Onalaska City Zoning Code
CHAPTER 02
Zoning Districts
13.02.11 Establishment of zoning districts.
A.
Base districts. For the purpose of this chapter, present and future, provision is hereby made for the division of the City of Onalaska into the following base zoning districts:
1.
A-1 Agricultural District.
2.
R-1 Low-Density Residential District.
3.
R-2 Low-Medium Density Residential District.
4.
R-3 Medium-Density Residential District.
5.
R-4 High-Density Residential District.
6.
R-MMH Manufactured and Mobile Home District.
7.
B-1 Neighborhood Business District.
8.
B-2 Community Business District.
9.
B-3 Regional Business District.
10.
MU-N Mixed-Use Neighborhood District.
11.
MU-C Mixed-Use Community District.
12.
MC Medical Campus District.
13.
I-1 Light Industrial District.
14.
I-2 Heavy Industrial District.
15.
P-1 Public and Semi-Public District.
16.
P-2 Park and Open Space District.
B.
Overlay districts. In addition to the base zoning districts above, the following overlay districts have been established.
1.
Design overlay districts:
a.
PUD Planned Unit Development Overlay District.
b.
D-RN Downtown Residential Neighborhood Overlay District.
c.
D-PUD Downtown Planned Unit Development Overlay District.
d.
PCID Planned Commercial Industrial Overlay District.
e.
AOZD La Crosse Municipal Airport Overlay Zoning District.
2.
Natural and historic resource protection overlay districts:
a.
FP Floodplain Protection Overlay District.
b.
BP Bluffland Protection Overlay District.
c.
SP Shoreland Protection Overlay District.
d.
WP Wellhead Protection Overlay District.
e.
HP Historic Preservation Overlay District.
13.02.12 Zoning Map.
A.
The City of Onalaska is hereby divided into base zoning districts as shown upon the map designated as the Base Zoning Map of the City of Onalaska, updated annually, and all applicable amendments thereto and made a part of this chapter.[1]
[1]
Editor's Note: The Base Zoning Map is on file in the City offices.
B.
In addition to base zoning districts, the UDC establishes a number of overlay zoning districts which may be applied to applicable portions of the City of Onalaska. These overlay zoning districts may include but are not limited to natural and historic resource protection, airport land and airspace protection, and planned unit development. The overlay zoning districts are shown on the Overlay Zoning Map of the City of Onalaska, updated annually, and all applicable amendments thereto and made a part of this chapter.[2]
[2]
Editor's Note: The Overlay Zoning Map is on file in the City offices.
C.
The Base and Overlay Zoning Maps and all the notations, references and other information shown thereon are a part of this UDC and shall have the same force and effect as if the matters and information set forth by said maps were fully described herein.
D.
The Base and Overlay Zoning Maps shall be properly attested and kept on file along with the text of the UDC in the office of the City Engineer of the City of Onalaska.
13.02.13 District boundaries.
A.
The district boundaries shall be determined by measurement from and as shown on the Base and Overlay Zoning Maps, and in case of any questions as to the interpretation of such boundary lines, the Plan Commission shall interpret the maps according to the reasonable intent of this UDC.
B.
Where uncertainty exists as to the boundaries of districts as shown on the Base and Overlay Zoning Maps, the following rules shall apply:
1.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
2.
Boundaries indicated as approximately following platted lot lines shall be construed to following such lot lines.
3.
Boundaries indicated as approximately following City boundaries shall be construed as following municipal boundaries.
4.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
5.
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
6.
Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Base and Overlay Zoning Maps shall be the scale of the maps.
13.02.14 Vacation of streets and alleys.
A.
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.
13.02.15 Annexations.
A.
Recommendations regarding annexations to, or consolidations with, the City subsequent to the effective date of this Title shall be placed into the appropriate district by the Zoning Administrator based on the guidance of the Comprehensive Plan unless the application requests consideration of the land being placed into another district. Requests for annexation shall include consideration and recommendation by the Plan Commission and approval by the Common Council following the procedure set forth in Section 13.05.46.
13.02.16 Substandard lots.
A.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the Office of the La Crosse County Register of Deeds office before November 17, 1969, that has been deemed to be substandard due to lack of conformance with lot dimension or site dimension standards.
B.
All the district requirements shall be complied with insofar as practical but shall not be less than the following:
1.
Lot.
a.
Width: minimum 30 feet.
b.
Area: minimum 4,000 square feet.
2.
Building.
a.
Area: minimum 1,000 square feet.
b.
Height: maximum 30 feet.
3.
Yards.
a.
Street: minimum 25 feet; the second street yard on corner lots shall not be less than 10 feet.
b.
Rear: minimum 25 feet.
c.
Side: minimum 16% of the frontage, but not less than five feet.
13.02.17 Height and yard exceptions.
A.
Height. The districts' building height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
1.
No structure shall exceed the height restrictions established on the map entitled "Height Limitation Zoning Map," which is part of the La Crosse Municipal Airport Overlay Zoning District, as described in Section 13.02.36C.
2.
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this chapter.
3.
Special structures, including but not limited to elevator penthouses, gas tanks, 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.
4.
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
5.
Communication structures, such as radio and television transmission and relay towers, aerials and observation towers shall not exceed in height three times their distance from the nearest lot line.
6.
Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
B.
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
1.
Uncovered stairs, landings and fire escapes may project from a structure up to six feet into any yard, provided such projection is not closer than three feet to any lot line.
2.
Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet into a required side yard nor four feet into a required front yard.
3.
Essential services, utility electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
4.
Landscaping and vegetation are exempt from the yard requirements of this chapter, with the exception that any landscaping or vegetation shall be subject to the restrictions in Chapter 03, Division 3.
13.02.21 Purpose statements.
A.
The following are purpose statements for each of the City's base zoning districts:
1.
A-1 Agricultural. The purpose of the A-1 District is to maintain and conserve agricultural lands which are historically valuable for crop and animal production, pastureland and natural habitat for wildlife. This district is intended for large agricultural parcels but does allow farm-related dwellings.
2.
R-1 Low-Density Residential. The purpose of the R-1 District is to encourage the establishment and preservation of neighborhoods with single-household detached dwellings.
3.
R-2 Low-Medium Density Residential. The purpose of the R-2 District is to accommodate single-household detached dwellings, two-household dwellings, and zero-lot-line dwellings.
4.
R-3 Medium-Density Residential. The purpose of the R-3 District is to accommodate a mixture of single-household housing types, including single-household dwellings, two-household dwellings, zero-lot-line dwellings, and attached townhouses and row houses (up to eight units per parcel).
5.
R-4 High-Density Residential. The purpose of the R-4 District is to accommodate a range of medium-density and high-density housing types, including row houses, townhouses, and apartments.
6.
R-MMH Manufactured and Mobile Home. The purpose of the R-MMH District is to establish and preserve neighborhoods comprised of manufactured homes or mobile homes.
7.
B-1 Neighborhood Business. The purpose of the B-1 District is to accommodate small-scale commercial uses that are primarily intended to serve adjacent neighborhoods.
8.
B-2 Community Business. The purpose of the B-2 District is to provide shopping areas along major community roadways with moderately scaled commercial uses that are primarily intended to serve the local community.
9.
B-3 Regional Business. The purpose of the B-3 District is to accommodate large-scale commercial uses that benefit from access and visibility to major regional highways and are primarily intended to serve the regional market area.
10.
MU-N Mixed-Use Neighborhood. The purpose of the MU-N District is to provide areas for the development and redevelopment of land based on the design principles of traditional neighborhoods including a mix of complementary uses consisting of residential, commercial, civic, institutional, and open space uses in close proximity to each other; a mix of housing styles, types and sizes to accommodate households of all ages, sizes and incomes; compact and human-scale design; an interconnected street system with sidewalks, bikeways, and transit access; retain existing buildings with historical or architectural features that enhance the community's visual character; and preserve and incorporate significant environmental features.
11.
MU-C Mixed-Use Community. The purpose of the MU-C District is to provide areas for the development and redevelopment of land based on the design principles of pedestrian-oriented mixed-use districts that integrate retail, services, entertainment, civic, institutional, residential, and small parks/plazas. This district is characterized by multistory buildings, higher development densities, buildings located close to streets and sidewalks, and site and building design that create vibrant and unique places within the community.
12.
MC Medical Campus. The purpose of the MC District is to encourage and foster the planning, design and construction of well-functioning, attractive medical campus environments, and coordinate the master plans of these institutions with the City's plans, policies and zoning standards. It is intended, but not required, that multiple principal uses will be present on an overall campus facility without separate lots for each use.
13.
I-1 Light Industrial. The purpose of the I-1 District is to provide areas for light industrial uses, such as the assembly, fabrication, and processing of goods and materials, provided that industrial activities are conducted entirely within buildings and where the by-products of industrial activities, such as noise, odors, smoke, and storage are confined entirely within the buildings and ordinarily do not have nuisance impacts on surrounding properties.
14.
I-2 Heavy Industrial. The purpose of the I-2 District is to provide areas for heavy industrial uses, including the manufacturing, assembly, fabrication, processing, warehousing, distribution, and related operations that generally require larger land areas, significant exterior operation or storage of equipment and materials, and/or where the by-products of industrial activities, such as noise, odors, smoke and storage, may have nuisance impacts on surrounding properties.
15.
P-1 Public and Semi-Public. The purpose of the P-1 District is to provide areas for a variety of public and semipublic institutional uses that offer important services needed by the community, including governmental, educational, social service, religious, and cultural.
16.
P-2 Park and Open Space. The purpose of the P-2 District is to provide areas that reserve and protect land for recreational (active and passive), scenic and natural resource uses.
13.02.22 Use tables.
A.
General.
1.
Table 13.02.22-1: Principal Uses Table lists land uses and indicates whether they are permitted, permitted with standards, conditional, or prohibited. The table also includes references to whether additional use specific standards are applicable to that use. The following definitions shall be referenced when using Table 13.02.22-1:
a.
Permitted uses. A "P" in a cell of the use table indicates that the land use is allowed by right in that base zoning district.
b.
Permitted with standards uses. A "PS" in a cell of the use table indicates that the land use is allowed when standards identified in Chapter 02, Division 6, Use-Specific Standards, are met. Uses permitted with standards are also subject to all other applicable requirements of the UDC.
c.
Conditional uses. A "C" in a cell of the use table indicates that the land use is allowed in the base zoning district only upon approval of a conditional use permit as described in Section 13.05.22 and in compliance with any use specific standards identified in Chapter 02, Division 6, Use-Specific Standards. Uses subject to a conditional use permit are also subject to all other applicable requirements in the UDC.
d.
Prohibited uses. A blank cell in the use table indicates that the land use is prohibited in that base zoning district.
2.
Table 13.02.22-2: Accessory Uses Table lists accessory uses and indicates whether they are permitted or permitted with standards, conditional, or prohibited. The table also includes references to whether additional use specific standards are applicable to that use. The following definitions shall be referenced when using Table 13.02.22-2:
a.
Permitted uses. A "P" in a cell of the use table indicates that the accessory land use is allowed by right in that base zoning district.
b.
Permitted with standards uses. A "PS" in a cell of the use table indicates that the accessory land use is allowed when standards identified in Chapter 02, Division 6, Use-Specific Standards, are met. Uses permitted with standards are also subject to all other applicable requirements of the UDC.
c.
Conditional uses. A "C" in a cell of the use table indicates that the accessory land use is allowed in the base zoning district only upon approval of a conditional use permit as described in Section 13.05.22 and in compliance with any use specific standards identified in Chapter 02, Division 6, Use-Specific Standards. Uses subject to a conditional use permit are also subject to all other applicable requirements in the UDC.
d.
Prohibited uses. A blank cell in the use table indicates that the accessory land use is prohibited in that base zoning district.
3.
Unlisted uses. When a proposed land use is not explicitly listed in the use table, the Planning Department shall determine whether or not it is included in the definition of a listed use or is so consistent with the size, scale, operating characteristics, and external impacts of a listed use that it should be treated as the same use. Any such interpretation shall serve as a finding for future decisions of the City until the Zoning Administrator makes a different interpretation.
4.
Uses for properties within overlay zoning districts. When a property is located within the boundaries of one or more overlay districts, the most flexible use provision among the overlay and base zoning districts shall apply.
B.
Table 13.02.22-1: Principal Uses Table.
[Amended 3-9-2021 by Ord. No. 1698-2021; 10-11-2022 by Ord. No. 1752-2022; 4-9-2024 by Ord. No. 1779-2024]
Table 13.02.22-1: Principal Uses | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
P = Permitted PS = Permitted with standards C = Conditional Blank cell = Prohibited | ||||||||||||||||
Principal Use Type | Residential | Business | Mixed Use | Industrial | Agricultural | Public | ||||||||||
R-1 | R-2 | R-3 | R-4 | R-MMH | B-1 | B-2 | B-3 | MU-N | MU-C | MC | I-1 | I-2 | A-1 | P-1 | P-2 | |
Residential | ||||||||||||||||
Household Living | ||||||||||||||||
Dwelling, single-family | P | P | P | P | P | |||||||||||
Dwelling, manufactured home | P | |||||||||||||||
Dwelling, mobile home | P | |||||||||||||||
Dwelling, two-family | P | P | P | |||||||||||||
Dwelling, zero-lot-line | PS | PS | PS | |||||||||||||
Dwelling, attached townhouses or row houses | P | P | P | P | ||||||||||||
Dwelling, apartment mixed-use | P | P | P | P | ||||||||||||
Dwelling, live/work | P | P | P | P | P | |||||||||||
Dwelling, apartment | P | P | P | |||||||||||||
Dwelling, senior independent living | PS | PS | PS | PS | ||||||||||||
Planned residential development | PS | |||||||||||||||
Existing residences | P | P | P | P | P | P | P | |||||||||
Group living | ||||||||||||||||
Group home for adults | P | P | P | P | P | |||||||||||
Group home for foster children | P | P | P | P | P | P | ||||||||||
Senior care facility | P | P | P | P | ||||||||||||
Lodging | ||||||||||||||||
Bed-and-breakfast establishment | PS | PS | PS | PS | ||||||||||||
Hotel or motel | P | P | P | P | P | P | ||||||||||
Public, Social or Health Care | ||||||||||||||||
Cemetery | P | |||||||||||||||
Child-care center, licensed group | PS | PS | PS | PS | PS | PS | PS | |||||||||
Clinic, including medical, dental or therapeutic | P | P | P | P | P | |||||||||||
Club, lodge or meeting place of a noncommercial nature | P | P | P | P | P | |||||||||||
Correctional facility | P | |||||||||||||||
Day-care center, adult | P | P | P | P | P | P | P | |||||||||
Diagnostic or medical laboratory | P | P | P | P | P | P | ||||||||||
Funeral home or mortuary | PS | PS | PS | |||||||||||||
Hospital | PS | |||||||||||||||
Inpatient nursing, supervision, and other rehabilitative services | P | P | P | |||||||||||||
Municipal social, cultural, or recreational facility | P | P | P | P | P | P | ||||||||||
Municipal, county, state or federal administrative or services building | P | P | P | P | P | P | P | |||||||||
Outpatient health-care center | P | P | P | |||||||||||||
Place of worship | PS | PS | PS | PS | PS | PS | PS | |||||||||
School, college/university/trade/business | P | P | P | P | P | |||||||||||
School, elementary or secondary | PS | PS | PS | PS | ||||||||||||
Social assistance, welfare, or charitable services | PS | PS | PS | PS | PS | PS | PS | |||||||||
Business | ||||||||||||||||
Food or beverage services | ||||||||||||||||
Bar or drinking place | P | P | P | P | P | |||||||||||
Brewpub | PS | PS | PS | PS | PS | |||||||||||
Restaurant | P | P | P | P | P | |||||||||||
Specialty food or coffee shop | P | P | P | P | P | |||||||||||
Retail Sales or Services | ||||||||||||||||
Animal/veterinary clinic or hospital | P | P | PS | P | ||||||||||||
Animal boarding, shelter or day-care center | PS | PS | PS | PS | PS | |||||||||||
Automobile fueling, washing and service station | PS | PS | PS | PS | PS | |||||||||||
Automobile repair and service, minor | P | P | P | P | P | P | ||||||||||
Automobile repair and service, major | P | P | P | P | ||||||||||||
Automobile sales, leasing and service | P | P | ||||||||||||||
Business incubator | P | P | P | |||||||||||||
Car wash | P | P | P | P | ||||||||||||
Contractor/trade supply store | P | P | P | |||||||||||||
Personal service (hair salons, massage therapy, tattoo/body piercing parlor, etc.) | P | P | P | P | P | P | ||||||||||
Professional service | P | P | P | P | P | P | ||||||||||
Retail store, high-intensity | P | P | ||||||||||||||
Retail store, medium-intensity | P | P | P | P | ||||||||||||
Retail store, low-intensity | P | P | P | P | P | P | ||||||||||
Retail with residential above street level | P | P | P | P | P | |||||||||||
Retail with office above street level | P | P | P | P | P | |||||||||||
Shopping center, community | P | P | P | P | ||||||||||||
Shopping center, regional | P | P | P | |||||||||||||
Storage facility, personal | PS | PS | ||||||||||||||
Business or technical services | ||||||||||||||||
Laboratory, research/scientific/medical | P | P | P | P | ||||||||||||
Financial institutions/banks | P | P | P | P | P | P | ||||||||||
Office building | P | P | P | P | P | P | P | P | ||||||||
Payday, pawn, auto/title loan, currency exchange and similar uses | PS | PS | PS | |||||||||||||
Smoke shop | PS | PS | ||||||||||||||
Studio or gallery | P | P | P | P | P | P | P | |||||||||
Industrial | ||||||||||||||||
Brewery, winery or distillery | PS | PS | PS | PS | ||||||||||||
Construction contractor yard | P | P | ||||||||||||||
Makerspace | P | P | P | P | P | P | ||||||||||
Manufacturing, heavy | P | |||||||||||||||
Manufacturing, light | P | P | ||||||||||||||
Outside storage and manufacturing area | PS | |||||||||||||||
Printing and publishing, large-scale | P | P | P | |||||||||||||
Public works facility | P | P | P | |||||||||||||
Scrap or salvage storage yard | PS | |||||||||||||||
Storage and sale of machinery and equipment | PS | PS | PS | |||||||||||||
Warehouse and distribution facility | P | P | ||||||||||||||
Wholesale trade establishment | P | P | P | P | P | |||||||||||
Arts, Entertainment or Recreation | ||||||||||||||||
Active park or playground | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
Adult-oriented entertainment business | PS | PS | ||||||||||||||
Indoor recreational facility, commercial | P | P | P | P | P | P | ||||||||||
Indoor recreational facility, public | P | P | P | P | P | |||||||||||
Outdoor recreational facility, commercial | PS | PS | PS | PS | PS | |||||||||||
Outdoor recreational facility, public | PS | PS | PS | PS | PS | |||||||||||
Theater, dance or music performance facility | P | P | P | P | P | PS | ||||||||||
Wellness, fitness and exercise facility | P | P | P | P | P | P | ||||||||||
Natural Resources or Agriculture | ||||||||||||||||
Agriculture - raising of crops | P | |||||||||||||||
Agriculture - raising of livestock | P | |||||||||||||||
Arboretum | P | P | ||||||||||||||
Commercial greenhouse or nursery | P | P | P | P | ||||||||||||
Extraction of sand, gravel, or other materials | P | |||||||||||||||
Forestry | P | P | ||||||||||||||
Wildlife or nature preserve/conservation area | P | P | ||||||||||||||
Transportation | ||||||||||||||||
Airport | PS | PS | PS | PS | ||||||||||||
Ambulance or medical carrier service | P | P | P | P | P | |||||||||||
Public passenger transportation terminal (air, bus or rail) | PS | PS | PS | PS | PS | PS | PS | PS | ||||||||
Parking, multilevel structure | PS | PS | PS | PS | PS | PS | PS | PS | ||||||||
Parking, standalone lot | P | |||||||||||||||
Freight rail yard | P | |||||||||||||||
Freight terminal or transshipment facility | P | |||||||||||||||
Utilities | ||||||||||||||||
Essential public services | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS |
Municipal earth or sanitary landfill operation | P | P | P | P | ||||||||||||
Stormwater ponding | P | |||||||||||||||
Telecommunication structure or tower | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS |
Waste collection, storage or processing (sewer, solid, hazardous) | P | P | ||||||||||||||
Water reservoir | P | |||||||||||||||
C.
Table 13.02.22-2: Accessory Uses Table.
Table 13.02.22-1: Principal Uses | ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
P = Permitted PS = Permitted with standards C = Conditional Blank cell = Prohibited | ||||||||||||||||
Principal Use Type | Residential | Business | Mixed Use | Industrial | Agricultural | Public | ||||||||||
R-1 | R-2 | R-3 | R-4 | R-MMH | B-1 | B-2 | B-3 | MU-N | MU-C | MC | I-1 | I-2 | A-1 | P-1 | P-2 | |
Residential | ||||||||||||||||
Household Living | ||||||||||||||||
Dwelling, single-family | P | P | P | P | P | |||||||||||
Dwelling, manufactured home | P | |||||||||||||||
Dwelling, mobile home | P | |||||||||||||||
Dwelling, two-family | P | P | P | |||||||||||||
Dwelling, zero-lot-line | PS | PS | PS | |||||||||||||
Dwelling, attached townhouses or row houses | P | P | P | P | ||||||||||||
Dwelling, apartment mixed-use | P | P | P | P | ||||||||||||
Dwelling, live/work | P | P | P | P | P | |||||||||||
Dwelling, apartment | P | P | P | |||||||||||||
Dwelling, senior independent living | PS | PS | PS | PS | ||||||||||||
Planned residential development | PS | |||||||||||||||
Existing residences | P | P | P | P | P | P | P | |||||||||
Group living | ||||||||||||||||
Group home for adults | P | P | P | P | P | |||||||||||
Group home for foster children | P | P | P | P | P | P | ||||||||||
Senior care facility | P | P | P | P | ||||||||||||
Lodging | ||||||||||||||||
Bed-and-breakfast establishment | PS | PS | PS | PS | ||||||||||||
Hotel or motel | P | P | P | P | P | P | ||||||||||
Public, Social or Health Care | ||||||||||||||||
Cemetery | P | |||||||||||||||
Child-care center, licensed group | PS | PS | PS | PS | PS | PS | PS | |||||||||
Clinic, including medical, dental or therapeutic | P | P | P | P | P | |||||||||||
Club, lodge or meeting place of a noncommercial nature | P | P | P | P | P | |||||||||||
Correctional facility | P | |||||||||||||||
Day-care center, adult | P | P | P | P | P | P | P | |||||||||
Diagnostic or medical laboratory | P | P | P | P | P | P | ||||||||||
Funeral home or mortuary | PS | PS | PS | |||||||||||||
Hospital | PS | |||||||||||||||
Inpatient nursing, supervision, and other rehabilitative services | P | P | P | |||||||||||||
Municipal social, cultural, or recreational facility | P | P | P | P | P | P | ||||||||||
Municipal, county, state or federal administrative or services building | P | P | P | P | P | P | P | |||||||||
Outpatient health-care center | P | P | P | |||||||||||||
Place of worship | PS | PS | PS | PS | PS | PS | PS | |||||||||
School, college/university/trade/business | P | P | P | P | P | |||||||||||
School, elementary or secondary | PS | PS | PS | PS | ||||||||||||
Social assistance, welfare, or charitable services | PS | PS | PS | PS | PS | PS | PS | |||||||||
Business | ||||||||||||||||
Food or beverage services | ||||||||||||||||
Bar or drinking place | P | P | P | P | P | |||||||||||
Brewpub | PS | PS | PS | PS | PS | |||||||||||
Restaurant | P | P | P | P | P | |||||||||||
Specialty food or coffee shop | P | P | P | P | P | |||||||||||
Retail Sales or Services | ||||||||||||||||
Animal/veterinary clinic or hospital | P | P | PS | P | ||||||||||||
Animal boarding, shelter or day-care center | PS | PS | PS | PS | PS | |||||||||||
Automobile fueling, washing and service station | PS | PS | PS | PS | PS | |||||||||||
Automobile repair and service, minor | P | P | P | P | P | P | ||||||||||
Automobile repair and service, major | P | P | P | P | ||||||||||||
Automobile sales, leasing and service | P | P | ||||||||||||||
Business incubator | P | P | P | |||||||||||||
Car wash | P | P | P | P | ||||||||||||
Contractor/trade supply store | P | P | P | |||||||||||||
Personal service (hair salons, massage therapy, tattoo/body piercing parlor, etc.) | P | P | P | P | P | P | ||||||||||
Professional service | P | P | P | P | P | P | ||||||||||
Retail store, high-intensity | P | P | ||||||||||||||
Retail store, medium-intensity | P | P | P | P | ||||||||||||
Retail store, low-intensity | P | P | P | P | P | P | ||||||||||
Retail with residential above street level | P | P | P | P | P | |||||||||||
Retail with office above street level | P | P | P | P | P | |||||||||||
Shopping center, community | P | P | P | P | ||||||||||||
Shopping center, regional | P | P | P | |||||||||||||
Storage facility, personal | PS | PS | ||||||||||||||
Business or technical services | ||||||||||||||||
Laboratory, research/scientific/medical | P | P | P | P | ||||||||||||
Financial institutions/banks | P | P | P | P | P | P | ||||||||||
Office building | P | P | P | P | P | P | P | P | ||||||||
Payday, pawn, auto/title loan, currency exchange and similar uses | PS | PS | PS | |||||||||||||
Smoke shop | PS | PS | ||||||||||||||
Studio or gallery | P | P | P | P | P | P | P | |||||||||
Industrial | ||||||||||||||||
Brewery, winery or distillery | PS | PS | PS | PS | ||||||||||||
Construction contractor yard | P | P | ||||||||||||||
Makerspace | P | P | P | P | P | P | ||||||||||
Manufacturing, heavy | P | |||||||||||||||
Manufacturing, light | P | P | ||||||||||||||
Outside storage and manufacturing area | PS | |||||||||||||||
Printing and publishing, large-scale | P | P | P | |||||||||||||
Public works facility | P | P | P | |||||||||||||
Scrap or salvage storage yard | PS | |||||||||||||||
Storage and sale of machinery and equipment | PS | PS | PS | |||||||||||||
Warehouse and distribution facility | P | P | ||||||||||||||
Wholesale trade establishment | P | P | P | P | P | |||||||||||
Arts, Entertainment or Recreation | ||||||||||||||||
Active park or playground | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
Adult-oriented entertainment business | PS | PS | ||||||||||||||
Indoor recreational facility, commercial | P | P | P | P | P | P | ||||||||||
Indoor recreational facility, public | P | P | P | P | P | |||||||||||
Outdoor recreational facility, commercial | PS | PS | PS | PS | PS | |||||||||||
Outdoor recreational facility, public | PS | PS | PS | PS | PS | |||||||||||
Theater, dance or music performance facility | P | P | P | P | P | PS | ||||||||||
Wellness, fitness and exercise facility | P | P | P | P | P | P | ||||||||||
Natural Resources or Agriculture | ||||||||||||||||
Agriculture - raising of crops | P | |||||||||||||||
Agriculture - raising of livestock | P | |||||||||||||||
Arboretum | P | P | ||||||||||||||
Commercial greenhouse or nursery | P | P | P | P | ||||||||||||
Extraction of sand, gravel, or other materials | P | |||||||||||||||
Forestry | P | P | ||||||||||||||
Wildlife or nature preserve/conservation area | P | P | ||||||||||||||
Transportation | ||||||||||||||||
Airport | PS | PS | PS | PS | ||||||||||||
Ambulance or medical carrier service | P | P | P | P | P | |||||||||||
Public passenger transportation terminal (air, bus or rail) | PS | PS | PS | PS | PS | PS | PS | PS | ||||||||
Parking, multilevel structure | PS | PS | PS | PS | PS | PS | PS | PS | ||||||||
Parking, standalone lot | P | |||||||||||||||
Freight rail yard | P | |||||||||||||||
Freight terminal or transshipment facility | P | |||||||||||||||
Utilities | ||||||||||||||||
Essential public services | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS |
Municipal earth or sanitary landfill operation | P | P | P | P | ||||||||||||
Stormwater ponding | P | |||||||||||||||
Telecommunication structure or tower | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS | PS |
Waste collection, storage or processing (sewer, solid, hazardous) | P | P | ||||||||||||||
Water reservoir | P | |||||||||||||||
13.02.23 Lot and site dimensions.
A.
Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located. Every lot shall front or abut for a distance of at least 45 feet on a public street that curves or terminates in a dead end or cul-de-sac.
B.
Principal structures.
1.
All principal structures shall be located on a lot.
2.
Only one principal structure shall be located, erected or moved onto a residential lot in the R-1 and R-2 Districts.
3.
More than one principal structure shall be allowed on a lot for manufactured and mobile home, medium-density residential, high-density residential, business, industrial, and planned unit development uses as long as:
a.
The standards of the applicable zoning district can be met.
b.
A minimum separation of 20 feet per building is maintained.
c.
Individual buildings are not sold independently.
d.
Any future subdivision can only occur if setbacks of the zoning district can be met and easements established as needed for access and parking.
e.
Parking and access is evaluated and maintained on a shared basis between buildings.
C.
Dedicated street. A site plan permit shall only be issued for a lot which abuts a public street dedicated to its proposed width.
13.02.24 Lot Dimension Standards Table.
A.
Table 13.02.24-1 establishes the minimum lot development standards for all base zoning districts.
Table 13.02.24-1 Lot Dimension Standards Table | |||
|---|---|---|---|
Zoning District | Use Type | Lot Area Minimum (square feet) | Lot Frontage Minimum (feet) |
R-1 Low-Density Residential | Single-family dwelling | 7,200 | 70 |
Other permitted/permitted with standard uses | 10,000 | 100 | |
R-2 Low-Medium Density Residential | Single-family dwelling | 6,500 | 60 |
Two-family dwelling (duplex) | 7,700 | 70 | |
Zero-lot-line dwelling (twindo) | 7,700 total for both lots | 35 | |
Other permitted/permitted with standard uses | 10,000 | 100 | |
R-3 Medium-Density Residential | Single-family dwelling | 6,000 | 60 |
Two-family dwelling (duplex) | 7,000 | 60 | |
Zero-lot-line dwelling (twindo) | 7,700 total for both lots | 35 | |
Attached townhouse or row house dwelling on individual lots | 3,500 per lot | 30 | |
Attached townhouse or row house dwelling with common yard | 3,000 for each unit, including each unit's portion of the common yard | 90 | |
Apartment with residential support services | 10,000; with minimum 2,000 SF per 1-BR unit, 2,500 SF per 2-BR unit, and 3,000 SF per 3-BR unit | 100 | |
Other permitted/permitted with standard uses | 10,000 | 100 | |
R-4 High-Density Residential | Attached townhouse or row house dwelling on individual lots | 3,500 per lot | 30 |
Attached townhouse or row house dwelling with common yard | 3,000 for each unit, including each unit's portion of the common yard | 90 | |
Live/work dwelling | 10,000; with minimum 2,000 SF per 1-BR unit, 2,500 SF per 2-BR unit, and 3,000 SF per 3-BR unit | 100 | |
Apartment dwelling | |||
Apartment with residential support services | |||
Other permitted/permitted with standard uses | 10,000 | 100 | |
R-MMH Manufactured and Mobile Home | Manufactured home or mobile home | 15 acres per mobile home community; 10 spaces per acre; 4,000 SF per individual space | 40 |
Other permitted/permitted with standard uses | 10,000 | 100 | |
MU-N Mixed-Use Neighborhood | All uses | None | None |
MU-C Mixed-Use Community | All uses | None | None |
MC Medical Campus | All uses | 5 developable contiguous acres | 200 |
All business districts | All uses | None | None |
All industrial districts | All uses | None | 100 |
A-1 Agricultural | Farms | 10 acres | 200 |
Other permitted/permitted with standard uses | None | None | |
P-1 Public and Semi-Public | All uses | None | None |
P-2 Park and Open Space | All uses | None | None |
13.02.25 Site Dimension Standards Table.
A.
Table 13.02.25-1 establishes the minimum site dimension standards for all base zoning districts. All site dimension standards shown are subject to the height and yard exceptions in Section 13.02.17 and any applicable AOZD limitations in Section 13.02.36.
B.
Required setbacks apply to principal structures, access drives, and parking. Required setbacks shall not apply to landscaping, stormwater facilities, or required fencing or buffering.
C.
Street yard setback may be averaged between two abutting property street yard setbacks in the R-1, R-2, R-3 and R-4 Districts.
D.
No existing 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.
E.
Base district setbacks in Table 13.02.25-1 may be superseded by an applicable overlay district.
Table 13.02.25-1: Site Dimension Standards | ||||||
|---|---|---|---|---|---|---|
Zoning District | Street Yard Setback (min. feet) | Street Yard Setback (max. feet) | Rear Yard Setback (min. feet) | Side Yard Setback (min. feet) | Building Width (min. feet) | Building Height (max. feet) |
R-1 Low-Density Residential | 25 | 40 | 30 | 6 | 20 | 35 |
Cul-de-sac 60 | ||||||
R-2 Low-Medium Density Residential | 25 | 40 | 30 | 6 | 20 | 35 |
Cul-de-sac 60 | Two-family dwelling and zero-lot-line dwelling 10 | |||||
R-3 Medium-Density Residential | 25 | 40 | 30 | 10 | 20 | 40 |
Cul-de-sac 60 | ||||||
R-4 High-Density Residential | 25 | 40 | 30 | 10 | 20 | 60 |
R-MMH Manufactured and Mobile Home | 40 minimum from all public ROW 10 minimum from any common area | None | 10 | 10 | None | None |
B-1 Neighborhood Business | None, 6 if required | None | 10 | None, or 6 if required | None | 45 |
B-2 Community Business | None, 6 if required | None | 10 | None, or 6 if required | None | 45 |
B-3 Regional Business | 10 | None | 10 | None, or 6 if required | None | 60 |
MU-N Mixed-Use Neighborhood | None, 6 if required | 25 | 20 | 6 | None | 45 |
MU-C Mixed-Use Community | None, 6 if required | 10 | 10 | None, or 6 if required | None | 60 |
MC Medical Campus | 20 | None | 20 | 20 | None | 100 |
I-1 Light Industrial | 10 | None | 10 | None, or 6 if required | None | 100 |
I-2 Heavy Industrial | 10 | None | 10 | None, or 6 if required | None | 100 |
A-1 Agricultural | 50 | None | 10 | 50 | None | 50 |
P-1 Public and Semi-Public | 20 | None | 20 | 20 | None | 45 |
P-2 Park and Open Space | None | None | 10 | 10 | None | None |
13.02.31 Standards and requirements; types.
A.
The standards and requirements listed in an overlay district shall supersede those listed in the underlying base districts. All other zoning requirements not specifically listed in the overlay district, but included in the Onalaska UDC, shall apply. The five types of design overlay districts include:
1.
Planned Unit Development (PUD).
2.
Downtown Residential Neighborhoods (D-RN).
3.
Downtown Planned Unit Development (D-PUD).
4.
Planned Commercial Industrial Development (PCID).
5.
La Crosse Municipal Airport Overlay Zoning District (AOZD).
13.02.32 Planned Unit Development (PUD) Overlay District.
[Amended 9-9-2025 by Ord. No. 1829-2025]
A.
Applicability. A Planned Unit Development (PUD) may be used as an overlay zoning district over any base zoning district or combination of zoning districts. A PUD may ask for a maximum of five deviations from the UDC for the life of the development, subject to approval by the Common Council.
B.
Size. PUDs shall be on a tract of land not less than one acre.
C.
Ownership. An application for a PUD must be filed by the owner(s) or an authorized agent of the owner(s).
D.
Permitted uses. Permitted uses shall generally be consistent with the permitted uses of the underlying base district. However, a PUD application can request alternative uses as a deviation.
E.
Dimensional and design standards. The following provisions shall be applied by the Plan Commission and Common Council in their consideration of a PUD:
1.
Density. A PUD shall be designed in a manner that reduces negative effects on adjacent properties and provides adequate public and private services/infrastructure to serve the proposed density of the development.
2.
PUD perimeter. A PUD shall be designed to complement existing adjacent uses and infrastructure.
3.
Lot dimension standards. Lot area may vary from the underlying base district standard in a PUD.
4.
Site dimension standards. Setbacks may vary as a deviation from underlying base district standards in a PUD. Building height may vary as a deviation from the underlying base district standard. The City may request cross sections, elevations and other information from the developer in order to make a determination.
5.
Environmental and cultural design. A PUD shall be designed to preserve existing vegetation and natural topography and cultural/historical resources where practical and shall be consistent with the goals and objectives of the Comprehensive Plan.
6.
Architecture. A PUD shall include and incorporate architectural planning by the developer and implementation provisions for controlling the architecture by protective covenants, design overlay districts enforced by the City or other legal methods as needed.
7.
Parking. Parking ratios may deviate from the off-street parking space standards in a PUD. Where alternative parking ratios are not stated in the PUD application, they shall conform to Section 13.03.21, Parking.
8.
Streets, utilities and drainage. All publicly dedicated streets, utilities and stormwater facilities shall be designed in accordance with City ordinances and policies. The City may consider flexible standards for streets if the developer has demonstrated that the proposed design and layout warrants varying standards and the design meets the provisions of this Title.
9.
Circulation/Access. Vehicular access to lots adjoining an arterial as defined by the functional classification system shall be designed by way of a frontage road, service road or local street. Streets in a PUD shall be designed to promote a grid network of streets, minimizing dead ends and cul-de-sacs and connecting to adjoining developments where streets have been ‘"stubbed in" for the purpose of continuation. A PUD shall include provisions for pedestrians, bicycles and transit as appropriate.
10.
Landscaping. A landscape plan shall be included in the PUD to delineate any requested deviations from the UDC. Final approval of a landscape plan shall occur during the site plan review process.
11.
Signs. A signage plan shall be included in the PUD to delineate any requested deviations from the Sign Ordinance, Title 14.
13.02.33 Downtown Residential Neighborhood (D-RN) Overlay District.
A.
Applicability. A Downtown Residential Neighborhood (D-RN) may be used as an overlay district for single-family and/or two-family residential properties as shown on the Downtown Overlay Districts Map (Figure 13.02.33-1).
B.
Ownership. An application for a D-RN Overlay District must be filed by the owner(s) or an authorized agent of the owner(s).
C.
Dimensional standards.
1.
Lot frontage. All principal structures shall occupy a minimum of 33% of the lot frontage. Corner lots shall be subject to 33% minimum lot frontage on both street frontages.
2.
Building width: minimum 20 feet (principal structure).
3.
Building height: maximum 35 feet.
4.
Street yard setback. Build-to-line is equal to that of the forward most principal structure of an adjacent neighboring property. Minimum setback of 15 feet and maximum setback of 25 feet.
5.
Side yard setback: minimum six feet.
6.
Rear yard setback: minimum 30 feet.
D.
Porch/accessory structure standards.
1.
Porches and/or stoops may extend into the required street yard up to an additional 10 feet, but in no case be closer than five feet to the street yard parcel boundary.
2.
Garages shall be accessed off of an alley if an alley is present. If an alley is not present, a garage may be accessed off a public street; however, if a garage faces the public street, it may not exceed 33% of the lot frontage.
3.
Accessory structures shall not exceed 20 feet in height and/or exceed the height of the principal structure.
4.
Driveways shall not exceed a width of 24 feet.
E.
Conversion from downtown residential neighborhood to downtown planned unit development.
1.
If a minimum of 1/4 acre of land (10,890 square feet) is amassed by a single entity, an applicant/developer may petition the Plan Commission and Common Council to consider a downtown planned unit development.
2.
The applicant/developer shall submit a letter describing the proposed project and a conceptual plan with proposed architecture, building height, and other information as requested to the Plan Commission for consideration. If the Plan Commission recommends to the Common Council to allow a downtown planned unit development and the Common Council approves the concept, the formal review process as described in Section 13.05.25 shall apply.
13.02.34 Downtown Planned Unit Development (D-PUD) Overlay District.
[Amended 7-12-2022 by Ord. No. 1740-2022; 9-9-2025 by Ord. No. 1829-2025]
A.
Applicability. A Downtown Planned Unit Development (D-PUD may be used as an overlay zoning district for any land use or mix of land uses on downtown properties as shown on the Downtown Overlay Districts Map (Figure 13.02.33-1). A D-PUD may ask for a maximum of five deviations from the UDC for the life of the development, subject to approval by the Common Council.
Figure 13.02.33-1: Downtown Overlay Districts Map  |
B.
Ownership. An application for a D-PUD must be filed by the owner(s) or an authorized agent of the owner(s).
C.
Permitted uses. Permitted uses shall generally be consistent with the permitted uses of the underlying base district. However, a D-PUD application can request alternative uses as a deviation.
D.
Dimensional and design standards. The following provisions shall be applied by the Plan Commission and Common Council in their consideration of a D-PUD:
1.
Density. A D-PUD shall be designed in a manner that reduces negative effects on adjacent properties and provides adequate public and private services/infrastructure to serve the proposed density of the development.
2.
PUD perimeter. A D-PUD shall be designed to complement existing adjacent uses and infrastructure.
3.
Lot dimension standards. Lot area may vary from the underlying base district standard in a D-PUD as a deviation.
4.
Site dimension standards. Setbacks may vary as a deviation from underlying base zoning district standards in a D-PUD. Building height may vary as a deviation from the underlying base district standard. The City may request cross sections, elevations and other information from the developer in order to make a determination.
5.
Environmental and cultural design. A D-PUD shall be designed to preserve existing vegetation and natural topography and cultural/historical resources where practical and shall be consistent with the goals and objectives of the Comprehensive Plan.
6.
Architecture. A D-PUD shall include and incorporate architectural design by the developer and implementation provisions for controlling the architecture by protective covenants, architectural zoning standards or other legal methods as needed.
7.
Parking. Parking ratios may deviate from the off-street parking space standards in a D-PUD. Where alternative parking ratios are not stated in the D-PUD application, they shall conform to the Section 13.03.21, Parking.
a.
Any property owner of a non-residential use on a parcel located in Downtown Onalaska, between US HWY 35 (2nd Avenue) and 4th Street and King Street and Irvin Street, may request to utilize the following standards as a means to provide reduced off-street parking for their respective use. The following standards shall only be considered for non-residential uses. All residential uses are required to provide the minimum amount of parking as defined by Table 13.03.21-1.
b.
Downtown parking reduction request review standards. The following standards shall be applied by the Zoning Administrator, Plan Commission and Common Council, as required, in the consideration of a Parking Reduction Level 1 or Level 2 request:
i.
Uses. All existing and proposed uses within Downtown Onalaska as defined above shall conform to the respective zoning district as outlined in Table 13.02.37-1, unless additional uses are allowed via an approved D-PUD. Owners shall provide applicable necessary data for the Planning Department to determine required parking minimum(s) for all existing and proposed use(s) located on a property.
ii.
Existing site parking. Owner to provide details of current available off-street parking (i.e., total current parking, proposed parking, parking agreements, etc.).
iii.
Additional information. The Zoning Administrator may request additional information as deemed necessary to process a Parking Reduction Level 1 or Level 2 request.
c.
Parking reduction request amounts:
i.
Parking Reduction Level 1. Upon request of a property owner, the Zoning Administrator may allow up to 25% reduction in the minimum parking stall requirement (excluding residential uses).
ii.
Parking Reduction Level 2. Property owner may request Plan Commission and Common Council consideration to further allow up to a total of a 50% reduction in the minimum parking stall requirement (excluding residential uses).
8.
Streets, utilities and drainage. All publicly dedicated streets, utilities and stormwater facilities shall be designed in accordance with City of Onalaska ordinances and policies. The City may consider flexible standards for streets if the developer has demonstrated that the proposed design and layout warrants varying standards and the design meets the provisions of this Title.
9.
Circulation/access. A D-PUD shall include provisions for access to pedestrian/bicycle trails and transit as applicable.
10.
Landscaping. A landscape plan shall be included in the D-PUD to delineate any requested deviations from the UDC. Final approval of a landscape plan shall occur during the site plan review process.
E.
Signs. A signage plan shall be included in the D-PUD to delineate any requested deviations from the Sign Ordinance, Title 14.
13.02.35 Planned Commercial Industrial Development (PCID) Overlay District.
A.
Applicability. All existing Planned Commercial Industrial Developments (PCIDs) were intended to provide a desirable and stable environment in harmony with that of the surrounding area; permit flexibility that would result in a more efficient and aesthetic use of land; permit flexibility in design, type of use or buildings, use of open spaces, circulation facilities and off-street parking; and utilize the best potential of sites. The approved plan for a PCID area does not necessarily correspond in lot size, type of building, lot coverage or open space to the regulations in any one zoning district established in the City of Onalaska UDC. The PCID plan includes all agreements, bylaws, covenants, grants of easements and conditions relating to use, location, project size and area, and open space.
B.
Purpose. The purpose of this section is to continue existing PCIDs approved under provisions of the previous UDC. No new PCIDs shall be approved. Existing PCIDs shall be in compliance with their final implementation plan for the development, as well as all other commitments and contractual agreements with the City, offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out as presented in the official submittal plans, such plans having been recorded in the City Clerk's office by the developer.
C.
Status of existing PCIDs. Land uses permitted by existing approved PCIDs remain permitted uses in the zoning district in which the property is located and are hereby continued in full force and effect.
D.
General compliance for continued PCID uses. Any property within an existing PCID shall comply with all provisions of the PCID which were in effect on the approval date of the PCID. If it is subsequently determined that a property is not in compliance with the provisions of the continued PCID, the property owner shall take whatever actions are necessary to bring the property into compliance with the conditions and provisions set forth in the approved PCID, including submitting an application for a minor or major amendment to the PCID. An application for a PCID minor amendment shall follow the procedure specified in Section 13.05.26. An application for a PCID major amendment shall follow the procedure specified in Section 13.05.27 and will require conversion of the PCID to a PUD. Failure to bring the PCID into compliance within 12 months of written notification of noncompliance by the City shall be grounds for termination of the continued PCID. The procedure to be followed in terminating the PCID shall be that specified in Section 13.05.27. Upon termination of the continued PCID, the use shall be subject to the regulations for the underlying base district and all other applicable provisions of the UDC.
13.02.36 La Crosse Municipal Airport Overlay Zoning District (AOZD).
A.
Purpose. The general purpose and intent of this section is to assume jurisdiction to administer the City of La Crosse's Airport Zoning Overlay Regulations (AOZD Regulations) for those areas affected by the City of La Crosse Airport Zoning Overlay District (AOZD) which fall within the City of Onalaska corporate limits, as defined below in Subsection B. Further, to provide citizens of the City of Onalaska with clarification of the requirements under the AOZD regulations which are applicable to the area within the City of Onalaska jurisdictional boundary as defined below in Subsection B. The purpose of the AOZD regulations, of which the City of Onalaska shall be responsible for implementing in their jurisdictional boundary, include to:
1.
Promote the public health, safety, convenience, and general welfare of the residents surrounding the airport;
2.
Protect the airport approaches and surrounding airspace from encroachment, as well as limit the exposure of impacts to persons, property, and facilities in proximity to the airport, located within the area encompassed by the AOZD;
3.
Impose land use controls, which are in addition to those underlying zoning classifications, that will maintain a compatible relationship between airport operations and existing and future land uses within the City of Onalaska three-mile jurisdictional boundary as defined below;
4.
Regulate and restrict the height of structures and objects of natural growth, concentrations of people (density), visual obstructions (smoke, steam, dust, etc.), electrical and navigational interference, noise-sensitive land uses, and wildlife and bird attractants within the City of Onalaska three-mile jurisdictional boundary as defined below in Subsection B;
5.
Implement recommendations developed in the La Crosse Regional Airport Master Plan, Airport Land Use Plan, Airport Layout Plan and/or City of Onalaska Master Plan for those areas within the City of Onalaska three-mile jurisdictional boundary as defined below in Subsection B;
6.
Promote compatible land uses while respecting the physical characteristics of the area, the airport, and surrounding property within the City of Onalaska's three-mile jurisdictional boundary as defined below in Subsection B;
7.
Promote development in an orderly, planned, cost-effective, and environmentally sound manner within the City of Onalaska three-mile jurisdictional boundary as defined below in Subsection B;
8.
Regulate and restrict building sites, placement of structures, and land uses by separating conflicting land uses and prohibiting certain land uses that are detrimental to airport operations, navigable airspace, and the airport and by limiting conflicts with airport operations, navigable airspace, and provide for the public health, safety, and welfare of residents located in the vicinity of the airport within the City of Onalaska three-mile jurisdictional boundary of the AOZD;
9.
Provide a uniform basis for the preparation, implementation, and administration of sound airport protection regulations for all areas within the City of Onalaska three-mile jurisdictional boundary of the AOZD.
B.
Authority and jurisdiction. The City of Onalaska hereby assumes the authority to administer the La Crosse Airport Zoning Overlay regulations for those areas within the corporate limits of the City of Onalaska, within the three-mile jurisdictional boundary of the AOZD as those boundaries now exist and as they are amended in the future. The regulations of the AOZD shall apply to all properties within the three-mile jurisdictional boundary identified by the application of § 114.136 of the Wisconsin Statutes, as may be amended, measured from the La Crosse Regional Airport property lines and to the limits represented by the six independent zones which are defined below as well as the height limitations outlined below.
C.
General provisions.
1.
