

(c)

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

All other ordinances or parts of ordinances of the City inconsistent or conflicting with this Chapter, to the extent of the inconsistency or conflict only, are hereby repealed.

(a)

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

(b)

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

(c)

District Regulations to be Complied With. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.

(d)

Yard Reduction or Joint Use.

(1)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(2)

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

(e)

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

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

(a)

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

(b)

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

(c)

Conditional Uses.

(1)

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article E of this Chapter excepting those existent at time of adoption of the Zoning Code.

(2)

Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Plan Commission in accordance with Article E of this Chapter.

(3)

Conditional uses authorized by the Plan Commission 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.

(4)

Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article E of this Chapter.

(d)

Classification of Unlisted Uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in Section 13-1-40 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Plan Commission, in accordance with the following procedure:

(1)

Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination.

(2)

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

(3)

Determination. The determination of the Board of Appeals shall be rendered in writing within sixty (60) days from the application and shall include findings supporting the conclusion. The Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one (1) or more of the districts established in Section 13-1-20.

(4)

Effective Date of Determination. At the time of this determination of the classification of the unlisted use by the Board of Appeals, the classification of the unlisted use shall become effective.

(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 ninety (90) feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.

(b)

Principal Structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one (1) principal building or use and its accessory buildings or uses may be located on a lot. The Plan Commission may permit as a conditional use or planned unit development more than one (1) principal structure per lot in any district where more than one (1) such structure is needed for the orderly development of the parcel. Where additional structures are permitted, 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. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(d)

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 sixty (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 Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the Section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires.

(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 (1½) horizontal to one (1) vertical, within a distance of twenty (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 Chapter, decks and porches shall be considered a part of a building or structure.

(h)

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

(i)

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

(j)

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

(k)

Temporary Uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Common Council.

(a)

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

(1)

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

(2)

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

(3)

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

(4)

Communication Structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three (3) times their distance from the nearest lot line.

(5)

Public or Semipublic Facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, are increased not less than one and one-half (1½) feet for each foot the structure exceeds the district's maximum height requirement.

(b)

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

(1)

Architectural Projections, such as chimneys, flues, sills, eaves, belt courses, ornaments, landings and fire escapes may project into any required yard; but such projection shall not exceed two (2) feet.

(2)

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

(3)

Landscaping and Vegetation are exempt from the yard requirements of this Chapter.

(c)

Average Building Setbacks. In Residential Districts, except for corner lots, required setbacks shall be modified in the following cases:

Where fifty (50) percent or more of the frontage on a block is occupied by residences having setbacks less than that required by this Chapter, setback on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one (1) side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this Chapter.

(d)

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

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this Chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

Screening or fencing as required by this Chapter shall be subject to the following provisions:

(a)

Approval Required. Any use or conditional use listed in this Chapter requiring screening or fencing shall be permitted only when authorized by the City and subject to its approval of a screening or fencing plan for that particular use.

(b)

Objective. Planting or other suitable screening including fences or freestanding walls shall be required where deemed necessary for screening for enclosure purposes by the City, such as around outdoor storage yards and industrial property lines, refuse disposal sites, quarries and mines, mobile home parks, and trailer camps. Such provisions shall be required to the extent needed to provide for:

(1)

Screening of objectionable views.

(2)

Adequate shade.

(3)

Enclosure of storage materials.

(4)

Public health and safety.

(5)

A suitable setting for the particular use and other facilities.

(c)

Extent.

(1)

Screen Planting. Adequate to screen objectionable views effectively within a reasonable time; in some cases temporary screening devices may be required until suitable screen planting can be achieved.

(2)

Other Planting. For mobile home parks and trailer camps, other planting should be adequate in size. Quantity and character to provide an attractive setting for the mobile homes, trailers and other improvements, to provide adequate privacy and pleasant outlooks for living units, to minimize reflected glare and to afford summer shade.

(3)

Existing Planting. Acceptable as required planting to the extent that it is equivalent, suitable and preserved in good condition.

(4)

Fences and Walls. Appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather and use.

(5)

Proper Maintenance Required. All screenings, fences and walls required by this Chapter shall be maintained so as not to provide an objectionable view by themselves.

(d)

Required Buffer Strips in Industrial Districts. Where an Industrial District abuts a Residential District, there shall be provided along any rear, side or front line, coincidental with any Industrial-Residential boundary, a buffer strip not less than thirty (30) feet in width, as measured at right angles to said lot line. Plant materials at least six (6) feet in height, of such variety and growth habits as to provide a year-round effective visual screen when viewed from the Residential District, shall be planted within the exterior twenty-five (25) feet abutting the Residential District. If the required planting screen is set back from the Industrial-Residential boundary, the portion of the buffer strip facing the Residential District shall be attractively maintained. The exterior twenty-five (25) feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior fifteen (15) feet may be devoted to parking of vehicles.

(a)

Definitions. The following definitions shall be applicable in this Section, unless the context otherwise requires:

(1)

Airport. The Oconto Municipal Airport located in Sections 25 and 26, Town 28N, Range 21E, Oconto County, Wisconsin.

(2)

Airport Hazard. Any structure or object of natural growth, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.

(3)

Nonconforming Use. Any structure or tree which does not conform to a regulation prescribed in this Section or an amendment thereto, as of the effective date of such regulation.

(4)

Person. Any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

(5)

Structure. Any object constructed or installed by man.

(6)

Trees. Does not include shrubs, bushes or plants which do not grow to a height of more than twenty (20) feet.

(7)

Runway. A level portion of an airport having a surface specially developed and maintained for the landing and take-off of aircraft.

(b)

Zones. All zones established by this Section are as shown on the map dated November 15, 1976, entitled "Height Limitation Zoning Map, Oconto Municipal Airport, Oconto, Wisconsin" which is adopted as part of this Section by reference.

(c)

Height Limitation Zones. Except as otherwise provided in this Section, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or location and no trees shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in Subsection (b) hereof.

(d)

Use Restrictions.

(1)

Activities. Notwithstanding the provisions of Subsection (c), no use may be made of land in any zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility, in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.

(2)

Exceptions. The restrictions contained in Subsection (c) shall not apply to objects which are less than thirty-five (35) feet in height above ground level at the object site within Sections 23, 24, 25, 26 and 27, Town 28N, Range 21E, Oconto County, Wisconsin or to structures less than seventy (70) feet in height above ground within the remaining area to three (3) miles from the airport boundary.

(e)

Nonconforming Uses. The regulations prescribed in Subsections (b) and (c) above shall not be construed to require the removal, lowering or other change or alteration of any nonconforming use, or otherwise interfere with the continuance of any nonconforming use.

(f)

Airport-Related Regulations.

(1)

Height Limitations. All airports or other aircraft landing facilities shall be located so that flight paths or aircraft landing or taking off from the facility clear the parcel boundary and all existing or future objects by a minimum distance of ten (10) vertical feet. This rule shall apply to all areas below the approach surface represented by an imaginary trapezoid one hundred (100) feet wide at both ends of a runway (or at a permanent marked threshold marker on such runway) and two hundred fifty (250) feet wide at the outer boundary and one thousand two hundred fifty (1,250) feet in length, assuming elevation of such trapezoid is 10.1 ratio.

(2)

Application of Overlapping Regulations. This Section shall not abrogate any easement, covenant or other private agreement provided that where the regulations of this Section are more restrictive or impose higher requirements than such easement, covenant or private agreement, the requirements of this Section shall prevail.

(3)

Area Regulations.

a.

No lot shall hereafter be divided or otherwise reduced in size so that the dimensional standards of this Chapter cannot be met for at least one (1) use permitted in the applicable zoning district.

b.

Lots hereinafter created shall comply with the City of Oconto Land Division Ordinance.

(a)

Purpose. This Ordinance [Section] is enacted to facilitate the identification, and to assure the property maintenance, of vacant buildings in the City of Oconto for the purpose of preserving and promoting the public health, safety, prosperity and general welfare, and to abate and prevent public and private nuisances and potential fire hazards.

(b)

Finding. The Common Council of the City of Oconto, Wisconsin, finds there are now, and may in the future be, vacant buildings which are dilapidated, unsafe, unhygienic and inadequately maintained so as to create or contribute to blight and so as to jeopardize the health, safety, prosperity and general welfare, and so as to create a public and/or private nuisance.

(c)

Intent. The intent of the Ordinance [Section] is to establish measures and requirements reasonably necessary to protect the health, safety and welfare of the public from the public nuisances, blight and negative market impact of vacant or abandoned buildings and structures.

(d)

Applicability. The provisions of this Vacant Building Ordinance shall apply to all residential and mixed occupancy buildings which are owned by a bank, mortgage company, credit union or other financial institution which are vacant or partially vacant for more than thirty (30) consecutive days.

(e)

Notification. Within fifteen (15) days of such vacancy in a residential or mixed occupancy building, the bank, mortgage company, credit union or other financial institution shall provide notice to the City of Oconto, through its Building Inspector, that such building or structure is presently vacant.

(f)

Continuing Notice. The original notice shall be provided within fifteen (15) days of vacancy, and an update as to the status of the building shall be provided to the Building Inspector every ninety-day period thereafter.

(g)

Existing Remedies. The provisions of this Ordinance [Section] shall not be construed to abolish or impair existing remedies of the City, or its officers or agencies, under State laws or other City General or Zoning Ordinances relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary, or the abatement of public nuisances.

(Ord. No. 2017-18, § I, 8-15-17)

(a)

Districts. Thirteen (13) zoning districts are provided in the City of Oconto as follows:

(1)

R-1 Single-Family Residential District.

(2)

Reserved.

(3)

R-2 Residential District.

(4)

R-3 Multifamily Residential District.

(5)

R-MH Mobile Home Park District.

(6)

CH Highway Commercial District.

(7)

CD Downtown Commercial District.

(8)

CG General Commercial District.

(9)

IL Light Industrial District.

(10)

IG General Industrial District.

(11)

RD Rural Development District.

(12)

C-1 Conservancy District.

(13)

REC Recreational District.

(b)

Zoning Maps. The boundaries of the districts are as indicated on the Zoning Map of the City, a copy of which is on file in the office of the City Clerk. Floodland district boundaries have been approved by the Department of Natural Resources under the Floodplain-Shoreland Mapping Grant Program. The Zoning Map, with all notations, references and other matters shown thereon, is as much a part of this Chapter as if specifically set forth herein. No buildings shall be erected or altered nor shall any building or premises be used for any purpose other than those which are permitted in the district in which the building or premises is located, except as specifically permitted in Article F, which relates to nonconforming uses.

(c)

Boundaries. If uncertainties exist with respect to the intended boundaries of the zoning districts shown on the zoning map, the following rules shall apply:

(1)

The district boundaries are the center lines of streets unless otherwise directed, and where the designation of a boundary line on the zoning map coincides with the location of a street, the center line of such street shall be construed to be the boundary of such district.

(2)

Where the district boundaries coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(3)

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks with lots, the district boundaries shall be construed to be lot lines, and where the designations on the zoning map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.

(4)

In unsubdivided property, the district boundary lines shown on the zoning map are intended to be section lines, quarter section lines and quarter quarter section lines, and where the district boundaries cross the quarter quarter sections, north-south or east-west, the district boundary line shall be the line through the center of the quarter section.

(5)

In unplatted areas less than ten (10) acres in area, the district boundaries, where not otherwise designated, shall be determined by the use of the scale shown on the zoning map.

(d)

Annexations. Any property annexed to the City shall be placed in the R-1 Single-family Residential District unless the annexation ordinance temporarily places the land in another district.

(e)

Vacation of Streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(a)

Purpose. The R-1 District is intended to provide single-family detached dwellings a quiet, spacious living neighborhood. Residents of the R-1 District are to be protected from hazards such as fire and nuisances such as noise, odors, vibration, congestions, environmental and aesthetic degradation and other uses which are incompatible with the provisions of this Chapter for this District.

(b)

Permitted Uses.

(1)

One family detached dwellings, except mobile homes.

(2)

Home occupations as defined in this Chapter.

(3)

Parks, forest preserves, recreation areas when publicly owned and operated.

(4)

Community buildings; temporary buildings for construction purpose for a period not to exceed the completion date of such construction; municipal buildings (this generally excludes buildings whose uses may cause public and private nuisances). Specifically, sewage treatment plants, garbage incinerators, warehouses, public garages, public shops or storage yards, penal or correction institutions and asylums.

(5)

Three-car maximum attached garage.

(6)

Reserved.

(7)

State-licensed community living arrangements servicing eight (8) or fewer residents.

(c)

Conditional Uses.

(1)

Cemeteries, crematoriums and mausoleums.

(2)

Charitable and non-profit institutions.

(3)

Child care facilities.

(4)

Churches, rectories, seminaries, convents, monasteries, including any other uses incidental to them.

(5)

Community swimming pool.

(6)

Elementary, middle and high school.

(7)

Libraries.

(8)

Golf courses.

(9)

Public service uses such as filtration plants, pumping stations, water reservoirs, police and fire stations, telephone exchanges, electric substations and booster stations.

(10)

Railroad right-of-way and trackage, but not including classification yards, terminal and maintenance facilities.

(11)

State-licensed community living arrangements servicing nine (9) to fifteen (15) residents.

(d)

Prohibited Uses.

(1)

Two-family buildings (includes duplexes) and multifamily buildings.

(2)

Mobile home parks.

(3)

All commercial buildings and industrial buildings.

(4)

All other uses not meeting the criteria outlined in Subsections (b) and (c) above.

(5)

Detached garages on lot without residence unless adjacent lot has residence and is also owner of adjacent lot. (If built already, cannot be sold individually; use must be for storage only.)

(6)

Transitional facilities.

(7)

Shipping container homes.

(8)

Shipping container accessory buildings.

(9)

Mobile service structure (tower).

(e)

Building Dimensions.

(1)

Height. Maximum two and one-half (2½) story, but not to exceed thirty-five (35) feet.

(2)

Area. Eight hundred (800) square feet minimum. Does not apply to seasonal use properties. No variances shall be granted under this Subsection.

(f)

Reserved.

(g)

Yards.

(1)

Front and any other yards facing a street. Twenty-five (25) feet minimum.

(2)

Rear. Fifteen (15) feet minimum; including those yards abutting alleyways.

(3)

Side. Ten (10) feet per side.

(4)

[Variances.] No variance shall be granted under this Subsection.

(5)

Exception. If any owner of any legal nonconforming structure where the setbacks do not meet the requirements set forth above in (1)—(3) wishes to improve their property, and by improving said property it will increase the setback distance from what it was before the improvement, even if it doesn't meet the requirements, the property owner shall be allowed to make such improvement.

(h)

Yards for Accessory Buildings. See requirements set forth in Section 13-1-200.

(Ord. No. 1063, § 1, 8-14-07; Ord. No. 2016-12, 10-11-16; Ord. No. 2016-15, 11-1-16; Ord. No. 2017-04, §§ I, II, 3-14-17; Ord. No. 2018-03, § I, 2-13-18; Ord. No. 2024-05, § I, 10-15-24)

(a)

Purpose. The R-2 District is intended to provide a living environment similar in all aspects to the R-1 District, although with a higher population density and greater diversity of housing types.

(b)

Permitted Uses.

(1)

All uses permitted in the R-1 District.

(2)

Two-family dwellings (duplexes).

(3)

Two-unit and three-unit apartments.

(4)

Churches and places of public worship.

(5)

Two-car maximum attached garage dwelling.

(6)

State-licensed community living arrangements servicing eight (8) or fewer residents.

(c)

Conditional Uses.

(1)

All uses permitted conditionally in the R-1 District, except churches and places of public worship which are permitted in the R-2 District.

(2)

Hospitals, sanitariums and clinics.

(3)

State-licensed community living arrangements such as a Community Board Residential Facility, servicing nine (9) to twenty-five (25) beds and for nursing homes, up to fifty (50) beds.

(4)

Antique and gift shops.

(5)

Restaurants and cafes.

(6)

Book stores.

(7)

Taverns.

(8)

Event/wedding barns.

(9)

Outdoor special event venues.

(d)

Prohibited Uses.

(1)

Multifamily residential (four (4) or more units per structure).

(2)

Mobile home parks.

(3)

All commercial buildings.

(4)

All industrial buildings.

(5)

All other uses not meeting the criteria set forth in Section 13-1-41(b) and (c) of the R-1 District.

(6)

Transitional facilities.

(7)

Shipping container homes.

(8)

Shipping container accessory buildings.

(9)

Mobile service structure (tower).

(e)

Building Dimensions.

(1)

Height. Maximum two and one-half (2½) stories, but not to exceed thirty-five (35) feet.

(2)

Area. One thousand (1,000) square feet minimum. No variance shall be granted under this Subsection.

(f)

Reserved.

(g)

Yards.

(1)

Front and any other yards facing a street. Twenty-five (25) feet minimum.

(2)

Rear. Fifteen (15) feet minimum; including those yards abutting alleyways.

(3)

Side. Ten (10) feet per side.

(4)

[Variances.] No variance shall be granted under this Subsection.

(5)

Exception. If any owner of any legal nonconforming structure where the setbacks do not meet the requirements set forth above in (1)—(3) wishes to improve their property, and by improving said property it will increase the setback distance from what it was before the improvement, even if it doesn't meet the requirements, the property owner shall be allowed to make such improvement.

(h)

Yard for Accessory Buildings. See requirements set forth in Section 13-1-200.

(Ord. No. 1063, § 2, 8-14-07; Ord. No. 2016-02, 4-19-16; Ord. No. 2016-12, 10-11-16; Ord. No. 2016-16, 11-1-16; Ord. No. 2017-04, § III, 3-14-17; Ord. No. 2018-03, § II, 2-13-18; Ord. No. 2022-09, § I, 6-29-22; Ord. No. 2024-05, § II, 10-15-24)

(a)

Purpose. The R-3 District is intended to provide sufficient space to meet the probable future needs for multiple-family dwellings (four (4) or more units per structure) in a compatible environment.

(b)

Permitted Uses.

(1)

Four (4) or more unit dwellings, includes elderly housing complexes and low income rental complexes.

(2)

Parks, forest preserves recreational areas when publicly owned and operated.

(3)

State-licensed community living arrangements servicing eight (8) or fewer residents.

(c)

Conditional Uses.

(1)

Rest homes, nursing homes, community buildings, cemeteries, crematoriums and mausoleums.

(2)

Charitable and nonprofit institutions.

(3)

Child care facilities.

(4)

Churches, rectories, seminaries, convents, monasteries, including any other uses incidental to them.

(5)

Community swimming pools.

(6)

Elementary, middle and high schools.

(7)

Public libraries.

(8)

Golf courses.

(9)

Public service uses such as filtration plants, pumping stations, water reservoirs, police and fire stations, telephone exchanges, electric substations and booster stations.

(10)

Railroad right-of-way and trackage, but not including classification yards, terminal, and maintenance facilities.

(11)

All uses permitted in the R-1 and R-2 Districts.

(12)

Reserved.

(13)

Mini-garages limited to auto and recreational vehicle, and boat storage.

(14)

Offices.

(15)

State-licensed community living arrangements servicing nine (9) to fifteen (15) residents.

(16)

Transitional facilities.

(d)

Prohibited Uses.

(1)

Home occupations.

(2)

Mobile home parks.

(3)

Any commercial use or structure.

