Oconto Falls City Zoning Code
ARTICLE II
Zoning Districts and Zoning Map
§ 480-3 Zoning Map.
[Amended 2-14-1995]
A.
The boundaries of the respective districts enumerated on the Official Zoning District Map are defined and established as depicted on the map titled "Official Zoning District Map of the City of Oconto Falls, Wisconsin" (and referred to herein as the "Official Zoning Map"), which is an integral part of this chapter. This map, along with all notations and explanatory matter thereon, shall become as much a part of this chapter as if fully described herein.
(1)
The Official Zoning Map shall be identified by the signature of the Mayor and attested by the City Administrator - Clerk/Treasurer. If, in accordance with the provisions of this chapter, changes are made in district boundaries, such changes shall be incorporated on the Official Zoning Map and approved by the Common Council together with entry on the Official Zoning Map showing the date and official action taken.
(2)
One copy of the Official Zoning District Map of the City of Oconto Falls, Wisconsin, is to be maintained and kept up-to-date by the City Administrator - Clerk/Treasurer and accessible to the public and shall be the final authority as to the current zoning status of properties of the City of Oconto Falls.
B.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes made thereto, the Common Council may adopt a new Official Zoning Map of the City which shall supersede the prior Official Zoning Map. The Official Zoning Map shall bear the same signatures and certification as required in Subsection A(1). Unless the Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
§ 480-4 Zoning districts.
A.
B.
The land uses and minimum standards set forth in the following sections of this article apply to the districts delineated on the Zoning District Map.
§ 480-5 Zoning district boundaries.
A.
Where the designation on the map indicates that the various districts are approximately bounded by a street, road or alley line, such street, road or alley line shall be construed to be the district boundary line, unless provisions to the contrary are expressly indicated. In general, the line so construed shall be the center line of the right-of-way of the street, road, or alley, unless some other provision is expressly indicated.
B.
Where the district boundaries are not otherwise indicated, and where the district boundaries approximately follow section lines, quarter section lines, or other logical subdivisions of sections, such section lines or other such lines shall be construed to be the district boundary line.
C.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
D.
In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.
§ 480-6 Single-Family Residence District (R-1).
[Amended 11-16-1979; 7-11-2023 by Ord. No. 23-005]
A.
The R-1 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
B.
The following uses of land are permitted in this district:
(1)
Single-family dwellings.
(2)
Private garages for each residential parcel.
(4)
Unlighted signs of up to eight square feet for advertisements for the lease or sale of the premises, provided that all such signs must be located directly on the building involved or at least 15 feet from the nearest public sidewalk or street. Architecturally pleasing signs at entrances to distinctive residential areas may be permitted upon specific approval of the Planning Commission.
(5)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
(6)
One unoccupied trailer or motor home vehicle located so as not to violate yard requirements, except that the occasional use by guests shall not be restricted.
D.
Within the R-1 District the following standards shall apply:
(1)
Maximum building height: 35 feet.
(2)
Minimum front yard setback: 30 feet.
(4)
Minimum side yard setback, principal and accessory buildings: 7.5 feet each side.
(5)
Minimum average lot width (this does not pertain to existing platted lots): 90 feet.
(6)
Minimum lot area: 10,800 square feet.
(7)
Minimum floor area, residential structure: 1,000 square feet.
(8)
Off-street parking, residential minimum: one space.
(9)
The minimum lot width for the construction of a duplex on an existing platted lot shall be 90 feet. The minimum lot width for the construction of a duplex on an unplatted lot shall be 100 feet.
§ 480-7 Multiple-Family Residence District (R-2).
[Amended 11-16-1979; 1-10-2012 by Ord. No. 12-002; 7-11-2023 by Ord. No. 23-005]
A.
The R-2 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
B.
The following uses of land are permitted in this district:
(1)
Single-family residence.
(3)
Playgrounds and recreational and community center buildings and grounds.
(4)
Graded schools.
(5)
Churches and their affiliated uses.
(6)
Rooming houses and boardinghouses.
(7)
Charitable institutions, rest homes, convalescent homes, nursing homes, homes for the care of children, homes for the care of the aged, homes for the care of the indigent, and similar institutions.
(8)
Garages or parking spaces incident to the above uses, provided that there must be at least one space per dwelling unit of at least 300 square feet of lot area for each vehicle space. Parking spaces must be located behind the building line.
(9)
Public buildings, except sewage plants, garbage incinerators, warehouses, garages, shops and storage yards.
(10)
Water storage facilities and their accessory structures.
(11)
Signs and bulletin boards for public or religious announcements.
(12)
Unlighted signs of up to eight square feet for advertisements for the lease or sale of the premises, provided that all such signs must be located directly on the building involved or at least 15 feet from the nearest sidewalk or street.