Areas to be regulated. The AOZD has defined the following areas to be regulated, which may fall within the City of Onalaska jurisdictional boundaries:
a.
Airport Overlay Zoning District Map; Height Limitation Zoning Map. The boundaries of each district are hereby established as shown on a map dated December 9, 2010, and as it may be amended, entitled "La Crosse Regional Airport Overlay Zoning District Map, La Crosse, Wisconsin," and the height restrictions are hereby established on a map entitled "Height Limitation Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin," which accompanies it and is hereby adopted as part of this section. Both the La Crosse Regional Airport Overlay Zoning District Map and the Height Limitation Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin, shall be on file in the office of the City of Onalaska Planning Department.
i.
The elevation numbers indicated within each contour are hereby established and are made part of this section. Contour elevation numbers indicated on the Height Limitation Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin, provide the maximum permissible height above North American Vertical Datum 1988 (NAVD88), which buildings, structures, objects, or vegetation in that contour shall NOT exceed. If the Height Limitations Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin, indicates "Permit Required" instead of a height, a permit must be obtained, regardless of height. The provisions of the AOZD shall apply to all areas indicated on this Map.
b.
Airport Overlay Zoning District. All La Crosse Regional Airport Overlay Zones are shown on the La Crosse Municipal Airport Overlay Zoning District Map and shall be on file in the office of the City of Onalaska Planning Department. These six zones encompass a three-mile radius from the La Crosse Regional Airport property line, as authorized by Wisconsin Statutes. No land use shall be allowed nor shall any structure be constructed, altered, located, or permitted which encroaches upon the La Crosse Regional Airport creating hazards for aircraft, airport operational area, and aircraft overflight areas, as well as nearby citizens. The area of La Crosse County, including those areas in the City of Onalaska jurisdictional boundaries, is divided into the following zones, as shown in Table 13.02.36-1 and Figure 13.02.36-1.
i.
Zone A: Runway Protection Zone. Zone A is a trapezoidal shape which includes the area off the end of each runway which is designed to enhance the protection of people and property on the ground.
ii.
Zone B: Approach Surface. Zone B is a critical overlay zoning surface that reflects the approach and departure areas for each runway at the Airport. The size of Zone B is the combination of Zone B1, B2, and B3 and is predicated on a 50:1 approach surface:
1.
Zone B1. The length of Zone B1 extends 3,750 feet from the outer edge of Zone A.
2.
Zone B2. Zone B2 extends 3,750 feet beyond the outer edge of Zone B1.
3.
Zone B3. Zone B3 extends from Zone B2 in the 50:1 approach, ending at the three-mile boundary.
iii.
Zone C: transitional surface. The areas within Zone C are those that extend 1,050 feet outward from the edge of the primary surface, paralleling the runway and extended runway center line with Zone B1, to a length equal to the outer edge of Zone A and then squared to meet Zone A.
iv.
Zone D: three-mile jurisdictional boundary. Zone D encompasses the horizontal innermost area, all of which represents the three-mile jurisdictional boundary, as provided for within Wisconsin Statutes §§ 114.135 and 114.136, as may be amended. Zone D is calculated by intersecting a series of three-mile arcs drawn from the outermost property boundaries of the Airport.
Table 13.02.36-1 Airport Overlay Zones B1, B2, C, and D Dimensional Requirements | ||
|---|---|---|
Dimensions in Figure 1 | Zone Designation | Runway Dimensional Standards |
1 | Primary surface width* and Zone A inner width | 1,000 feet |
2 | Zone A outer width and Zone B1 inner width | 1,750 feet |
3 | Zone B1 outer width and Zone B2 inner width | 2,875 feet |
4 | Zone B2 outer width and Zone B3 inner width | 4,000 feet |
5 | Zone C width from primary surface | 1,050 feet |
6 | Zone A length | 2,000 feet |
7 | Zone B1 length | 3,750 feet |
8 | Zone B2 length | 3,750 feet |
9 | Zone B3 length varies** | |
Zone D | 3-mile jurisdictional boundary outside of Zones A–B3 | |
NOTES: | |
|---|---|
* | Primary surface width measures 1,000 feet across, or 500 feet on either side of the runway center line. |
** | The length and outer width of Zone B3 varies based upon the proximity and angle at which Zone B3 intersects Zone D, which is the three-mile jurisdictional boundary from Airport property. |
Source: Mead & Hunt | |
Figure 13.02.36-1 Airport Overlay Zones A, B1, B2, B3, C, and D Diagram  |
2.
Compliance. Any development or use within the City of Onalaska jurisdictional boundaries shall be in compliance with the terms of this section, AOZD Regulations and other applicable local, state, and federal regulations.
3.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., as may be amended, applies.
4.
Abrogation and greater restrictions. This section is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, or deed restrictions. However, wherever this section imposes greater restrictions, the provisions of this section shall govern.
5.
Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any powers granted to the City by the Wisconsin Statutes.
6.
Warning and disclaimer of liability. The degree of protection provided by the AOZD regulations relative to aircraft operation and aircraft overflights is considered reasonable for regulatory purposes. Therefore, neither the AOZD regulations or this section interpretations thereof imply that land uses within the vicinity of the La Crosse Regional Airport will be totally free from aircraft noise impacts, aircraft operations, and aircraft overflights. Nor do the AOZD regulations or this section create liability on the part of, or a cause of action against the City of Onalaska, any officer or employee thereof, for incidents that may result from reliance on this section.
7.
Severability. Each section, paragraph, sentence, clause, word and provision of this section is severable. If any provision of this section is adjudged unconstitutional or invalid for any reason, such decision shall not affect the remainder of this section.
8.
Repeal. All other ordinances or parts of ordinances of the City inconsistent or conflicting with this section to the extent of inconsistency only, are hereby repealed.
D.
General standards applicable to all permit required uses within the City of Onalaska Jurisdictional Boundary of the AOZD.
1.
Any development which exceeds the applicable height limitation in the AOZD by more than 10 feet is not authorized. Any development that exceeds the applicable height limitation in the AOZD by 10 feet or less will automatically become a permit required use.
2.
At the owner's expense, the technical expertise of a professional surveyor and/or engineer to determine exact locations and elevations may be required. This may be done to confirm the accuracy of information supplied by the applicant.
3.
Those Building Inspection and Planning Department staff, when reviewing a zoning/building site permit (herein referred to as a "permit") application in the AOZD shall consider the factors listed below:
a.
Potential to create an undue concentration of people (density);
b.
Potential to cause visual obstructions through the creation of smoke, steam, dust, lighting or other unspecified obstruction that would adversely affect aircraft operational areas and airspace; and specifically the proximity to runway ends, runway surfaces and extended runway center lines;
c.
Potential for noise sensitivity, and when necessary, ensuring building construction that reduces airport-related noises for proposed uses;
d.
Potential to minimize the number and size of detention/retention ponds which may attract wildlife, by designing ponds to drain within 48 hours;
e.
Potential to create wildlife attractants other than water; and
f.
Potential storage of flammable or hazardous materials as defined by the International Building Code.
E.
Airport Overlay Zoning Districts.
1.
The AOZD has defined the following use restrictions which shall be applicable to those areas within the City of Onalaska jurisdictional boundary of the AOZD. Through the use of the La Crosse Regional Airport Height Zoning Map, heights of structures and features, both man-made and natural growth, shall be limited.
2.
The following specific use restrictions and regulations shall also apply:
a.
Existing uses. All existing property uses allowed by the current zoning classifications, within the zones defined by the AOZD and set forth in this section, are allowed to remain, subject to applicable federal, state, and local requirements including height limitations set forth in this section. This includes the construction of ancillary uses, such as garages, subject to existing local requirements. The AOZD regulations shall not require the removal of or any change in the construction, alteration, location, or use of any existing use; this includes the construction, alteration, or use of property or structural improvements lawfully in existence at the time of the effective date of this AOZD, or which commenced prior to the effective date of the AOZD regulations, and has been completed or is being diligently pursued. This includes vacant platted lots that were established to accommodate proposed development prior to the effective date of the AOZD regulations. It is further provided that the height limits of the AOZD regulations shall in no event be exceeded by more than 10 feet. If a use penetrates the applicable height limitation by 10 feet or less, it must be approved through the permitting process.
i.
Partial/complete destruction or reconstruction. The owner of any existing use, building, or structure which, as a result of fire, flood, explosion, or other casualty is destroyed or is demolished by the owner, shall be allowed to rebuild, reconstruct, or rehabilitate the same existing use on the same parcel, provided the existing use is reviewed and complies with the La Crosse Regional Airport Height Zoning Map, and is not otherwise prohibited under the City of Onalaska UDC or Code of Ordinances.
ii.
Expansion of existing uses. Any existing use, as described in this ordinance, may be expanded, altered, or otherwise enlarged as long as the following requirements are met:
1.
The expansion, alteration, or enlargement meets the requirements of the La Crosse Regional Airport Height Limitations Zoning Map, meets the criteria for the existing land use with no change in zoning classification, and is not otherwise prohibited under the City of Onalaska UDC or Code of Ordinances.
2.
Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by Subsection F, Permit submittal requirements, authorizing such change, replacement, or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on the effective date of this section, or than it was when the application for permit was made.
b.
Future land use. Any changes in land use requiring a zoning reclassification are subject to the land use restrictions set forth below and illustrated in Table 13.02.36-2, titled "Land Use Compatibility Chart," and are to be evaluated with the criteria set forth in the AOZD checklist, is hereby adopted by reference.
i.
Permitted uses are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do not impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for nearby residents. Permitted uses, however, shall conform to all height restrictions within the AOZD. A permit and AOZD checklist is not required for compliance with this section.
ii.
Permit required uses are those land uses that shall be permissible following the issuance of a permit. The permit, which may include development and use related conditions, along with a signed AOZD checklist, notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the La Crosse Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as nearby residents. Any use exceeding the height limitations by 10 feet or less requires a permit regardless of the type of land use.
iii.
Not permitted uses are those land uses generally considered not compatible (incompatible) and/or not permitted within a particular zone of the AOZD. Incompatible land uses endanger the health, safety, and welfare of nearby residents and aircraft utilizing the La Crosse Regional Airport.
3.
Exceptions.
a.
The restrictions contained in this section shall not apply to temporary cranes, temporary lifts, temporary scaffolding, and other similar temporary equipment used for normal and routine construction, provided that a permit with any conditions has been issued by a City of Onalaska Engineer or Building Inspector after obtaining the approval of the La Crosse Regional Airport Director or his/her designee and, if required, the Federal Aviation Administration (FAA) as a part of the FAA 7460-1 notification process.
4.
Hazard marking and lighting.
a.
All uses must comply with the FAA's requirements for marking and lighting per the current version of the Advisory Circular 70-7460, Obstruction Marking and Lighting. Additionally, any permit may, if such action is deemed advisable by the La Crosse Regional Airport Management, Wisconsin Department of Transportation Bureau of Aeronautics ("WI DOT BOA") and/or the FAA, require the owner of a structure or trees, to install, operate, and maintain thereon such markers, lights, and navigational aids as may be necessary to indicate to pilots the presence of a hazard, at the owner's expense.
5.
Prohibited uses in the Airport Overlay Zoning District.
a.
Any use that would exceed the height restrictions indicated on the Height Limitation Zoning Map by more than 10 feet.
b.
Any use that is not permitted according to Table 13.02.36-2, Land Use Compatibility Chart.
c.
Any use, temporary or permanent, which is determined to create a safety concern for aircraft operations, as defined by the WI BOA, the FAA, or the City of La Crosse, as owners of the Airport.
Table 13.02.36-2: Land Use Compatibility Chart | ||||||
|---|---|---|---|---|---|---|
P = Permitted R = Permit Required N = Not Permitted | ||||||
Land Uses1,2,3 | Zone A | Zone B1 | Zone B2 | Zone B3 | Zone C | Zone D |
Residential Activities | ||||||
Single-family uses (1 unit per lot) | N | R | R | P | N | P |
Multifamily uses (Three or more principal dwelling units within a single building on the same parcel) (e.g., apartment, condominium, townhouse-style) | ||||||
Low-rise (2–3 stories) or mid-rise (4–12 stories) | N | R | R | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Group Living Uses (e.g., assisted living, group care, independent group living, nursing and convalescent home) | ||||||
Residential group living units (1 dwelling per lot) | N | R | R | P | N | P |
Low-rise (2–3 stories) or mid-rise (4–12 stories) | N | R | R | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Manufactured housing parks | N | N | R | P | N | P |
Commercial Activities | ||||||
Eating and drinking establishments (e.g., restaurant, cafe, fast-food restaurant, bar, nightclub) | N | R | R | P | N | P |
General Office/Medical Office/Dental Office Uses (e.g., professional, business, financial, governmental) | ||||||
Low-rise (2–3 stories) | N | R | P | P | R | P |
Mid-rise (4–12 levels) | N | N | R | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Hospitality-oriented (e.g., hotel, motel, convention center, meeting hall, event facility) | ||||||
Low-rise (2 to 3 stories) | N | R | P | P | N | P |
Mid-rise (4 to 12 stories) | N | N | P | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Outdoor storage and display-oriented (e.g., lumber yard, vehicles sale, landscape sales, or farm supply equipment sale) | N | R | P | P | R | P |
Personal service-oriented (e.g., retail service, banking facility, laundromat, dry cleaning, beauty salon, funeral home) | N | R | P | P | R | P |
Vehicle servicing uses (e.g., full-serve gas station, unattended card key service station, vehicle repair shop, tire sale) | N | R | R | P | N | P |
Retail Uses (e.g., sale, lease, or rent of new or used products) | ||||||
Small sales-oriented (e.g., convenience store, bakery, garden supply, grocery, hardware, or electronics store) | N | R | P | P | R | P |
Large sales-oriented (e.g., big box store, mall, strip mall) | N | R | R | P | R | P |
Surface passenger services (e.g., passenger terminal for buses, rail service, local taxi, limousine service) | N | R | P | P | R | P |
Industrial/Manufacturing Activities | ||||||
Industrial service uses (e.g., machine shop, tool repair, towing/vehicle storage, building supply yard, exterminator) | N | R | P | P | R | P |
Manufacturing and Production Uses (e.g., manufacturing, processing, fabrication, packaging or assembly of goods) | ||||||
General manufacturing (e.g., manufacturing, assembling or treatment of most articles, materials, or merchandise) | N | R | P | P | R | P |
Heavy manufacturing (e.g., concrete/asphalt plant, meat packing plant, wet corn milling, paper mill, ethanol plant, animal feed) | N | N | R | R | N | R |
Mining and extraction uses | N | N | N | R | N | R |
Salvage operations (e.g., collect, store, and dismantle damaged or discarded vehicles, machinery, appliances, building material) | N | R | R | P | N | P |
Self-service storage uses (e.g., mini-warehouse, storage facility) | N | P | P | P | R | P |
Warehouse/freight uses (e.g., major wholesale distribution center, freight storage, railroad switching yard) | N | R | P | P | R | P |
Waste-related uses (e.g., recycling center, sanitary landfill, waste transfer station, composting, sanitary or water treatment facility) | N | N | N | R | N | R |
Wholesale sales uses (e.g., sale, lease, or rental of products to retailers for industrial, institutional, or commercial business users) | N | R | P | P | R | P |
Institutional Activities | ||||||
College and universities (e.g., public or private college or university, technical college, seminary) | N | N | R | R | N | R |
Community service uses (e.g., public, nonprofit, or charitable nature providing a local service to the people such as a library, museum, transit center, senior/community center, police/fire station) | N | N | R | R | R | R |
Day-Care Uses (e.g., child-care center, adult day care, preschool, after-school program) | ||||||
Residential day-care uses (e.g., in-home adult/child daycare facility) | N | R | R | P | N | P |
Institutional day-care uses (e.g., child-care center, preschool, after-school program, adult day care) | N | N | R | R | N | R |
Detention facilities (e.g., prison, jail, probation center, halfway house, juvenile detention home) | N | N | R | R | N | R |
Educational Facilities | ||||||
General educational facilities (e.g., public and private elementary, middle, junior, and senior high school including religious, boarding, military) | N | N | R | R | N | R |
Specialized education facilities (e.g., specialized trade, business, or commercial courses, non-degree granting school) | N | N | R | R | R | R |
Hospitals (e.g., hospital and medical center) | N | N | R | R | N | R |
Religious assembly uses (e.g., church, temple, mosque, synagogue, eagles/moose/elk lodge) | N | N | R | R | N | R |
Infrastructure Activities | ||||||
Basic utility uses (e.g., utility substation facility electrical substation, water and sewer lift station) | N | R | R | P | R | P |
Communication transmission facility uses (e.g., broadcast, wireless, point to point, or emergency tower and antennas) | N | N | R | R | N | R |
Parking uses (e.g., ground lot, parking structure) | R | P | P | P | P | P |
Transportation uses (e.g., local road, county road, highway, interstate) | R | P | P | P | P | P |
Utility uses (e.g., wind generator, wind farm, solar power-generation equipment, water tower, transmission lines) | N | R | R | R | N | R |
Agriculture and Open Space Activities | ||||||
Agricultural Uses (e.g., commercial cultivation of plants, livestock production) | ||||||
Animal- or plant-related (e.g., livestock, dairy, horse farm, crop farming, vegetable, fruit, tree, wholesale plant nursery) | R | P | P | P | P | P |
Facility-related (e.g., fuel bulk storage or pumping facility, grain elevator, or livestock, seed, grain sales) | N | N | R | P | N | P |
Resident-related (e.g., single-family home or mobile home if converted to real property and taxed) | N | R | R | P | N | P |
Water bodies man-made resources (e.g., mining or extraction pond, wetland mitigation site) | N | R | R | R | N | R |
Wildlife preservation areas (e.g., petting zoo, wildlife rehabilitation center, zoo, conservation areas) | N | N | R | R | N | R |
Parks and Recreation Activities | ||||||
Casino | N | N | R | R | N | R |
Commercial recreational uses indoor or outdoor (e.g., physical fitness center, bowling alley, skating rink, indoor theater, campground, tennis/swimming facility, drive-in theater, skating rink, amphitheater) | N | R | R | R | N | R |
Parks (e.g., aquatic, mini, private, sports, neighborhood, school, community) | N | R | R | R | N | R |
Specialty uses (e.g., amusement or theme park, fairground, racetrack, sports arena) | N | N | R | R | N | R |
Table 13.02.36-2: Land Use Compatibility Chart | ||||||
|---|---|---|---|---|---|---|
P = Permitted R = Permit Required N = Not Permitted | ||||||
Land Uses1,2,3 | Zone A | Zone B1 | Zone B2 | Zone B3 | Zone C | Zone D |
Residential Activities | ||||||
Single-family uses (1 unit per lot) | N | R | R | P | N | P |
Multifamily uses (Three or more principal dwelling units within a single building on the same parcel) (e.g., apartment, condominium, townhouse-style) | ||||||
Low-rise (2–3 stories) or mid-rise (4–12 stories) | N | R | R | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Group Living Uses (e.g., assisted living, group care, independent group living, nursing and convalescent home) | ||||||
Residential group living units (1 dwelling per lot) | N | R | R | P | N | P |
Low-rise (2–3 stories) or mid-rise (4–12 stories) | N | R | R | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Manufactured housing parks | N | N | R | P | N | P |
Commercial Activities | ||||||
Eating and drinking establishments (e.g., restaurant, cafe, fast-food restaurant, bar, nightclub) | N | R | R | P | N | P |
General Office/Medical Office/Dental Office Uses (e.g., professional, business, financial, governmental) | ||||||
Low-rise (2–3 stories) | N | R | P | P | R | P |
Mid-rise (4–12 levels) | N | N | R | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Hospitality-oriented (e.g., hotel, motel, convention center, meeting hall, event facility) | ||||||
Low-rise (2 to 3 stories) | N | R | P | P | N | P |
Mid-rise (4 to 12 stories) | N | N | P | P | N | P |
High-rise (13+ stories) | N | N | R | P | N | P |
Outdoor storage and display-oriented (e.g., lumber yard, vehicles sale, landscape sales, or farm supply equipment sale) | N | R | P | P | R | P |
Personal service-oriented (e.g., retail service, banking facility, laundromat, dry cleaning, beauty salon, funeral home) | N | R | P | P | R | P |
Vehicle servicing uses (e.g., full-serve gas station, unattended card key service station, vehicle repair shop, tire sale) | N | R | R | P | N | P |
Retail Uses (e.g., sale, lease, or rent of new or used products) | ||||||
Small sales-oriented (e.g., convenience store, bakery, garden supply, grocery, hardware, or electronics store) | N | R | P | P | R | P |
Large sales-oriented (e.g., big box store, mall, strip mall) | N | R | R | P | R | P |
Surface passenger services (e.g., passenger terminal for buses, rail service, local taxi, limousine service) | N | R | P | P | R | P |
Industrial/Manufacturing Activities | ||||||
Industrial service uses (e.g., machine shop, tool repair, towing/vehicle storage, building supply yard, exterminator) | N | R | P | P | R | P |
Manufacturing and Production Uses (e.g., manufacturing, processing, fabrication, packaging or assembly of goods) | ||||||
General manufacturing (e.g., manufacturing, assembling or treatment of most articles, materials, or merchandise) | N | R | P | P | R | P |
Heavy manufacturing (e.g., concrete/asphalt plant, meat packing plant, wet corn milling, paper mill, ethanol plant, animal feed) | N | N | R | R | N | R |
Mining and extraction uses | N | N | N | R | N | R |
Salvage operations (e.g., collect, store, and dismantle damaged or discarded vehicles, machinery, appliances, building material) | N | R | R | P | N | P |
Self-service storage uses (e.g., mini-warehouse, storage facility) | N | P | P | P | R | P |
Warehouse/freight uses (e.g., major wholesale distribution center, freight storage, railroad switching yard) | N | R | P | P | R | P |
Waste-related uses (e.g., recycling center, sanitary landfill, waste transfer station, composting, sanitary or water treatment facility) | N | N | N | R | N | R |
Wholesale sales uses (e.g., sale, lease, or rental of products to retailers for industrial, institutional, or commercial business users) | N | R | P | P | R | P |
Institutional Activities | ||||||
College and universities (e.g., public or private college or university, technical college, seminary) | N | N | R | R | N | R |
Community service uses (e.g., public, nonprofit, or charitable nature providing a local service to the people such as a library, museum, transit center, senior/community center, police/fire station) | N | N | R | R | R | R |
Day-Care Uses (e.g., child-care center, adult day care, preschool, after-school program) | ||||||
Residential day-care uses (e.g., in-home adult/child daycare facility) | N | R | R | P | N | P |
Institutional day-care uses (e.g., child-care center, preschool, after-school program, adult day care) | N | N | R | R | N | R |
Detention facilities (e.g., prison, jail, probation center, halfway house, juvenile detention home) | N | N | R | R | N | R |
Educational Facilities | ||||||
General educational facilities (e.g., public and private elementary, middle, junior, and senior high school including religious, boarding, military) | N | N | R | R | N | R |
Specialized education facilities (e.g., specialized trade, business, or commercial courses, non-degree granting school) | N | N | R | R | R | R |
Hospitals (e.g., hospital and medical center) | N | N | R | R | N | R |
Religious assembly uses (e.g., church, temple, mosque, synagogue, eagles/moose/elk lodge) | N | N | R | R | N | R |
Infrastructure Activities | ||||||
Basic utility uses (e.g., utility substation facility electrical substation, water and sewer lift station) | N | R | R | P | R | P |
Communication transmission facility uses (e.g., broadcast, wireless, point to point, or emergency tower and antennas) | N | N | R | R | N | R |
Parking uses (e.g., ground lot, parking structure) | R | P | P | P | P | P |
Transportation uses (e.g., local road, county road, highway, interstate) | R | P | P | P | P | P |
Utility uses (e.g., wind generator, wind farm, solar power-generation equipment, water tower, transmission lines) | N | R | R | R | N | R |
Agriculture and Open Space Activities | ||||||
Agricultural Uses (e.g., commercial cultivation of plants, livestock production) | ||||||
Animal- or plant-related (e.g., livestock, dairy, horse farm, crop farming, vegetable, fruit, tree, wholesale plant nursery) | R | P | P | P | P | P |
Facility-related (e.g., fuel bulk storage or pumping facility, grain elevator, or livestock, seed, grain sales) | N | N | R | P | N | P |
Resident-related (e.g., single-family home or mobile home if converted to real property and taxed) | N | R | R | P | N | P |
Water bodies man-made resources (e.g., mining or extraction pond, wetland mitigation site) | N | R | R | R | N | R |
Wildlife preservation areas (e.g., petting zoo, wildlife rehabilitation center, zoo, conservation areas) | N | N | R | R | N | R |
Parks and Recreation Activities | ||||||
Casino | N | N | R | R | N | R |
Commercial recreational uses indoor or outdoor (e.g., physical fitness center, bowling alley, skating rink, indoor theater, campground, tennis/swimming facility, drive-in theater, skating rink, amphitheater) | N | R | R | R | N | R |
Parks (e.g., aquatic, mini, private, sports, neighborhood, school, community) | N | R | R | R | N | R |
Specialty uses (e.g., amusement or theme park, fairground, racetrack, sports arena) | N | N | R | R | N | R |
F.