(4)

Any industrial use or structure.

(5)

All other uses not meeting like criteria set forth by Subsections (b) and (c) above.

(6)

Shipping container homes.

(7)

Shipping container accessory buildings.

(8)

Mobile service structure (tower).

(e)

Building Dimensions.

(1)

Height. Maximum three (3) stories, but not to exceed forty-five (45) feet.

(f)

Reserved.

(g)

Yards.

(1)

Front and any other yards facing a street. Twenty-five (25) feet minimum.

(2)

Rear. Fifteen (15) feet minimum; including those yards abutting alleyways.

(3)

Side. Ten (10) feet per side.

(4)

[Variances.] No variance shall be granted under this Subsection.

(5)

Exception. If any owner of any legal nonconforming structure where the setbacks do not meet the requirements set forth above in (1)—(3) wishes to improve their property, and by improving said property it will increase the setback distance from what it was before the improvement, even if it doesn't meet the requirements, the property owner shall be allowed to make such improvement.

(h)

Yard for Accessory Buildings. See requirements set forth in Section 13-1-200.

(Ord. No. 1073, § 4, 4-8-08; Ord. No. 1085, § 1, 12-16-08; Ord. No. 2016-12, 10-11-16; Ord. No. 2106-16, 11-1-16; Ord. No. 2017-04, § IV, 3-14-17; Ord. No. 2018-03, § III, 2-13-18; Ord. No. 2024-05, § III, 10-15-24)

(a)

Purpose.

(1)

It is the intent and purpose of this Section to regulate the placing of mobile home parks of all types and varieties in the City of Oconto with regard to providing adequate standards to protect the public health, safety, morals, convenience, and general welfare.

(2)

The Mobile Home Park District is established:

(a)

To provide regulations and standards for the development of a safe, healthy and well-designed community for permanent mobile home living.

(b)

To provide in appropriately located areas within the R-MH Districts, sites for mobile home living developed at reasonable density consistent with sound standards of public health and safety.

(c)

To insure adequate light, air, access and open space for each mobile living unit.

(d)

To regulate the mobile home park such that it will complement the land use policy for the R-MH District.

(b)

Occupancy. No mobile home (single-wide or double-wide) as defined in this Chapter shall be occupied or used for living or sleeping purposes unless it is located in an area that has been granted an appropriate permit by the Zoning Administrator. Temporary mobile homes or travel trailers used on construction projects or in conjunction with carnivals and circuses may be permitted when approved by the Zoning Administrator.

(c)

Placement. Mobile home parks may be permitted in the R-MH District, given the mobile home park meets the design and performance standards as follows.

(d)

Design and Performance Standards.

(1)

Mobile home parks may be permitted on parcels or lots of record of not less than two hundred thousand (200,000) square feet.

(2)

There shall be a maximum of six (6) mobile homes per gross acre.

(3)

There shall be a minimum of five thousand (5,000) square feet of site area per mobile home for double wides, and three thousand (3,000) square feet for single width homes.

(4)

A mobile home park shall provide indoor and outdoor community use facilities and recreation open spaces of which not less than five thousand (5,000) square feet in area for each ten (10) acres or portion thereof shall be developed for use by children. The aggregate community use facilities and open spaces shall not be less than two hundred (200) square feet for each mobile home space.

(5)

Not more than one (1) dwelling unit shall be located in any facility granted a conditional use permit under this Section.

(6)

No mobile home dwelling unit, or accessory building intended to serve the whole mobile home park, shall be located in a required front yard or less than twenty-five (25) feet from the property line of the mobile home park boundary.

(7)

Only one (1) mobile home may be located on a mobile home site as designated in a mobile home park and subject to the following yards and setbacks:

(a)

Front yard and rear yard shall be a minimum of ten (10) feet.

(b)

Side yard shall be a minimum of five (5) feet.

(c)

Minimum distance of twenty (20) feet between mobile homes and/or other principal permitted structures.

(8)

The only accessory structure permitted on individual mobile home sites shall be a temporary sun or wind shelter, and/or a storage building with a maximum size of ten (10) feet by ten (10) feet, and garages for the storage of motor vehicles.

(a)

Rear yard setback for accessory building is ten (10) feet.

(b)

Side yard setback for accessory building is five (5) feet.

(9)

All streets for automobile circulation shall be a minimum of thirty (30) feet in width and surfaces with two (2) inches of asphalt or its equivalent and six (6) inches of compacted aggregate base.

(10)

A minimum of two (2) improved parking spaces shall be provided for each mobile home, one (1) of which shall be on the mobile home site.

(11)

All utilities, including television services, shall be underground.

(12)

Fencing and landscaping. Adequate landscaping shall be provided, including trees and shrubs around the perimeter of the mobile home park.

(13)

A designated camp and travel trailer and boat storage area shall be provided with an aggregate area of fifty (50) square feet per mobile home space. This shall be enclosed, mini-garage type unit.

(14)

Shipping container homes are prohibited.

(15)

Shipping container accessory buildings are prohibited.

(e)

Permitted Uses.

(1)

Mobile homes, residential.

(2)

Neighborhood parks.

(f)

Conditional Uses.

(1)

Water storage and pumping facilities.

(2)

Electric substations and booster stations.

(3)

Public parking areas.

(Ord. No. 2018-03, § IV, 2-13-18; Ord. No. 2024-05, § IV, 10-15-24)

(a)

Purpose. The CH District is established to accommodate highly traffic depended businesses. The CH District's primary objective is to allow an area for businesses which will capture flow through/convenience buyers rather and providing major purchase items.

(b)

Permitted Uses and Structures.

(1)

Gas stations.

(2)

Gas station combination quick-mart establishments serving convenience goods.

(3)

Automobile and equipment sales and service establishments.

(4)

Drive-in establishments serving food and beverages for consumption on premises.

(5)

Motels, hotels.

(6)

Amusement parks.

(7)

Resorts.

(8)

Bait stores.

(9)

Theatres.

(10)

Discount variety stores.

(11)

Car wash.

(12)

Packaged beverage stores.

(13)

Coin-operated laundromats.

(14)

Multi-unit senior apartments.

(15

All permitted uses allowed under the CD Downtown Commercial Zoned District.

(c)

Conditional Uses and Structures.

(1)

Drugstores.

(2)

Neighborhood groceries.

(3)

Barber shops.

(4)

Beauty salons.

(5)

Magazine stores.

(6)

Laundry and dry cleaners.

(7)

Apartments above the first floor of a commercial use.

(8)

Offices.

(9)

Clinics.

[(10)

Reserved.]

(11)

All conditional uses allowed under the CD Downtown Commercial Zoned District.

(d)

Prohibited Use.

(1)

Adult bookstores and pornographic video establishments.

(2)

Those uses not mentioned in Subsections (b) and (c) above.

(3)

Marijuana and drug paraphernalia establishments.

(4)

Shipping container accessory buildings, both wheeled and unwheeled.

(e)

Building Dimensions.

(1)

Height. Thirty-five (35) feet maximum.

(2)

Area. No minimum or maximum.

(f)

Lot Size.

(1)

Width. Sixty-six (66) feet minimum.

(2)

Area. Seven thousand (7,000) square feet minimum.

(g)

Yards.

(1)

Front. Twenty-five (25) feet (maybe parking).

(2)

Rear. Twenty (20) feet.

(3)

Side. Ten (10) feet on each side.

(h)

Yard for Accessory Buildings. Side/rear yard setback for accessory buildings is ten (10) feet.

(Ord. No. 1091, § 1, 1-13-09; Ord. No. 2019-7, § I, 4-16-19; Ord. No. 2019-06, § I, 9-10-19; Ord. No. 2025-07, § I, 5-20-25)

(a)

Purpose. The CD District is established to maintain certain elements of the traditional purpose and appearance of the downtown area by permitting higher density and limited on street parking near the established commercial core of the City.

(b)

Permitted Uses and Structures.

(1)

Retail sales establishments.

(2)

Financial institutions.

(3)

Personal and business service establishments.

(4)

Commercial and professional offices.

(5)

Restaurants.

(6)

Cafes.

(7)

Taverns.

(8)

Bars.

(9)

Government offices.

(10)

Post offices.

(11)

Libraries.

(12)

Private clubs.

(13)

Lodges.

(14)

Historic and cultural features and libraries.

(15)

Historic and cultural features and buildings.

(16)

Bus depots.

(17)

Clinics.

(18)

Parks.

(19)

Recreational areas when publicly owned and operated.

(20)

Parking lots.

(21)

Arcades.

(22)

Pool halls and other similar places of amusement.

(23)

Grocery stores.

(24)

Filling stations/convenience stores.

(25)

An apartment(s) above the first floor of a commercial use.

(c)

Conditional Uses.

(1)

Wholesale establishments.

(2)

Rest homes, nursing homes.

(3)

Penal or correctional institutions.

(4)

Veterinary hospitals, clinics.

(5)

Telephone exchanges, electric substations, booster stations.

(6)

Drive-in restaurants.

(7)

Automobile and other vehicle sales and service.

(8)

Railroad rights-of-way.

(d)

Prohibited Uses.

(1)

Sale and storage of livestock.

(2)

Bulk sale and storage of grain, fertilizer and petroleum products.

(3)

Sale and outside storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a permitted conditional use.

(4)

Adult book stores and pornographic video establishments.

(5)

Dog kennels.

(6)

Marijuana and drug paraphernalia establishments.

(7)

Shipping container accessory buildings, both wheeled and unwheeled.

(e)

Building.

(1)

Height. Thirty-five (35) feet.

(2)

Area. No minimum or maximum.

(f)

Lot Size.

(1)

Width. Twenty-five (25) feet.

(2)

Area. Two thousand five hundred (2,500) feet.

(g)

Yard.

(1)

Front. None required.

(2)

Side. When abutting residential or conservancy properties, the setback is ten (10) feet; when abutting commercial or industrial properties, no setback is required.

(h)

Yard for Accessory Buildings. Side/rear yard setback for accessory buildings is ten (10) feet.

(Ord. No. 2019-7, § II, 4-16-19; Ord. No. 2019-06, § II, 9-10-19; Ord. No. 2021-03, §§ I, II, 2-9-21; Ord. No. 2025-07, § II, 5-20-25)

(a)

Purpose. The CG District is established to provide for low density business and limited wholesale and other compatible noncommercial uses.

(b)

Permitted Uses.

(1)

Retail sales establishments.

(2)

Financial institutions.

(3)

Personal and business service establishments.

(4)

Automotive and equipment service establishments.

(5)

Gasoline service stations.

(6)

Commercial and professional offices.

(7)

Hotels, motels.

(8)

Restaurants, cafes.

(9)

Taverns, bars.

(10)

Theatres.

(11)

Bowling alleys.

(12)

Arcades.

(13)

Pool halls.

(14)

Dance halls.

(15)

Auditoriums.

(16)

Community centers.

(17)

Government offices.

(18)

Post offices.

(19)

Libraries.

(20)

Private clubs, lodges.

(21)

Historic and cultural features and buildings.

(22)

Bus depots.

(23)

Veterinary hospitals, clinic.

(24)

Wholesale establishments.

(25)

Warehouse for local wholesale and retail establishments as for personal property.

(26)

Parks, preserves, publicly owned recreation land.

(27)

Parking lots.

(28)

Clinics.

(c)

Conditional Uses.

(1)

Rest homes.

(2)

Nursing homes.

(3)

Hospitals.

(4)

Sanitariums.

(5)

Penal or correctional institutions.

(6)

Telephone exchanges.

(7)

Electric substations.

(8)

Booster stations.

(9)

Publicly regulated utilities.

(10)

Private-for-profit outdoor recreation areas.

(11)

Golf courses.

(12)

Miniature golf courses.

(13)

Swimming pools.

(14)

Campgrounds.

(15)

Drive-in restaurants.

(16)

Bulk sale and storage of grain fertilizer and petroleum products.

(17)

Apartments above the first floor of a commercial use.

(d)

Prohibited Uses.

(1)

Sale and storage of livestock.

(2)

Sale and outside storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a permitted use.

(3)

Adult book stores, and/or pornographic video establishments.

(4)

Dog kennels.

(5)

Marijuana and drug paraphernalia establishments.

(6)

Shipping container accessory buildings, both wheeled and unwheeled.

(e)

Building Dimensions.

(1)

Height. Thirty-five (35) feet maximum.

(2)

Area. No minimum or maximum.

(f)

Lot Size.

(1)

Width. Sixty-six (66) feet minimum.

(2)

Area. Seven thousand (7,000) square feet minimum.

(g)

Yards.

(1)

Front. Twenty-five (25) feet.

(2)

Rear. Twenty (20) feet.

(3)

Side. Ten (10) feet on each side.

(h)

Yard for Accessory Buildings. Side/rear yard setback for accessory buildings is ten (10) feet.

(Ord. No. 2019-7, § III, 4-16-19; Ord. No. 2019-06, § III, 9-10-19; Ord. No. 2025-07, § III, 5-20-25)

(a)

Purpose. The IL Light Industrial District is intended to accommodate light industrial, wholesale and research establishments. The IL District may be located in various areas throughout the community and may or may not be in close proximity to the residential districts. Any industrial use may be permitted, except those that would present danger to residents of the community or generate noise, smoke, traffic, or air and water pollution, that would create a public or private nuisance. Emphasis is placed on providing land for warehousing and light assembly industries. Outdoor storage or raw materials or finished products is not allowed. All other uses (residential, commercial and public) are prohibited, except that a swelling may be provided for a caretaker or superintendent if the industrial use requires constant supervision.

(b)

Permitted Uses.

(1)

Wholesaling and warehousing.

(2)

Production, processing, servicing, testing, repair or storage of materials, equipment and goods.

(3)

Agricultural activities, limited to horticulture, nurseries and forestry.

(4)

Accessory uses, including off-street parking and loading as permitted or required by this Chapter.

(5)

Mini-warehouse use-enclosed.

(c)

Conditional Uses.

(1)

State-licensed Community Based Residential Facility (CBRF) for up to twenty (20) units.

(2)

Mental health clinics.

(3)

Telephones, telegraph and telecommunication towers.

(4)

Automobile dealerships.

(5)

Apartment complexes/buildings with more than ten (10) units.

(d)

Prohibited Uses. Any use not mentioned as part of Subsection (b).

(e)

Building Dimensions.

(1)

Height. Thirty-five (35) feet maximum.

(2)

Area. No minimum or maximum.

(f)

Lot Size.

(1)

Width. Eighty-five (85) feet minimum.

(2)

Area. Eight thousand five hundred (8,500) square feet.

(g)

Yards.

(1)

Front. Twenty-five (25) feet (fifty (50) feet when parking is in front yard).

(2)

Rear. Twenty-five (25) feet.

(3)

Side. Ten (10) feet on each side.

(h)

Yard for Accessory Buildings.

(1)

Shipping container homes and shipping container accessory buildings, both wheeled and unwheeled, are prohibited.

(Ord. No. 1085, § 2, 12-16-08; Ord. No. 2016-01, § I, 2-9-16; Ord. No. 2017-05, § I, 3-14-17; Ord. No. 2019-06, § IV, 9-10-19; Ord. No. 2025-07, § IV, 5-20-25)

(a)

Purpose. The IG General Industrial District is intended to accommodate those industrial uses which are not permitted in the IL District. Such industrial undertakings need not be enclosed where the type of undertaking requires that the activities be carried on outside. All production, processing, servicing, testing, repair or storage of materials or goods may take place in enclosed buildings. All outdoor storage shall be screened by a site obscuring fence or shrubs when the zoning lot is fronting a street or highway and/or is adjacent to residential districts. Any industrial use may be permitted, except one which would endanger the health or safety of residents or would create a public or private nuisance by generating excessive noise, smoke, traffic, or air or water pollution.

(b)

Permitted Uses.

(1)

Any use permitted in the IL District.

(2)

Railroad rights-of-way including trackage, terminals, classification yards and maintenance facilities.

(3)

The storage of gravel.

(4)

Agricultural activities, limited horticulture, crop and till farming, and forestry.

(c)

Conditional Uses.

(1)

Quarries, stone and gravel pits, including incidental uses such as crushing and sorting equipment.

(2)

Agricultural activities, including animal husbandry.

(3)

Telephones, telegraph and telecommunication towers.

(4)

Mini-warehouse use, enclosed.

(5)

Strip mall to include the following types of uses:

(a)

Restaurants, subject to being within an enclosed building and not contain any drive-up service.

(b)

Professional offices.

(c)

Retail uses that include the following:

(1)

Retail sales and discount variety stores.

(2)

Clothing and shoe stores.

(3)

Barber shops.

(4)

Beauty parlors.

(5)

Book, magazine and stationery stores.

(6)

Candy, ice cream, yogurt and custard stores.

(7)

Dry cleaning and laundry establishments.

(8)

Florist shops.

(9)

Food stores, grocery stores, meat and fish stores.

(10)

Gift shops and card shops.

(11)

Camera and photographic supply and film and processing.

(12)

Video rental establishments.

(13)

Computer and electronic appliance stores.

(14)

Household appliance stores.

(15)

Tailor shops.

(16)

Blue printing, photostating establishments and copy shops.

(17)

Travel bureaus and transportation ticket offices.

(18)

Telephone, cellular and pager stores.

(19)

Tobacco stores.

(20)

Bakeries.

(21)

Delicatessens.

(22)

Office supply stores.

(6)

Financial institutions not limited to banks, savings and loans and credit unions.

(d)

Prohibited Uses.

(1)

Scrap yards, junk yards and automobile salvage yards.

(2)

All other user-residential, commercial, public and semi-public uses are prohibited, except that a dwelling may be provided for a caretaker if an industrial activity requires constant supervision.

(e)

Building Dimensions.

(1)

Height. Thirty-five (35) feet maximum.

(2)

Area. No minimum or maximum.

(f)

Yards.

(1)

Front. Twenty-five (25) feet (fifty (50) feet when parking is in front yard).

(2)

Rear. Twenty-five (25) feet.

(3)

Side. Ten (10) feet on each side.

(g)

Yards for Accessory Buildings.

(1)

Shipping container homes and shipping container accessory buildings, both wheeled and unwheeled, are prohibited.

(h)

Screening. All outdoor storage areas shall be screened by a site-obscuring fence (six (6) foot high minimum) when the storage is adjacent to a residential district.

(Ord. No. 2019-06, § V, 9-10-19; Ord. No. 2025-07, § V, 5-20-25)

(a)

Purpose. The Rural Development is intended to prevent premature development at urban densities on otherwise suitable land which is not served by streets, utilities, community facilities at the time of designation. The RD District allows agricultural activity on land within the City limits.

(b)

Permitted Uses.

(1)

Agricultural, horticultural and forest activities, including crop and truck farming, truck gardening and limited applications of animal husbandry.

(2)

Parks, forest preserves, campgrounds and golf courses.

(3)

Home occupations are permitted both in existing dwellings and in dwellings constructed as conditional user.

(4)

Dog kennels for boarding and breeding.

(c)

Conditional Uses.

(1)

Single-family detached dwellings.

(2)

Schools.

(3)

Churches and places of public worship.

(4)

Rest homes and nursing homes.

(5)

Hospitals, sanitariums and clinics.

(6)

Funeral homes and crematoriums.

(7)

Cemeteries and mausoleums.