(13)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
(14)
One unoccupied trailer or motor home located so as not to violate yard requirements, except that the occasional use by guests shall not be restricted.
C.
The following are permitted as conditional uses within this district:
(1)
Multiple-family residential buildings including duplexes.
(3)
Libraries, museums and art galleries.
(4)
Mobile home subdivisions.
(6)
Hospitals and clinics.
(7)
Funeral homes.
(8)
Telephone buildings, exchanges, lines and transformer stations.
(9)
Duplex condominiums and duplex conversion condominiums as defined by state statutes.
D.
Within the R-2 District the following standards shall apply:
(1)
Maximum building height: 45 feet.
(2)
Minimum front yard setback: 30 feet or to match adjacent buildings.
(5)
Minimum average lot width: 60 feet.
(6)
Minimum lot area: 7,200 square feet.
(7)
Minimum floor area per family, duplex: 720 square feet.
(8)
Minimum floor area per family, other multiple: 600 square feet.
(9)
Off-street parking, residential: one space per dwelling unit.
(10)
The minimum lot width for the construction of a duplex on an existing platted lot shall be 90 feet. The minimum lot width for the construction of a duplex on an unplotted lot shall be 100 feet.
(11)
For condominiums and conversion condominiums, a zero-lot line is allowed between dwelling units. In review of a proposed zero lot line residential development, the following criteria shall be met.
(a)
The proposed development complies with all other applicable provisions of this ordinance and the Oconto County Comprehensive Plan.
(b)
Owners agreement.
[1]
An owners agreement shall be filed with application for approval, and shall include provisions as determined to be appropriate by the approving authority, for resolving the following items associated with the use, maintenance and repair of common areas and facilities:
[a]
Assurance that the building and surrounding property will be used for residential purposes only;
[b]
Provisions for the repair and maintenance of all common areas and facilities as well as a method of fair payment for such repairs and maintenance;
[c]
Provisions for mutual consent prior to making structural, paint, or decorative changes to the building exterior;
[d]
Provisions for equitably resolving liens filed against areas of common responsibility or interest;
[e]
Provisions granting access or easement to each owner for the purpose of maintaining or repairing the structure and related facilities;
[f]
Assurance that the owner(s) will obtain insurance coverage in an amount not less than the full replacement value of the structure;
[g]
Provisions for liability and equitable treatment in the event of damage or destruction of the building due to fire or other casualty; and
[h]
Provisions for emergency action by one party in the absence of the other where an immediate threat exists to the property of the former.
[2]
Such owners agreement shall be filed with the Register of Deeds upon approval of the proposed development and shall become perpetual deed restrictions to the property.
§ 480-8 General Commercial District (C-1).
[Amended 8-12-2008 by Ord. No. 08-004; 11-8-2011 by Ord. No. 11-004; 7-11-2023 by Ord. No. 23-008; 4-8-2025 by Ord. No. 25-001]
A.
The C-1 District is intended to provide an area for the business and commercial needs of the community.
B.
The following uses of land are permitted in this district:
(1)
All typical retail and/or wholesale stores or shops.
(2)
All types of taverns, bars, restaurants.
(3)
Hotels, motels and rooming houses. A homeless shelter, transitional living, halfway house, sober house, recovery house or similar facility is not permitted.
(4)
Professional offices.
(5)
Public meeting places.
(6)
Banks and other financial institutions.
(7)
Gasoline service stations.
(8)
Establishments for the sale and service of motor vehicles.
(9)
Trucking companies.
(10)
Establishments for the sale and service of appliances.
(11)
Laundry and dry-cleaning establishments, both self-service and owner-operated.
(12)
Recreational businesses.
(13)
Parking lots.
(14)
Warehouses.
(15)
Churches.
(16)
Apartments above the first floor of commercial use. Minimum 600 square footage.
(17)
Residential space in the rear of commercial space, non-street-facing. Minimum 600 square footage.
(18)
Existing one-family detached dwellings.
(19)
Two-family buildings (including duplexes) and multifamily buildings.
(20)
Two-unit and three-unit apartments, above first floor.
(21)
Multifamily residential building (four or more units per structure).
C.
The following are permitted as conditional uses within this district. Such use shall be subject to the consideration of the Planning Commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic or health hazards and other factors:
(1)
Establishments for the sale or storage of lumber or other building materials.
(2)
Construction firms and construction equipment storage.
(3)
Farm equipment dealers and dealers in garden equipment, including power mowers.
(4)
Hay, grain and feed stores.
(5)
Greenhouses and nurseries.
(6)
Small shops for the sale and manufacture of machine elements.
(7)
Farm and garden supply stores.
(8)
Dealers in coal, wood fuel, and ice.
(9)
Fuel oil dealers.
(10)
Dealers in liquified petroleum gas (bottled gas).