Permit submittal requirements.
1.
For all permit required uses, the AOZD checklist shall be utilized to notify the applicant of their responsibilities as a property owner and will be used by the City of Onalaska Planning Department to evaluate the proposed development within the Onalaska jurisdictional boundary of the AOZD and determine if a permit will be issued. Each applicant shall be responsible to mitigate any construction, alteration, location or use of land to minimize potential hazardous impacts to the La Crosse Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as nearby residents. Failure of applicant to mitigate potential hazardous impacts shall be a violation of the terms and requirement of this section through the City's authority to implement the regulations of the AOZD. Applicant [and property owner(s) if different] shall acknowledge by signature their understanding of the mitigation criteria utilizing the AOZD checklist provided by the City or its representative according to Subsection G, Administration.
G.
Administration.
1.
The City of Onalaska Planning Department is authorized to administer this section and shall have the following responsibilities and powers:
a.
Approve or conditionally approve permits that do not exceed required height restrictions;
b.
Inspect any building site or improvement or use of land as required by this section;
c.
Maintain records of approvals, denials, conditions of approvals, and inspections made, and maintain a complete public record of all proceedings;
d.
Review and make recommendations to the Council on all Zoning Map changes and amendments to the text of the chapter;
e.
Oversee the functions of all impacted areas by this section;
f.
Require complete and accurate information necessary to make reasonable evaluations of applications;
g.
Work and communicate with the City of La Crosse as necessary to ensure compatibility with City of La Crosse Ordinance 8-115 authorizing administration of this ordinance to the City of Onalaska;
h.
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;
i.
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(s), and are compatible with neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Zoning Administrator and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this section shall be required; and
j.
Investigate violations and enforce the provisions of this section.
2.
Land use permit. When required by this section, a permit (valid for 18 months) shall be obtained from the Planning Department before the removal of or any change in the construction, alteration, location, or use of any existing use or proposed use. In all cases, the height limits of the AOZD as set forth in this section shall not be exceeded by more than 10 feet. Uses that penetrate height limitations by 10 feet or less require a permit. The permit (for permit required uses or for future uses when specified), which may include development and use related conditions, along with a signed AOZD checklist, notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the La Crosse Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as nearby residents. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Failure to obtain a permit when required shall be a violation of this section. Application for a permit shall be made to the Planning Department upon furnished application forms and shall include the following data:
a.
Name and address of the applicant, property owner, and contractor-builder;
b.
An accurate properly dimensioned map drawn to a scale of not less than one inch equals 200 feet of the property, showing:
i.
The location, dimensions, elevations, and contours of the site; elevations of all pertinent structures, fill, or storage areas; size, location, and spatial arrangements of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; the relationship of the above to the La Crosse Regional Airport, as well as a particular zone(s) of the AOZD; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this section.
c.
Legal description of the property, the type of proposed use, and an indication as to whether new construction or a modification to an existing structure is involved;
d.
A description of the proposed land use and building materials and landscaping materials;
e.
The elevation of the highest point of the structure, object, or natural vegetation using National Geodetic and Vertical Datum when locating within the individual zone of the AOZD, including existing ground elevations reporting in mean sea level (MSL), height of the structure or object above ground measured in feet (AGL), and top elevation measured in MSL;
f.
When the Planning Department or Airport Director deems necessary, evidence of submission of a Federal Aviation Administration Form 7460-1, Notification of Proposed Construction or Alteration, commonly known as an "airspace review." Receipt of final determination letter from the FAA is required prior to final approval or denial of a permit (as required for permit required uses or for future uses when specified). The FAA Form 7460-1 can be found online at https://www.faa.gov/documentLibrary/media/form/faa7460_1.pdf; and
g.
Applicant's signed AOZD checklist accepting mitigation responsibilities to ensure that any use, construction or alteration of such use is compatible with this section.
3.
Other permits. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies.
4.
Board of Appeals. Appeals shall be made to the City of La Crosse Board of Appeals as set forth in the City of La Crosse Municipal Code, as amended, pursuant to Section 8-121 of the City of La Crosse Municipal Code, which is available on the City of La Crosse website (www.cityoflacrosse.org) or from the City of La Crosse's City Clerk's office.
H.
Amendments.
1.
The Common Council may amend or supplement the regulations of this section in the manner provided by law.
I.
Fees.
1.
Fees for the administration of this section and zoning permits are established by the City and are intended to cover the reasonable costs of administering this section. Such fees may be in addition to other building and zoning permit fees. When a zoning or a building permit fee is not required for a project but the AOZD checklist is required, a fee as set forth on the City Fee Schedule will be charged.
J.
Violations.
1.
It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this section. The City may institute appropriate action or proceedings to enjoin violations of this section or applicable state law.
K.
Enforcement and penalties.
1.
Any person or persons violating any provision of this section shall be subject to general penalty provisions listed in Section 1.01.17 of this Code of Ordinances. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Planning Department.
13.02.41 Floodplain Protection Overlay District.
A.
Statutory authorization. This section is adopted pursuant to the authorization in §§ 61.35 and 62.23, for villages and cities; §§ 59.69, 59.692, and 59.694 for counties; and the requirements in § 87.30, Wis. Stats.
B.
Finding of fact. Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.
C.
Statement of purpose. This section is intended to regulate floodplain development to:
1.
Protect life, health and property;
2.
Minimize expenditures of public funds for flood control projects;
3.
Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4.
Minimize business interruptions and other economic disruptions;
5.
Minimize damage to public facilities in the floodplain;
6.
Minimize the occurrence of future flood blight areas in the floodplain;
7.
Discourage the victimization of unwary land- and homebuyers;
8.
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
9.
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
D.
Title. This section shall be known as the "Floodplain Zoning Ordinance for Onalaska, Wisconsin."
E.
General provisions.
1.
Areas to be regulated. This section regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
2.
Official Maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (see Subsection L, Amendments) before it is effective. No changes to RFEs on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the Engineering Department at the City of Onalaska. If more than one map or revision is referenced, the most restrictive information shall apply.
a.
Official Maps. Based on the FIS:
i.
Flood Insurance Rate Map (FIRM), panel numbers (0144, 0161, 0162, 0163, 0164, 0169, 0251, 0252, 0256, 0257), dated January 6, 2012, as approved by the WDNR and FEMA.
b.
Official Maps. Based on other studies. Any maps referenced in this section must be approved by the DNR and be more restrictive than those based on the FIS at the site of the proposed development. The City will retain copies of any additional maps as needed, including but not limited to dam failure analyses and Letter of Map Revisions as they occur.
3.
Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts, as follows:
a.
The Floodway District (FW) is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.
b.
The Flood-Fringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
c.
The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO Zones on the FIRM.
4.
Locating floodplain boundaries. Discrepancies between boundaries on the Official Floodplain Zoning Map and actual field conditions shall be resolved using the criteria below. If a significant difference exists, the map shall be amended according to Subsection L. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a site plan permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual predevelopment field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Subsection K.3.c and the criteria in Subsection E.4.a. and b. below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Subsection L.
a.
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
b.
Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
5.
Removal of lands from floodplain. Compliance with the provisions of this section shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to Subsection L.
6.
Compliance. Any development or use within the areas regulated by this section shall be in compliance with the terms of this section, and other applicable local, state, and federal regulations.
7.
Abrogation and greater restrictions. This division supersedes all other provisions of Title 13 as it relates to floodplain.
8.
Interpretation. In their interpretation and application, the provisions of this section are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this section, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
9.
Warning and disclaimer of liability. The flood protection standards in this section are based on engineering experience and research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This section does not imply or guarantee that nonfloodplain areas or permitted floodplain uses will be free from flooding and flood damages. This section does not create liability on the part of, or a cause of action against, the City or any officer or employee thereof for any flood damage that may result from reliance on this section.
10.
Annexed areas for cities and villages. The La Crosse County Floodplain Zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the City for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code, and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's Official Zoning Map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the City of Onalaska Engineering Department. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
F.
General standards applicable to all floodplain districts.
1.
The City shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.
2.
Standards for development. All of the provisions listed below shall apply in addition to the other requirements of this section.
a.
Any structure or building used for human habitation or use, which is to be erected, constructed, reconstructed, altered or moved into the flood zone areas, shall meet or exceed the following standards:
i.
The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation [which is a point two feet above the Regional Flood Elevation (RFE)] except where Subsection F.2.a.ii. below is applicable. The fill elevation shall be one foot or more above the RFE extending at least 15 feet beyond the limits of the structure. Applicable City staff may authorize other floodproofing where existing streets or sewer lines are at elevations, which make compliance impractical, provided the Board of Zoning Appeals grants a variance due to dimensional restrictions.
ii.
The basement or crawlway floor may be placed at the RFE, providing it is floodproffed to the flood protection elevation. No permit or variance shall any floor, basement, or crawlway below the RFE.
3.
Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this section and all other requirements in Subsection K.1. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
4.
Hydraulic and hydrologic analysis.
a.
No floodplain development shall:
i.
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
ii.
Cause any increase in the regional flood height due to floodplain storage area lost.
b.
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection L are met.
5.
Watercourse alterations.
a.
No site plan permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of Subsection F.3 must be met and the flood-carrying capacity of any altered or relocated watercourse shall be maintained.
b.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to Subsection L, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
6.
Chapter 30, 31, Wis. Stats., development. Development which requires a permit from the Department, under Ch. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the Floodplain Zoning Ordinance are made according to Subsection L.
7.
Public or private campgrounds. No public or private campgrounds shall be allowed within the floodplain district.
8.
Flooded agriculture. No flooded agriculture shall be located within municipal limits.
G.
Floodway District (FW).
1.
Applicability. This section applies to all floodway areas on the floodplain Zoning Maps and those identified pursuant to Subsection I.4.
2.
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if they are not prohibited by any other ordinance, they meet the standards in Subsection G.3. and 4., and all permits or certificates have been issued according to Subsection K.1.
a.
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
b.
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
c.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Subsection G.3.d.
d.
Uses or structures accessory to open space uses, or classified as historic structures that comply with Subsection G.3. and 4.
e.
Extraction of sand, gravel or other materials that comply with Subsection G.3.d.
f.
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Ch. 30 and 31, Wis. Stats.
g.
Public utilities, streets and bridges that comply with Subsection G.3.c.
3.
Standards for developments in floodway.
a.
General.
i.
Any development in the floodway shall comply with Subsection F and have a low flood damage potential.
ii.
Applicants shall provide the following data to determine the effects of the proposal according to Subsection F.3 and Subsection K.1.c:
1.
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
2.
An analysis calculating the effects of this proposal on regional flood height.
iii.
The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for Subsection G.3.a.ii above.
b.
Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location, may be allowed by permit if the structures comply with the following criteria:
i.
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
ii.
Shall either have the lowest floor elevated to or above the flood protection elevation shall meet all the following standards:
1.
Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding;
2.
Have structural components capable of meeting all provisions of Subsection G.3.b.vii; and
3.
Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Subsection G.3.b.vii.
iii.
Must be anchored to resist flotation, collapse, and lateral movement;
iv.
Mechanical and utility equipment must be elevated to or above the flood protection elevation; and
v.
Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood.
vi.
For a structure designed to allow the automatic entry of floodwaters below the regional flood elevation, the applicant shall submit a plan that meets or exceeds the following standards:
1.
The lowest floor must be elevated to or above the flood protection elevation;
2.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
3.
The bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; otherwise, must remain open.
vii.
Certification. Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood:
1.
Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup;
2.
Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Subsection G.4.d and e.
3.
Subsurface drainage systems to relieve external pressures on foundation walls and basement floors;
4.
Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and
5.
Placement of utilities above the flood protection elevation.
c.
Public utilities, streets, and bridges. Public utilities, streets and bridges may be allowed by permit, if:
i.
Adequate floodproofing measures are provided to the flood protection elevation; and
ii.
Construction meets the development standards of Subsection F.3.
d.
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
i.
The requirements of Subsection F.3 are met;
ii.
No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Ch. 30, Wis. Stats., and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344, has been issued, if applicable, and all other requirements have been met;
iii.
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
iv.
The fill is not classified as a solid or hazardous material.
4.
Prohibited uses. All uses not listed as permitted uses in Subsection G.2 are prohibited, including the following uses:
a.
Habitable structures, structures with high flood damage potential, or those not associated with permanent open space uses;
b.
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
c.
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
d.
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;
e.
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;
f.
Any solid or hazardous waste disposal sites;
g.
Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code; and
h.
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
H.
Flood-Fringe District (FF).
1.
Applicability. This section applies to all flood-fringe areas shown on the floodplain Zoning Maps and those identified pursuant to Subsection I.4.
2.
Permitted uses. Any structure, land use, or development is allowed in the Flood-Fringe District if the standards in Subsection H.3 below are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in Subsection K.1 have been issued.
3.
Standards for development in the flood fringe. Subsection F.3 shall apply in addition to the following requirements according to the use requested. Any existing structure in the flood fringe must meet the requirements of Subsection J, Nonconforming uses;
a.
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the flood fringe, shall meet or exceed the following standards. Any existing structure in the flood fringe must meet the requirements of Subsection J.
i.
The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of Subsection H.3.a.ii can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
ii.
The basement or crawlway floor may be placed at or below the regional flood elevation if it is dry floodproofed to the flood protection elevation.
iii.
Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in Subsection H.3.a.iv below.
iv.
In developments where existing street or sewer line elevations make compliance with Subsection H.3.a.iii above impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
1.
The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
2.
The municipality has a DNR-approved emergency evacuation plan.
b.
Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
c.
Commercial uses. Any commercial structure which is erected, altered or moved into the flood fringe shall meet the requirements of Subsection H.3.a. Subject to the requirements of Subsection H.3.e, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
d.
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the flood fringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Subsection K.5. Subject to the requirements of Subsection H.3.e, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
e.
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Subsection K.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
f.
Public utilities, streets, and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:
i.
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with Subsection K.5.
ii.
Minor roads or nonessential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
g.
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Subsection K.5.c, to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.
h.
Wells. All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to Subsection K.5.c, to the flood protection elevation and shall meet the provisions of Ch. NR 811 and NR 812, Wis. Adm. Code.
i.
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in flood-fringe areas.
j.
Deposition of materials. Any deposited material must meet all the provisions of this section.
k.
Manufactured homes. No manufactured homes shall be allowed in the flood-fringe areas.
l.
Mobile recreational vehicles. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the following elevation and anchoring requirements:
i.
Have the lowest floor elevated to the flood protection elevation; and
ii.
Be anchored so they do not float, collapse or move laterally during a flood.
iii.
Meet the residential development standards for the flood fringe in Subsection H.3.a.
I.
General Floodplain District (GFP).
1.
Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH Zones.
2.
Permitted uses.
a.
Pursuant to Subsection I.4, it shall be determined whether the proposed use is located within the floodway or flood fringe.
b.
Those uses permitted in the Floodway (Subsection G.2) and Flood-Fringe (Subsection H.2) Districts are allowed within the General Floodplain District, according to the standards of Subsection I.3, provided that all permits or certificates required under Subsection K.1 have been issued.
3.
Standards for development in the General Floodplain District. Subsection G applies to floodway areas, Subsection H applies to flood-fringe areas. The rest of this section applies to either district.
a.
In AO/AH Zones, the structure's lowest floor must meet one of the conditions listed below, whichever is higher:
i.
At or above the flood protection elevation;
ii.
Two feet above the highest adjacent grade around the structure; or
iii.
The depth as shown on the FIRM.
b.
In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
4.
Determining floodway and flood-fringe limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator shall:
a.
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures; and the flood zone as shown on the FIRM.
b.
Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
i.
A hydrologic and hydraulic study.
ii.
Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
iii.
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
J.
Nonconforming uses.
1.
General.
a.
Applicability. If these standards conform with § 87.30, Wis. Stats. and Ch. NR 116.15, Wis. Adm. Code and 44 CFR 59-72, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this section or any amendment thereto.
b.
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this section may continue, subject to the following conditions:
i.
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this section. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance;
ii.
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure;
iii.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this section;
iv.
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
v.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection H.3.a. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this subsection;
vi.
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection H.3.a;
vii.
If on a per-event basis the total value of the work being done under Subsection J.1.b.v and vi above equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this section. Contiguous dry land access must be provided for residential and commercial uses in compliance with Subsection H.3.a;
viii.
Except as provided in Subsection J.1.b.ix below, if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure's present equalized assessed value; and
ix.
For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
1.
Residential structures.
a)
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of Subsection K.5.b.
b)
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage.
c)
Shall be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
d)
In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
e)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Subsection I.3.a.
f)
In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
2.
Nonresidential structures.
a)
Shall meet the requirements of Subsection J.1.b.ix.1.
b)
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in Subsection K.5.a or b.
c)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in Subsection I.3.a.
d)
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with Subsection G.3.a, flood-resistant materials are used, and construction practices and floodproofing methods that comply with Subsection K.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection J.1.b.ix.1.a) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
2.
Floodway District.
a.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
i.
Has been granted a permit or variance which meets all ordinance requirements;
ii.
Meets the requirements of Subsection J.1;
iii.
Shall not increase the obstruction to flood flows or regional flood height;
iv.
Any addition to the existing structure shall be floodproofed, pursuant to Subsection K.5, by means other than the use of fill, to the flood protection elevation; and
v.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
1.
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
2.
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
3.
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
4.
The use must be limited to parking, building access or limited storage.
b.
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, Subsection K.5.c and Ch. SPS 383, Wis. Adm. Code; and
c.
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Subsection K.5.c and Chs. NR 811 and NR 812, Wis. Adm. Code.
3.
Flood-Fringe District.
a.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of Subsection H.3, except where Subsection J.3.b is applicable.
b.
Where compliance with the provisions of Subsection J.3.a above would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Zoning Appeals, using the procedures established in Subsection K.3, may grant a variance from those provisions of Subsection J.3.a. above for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
i.
No floor is allowed below the regional flood elevation for residential or commercial structures;
ii.
Human lives are not endangered;
iii.
Public facilities, such as water or sewer, shall not be installed;
iv.
Flood depths shall not exceed two feet;
v.
Flood velocities shall not exceed two feet per second; and
vi.
The structure shall not be used for storage of materials as described in Subsection H.3.e.
c.
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, Subsection K.5.c and Ch. SPS 383, Wis. Adm. Code.
d.
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this section, Subsection K.5. and Chs. NR 811 and NR 812, Wis. Adm. Code.
K.
Administration. Where a Zoning Administrator, planning agency or a Board of Zoning Appeals has already been appointed to administer a Zoning Ordinance adopted under § 59.69, 59.692 or 62.23(7), Wis Stats., these officials shall also administer this section.
1.
Zoning Administrator.
a.
Duties and powers. The Zoning Administrator is authorized to administer this section and shall have the following duties and powers:
i.
Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
ii.
Issue permits and inspect properties for compliance with provisions of this section and issue certificates of compliance where appropriate.
iii.
Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
iv.
Keep records of all official actions, such as:
1.
All permits issued, inspections made, and work approved;
2.
Documentation of certified lowest floor and regional flood elevations;
3.
Floodproofing certificates;
4.
Water surface profiles, Floodplain Zoning Maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments;
5.
All substantial damage assessment reports for floodplain structures; and
6.
List of nonconforming structures and uses.
v.
Submit copies of the following items to the Department Regional office:
1.
Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
2.
Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken; and
3.
Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
vi.
Investigate, prepare reports, and report violations of this section to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
vii.
Submit copies of amendments to the FEMA Regional office.
b.
Site plan permit. A site plan permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.
c.
Other permits. Prior to obtaining a floodplain development permit, the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.
2.
Zoning agency.
a.
The Plan Commission shall:
i.
Oversee the functions of the office of the Zoning Administrator; and
ii.
Review and advise the governing body on all proposed amendments to this section, maps and text.
b.
The Plan Commission shall not:
i.
Grant variances to the terms of the ordinance in place of action by the Board of Zoning Appeals; or
ii.
Amend the text or Zoning Maps in place of official action by the governing body.
3.
Board of Zoning Appeals. The Board of Zoning Appeals, created under § 62.23(7)(e), Wis. Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this section. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the secretary of the Board.
a.
Powers and duties. The Board of Zoning Appeals shall:
i.
Appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this section;
ii.
Boundary disputes. Hear and decide disputes concerning the district boundaries shown on the official floodplain Zoning Map; and
iii.
Variances. Hear and decide, upon appeal, variances from the ordinance standards.
b.
Appeals to the Board.
i.
Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed.
ii.
Notice and hearing for appeals, including variances.
1.
Notice. The Board shall:
a)
Fix a reasonable time for the hearing;
b)
Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and
c)
Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing.
2.
Hearing. Any party may appear in person or by agent. The Board shall:
a)
Resolve boundary disputes according to Subsection K.3.c;
b)
Decide variance applications according to Subsection K.3.d; and
c)
Decide appeals of permit denials according to Subsection K.4.
3.
Decision. The final decision regarding the appeal or variance application shall:
a)
Be made within a reasonable time;
b)
Be sent to the Department Regional office within 10 days of the decision;
c)
Be a written determination signed by the Chairman or secretary of the Board;
d)
State the specific facts which are the basis for the Board's decision;
e)
Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
f)
Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
c.
Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
i.
If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;
ii.
The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
iii.
If the boundary is incorrectly mapped, the Board should inform the Plan Commission or the person contesting the boundary location to petition the governing body for a map amendment according to Subsection L.
d.
Variance.
i.
The Board may, upon appeal, grant a variance from the standards of this section if an applicant convincingly demonstrates that:
1.
Literal enforcement of the ordinance will cause unnecessary hardship;
2.
The hardship is due to adoption of the floodplain ordinance and unique property conditions not common to adjacent lots or premises. In such case, the ordinance or map must be amended;
3.
The variance is not contrary to the public interest; and
4.
The variance is consistent with the purpose of this section in Subsection C.
ii.
In addition to the criteria in Subsection K.3.d.I above, to qualify for a variance under FEMA regulations, the following criteria must be met:
1.
The variance shall not cause any increase in the regional flood elevation;
2.
Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the RFE; and
3.
Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of this section.
iii.
A variance shall not:
1.
Grant, extend or increase any use prohibited in the zoning district;
2.
Be granted for a hardship based solely on an economic gain or loss;
3.
Be granted for a hardship which is self-created;
4.
Damage the rights or property values of other persons in the area;
5.
Allow actions without the amendments to this section or map(s) required in Subsection L; and
6.
Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
iv.
When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.
4.
To review appeals of permit denials.
a.
The Board shall review all data related to the appeal. This may include:
i.
Permit application data listed in Subsection K.1.b;
ii.
Floodway/flood-fringe determination data in Subsection I.4;
iii.
Data listed in Subsection G.3.a.ii where the applicant has not submitted this information to the Zoning Administrator; and
iv.
Other data submitted with the application, or submitted to the Board with the appeal.
b.
For appeals of all denied permits, the Board shall:
i.
Follow the procedures of Subsection K.3;
ii.
Consider Plan Commission recommendations; and
iii.
Either uphold the denial or grant the appeal.
c.
For appeals concerning increases in regional flood elevation, the Board shall:
i.
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of Subsection L; and
ii.
Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase, provided no other reasons for denial exist.
5.
Floodproofing standards for nonconforming structures or uses.
a.
No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA floodproofing certificate.
b.
For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
i.
Certified by a registered professional engineer or architect; or
ii.
Meets or exceeds the following standards:
1.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2.
The bottom of all openings shall be no higher than one foot above grade; and
3.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
c.
Floodproofing measures shall be designed, as appropriate, to:
i.
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
ii.
Protect structures to the flood protection elevation;
iii.
Anchor structures to foundations to resist flotation and lateral movement;
iv.
Minimize or eliminate infiltration of floodwaters; and
v.
Minimize or eliminate discharges into floodwaters.
6.
Public information.
a.
Place marks on structures to show the depth of inundation during the regional flood.
b.
All maps, engineering data and regulations shall be available and widely distributed.
c.
Real estate transfers should show what floodplain district any real property is in.
L.
Amendments. Obstructions or increases may only be permitted if amendments are made to this section, the official floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection L.3 below.
1.
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with Subsection L.3. Any such alterations must be reviewed and approved by FEMA and the DNR.
2.
In A Zones, increases equal to or greater than one foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this section, the official floodplain maps, floodway lines, and water surface profiles, in accordance with Subsection L.3.
3.
General. The governing body shall change or supplement the floodplain zoning district boundaries and this section in the manner outlined in Subsection L.4 below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
a.
Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
b.
Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
c.
Any changes to any other officially adopted floodplain maps listed in Subsection E.2.b;
d.
Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
e.