(8)

Clubs and lodges.

(9)

Sales of goods produced on the premises, provided that only temporary stands and existing buildings are used for selling.

(10)

Local public service uses, including filtration plants, pumping stations, water reservoirs, sewage treatment plants, garbage incinerators, sanitary landfills, garages and shops, storage yards and police and fire stations.

(11)

Publicly regulated utility installations, including telephone exchanges, telephone service garages and shops, and electric substations and booster stations.

(12)

Gravel pits and like extraction facilities.

(d)

Buildings/Dimensions.

(1)

Height. Maximum two and one-half (2½) stories, thirty-five (35) feet maximum.

(2)

Area. One thousand (1,000) square feet minimum.

(e)

Lot Size.

(1)

Width. Two hundred fifty (250) feet.

(2)

Area. Two (2) acres.

(f)

Yards.

(1)

Front. Twenty-five (25) feet minimum.

(2)

Rear. Twenty-five (25) feet minimum.

(3)

Side. Ten (10) feet on each side.

(g)

Yard for Accessory Buildings.

(1)

Shipping container homes and shipping container accessory buildings, both wheeled and unwheeled, are prohibited.

(Ord. No. 2019-06, § VI, 9-10-19; Ord. No. 2021-12, § I, 10-12-21; Ord. No. 2025-07, § VI, 5-20-25)

(a)

Purpose. The Conservancy District should discourage development and disturbances to the natural setting in areas with unique features. C-1 areas will provide protected areas to insure property water conservation and flood control. Primary consideration will be given to outdoor recreation and forestry pursuits while also providing areas where native flora and fauna may prosper in a natural habitat.

(b)

Permitted Uses.

(1)

Management of forestry, wildlife, and fish; hunting, fishing, and trapping.

(2)

Harvesting of wild crops such as marsh hay, ferns, moss, fruit, berries, and tree seeds.

(3)

Bicycle, hiking, and equestrian trails.

(4)

Parks and forest preserves.

(5)

Transmission lines.

(c)

Conditional Uses.

(1)

Dams and water storage and pumping facilities.

(2)

Electric substations and booster stations.

(3)

Golf courses.

(4)

Public parking areas.

(d)

Building Dimensions.

(1)

Height. Maximum building height is thirty-five (35) feet.

(2)

Area. One thousand (1,000) square feet maximum.

(e)

Lot Size.

(1)

Area. Minimum lot area: One (1) acre.

(2)

Width. Minimum lot width: One hundred twenty-five (125) feet at the building line.

(f)

Yards.

(1)

Front. Twenty-five (25) feet.

(2)

Rear. Twenty-five (25) feet.

(3)

Side. Ten (10) feet on each side.

(g)

Yard for Accessory Buildings. Side/rear yard setback for accessory buildings are ten (10) feet.

NOTE: In addition to this Chapter, many of the conservation areas are covered by the City of Oconto Floodplain Ordinance and Shoreland-Wetland Ordinance (Chapters 2 and 3 of this Title).

(a)

Purpose. The Recreational District provides for the development of those recreational uses which are consistent with the maximum recreational use of the water and its shoreland. The development of some residential uses is permitted providing that adequate sewage disposal facilities can be provided.

(b)

Permitted Uses.

(1)

One-family and two-family dwellings for year round or seasonal use. Shipping container homes and shipping container accessory buildings are prohibited.

(2)

Telephone, telegraph and power transmission towers, poles and lines including transformers, substations, equipment housings and other necessary appurtenant equipment and structures.

(3)

Public and private schools, churches, public parks and recreation areas, and historic sites.

(4)

Accessory uses permitted in the residential district.

(5)

Woodlots and tree farms.

(6)

Home occupation.

(7)

Golf courses.

(8)

Public swimming pools.

(9)

Recreational trails, public or private.

(10)

Museums (indoor).

(11)

Hospitals and clinics.

(c)

Conditional Uses.

(1)

Summer theaters and outdoor music amphitheaters.

(2)

Hotels, motels and resorts.

(3)

Institutional recreation camps.

(4)

Marinas, boat liveries, sale of bait and fishing equipment, fish farms and forest industries.

(5)

Trailer camps, campgrounds and mobile home parks.

(6)

Private clubs and lodges, except those whose chief activity is a service customarily carried on as a business.

(7)

Recreational complex.

(8)

Multifamily residential units, townhouses and planned development units.

(9)

Wastewater and/or sewage treatment facilities (except) for individual) on-site sewage disposal facilities such as septic tank filter field, holding tank, or alternate sewage disposal systems.

(10)

Bed and breakfast.

(11)

Beer garden.

(d)

Building Dimensions.

(1)

Height. No building or parts of a building hereafter erected or altered for human habitation shall be more than two and one-half (2½) stories and shall not exceed thirty-five (35) feet in height.

(e)

Lot Size.

(1)

Area. Buildings or part of buildings hereafter erected or structurally altered for human habitation shall provide the following lot areas and widths:

(a)

Lots served by public sanitary sewer shall have a lot area of not less than ten thousand (10,000) square feet and a width of not less than seventy-five (75) feet for single-family residences. For duplexes a minimum of fifteen thousand (15,000) square feet lot area and one hundred (100) feet minimum lot width would be required.

(b)

Lots not served by public sanitary sewer shall have a lot area of not less than twenty thousand (20,000) square feet and a width of not less than one hundred (100) feet for single-family residences. For duplexes a minimum of thirty thousand (30,000) square feet lot area and one hundred fifty (150) feet minimum lot width would be required.

(f)

Yards.

(1)

Side. There shall be a side yard on each side of all buildings not less than ten (10) feet in width for buildings served by public sewer and not less than fifteen (15) feet in width for buildings not served by public sewer.

(2)

Rear. Twenty-five (25) feet minimum.

(Ord. No. 2018-03, § V, 2-13-18; Ord. No. 2023-04, § I, 6-20-23; Ord. No. 2024-05, § V, 10-15-24)

Editor's note— Ord. No. 2017-17, adopted June 13, 2017, deleted § 13-1-53, which pertained to the R-B1 Single-Family Residential District (Bayshore Road), and derived from Ord. No. 2017-11, adopted Apr. 18, 2017.

Planned Unit Developments are intended to provide for greater flexibility in design and to provide for a combination of uses in a manner compatible to each and to the surrounding environment. A Planned Unit Development (PUD) is any development to be constructed and maintained by a single owner or group of owners acting through a corporation located on a single tract, planned as an entity and, therefore, acceptable for development and regulation as one (1) land unit. Planned Unit Developments are established to encourage and promote improved environmental design in the City of Oconto by allowing for greater freedom, imagination and flexibility in the development of land while insuring substantial compliance to the basic intent of the zoning ordinance and the general plan for community development. The PUD concept allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive, unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.

(a)

Dimensional Requirements. With PUD's, the requirements for lot area, lot width, side yard, rear yard, front yard, lot coverage and building height shall be consistent with sound planning and zoning principles. However, lots and buildings may be approved which do not meet the dimensional requirements in other districts of this Chapter. Such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plat itself, construed to be and enforced in accordance with this Chapter.

(b)

Conditional Uses. Any use allowed only as a conditional use in any of the other Districts of this Chapter may be permitted subject to the criteria as established in Section 13-1-66 following, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of the Chapter.

(c)

Single Parcel, Lot or Tract. Each PUD shall be considered as one (1) tract, lot or parcel, and the legal description must define said PUD as a single parcel, lot or tract and be so recorded with the County Register of Deeds.

(d)

Off-Street Parking. In each PUD, off-street parking shall be provided in accordance with Article G of this Chapter.

(e)

Signs. In each PUD, signs shall be classified and permitted in accordance with Article H, Sign Regulations.

As a basis for determining the acceptability of a Planned Unit Development application to the Plan Commission and Common Council, the following criteria shall be applied to the application for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this Chapter, is consistent with the policies of the City development plan, has been prepared with professional advice and guidance and produces significant benefits in terms of environmental design:

(a)

Character and Intensity of Land Use. In a Planned Unit Development, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

(1)

Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space.

(2)

Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.

(3)

Would not adversely affect the anticipated provision for school or other municipal services.

(4)

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(b)

Economic Feasibility and Impact. The proponents of a Planned Unit Development application shall provide evidence satisfactory to the Plan Commission and Common Council of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the City of Oconto or the values of surrounding properties.

(c)

Engineering Design Standards. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for storm water drainage or other similar environmental engineering consideration shall be based on standards necessary to implement the specific function in the specific situation, provided, however, in no case shall standards be less than those necessary to insure the public safety and welfare as determined by the City designated engineer.

(d)

Preservation and Maintenance of Open Space. In a Planned Unit Development, adequate provisions shall be made for the permanent preservation and maintenance of "open space" either by private reservation or dedication to the public.

(1)

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the City as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the PUD. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or, subsequently, with the express approval of the Common Council following approval of building, site and operational plans by the Plan Commission.

(2)

The care and maintenance of such open space reservations shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the City and shall be included in the title to each property.

(3)

Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the plan approval.

(e)

Implementation Schedule. The proponents of a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Common Council, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in an adverse effect upon the community as a result of termination at that point.

(a)

Preapplication Conference.

(1)

Before submitting an application for a PUD, an applicant shall confer with the Plan Commission, City staff and other City department heads, if required, in connection with the preparation of the planned unit development.

(2)

The purpose of the preapplication conference shall be to familiarize both the applicant and the Plan Commission with each other's intentions with respect to the PUD before the applicant enters into binding commitments or incurs substantial expense.

(3)

At the preapplication conference, the Plan Commission shall familiarize the applicant with the PUD process and explain to the applicant issues that should be considered in planning the project. The applicant shall inform the Plan Commission of his development concept through general outlines and sketch plans. Any statement made by either the Plan Commission or the applicant concerning potential disposition of a PUD application or the final form of the development shall not be legally binding.

(b)

Implementation Schedule. The proponents of a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Plan Commission, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effects upon the community as a result of termination at that point.

(c)

Zoning Procedure. The procedure for zoning a PUD shall be the same as required for a zoning amendment, except that in addition the zoning may only be considered in conjunction with a specific development plan. The applicant shall file with the Plan Commission a specific development plan which shall include the following information:

(1)

Statement of development concept, including the planning objectives and the character of the development to be achieved through the PUD.

(2)

An accurate map of the project area, including its relationship to surrounding properties and existing topography and key features.

(3)

The pattern of proposed land use including shape, size and arrangement of proposed use areas, density and environmental character (single-family, multiple-family, commercial, public, etc.).

(4)

The pattern of public and private streets.

(5)

The location, size and character of recreational and open space areas reserved or dedicated for public uses such as recreational areas and common open space areas.

(6)

Preliminary engineering plans, including site grading, street improvements, drainage, public utility extensions and landscaping plans.

(7)

Preliminary building plans, including floor plans and exterior designs or elevations.

(8)

Development schedule indicating the appropriate date when construction of the PUD can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development.

(9)

General outline of intended organizational structure related to property owners' association, deed restrictions and private provision of common services.

(10)

Statement of financing plan, including projected sources and amounts of funds.

(11)

Statement of intentions regarding the future setting or leasing of all or portions of the PUD, such as land areas, dwelling units and public facilities.

(12)

Any additional information as required by the Plan Commission necessary to evaluate the character and impact of the proposed PUD.

(13)

The application shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(d)

Referral and Public Hearing.

(1)

Within thirty (30) days after completion of the filing of the petition for approval of a general development plan, the Plan Commission shall forward the petition to the Common Council with a recommendation that the plan be approved as submitted, approved with modifications or disapproved.

(2)

Within thirty (30) days of the receipt of the Plan Commission's recommendations, the Council shall determine whether or not to initiate a proposed zoning change to permit the proposed PUD and to schedule the required public hearing.

(3)

Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a final implementation plan and shall not make permissible any of the uses as proposed until a final implementation plan is submitted and approved for all or a portion of the general development plan.

(e)

Criteria for Approval. Approval of the general development plan shall be granted only upon determination by the Plan Commission and Common Council that the preliminary development plan:

(1)

Conforms with the development controls set forth in this Article.

(2)

Provides benefits to the City which outweigh its adverse effects; in making this determination, the Plan Commission and Common Council shall consider the following:

a.

Quality of site design, including integration of a variety of land uses, building types and densities, preservation of natural features; compatibility with adjacent land uses; provision and type of open space; provision of other amenities designed to benefit the general public.

b.

Traffic flow and safety.

c.

Adequacy of utilities and other public works.

d.

Impact on existing public facilities within the City.

e.

Potential fiscal impact.

(f)

Abandonment of Project. In the event approval is granted, but prior to final approval, the applicant or developer elects to abandon said development plan and notifies the Commission in writing or fails to file for a final approval within the specified times, the approval shall be deemed to be revoked. All areas within the development plan which have not received final approval shall be controlled by the zoning and subdivision regulations applicable before the development plan and rezoning was approved, and the revocation of approval shall be noted on the Zoning District Map and in the records of the Plan Commission.

(g)

Final Development Plan.

(1)

In the event the general development plan and the rezoning are granted tentative approval, with or without conditions, the applicant shall submit a final development plan or a final development plan of that segment to be developed first to the Zoning Administrator within one (1) year from the date of tentative approval. In the case of a final development plan which provides for development over a period of more than one (1) year, the time between submittals for final approval of each part of a final development plan shall be not less than twelve (12) months.

(2)

The final development plan shall consist of final versions of all statements and graphics presented in the general development plan as required in Subsection (c) and must contain any revisions which are required by the Common Council at the time of tentative approval of the general development plan. The final development plan and any related materials shall be a specific and detailed plan for implementation of all or a part of the proposed planned unit development and shall be suitable for recording with the Oconto County Register of Deeds.

(3)

Following a review of the final development plan, the Plan Commission shall recommend to the Council that it be approved as submitted, approved with modifications or disapproved.

(4)

Upon receipt of the Plan Commission's recommendation, the Common Council shall review the final development plan and any related materials within forty-five (45) days and shall then approve, approve with modifications or disapprove the final development plan. The Common Council shall approve the final development plan only if the final development plan is in substantial compliance with the general development plan and in accordance with the provisions of Subsection (e).

(h)

Recording of Final Development Plan and Amendment of Zoning District Map.

(1)

A final development plan, or any part thereof, which has received final approval shall be so certified by the Plan Commission and filed by the applicant or developer with the Oconto County Register of Deeds. Evidence of such recording shall be provided to the City in the form of one (1) true and correct reproducible copy of the plan as recorded. No development shall proceed until such time as the final development plan has been placed on record. Upon the recording of the final development plan, the Zoning District Map shall be amended to designate the area covered by the recorded final development plan as a "Planned Unit Development District."

(2)

Following such action by the Commission, the zoning and subdivision regulations otherwise applicable to the land included in such final development plan shall cease to apply thereto and the recorded final development plan shall govern.

(i)

Zoning Administration—Permits.

(1)

The Zoning Administrator may issue permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.

(2)

However, the Zoning Administrator shall not issue an occupancy permit for any building or structure shown on the development plan of any stage of the planned unit development unless the open space and public facilities allocated to that stage of the development schedule have been conveyed to the proper authorities. He shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances.

(j)

Enforcement.

(1)

The developer shall begin construction of the PUD within twelve (12) months of the date of the recording of the final development plan. The Plan Commission may grant in writing an extension of this time period of up to twelve (12) months upon demonstration of good cause by the developer. If the developer fails to commence construction of the PUD within the specified time, the Plan Commission shall proceed with actions as specified in Subsection (3) below.

(2)

If the PUD is to be developed in stages, then the developer must begin the construction of each stage within the time limits specified in the final development plan. Construction in each phase shall include all the elements of that phase specified in the final development plan.

(3)

The Plan Commission, or its designee, shall periodically monitor the construction of the PUD with respect to start of construction and development phasing. If the Plan Commission, or its designee, finds that either the developer has failed to begin development within the specified time period or that the developer is not proceeding in accordance with the approved development phasing with respect to either timing or construction of an approved mix of project elements, then the Plan Commission shall give written notice to the developer to appear before the Commission upon thirty (30) days to report on the status of the PUD. Upon review of the PUD, the Commission may extend the time for start of construction or the length of time needed to complete a phase, recommend that the developer amend the final development plan subject to the procedures specified in Subsection (k) below or terminate the project and repeal the zone change. When the Commission deems it necessary to terminate the project and repeal the zone change, it shall recommend to the Common Council that the Planned Unit Development District created for such project be nullified and the original zoning classification returned to the land herein. The repeal of the zone change shall subject to the procedures specified in Article N. At the time of such zone change, existing completed or partially completed structures and uses thereon that do not conform to the regulations for the district in which located shall be deemed nonconforming as defined by this Chapter.

(k)

Amendments to Final Development Plan.

(1)

After approval of the final development plan by the Common Council, the developer may seek amendments to the final development plan as recorded, only if difficulties are encountered in constructing the PUD which could not have reasonably been foreseen, such as with terrain or soil conditions or other complications.

(2)

Minor changes in the location, siting and height of buildings and structures may be authorized by the Plan Commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this Subsection may cause any of the following:

a.

A change in the use or character of the development.

b.

An increase in overall coverage of structures.

c.

An increase in the intensity of use.

d.

An increase in the problems of traffic circulation and public utilities.

e.

A reduction in approved open space.

f.

A reduction of off-street parking and loading space.

g.

A reduction in required pavement widths.

(3)

All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open spaces and changes other than listed above must be made by the Common Council after review and recommendation by the Plan Commission subject to the procedures specified in Subsection (d). Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

The development and execution of this Article 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 of 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 Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the Plan Commission in its findings shall further specify the delimiting reason(s) or factors which resulted in issuing limited rather than regular conditional use. Such Plan Commission 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 Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

(b)

Any development within five hundred (500) feet of the existing or proposed rights-of-way of freeways, expressways and within one-half (½) 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 trafficway. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed twenty (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 Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this Chapter.

(d)

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

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 (1) or more of the conditional uses in the zoning district in which such land is located.

(a)

Required Application Materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the City. Such applications shall be forwarded to the Plan Commission on receipt by the Plan Commission. Such applications shall include where applicable:

(1)

A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in Section 13-1-86 hereinafter.

(2)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within one hundred (100) feet.

(3)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(5)

Additional information as may be required by the Plan Commission or other boards, commissions or officers of the City. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this Chapter, including a plan showing contours and soil types; high water mark and ground water 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; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(b)

Plans. In order to secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:

(1)

A plan of the area showing contours, soil types, high water mark, ground water conditions, bedrock, slope and vegetation cover;

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;

(3)

Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging;

(5)

Other pertinent information necessary to determine if the proposed use meets the requirements of this Chapter.

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. Upon receipt of the application and statement referred to in Section 13-1-63 above, 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 Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 Notice under the Wisconsin Statutes in the official City newspaper. 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 one hundred (100) feet of the boundaries of the properties affected, said notice to be sent at least fourteen (14) days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

No application for a conditional use shall be granted by the Plan Commission or granted by the Common Council on appeal unless the following conditions are present:

(a)

That 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.

(b)

That 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.

(c)

That 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.

(d)

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

(e)

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

(f)

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

(g)

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

(h)

That, when applying the above 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.

(i)

That, in addition to passing upon a Conditional Use Permit, the Plan Commission and Council shall also evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution including sedimentation.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

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

When a decision 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 reasons the Commission has used in determining that each standard was not met.

Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the Common Council, if a written request for an appeal is filed within ten (10) days after the date of the Plan Commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least twenty (20) percent of the land area immediately adjacent extending one hundred (100) feet therefrom or by the owners of twenty (20) percent or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land. The request shall be filed with the Zoning Administrator who shall submit it to the Common Council at its next meeting, together with any documents and other data used by the Plan Commission in reaching its decision. The Common Council may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the Common Council elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least ten (10) days before the date of the hearing. The Common Council may either affirm or reverse by a two-thirds (⅔) vote, in whole or in part, the action of the Plan Commission and may finally grant or deny the application for a conditional use permit.

The following provisions shall apply to all conditional uses:

(a)

Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Common Council on appeal, 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 13-1-86 above. In all cases in which conditional uses are granted, the Plan Commission and Common 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:

(1)

Landscaping;

(2)

Type of construction;

(3)

Construction commencement and completion dates;

(4)

Sureties;

(5)

Lighting;

(6)

Fencing;

(7)

Operational control;

(8)

Hours of operation;

(9)

Traffic circulation;

(10)

Deed restrictions;

(11)

Access restrictions;

(12)

Setbacks and yards;

(13)

Type of shore cover;

(14)

Specified sewage disposal and water supply systems;

(15)

Planting screens;

(16)

Piers and docks;

(17)

Increased parking; or

(18)

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

(b)

Site Review. In making its decision, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission may 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.

(c)

Alteration of Conditional Use. No alteration of a conditional use shall be permitted unless approved by the Plan Commission.

(d)

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

(e)

Sloped Sites; Unsuitable Soils. Where slopes exceed six (6) percent and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site 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.

(f)

Conditional Uses to Comply with Other Requirements. Conditional uses shall comply with all other provisions of this Chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.

Where the Plan Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within twelve (12) months of the date of the Commission'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 (6) months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately forty-five (45) days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Plan Commission may extend such permit for a period of ninety (90) days for justifiable cause, if application is made to the City at least thirty (30) days before the expiration of said permit.

The Plan Commission 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 Code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one (1) or more of the standards set forth in Section 13-1-86 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in Section 13-1-85 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in Section 13-1-86 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in Section 13-1-89. Additionally, the offending party may be subjected to a forfeiture as set forth in this Chapter and Section 1-1-7. In the event that no reasonable modification of such conditional use can be made in order to assure that Standards (a) and (b) in Section 13-1-86 will be met, the Plan Commission 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 Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this Section may be taken to the Common Council. A vote to approve the appeal requires a two-thirds (⅔) vote of the Common Council.

(a)

As Conditional Use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in Residence Districts pursuant to the requirements of this Article.

(b)

Definitions.

(1)

Bed and Breakfast Establishment. Any place of lodging that provides six (6) or fewer rooms for rent for more than ten (10) nights in a twelve-month period, is the owner's personal residence, is occupied by the owner or agent at the time of rental and in which the only meal served to guests is breakfast.

(2)

Agent. The person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the Zoning Administrator upon issuance of the permit and updated five (5) days prior to a designated agent taking charge.

(c)

Regulations.

(1)

Compliance with State Standards. All bed and breakfast establishments and licensees shall be subject to and comply with Ch. HFS 197, Wis. Adm. Code, relating to bed and breakfast establishments or Ch. HFS 195, Wis. Adm. Code, relating to hotels, motels and tourist rooming houses.

(2)

Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a City representative for a period of not less than one (1) year.

(d)

Permit Required.

(1)

City Permit Required. In addition to the permit required by Ch. HSS 195 or HSS 197, Wis. Adm. Code, before opening for business every bed and breakfast establishment shall obtain a conditional use permit pursuant to this Article.

(2)

Application Requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this Article:

a.

Site plan showing location and size of buildings, parking areas and signs.

b.

Number, surfacing and size of parking stalls.

c.

Number, size and lighting of signs.

(3)

Display of Permit. The permit issued by the Zoning Administrator shall be conspicuously displayed in the bed and breakfast establishment.

(e)

Off-Street Parking Required. Permits shall be issued only to those establishments that provide a minimum of one (1) improved off-street parking space for each room offered for occupancy, plus two (2) additional parking spaces for the owner. Establishments otherwise qualifying under this Section regulating bed and breakfast establishments shall not be subject to the other requirements of the Zoning Code with respect to traffic, parking and access.

(f)

On-site Signs. Total signage shall be limited to a total of twelve (12) square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this Section regulating bed and breakfast establishments shall not be subject to the requirements of this Zoning Code with respect to signs.

(g)

Finding of Fact. Bed and breakfast establishments are allowed as a conditional use in residential and commercial districts provided a public hearing is held by the Plan Commission resulting in a finding that:

(1)

The proposed bed and breakfast establishment will not be injurious to the neighborhood or detrimental to the public welfare.

(2)

Traffic conditions in the neighborhood will not be adversely impacted by access to the property, traffic generated by the use or any other aspects of the proposal.

(3)

The standards of this Section and other applicable City ordinances are complied with.

(h)

Protest. In the event that a duly signed and acknowledged protest is filed by twenty (20) percent or more of the owners of the area immediately adjacent to the proposed use extending one hundred (100) feet, therefrom, or by the owners of twenty (20) percent or more of the land directly opposite thereto and extending one hundred (100) feet from the street frontage of such opposite land, the conditional use shall not be permitted except by favorable vote of three-fourths (¾) of the members of the Plan Commission.

(i)

Termination of Permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection (c) above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this Section, or of State of Wisconsin regulations as set forth in Ch. HSS 195 or HSS 197, Wis. Adm. Code, or if the use ceases for twelve (12) months, or as above provided.

(a)

Intent. The intent of this Section is to provide a means to accommodate a small family business without the necessity of a rezoning into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this Section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

(b)

Restrictions on Permitted Home Occupations. Home occupations meeting the requirements of this Subsection are a permitted use in all Residential Districts and are subject to the requirements of the District in which the use is located, in addition to the following requirements:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.

(2)

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

(3)

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

(4)

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(5)

Only one (1) sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated.

(6)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(7)

A permitted home occupation is restricted to a service-oriented business prohibiting the manufacturing of items or products or the sale of items or products on the premises.

(8)

A permitted home occupation shall not occupy more than thirty (30) percent of the floor area of the dwelling.

(9)

Persons employed by a permitted home occupation shall be limited to resident family members and no more than one (1) nonresident employee.

(c)

Conditional Use Home Occupations.

(1)

The Plan Commission may approve home occupations in Residential Districts which do not meet the standards in Subsection (b) as conditional uses. The standards in Sections 13-1-86 and 13-1-89 shall be applicable.

(2)

The types and number of equipment or machinery may be restricted by the Plan Commission.

(3)

Sale or transfer of the property or expansion of the home occupation shall cause the Conditional Use Permit to be null and void.

(Ord. No. 2016-13, 11-1-16)

(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 this Chapter may be continued although the use does not conform with the provisions of this Chapter. 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 Chapter.

(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 Chapter; provided 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 twelve (12) months, any future use of the structure or land shall conform to the provisions of this Chapter.

(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 fifty (50) percent of its fair market value, the same may be rebuilt; but where such a building is destroyed to the extent of more than fifty (50) percent of its fair market value, a permit may be granted for its reconstruction within twelve (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 this Chapter 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 Chapter. 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 Chapter.

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.

The lawful nonconforming structure shall be required to conform and meet the zoning requirements for the closest same use district to which the use would be permitted. To this effect, and as an example, should a commercial business be located in a residential area as an existing nonconforming use, the business use and structure shall be required to comply with the commercial zoning requirements of the closest commercial district to which it is located.

(Ord. No. 2017-10, § I, 4-18-17)

(a)

Vision Setback at Intersections of Public Streets.

(1)

Where two (2) public streets intersect at grade level, the intersection shall be day-lighted by excluding all buildings, structures and other obstructions to view; including shrubbery and trees (except highway and street signs) from the triangles adjacent to the intersection described as follows:

Bounded on two (2) sides by the centerline of the intersecting streets and on the third side by a line drawn so as to intersect the street boundaries at points one hundred (100) feet distant from the point of intersection of the street centerline at the corner.

(2)

In situations where trees of large diameter, large numbers of trees, or some combination of these are present, this provision shall be construed to mean that a sufficient number of trees shall be removed so as to render an object such as a motor vehicle clearly visible across the vision clearance triangle from one (1) street or road to another, the intent being to provide for the public safety; but it shall not necessarily be construed to mean that every tree in the vision clearance triangle must be removed.

(b)

Exception. 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 one hundred fifteen (115) feet.

(Ord. No. 1062, § 1, 6-12-07)

(a)

Loading Space Requirements. On every lot on which a new business, commercial or industrial use is hereafter established, loading space with access to a public street or alley shall be provided as indicated below 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 (1) 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 thirty (30) feet of the nearest point of intersection of two (2) streets or require any vehicle to back into a public street.

(d)

Surfacing. All open off-street loading berths shall be improved with a compacted gravel base, not less than seven (7) inches thick, surfaced with not less than two (2) inches of asphalt or treated with some comparable all-weather dustless material.

(e)

Size. An individual loading space shall be at least fifteen (15) feet wide by seventy (70) feet long and have a minimum high clearance of sixteen (16) feet.

(f)

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.

(g)

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 three hundred (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 (7) feet in width and have a clearance of not less than seven (7) feet.

(h)

Storage and Advertising.

(1)

Storage. A truck or semi-trailer, or part thereof, may be utilized for the purpose of permanent storage of goods and materials in nonresidential zoned districts. Any hazardous chemicals/materials shall be included on the MSDS sheet provided to the Oconto Fire Department.

(2)

Advertising. No truck or semi-trailer, or part thereof, shall be used for the purpose of advertising or promotion within the City of Oconto.

(Ord. No. 2017-21, § I, 7-11-17)

The off-street parking provisions of this Chapter shall apply to all buildings and structures and accessory parking shall be according to the provisions of this Article; where an intensity of the of the use of any building structure or premises shall be increased, additional parking to match the increased intensity of use shall be provided; or wherever an existing building or structure is converted to a new use, parking shall be provided according to the requirements of the new use. All new nonresidential parking lots and all alterations of existing lots shall be accompanied with detailed plans on landscaping, parking layout, drainage provision and driveway locations. In all districts, 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:

(a)

Access. Each off-street parking space shall open directly upon an aisle or driveway designed to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

(b)

Design Standards. Each parking space shall not be less than one hundred eighty (180) square feet in area, eighteen (18) feet in length and ten (10) feet in width, exclusive of aisles and access drives. No parking area of more than two (2) spaces shall be designed as to require any vehicle to back into a public street. Any parking area of more than five (5) 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.

(c)

Location.

(1)

All parking spaces required herein shall be located on the same lot with the building or use served, or may be located not to exceed four hundred (400) feet from the principal use.

(2)

Off-street parking is permitted in all yards of all districts except in the nondriveway front yards of single-family and two-family residence districts but shall not be closer than zero (0) feet to a nonresidential side lot line or rear lot line or closer than fifteen (15) feet to a right-of-way. No parking space or driveway, except in residential districts, shall be closer than twenty-five (25) feet to a residential district lot line.

(3)

Off-street parking in the single-family and two-family residence districts is permitted in the front yard area, in a driveway or an established, approved parking area, even though closer than five (5) feet to a side lot line providing the driveway or parking area conforms to the requirements in Sections 6-3-1 and 6-3-2 of this Code of Ordinances.

(d)

Surfacing. All off-street parking area, excluding parking spaces accessory to a single-family dwelling, shall be surfaced with a dustless all weather material capable of carrying a wheel load of four thousand (4,000) pounds. This would typically include a two-inch blacktop on a four-inch base or five (5) inches of Portland cement. For a limited period not greater than two (2) years, this surface could temporarily consist of compacted crushed stone or gravel. Any parking area greater than four (4) vehicles shall have the aisles and spaces clearly marked.

(e)

Landscaping.

(1)

Accessory Landscape Area. All public and private off-street parking areas which serve four (4) vehicles or more, are located within fifteen (15) feet of any lot line or public right-of-way and are created or redesigned and rebuilt subsequent to the adoption of this Code shall be provided with accessory landscape areas totaling not less than ten (10) percent of the surfaced area. The minimum size of each landscape area shall not be less than one hundred (100) square feet.

(2)

Location. Location of landscape areas, plant materials and protection afforded the plantings, including curbing and provision for maintenance by the property owner, shall be subject to approval by the Zoning Administrator.

(3)

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.

(4)

Special residential requirements. Those parking areas for five (5) 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 four (4) feet. Where a solidly constructed decorative fence is provided along the interior lot line, the minimum setback for the parking area shall be five (5) feet from said lot line. Said fence shall be located a minimum of one (1) foot from the said lot line.

(5)

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.

(6)

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from adjacent properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed three (3) footcandles measured at the lot line.

(7)

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)

Curbs. Curbs or barriers shall be installed a minimum of four (4) feet from a property line so as to prevent the parked vehicles from extending over any lot lines.

(g)

Number of Stalls. Number of parking stalls required are shown in the following table:

(h)

Uses Not Listed. In the case of structures or uses not mentioned, the provision for a use which is similar shall apply, as determined by the Plan Commission.

(i)

Computing Requirements. In computing the number of spaces required, the following rules shall govern:

(1)

Floor space shall mean the gross floor area of the specific use.

(2)

For structures containing more than one (1) use, the required number of spaces shall be computed by adding the space required for each use.

(3)

Where parking spaces are calculated according to the use of the parcel.

(j)

Combined Uses. Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. Two (2) 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. The following conditions must be met for any joint use:

(1)

The proposed joint parking space is within five hundred (500) feet of the use it will serve.

(2)

The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed.

(3)

A properly drawn legal instrument approved by the Common Council, executed by the parties concerned, for joint use of off-street parking facilities shall be filed with the City Clerk. Said instrument may be a three-party agreement, including the City and all private parties involved. Such instrument shall first be approved by the City Attorney.

(k)

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 hereby adopted by reference and made applicable to all parking facilities whenever constructed.

(l)

Changes in Buildings or Use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of twenty-five (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 fifty (50) percent or more in the floor area, said building or use shall then comply with the parking requirements set forth in the district in which it is located.

(m)

Off-Lot Parking.

(1)

Required off-street parking spaces shall be located on the same lot with the principal use, or such parking spaces may be located off-lot provided the parking spaces are located in the same district and not over five hundred (500) feet from the principal use. In cases where off-street parking facilities are permitted on land other than the same lot as the principal use, such facilities shall be in the same possession as the lot occupied by the use to which the parking facilities are necessary or in the possession of the controller of the principal use to which the parking facilities are accessory. Such possession shall be by deed whereby the owner of the land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the Office of the Oconto County Register of Deeds requiring such owner, his heirs or assigns to maintain the required facilities for the duration of the use served.

(2)

Off-lot parking spaces for residential uses shall be within two hundred fifty (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 four hundred (400) feet of the entrance of the establishment.

(3)

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.

(4)

All off-street parking lots adjoining lots zoned for residential use shall have a minimum setback of ten (10) feet from any interior lot line, except if the adjoining lot is used for legally conforming parking purposes.

(n)

Signs. Signs located in parking areas necessary for orderly operation of traffic movement shall be permitted in addition to others permitted in this Chapter.

(o)

Reduction of Parking Areas. Off-street parking spaces shall not be reduced in number unless said number exceeds the requirement set forth herein.

(Ord. No. 1033, § 1, 8-10-04; Ord. No. 1061, § 1, 6-12-07; Ord. No. 2017-16, § I, 6-13-17; Ord. No. 2018-05, § I, 5-8-18)

(a)

Highway Access. 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 one thousand five hundred (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 one hundred (100) feet of the intersection of an arterial 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 above specified streets or highways.

(c)

Temporary access to the above 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 twelve (12) months.

(a)

Where Permitted. Unless the district regulations provide otherwise, off-street vehicle parking is permitted in the following yards of property in a residentially zoned district:

(1)

A rear yard.

(2)

A side yard not adjoining a street.

(3)

A front yard, but only on one (1) paved or graveled driveway not exceeding twenty-four (24) feet in width and for not more than three (3) vehicles parked not nearer than five (5) feet to a front property line or three (3) feet to a side lot line.

(b)

Regardless of the provisions of Subsection (a) above, the Common Council may permit off-street vehicle parking in any yard of a residential development where the overall housing plan and design for such development, in the judgment of the Common Council, is substantially improved thereby, as compared to where off-street parking is limited by Subsection (a) above, and where sole access from such development is to local and collector streets. In this Subsection, "substantially improved" means a substantial increase in the value of the property. Such permission shall be granted only after a conditional use proceeding under Article E of this Code of Ordinances. No such permission shall be granted for any residential development which is adjacent to either a public right-of-way or other residences unless sufficient and suitable screening is provided so as to prevent, to as great a degree as practicable, direct view of such off-street parking areas from such adjacent areas.

(c)

Vehicle Limitations.

(1)

In a residential district, accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees and not more than two (2) trucks limited to one-ton capacity.

(2)

Only two (2) vehicles licensed as trucks may be parked on a residential lot. Such vehicles are limited in size to a maximum of one-ton capacity.

(3)

All vehicles parked on a residential lot shall be in condition for safe and effective performance of the function for which they are designed.

(4)

All motor vehicles parked on a residential lot shall display current license plates.

This Article shall be known as the "Sign Ordinance" of the City.

(Ord. No. 1109, § 1, 4-13-10)

(a)

The purpose of this Article is to regulate, administer and enforce outdoor sign advertising and display within the City. This Article recognizes the need to protect the safety and welfare of the public and the need for well maintained and attractive sign displays within the community, and the need for adequate business identification, advertising and communication.

(b)

This Article further intends to protect and enhance the historical and cultural role of the City. Given the unique attributes of the City and the extensive investment made in revitalizing the Downtown District, a significant degree of regulation over the aesthetic nature of signs in this district is considered an important public interest. The Downtown District philosophy combines historic preservation with development to establish a thriving and aesthetically pleasing business center that strengthens the economic vitality and values of the community. To achieve this purpose, while permitting latitude for creative and effective advertising, the Sign Review Committee shall strive for aesthetically pleasing and functionally purposeful signs in the Downtown District.

(c)

This Article authorizes the use of signs visible from public rights-of-way, provided that the signs are:

(1)

Compatible with zoning regulations;

(2)

Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety;

(3)

Legible, readable and visible in the circumstances in which they are used; and

(4)

Respectful of the reasonable rights of other advertisers whose messages are displayed.

(Ord. No. 1109, § 1, 4-13-10)

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

Abandoned Sign means a sign that no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere.

Area of Copy means the entire area within a single, continuous perimeter composed of squares or rectangles that encloses the extreme limits of advertising message, announcement or decoration of a wall sign.

Area of Sign means the area of the largest single face of the sign within a perimeter that forms the outside shape, but excluding the necessary supports or uprights on which the signs may be placed. If the sign consists of more than one (1) section or module, all areas will be totaled. Any irregular shaped sign area shall be computed using the actual sign face surface. In the case of wall signs, the area of copy will be used.

Awning means a roof-like covering, usually of canvas, stretched over a frame to provide shelter from the weather.

Awning Sign means any sign attached to or constructed in, on, or under an awning.