(11)
Equipment rental and leasing services, that is, establishments which rent or lease construction equipment, floor sanding and waxing machines, ladders, scaffolds, tools, chairs or other furniture, or other types of machines, equipment or similar items.
(12)
Bowling alleys.
(13)
Skating rinks.
(14)
Commercial sports clubs, athletic fields, arenas, and similar facilities.
(15)
Golf or baseball driving ranges, archery ranges, miniature golf courses, and similar facilities.
(16)
Golf clubs and country clubs open to members but not to the general public.
(17)
Drive-in motion-picture theaters.
(18)
Summer resorts, winter resorts, tourist cottages or cabins, commercial camping and tenting areas, ski lodges and resorts, children's camps, and similar establishments.
(19)
Establishments primarily engaged in renting locker space for the storage of food products, including refrigerated storage of food products, and including those establishments which provide services or facilities for processing, preparing, or packaging food for such storage.
D.
Within the C-1 District the following standards shall apply:
(1)
Maximum building height: 50 feet.
(2)
Maximum or minimum building area: none.
(3)
Minimum front yard setback: 30 feet or to match adjacent buildings in Downtown District.
(4)
Minimum rear yard setback: 25 feet or to match adjacent buildings in Downtown District.
(7)
Truck unloading area: sufficient space so that no streets or alleys need be blocked.
E.
Downtown Design Review Overlay District.
(1)
Applicability. No person may erect, construct, reconstruct, move, or enlarge a commercial structure or commercial building or alter a commercial buildings or commercial structure's exterior architectural features or signs until a certificate of appropriateness has been approved by the Main Street Committee of the City of Oconto Falls. A certificate of appropriateness shall be in addition to any required building permit. A certificate of appropriateness shall not be required for interior alterations or design features not subject to any public view or for ordinary repairs and maintenance to the exterior of any structure or building where the purpose of such work is to correct any decay or damage and to restore, as nearly as practicable, its prior condition. The Main Street Committee has the authority to issue a certificate of appropriateness for a sign or repainting of existing features within the district.
(2)
Boundaries. The Downtown Design Review Overlay District shall include all commercial properties located within the area shown:
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F.
Measures or conditions of the Plan Commission, Board of Appeals, or other governmental body or official exercising authority under this chapter shall be subject to a forfeiture not to exceed $2,000. Each day such violation continues shall be deemed a separate offense.
§ 480-9 Industrial District (I-1).
A.
This district is intended to provide an area for manufacturing and industrial activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
B.
All uses within the Industrial District shall be conditional uses. The following are permitted as conditional uses within this district. Such uses shall be subject to the consideration of the Planning Commission working in concert with the Community Development Authority with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.[1]
(1)
Manufacturing establishments, usually described as factories, mills, or plants, in which raw materials are transformed into finished products and establishments engaged in assembling component parts of manufactured products.
(2)
Other industrial activities which possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage is enclosed by a suitable fence or other manner of screening.
(4)
Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than railroad companies or railroad terminal companies.
(5)
Uses customarily incident to, or similar to, the above uses.
(6)
A dwelling unit provided for a caretaker or superintendent, in the case of an industrial use which requires constant supervision.
C.
Within the I-1 District the following standards shall apply:
(1)
Maximum building height: 45 feet.
(2)
Maximum building area: none.
(3)
Minimum front yard setback: 30 feet (75 feet if parking is permitted in front yard).
(4)
Minimum rear yard setback: 25 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum average lot width: 100 feet.
(7)
Minimum parking provided: one space per two employees.
(8)
Truck unloading area: sufficient space so that no streets or alleys need be blocked.
§ 480-10 Industrial - Commercial District (I-2).
A.
This district is intended to provide an area for manufacturing and industrial activities and such commercial activities as may be approved by the Common Council. It is intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.
B.
All uses within the Industrial - Commercial District shall be conditional uses. The following are permitted as conditional uses within this district. Such uses shall be subject to the consideration of the Planning Commission working in concert with the Community Development Authority with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.[1]
(1)
Manufacturing establishments, usually described as factories, mills, or plants, in which raw materials are transformed into finished products and establishments engaged in assembling component parts of manufactured products.
(2)
Other industrial or commercial activities, such as warehouses and wholesale and/or retail establishments which require relatively large areas and possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.
(3)
The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage is enclosed by a suitable fence or other manner of screening.
(4)
Railroads, including rights-of-way, railroad yards, and structures normally incident to the operation of railroads, including station houses, platforms, and signal towers, but not including warehouses owned by companies other than railroad companies or railroad terminal companies.
(5)
Uses customarily incident to, or similar to, the above uses.
(6)
A dwelling unit provided for a caretaker or superintendent, in the case of an industrial use which requires constant supervision.
C.
Within the I-2 District the following standards shall apply:
(1)
Maximum building height: 45 feet.