Correction of discrepancies between the water surface profiles and floodplain maps;
f.
Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
g.
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the flood fringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
4.
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of § 62.23, Wis. Stats. The petitions shall include all data required by Subsections I.4 and K.1. The site plan permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
a.
The proposed amendment shall be referred to the Plan Commission for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats.
b.
No amendments shall become effective until reviewed and approved by the Department.
c.
All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
M.
Enforcement and penalties. Any violation of the provisions of this section by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30, Wis. Stats.
N.
Definitions. See Section 13.06.14.
13.02.42 Bluffland Protection Overlay District.
A.
Purpose.
1.
The protection of visual, aesthetic, and ecological qualities of City bluffs and blufflands are identified within the City of Onalaska Comprehensive Plan. This section is hereby adopted to implement the Comprehensive Plan and to achieve the following public purposes:
a.
To minimize, to the greatest extent feasible, the visual, functional, and ecological impacts of land-disturbing activities of bluffs and blufflands, while also recognizing the legitimate expectations of property owners, and overall City economic development goals.
b.
To promote the retention and improvement of those ecological and vegetative qualities which serve to stabilize steep slopes and ridgelines.
c.
To protect persons, property, and property values from impacts characteristic of development occurring within, and in close proximity to bluffs. Such impacts include rock falls, rolling boulders, subsidence, and those associated with unstable soils, as erosion and sedimentation.
d.
To minimize public costs which may be associated with the development of bluff faces and ridgelines.
B.
Establishment. The Bluffland Protection Overlay District shall encompass all land within the City of Onalaska that is above 700 feet in elevation and has a slope greater than 30% and shall include a ten-foot buffer surrounding all areas with a minimum 30% slope. For reference, the limits of Bluffland Protection Overlay District shall be shown on the official City of Onalaska Overlay Zoning Map. Said limits may, in accordance with applicable law, be modified to reflect updated data sources, and newly annexed lands into the City. As appropriate, specific district limits shall be verified on a site-by-site basis.
C.
Jurisdiction. The provisions of this section shall apply to the use and development of all land located within the Bluffland Protection Overlay District, as defined pursuant to this section. In cases where standards of this section conflict with any other adopted standard of the City, the more restrictive standard shall apply.
D.
Erosion control permit required.
1.
No person shall commence any land disturbance activity without first securing an erosion control permit.
2.
In determining the need for such a permit, any person proposing to initiate any land disturbance activity, on a parcel of land including an overlay district designation, shall define specific Bluffland Protection Overlay District limits for the parcel based on an elevation over 700 feet and a slope greater than 30%. In all cases, information shall be reviewed and approved by the City Engineer.
E.
Exemptions. The following activities may be permitted within the Bluffland Protection Overlay District if preceded by the approval of an erosion control permit:
1.
Selective silvicultural crop harvesting, thinning, or removal activities.
2.
Construction of recreation trails, paths, and stairs.
3.
Native vegetation restoration projects, and the control and removal of invasive plant species, and noxious weeds (by mechanical means).
4.
The construction of publicly owned infrastructure such as utilities, water reservoirs, streets, stormwater retention facilities, etc.
5.
Construction of access roads (driveways) or installation of utilities to building sites of less than 30% slope or where slopes 30% and greater are less than 4,000 noncontiguous square feet.
F.
Standards. The following standards shall apply to any land disturbance activity that does not meet the criteria of Subsection E above.
1.
All structures shall be set back a minimum of 10 feet from any Bluffland Protection Overlay District. The planting of native tree and ground cover species within these setbacks shall be encouraged.
2.
Mass grading and the creation of artificial building pads shall be avoided. The intent of this provision being to promote structural design that fits existing site conditions to the greatest extent feasible.
3.
All feasible efforts shall be employed to retain native trees. Tree removal activity shall be limited only to that which is necessary to facilitate permitted structural or nonstructural use of a parcel.
4.
The maximum grade of any driveway serving any lot including an overlay district shall not exceed 15%.
13.02.43 Shoreland Protection Overlay District.
A.
General provisions.
1.
Statutory authority. The controls set forth in this section are pursuant to the authorization in §§ 62.23, 62.231, 62.233 87.30, and 281.31, Wis. Stats., as may be amended.
2.
Purpose. Uncontrolled use of shoreland and pollution of navigable waters would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
a.
Promote the public health, safety, convenience and general welfare;
b.
Prohibit certain uses detrimental to the shoreland area; and
c.
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland excavation, filling and other earthmoving activities.
3.
Compliance. Any use within or alteration of the shoreland area shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. All permitted development shall require the issuance of a site plan permit unless otherwise expressly excluded by a provision of this section.
4.
Abrogation and greater restrictions.
a.
This section supersedes all other sections of this Title, except that where another section is more restrictive that section shall continue in full force.
b.
The Shoreland Overlay District is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
B.
District boundaries.
1.
Shoreland areas regulated by this section shall include all the lands in the City of Onalaska that are:
a.
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Lakes, ponds, and flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources (DNR) Surface Water Data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.
b.
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, or other existing Floodplain Zoning Maps approved by the DNR shall be used to delineate floodplain areas.
c.
Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the DNR for a final determination of navigability or ordinary high-water mark.
2.
Pursuant to § 62.233 of the Wisconsin Statutes, as may be amended, this section does not apply to lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.
C.
Permitted uses.
1.
Uses allowed are determined by the base zoning district.
2.
Boathouses are prohibited within the City of Onalaska.
D.
Setbacks from navigable waters.
1.
Principal building setbacks. All principal buildings shall be set back at least 50 feet from the ordinary high water mark.
2.
Adjustment of shore yards. A setback less than that required by Subsection D.1 above may be allowed if the following apply:
a.
The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.
b.
The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
3.
The following accessory structures are allowed within the shoreland setback established in Subsection D.1 above:
a.
A structure that meets all the following:
i.
The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.
ii.
The total floor area of all of the structures in the shoreland setback area of the property will not exceed 200 square feet. In calculating this square footage, boathouses shall be excluded.
iii.
The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.
iv.
The preservation or establishment of a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water.
b.
A fishing raft for which the Wisconsin Department of Natural Resources has issued a permit under § 30.126, Wis. Stats., as may be amended.
c.
A broadcast signal receiver, including a satellite dish, or an antenna that is no more than one meter in diameter and a satellite earth station antenna that is no more than two meters in diameter.
d.
A utility transmission line, utility distribution line, pole, tower, water tower, pumping station, well pumphouse cover, private on-site wastewater treatment system that complies with Wisconsin Statutes Chapter 145, as may be amended, and any other utility structure for which no feasible alternative location outside of the setback exists and which is constructed and placed using best management practices to infiltrate or otherwise control stormwater runoff from the structure.
e.
A walkway, stairway, or rail system that is necessary to provide pedestrian access to the shoreline and is no more than 60 inches in width.
E.
Vegetative buffer zone. A vegetative buffer zone shall be maintained in the shoreland area in accordance with the following requirements:
1.
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in Subsection E.2 and 3 below.
2.
If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the invasive, dead, or diseased vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
3.
A person who is required to maintain or establish a vegetative buffer zone under this subsection may remove all of the vegetation in a part of that zone in order to establish a viewing and access corridor that is no greater than 35 feet wide for every 100 feet of shoreline frontage.
F.
Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
1.
The shoreland provisions of this section authorized by § 62.231, Wis. Stats., as may be amended, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland provisions, or of any environmental control facility in existence on the effective date related to such a structure. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats., as may be amended, which limits total lifetime structural repairs and alterations to 50% of current fair market value.
2.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this section.
3.
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under § 62.231, Wis. Stats., as may be amended, may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended.
4.
The maintenance and repair of nonconforming boathouses which are located below the ordinary high water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats., as may be amended.
5.
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
13.02.44 Wellhead Protection Overlay District.
A.
Purpose.
1.
The residents of the City of Onalaska depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Wellhead Protection Overlay District is to institute land use regulations and restrictions protecting the municipal water supply of the City of Onalaska and to promote the public health, safety and general welfare of the City's residents.
B.
Authority.
1.
Statutory authority of the City to enact these regulations is established under §§ 59.69 and 62.23(7)(c), Wis. Stats., as may be amended.
C.
Applicability.
1.
The regulations specified in this Wellhead Protection Overlay District shall apply to the incorporated areas of Onalaska that lie within the recharge areas for municipal water supply wells as defined in this section, and are in addition to the requirements in the underlying base zoning district, if any. If there is a conflict between this section and the underlying base zoning district, the more restrictive provision shall apply.
2.
All wellhead protection permits granted shall be subject to conditions that will include such environmental and safety monitoring as determined necessary to afford adequate protection of the public water supply.
3.
The person making the request shall reimburse the City for consultant fees and technical review committee expenses associated with this review at the invoiced amount, plus administrative costs.
D.
Supremacy of the district.
1.
The regulations of an overlay district shall apply in addition to all other regulations which occupy the same geographic area. The provisions of any base zoning districts that underlay this overlay district shall apply except when provisions of the Wellhead Protection Overlay District are more stringent.
E.
Conflict and interpretation.
1.
Conflict and interpretation of provisions. If the provisions of the different chapters of this Title conflict with or contradict each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter. In their interpretation and application, the provisions of this section shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.
F.
District boundaries.
1.
The locations and boundaries of the Wellhead Protection Overlay Districts established by this section are:
a.
City of Onalaska, Well Fields #7, #8 and #10 Wellhead Protection Area; and
b.
City of Onalaska, Well Field #9 Wellhead Protection Area.
The locations and boundaries of these overlay districts shall be shown on the City of Onalaska Overlay Zoning Districts Map, which are hereby made a part of this Title. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this Title a though fully set forth and described herein. |
2.
The Wellhead Protection Overlay Districts are represented by the area encompassing the modeled five-year time of travel. The Wellhead Protection Districts were determined utilizing accepted hydrogeological research and modeling techniques. Overlay district boundaries have been normalized to road center lines, water boundaries, and public land section lines as follows:
a.
Well Fields #7, #8 and #10. Part of the southeast one-quarter (SE 1/4), southwest one-quarter (SW 1/4), Section 28, and part of the southeast one-quarter (SE 1/4), Section 29, and part of the northeast one-quarter (NE 1/4), southwest one-quarter (SW 1/4) and southeast one-quarter (SE 1/4), Section 32, and part of the northeast one-quarter (NE 1/4), northwest one-quarter (NW 1/4), southwest one-quarter (SW 1/4), Section 33, Township 17 north (T17N), and part of the northwest one-quarter (NW 1/4), Section Four, and part of the northeast one-quarter (NE 1/4), northwest one-quarter (NW 1/4) and southeast one-quarter (SE 1/4), Section Five, Township 16 north (T16N), all in range seven west (R7W), Town of Onalaska and City of Onalaska, La Crosse County, Wisconsin, described as follows:
i.
Beginning at the intersection of the center lines of County Road SN and Juline Way;
ii.
Thence southwesterly along the center line of Juline Way to the center line of Kyle Lane;
iii.
Thence southwesterly and northwesterly along the center line of Kyle Lane to the center line of Craig Lane East;
iv.
Thence southwesterly along the center line of Craig Lane East and Craig Lane to the center line of Johns Court and the west line of Section 28;
v.
Thence south along the center line of Johns Court and the west line of Section 28 and the west line of Section 33 to the intersection of the center lines of Rolling Oaks Drive and Victoria Lane;
vi.
Thence northwesterly along the center line of Rolling Oaks Drive to the center line of Meier Line;
vii.
Thence southwesterly along the center line of Meier Lane to the center line of Franklin Street;
viii.
Thence southwesterly to a point on the center line of Cliffview Avenue which is 200 feet east of the center line of Johnson Street;
ix.
Thence west along the center line of Cliffview Avenue to the center line of East Avenue North;
x.
Thence south along the center line of East Avenue North to the center line of Riders Club Road;
xi.
Thence west along the center line of Riders Club Road the center line of Ridgeway Avenue;
xii.
Thence south along the center line of Ridgeway Avenue to the center line of Grove Street;
xiii.
Thence west along the center line of Grove Street to the center line of Third Avenue North;
xiv.
Thence southwesterly to the intersection of the center lines of Kramer Road and Hurricane Court;
xv.
Thence southerly along the center line of Hurricane Court to the center line of Schnick Road;
xvi.
Thence southwesterly along the center line of Schnick Road and Schnick Road extended southwesterly to the ordinary high-water mark of Lake Onalaska;
xvii.
Thence southeasterly along the ordinary high-water mark of Lake Onalaska to the center line of Popular Street extended westerly;
xviii.
Thence northeasterly along the center line of Popular Street and Popular Street extended westerly to the center line of Fourth Avenue North;
xix.
Thence southeasterly along the center line of Fourth Avenue north to the center line of Pearl Street;
xx.
Thence east along the center line of Pearl Street to the center line of Sixth Avenue North;
xxi.
Thence north along the center line of Sixth Avenue North to the center line of Spruce Street;
xxii.
Thence east along the center line of Spruce Street to the center line of Oak Avenue North;
xxiii.
Thence north along the center line of Oak Avenue North to the center line of Vilas Street;
xxiv.
Thence east along the center line of Vilas Street to the center line of Park Ridge Drive;
xxv.
Thence north along the center line of Park Ridge Drive 470.00 feet;
xxvi.
Thence northeasterly to the center line of County Road SN at a point 1,500.00 feet north of the intersection of County Road SN and State Road 53;
xxvii.
Thence northerly and westerly along the center line of County Road SN to the point of beginning.
b.
Well Field #9. Part of the southwest one-quarter (SW 1/4), southeast one-quarter (SE 1/4) and Northeast one-quarter (NE 1/4), Section nine, and part of the northwest one-quarter (NW 1/4), and southwest one-quarter (SW 1/4), Section 10, all in Township 16 north (T16N), range seven west (R7W), Town of Medary and City of Onalaska, La Crosse County, Wisconsin, described as follows:
i.
Beginning at the intersection of the center lines of Wilson Street and Eleventh Avenue South;
ii.
Thence south along the center line of Eleventh Avenue South 530.00 feet;
iii.
Thence west parallel with the center line of Wilson Street 520.00 feet more or less to the center line of Tillman Drive extended south;
iv.
Thence south parallel with the west line of Section nine 1,000.00 feet to the center line of Canary Lane extended west;
v.
Thence easterly to the intersection of the center lines of Canary Lane and Oriole Lane;
vi.
Thence east along the center line of Canary Lane to the center line of Eleventh Avenue South;
vii.
Thence southerly along the center line of Eleventh Avenue South to the center line of Oak Forest Drive;
viii.
Thence easterly along the center line of Oak Forest Drive to the center line of Twelfth Avenue South;
ix.
Thence southerly along the center line of Twelfth Avenue South to the center line of Interstate 90 (I-90);
x.
Thence east parallel with the south line of Section nine 1700.00 feet;
xi.
Thence northeasterly 900.00 feet more or less to the intersection of the center lines of Custer Court and Afton Place;
xii.
Thence east along the center line of Afton Place to the center line of Winter Street;
xiii.
Thence north along the center line of Winter Street and Winter Street extended north to the center line of Esther Drive;
xiv.
Thence northwesterly along the center line of Esther Drive 520.00 feet;
xv.
Thence southwesterly to the intersection of the center lines of Oak Forest Drive and Wilson Street;
xvi.
Thence west along the center line of Wilson Street to the point of beginning.
G.
Wellhead protection Technical Review Committee.
1.
The City of Onalaska Wellhead Protection Technical Review Committee shall consist of the following City staff:
a.
City Planner, acting as committee chair;
b.
City Engineer/Director of Public Works;
c.
Public Works Manager; and
d.
City Commercial Building Inspector.
2.
The purpose of the Onalaska Wellhead Protection Technical Review Committee is to provide objective and scientific technical review of requests for wellhead protection permits and to make recommendations to the Plan Commission to grant or deny wellhead protection permits based upon the facts discovered during review, to make recommendations on any and all provisions placed on a wellhead protection permit, and to give advice on matters concerning groundwater.
3.
The Onalaska Wellhead Protection Technical Review Committee may retain a consultant to assist in the review of requests for wellhead protection permits. Any costs incurred as part of the wellhead protection permit application review shall be reimbursed by the applicant.
H.
Uses.
1.
Permitted uses. The following permitted uses in Wellhead Protection Districts are subject to the separation distance requirements (set forth in Subsection I), prohibited uses (set forth in Subsection G.3), and applicable design and operational standards (set forth in Subsection H).
a.
Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems.
b.
Wildlife and natural and woodland areas.
c.
Biking, hiking, skiing, nature, equestrian and fitness trails.
d.
Municipally sewered residential developments.
e.
Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need.
f.
Public parks, playgrounds and beaches, provided on-site wastewater shall be discharged to a holding tank or municipal sewer.
g.
Single-family residences on a minimum lot of 40,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day, which meets the county and state health standards for the effluent, and is in conformance with Ch. SPS 383, Wis. Adm. Code, Safety and Professional Services, as may be amended.
h.
Residential use of aboveground LP gas tanks for heating, not to exceed 1,000 gallons.
i.
Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances does not exceed 20 gallons or 160 pounds at any time. Commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of regulated substances exceed 20 gallons or 160 pounds at any time must obtain a wellhead protection permit.
j.
A limited exclusion from the provision of Subsection H.1.h is authorized for nonroutine maintenance or repair of property or equipment. The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time.
k.
A limited exclusion from the provisions of Subsection H.1.h is authorized for each medical and research laboratory use; provided, however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
l.
A limited exclusion from the provision of Subsection H.1.h is authorized for regulated substances which are cleaning agents, provided such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. Citrus-based biodegradable cleaners are not considered a regulated substance. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
2.
Provisional permitted uses.
a.
The following uses are provisionally permitted in the Wellhead Protection Districts with a wellhead protection permit and specified conditions of approval:
i.
Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR 370, as may be amended).
ii.
Coal storage.
iii.
Motor vehicle services, including filling and service stations, repair, renovation and body working.
b.
Wellhead protection permits.
i.
Any person may request a wellhead protection permit for the uses, activities and structures within the Wellhead Protection Overlay District set forth in this subsection. All requests for a wellhead protection permit shall be submitted in writing to the City of Onalaska Planning Department for a review of permit application materials. The request will then, if properly prepared, be forwarded to the City Planner, as the Chairperson of the Wellhead Protection Technical Review Committee, for inclusion on the agenda of the next Plan Commission Meeting.
ii.
All wellhead protection permits granted shall be subject to provisions that will include such environmental and safety monitoring as determined necessary to afford adequate protection of the public water supply. These provisions shall include, but not be limited to:
1.
Provide current copies of all federal, state and local facility operation approval or certificates and ongoing environmental monitoring results to the City.
2.
Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.
3.
Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.
4.
Prepare, file and maintain a current contingency plan, which details the response to any emergency, which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the City.
iii.
The Plan Commission shall decide upon an application for a wellhead protection permit only after full consideration of the recommendations made by the Wellhead Protection Technical Review Committee. Any provisions above and beyond those specified in Subsection ii above, that are recommended by the Wellhead Protection Technical Review Committee may be applied to the granting of the wellhead protection permit by the Plan Commission.
iv.
The wellhead protection permit will become effective only after any costs incurred during the wellhead protection permit application review are satisfied by the applicant.
v.
Wellhead protection permits are nontransferable. In a case of business or property transfer, the new owner is responsible for applying for a new wellhead protection permit subject to Subsections H.2.b.i through iv.
3.
Prohibited uses. The following uses are prohibited in the Wellhead Protection Districts:
a.
Cemeteries.
b.
Chemical manufacturers (Standard Industrial Classification Major Group 28).
c.
Dry cleaners.
d.
Industrial lagoons and pits.
e.
Landfills and any other solid waste facility, except postconsumer recycling.
f.
Manure and animal waste storage, except animal waste storage facilities regulated by the county.
g.
All mining, including sand and gravel pits.
h.
Pesticide and fertilizer dealer, transfer or storage facilities where the pesticides and fertilizer are in bulk and/or unpackaged.
i.
Railroad yards and maintenance stations.
j.
Rendering plants and slaughterhouses.
k.
Salt or deicing material storage where the salt or deicing materials are in bulk and/or unpackaged.
l.
Salvage or junkyards.
m.
Septage or sludge spreading, storage or treatment.
n.
Septage, wastewater or sewage lagoons.
o.
Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.
p.
Stockyards and feedlots.
q.
Construction of a stormwater detention, retention or infiltration basin within 400 feet of a public water supply well shall not be allowed in accordance with state separation distance requirements [§ NR 811.12(5)(d)6].
r.
Wood-preserving operations.
I.
Design and operational standards.
1.
The following design standards apply to permitted wellhead protection land use activities within the Wellhead Protection Overlay District:
a.
All parking lots exceeding eight stalls, all sump pumps and all roof drains shall be connected to a storm sewer or other approved drain. Use of dry wells or other subsurface drains is prohibited.
b.
No more than 70% of a lot shall be covered by impervious surfaces such as buildings or parking lots.
c.
All parking lots shall be paved with asphalt or concrete.
d.
All stormwater conveyance within 400 feet from a well shall be via a swale lined with an appropriate impervious material or a watertight storm sewer pipe.
e.
Stormwater retention/infiltration ponds shall be avoided. Where their use cannot be practically avoided, the stormwater retention/infiltration ponds shall, at a minimum, use a fore bay design intended to maximize natural filtration. The fore bay designs shall include spill containment measures, initial and secondary detainment weirs and/or outfall control valves, per the State of Wisconsin Manual on Infiltration Basins. Soils within the Onalaska Wellhead Protection Areas consist of low organic sands. The groundwater is susceptible to contamination from certain herbicides, pesticides, volatile organic compounds, polynuclear aromatic hydrocarbons, salt and heavy metals potentially found in stormwater runoff. Persons proposing stormwater detention, retention or infiltration basins within the Onalaska Wellhead Protection Districts shall submit to the City Engineer plans and specification signed and sealed by a professional engineer licensed in the State of Wisconsin delineating: area of stormwater contribution, distance from public water supply wells, vertical distance from base of facility to normal groundwater table, anticipated potential stormwater pollutants, annual average mass for each parameter, and proposed operations and maintenance procedures. All proposed facilities shall be designed to minimize adverse impacts to the groundwater.
f.
Stormwater and sanitary sewer mains must meet separation distance requirements as defined in Subsection I.
g.
Sanitary sewer mains must be pressure tested in place to meet current State of Wisconsin Department of Administration Division of Facilities Development Master Specifications and applicable local or project specific specifications.
h.
Facilities that handle regulated substances shall have a minimum of one loading/unloading area designated for the handling of regulated substances. The designated loading/unloading areas shall be designed with spill and/or runoff containment that is connected to a municipal sanitary sewer lateral. The loading/unloading areas shall be designed to minimize precipitation or stormwater run on from entering the sanitary sewer. Regulated substances may be loaded/unloaded only in a designated handling area.
i.
Aboveground storage areas for regulated substances shall be designed with secondary containment capable of controlling 125% of the maximum design capacity of the liquid storage area.
j.
Facilities involved in the handling of regulated substances will, when determined necessary by the Committee, prepare a groundwater monitoring plan.
k.
All rail spurs used to transport regulated substances shall be designed to minimize infiltration and convey runoff to a stormwater conveyance system. Rail car loading/unloading areas used to handle regulated substances shall be designed with spill and/or runoff containment that is connected to a municipal sewer lateral. The loading/unloading area shall be designed to minimize precipitation or stormwater run on from entering the sanitary sewer.
2.
The following operational standards apply to permitted wellhead protection land use activities within the Wellhead Protection Districts:
a.
No outdoor storage of product, material, or equipment other than that approved through the provisional use permitting process shall be allowed. Any designated outdoor storage area shall be an impervious surface paved with concrete or asphalt and have secondary containment when applicable.
b.
Regulated substances associated with paving, the pouring of concrete, or construction for which all necessary permits have been obtained,may be handled in the Wellhead Protection Overlay District, provided such regulated substances are present at the construction site for which the permits have been issued and do not pose a real and present danger of contaminating surface and/or groundwater. For the on-site storage of fuel for vehicles or other equipment which may be associated with such construction activity the fuel storage containers shall be secondarily contained. Regulated substances not used in the construction process and all wastes generated during construction shall be removed from the construction site not later than at the time of the completion of the construction. If construction activity has ceased for 30 days, all regulated substances shall be removed from the site until such time as the construction activity is to resume.
c.
The use of deicing salt or other chemical deicing materials shall be minimized and used only when threats to safety occur.
d.
Except in the case of seasonal discontinuation of operation, the owner or operator of any nonresidential property that becomes unoccupied or has discontinued operation for a period of 30 consecutive days shall remove all regulated substances from the property, except those approved to be exclusively used for heating, cooling, and providing electrical lighting for the premises, within 30 days after the date upon which the property initially became unoccupied or the operation discontinued. The owner or operator shall secure the regulated substances on the property until they have been removed. The owner or operator shall notify the Planning Department in writing of the date of the cessation of operation or the property becoming unoccupied no later than the day upon which the operation actually ceases or the property becomes unoccupied, and such notification shall include the owner's name, phone number, and address and the operator's name, phone number, and forwarding address.
e.