Banner means any sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions, or symbolic flags of any institution or business shall not be considered banners. Banners are classified as a temporary sign.

Billboard. See Off-Premises Signs.

Building Facia means that portion of a building that is parallel or nearly parallel to the abutting roadway.

Business Identification Sign means any sign that promotes the name and type of business only on the premises where it is located.

Canopy means a roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground and erected primarily to provide shelter from the weather.

Canopy Sign means any sign attached to or constructed in, on, or under a canopy or marquee.

Changeable Message Sign means a sign such as a manual, electronic or electric controlled time and temperature sign, message center or reader board, whether electronic, electric or manual, where copy changes. Any sign may be, or include as part of it, a changeable message sign.

Commercial Copy means a sign carrying a message or expression related solely to the speaker and/or its audience.

Copy Area means the geometric area in square feet that encloses the actual copy of the sign.

Directional Sign means any sign which serves to designate the location or direction of any place or area, signs pertaining to natural wonders, scenic and historical attractions, and signs relating to community activities and events.

Directly Illuminated Sign means any sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.

Double-Faced Sign means a sign with copy on two (2) parallel faces that are back to back, facing in opposite directions.

Electric Sign means any sign containing internal electrical wiring which is attached, or intended to be attached, to an electrical energy source.

Electric Sign Contractor means a person, partnership or corporation which, in the normal course of business, frequently installs and maintains electric signs.

Electronic Message Sign means a changeable message sign whose message is electronically activated, such as with light bulbs or mechanical flip discs. This also includes traveling or segmented message displays.

Flashing Sign means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source, not including changeable message signs.

Freestanding and Ground Sign mean a sign erected on one (1) or more freestanding supports or uprights and not attached to any building.

Freeway means a divided trafficway in respect to which abutting property owners and others have only limited access to and from as determined by the public authority having jurisdiction over such trafficway.

Freeway Oriented Sign means any sign located with the sign positioned for primary reading from the freeway.

Frontage means the length of the property line of any one (1) premises parallel to and along each public right-of-way it borders. Such public right-of-way may be known as a frontage road.

Grade means the elevation or level of the street closest to the sign to which reference is made, measured at the street's centerline.

Gross Area means the area of a sign determined by using the outside perimeter dimensions of the sign. If the sign consists of more than one (1) module or section, their areas will be totaled. If the modules are formed in the shape of letters or symbols, the rules for area of copy apply.

Ground Sign or Pole Sign means a sign erected on one (1) or more freestanding supports or uprights and not attached to any building (also referred to as "freestanding sign").

Height of Sign means the vertical distance measured from the grade at the street right-of-way line where the sign is located to the highest point of such sign.

Identification Sign means any sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or combination of these.

Legal Nonconforming Sign means a nonconforming sign that did meet code regulations when it was originally installed (also known as "nonconforming sign").

Marquee means a roof-like structure of a permanent nature which projects from the wall of a building.

Marquee Sign means any sign attached to or constructed in, on, or under a marquee.

Nonconforming Sign means a sign that does not meet code regulations.

Multi-Tenant Building means a building with more than two (2) business or occupation units.

Off-Premises Sign means a sign which advertises goods, products, facilities, events or services not necessarily on the premises where the sign is located, or directs persons to a different location from where the sign is located.

On-Premises Sign means a sign identifying or advertising a business, person, activity, goods, products or services located on a premises where the sign is installed and maintained.

Painted Wall Signs means signs painted directly onto a building wall.

Portable Sign means any sign not permanently attached to the ground or a building.

Projecting Sign means a sign, normally double-faced, which is attached to, and projects from, a structure or building facia. No such signs shall project more than four (4) feet from the structure or building facia. Awning, canopy and marquee signs shall not be considered as projecting signs.

Real Estate Sign means any sign which is used to offer for sale, lease, or rent the property upon which the sign is placed

Roof Sign means a sign erected upon, against or above a roof.

Sandwich Sign means a portable sign which is generally temporary in nature and which is freestanding.

Sign means any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs shall also include all sign structures.

Sign Contractor means any person, partnership or corporation engaged, in whole or in part, in the erection or maintenance of signs, excluding the business which the sign advertises.

Sign Inspector means the person(s) charged with the responsibility to see that signage in the community is installed and maintained in compliance with this Article (also known as the "Building Inspector").

Sign Structure means any device or material which supports, has supported, or is capable of supporting, a sign in a stationary position, including decorative covers.

Swinging Sign means a sign installed on an arm or mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.

Temporary Sign means a banner, pennant, poster or advertising display that is not permanently attached to a building or the ground and which is intended to be displayed for a limited period of time only.

Wall Sign means a sign attached to the wall of a building with the face in a parallel plane to the plane of the building wall and does not project more than two (2) feet higher than the average building wall height to which such sign is attached (this would include a parapet wall).

Window Sign means a sign installed on or near a window for purposes of viewing from outside the premises.

Zoning Districts means as follows:

R-1 Single-Family Residential District

R-2 Residential District

R-3 Multifamily Residential District

R-MH Mobile Home Park District

CH Highway Commercial District

CD Downtown Commercial District

CG General Commercial District

IL Light Industrial District

IG General Industrial District

I-3 Industrial Park District

RD Rural Development District

C-1 Conservancy District

REC Recreational District

R-B1 Single-Family Residential District (Bayshore Road)

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2024-09, § I, 10-15-24)

Cross reference— Zoning districts, § 13-1-40 et seq.

(a)

Permits Required. It shall be unlawful for any person to erect, construct, enlarge or structurally modify a sign, or cause the same to be done in the City, without first obtaining a sign permit for each such sign from the Sign Inspector as required by this Article. Permits shall not be required for a change of copy on any sign, nor for the repainting, cleaning, and other normal maintenance and repair of the sign and sign structure.

(b)

Application for a Permit. A Sign Permit Application shall be provided, and revised as necessary, by the City Building Inspector, and shall contain such information therein set forth.

(c)

Permit Fees. Application for permit shall be filed with the Sign Inspector together with such fee therefore as stated in the permit fee schedule. Such fee may include inspection fees, late fees and fees for expedited process.

(d)

Permit Issuance and Denial. The Sign Inspector shall issue a permit for the erection, structural alteration, enlargement or relocation of a sign within the City when the permit application is properly made, all appropriate fees have been paid, and the sign complies with the appropriate laws and regulations of the City. If the sign permit is denied by the Sign Inspector, he shall give written notice of the denial to the applicant, together with a brief statement of the reasons for the denial, along with the return of all permit fees and papers.

(e)

Sign Permit Appeal.

(1)

In the event of a sign permit denial due to the requirements in this Section contained causing undue or unnecessary hardship on any person, firm or corporation, a variance from requirements may be applied for to the Board of Appeals, accompanied with such fee as determined by resolution of the Common Council. Such fee may include late fees or fees for expedited process. An application for variance must be made within ten (10) days after receipt of notice that the sign involved does not conform to this Article, and no less than fifteen (15) calendar days before a scheduled Board of Appeals meeting. If the appeal is not made in writing to the Board of Appeals within such ten-day period, a variance may not be granted. The Board of Appeals is to take action on any variance request within sixty (60) days of receipt of the variance application. The Sign Inspector shall comply with and enforce the Board of Appeals decision.

(2)

The Sign Inspector's failure to either formally grant or deny a sign permit within seven (7) days of the date an application meeting the requirements of this Article is filed shall be cause for appeal to the Board of Public Works.

(f)

Indemnification for Sign Installation and Maintenance. All persons engaged in the business of installing or maintaining signs which involves, in whole or in part, the erection, alteration, relocation, maintenance of a sign or other sign work in, over or immediately adjacent to a public right-of-way, or public property is used or encroached upon by the sign contractor, shall agree to hold harmless and indemnify the City, its officers, agents and employees from any and all claims of negligence resulting from the erection, alteration, relocation, maintenance of this sign or any other sign work insofar as this Article has not specifically directed the placement of the sign.

(g)

Insurance. Every sign installer shall file with the Sign Inspector a certificate of insurance indicating the applicant holds a public liability and property damage specifically to include the hold harmless with bodily limits of at least five hundred thousand dollars ($500,000.00) per occurrence, and five hundred thousand dollars ($500,000.00) aggregate, and property damage insurance of at least one hundred thousand dollars ($100,000.00) per occurrence, and one hundred thousand dollars ($100,000.00) aggregate. Such insurance shall not be canceled or reduced without the insured first giving thirty (30) days' notice in writing to the City of such cancellation or reduction.

(h)

Remedies. Violation or failure to comply with the provisions of this Article shall be and hereby is declared to be unlawful.

(1)

Any sign erected, altered, moved or structurally modified without a permit, or altered with a permit but in violation with the provisions of this Article, shall be removed at the owner's expense or brought into compliance within thirty (30) days of written notification by the Sign Inspector. If the violation is failure to obtain a permit, a permit fee shall be required, and the permit fee shall be five (5) times the normal fees. If the owner does not remove or bring into compliance, the Sign Inspector may order removal, the expenses of which will be assessed to the tax roll of the property on which the noncomplying sign is located.

(2)

This Section shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this Article. If the owner does not remove or bring into compliance, the Sign Inspector may order the sign removed. If such sign is not removed by the owner within the time period specified, the City may cause removal, with the owner being responsible for all costs. These expenses will be assessed to the tax roll of the property on which the noncomplying sign is located.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2014-07(b), § II, 5-13-14; Ord. No. 2017-01, §§ I, II, 1-17-17)

(a)

Existing Nonconformance Signs. Any legal existing sign at the enactment of this Ordinance shall be considered legal nonconformance and shall be allowed to remain subject to the following.

(b)

Signs Eligible for Characterization as Legal Nonconforming. Any sign located within the City limits as of the date of adoption of the ordinance from which this Article is derived, or located in an area annexed to the City hereafter, which does not conform with the provisions of this Article, is eligible for characterization as a legal nonconforming sign and is permitted providing it also meets the following requirements:

(1)

The sign was covered by a proper sign permit prior to the date of adoption of the ordinance from which this Article is derived.

(2)

If no permit was required under applicable law for the sign in question and the sign was in all respects in compliance with applicable law on the date of adoption of the ordinance from which this Article is derived.

(c)

Loss of Legal Nonconforming Status. A sign loses its nonconforming status if one (1) or more of the following occurs:

(1)

The sign is structurally altered in any way, except for normal maintenance or repair, which tends to or makes the sign less in compliance with requirements of this Article than it was before alteration.

(2)

The sign is relocated; however, relocation of a sign pursuant to the exercise or the threat of exercise of eminent domain by a governmental authority shall not cause a legal nonconforming sign to lose such status provided the sign is relocated to an area on the same tax parcel and as close as practicable to the original site acquired by said government action.

(3)

The sign fails to conform to this Article regarding maintenance and repair, abandonment, or dangerous or defective signs.

(d)

Legal Nonconforming Sign Maintenance and Repair. Nothing in this Article shall relieve the owner or user of a legal nonconforming sign or the owner of the property in which the sign is located from the provisions of this Article regarding safety, maintenance and repair of signs. If the cost of such repair and maintenance exceeds fifty (50) percent of the replacement cost value new of a nonconforming sign, a sign permit shall be applied for and the sign shall be made to conform to this Article or removed.

(Ord. No. 1109, § 1, 4-13-10)

(a)

Maintenance and Repair.

(1)

Every sign including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting (except when a weathered or natural surface is intended), repainting, cleaning and other acts required for the maintenance of such sign.

(2)

The Sign Inspector shall require compliance with all standards of this Article. If the sign is not modified to comply with safety standards outlined in this Article, the Sign Inspector shall require its removal in accordance with this Section.

(b)

Abandoned Signs. All signs or sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertises is no longer conducted or, for an off-premises sign, when lease payment and rental income are no longer provided. If the owner or lessee fails to remove the sign, the Sign Inspector shall give the owner sixty (60) days' written notice to remove such sign. Upon failure to comply with this notice, the City may cause removal to be executed, the expenses of which will be assessed to the tax roll of the property on which the abandoned sign is located.

(c)

Deteriorated or Dilapidated Signs. The Sign Inspector shall cause to be removed any deteriorated or dilapidated sign under the provisions of Wis. Stats. § 66.05.

(Ord. No. 1109, § 1, 4-13-10)

The City Building Inspector is designated as Sign Inspector hereunder to enforce the provisions of this Article. The Sign Inspector shall examine all applications for permits for the erection of signs, issue permits and denials, authorize the continued use of signs which conform with the requirements of this code, record and file all applications for permits with any accompanying plans and documents, make inspections of signs in the City, and make such reports as the City may require.

(Ord. No. 1109, § 1, 4-13-10)

The following signs shall be prohibited within the City:

(1)

Abandoned signs.

(2)

Signs which bear or contain statements, words or pictures of obscene, pornographic or immoral subjects.

(3)

Signs which are an imitation of, or resemble in shape, size, copy or color, an official traffic sign.

(4)

Unclassified signs. The following signs are prohibited:

a.

Floodlighted signs (unless lights are so shielded as to not allow view of the actual light source from any City street or residential neighborhood).

b.

Signs which bear or contain statements, words or pictures of obscene, pornographic or immoral subjects.

c.

Signs which are an imitation of, or resemble in shape, size, copy or color, an official traffic sign.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2017-01, §§ III, IV, 1-17-17)

Signs not requiring a permit are as follows:

(1)

Construction Signs. Two (2) construction signs per construction site, not exceeding one hundred (100) square feet in area each, shall be confined to the site of construction and shall be removed thirty (30) days after completion of construction or prior to occupancy, whichever is sooner.

(2)

Direction Nonelectric Signs. Direction nonelectric signs which provide direction and are located entirely on a property to which they pertain and do not exceed eight (8) square feet each in area, of which not more than twenty-five (25) percent of such sign includes advertising of the business. This includes, but is not limited to, such signs as those identifying restrooms, telephone, parking areas, entrances and exits.

(3)

Nonilluminated Emblems or Insignia. Nonilluminated emblems or insignia of any nation or political subdivision, profit or nonprofit organization.

(4)

Government Signs. Government signs for control of traffic and other regulatory purposes, danger signs, railroad crossing signs, and signs of public utilities indicating danger, and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty.

(5)

House Numbers and Nameplates.

(6)

Interior Signs. Signs located within the interior of any building or structure. This does not, however, exempt such signs from the structural, electrical or material specifications of this Article.

(7)

Memorial Signs and Plaques. Memorial signs or plaques, names of buildings and date of erection, which are cut into masonry surface or inlaid so as to be part of a building, or when constructed of bronze or other noncombustible material not more than four (4) square feet in area.

(8)

No Trespassing or No Dumping Signs. No trespassing and no dumping signs not to exceed one and one-half (1½) square feet in area per sign.

(9)

Public Notices. Official notices posted by public officers or employers in the performance of their duties.

(10)

Public Signs. Signs required as specifically authorized for a public purpose by any law, statute or ordinance.

(11)

Political and Campaign Signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots, provided that such signs are subject to the following regulations:

a.

Such signs may be erected only upon private property.

b.

The person or organization responsible for the erection or distribution of any such sign, or the owner, or his agent, of the property upon which the signs may be located, shall be responsible for removal and disposal of such signs pursuant to the provisions of this Section.

c.

Such signs may not be erected more than ninety (90) days prior to the primary, special, or general election to which they are pertinent.

d.

Such signs shall be removed within thirty (30) days after the primary, special or general election to which they are pertinent.

e.

Each sign, except billboards, shall not exceed thirty-two (32) square feet in nonresidential zoning districts and sixteen (16) square feet in residential zoning districts.

f.

No sign shall be placed upon a building or a zoning lot that will create a traffic or safety hazard. The City Police Department shall be primarily responsible for determining safety and traffic factors of such sign. If determined that any signage is a traffic and/or safety factor, the City Police Department shall have the authority to remove such signage.

(12)

Real Estate Signs. One (1) real estate sales sign on any lot or parcel, or two (2) signs per corner lot, provided that such sign is located entirely within the property to which the sign applies and is not directly illuminated.

a.

In residential districts, such signs shall not exceed six (6) square feet in area and shall be removed within thirty (30) days after the sale, rental or lease has been accomplished.

b.

In all other districts, such signs shall not exceed thirty-two (32) square feet in area and shall be removed within thirty (30) days after the sale, rental or lease has been accomplished.

(13)

Temporary Window Signs.

(14)

On-Premises Symbols or Insignia. Religious symbols, commemorative plaques or recognized historic agencies, or identification emblems of religious orders or historic agencies.

(15)

On-Premises and Off-Premises Temporary Signs. Temporary signs not exceeding thirty-two (32) square feet in area pertaining to drives or events of civic, philanthropic, educational, religious organizations, provided that such signs are posted not more than thirty (30) days before such event and removed within three (3) days after the event. All such signs shall meet all other provisions of this Article and all zoning code setback requirements.

(16)

Vehicular Signs. Truck, bus, trailer or other vehicle, while operating in the normal course of business, which is not primarily the display of signs.

(17)

Neighborhood Identification Signs. In any zone, a sign, masonry wall, landscaping, or other similar material and feature may be combined to form a display for neighborhood, apartment or subdivision identification, provided that the legend of such sign or display shall consist only of the neighborhood, apartment or subdivision name.

(18)

Sandwich Board Signs under the following conditions:

a.

Sandwich board signs shall be no greater than three (3) feet by three (3) feet on a side, with a maximum of two (2) sides or faces.

b.

Sandwich board signs shall not be illuminated in any fashion.

c.

All sandwich board signs shall be stationary, freestanding, self-supportive, and constructed of substantial materials so as to withstand moderate wind velocity and otherwise not create a hazard.

d.

Sandwich board signs shall be neat in appearance, constructed of finished all-weather materials and kept well maintained.

e.

Sandwich board signs shall not be secured, tethered, installed, or propped up against any utility pole, traffic device, utility equipment, street trees, street furniture, streetlights, parking meters, or other public fixtures.

f.

A maximum number of one (1) sandwich board sign per business may be displayed. The sandwich board sign shall only be displayed when the business or organization to which the sign refers is open for business. All sandwich board signs shall be removed at the end of business operations and stored within the interior of the building at the close of each business day.

g.

Sandwich board signs shall be placed at grade level and shall not create any vision or other hazard for the public. In no event shall it impede the movement of pedestrians.

h.

No sandwich board sign shall be displayed within the entryway or exit that is required to remain unobstructed by any applicable ordinance, state or federal law.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2021-06, § I, 5-11-21)

(a)

All signs shall comply with the provisions of the City building ordinance.

(b)

All ground sign structures shall be self-supporting structures and permanently attached to sufficient foundations.

(c)

Electrical service to ground signs shall be concealed wherever possible.

(d)

All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows, with correct engineering adjustments for the height of the sign above grade:

(1)

For solid signs, thirty (30) pounds per square foot on the largest face of the sign and structure.

(2)

For skeleton signs, thirty (30) pounds per square foot of the total face cover of the letters and other sign surfaces, or ten (10) pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2017-01, § V, 1-17-17)

(a)

Safety. All signs shall be installed and maintained in a workmanlike manner using equipment which is adequate and safe for the task. This Article recognizes that one (1) of the greatest perils to public safety is improper performance of sign contractors in the use of inadequate equipment. As such, the Sign Inspector may deny a sign permit if the sign contractor does not have or does not arrange for use of adequate equipment. The Sign Inspector may also cite the sign contractor for a violation of this Article if he fails to use proper equipment in the maintenance of signs.