(2)
Maximum building area: none.
(3)
Minimum front yard setback: 30 feet (75 feet if parking is permitted in front yard).
(4)
Minimum rear yard setback: 25 feet.
(5)
Minimum side yard setback: 10 feet.
(6)
Minimum average lot width: 100 feet.
(7)
Minimum parking provided: one space per two employees.
(8)
Truck unloading area: sufficient space so that no streets or alleys need be blocked.
§ 480-11 Special Purpose District (SP).
A.
This district is intended to provide for uses which present special problems, hazards or other circumstances with regard to the use of land. Included are those uses of land which require extremely large expanses of land; those which afford very severe hazards to health, safety, or other aspects of the general welfare; and those for which it is inappropriate or undesirable to have more than one instance of a given land use within one community or governmental jurisdiction.
B.
All uses within the Special Purpose District shall be conditional uses. The following are permitted as conditional uses within this district. All such uses shall be subject to the consideration and approval of the Planning Commission with regard to such matters as the creation of nuisance conditions for the public or for users of nearby areas, the creation of hazards to health or safety, or other factors affecting the general welfare.
(1)
Sand or gravel quarries, or facilities for the manufacture or processing of such products as sand, gravel, stone, or crushed stone.
(2)
Facilities for the production, mining, processing or storage of concrete, blacktop, asphalt, or other paving or road surfacing materials.
(3)
Aircraft landing fields, hangars, or accessory structures.
(4)
Refuse disposal sites, dumping grounds, sanitary landfill operations, or similar uses, with the specific provision that setbacks, screening, protective fencing, or some combination of these shall be provided in a manner adequate to protect the general public from any and all nuisances, hazards, or other harmful conditions.
C.
Within the SP District, the following standards shall apply: building heights and yard setbacks shall be determined individually by the Planning Commission.
§ 480-12 Conservancy District (CON).
A.
This district is intended to preserve the natural state of scenic areas in the City and to prevent the uncontrolled, uneconomical spread of residential or other development and to help discourage intensive development of marginal lands so as to prevent hazards to public and private property.
B.
The following uses of land are permitted in this district:
(1)
Public and private parks, picnic areas and similar uses.
(2)
Golf courses open to the public.
(3)
Hunting, fishing and trapping.
(4)
The management of wildlife, including waterfowl, fish, and other similar lowland animals, and nonresidential buildings used solely in conjunction with such activities.
(5)
Wildlife preserves.
(6)
Forestry and the management of forests.
(7)
Hiking trails and bridle paths.
(8)
Preservation of areas of scenic, historic or scientific value.
(9)
Uses similar and customarily incident to any of the above uses.
(10)
Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits and tree seeds.
C.
The following are permitted as conditional uses in the CON District:
(1)
Camping grounds open to the public.
(2)
Removal of topsoil or peat.
(3)
Piers, docks and boathouses.
(4)
Filling, drainage or dredging of wetlands, provided that this shall conform to any shoreland zoning ordinance enacted pursuant to § 59.692, Wis. Stats.
(5)
Relocation of any watercourse.
(6)
Utilities such as, but not restricted to, telephone, telegraph, power or other transmission lines.
(7)
Dams, flowages, ponds, and water storage and water pumping facilities.
(8)
Power plants deriving their power from the flow of water and transmission lines and other facilities accessory thereto.
D.
There are no setback, lot size, or other dimensional standards applicable in the CON District.
§ 480-13 Agricultural District (A).
A.
The A District provides exclusively for agricultural uses and uses compatible with agriculture. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services (such as sewer and water lines).
B.
The following uses are permitted in this district:
(1)
Farming, provided that buildings in which farm animals are kept shall be at least 100 feet from the nearest residential or commercial district.
(2)
Forestry, hatcheries, nurseries, orchards, paddocks, poultry raising and truck farming.
(3)
In-season roadside stands for the sale of farm products produced on the premises and up to two unlighted signs not larger than eight square feet each advertising such sale.
(4)
Farm dwellings for those resident owners and workers actually engaged in the principal permitted uses.
(5)
Uses customarily incident to any of the above uses, including residential use incident to any of the above uses.
C.
The following are permitted as conditional uses within this district:
(1)
Churches, schools, cemeteries, community parks and recreational areas.
(2)
Public and semipublic buildings.
(3)
Water storage facilities and power stations (provided that they are enclosed by an eight-foot or more protective fence).
(4)
Single-family residences, provided that they are located on tracts of five acres or more and that soils analysis indicates a suitability for private sewer and water systems.
(6)
Trap or skeet shooting facilities, target ranges, gun clubs, and shooting preserves.
(7)
Riding stables and riding schools.
D.
Within the A District the following standards shall apply: building heights and yard setbacks shall be determined individually by the Planning Commission.