Truck, truck trailer, rail car, or tank truck loading and unloading procedures for Regulated Substances shall meet the minimum requirements of the U.S. Department of Transportation (DOT) and Wisconsin DOT.
f.
No truck, trailer, rail car, or tank truck shall be used for on-site storage of regulated substances. Regulated substances shall be transferred from the delivery vehicle to the regulated substance storage area as soon as feasibly possible.
g.
Loading and unloading procedures for regulated substances shall occur in designated loading/unloading areas. Warning signs and chock blocks shall be provided in the loading and unloading area to prevent premature vehicular departure.
h.
Daily visual inspections of regulated substances shall be conducted to check for container damage or leakage, stained or discolored storage surfaces in all storage areas, excessive accumulation of water in outdoor curbed areas, and to ensure that dike drain valves are securely closed in outdoor curbed areas.
i.
Storage areas for regulated substances shall have access restricted to properly authorized and trained personnel.
j.
Companies shall provide adequate training to ensure that established operational safety plans and contingency plans are understood by all authorized personnel.
k.
Companies using or producing regulated substances shall have an adequate quantity of spill response equipment and supplies on-site to contain and cleanup spills of regulated substances.
l.
Annual spill prevention briefings shall be provided to authorized personnel by company management to ensure adequate understanding of the operational safety and contingency plans. These briefings shall highlight any past spill events or failures and recently developed precautionary measures. Records of these briefings shall be kept for documentation purposes.
m.
Instructions and phone numbers for reporting spills to the Onalaska Fire Department and other local, state and federal agencies shall be posted in all areas where regulated substances are handles.
J.
Separation distance requirements. The following separation distances as specified in § NR 811.12(5)(d), Wis. Adm. Code, shall be maintained:
1.
Ten feet between a well and an emergency standby power system that is operated by the same facility which operates the well and that has a double-wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of § ATCP 93.260 and receive written approval from the Department of Safety and Professional Service (DSPS) or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code.
2.
Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the 4 psi low-pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shutoff head.
3.
Two hundred feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private on-site wastewater treatment systems (POWTS) treatment tank or holding tank component and associated piping.
4.
Four hundred feet between a well and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.
5.
Six hundred feet between a well and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single-wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double wall, or single-wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the standard double-wall tank or single-wall tank secondary containment installation requirements of § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
6.
One thousand feet between a well and land application of municipal, commercial or industrial waste; the boundaries of a land-spreading facility for spreading of petroleum-contaminated soil regulated under Ch. NR 718, Wis. Adm. Code, while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.
7.
Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code enforcement standards; coal storage area; salt or deicing material storage area; any single-wall farm underground storage tank or single-wall farm aboveground storage tank or other single-wall underground storage tank or aboveground storage tank that has or has not received written approval from DSPS or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code, for a single-wall tank installation. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.
K.
Requirements for existing facilities.
1.
Existing facilities within the Wellhead Protection Overlay Districts at the time of enactment of such district which use, store, handle, or produce regulated substance in excess of quantities outlined in Subsections G and I, and all other facilities which are considered a prohibited use in Subsection G.3, Prohibited uses, or a wellhead protection use in Subsection G.2, Wellhead protection permits, shall be subject to the following requirements:
a.
Such facilities as defined in this Subsection J which exist within the district at the time of enactment of a district shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and ongoing environmental monitoring results to the City.
b.
Such facilities as defined in Subsection J which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the City, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.
c.
Such facilities as defined in Subsection J cannot engage in or employ a use, activity, or structure listed in Subsection G.3, Prohibited uses, or in Subsection G.2, Permitted wellhead protection uses, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace in kind or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or provisional permitted use shall be expanded, replaced in kind, or rebuilt unless a wellhead protection permit is granted for such expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.
d.
Such facilities as defined in this Subsection K cannot change the quantity or type of regulated substances handled, used or stored by the facility at the time of enactment of a district unless a provisional use permit is granted for such change in quantity or type.
L.
Changing technology.
1.
The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low- or non-risk materials or methods, upon petition regarding such use, after conferring with the Wellhead Protection Technical Review Committee or other expert opinion, and after appropriate public notice and hearing, the City, through appropriate procedures and actions to change these provisions of the UDC, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.
2.
In dealing with uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.
M.
Enforcement and penalty.
1.
Penalty. Any person who violates, neglects or refuses to comply with any of the provision of this section shall be subject to a penalty as provided in Title 1 of this Code of Ordinances.
2.
Injunction. The City of Onalaska may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provision herein, the cost of which shall be charged to the defendant in such action.
3.
Notice of violation.
a.
Any person found in violation of any provisions of this section will be served with a written notice stating the nature of the violation and providing reasonable time for compliance.
b.
The notice shall be served in the manner provided by the law for the service of civil processes. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the county tax record.
4.
Inspection. Subject to applicable provision of law, a City of Onalaska Inspector or authorized representative thereof shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this section to ensure that activities are in accordance with the provision of Subsections G through J. Upon request of the entity which is the subject of the inspection, and if permitted by Wisconsin Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the appointed individual for the above-stated purposes, the Plan Commission may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.
5.
Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, property, or equipment which is a part of or used in conjunction with water facilities of the City and/or any other protected public water supply, or which results in the violation of Subsections G through J.
6.
Subject area. The area subject to the provisions of this section is the Wellhead Protection Overlay District as shown on the Official Zoning Map of the City of Onalaska and as legally described in Subsection D.
7.
Determination of applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Wellhead Protection Overlay District to make a determination of the applicability of Subsections G through I as they pertain to the property and/or business, and failure to do so shall not excuse any violation of said subsections.
8.
Management.
a.
No persons shall place, deposit, or permit to be deposited, store, process, use, produce, dispose of, transport, or discharge, hereinafter referred to as "handle," any regulated substance on public or private property within the Wellhead Protection Overlay District or in any area under the jurisdiction of said Wellhead Protection Overlay District, except as provided by law, statute, ordinance, rule or regulation.
b.
Any violation of Subsection M.8.a is hereby determined to be a nuisance.
9.
Spills, leaks or discharges.
a.
Any person with direct knowledge of a spill, leak or discharge of a regulated substance within the Wellhead Protection Overlay District shall, if such spill, leak or discharge escapes containment or contacts a non-impervious ground surface and is not immediately and completely remediated, give notice to the Onalaska Fire Department utilizing the countywide 911 service and the Public Works Manager for the City of Onalaska, or the operator on duty at the affected or potentially affected water treatment facility by telephone within 30 minutes. The notification shall include, at a minimum, the location of the incident, name and telephone number of the contacting party, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, state, and federal reporting obligations.
b.
Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City of Onalaska in response to such an incident, in addition to the amount of any fines imposed on account thereof under state and federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.
N.
Cleanup costs. As a substitute for or in addition to any other action, the City of Onalaska may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a Wellhead Protection Overlay District shall immediately cease such discharge and immediately initiate clean up satisfactory to the City of Onalaska and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally liable for the cost of cleanup, the cost of any consultant or other contractor employed for the cleanup, as well as all administrative costs for City, consultant or contractor oversight, review and documentation, and all costs for use of City staff time, equipment and direct expenses, such as mileage, photocopying, phone tolls, etc.
13.02.45 Historic Preservation Overlay District.
A.
Purpose. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archaeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this section is to:
1.
Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history.
2.
Safeguard the City's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
3.
To the extent of maintaining the general goals of this Title, protect and enhance the City of Onalaska's attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry and foster the revitalization and redevelopment of Onalaska.
4.
Improve and enhance the visual and aesthetic character of the City of Onalaska for the purpose of stabilizing and improving property values.
5.
Provide for public education and promotion of the City of Onalaska's architectural, archaeological, aesthetic, historic and associative improvements, sites and districts.
6.
Protect and enhance viewsheds of the Black River, Lake Onalaska and the Mississippi River Valley to preserve Onalaska's waterfront heritage.
B.
Historic designation criteria.
1.
For purposes of this section, a historic structure, site, or district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archaeological, aesthetic, or cultural significance to the City which:
a.
Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community;
b.
Are identified with historic personages or with important events in national, state or local history;
c.
Embody the distinguishing characteristics of an architectural type of specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship;
d.
Are representative of the notable work of a master builder, designer or architect who influenced their age;
e.
Have yielded, or may be likely to yield, information important to prehistory or history; or
f.
Provide dramatic viewsheds of the Black River, Lake Onalaska and the Mississippi River Valley and Onalaska's historic waterfront.
2.
The Historic Preservation Commission shall adopt specific operating guidelines for historic structure, site and district designation, providing such are in conformance with the provisions of this section.
C.
Designation procedure for historic structures and sites.
1.
The Historic Preservation Commission may make recommendations to the Common Council for the scheduling of a public hearing after application of the criteria in Subsection 5B.1.a through f above. At least 10 days prior to such hearing, the Historic Preservation Commission shall notify owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.
2.
The Common Council, upon receipt of the recommendations from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in Subsection E below, and following the public hearing shall either designate or reject the historic site or structure. Designation of the historic site or structure shall constitute adoption of the plan prepared for said structure(s) and site(s) and direct the implementation of said plan.
3.
After the designation or rejection has been made, notification shall be sent to the property owner(s). Notification shall also be sent to the City Clerk, Building Inspector, Plan Commission, and the City Assessor. The Historic Preservation Commission shall cause the designation or rejection to be recorded at the City's expense in the Office of the La Crosse County Register of Deeds.
D.
Designation procedure for historic districts.
1.
For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as historic districts and shall prepare a Historic Preservation Plan for each area. A historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the City, after application of the criteria in Subsection B.1.a through f above. Each Historic Preservation Plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic/archaeological significance of the area, the specific guidelines for development, and a statement of preservation objectives.
E.
Historic designation review and adoption procedure.
1.
Historic Preservation Commission. The Historic Preservation Commission shall hold a Class 1 public hearing when considering the plan for a historic district and notification shall be sent to the owners of record within the proposed historic district and those properties situated in whole or in part within 200 feet of the boundaries of the historic district. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan.
2.
Common Council. The Common Council, upon receipt of the recommendation from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in Subsection E.1 above, and shall following the public hearing either designate or reject the historic district. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct the implementation of said plan.
F.
Guidelines for development of historic structures, sites or districts.
1.
Facade treatments, roof design, building additions, and architectural elements should be visually compatible with the buildings and environment to which the improvement is visually related.
2.
Building materials, colors and patterns should be visually compatible with the buildings and environment to which the improvement is visually related.
3.
Signage, lighting and other amenities should be properly scaled and compatible with the visual surroundings.
4.
Landscape treatments should be well maintained and properly designed for the individual building, its occupants and the surrounding visual environment.
G.
Building permits.
1.
No building permit shall be issued by the Building Inspector for the alteration, construction, demolition, or removal of a nominated historic structure or site unless approved by the Historic Preservation Commission or the Common Council. Where such alteration, removal or demolition is necessary to avoid imminent peril to life or property as determined by the Inspection Department, a building permit may be issued by the Inspection Department without formal approval by the Historic Preservation Commission or the Common Council. In no event shall the delay be for more than 180 days.
H.
Recognition of historic structures, sites and districts. At such time as a historic structure, site or district has been properly designated, the Historic Preservation Commission, in cooperation with the property owner, may cause to be prepared and erected on such property at City expense, a suitable plaque declaring that such property is a historic structure, site or district.
I.
General standards.
1.
Property maintenance. Every person in charge of an improvement on a historic site or designated structure in a historic district shall keep in good repair all of the exterior portion of such improvement and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to fall into a state of disrepair. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.
2.
Penalties for violations. Any person or persons violating any provision of this Overlay District shall be subject to the general penalty provisions listed in Title 1 of the Onalaska Code of Ordinances. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.
3.
Public safety and health issues. The Building Inspector may order the remedy to any condition affecting public safety or health in any historic site, structure or site within a historic district prior to the approval of the Historic Preservation Commission and Common Council. The Building Inspector shall promptly notify the Historic Preservation Commission and Common Council of any such action.
13.02.51 R-3 Medium-Density Residential and R-4 High-Density Residential Districts.
A.
Building height standards.
1.
Upper stories stepback. (See Figure 13.02.51-1.)
a.
A new building/addition that is more than one story taller than directly adjacent buildings (non-historically designated) shall incorporate a minimum eight-foot stepback for the stories that are more than one story above directly adjacent buildings.
B.
Building facade standards.
1.
Facade horizontal articulation/divisions. (See Figure 13.02.51-1.)
a.
A building facade fronting on a public street, park, or plaza shall have a minimum of two architectural features for two-story structures. A horizontal architectural feature is composed of a decorative, three-dimensional, horizontal element that projects out or is recessed in from the exterior facade of a building at least two inches.
2.
Facade vertical articulation/divisions. (See Figure 13.02.51-1.)
a.
Any ground-story facade fronting on a public street, park, or plaza that exceeds 40 feet in width shall be visually divided into smaller sections through articulation of the facade, every 40 feet at a minimum. Articulation techniques include vertical recesses or projections of the building facade, window bays, balconies, and changes in exterior materials.
b.
For upper stories, facade articulation shall occur for facades exceeding 80 feet in width on a public street, park, or plaza, every 80 feet at a minimum.
3.
Facade transparency.
a.
A residential building facade fronting on a public street, park, or plaza shall have a minimum transparency of 20%.
b.
Side and rear facades, which are clearly visible from a public street, park, or plaza, shall have a minimum transparency of 12%, unless otherwise prohibited by Title 15, Building Code.
c.
Blank wall areas fronting on a public street, park, or plaza shall not exceed a rectangular area greater than 30% of a story's facade, as measured from floor to floor, and shall not exceed a horizontal distance greater than 15 feet of a story's facade.
4.
Building entries.
a.
A prominent entry is required on any building facade fronting on a public street, park, or plaza.
C.
Open space standard.
1.
For the R-3 and R-4 Districts, common open space shall comprise a minimum of 25% of the gross land acres which includes setback areas and shall not include:
a.
Street right-of-way;
b.
Parking areas and driveways;
c.
Building sites; and
d.
Inaccessible stormwater ponds.
Figure 13.02.51-1 Residential Building Height and Facade Standards  |
13.02.52 R-MMH Manufactured and Mobile Home District.
A.
It shall be unlawful for any person to establish, operate, maintain or administer or permit to be established, operated or maintained upon any property owned, leased or controlled by them a manufactured or mobile home community within the City without a valid, unexpired mobile home park license as set forth Section 7.03.12. of the City of Onalaska Code of Ordinances.
B.
It is the intent of this section to recognize mobile homes constructed prior to October 1, 1974, as distinct and different from units designated as mobile home within the definitions of this Title and to prohibit units not meeting the requirements for mobile homes as defined herein. Units constructed prior to 1974 are prohibited. A site plan permit may be obtained only after approval by the Plan Commission and Common Council.
C.
In addition to the definitions in Chapter 06, definitions contained in § 66.0435, Wis. Stats., as may be amended, shall also be applicable.
D.
No person shall park, locate or place any manufactured or mobile home outside of a licensed manufactured and mobile home district in the City of Onalaska, except unoccupied manufactured or mobile homes may be parked on the lawfully situated premises of a licensed manufactured or 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 manufactured or mobile home for purposes of sales display for a period not exceeding 120 days, provided no business is carried on therein, or in an accessory private garage, building or rear yard of the owner of such manufactured or mobile home, provided no business is carried on therein.
E.
No person shall construct, alter, modify or extend any mobile home community or mobile home community building or facility within the limits of the City without first securing a site plan permit from the City.
F.
Minimum dimensional requirements for a R-MMH District consists of the following:
1.
Where a R-MMH District is to be established for the development of a manufactured or mobile home community, the minimum area shall be 15 acres.
2.
The minimum number of manufactured or mobile home spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25% of total spaces permitted on a zoned site.
3.
The two limitations above shall not apply where expansion of an existing manufactured or mobile home district is concerned and where such expansion will not increase variation from requirements that apply to manufactured or mobile home districts, as set forth herein.
4.
The maximum number of manufactured or mobile home spaces shall be 10 per acre and individual spaces shall not be less than 4,000 square feet in area and arranged to afford ample area for a variety of units.
5.
The minimum dimensions of a manufactured or mobile home space shall be 40 feet wide by 100 feet long, and no manufactured or mobile home shall cover more than 25% of the space. Accessory structures, such as awnings, cabanas, storage cabinets, carports, garages, windbreaks or attached porches, shall be considered part of the manufactured or mobile home unit for purposes of determining compliance with this provision.
6.
A minimum setback of 25 feet from all public rights-of-way and 10 feet from any park drive or common area, including common parking areas for newly established districts.
7.
Minimum side and rear lot setbacks of 10 feet, 15 feet from any other unit.
G.
In manufactured or mobile home districts, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on spaces they occupy in residential use.
H.
No manufactured or mobile home space shall be rented for a period of less than 30 days.
I.
State Uniform Dwelling Code § SPS 321.40 and Ch. SPS 326 and the State Electrical Code Ch. SPS 316, as may be amended, are hereby made a part of this section and incorporated herein by reference as if fully set forth, except that such regulations shall not be deemed to modify any requirement of this section or any other applicable law or ordinance of the state or City.
J.
All drives, parking areas and walkways shall be of hard-surfaced material [bituminous concrete or similar material capable of carrying a wheel load of 4,000 pounds] and there shall be two such surfaced automobile parking spaces for each manufactured or mobile home space.
K.
Exposed ground surfaces in all parts of every manufactured or mobile home district shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.
L.
All manufactured or mobile home districts shall have a greenbelt or buffer strip not less than 10 feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all manufactured and mobile home districts shall be screened by a vegetative buffer in the form of evergreens and/or deciduous plantings so arranged that within 10 years they will have formed a screen equivalent in opacity to a solid fence or wall, except where the adjoining property is also a manufactured or mobile home district. Compliance with this requirement shall be made prior to granting occupancy permits. Permanent plantings shall be grown and maintained at a height of not less than 15 feet.
M.
Single-family nondependent manufactured or mobile homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off street parking lots, one park office and service and/or storage buildings for exclusive use of residents shall be the only permitted uses in manufactured or mobile home districts, provided the Common Council may approve the following uses when designed and limited to exclusive use of residents:
1.
Laundromats;
2.
Clubhouses and facilities for private, social or recreation clubs; and
3.
Swimming pools.
N.
Park occupants shall be responsible for proper placement of their manufactured or mobile homes on its space and proper installation of all utility connections in accordance with the instructions of the park management.
O.
New manufactured or mobile homes constructed after April 1, 2007 shall adhere to the Manufactured Home Installation Manual in accordance with Ch. SPS 321, Wis. Adm. Code, as may be amended, provided by the State of Wisconsin Department of Safety and Professional Services.
P.
Inspection Department. No person shall construct, alter or add to any structure, attachment or building in a manufactured or mobile home district or on a manufactured or mobile home space without a permit from the Inspection Department. Construction on, or addition or alteration to the exterior of a manufactured or mobile home, shall be of the same type of construction and materials as the mobile home affected. This subsection shall not apply to addition of awnings, antennas or skirting to mobile homes.
Q.
Common recreational facilities.
1.
In all manufactured or mobile home districts, there shall be one or more recreation areas easily accessible to all residents.
2.
No less than 10% of the total area of any manufactured or mobile home district established under these regulations shall be devoted to common recreational areas and facilities, such as playgrounds, swimming pools, community buildings, ways for pedestrians and cyclists away from streets and play areas for small children for other recreational areas in block interiors. At least one principal recreation and community center shall contain not less than 5% of the total area of the district. No single recreation area shall contain less than 2,500 square feet unless each manufactured or mobile home space is provided with contiguous common recreational area not less than 20 feet wide at the narrowest dimension.
3.
To be countable as common recreational area, interior blockways for pedestrians or cyclists shall form part of a system leading to principal destinations. Such ways may also be used for installations of utilities.
4.
Common recreational area shall not include streets or parking areas, shall be closed to automotive traffic except for maintenance and service vehicles, and shall be improved and maintained for the uses intended.
5.
Recreation areas shall be so located as to be free of traffic hazards and convenient to mobile home spaces that they serve.
R.
Exterior yards for manufactured or mobile home districts; minimum requirements; occupancy. The following requirements and limitations shall apply to yards at the outer edges of mobile home districts:
1.
Along public streets. Where R-MMH Districts adjoin public streets along exterior boundaries, a yard at least 25 feet in minimum dimensions shall be provided adjacent to such streets. Such yard may be used to satisfy open space depth requirements for individual dwellings but shall not contain carports, recreational shelters, storage structures or any other structures generally prohibited in yards adjacent to streets in residential districts. No direct vehicular access to individual lots shall be permitted through such yards, and no group parking facilities or active recreation areas shall be allowed therein.
2.
At edges of R-MMH Districts (other than at streets or alleys). Where R-MMH Districts are so located that one or more boundaries are at the edges of R-MMH Districts and adjoining neighboring districts without an intervening street, alley or other permanent open space at least 20 feet in width, an exterior yard at least 20 feet in minimum dimension shall be provided. Where the adjoining district is residential, the same limitations on occupancy and use of such yards shall apply as stated above concerning yards along public streets. Where the adjoining district is nonresidential, such yards may be used for group or individual parking, active recreation facilities or carports, recreational shelters or storage structures.
13.02.53 MC Medical Campus District.
A.
District intent.
1.
Encourage the development of medically related uses which, by their interrelationship, benefit by proximity;
2.
Provide an appropriate and healing setting for delivering high quality health care services;
3.
Encourage the preparation of campus master plans that enable adjacent neighborhoods and the broader community to understand the levels of development being proposed, their likely impacts, and appropriate mitigation measures;
4.
Create well-designed development with a unified feel while providing flexibility in placement and clustering of buildings, use of open space, provision for pedestrian and traffic circulation, parking, transit facilities and related site design and safety considerations; and
5.
Ensure future capacity for the placement of medical facilities to meet the evolving health care needs of the City and region.
B.
Preexisting standards.
1.
Any development, lot of record, or structure legally operated prior to February 11, 2020, shall be considered a permitted use and legally conforming within the MC District. Any redevelopment or addition to a development, lot of record or structure shall be required to conform to the forms and functions and development standards found within the MC District. Any change in form or function shall conform to permitted and permitted with standards form and function standards as described in the MC District.
C.
Architectural review.
1.
Architectural review shall be in conformance with the requirements of this subsection and the following standards, and will follow site plan permit procedures in Section 13.05.21.
a.
The intent of the architectural review is to ensure that architectural features and building designs contribute to a cohesive image and identity for the MC District.
b.
Exterior materials, colors, accents, styles and rooflines shall be compatible with the purpose and intent of this district.
c.
All exterior building and accent materials shall be of a color(s) compatible with other buildings within the district and have comparable color intensity/value. Acceptable colors consist of neutral earth-tone colors such as brown, gray, tan, umber, mahogany, terra cotta, forest green, burgundy or dark blue. Glass, brick or decorative stone or high-quality architectural concrete panels for exterior building materials shall be required.
d.
To prevent long, monotonous, uninterrupted walls; recesses, projections, columns, offsets, or change in building wall plan or material and/or color shall be required, at a minimum, every 75 feet of wall length. Projections, recesses and decorative columns shall be a minimum of one foot wide and one foot deep.
e.
To prevent, long monotonous, uninterrupted pitched roof planes; dormers, gables or roof offsets shall be required, at a minimum, every 75 feet of pitched roof length.
D.
Site design elements.
1.
Landscaping, lighting, and other site design elements shall be in conformance with the requirements of this section and shall contribute to a cohesive image and identity for the MC District. Internal and external sidewalks and/or trail connections shall be provided for safe and convenient pedestrian movements. Provision for existing or future transit service shall be provided where appropriate.
a.
Distance between buildings. Minimum distance between buildings is 20 feet.
b.
Building height. Buildings in excess of the district's maximum height limitation may be allowed, provided that setback requirements from shared parcel boundaries shall be increased by at least one foot for each additional five feet of building height above the maximum building height allowed by this district, with recommended vegetated or nonvegetated screening. Maximum building height cannot exceed the AOZD height limitations.
c.
Screening and fencing. Screening via berms and landscaping is required for any side yard or rear yard immediately adjacent to a residential district. A landscaped buffer zone of not less than 20 feet wide and five feet in height at the time of installation shall be established and maintained, consisting of evergreens, shrubs, or other screening vegetation. Other nonvegetated screening may also be required. Nonvegetative screening to comply with screen and buffer standards set forth in Chapter 03, Division 5.
d.