(b)

Electric Signs. This Article recognizes that electric signs are controlled under the special equipment provisions of the City electrical ordinance. It also recognizes that electric sign contractors have developed a specialized trade of high voltage discharge electric sign installation and maintenance to properly install and service high voltage electric signs. Electric sign contractors and their employees are herein authorized to perform the following specific tasks:

(1)

Install exterior electric signs, ballasts or high voltage transformers to sockets or outline lighting tubes, and may connect such signs to primary branch circuit, if such circuit already exists outside of the building.

(2)

Install interior electric signs, but may not connect such signs to the primary branch circuit.

(3)

Maintain and replace any electric component within the sign, on its surface, or between the sign and building for exterior signs only. This Article prohibits the electric sign contractor or its employees from performing work on electric signs in contradiction to the National Electrical Code or the City electrical ordinance.

(Ord. No. 1109, § 1, 4-13-10)

(a)

A ground sign, any part of which is closer than ten (10) feet to the right-of-way, shall have a minimum vertical distance of ten (10) feet between the bottom of the sign and the grade at the right-of-way line or shall not be more than three (3) feet in height.

(b)

All other signs (i.e., awning, canopy and marquee) shall maintain a minimum vertical distance between the bottom of the sign and the grade at the right-of-way line of eight (8) feet.

(c)

The gross area of permanent window signs shall not exceed fifty (50) percent of the total window area, and shall not be placed on door windows or other windows needed to be clear for pedestrian safety and security purposes.

(d)

Any sign location that is accessible to vehicles shall have a minimum vertical clearance of sixteen (16) feet.

(e)

No sign facing a residential district shall be closer than twenty-five (25) feet to that district line.

(f)

Off-premises signs facing a residentially zoned district shall not be closer than one hundred (100) feet to such zoning district. Off-premises signs not facing a residential zone shall not be closer than fifty (50) feet to such zoning district.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2020-07, § I, 10-13-20)

(a)

Subdivision and Development Signs. The Sign Inspector may issue a special permit for a temporary sign in any zone in connection with the marketing of lots or structures in a subdivision, subject to the following restrictions:

(1)

Such permits may be issued for a reasonable time period as agreed to by the subdivider and the Sign Inspector.

(2)

Signs as used in this Section refer to all types of signs except those excepted or prohibited by this Article.

(3)

The sign must be located on the property being developed and must comply with all applicable building setback requirements.

(4)

The sign may not exceed one hundred (100) square feet for residential zoning districts and not more than three hundred (300) square feet for industrial and commercial zoned districts.

(5)

One (1) sign is allowed for each major street adjacent to the subdivision.

(b)

Banners and Other Promotional Devices.

(1)

Banners, pennants, searchlights or balloons shall not be used on a permanent basis. They may be allowed by special permit as temporary promotions in a commercial or industrial establishment for a total period not to exceed ten (10) days and will be allowed in residential zones in conjunction with an open house or model home demonstration conducted by a realtor up to seven (7) days before the opening of such a demonstration or three (3) days after and not to exceed a total period of ten (10) days.

(2)

Over the street banners. Unlighted special event banners not exceeding one hundred fifty (150) square feet in area are permissible over a street carriageway by special permit from the Sign Inspector after presentation of proof of insurance along with installation specifications. Furthermore, all banners shall be reviewed by the City Police Department for compliance with all applicable traffic regulations.

(3)

Portable advertising signs shall not be used on private property. Portable advertising signs will also be allowed in the City right-of-way, if (a) the portable sign is located in front of a business establishment, and (b) the portable sign is removed during non-business hours.

(4)

This provision shall not apply to City placement of seasonal flags, pennants, streamers or banners.

(5)

Light pole banners allowed. The banners are only allowed on business-owned light poles. These banners shall be inspected by the City of Oconto Inspection Department. The banners cannot exceed sixty (60) inches tall and thirty-six (36) inches wide. Each light pole is restricted to two (2) banners. The light poles shall be located on the business premises and owned and maintained by the business. The banners shall not be located on any city property or any residentially zoned property. For safety reasons, these banners and poles shall be within wind loading and wind shear tolerances per light pole manufacturing specifications.

(c)

Advertising Vehicles. No person shall park any vehicle or trailer on public right-of-way property or on private commercial/industrially zoned properties so as to be seen from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2015-05, § 1, 8-11-15; Ord. No. 2017-06, § I, 3-14-17)

(a)

Commercial and Industrial Zoned Districts. Signs allowed in general commercial and industrial districts plus signs for multi-tenant buildings in other districts are as follows:

(1)

Signs not requiring permit.

(2)

Special signs under the terms and conditions provided at Section 13-1-152.

(3)

Signs for authorized conditional and nonconforming uses.

a.

Permitted Signs:

1.

Wall, window, marquee, directional, canopy and ground signs.

2.

Off-premises signs shall be permitted in U.S. Highway 41 By-Pass commercial and industrial districts within the primary viewing of U.S. Highway 41. Off-premises signs shall be permitted in Business Highway 41 commercial and industrial districts. No off-premises sign shall exceed seven hundred (700) square feet per sign.

b.

Area Restrictions: The total area of all on-premises signs may not exceed four (4) square feet per lineal foot of lot frontage, excluding directional signs and except multi-tenant buildings in other districts shall not exceed fifty (50) square feet per side including double-faced signs.

c.

Height Restrictions: Ground signs may not exceed thirty-five (35) feet in height above the traveled roadway.

d.

Spacing:

1.

Off-premises signs shall be spaced at a minimum of five hundred (500) feet between such structures. Each side of the highway is considered separately.

2.

Directional signs shall be in accordance with need.

(b)

Directional Signs pertaining to natural wonders, scenic and historical attractions and signs relating to community activities and events can be located in any zone district.

(1)

Permits are required.

(2)

The proposed sign's display area shall not exceed one hundred fifty (150) square feet, with the largest dimension not exceeding twenty (20) feet in either length or height.

(3)

At least five hundred (500) feet shall separate the proposed sign and any other existing directional sign and at least two hundred (200) feet from any off-premises sign. Each side of the highway is considered separately.

(c)

Exception for Noncommercial Copy. Any sign authorized in this Article is allowed to contain noncommercial copy in lieu of part or all of the commercial or other authorized copy permitted in this Section.

(d)

[Compliance.] All sign permit applications made on or after the effective date of the ordinance from which this Article is derived shall comply with the provisions of this Section in addition to any other requirement imposed by this Article. Should any specific revision in this Section conflict with any general provision of this Article, the specific provision of this Section shall control.

(Ord. No. 1109, § 1, 4-13-10)

(a)

All sign permit applications made on or after the effective date of the ordinance from which this Article is derived shall comply with the provisions of this Section in addition to any other requirement imposed by this Article. Should any specific revision in this Section conflict with any general provision of this Article, the specific provision of this Section shall control.

(b)

In addition to the provisions of Section 13-1-143, the owner or sign contractor shall review and comply with this Article. Clarification of this Article shall be obtained by contacting the Sign Inspector prior to commencing signage design.

(c)

To protect and enhance the historic quality and nature of the Main Street Commercial District, the following additional regulations are established:

(1)

Lettering shall not exceed twenty (20) inches in height.

(2)

A sign's total area shall not exceed two (2) square feet per linear foot of frontage.

(3)

The following shall be used in the calculation of sign area:

a.

If a sign is enclosed by a box or an outline, the total area of the box or outline will be the sign area.

b.

If a sign consists of individual letters or figures, the imaginary outline which would enclose all letters or figures shall be the sign area.

c.

The total area of a double-faced sign is calculated by multiplying the area of one (1) side of the sign by two (2).

(4)

The top of any sign shall not exceed thirty-five (35) feet above grade.

(5)

Illumination:

a.

When neon tubing is employed, the capacity of such tubing shall not exceed thirty-mile rating for any colored tubing.

b.

No sign shall be illuminated as to create a nuisance, traffic hazard or excessive glare to adjacent property.

(6)

Wall signs:

a.

No wall sign shall project beyond the ends of the wall or beyond the top of the building to which it is affixed.

b.

Wall signs must be affixed flat against the building wall. Any necessary frame mounting shall not extend more than four (4) inches from the wall.

c.

No more than three (3) wall signs shall be allowed per building facade in buildings with more than one (1) business or use, and no more than one (1) wall sign shall be allowed per business or use per building facade.

d.

Murals of noncommercial interest are not considered signs.

(7)

Projecting signs shall be permitted in the Main Street Commercial District, subject to the following:

a.

Projecting signs shall be considered double-faced signs.

b.

Projecting signs shall not exceed twelve (12) square feet in sign face area (six (6) square feet per sign face).

c.

Only one (1) projecting sign shall be allowed per building per street frontage.

d.

Projecting signs must clear sidewalks by at least eight (8) feet and may project no more than four (4) feet from the building or closer than two (2) feet to the edge of the sidewalk, whichever is less.

(8)

Window signs: The total coverage of all permanent, neon and temporary window signs shall not exceed twenty-five (25) percent of the total glass area of the window.

(9)

Marquees/awnings and canopies:

a.

Marquees/awnings and canopies shall be supported solely by the building to which they are attached and no columns or posts shall be permitted as supports.

b.

One (1) sign may be attached on the underside of a marquee/awning and canopy. Such sign shall not exceed twelve (12) inches in height or six (6) feet in length. The area of such sign shall be deducted from the total wall sign area permitted.

c.

No portion of a marquee/awning and canopy shall be less than ten (10) feet above the level of the sidewalk. However, if the marquee/awning and canopy extends beyond four (4) feet between the building and curb, it must be twelve (12) feet above the sidewalk.

d.

No marquee/awning and canopy shall extend beyond two (2) feet inside the curb line.

e.

The roofs of all marquees shall be used for no other purpose than to form and constitute a roof. The roofs of all marquees shall not drain directly onto the public right-of-way. The roofs of all marquees shall be constructed to support a live load of not less than sixty (60) pounds per square foot.

f.

Marquees/awnings and canopies shall be designed to withstand a wind pressure of not less than eighty (80) miles per hour.

g.

Marquees/awnings and canopies shall not interfere with street trees or traffic signs.

h.

No advertising shall be placed on the marquee/awning or canopy except the name or logo of the owner, business or industry conducted within the premises, address of the building, or the building name.

i.

Lettering or logos shall be painted or otherwise permanently affixed in letters not exceeding twenty (20) inches in height on the front and side portions thereof.

j.

Translucent marquees/awnings and canopies are not permitted.

(10)

Freestanding/ground signs:

a.

A freestanding or ground sign shall be permitted only on property setback areas.

b.

Only one (1) freestanding or ground mounted sign shall be allowed per store front.

c.

No freestanding or ground mounted sign shall encroach upon or project over any public right-of-way.

d.

A freestanding/ground sign may not exceed one hundred (100) square feet in area or twelve (12) feet in any dimension.

e.

When attached to a post or other structural supports, the top of a freestanding or ground mounted sign shall not extend more than thirty-five (35) feet above the ground or pavement.

f.

Freestanding or ground mounted signs shall be at least one hundred (100) feet apart.

(11)

Nonconforming signs shall not be:

a.

Changed to another nonconforming sign.

b.

Structurally altered to prolong the life of the sign.

c.

Expanded.

d.

Reestablished after discontinuance of the sign use for a period consistent with Wis. Stats. § 62.23(7)(h).

e.

Removed and replaced to another location unless such sign is made to conform to all the regulations of this Article.

f.

Reestablished after damage or destruction by any means, including an act of God exceeding fifty (50) percent of the initial value of the sign, as determined by the Sign Inspector.

(12)

Abandoned signs:

a.

All signs or sign messages shall be removed by the owner or lessee if the premises upon which a sign is located when the business it advertises is no longer conducted thereon.

b.

If the owner or lessee fails to remove the abandoned sign, the Sign Inspector shall give the owner a thirty-day written notice by certified mail to remove such sign.

c.

Upon failure to comply with the notice, the City shall cause removal to be executed, the expense of which shall become a lien against the property, as provided in Wis. Stats. § 66.60(15), on the property on which such sign is located at the time of the removal and shall automatically be extended upon the tax roll as a delinquent tax against the property.

d.

Signs extending over right-of-way; liability insurance and indemnification. Any person, firm, corporation, or other entity that seeks to have installed any sign extending over public rights-of-way shall submit with its sign permit application proof of comprehensive general liability insurance on the premises sought to be permitted, which provides for bodily injury and for property damage coverage in amounts not less than one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate. Within ten (10) days of granting of any such permit, the permittee shall provide a certificate of such insurance to the City which names the City as an additional insured thereunder for purposes of such sign. Any person, firm, corporation or other entity having in place of having a permit application outstanding as of the effective date of the ordinance from which this Article is derived for such signs extending over the public rights-of-way shall, within six (6) months of such effective date, provide a certificate of insurance evidencing the above amounts and naming the City as an additional insured thereunder for purposes of such sign.

(Ord. No. 1109, § 1, 4-13-10; Ord. No. 2014-07(b), § I, 5-13-14; Ord. No. 2017-01, § VI, 1-17-17)

It is the intent of this Article to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to insure that the community is adequately protected from potential hazardous and nuisance-like effects.

(a)

No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground-borne or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

(b)

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

No operation or activity shall produce any intense glare or lighting with the source directly visible beyond an Industrial District's boundaries.

No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Chs. NR 400—499, Wis. Adm. Code.

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 415, Wis. Adm. Code.

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 415, Wis. Adm. Code.

No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Chs. NR 400—499, Wis. Adm. Code.

(a)

Purpose. This Section regulating the placement of signal receiving antennas is adopted to:

(1)

Provide uniform regulation of all signal receiving antenna devices;

(2)

Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

(3)

Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and

(4)

Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.

(b)

Permit Required. No owner shall, within the City of Oconto, build, construct, use or place any type of signal receiving antenna until a permit shall have first been obtained from the Building Inspector.

(c)

Definitions.

(1)

Signal Receiving Antenna. For purposes of this Section, is defined as any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.

(2)

Owner. 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 (1) owner shall be considered an owner.

(d)

Application. Application for a signal receiving antenna permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee of ten dollars ($10.00) and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this Section, the application shall be approved.

(e)

Installation Standards. Signal receiving antennas installed in any zoning district within the City shall comply with the following provisions:

(1)

Setbacks.

a.

Any signal receiving antenna and its mounting post shall be located a minimum of ten (10) feet from any property line.

b.

Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.

c.

If side yard, front yard or roof mounting is requested, the Building Inspector shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

(2)

Mounting. Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Building Inspector may require engineering calculations.

(3)

Diameter. The diameter of the signal receiving antenna shall not exceed fifteen (15) feet in diameter, except for systems used to provide community antenna television services.

(4)

Height.

a.

A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed eighteen (18) feet in height, as measured from the ground to the highest point of the dish.

b.

A roof-mounted antenna may not exceed fifteen (15) feet in height above the surrounding roof line as measured from the lowest point of the existing roof line.

(5)

Wind Pressure. All signal receiving antennas 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 eighty (80) miles per hour.

(6)

Electrical Installations. Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin 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 signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal receiving antenna is to be used by two (2) 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 a permit. All signal receiving antennas shall be grounded against direct lightning strikes.

(7)

Temporary Placement. No portable or trailer-mounted signal receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five (5) 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 first 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 is allowed on the signal receiving antenna other than the customary manufacturer's identification plates.

(9)

Interference with Broadcasting. Signal receiving antennas 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 signal receiving antenna 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 signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

(11)

Aesthetic Considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

(f)

Enforcement.

(1)

It shall be unlawful to construct, use, build or locate any signal receiving antenna 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, firm or corporation who fails to comply with the provisions of this Section shall, upon conviction, be subject to the general penalty found in Section 1-1-7.

(a)

Construction of Wind Energy Systems. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this Section.

(b)

Permits Required.

(1)

A zoning permit shall be obtained from the Plan Commission to allow construction of a WECS.

(2)

A WECS permit shall be obtained from the City Building Inspector for the construction of all WECS.

(c)

Application Requirements. An application for a permit to build a wind energy system shall include the following:

(1)

The property lines of the proposed site of construction.

(2)

Proposed location of the WECS.

(3)

Location and description of all structures located on the property where the WECS site is proposed.

(4)

Location of all aboveground utility lines within a radius equal to two (2) times the height of the proposed WECS.

(5)

Location of all underground utility lines on the property where a WECS site is proposed.

(6)

Dimensional representation of the structural components of the tower construction including the base and footings.

(7)

Schematic of electrical systems associated with the WECS including all existing and proposed electrical connections.

(8)

Manufacturer's specifications and installation and operation instructions or specific WECS design information.

(9)

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the Uniform Building Code.

(d)

Blade Clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where over-sized vehicles might travel.

(e)

Climbing Towers, Tower Access. Access to towers shall be controlled by fences six (6) feet in height around the tower and anti-climbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating shock hazard shall be placed on the tower. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No trespassing." Cables, ropes or wires used to secure the WECS shall be appropriately marked to prevent accidental bodily harm.

(f)

Tower Construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code and any future amendments, additions, and/or revisions to same.

(g)

Utility Interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as set forth in the electrical utility's then-current service regulations applicable to WECS; these standards are subject to review by the Public Service Commission.

(h)

Setback Requirements.

(1)

No WECS shall be constructed in any setback, dedicated easement, nor dedicated roadway.

(2)

Installation of any WECS may not be nearer to any property lines or right-of-way for overhead electrical transmission or distribution lines than three (3) times the height of the WECS structure.

(i)

Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of the City of Oconto Code of Ordinances.

(j)

Interference with Navigational Systems. No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.

(k)

Electrical Distribution Lines. All WECS electrical distribution lines shall be located underground.

(l)

Required Safety Features.

(1)

All WECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.

(2)

All WECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including the automatic overspeed control.

(3)

All WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a deenergized electrical distribution system.

(4)

Any WECS thereof declared to be unsafe by the Building Inspector by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the City of Oconto Code of Ordinances.

(m)

Maintenance. The Building Inspector or his representative shall have the right, at any reasonable time, to enter, in the company of the owner or his agent, the premises on which a WECS has been constructed to inspect all parts of said WECS installation and require that repairs or alterations be made within thirty (30) days if, in his judgment, there exists a deficiency in the structural stability of the system.

(n)

Inspections. A yearly inspection at a fee to be determined from time to time by resolution of the Common Council shall be made by the Building Inspector to certify the safety and maintenance of the WECS and accessory structures.

(1)

Application - Mobile Service Structure (Tower) and Mobile Service Facilities.

(a)

Subject to obtaining building permit, a mobile service support structure and mobile service facility may be permitted in the City of Oconto:

(1)

Within a General Industrial Zoning District of the City; and

(2)

Within the area North of Evergreen Street and West of Cook Avenue; and

(3)

Not within a radius of one thousand five hundred (1,500) feet to any existing structure or tower utilized for the providing of mobile services and facilities.

(b)

A written permit application must be completed by any applicant and submitted to the City of Oconto Building Inspector. The application must contain the following information:

1.

The name and business address of, and the contact individual for, the applicant.

2.

The location of the proposed mobile service facility.

