A.

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

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 building permit and without full compliance with the provisions of this title 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 title. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.

2.

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

E.

Lots Abutting More Restrictive District. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the provisions in the more restricted district.

F.

Relationship with Other Laws. Where the conditions imposed by any part of this title are either more restrictive or less restrictive than comparable conditions imposed by any other laws, the regulations which are more restrictive shall be enforced.

(Prior Code, § 13-1-20; Code 1998, § 17.08.010; Ord. No. 346, § 1(part), 1997)

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 in accordance with Chapter 17.56, excepting those existent at the time of adoption of the zoning code.

2.

Conditional use, when replaced by a permitted use, shall terminate. In such case, the reestablishment of any previous conditional use, or establishment of a new conditional use shall require review, public hearing, and approval in accordance with Chapter 17.56.

3.

Conditional uses authorized by the planning 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 planning commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without planning commission approval and the procedures required in Chapter 17.56.

D.

Classification of Unlisted Uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in Chapter 17.16 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 planning 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 official and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

2.

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

3.

Determination. The determination of the zoning board of appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The zoning board of appeals shall determine if the classification of unlisted use is a permitted use, conditional use, or prohibited use in one or more of the districts established in Chapter 17.16.

4.

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

(Prior Code, § 13-1-21; Code 1998, § 17.08.020; Ord. No. 346, § 1(part), 1997)

A.

Lot Size; Frontage.

1.

After adoption of this zoning code, no lot area shall be so reduced so that the dimensional and the yard requirements, required by this title cannot be met. Lots existing and of record prior to the adoption of this title, but of substandard size, may be devoted to uses permitted in the district in which it is located.

2.

All lots shall abut upon a public street with at least 80 feet of frontage, unless a variance has been approved, or it is part of a planned unit development project, or it meets the definition of an irregular lot and has at least 20 feet of street frontage, and if the lot is pie-shaped and is at least 80 feet wide at the setback line.

3.

On corner lots, less than 80 feet wide and of record at the time of passage of this zoning code, where double frontage exists, the front yard setback of the side street shall be not less than the average of the adjoining properties.

4.

Where a lot has an area less than the minimum number of square feet required for the district in which it is located and was of record at the time of passage of this zoning code, the lot may be occupied by a one-family dwelling and subject to the requirements of Section 17.60.040.

B.

Setback Requirements; Off Streets. All building setback lines shall meet the minimum requirements listed in the district regulations except as provided below:

1.

A setback equal to the average setback of the existing principal buildings located within 500 feet of a proposed building site and on the same side of the street shall be permitted where five of these buildings do not conform with the appropriate setback line. Setback averaging shall be measured to the main portion of the principal structure not to porches, entryways, or other extensions from the main structure. However, for residential properties, regardless of the average measurement, the setback shall not be closer than ten feet from the road right-of-way.

2.

Minor, readily removable structures, such as open fences or signs, permitted by this title, may be placed within the setback line. Public utility equipment, without permanent foundations, are also permitted.

C.

Setback Requirements; Water. All primary and accessory structures, except boathouses, shall be at least 25 feet from the seasonal high-water line of rivers, streams and lakes. Boathouses shall have a five-foot setback.

D.

Principal Structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and two accessory buildings or uses may be located on a lot.

E.

Dedicated Street. All lots shall abut a public street. No building 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.

F.

Site Suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the council, upon the recommendation of the planning commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, and unfavorable topography.

G.

Preservation of Topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the common council, upon the recommendation of the planning 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.

H.

Decks. For purposes of this title, decks, porches and fireplace chases shall be considered a part of a building or structure.

I.

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

J.

Obstruction of Unplatted Lands. 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.

K.

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.

L.

Temporary Uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the zoning official. The zoning official may impose conditions on such temporary uses.

M.

Unclassified or Unspecified Uses. Unclassified or unspecified uses may be permitted by the zoning board of appeals after the planning commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

N.

Screening Regulations. Any use required by this title to be screened in accordance with this section shall be confined within an opaque fence or wall, in accordance with the fence ordinance, or a visual screen consisting of evergreen or evergreen type hedges or shrubs, spaced at intervals of not more than six feet located and maintained in good condition or in any way out of view of the public.

O.

Uses Not Requiring Building Permit.

1.

Any small, movable accessory or erection or construction such as bird houses, pet houses, play equipment, arbors; or such minor structures shall be limited to 16 square feet in floor space;

2.

Private sidewalks and driveways, poured or formed patios, decks and walkways that do not exceed six inches in height above ground level and which are not in a public right-of-way.

P.

Number of Tenants. No owner of any dwelling shall lease or enter any lease of any one dwelling unit to more than five persons not related by blood, marriage, adoption or legal guardianship, living together as a single housekeeping unit and using common cooking facilities, or more than ten persons living together as a single housekeeping unit and using common cooking facilities in a foster home wherein the foster parents have been licensed by the Wisconsin Department of Health Services.

Q.

Drainage Sanitation and Water Supply. Downspouts and pipes or hoses from sump pumps shall terminate at least eight feet from side or rear lot lines.

(Prior Code, § 13-1-22; Code 1998, § 17.08.030; Ord. No. 346, § 1(part), 1997)

A.

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

1.

Architectural projections and special structures. Projections, such as spires, belfries, parapet walls, cupolas, domes, flues, chimneys and cooling towers can exceed the height limitations in this and other chapters by a maximum of ten feet.

2.

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

3.

Communication structures, such as radio and television transmissions, receiving antennas, and aerials, shall not exceed in height three times their distance from the nearest lot line, except for ham radio operators engaging in emergency government or civil defense service. (State and local regulations of a station antenna must not preclude amateur service communications.)

4.

Height of detached garages can be increased up to a maximum of 18 feet for garages wider than 26 feet.

B.

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

1.

Uncovered stairs, landings and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.

2.

Architectural projections, such as sills, eaves and belt courses may project into any required yard a maximum of 12 inches.

3.

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

4.

Landscaping and vegetation are exempt from the yard requirements of this title, providing the required vision corners at street intersections can be met.

(Prior Code, § 13-1-23; Code 1998, § 17.08.040; Ord. No. 346, § 1(part), 1997; Ord. No. 372, § 1, 2001)