Environmental design. Development within the MC District shall be designed to preserve existing vegetation and topography where practical and shall be consistent with the goals and objectives of the Onalaska Comprehensive Plan and La Crosse County Sanitary Sewer Agreement.
e.
Parking. Off-street parking for separate uses may be provided collectively if the total number of spaces is not less than the sum of the separate requirements for each such use unless a reduction in required parking is allowed as part of the Campus Master Plan. See Section 13.03.21 for parking requirements.
f.
Streets, utilities and drainage. All publicly dedicated streets, utilities and stormwater facilities shall be designed in accordance with City ordinances, policies and standards. The City may consider flexible standards during site plan review for streets if the developer has demonstrated that the proposed design and layout warrants varying standards and the design meets the provisions of this section.
g.
Open space. Overall site to provide a minimum of 10% open space which may include courtyards, grassed areas, pedestrianways, accessible stormwater ponds, etc.
h.
Landscaping. Refer to Section 13.03.31. Recommended additional landscaping along pedestrianways.
i.
Accessory building. No accessory buildings shall exceed the height, floor space or footprint of a principal building or exceed 40 feet in height.
j.
Outdoor display, sales area or tent. No outdoor display, sales area or tent shall be allowed per Section 13.02.68, Subsections M and N.
k.
Outdoor storage. All outdoor storage is subject to the standards in Section 13.03.52A.2.
l.
Refuse and recycling. All waste material, refuse, garbage or recycling shall be kept indoors, or if kept outdoors will be subject to Chapter 03, Division 1.
m.
Other requirements. The Plan Commission and Common Council may apply additional requirements as necessary to implement the purpose of this district and the Comprehensive Plan.
13.02.54 MU-C Mixed-Use Community and MU-N Mixed-Use Neighborhood Districts.
A.
Building siting standards.
1.
Building street frontage. (See Figure 13.02.54-1.)
a.
In the MU-C District, the minimum percentage of the street frontage for each lot that must be occupied by a building facade, as measured at the required maximum front yard setback, shall be 75%. This standard applies to the front property line street frontage and, for a corner lot, one exterior side property line frontage. Recesses in a building facade do not qualify as meeting the minimum building street frontage standard. In the MU-N District, the minimum building street frontage for each lot shall be 60%.
b.
The portion of a lot's front property line that does not have a building facade located at the maximum front yard setback, up to 25% of the lot's front property line in the MU-C District and up to 40% in the MU-N District, shall be designed and used for outdoor seating or dining, building entries, landscaping, pedestrian pathways, driveways, or parking areas.
Figure 13.02.54-1 MU-C and MU-N Building Street Frontage  |
2.
Off-street parking location.
a.
Off-street surface parking shall not be allowed between a building and a sidewalk.
b.
Parking area entrances and exits shall be located on secondary streets or alleys where possible.
c.
The number of driveways shall be limited in order to maximize the amount of on-street parking spaces.
d.
A parking structure shall meet all building siting, height, and facade standards.
B.
Building height standards.
1.
Building height.
a.
A new nonresidential building/addition shall have a minimum building facade height of 1.5 stories and a new mixed-use or residential building/addition shall have a minimum building height of two stories.
b.
A new building/addition that is more than one story taller than directly adjacent buildings (non-historically designated) shall incorporate a minimum eight-foot stepback for the stories that are more than one story above directly adjacent buildings.
2.
Story height.
a.
The ground story of a new building/addition shall have a minimum interior clear (floor to ceiling) height of 12 feet.
b.
Minimum interior clear height for upper stories shall be nine feet.
C.
Building facade standards. (See Figure 13.02.54-2.)
1.
Horizontal facade articulation/divisions.
a.
A building facade fronting on a public street, park, plaza, or downtown alley shall have a minimum of two architectural features for two-story structures. A horizontal architectural feature is composed of a decorative, three-dimensional, horizontal element that projects out or is recessed in from the exterior facade of a building at least two inches.
b.
A nonresidential or mixed-use building facade fronting on a public street, park, plaza, or downtown alley shall have a flat or low-slope roof with a parapet or cornice cap. A residential building is allowed to have either a pitched roof typical of residential buildings or a roof form that complements existing roof forms in the MU-C District.
2.
Vertical facade articulation/divisions.
a.
Any ground-story facade fronting on a public street, park, plaza, or downtown alley that exceeds 40 feet in width shall be visually divided into smaller sections through articulation of the facade, every 40 feet at a minimum. Articulation techniques include vertical recesses or projections of the building facade, window bays, balconies, and changes in exterior materials.
b.
For upper stories, facade articulation shall occur for facades exceeding 80 feet in width on a public street, park, or plaza, every 80 feet at a minimum.
Figure 13.02.54-2 MU-C and MU-N Building Facade Standards  |
3.
Facade transparency. (See Figure 13.02.54-3.)
a.
A ground-story facade of a nonresidential or mixed-use building fronting on a public street, park, or plaza shall have a minimum transparency of 60%; residential buildings shall have a minimum of 20%.
b.
Upper-story facades fronting on a public street, park, or plaza shall have a minimum transparency of 20%.
c.
Side and rear facades, which are clearly visible from a public street, park, plaza or downtown alley, shall have a minimum transparency of 12% unless otherwise prohibited by Title 15, Building Code.
d.
Tinted or reflective glass is prohibited for windows and doors on ground story facades fronting on a public street, park, plaza, or downtown alley. Non-tinted, clear low-E window coatings are permitted. Glass block is prohibited on all facades, ground and upper stories, fronting on a public street, park, or plaza.
e.
Blank wall areas fronting on a public street, park, plaza, or downtown alley shall not exceed a rectangular area greater than 30% of a story's facade, as measured from floor to floor, and shall not exceed a horizontal distance greater than 15 feet of a story's facade.
Figure 13.02.54-3 MU-C and MU-N Facade Transparency  |
D.
Facade materials.
1.
In the MU-C District, dominant materials, constituting a minimum 75% of a facade (excluding glass windows), fronting on a public street, park, plaza, or downtown alley, shall consist of higher quality, more durable materials characteristic of traditional downtown buildings, including masonry (clay or concrete brick, natural or textured cast concrete stone). Other modern materials will be considered by the City if they provide similar visual character, color, and quality to that of traditional downtown building materials.
2.
In the MU-C District, prohibited materials on a facade fronting on a public street, park, plaza, or downtown alley are lower quality, less durable finish materials that do not complement materials characteristic of traditional downtown buildings, including nontextured cast concrete, cement-based stucco, synthetic stucco or EIFS (below the third story), glass block, vinyl, aluminum, and other materials resulting in similar visual character. These materials may be used on rear and side building facades.
3.
In the MU-C District, accent materials, constituting a maximum 25% of a facade (excluding glass windows), allowed on a facade fronting on a public street, park, plaza, or downtown alley may include dominant facade materials, as well as glass, architectural or decorative metal, architectural exposed concrete panels, decorative tile, and stucco/EIFS (above the second story).
4.
The facade materials standards above shall apply to all facades of buildings for stories above the second story, which are clearly visible from a public street, park, plaza, or downtown alley.
E.
Building entries.
1.
A prominent entry is required on any building facade fronting on a public street, park, plaza, or downtown alley.
F.
Additional standards.
[Amended 7-12-2022 by Ord. No. 1736-2022]
1.
Open space standard. See Section 13.02.51.C for minimum open space requirements if proposed development will only include residential uses.
2.
Site and lot dimension standards for residential uses. See Tables 13.02.24-1 and 13.02.25-1 for minimum lot dimensions and site dimensions if proposed development will only include residential uses. The Zoning Administrator shall determine which residential zoning district standards are appropriate based upon the proposed development.
13.02.55 A-1 Agricultural District.
A.
Farm dwellings for those resident owners and laborers actually engaged in the permitted uses are accessory uses and shall comply with all of the provisions of the R-2 Low-Medium Residential District.
13.02.61 Specific residential principal uses.
A.
Bed-and-breakfast establishment.
1.
Compliance with state standards. All bed-and-breakfast establishments and licensees shall be subject to and comply with Chapter ATCP 73, Wis. Adm. Code, relating to bed-and-breakfast establishments or Ch. ATCP 72, Wis. Adm. Code, relating to hotels, motels and tourist rooming houses.
2.
City permit required. In addition to the permit required by Chapters ATCP 72 and 73, Wis. Adm. Code, before opening for business, every bed-and-breakfast establishment shall obtain a permit from the City Clerk.
3.
Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off street parking space for each room offered for occupancy in addition to one parking space provided for the dwelling unit. Establishments otherwise qualifying under this section regulating bed-and-breakfast establishments shall not be subject to the other requirements of the UDC with respect to traffic, parking and access.
B.
Dwelling, zero lot line.
1.
The outside walls of the structure shall be set back a minimum of 10 feet from the side property lines of the lot of record before subdivision, side yard setback to be measured along a line parallel to the street from the closest point of the structure to the side property line.
2.
An appropriate document shall be submitted to the Inspection Department and filed with the Office of the La Crosse County Register of Deeds which provides for the maintenance of common areas and facilities and resolution of disputes with respect to maintenance of the entire structure and grounds. Said document to be signed, recorded and remain as a condition on the real estate. This provision shall only apply to new construction commenced after September 17, 1984.
C.
Dwelling, senior independent living.
1.
The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design, including all common structures, facilities, utilities, access and open spaces shall be assured by deed restrictions and/or by contract.
D.
Existing planned residential development.
1.
The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design, including all common structures, facilities, utilities, access and open spaces, shall be assured by deed restrictions and/or by contract.
2.
The following provisions shall be complied with:
a.
Lot area. Minimum of 2/3 of the minimum of the R-3 Medium-Density District minimum lot area in Table 13.02.24-1.
b.
Lot width. Minimum of 2/3 of the minimum of the R-3 Medium-Density District minimum lot frontage in Table 13.02.24-1.
13.02.62 Specific public and institutional uses.
A.
Club, lodge or meeting place of a noncommercial nature.
1.
All principal structures and uses shall be a minimum of 25 feet from any lot line.
B.
Child-care center, licensed group.
1.
All principal structures and uses shall have the greater of the applicable district side yard setback or a minimum six-foot side yard setback.
2.
Play equipment, swings, sand boxes, or similar structures shall not be located in the required front yard setback and shall be effectively screened from any adjacent residential use.
3.
The boundaries of an outdoor play space shall be defined by a permanent enclosure not less than four feet high to protect the children. Fencing, plants or landscaping may be used to create a permanent enclosure.
C.
Funeral home or mortuary.
1.
All principal structures and uses shall be a minimum of 25 feet from any lot line.
D.
Hospital.
1.
All principal structures and uses shall be a minimum of 40 feet from any lot line.
E.
Place of worship.
1.
All principal structures and uses shall be a minimum of 40 feet from any lot line.
F.
[1]School, elementary or secondary.
[Amended 10-11-2022 by Ord. No. 1746-2022]
1.
A parcel that contains a school shall provide a minimum of 10% of the parcel as dedicated open recreational space for student use.
[1]
Editor's Note: Former Subsection F, School, college/university/trade/business, was repealed 9-13-2022 by Ord. No. 1745-2022. This ordinance also redesignated former Subsection G as Subsection F.
13.02.63 Specific business uses.
A.
Animal/veterinary clinic or hospital.
[Amended 3-9-2021 by Ord. No. 1698-2021]
1.
All principal structures and uses shall be a minimum of 50 feet from a residence. If the clinic or hospital provides boarding, sheltering, or day-care services, the requirements from Subsection B as stated below shall be followed.
B.
Animal boarding, shelter or day-care center.
[Amended 3-9-2021 by Ord. No. 1698-2021]
1.
An odor mitigation plan shall be provided to demonstrate how impacts from odors will be minimized.
2.
All outdoor areas for animals shall be enclosed with a fence.
3.
Any pets being boarded overnight shall be confined within an indoor area between the hours of 10:00 p.m. and 7:00 a.m.
4.
A facility sharing a common building wall, ceiling, or floor plate with another use or structure must provide engineering detail demonstrating sound attenuation to STC rating of 55 or higher for such common walls and ceilings. Noise testing by a qualified noise professional may be required as a condition of approval prior to issuance of a building certificate of occupancy.
5.
All outdoor designated areas shall be located a minimum of 50 feet from a residence.
6.
An indoor facility shall be located a minimum of 50 feet from a residence.
C.
Automobile fueling and service station.
1.
All gas pumps and tanks shall be a minimum of 30 feet from any side or rear lot line and 20 feet from any existing or proposed street line.
D.
Brewpub.
1.
Compliance with all applicable provisions of state and local law and obtain all required licenses.
2.
Owner/operator shall install all standard or necessary equipment to ensure that detectable odors coming from brewing/distilling operation are eliminated to prevent odors from presenting a public nuisance.
3.
No exterior storage allowed, including but not limited to: brewing/distilling equipment, product, raw materials or waste materials.
4.
A loading and unloading area for all trucks greater than 22 feet in length must be provided off-street.
5.
No more than 50% of the total gross floor area of the establishment shall be used for the brewery function, including but not limited to the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.
6.
Revenue from food sales must constitute at least 50% of total business revenue.
E.
Payday, pawn, auto/title loan, currency exchange and similar uses.
1.
Intent. The City of Onalaska has experienced an increase in the number and location of payday loan establishments, payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments, and similar uses. Furthermore, the clustering of these businesses may create an undesirable image of the vitality of the commercial districts and the community as a whole. Consequently, it is the intent of this section to regulate the distance between these uses and prevent clustering of these uses for the benefit of the health, safety and welfare of the public.
2.
Time. No such business shall be open between the hours of 8:00 p.m. and 8:00 a.m.
3.
Distance. Payday loan establishments, title loan agencies, pawn shops, rent-to-own establishments, and similar uses shall not be within 5,000 feet of another business of such nature and the business entrance shall not be within 150 feet of any residential district.
F.
Storage facility, personal.
1.
Facility shall consist of a permanent structure(s) only; temporary/mobile storage units, such as storage pods and shipping containers, are prohibited.
2.
Individual storage units shall be used for dead storage only. Storage units shall not be used for retail, commercial, human habitation, office, workshop, studio, hobby or rehearsal area, manufacturing or processing of goods, or repair/service of autos or equipment. Auctions, garage or estate sales are prohibited.
3.
Storage of flammable, hazardous or perishable materials and keeping of animals is prohibited.
4.
Outdoor storage is prohibited, including vehicles and boats.
5.
All doors to the storage units in new facilities shall be internally accessed; doors shall be internally facing and shall not face any street or property line.
6.
The entire facility shall be secured by either the walls of the structure(s) and/or fencing, subject to the screening standards in Chapter 03, Division 5.
7.
All areas intended for driving, parking and loading shall be paved with asphalt or concrete.
8.
Mini-storage facilities adjacent to residential properties shall not operate or allow tenant access between the hours of 10:00 p.m. and 7:00 a.m.
9.
The overall height of light fixtures installed to illuminate parking lots and exterior grounds shall not exceed the height of any principal structure.
G.
Smoke shop.
[Added 4-9-2024 by Ord. No. 1780-2024]
1.
No smoke shop may be established, or relocated from another location to, within:
a.
Five hundred feet of a school, public or private.
b.
Five hundred feet of a day-care center.
c.
Five hundred feet of a public park.
d.
Five hundred feet of a religious institution or place of worship.
e.
Five hundred feet of another smoke shop.
2.
A smoke shop may not be operated in the same building or structure, or portion thereof, containing another smoke shop.
3.
The number of persons or places that may be established as smoke shops is limited to one (1) location per five thousand (5,000) population, or fraction thereof, as annually estimated by the Wisconsin Department of Administration.
13.02.64 Specific industrial uses.
A.
Brewery, winery or distillery.
1.
Compliance with all applicable provisions of state and local law and obtain all required licenses.
2.
Owner/operator shall install all standard or necessary equipment to ensure that detectable odors coming from brewing/distilling operation are eliminated to prevent odors from presenting a public nuisance.
3.
No exterior storage allowed, including but not limited to: brewing/distilling equipment, product, raw materials or waste materials.
4.
A loading and unloading area for all trucks greater than 22 feet in length must be provided off-street.
B.
Outside storage and manufacturing area.
1.
Use shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from Residential, Public and Semi-Public, and Park and Open Space Districts.
C.
Scrap or salvage storage yard.
1.
Compliance with all necessary state and local licensing as well as all state and federal environmental regulations.
2.
Travelways through the storage yard shall be maintained to allow for fire and emergency access.
3.
A landscape buffer area of at least 15 feet shall be provided along the frontage of the property with a minimum of 150 plant units per every 100 linear feet.
4.
All buildings shall include an automatic fire sprinkler system.
5.
All vehicle fluid draining shall be conducted within a building.
6.
Vertical stacking of vehicles shall not be permitted on the property where they are visible from public right-of-way or adjacent properties.
7.
Hours of operation, including deliveries and hauling to and from the property, shall be between 7:00 a.m. and 7:00 p.m.
8.
All petroleum products, antifreeze and hazardous materials shall be disposed of in accordance with local and state regulations.
9.
Any buildings, salvage yard, salvage parking areas, vehicle crusher, loading areas and dumpsters as well as any outdoor storage areas or equipment shall be enclosed within a solid perimeter fence eight feet in height. The fence shall be faced with aluminum or galvanized steel panels and coated with a nonreflective neutral earth-tone color.
10.
Storage kept outside of a building shall not be located in the front yard.
D.
Storage and sale of machinery and equipment.
1.
Travelways through the storage yard shall be maintained to allow for fire and emergency access.
2.
Any buildings shall include an automatic fire sprinkler system.
3.
Storage kept outside of a building shall not be located in the front yard.
4.
Hours of operation, including deliveries and hauling to and from the property, shall be between 7:00 a.m. and 7:00 p.m.
5.
Any buildings, storage yard, storage yard parking areas, loading areas and dumpsters as well as any outdoor storage areas or equipment shall be enclosed within a solid perimeter fence eight feet in height. The fence shall be faced with aluminum or galvanized steel panels and coated with a nonreflective neutral earth-tone color.
13.02.65 Specific arts, entertainment or recreation uses.
A.
Adult-oriented entertainment business. The Common Council finds that adult-oriented uses may have a direct and detrimental effect on the character of the City's residential neighborhoods and commercial areas. The following standards are designed to protect the character and stability of Residential, Commercial, and Industrial Districts within the City, to prevent crime, to stabilize and protect existing and potential property values and to prohibit uses that adversely affect the character and stability of desirable development in each district. It shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment.
1.
Such use shall not be located within 1,000 feet of any residential district.
2.
Such use shall not be located within 1,000 feet of any school, including private schools and preschools, public library, day-care facility, recreational facility, place of worship, church or senior/elderly housing facility.
3.
Such use shall not be located within 2,500 feet of another adult-oriented use as measured by the radius from each business.
4.
Such use shall not be located within 1,000 feet of an establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.
5.
Such use shall not be operated between the hours of 2:00 a.m. and 8:00 a.m., Monday through Saturday, or between the hours of 2:00 a.m. and 12:00 noon, Sundays.
6.
Such use shall not permit any public view of its stock-in-trade or adult entertainment from the exterior of the establishment.
7.
Such use shall not permit entry to any person under the age of 18 years.
8.
No employees shall solicit business outside the building in which the adult-oriented entertainment business is located.
9.
No male or female person, while on the premises, shall impose to public view his or her genitals, pubic area, anus or anal cleft. Full nudity is prohibited.
10.
No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals.
11.
Nudity is prohibited for any employee of an adult-oriented business where such person is in direct, personal contact with another person.
12.
The building's exterior shall meet the following requirements:
a.
Colors shall be earth or neutral tones with primary accents to be in the same color family; and
b.
The exterior shall be adequately maintained in good condition.
B.
Outdoor recreational facility, commercial.
1.
All structures shall be a minimum of 50 feet from any district boundary.
C.
Outdoor recreational facility, public.
1.
All structures shall be a minimum of 50 feet from any district boundary.
13.02.66 Specific natural resource and agricultural uses.
A.
Agriculture: raising of crops.
1.
The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.
13.02.67 Specific utility and transportation uses.
A.
Airport.
1.
The lot area shall be a minimum of 20 acres.
B.
Parking, multilevel structure.
1.
Vehicle entrances onto City roadways shall be located in a manner that aligns with the roadway's access design standards.
2.
Vehicle entrances shall be located and designed to minimize conflict with public pedestrian facilities.
3.
Vehicle entrances shall be minimized so that they do not dominate the structure's street frontage. Potential techniques include recessing the entrance, extending portions of the structure over the entrance, using screening and landscaping, and using the smallest curb cut width that is necessary.
4.
The impacts of vehicle headlights on surrounding residential properties shall be minimized through the design of the parking structure.
5.
View of parked cars shall be screened on each level through the use of decorative screening, such as decorative metal grilles, railings, architectural panels, and trellis wall plantings.
6.
A multilevel parking structure shall be complementary in massing and architecture with surrounding buildings. Potential techniques include the use of building facade articulation, upper level stepbacks, complementary exterior materials, and similar design techniques.
7.
A multilevel parking structure shall include habitable space along street level frontages for commercial uses, where feasible.
8.
A multilevel parking structure shall be designed to enable potential future conversion of the structure to non-parking uses. Ramped floors are prohibited and floor heights need to be a minimum of 12 feet (nine feet clear from floor to ceiling) for upper floors and 15 feet (12 feet clear from floor to ceiling) for a ground floor to accommodate future non-parking uses.
9.
A multilevel parking structure shall be illuminated to a level to allow safe, secure access to the parking structure and within it. Light fixtures on the top level of parking structures shall be set back from the edge so that they are not visible from the adjoining street.
10.
All exterior lighting shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences in such a way as not to exceed 1/2 footcandle measured at any residential property boundary, and one footcandle measured at any nonresidential property boundary. A lighting plan shall be provided that demonstrates compliance with this requirement.
C.
Public passenger transportation terminal (air, bus or rail).
1.
All principal structures and uses shall be a minimum of 100 feet from any residential district boundary.
13.02.68 Specific accessory uses.
[Amended 1-11-2022 by Ord. No. 1720-2022; 3-8-2022 by Ord. No. 1724-2022; 6-14-2022 by Ord. No. 1734-2022; 4-9-2024 by Ord. No. 1782-2024; 6-10-2025 by Ord. No. 1823-2025; 3-10-2026 by Ord. No. 1845-2026; 3-10-2026 by Ord. No. 1846-2026; 3-10-2026 by Ord. No. 1847-2026; 3-10-2026 by Ord. No. 1848-2026]
A.
Accessory dwelling units.
1.
Accessory dwelling units shall only be allowed as a new, freestanding structure; as a conversion of an existing, detached garage; or as an addition to an existing detached garage. Temporary storage units (i.e., shipping/cargo container, freight/interrnodal container, POD or similar) shall not be utilized as or in the construction of accessory dwelling units.
2.
Only one accessory dwelling unit is allowed in R-1, R-2 and MU-N Districts.
3.
The accessory structure containing the accessory dwelling unit shall have a six-foot side yard setback and meet all other required setbacks for an accessory structure. An existing accessory structure may not be converted into an accessory dwelling unit if required setbacks are not met.
4.
The accessory dwelling unit must be at least 300 square feet in size and no more than 800 square feet in size.
5.
Off-street parking spaces must be available for use by the owner-occupant(s) and tenant(s) with at least two spaces available for the principal residence and one space available for the accessory dwelling unit.
6.
Any outside entrance serving the accessory dwelling unit shall be located on the side or rear of the accessory structure, if new.
7.
Water and sewer for the accessory dwelling unit shall be connected to the principal residence.
8.
An owner of the property must occupy either the principal dwelling unit or the accessory dwelling unit unless there is a bona fide temporary absence approved by the Planning Department.
9.
Prior to the issuance of a permit for the construction of the accessory dwelling unit, the owner(s) shall file a deed restriction with the Office of the La Crosse County Register of Deeds stating that the independent sale of the accessory dwelling unit is not allowed.
B.
Accessory structures.
1.
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 on the same parcel. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
2.
Accessory structures greater than 25 square feet and privacy screens require a building permit. Temporary storage units (i.e., shipping/cargo container, freight/intermodal container, POD or similar) shall not be utilized as or in the construction of accessory structures in any zoning district.
3.
Retaining walls are allowed as follows:
a.
No individual retaining wall shall exceed six feet in height and is required to provide a terrace of at least three feet in width between any series of such walls.
b.
Retaining walls are allowed to be installed on side and rear property lines that are not adjacent to rights-of-way.
c.
Retaining walls must be set back a minimum of three feet from street rights-of-way.
4.
Privacy screens are allowed as follows:
a.
Privacy screens are allowed up to eight feet in height.
b.
Privacy screens are allowed up to 20 feet in overall length.
c.
Privacy screens shall adhere to setback locations for accessory structures in residential districts as set forth in Subsection B.6 below.
d.