3.

The location of the proposed or affected support structure.

4.

Proof a physical address has been issued for the support structure.

5.

Copy of easement or agreement with landowner if the property upon which the support structure is located is not owned by the applicant.

6.

Documentation as to being located outside of the airport height district (three-mile radius from Oconto Municipal Airport) or obtain an airport Height Zoning Permit pursuant to Section 13-1-26 Airport Height Limitation District.

7.

A construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure or proposed modification to an existing structure.

8.

To construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not chose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that colocation within a two-mile radius would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

(c)

If an applicant submits to the City an application for a permit to engage in an activity described in the Ordinance, which contains all of the information required under this Section, the City shall consider the application complete. If the City does not believe the application is complete, the City shall notify the applicant in writing, within ten (10) days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(d)

Within ninety (90) days of the City's receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the ninety-day period:

1.

Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this Section, zoning ordinances.

2.

Make a final decision whether to approve or disapprove the application.

3.

Notify the applicant, in writing, of the City's final decision.

4.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(e)

The City may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search area or provide the sworn statement described under Section (l)(b)8 above.

(2)

Application - Class 1: Colocation on Existing Support Structures with Substantial Modifications.

(a)

A building permit for the substantial modification.

(b)

A written and signed affidavit from an engineer submitted to the City stating the following:

1.

Number of antennas to be added and the total number of antennas.

2.

Total height of the structure.

3.

That the structure can support the amount of antennas and equipment.

4.

That the frequencies will not interfere with the existing antennas on the tower.

(c)

Tower is outside of the airport height district (three-mile radius from Oconto Municipal Airport) or verifies the structure's height conforms to the requirements of Section 13-1-26, Airport Height Limitation District.

(d)

For purposes of this Section, "Substantial Modification" means the modification of a mobile service support structure, including the mounting of an antenna on such structure that does any of the following:

1.

For structures with an overall height of two hundred (200) feet or less, increases the overall height of the structure by more than twenty (20) feet.

2.

For structures with an overall height greater than two hundred (200) feet, increases the overall height of the structure by ten (10) percent or more.

3.

Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by twenty (20) feet or more, unless a larger area is necessary for colocation.

4.

Increases the square footage of an existing equipment compound to a total area of more than two thousand five hundred (2,500) square feet.

(3)

Application - Class 2: Collocation on Existing Support Structures without Substantial Modification.

(a)

A building permit for the modification.

(b)

A written and signed affidavit from an engineer submitted to the City stating the following:

1.

Number of antennas to be added and the total number of antennas.

2.

That the structure can support the amount of antennas and equipment.

3.

That the frequencies will not interfere with existing antennas on the tower.

(4)

Height, Yard and Other Requirements.

(a)

Height: Must meet the terms of Section 13-1-26 Airport Height Limitation District, if within three (3) miles of the Oconto Municipal Airport.

(b)

Guide wires and other equipment shall conform to the setback standards for commercial structures. Mobile Service Support Structures shall be setback from lot lines the distance equal to the height of the Mobile Service Support Structure.

(c)

If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required, that shall be used, unless the City provides the applicant with substantial evidence that the engineering certification is flawed.

(5)

Exemptions. The following are exempt from this Ordinance:

(a)

Structures for the support of television antennas and other receive-only antennas. The antenna use shall constitute ancillary or secondary use, not primary use, of the property.

(b)

Structures for the support of amateur radio antennas that are owned and/or operated by a federally licensed amateur radio operator, provided that the antenna use constitutes ancillary or secondary use, not primary use, of the property.

(c)

Structures for the support of mobile antennas for services providing public information coverage of news events or of a temporary or emergency nature.

(d)

Public safety towers owned and operated by federal, state, county or other local municipal governments.

(e)

Wireless internet service provider towers mounted on the ground that do not exceed one hundred twenty-five (125) feet in height and which have a base which can be encompassed within a circle of two-foot radius, excluding guide wires and associated anchors.

(Ord. No. 2017-14, § I, 4-18-17; Ord. No. 2018-03, § VI, 2-13-18; Ord. No. 2018-08, § I, 11-20-18)

(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. The property owner may, under limited conditions and time frames, request permission for prior construction of an accessory use to structure to be solely used for storage purposes.

(1)

Exception.

a.

Accessory buildings are allowed to remain on a property indefinitely after a principal structure has been destroyed by a fire or natural disaster.

b.

One (1) accessory building, not larger than three hundred fifty (350) square feet. and having a height not more than twelve (12) feet, may be allowed on a vacant property for the storage of equipment necessary to maintain the property. Such structure must conform to the requirements of Floodplain Zoning set forth in Chapter 2 hereof.

(b)

Placement Restrictions—Residential District. 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 which may have an attached garage, up to two (2) detached accessory buildings, at a height no greater than twenty-one (72) feet, are allowed. One (1) detached garage, being a structure over four hundred (400) square feet, shall not be considered as one of the allowed accessory buildings. A temporary tent or structure shall be considered one (1) allowable accessory building to a lot.

(2)

Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(3)

Detached accessory buildings.

a.

No attached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than thirty (30) percent of the required rear yard. The height of the apex will be predicated by the 4:12 pitch and forty-pound snow load as indicated by the width of the building and the height of the side wall.

b.

No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building shall occupy more than thirty (30) percent of the required rear yard.

c.

Any accessary building, use or structure shall conform to the applicable height and other regulations of the district in which it is located except as specifically otherwise provided herein, except that when an accessory building is located forward of the rear building line of the principal building it shall satisfy the same side yard requirements as the principal building.

d.

No accessory building other than a garage in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than three (3) feet from all lot lines and from any other building or structure on the same lot; except as provided in Subsection (h).

e.

When an accessory building is a part of the main building, or is substantially attached thereto or lies within ten (10) feet of an exterior wall of the main building, the side yard and rear yard requirement s for the main building shall be applied to the accessory buildings.

(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 as defined herein 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 not be nearer than ten (10) feet to any side or rear lot line.

(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 three (3) feet to the side line of the adjacent structure.

(f)

Landscaping and Decorative Uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.

(g)

Temporary Uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the 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 (8) feet above the curb level, a private garage may be erected within the front yard, provided as follows:

(1)

That such private garage shall be located not less than five (5) feet from the front lot line;

(2)

That the floor level of such private garage shall be not more than one (1) foot above the curb level; and

(3)

That at least one-half (½) the height of such private garage shall be below the mean grade of the front yard.

(i)

Outdoor Lighting. Outdoor lighting installations shall not be permitted closer than three (3) feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed fifteen (15) feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

(j)

Lawn Accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., shall be permitted in setback areas but not closer than three (3) feet to an abutting property line other than a street line.

(k)

Retaining Walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six (6) feet in height, and a terrace of at least three (3) feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three (3) feet to the property line.

(l)

Temporary Tent/Structure and Storage Tents.

(1)

Commercial Purpose. Temporary tents or other temporary structures may be used for commercial purposes for a period of six (6) months, from either April 1st to September 30th or October 1st to March 31st. Temporary structures, tent, and similar devises, must be adequately secured to the ground and must be maintained in a reasonable appearance. Permitting shall be required for each six-month period beginning April 1st or October 1st, and the tent/structure is subject at all times to inspection by the Building Inspector. A non-profit organization or corporation required to obtain a permit as to a temporary tent/structure shall be exempt as to the corresponding fee.

(2)

Residential District. Storage tents or other temporary structures may be used for storage of vehicles or other materials in a residential district. Temporary structures, tents, or other similar devices, if used for storage, must be placed in the side or rear yard of the lot, and must be adequately secured to the ground and must be maintained in a reasonable appearance. A storage tent or structure will be considered as one (1) allowable accessory building to a lot, pursuant to Section 13-1-200(b)(1). Permitting shall be required prior to placement of the tent/structure and the tent/structure is subject at all times to inspection by the Building Inspector.

(m)

Maintenance Requirements. All garages and accessory buildings, including storage tents and other temporary structures, in residential districts must be maintained with the following requirements:

(1)

Storage tents must be fully enclosed in all four (4) sides.

(2)

Temporary tents/structures and storage tents must be of a manufactured canvas material and have a manufactured frame. Tarps or individual materials are not allowed.

(3)

If made of a canvas material or any pliable material that may wear or tear with weather conditions, the tent/structure must be free of any tears.

(Ord. No. 967, § 1, 10-13-98; Ord. No. 2014-09, § I, 6-10-14; Ord. No. 2016-06, 6-14-16; Ord. No. 2016-10, 9-13-16; Ord. No. 2017-19, § I, 8-15-17; Ord. No. 2017-23, § I, 10-10-17; Ord. No. 2019-6, § I, 4-16-19; Ord. No. 2020-08, § I, 10-13-20; Ord. No. 2022-03, § I, 3-15-22; Ord. No. 2024-06, § I, 10-15-24; Ord. No. 2024-07, § I, 10-15-24; Ord. No. 2024-08, §§ I, II, 10-15-24)

(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 thirty (30) days from the date of its delivery.

(b)

Firewood shall be neatly stacked and may not be stacked closer than two (2) feet to any lot line and not higher than six (6) 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 of Ordinances.

(e)

Not more than twenty (20) percent of the side and rear yard may be used for storage of firewood at any one (1) time.

(a)

Definitions. The following definitions shall be applicable herein:

(1)

Decorative Fence. A fence not exceeding a height of thirty-six (36) inches from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern (such as a weave or board-and-space pattern) and not solid pattern (such as a block, concrete, or privacy pattern).

(2)

Fence. Any enclosure or barrier greater than five (5) feet in length, solid or otherwise, made of wood, iron, stone or other material, as around or along a yard, walkway, field, or any other area on the property and shall include "decorative fence".

(3)

Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

(4)

Picket Fence. A fence having a pointed post, stake, pale or peg placed vertically with the point or sharp part pointing upward to form a part of the fence.

(5)

Retaining Wall. A solid barrier of any material constructed to hold a mass of earth. A retaining wall shall be considered a fence for purposes of this Section.

(6)

Drip Line. The line that could be drawn on the ground under a tree beneath the outermost tips of the braches. Rain flows of the tree at this point, so it is in the area where roots congregate and the best point to place fertilizer, water, etc.

(b)

Responsibility of Owner. Any person erecting a fence shall do so on his own property. The responsibility for establishing a property line shall rest with the property owner erecting the fence.

(c)

Fence Permit Required. No person shall erect a fence in the City of Oconto unless a permit is first obtained from the Building Inspector by the property owner or his/her agent. A permit fee shall be paid upon application for the permit.

(d)

Fence Setback in Residential Zoned Districts.

(1)

No fence or portion of a fence shall be constructed within the front setback area of a building in a residentially zoned district except as follows:

a.

A fence can be constructed in the front setback area if the fence is no higher than three (3) feet and a solid pattern;

b.

Or no higher than four (4) feet and an open web, weave or board-and-space pattern.

(2)

Fences may be constructed along side lot lines but shall meet the requirements of the front setback limits when extended into the front setback area.

(3)

Any fence within a side setback area adjacent to a street shall meet the requirements of a front setback area.

(e)

Fences in All Districts.

(1)

No solid fence or segment of a fence more than three (3) feet high is allowed within the vision clearance required for corner lots abutting a street or alley.

(2)

No fence or segment of a fence shall be constructed nearer than four (4) feet to any alley line.

(3)

Unless otherwise provided herein, no fence shall be constructed with any point higher than six (6) feet above ground level; provided, however, that fences in industrial zoned areas shall not be higher than ten (10) feet above ground level, excluding devices for holding barbed wire.

(4)

No fence shall be constructed which is of a dangerous condition or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrial zoned areas if the devices securing the barbed wire to the fence are eight (8) feet above the ground or higher and project toward the fence property and away from any public area.

(5)

All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(f)

Hedges. The height and setback for hedges shall be the same as outlined for fences in Subsections (c), (d), and (e) hereof; provided, however, hedges three (3) feet in height or less measured from sidewalk level, may be kept in the front setback area, however, within the side yard setback, not adjacent to City streets may be of any height except the drip line of any hedge shall be within the permitted property boundaries. Hedges shall be trimmed and maintained to accepted standards.

(g)

Fences to be Repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property. The term "decorative" shall be considered unstained and/or stained/painted in a neutral color. Fence posts shall be placed on the owner's property or in line with the fence face.

(h)

Temporary Fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this Section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than forty-five (45) days.

(i)

Nonconforming Fences and Hedges. Any fence or hedge existing on the date of original adoption (May 29, 1991) and not in conformance with this Section may be maintained, but no alteration, modification or improvement of the same shall be permitted unless such alterations, modifications or improvements result in compliance with this Section.

(Ord. No. 1055, § 1, 3-13-07; Ord. No. 2014-06, § I, 5-13-14; Ord. No. 2017-26, § I, 10-10-17)

(a)

Definition. A private or residential swimming pool means any depression in the ground, either temporary (installed for a period of less than fourteen (14) days) or permanent (installed for a duration of more than fourteen (14) days), or an above-ground or below-ground container of water, either temporary or permanent, which is eighteen (18) inches or greater in depth used primarily for the purpose of wading or swimming, excluding portable pools.

(b)

Exempt Pools. A portable pool means an above-ground container of water less than eighteen (18) inches in depth that can be readily disassembled for storage and reassembled to its original integrity.

(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 permit fee shall accompany such application.

(d)

Public Bathing Places. All public swimming pools constructed within the City of Oconto shall be built and maintained in accordance with the rules of the state board of health.

(e)

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 (b), 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 on in the general vicinity.

(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.

(4)

If they shall be installed, lights shall be erected so as to eliminate direct rays and minimize reflected rays of light on adjoining properties.

(f)

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 in the Zoning Code for an accessory building, and in no case shall the water line of any pool be less than five (5) feet from any lot line. The vertical wall of a swimming pool shall not be located closer than five (5) feet of any other wall or fence or other structure which can be climbed by children. No pool shall be located under any electric power lines.

(g)

Reserved.

(h)

Draining and Approval Thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Building Inspector. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Board of Health shall be necessary before the construction of any such pool may commence.

(i)

Filter System Required. All private swimming pools within the meaning of this Chapter must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(j)

Dirt Bottoms Prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

(k)

Safety Devices. Every swimming pool which has a capacity for water exceeding four (4) feet in depth at any point, shall be equipped with a reasonable number of life preservers and/or other safety devices.

(Ord. No. 1095, § 1, 3-10-09; Ord. No. 2014-07(a), § I, 5-13-14; Ord. No. 2017-24, § I, 10-10-17)

(a)

R-MH Mobile Home Park Districts may be established in accordance with the procedures, requirements and limitations set forth in this Article, Article N, and Section 13-1-44. Within R-MH Districts, mobile homes, with such additional supporting uses and occupancies as are permitted herein, may be established subject to the requirements and limitations set forth in these and other regulations.

(b)

It is the intent of this Article to recognize mobile homes constructed prior to October 1, 1974, as distinct and different from units designated as Mobile Homes within the definitions of this Article and to prohibit units not meeting the requirements for Mobile Homes as defined herein. Units constructed prior to 1974 are prohibited. Mobile Homes meeting the requirements of the One and Two Family Building Dwelling Code shall not be permitted in a Residential Mobile Home District except as a conditional use. Permits may be obtained only after approval by the Plan Commission.

(c)

(1)

No person shall park, locate or place any mobile home outside of an approved mobile home park, mobile home subdivision or on an industrial lot where permitted and zoned R-MH Mobile Home Park District in the City of Oconto, except unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding one hundred twenty (120) days, provided no business is carried on therein, or in an accessory private garage, building or rear yard of the owner of such mobile home, provided no business is carried on therein.

(2)

The procedures for zoning a parcel to the R-MH District shall be as prescribed in Article N.

This Chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this Zoning Chapter require review and recommendation by the Plan Commission and ultimate action by the Common Council. A Zoning Board of Appeals is provided to assure proper administration of the Chapter and to avoid arbitrariness.

(a)

Appointment. The Common Council shall designate the Zoning Administrator and as the administrative enforcement officer for the provisions of this Chapter. The duty of the Zoning Administrator shall be to interpret and administer this Chapter and to issue, after on-site inspection, all permits required by this Chapter.

(b)

Duties. In enforcing and administering this Chapter, the Administrator shall perform the following duties:

(1)

Issue the necessary building permits and occupancy and zoning use permits required by the provisions of this Chapter, provided its provisions have been complied with.

(2)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(3)

In case of any finding of a violation of a provision of this Chapter, notify, in writing, the actual violator where known, the owner of the property on which the violation has taken place and the Common Council, indicating the nature of the violation and the action necessary to correct it.

(4)

Receive, file and process for action all applications for conditional uses, variances and amendments to this Chapter which are filed in the zoning office.

(5)

Initiate, direct and review, from time to time, a study of the provisions of this Chapter and make reports of the recommendations to the Plan Commission for investigation and appropriate action.

(6)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this Chapter.

(c)

Authority. In the enforcement of this Chapter, the Administrator shall have the power and authority for the following:

(1)

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.

(2)

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this Chapter, such revocation to be in effect until reinstated by the Administrator or the Board of Appeals, or take any other action as directed by the Common Council to insure compliance with or to prevent violation of its provisions.

(3)

In the name of the City and with authorization of the Common Council commence any legal proceedings necessary to enforce the provisions of this Chapter or the Building Code, including the collection of forfeitures provided for herein.

(a)

Plan Commission. The Plan Commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the City to the Common Council, other public officials and other interested organizations and citizens. In general, the Plan Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning. Under this Chapter, its functions are primarily recommendatory to the Common Council pursuant to guidelines set forth in this Chapter as to various matters and, always, being mindful of the intent and purposes of this Chapter, except that it shall decide applications for conditional use permits. Recommendations shall be in writing. A recording thereof in the Commission's minutes shall constitute the required written recommendation. The Commission may, in arriving at its recommendation, on occasion of its own volition, conduct its own public hearing. The Plan Commission shall have the powers to conduct and hold public hearings on all proposed amendments to the City Zoning Ordinance as provided in Wis. Stats. § 62.23(7)(d).

(b)

Common Council. The Common Council, the governing body of the City, subject to recommendations by the Plan Commission and the holding of public hearings by said Council, has ultimate authority to grant planned unit development applications, make changes and amendments in zoning districts, the zoning map and supplementary floodland zoning map and to amend the text of this Chapter. The Common Council may delegate to the Plan Commission the responsibility to hold some or all public hearings as required under this Chapter.

(c)

Zoning Board of Appeals. A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this Chapter. See Article P of this Chapter for detail provisions.

(a)

(1)

No vacant land shall be occupied or used, and no building shall be hereafter erected, structurally altered, relocated, used or occupied until a Zoning and Occupancy Permit has been issued certifying that any such building, use or occupancy complies with the provisions of this Chapter. Such permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, changed, extended or granted conditional use status.

(2)

A zoning and occupant permit is required in the following situations:

a.

Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.

b.

Before any land use is substantially altered.

c.

Before any building or structure is erected or substantially altered which would be a Conditional Use or require a variance regardless of whether principal or accessory use.

d.

Before building an accessory structure, even though not intended for human occupancy.

(b)

(1)

The permit application shall be made to the Zoning Administrator on forms provided by the City. Applications shall be submitted in duplicate, except that when site plan approval is required, they shall be submitted in quadruplicate. The application shall include the following information:

a.

Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.

b.

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

c.

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within forty (40) feet of the subject site.

d.

Additional information as may be required by the Zoning Administrator, Plan Commission, City Engineer, and Building, Plumbing or Health Inspectors, including all information required for site plan approval.

(2)

Application for such permit shall be made to the Administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit.

a.

Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this Chapter, a statement by the applicant as to the intended use of the premises and buildings thereon.

b.

Within ten (10) days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the Administrator shall make an inspection of the premises and any building thereof and of the building and the intended use thereof, and if the proposed use of the premises complies with the requirements of this Chapter, a Zoning Permit shall be issued.

c.

For the purpose of defraying the cost of inspection and administrative processing, such application shall be accompanied by such fee as established by the Common Council.

(c)

If, within twelve (12) months of the date of application, no Zoning Permit has been issued, any building permit related thereto shall lapse and the Administrator shall make immediate investigation to ascertain that no use or occupancy has, in fact, commenced without proper authority. Upon showing valid cause, the Administrator may grant an extension of such permit for a period not to exceed six (6) months.

(d)

Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six (6) months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this Chapter to such a degree as to render it unsafe for the occupancy proposed.

(a)

Site Plan Approval. All applications for Zoning Permits for any construction, reconstruction, expansion or conversion, (including mobile home parks and subdivisions) except for one-family and two-family residences in Residential Districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this Section.

(b)

Application. The applicant for a zoning permit shall also submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this Chapter.

(c)

Administration. The Zoning Administrator shall make a preliminary review of the application and plans and refer them, along with a report of his findings, to the Plan Commission within ten (10) days. The Plan Commission shall review the application and may refer the application and plans to any expert consultants selected by the Common Council to advise whether the application and plans meet all the requirements applicable thereto in this Chapter. Within forty (40) days of its receipt of the application, the Commission shall authorize the Zoning Administrator to issue or refuse a Zoning Permit.

(d)

Requirements. In acting on any site plan, the Plan Commission shall consider the following:

(1)

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

(2)

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(3)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(4)

The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this Section.

(e)

Effect on Municipal Services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the City Engineer or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall forward its recommendations to the Common Council and shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.

The following fees shall be applicable for this Chapter:

(a)

Rezoning Application. One hundred twenty-five dollars ($125.00) per application (including repetitions of previous applications).

(b)

Conditional Use Permit Application. All conditional use applications shall be filed with the City Clerk/Treasurer along with a one hundred twenty-five dollar ($125.00) filing fee. The filing fee shall be used to reimburse the City for publication costs and attorney's fees incurred in relation to the application and hearings thereon. After final decision on the application, the City Clerk/Treasurer shall return the balance of the filing fee, if any, to the applicant. The City Clerk, upon receipt of an application and the fee provided herein, shall immediately refer it to the Plan Commission for consideration.

(c)

Variance Application. All applications for special exceptions and variances and appeals shall be filed with the City Clerk/Treasurer along with a one hundred twenty-five dollar ($125.00) filing fee. The filing fee shall be used to reimburse the City for publication costs and attorney's fees incurred in relation to the application or appeal and hearings thereon. After final decision on the application or appeal, the City Clerk/Treasurer shall return the balance of the filing fee, if any, to the applicant or appellant. The City Clerk, upon receipt of an application or appeal and the fee provided herein, shall immediately refer it to the Board of Appeals for consideration.

(d)

Building Permit Application. The fees for building permits shall be established in Title 14, Building Code, of this Code of Ordinances.

(Ord. No. 1021, § 1, 11-12-02)

(a)

Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this Chapter. In case of any violation, the Common Council, the Zoning Administrator, the Plan Commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this Chapter or cause a structure to be vacated or removed.

(b)

Remedial Action. Whenever an order of the Zoning Administrator has not been complied with within thirty (30) days after written notice has been mailed to the owner, the resident agent or occupant of the premises, the Common Council, the Zoning Administrator or the City Attorney may institute appropriate legal action or proceedings.

(c)

Penalties. Any person, firm or corporation who fails to comply with the provisions of this Chapter or any order of the Zoning Administrator issued in accordance with this Chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in Section 1-1-7 of this Code of Ordinances.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Common Council may, by ordinance, change the district boundaries established by this Chapter and the Zoning Map incorporated herein and/or the Supplementary Floodland Zoning Map incorporated herein, or amend, change or supplement the text of the regulations established by this Chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission.

The Common Council, the Plan Commission, the Zoning Board of Appeals and other government bodies and any private petitioners may apply for an amendment to the text of this Chapter to the District boundaries hereby established or by amendments hereto in the accompanying zoning map made a part of this Chapter and/or the Supplementary Floodland Zoning Map to be made a part of this Chapter by reference.

(a)

Petition.

(1)

Petitions for any change to the district boundaries and map(s) or amendments to the text regulations shall be addressed to the Common Council and shall be filed with the City Clerk. The person requesting such action shall provide all information requested on the petition including:

a.

Name and street address of the petitioner.

b.

The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.

c.

Legal description of the property to be altered.

d.

The existing use of all buildings on such land.

e.

The principal use of all properties within three hundred (300) feet of such land.

f.

Purpose for which such property is to be used.

g.

Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this Chapter.

h.

Names and addresses of all abutting and opposite property owners within three hundred (300) feet of the property to be altered.

i.

Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures, and property lines within three hundred (300) feet of the parcel.

j.

Any further information requested to the petition or which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Council.

(2)

Failure to supply such information shall be grounds for dismissal of the petition.

(3)

A petition for change or amendment submitted by a private property owner shall be prepared in triplicate and filed with the City Clerk/Treasurer and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(b)

Recommendations. The Common Council or the City Clerk/Treasurer shall cause the petition to be forwarded to the Plan Commission for its consideration and recommendation. The Plan Commission shall review all proposed amendments to the text and zoning map(s) within the corporate limits and shall recommend in writing that the petition be granted as requested, modified or denied. A recording of the recommendation in the Plan Commission's official minutes shall constitute the required written recommendation. In arriving at its recommendation, the Commission may on occasion, of its own volition, conduct its own public hearing on proposed amendment(s).

(c)

Hearings.

(1)

The Common Council, following receipt of recommendation of the Plan Commission, shall hold a public hearing upon each proposed change or amendment, giving notice of the time, place and the change or amendment proposed by publication of a Class 2 notice, under Wis. Stats. Ch. 985. At least ten (10) days' prior, written notice shall also be given to the clerk of any municipality within one thousand (1,000) feet of any land to be affected by the proposed change or amendment.

(2)

The Common Council may delegate to the Plan Commission the responsibility to hold public hearings as required under this Section.

(d)

Council's Action. Following such hearing and after consideration of the Plan Commission's recommendations, the Common Council shall vote on the proposed ordinance effecting the proposed change or amendment.

(Ord. No. 1047, § 1, 11-29-05)

(a)

In the event of a protest against amendment to the zoning map, duly signed and acknowledged by the owners of twenty (20) percent or more, either of the areas of the land included in such proposed change, or by the owners of twenty (20) percent or more of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty (20) percent or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of three-fourths (¾) of the full Common Council membership.

(b)

In the event of protest against amendment to the text of the regulations of this Chapter, duly signed and acknowledged by twenty (20) percent of the number of persons casting ballots in the last general election, it shall cause a three-fourths (¾) vote of the full Common Council membership to adopt such amendment.

(a)

Scope of Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within reasonable thirty (30) days of the alleged grievance or judgment in question by filing with the officer(s) from whom the appeal is taken and with the Board of appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the Common Council. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board of Appeals all papers constituting the record of appeals upon which the action appeals from was taken.

(b)

Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Powers of Zoning Board of Appeals. In addition to these powers enumerated elsewhere in this Code of Ordinances, the Board of Appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator or Building Inspector.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest where, owing to practical difficulty or unnecessary hardship, so that the spirit and purposes of this Chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(3)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.

(4)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.

(5)

Unclassified Uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district and the Plan Commission has made a review and recommendation.

(6)

Temporary Uses. To hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure and are compatible with the neighboring uses and the Plan Commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any condition required by the Board of Zoning Appeals and shall be issued for a period not to exceed twelve (12) months. Compliance with all other provisions of this Chapter shall be required.

(7)

Permits. The Board may reverse, affirm wholly or partly, modify the requirements appealed from and may issue or direct the issue of a permit.

The Board of Appeals shall fix a reasonable time for the hearing, cause notice thereof to be published in the official newspaper not less than seven (7) days prior thereto, cause notice to be given to the appellant or applicant and the administrative officer(s) appealed from by regular mail or by personal service not less than five (5) days prior to the date of hearing. In every case involving a variance, notice shall also be mailed not less than five (5) days prior to the hearing of the fee owners of records of all land within one hundred (100) feet of any part of the subject building or premises involved in the appeal.

(a)

Timeframe. The Board of Appeals shall decide all appeals and applications within thirty (30) days after the public hearing and shall transmit a signed copy of the Board's decision to the appellant or applicant and the Zoning Administrator.

(b)

Conditions. Conditions may be placed upon any zoning permit ordered or authorized by the Board of Appeals.

(c)

Validity. Variances, substitutions or use permits granted by the Board shall expire within six (6) months unless substantial work has commenced pursuant to such grant.

(a)

Purpose.

(1)

A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this Zoning Code would cause him undue hardship or create conditions causing greater harmful effects than the initial condition. A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.

(2)

The Board of Appeals may authorize upon appeal, in specific cases, such variance from the terms of the Zoning Code as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Code will result in unnecessary hardship and so that the spirit of the Zoning Code shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection that the flood protection elevation for the particular area or permit standards lower than those required by state law.

(3)

For the purposes of this Section, "unnecessary hardship" shall be defined as an unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.

(b)

Application for Variances. The application for variation shall be filed with the City Clerk. Applications may be made by the owner or lessee of the structure, land or water to be affected. The application shall contain the following information:

(1)

Name and address of applicant and all abutting and opposite property owners of record.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property.

(3)

Address and description of the property.

(4)

A site plan showing an accurate depiction of the property.

(5)

Additional information required by the Plan Commission, City Engineer, Board of Zoning Appeals or Zoning Administrator.

(c)

Public Hearing of Application.

(1)

The application shall be referred to the Plan Commission which shall submit a report to the Board of Appeals. The petitioner shall appear before the Plan Commission in order to answer questions.

(2)

The Board of Appeals shall conduct at least one (1) public hearing on the proposed variation. Notice of such hearing shall be given not more than thirty (30) days and not less than ten (10) days before the hearing in one (1) or more of the newspapers in general circulation in the City, and shall give due notice to the parties in interest, the Zoning Administrator and the Plan Commission. At the hearing the appellant or applicant may appear in person, by agent or by attorney. The Board shall thereafter reach its decision within thirty (30) days after the final hearing and shall transmit a written copy of its decision to the appellant or applicant, Zoning Administrator and Plan Commission.

(d)

Action of the Board of Appeals. For the Board to grant a variance, it must find that:

(1)

Denial of variation may result in hardship to the property owner due to physiographical consideration. There must be exceptional, extraordinary or unusual circumstances or conditions applying to the lot or parcel, structure, use or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the Zoning Code should be changed.

(2)

The conditions upon which a petition for a variation is based are unique to the property for which variation is being sought and that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(3)

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

(4)

The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

(5)

The proposed variation will not undermine the spirit and general and specific purposes of the Zoning Code.

(e)

Conditions. The Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this Section.

Any person or persons aggrieved by any decision of the Board of Appeals may present to a court of record a petition, duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the offices of the Board of Appeals.

(a)

For the purposes of this Chapter, the following definitions shall be used, unless a different definition is specifically provided for a section. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not permissive.

(1)

Abutting. Have a common property line or district line.

(2)

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

(3)

Acre, Net. The actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within forty-three thousand five hundred sixty (43,560) square feet.

(4)

Alley. A public way not more than twenty-one (21) feet wide which affords only a secondary means of access to abutting property.

(5)

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

(6)

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

(7)

Basement. That portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-around living accommodations.

(8)

Bed and Breakfast Establishment Building. A building that provides four (4) or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

(9)

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

(10)

Boarding House. A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three (3) or more persons not members of a family, but not exceeding ten (10) persons and not open to transient customers.

(11)

Buildable Lot Area. The portion of a lot remaining after required yards have been provided.

(12)

Building. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

(13)

Building, Detached. A building surrounded by open space on the same lot.

(14)

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

(15)

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

(16)

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

(17)

Building, Principal. A building in which the principal use of the lot on which it is located is conducted.

(18)

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

(19)

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

(20)

Carport. An automobile shelter having one (1) or more sides open.

(21)

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

(22)

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

(23)

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

(24)

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

(25)

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

(26)

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

(27)

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

(28)

Corner Lot. On corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to seventy-five (75) percent of the setback required on residences fronting on the side street—but the side yard setback shall in no case restrict the buildable width to less than thirty (30) feet. Said corner lots shall be consisting of a parcel of property abutting on two (2) or more streets at their intersection providing that the interior angle of such intersection is less than one hundred thirty-five (135) degrees.

(29)

Conservation Standards. Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Oconto County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

(30)

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

(31)

District, Basic. A part or parts of the City for which the regulations of this Chapter governing the use and location of land and building are uniform.

(32)

District, Overlay. Overlay districts, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

(33)

Dwelling. A building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.

(34)

Dwelling Unit. A group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one (1) family.

(35)

Dwelling, Efficiency. A dwelling unit consisting of one (1) principal room with no separate sleeping rooms.

(36)

Dwelling, Two-Family. A detached building containing two (2) separate dwelling (or living) units, designed for occupancy by not more than two (2) families.

(37)

Dwelling, Multiple-Family. A residential building designed for or occupied by three (3) or more families, with the number of families in residence not to exceed the number of dwelling units provided.

(38)

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

(39)

Family. The body of persons who live together in one (1) dwelling unit as a single housekeeping entity.

(40)

Farming—General. General farming shall include floriculture, forest and game management, orchards, raising of grain, grass, mint and seedcrops, raising of fruits, nuts and berries, sod farming and vegetable farming. General farming includes the operating of such an area for one (1) or more of the above uses with the necessary accessory uses for treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

(41)

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

(42)

Floor Area—Business and Manufacturing Buildings. For the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

(43)

Foster Family Home. The primary domicile of a foster parent which is four (4) or fewer foster children and which is licensed under Wis. Stats. § 48.62, and amendments thereto.

(44)

Frontage. All the property butting on one (1) side of a street between two (2) intersecting streets or all of the property abutting on one (1) side of a street between an intersecting street and the dead end of a street.

(45)

Garage—Private. A detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles of the occupant of the premises.

(46)

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

(47)

Grade. When used as a reference point in measuring the height of a building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the main building.

(48)

Group Foster Home. Any facility operated by a person required to be licensed by the State of Wisconsin under Wis. Stats. § 48.62, for the care and maintenance of five (5) to eight (8) foster children.

(49)

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

(50)

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

(51)

Hotel. A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five (5) sleeping rooms with no cooking facilities in any individual room or apartment.

(52)

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

(53)

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

(54)

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

(55)

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

(56)

Lodging House. A building where lodging only is provided for compensation for not more than three (3) persons not members of the family.

(57)

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

(58)

Lot, Corner. A lot situated at the intersection of two (2) streets.

(59)

Lot, Interior. A lot with frontage on only one (1) street.

(60)

Lot, Through. A lot other than a corner lot with frontage on two (2) streets.

(61)

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

(62)

Lot Depth. The shortest horizontal distance between the front lot line and the rear lot line measured at a ninety (90) degree angle from the road right-of-way.

(63)

Lot Line. Legally established lines dividing one (1) lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.

(64)

Lot Line, Front. A line separating the lot from the street or approved private road.

(65)

Lot Line, Rear. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten (10) feet in the length within the lot, parallel to and at the maximum distance from the front lot line.

(66)

Lot Line, Side. Any lot boundary line not a front line or a rear lot line.

(67)

Lot of Record. A lot which has been recorded in the Office of the Register of Deeds prior to the effective date of this Chapter.

(68)

Lot Width. The horizontal distance between the side lot lines at the building setback line.

(69)

Minor Structures. Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four (4) feet in height.

(70)

Mobile Home. A manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight (8) feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

(71)

Mobile Home Lot. A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

(72)

Mobile Home Park. Any lot on which two (2) or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreations and other community service facilities designed for the exclusive use of park occupants.

(73)

Mobile Home Subdivision. A land subdivision, as defined by Wis. Stats. Ch. 236, and any City land division ordinance, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.

(74)

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

(75)

Nonconforming Lot. A lot of record existing on the date of passage of this Chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

(76)

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

(77)

Nursing Home. An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three (3) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

(78)

Parking Lot. A structure or premises containing five (5) or more parking spaces open to the public.

(79)

Parties In Interest. Includes all abutting property owners, all property owners within one hundred (100) feet, and all property owners of opposite frontages.

(80)

Planned Unit Development. A large lot or tract of land containing two (2) or more principal buildings of uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

(81)

Professional Home Offices. Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, tradesmen, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed one-half (½) the area of only one (1) floor of the residence and only one (1) nonresident person is employed. Tradesmen shall be defined as a person or persons who hold themselves out with a particular skill including, but not limited to, carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.

(82)

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

(83)

Rear Yard. A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one (1) of the street yards on a corner lot.

(84)

Restaurant. A business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

(85)

Restaurant, Drive-In. A business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

(86)

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

(87)

Setback. The minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed twenty-four (24) inches. Any overhang of the cornice in excess of twenty-four (24) inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over twenty-four (24) inches. Uncovered steps shall not be included in measuring the setback.

(88)

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

(89)

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

(90)

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. A basement having one-half (½) or more of its height above grade shall be deemed a story for purposes of height regulation.

(91)

Story, Half. That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half (4½) feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three (3) stories in height, a half-story in a sloping roof shall not be counted as a story for the purposes of this Code.

(92)

Street. Property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is twenty-one (21) feet or more in width.

(93)

Street Yard. A yard extending across the full width of the lot, the depot of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two (2) street yards.

(94)

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

(95)

Structural Alterations. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

(96)

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

(97)

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

(98)

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

(99)

Use, Principal. The main use of land or building as distinguished from subordinate or accessory use.

(100)

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

(101)

Variance. A relaxation of the terms of this Chapter by the Board of Appeals where the literal enforcement of this Chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

(102)

Vision Setback Area. An unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this Chapter.

(103)

Yard. An open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.

(104)

Yard, Front. A yard extending the full width of the lot between the front lot line and the nearest part of the principal building excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

(105)

Yard, Rear. A yard extending the full width of the lot between the rear lot line to the nearest part of the principal building.

(106)

Yard, Side. A yard on each side of the principal building extending from the building to the lot line and from the front yard line to the rear yard line.

(107)

Zero Lot Line. The concept whereby two (2) respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.

(108)

Zoning Permit. A permit issued by the Zoning Administrator to certify that the use of lands, structures, air and waters subject to this Chapter are or shall be used in accordance with the provisions of said Chapter.

(109)

Transitional Facility. A premises, other than a community living arrangement, community based residential facility or a community residential facility or a community residential confinement facility as established under Wis. Stats. § 301.046, for the temporary placement of persons on parole, extended supervision, or probation in a controlled environment, including supervision or monitoring.