Privacy screen building materials and design shall be approved by the Zoning Administrator prior to construction. Acceptable building materials include, but are not limited to, lattice, masonry, treated wood, plastics, ironwork or equivalent material.
5.
Lawn accessories such as walks, drives, paved terraces and purely decorative garden accessories, including ponds, fountains, statuary, sundials, and flagpoles, shall be permitted in all setback areas, but not closer than three feet to an abutting property line.
6.
Residential districts.
a.
Accessory structures shall not involve the conduct of any business, trade or industry except for allowed home occupations as defined herein. Accessory structures shall not be used for residential purposes.
b.
Decks constructed in a manner where the principal structure provides structural support (is load bearing) are considered "attached" and part of the principal structure. In these instances, setbacks for the principal structure apply to attached decks. Decks constructed in a manner where they support themselves but abut a principal structure are considered detached accessory structures.
c.
Accessory structures shall be set back a minimum of 10 feet from a principal structure unless one of the following applies:
i.
The applicable building code regulations in regard to fire-resistive construction are complied with allowing a minimum four-foot setback.
ii.
The accessory structure is located in a mobile home park. The minimum separation required for mobile home parks is four feet between any principal structure, accessory structure, and deck on the same lot.
d.
Accessory structures shall not occupy any portion of the street yard and/or required side yard setback.
e.
In no event can the accessory structure be forward of the front line of the principal structure.
f.
Accessory structures shall not exceed 20 feet in height.
g.
Accessory structures shall not occupy more than 25% of the rear yard.
h.
Accessory structures shall not be located within three feet of any other accessory structure or parcel line, or within five feet of an alley right-of-way line.
i.
When an accessory structure is located on the rear of a reversed corner parcel, it shall not be located beyond the minimum front yard setback required on the adjacent interior parcel, or closer than three feet to the side parcel line of the adjacent structure.
7.
Nonresidential districts.
a.
Accessory structures in a nonresidential district may be established in the rear yard or side yard setback area.
b.
Accessory structures shall be set back from a principal structure as based on the construction type and classification as required in the International Building Code (Table 602).
c.
Accessory structures shall be set back a minimum of 10 feet from all parcel lines.
d.
Accessory structures shall not exceed 30 feet in height.
e.
When an accessory structure is located on the rear of a reversed corner parcel, it shall not be located beyond the minimum front yard setback required on the adjacent interior parcel, or closer than three feet to the side parcel line of the adjacent structure.
f.
In no event can an accessory structure be forward of the front line of a principal structure.
C.
Agriculture: keeping of bees.
1.
All properties which include agriculture—keeping of bees as an accessory use shall comply with Section 7.04.12.
D.
Agriculture: keeping of chickens.
1.
All properties which include agriculture—keeping of chickens as an accessory use shall comply with Section 7.04.13.
E.
Billboard or outdoor advertising.
1.
All properties which include billboards or outdoor advertising must comply with the regulations of Title 14, Sign Code.
F.
Central utility plant or electrical generator.
1.
The central utility plant or electrical generator must be screened in accordance with Chapter 03, Division 5.
2.
Noise from the central utility plant or electrical generator must meet standards in Section 13.03.12.A and state requirements.
G.
Child-care center, licensed family.
1.
Must comply with all state and local standards.
2.
No person, other than members of the family residing on the premises, shall be engaged or employed. This shall not apply to a substitute nonresident person providing care on the premises while the owner/operator is sick or otherwise unable to provide care on a short-term basis.
3.
The use of any accessory building or accessory structure for a day care is not allowed.
4.
Play equipment, swings, sand boxes, or structures shall not be located in front yards or required side yards adjacent to streets.
5.
If required to have an outdoor play area, such play area shall be fully enclosed by a fence, wall, or hedge of at least four feet in height.
H.
Drive-through facilities.
1.
Drive-through facilities may be allowed as an accessory use to a specialty food or coffee shop, restaurant, financial institutions, and commercial establishments, and other similar type uses as approved by the Planning Department.
2.
Drive-through facilities are limited to one drive-through lane in the B-1 and MU-N Districts.
3.
Drive-throughs must not be operated between the hours of 10:00 p.m. and 6:00 a.m. if within 300 feet of properties used for residential purposes.
4.
A drive-through canopy must meet principal structure setbacks.
5.
All elements of the drive-through service area, including but not limited to menu boards, order stations, teller windows, and vehicle lights from stacking lanes, must be screened from view of residences through one of the following:
a.
Opaque fence at least six feet high;
b.
Landscaped berm at least six feet high; or
c.
Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet.
6.
In addition to meeting the noise regulations included in Title 11, if within 300 feet of residential properties, speakers must not produce noise that exceeds 75 dBa as measured five feet from the speaker.
7.
Vehicle stacking spaces for drive-through facilities shall be provided according to the following provisions:
a.
Stacking spaces shall be a minimum of 10 feet by 20 feet in size. Required width for vehicle drive aisles may not be allocated toward stacking spaces or stacking lanes.
b.
Measurement of stacking spaces shall begin behind the first point at which the vehicle must stop (which may be the order board, a pre-order board or payment/pickup window).
c.
Stacking spaces shall be separated from other internal driveways by surface markings. Raised medians may be required where deemed necessary by staff for the purpose of traffic movement and safety.
d.
Stacking spaces may not impede pedestrian movements, on- or off-site traffic movements, or movements in or out of off-street parking spaces.
e.
A minimum stacking lane of six spaces or 120 feet must be provided.
I.
Farmstead dwelling.
1.
Farmstead dwellings for those resident owners and laborers actually engaged in the permitted uses are accessory uses and shall comply with all of the site dimensional standards of the R-2 Low-Medium Residential District.
J.
Helipad or helistop.
1.
Helipads or helistops are only allowed in conjunction with medical facilities.
2.
There shall be a minimum distance from a heliport or helistop to any residential use of at least 500 feet, or the minimum required by federal or state agencies, whichever is greater.
3.
The location and lighting of helipads or helistops in the vicinity of public roadways shall be shielded or screened so as to minimize distractions to motorists.
4.
The landing pad shall be clearly designated as emergency only.
5.
The direction of routes for takeoffs and landings shall minimize flight over adjacent residential areas.
K.
Home occupation. A business, business activity, profession, occupation, or trade activity that is conducted by one (1) or more occupants of a dwelling, as an accessory use to the residential use of the dwelling, for economic gain. Permitted principal uses according to Table 13.02.22-1 in the Mixed-Use Neighborhood (MU-N) District in the Retail Sales or Services category are allowed as home occupations unless prohibited below.
1.
The following activities shall be prohibited from being a home occupation:
a.
Contractor shop;
b.
Medical/dental office/clinics or similar;
c.
On-site sale, resale, repair of automobiles, trucks, boats, trailers, or other motorized vehicles, repair or paint shops for motor vehicles, including motorcycles, all-terrain vehicles, recreational vehicles, farm or lawn implements or other small motors;
d.
Animal kennels/boarding/day-cares in excess of what is allowed per Sec. 7.04.11.D.;
e.
Dog breeding as defined by ATCP 16, Wis. Adm. Code;
f.
Funeral, chapel or interment services;
g.
Dispatch where persons come to a site and are dispatched to other locations;
h.
Welding or machine shop;
i.
Firearm-related training, instruction or similar establishment;
j.
Anyone meeting the definition of firearms dealer under § 175.35 Subsection 1(ar), Wis. Stats., or an occupation involving the repetitive purchase and resale, exchange, production, refinement, packaging or handling of a dangerous weapon as defined under Section 11.02.13 or hazardous materials as defined under Section 5.03.13.B by any person. This prohibition shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of a personal collection;
k.
Business that rents vehicles or equipment, such as trailers;
l.
Tow truck;
m.
Manufacture, storage, sale of alcohol, controlled substances, nicotine or tobacco products and drug paraphernalia;
n.
Excavating;
o.
Large volume sales, wholesaling, manufacturing, storage and warehousing; and
p.
Any occupation which creates loud or obnoxious noise or odors or unreasonable glare of illumination.
2.
Minor Home Occupation. A home occupation that includes, but is not limited to, all activities commonly described as "knowledge work" as well as all other paid endeavors that leverage consumer-grade information and communication technology to sell products or deliver services. Such home occupation is permitted as long as the following standards are met:
a.
The home occupation is conducted entirely within the enclosed portion of the residence and does not exceed twenty-five percent (25%) of the area of any one (1) floor or a detached accessory structure. The home occupation may occupy as much of a detached accessory structure as is not needed to meet off-street parking requirements.
b.
The entrance to the space devoted to the home occupation is within the residence. There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usually, customary, and incidental to the residence for domestic or hobby purposes.
c.
The home occupation shall not have on-site outside employees. The home occupation shall not have more than one (1) customer at a time and no customers shall be allowed between the hours of 8:00 p.m. and 8:00 a.m.
d.
No mechanical equipment/machinery shall be used other than is usual, customary, and incidental to the residence for domestic purposes. There shall be no activity or equipment used to create vibrations, glares, fumes, odors, electric or television interferences or noise in violation of the City's noise ordinances which is measureable at the property line.
e.
There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation.
f.
Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises.
g.
Garage, basement, yard or other similar sales related to the home occupation are not allowed.
h.
Signage shall be in compliance with regulations found in Title 14, Sign Code.
i.
The property containing the home occupation shall maintain the required number of legal off-street parking spaces required for the residential use(s) and the home occupation use(s).
j.
There shall be no commodities sold or services rendered that require receipt or delivery by means other than a delivery service customary to residential uses.
3.
Major Home Occupation. A home occupation that includes, but is not limited to, one-on-one in-person professional and personal services and craft production or low-volume sales of small goods, such as artwork, clothing, personal accessories, decor, or baked goods. Such major home occupation is permitted as long as a home occupation license is obtained and the following standards are met:
a.
The home occupation is conducted entirely within the enclosed portion of the residence or a detached accessory structure. The home occupation does not exceed twenty-five percent (25%) of the area of any floor within the principal structure. The home occupation may occupy as much of a detached accessory structure as is not needed to meet off-street parking requirements.
b.
There shall be no exterior evidence of the home occupation and no alterations, whether interior or exterior, shall change the character of the structure as a dwelling unit. This includes that no mechanical equipment or machinery shall be used for the home occupation other than is usually, customary, and incidental to the residence for domestic or hobby purposes.
c.
The home occupation may have one (1) on-site employee or contractor that is not an inhabitant of the dwelling. The home occupation shall not have more than two (2) customers at a time by appointment and no customers shall be allowed between the hours of 8:00 p.m. and 8:00 a.m.
d.
No mechanical equipment/machinery shall be used other than is usual, customary, and incidental to the residence for domestic purposes. There shall be no activity or equipment used to create vibrations, glares, fumes, odors, electric or television interferences or noise in violation of the City's noise ordinances which is measureable at the property line.
e.
There shall be no outside display or storage of goods, equipment or materials used in connection with the home occupation.
f.
Except for articles produced on the premises, no stock in trade shall be stored or displayed on the premises.
g.
Hobby, craft or art sales are permitted three (3) times per year for not more than three (3) calendar days per calendar year.
h.
Signage shall be in compliance with regulations found in Title 14, Sign Code.
i.
In addition to the minimum off-street parking required for the dwelling, two (2) off-street parking spaces must be provided for customers and one (1) off-street parking space must be provided for each on-site employee or contractor that is not an inhabitant of the dwelling.
j.
There shall be no commodities sold or services rendered that require receipt or delivery by means other than a delivery service customary to residential uses.
L.
Outdoor dining area.
1.
The outdoor dining area shall be contiguous to the food or beverage service principal use to which it is accessory.
2.
The outdoor dining area must not extend beyond the frontage of the principal use, unless a written statement, signed by the owners and tenants of any adjacent business fronting the street, indicates approval of the placement of the outdoor dining area in front of their business.
3.
Outdoor dining may be permitted within any setback area on private property and on public right-of-way with the approval of the Board of Public Works and Common Council.
4.
The outdoor dining area shall be clearly delineated by fences, walls, or plant materials that have a height of less than 42 inches.
5.
None of the minimum number of off-street parking stalls required for the principal use shall be occupied by the outdoor dining area.
6.
When an outdoor dining area is located adjacent to a street, a clear, continuous pedestrian path, parallel to the curb and not less than five feet in width, shall be required for pedestrian circulation outside of the outdoor dining area.
7.
The outdoor dining area shall not include nor be located within five feet of bus stops, fire hydrants, or other facilities deemed necessary for public safety.
8.
Operating hours for the outdoor dining area shall be consistent with the hours of the associated business. Outdoor dining areas within 300 feet of a residential zoning district shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.
9.
All food and drink preparation shall be performed within the principal use. No preparation or storage of food or drink shall be permitted within the outdoor dining area.
10.
All equipment associated with the outdoor dining area that is stored outdoors when not in use shall be neatly stacked in an area approved by the Planning Department on a site plan.
11.
Prerecorded music within the outdoor dining area shall only be permitted during the hours of operation of the outdoor dining area and shall be kept at a volume that does not create a nuisance for adjacent properties. There shall be no televisions within the outdoor dining area. Live music is not allowed unless otherwise approved under a special event permit.
12.
Adequate lighting in and around the outdoor dining area shall be provided at all times. Lighting fixtures shall be limited to fixtures attached to the building facade or upon private property. Battery-operated lamps or candles placed on tables are permitted.
M.
Outdoor sales area or tent.
1.
Prior to installation, the applicant shall obtain a temporary tent permit for outdoor sales and/or events from the Inspection Department if the temporary tent is greater than 120 square feet. The applicant must abide by Wisconsin State Statutes concerning temporary structures as stated in the International Building Code.
2.
Location(s) of outdoor sales areas and tents must be shown on a site plan for the property and are subject to the approval of the City. Outdoor sales areas and temporary tents and are not allowed in City rights-of-way. Outdoor sales areas and temporary tents shall not impede handicap parking stalls and shall be located a minimum of 10 feet from a principal structure.
3.
Outdoor sales areas and tents are limited to 30 days per calendar year unless otherwise approved by the Planning Department. Temporary tent(s) may be installed for a maximum of 180 days annually; however, tent sale events that last longer than 30 days require Planning Department approval. Seasonal garden centers are allowed for a maximum of 120 days annually.
4.
Outdoor sales areas and tents shall be limited to the goods sold at the principal use present on the site, except as regulated below:
a.
Temporary tents for off-premises sales (sales event by an external party). Tent(s) are allowed for up to 30 days. Plan Commission approval is required for tent(s) to be installed up to for a maximum of 90 days annually. The external party is required to have property owner consent to operate, to disclose materials being stored and sold during the event, maintain liability insurance for the duration of the temporary sale in the amount of $1,000,000, and obtain a solicitor's license from the City Clerk prior to the event.
b.
Temporary produce tents/stands. The owner/operator of the temporary produce tent/stands is required to have a La Crosse County Health Department Permit, property owner consent to operate and all equipment shall be removed from the property nightly. Temporary produce tents/stands are limited to fewer than 30 days annually.
5.
Temporary tents for events held on nonresidential parcels.
a.
Private events. Private events are defined as "invitation only" events and not open to the general public. A temporary tent permit for outdoor sales or events is required.
b.
Community events. If a temporary tent for a community event is installed for up to 96 hours, a temporary tent permit for outdoor sales or events is required, but the fee shall be waived. If such tent(s) are up for longer than 96 hours, the fee is required. No tent may be allowed in City rights-of-way unless approved by the City Engineer.
6.
Outdoor sales areas and tents shall not include portable toilets.
N.
Outdoor display areas.
1.
Outdoor display areas may not be located within required setback areas and are limited to the lesser of 150 square feet or a maximum of 25% of the width of a building frontage that contains a customer entrance or exit. There shall be no more than one building frontage with an outdoor display area.
2.
Outdoor display areas are to be located immediately adjacent to and within the dimensions of the building frontage and shall not extend beyond the building edge.
3.
Outdoor display shall not be located so as to block pedestrian walkways, doorways, parking stalls, drive aisles (including access for emergency services). Four feet is the minimum width required to maintain pedestrian access.
4.
Outdoor display areas shall not exceed a height of five feet, except that vending machines or cabinets for items such as beverages, ice, movies, and propane may exceed the height as long as there are no more than three machines per frontage.
5.
Outdoor display areas shall be maintained in an orderly and attractive manner.
6.
Outdoor display areas shall be limited to products sold within the principal structure and shall not serve as a storage area for inventory.
O.
Residential swimming pools.
1.
Permit required. Before work is commenced on the construction or erection of a swimming pool or on any alterations, additions, remodeling or other improvements; an application for a building permit, electrical permit, and/or a gas piping permit to construct, erect, alter, remodel or add must be submitted in writing to the Inspection Department. Plans and specifications and pertinent explanatory data shall be submitted to the Inspection Department at the time of application and no work shall commence until a permit has been issued by the Inspection Department.
2.
Types of pools requiring permits. Permits shall be required for the construction of the following types of swimming pools:
a.
In-ground pools, whether indoor or outdoor.
b.
Aboveground pools, except for storable swimming or wading pools having a diameter of 18 feet or less and a wall height of four feet or less and installed for less than 180 days in a calendar year.
3.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Inspection Department, the Inspection Department shall not issue a permit for construction, unless the following construction requirements are observed:
a.
All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accordance with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.
b.
All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every swimming pool shall be provided with a suitable draining method. No 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 Inspection Department.
c.
All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a swimming pool shall be in conformance with the state laws and City Ordinances regulating electrical installations.
d.
All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all swimming pools, spas, diving towers and water slides shall be maintained in a good state of repair.
e.
Areas surrounding a swimming pool, including decks and fencing, bathhouses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. The walls, floors, equipment of appurtenant facilities at a spa or swimming pool must be maintained in a clean and sanitary condition at all times.
4.
Setbacks. Swimming pools requiring a building permit must meet the following setbacks:
a.
Swimming pools are allowed only in rear yards of parcels with existing principal structures or where a principal structure is under construction with a valid building permit issued by the Inspection Department.
b.
No swimming pool shall be located, constructed or maintained closer than six feet to any side or rear parcel line.
c.
Swimming pools shall not be located within three feet of any other accessory structure.
d.
Detached accessory structures shall be set back a minimum of 10 feet from a principal structure.
e.
Swimming pools are considered a detached accessory structure and alone, or in combination with other detached accessory structures, shall not occupy more than 25% of the rear yard.
5.
Proper enclosure required. Every swimming pool which extends wholly above the ground or partially above the ground shall, at all times, be enclosed so as to prevent people and animals from accidentally falling into such pool.
a.
Pool wall may serve as barrier. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool a minimum of four feet above the level of the ground immediately adjacent to the pool. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
b.
Fence or other wall may serve as barrier. An approved barrier shall consist of a properly erected and maintained wall or fence at least 48 inches in height, which entirely surrounds the pool. Every such fence shall be constructed in accordance with the requirements of Chapter 03, Division 4. Every such wall or fence shall be located not less than six feet from the vertical, water-enclosing wall of the pool. All gates in such walls or fences shall be self-enclosing and self-latching, and shall be at least 48 inches in height with latches placed at least 48 inches above the ground level, or such gate latch shall be made inaccessible to small children in some other manner approved by the Inspection Department.
6.
Compliance. All swimming pools existing at the time of passage of this Code of Ordinances not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the swimming pool.
7.
Filter system required. All swimming pools shall contain some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
8.
Dirt bottoms prohibited. All swimming pools shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
P.
Satellite earth station.
1.
Not more than one satellite earth station may be allowed per individual recorded lot in residential districts. In nonresidential districts, the Zoning Administrator may approve additional stations.
2.
Any satellite dish mounting post shall only be located in the rear yard and at least six feet from any property line. No dish shall be placed in the front yard of any lot.
3.
Satellite earth stations located in residential districts shall be ground-mounted only.
4.
Satellite earth stations may be wall or roof mounted in Agricultural, Business, Public, or Industrial Districts only.
5.
Height.
a.
A ground-mounted satellite dish may not exceed 12 feet in height, as measured from the ground to the highest point of the dish.
b.
A roof-mounted satellite dish may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
6.
All satellite earth stations shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 mph.
7.
Electrical installations in connection with earth satellite receiving stations, 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 satellite earth station to the receivers shall be installed underground unless installation site conditions preclude underground. If a satellite earth station is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All satellite earth stations shall be grounded against direct lightning strikes.
8.
No portable or trailer-mounted satellite earth station shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall give written notice to the Zoning Administrator of the date when such placement shall begin and end.
9.
No form of advertising or identification, sign or mural is allowed on the dish or framework other than the customary manufacturer's identification plates.
10.
Satellite earth stations shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the satellite earth station shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission Regulations.
11.
Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
12.
The color of any satellite dish shall be such that it blends into its surroundings.
Q.
Satellite television dish or radio or television antennas/towers.
1.
For aesthetic and safety purposes, no satellite television dish or radio or television antennas/towers shall be erected or installed within the front yard. The rear setback and the side setback shall be that for the principal structure within the respective zoning district.
2.
For aesthetic and safety purposes, no radio or television tower shall exceed a height of 60 feet above the ground measured at grade level. No tower may exceed height limitations as established by the AOZD height limitations.
3.
For aesthetic and safety purposes, radio or television antenna towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
4.
For aesthetic and safety purposes, the diameter of the satellite television dish shall not exceed 10 feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.
R.
Short-term vacation rental.
1.
The maximum number of overnight guests will be limited to two times the number of bedrooms rented plus one.
2.
Events are not allowed to be hosted by transient guests on the premises. An event means a gathering on the premises of more than three unregistered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable City ordinances and polices, including the prohibition on renting private residential property out for events.
3.
Dwelling requirements.
a.
The dwelling must be connected to City sewer and water.
b.
Rooms used for sleeping shall have egress windows and smoke detectors.
c.
The guest(s) must have access during their entire stay to a full bathroom, including sink, toilet, and tub or shower.
d.
Accommodation of guests is not allowed in recreational vehicles, tents, accessory structures, fish houses, or similar structures.
4.
Parking.
a.
All guest parking must be accommodated on improved surfaces on the premises. No on-street parking is allowed for guests.
b.
At a minimum, parking shall be provided at the following rate:
i.
One space for each one- to two-bedroom rental;
ii.
Two spaces for each three-bedroom rental;
iii.
Spaces equal to the number of bedrooms minus one for each four- and more-than-four-bedroom rental.
c.
In short-term vacation rentals where the property owner resides on the premise, additional off-street parking for personal use must be provided at a rate of one parking space per two bedrooms not dedicated to the guest use.
5.
If not residing on the property, the property owner or a manager/representative must be located within 30 miles of the property. The property owner shall maintain with the City the name, address, phone number, and email for the local contact or managing agent for the property.
6.
A guest record must be maintained, including the name, address, phone number, and vehicle license plate information for all guests. This record must be provided to the City within 48 hours of a request for the guest record.
7.
The property owner must disclose in writing to their transient guests the following rules and regulations. This disclosure shall be conspicuously displayed in the home:
a.
The name, phone number and address of the owner, operating lessee or managing agent/representative.
b.
The maximum number of guests allowed at the property.
c.
The maximum number of vehicles allowed at the property and where they are to be parked.
d.
City nuisance ordinances requirement that noise levels be reduced between 10:00 p.m. and 8:00 a.m. and that this will be enforced by the Onalaska Police Department.
e.
Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities.
8.
All garbage must be kept in rubbish containers that are stored out of view of a public street.
9.
No signage pertaining to the short-term vacation rental is allowed on the property.
S.
Sign.
1.
All signs shall meet the requirements of Title 14, Sign Code.
T.
Telecommunications structures and towers.
1.
Mobile service support structures and facilities.
a.
Purpose. The purpose of this subsection is to regulate (1) the siting and construction of new mobile service support structures and facilities; (2) with regard to Class 1 collocation, the substantial modification of an existing support structure and mobile services facilities; and (3) with regard to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile services facilities; avoid damage to adjacent properties from support structure failure or structure icing; encourage the joint use of support structures; and accommodate the communication needs of the residents and businesses while protecting the public health, safety and general welfare. It is the intent of the City of Onalaska to regulate mobile service support structures and facilities as permitted by § 66.0404, Wis. Stats.
b.
Authority. The City of Onalaska has the specific authority under § 66.0404, Wis. Stats.
c.
Definitions. The definitions contained in § 66.0404(1), Wis. Stats., and as amended, are hereby adopted and incorporated by reference.
SUBSTANTIAL MODIFICATION
The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
i.
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
ii.
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
iii.
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 20 feet or more, unless a larger area is necessary for collocation.
iv.
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
d.
Siting and construction of new mobile services support structures and facilities or the substantial modification of an existing support structure and mobile service facilities (Class 1 collocation).
i.
Conditional use permit required. A conditional use permit or an amended conditional use permit is required for the siting and construction of a new mobile services support structure and facility and/or substantial modification of an existing support structure and mobile service facilities (Class 1 collocation) and is subject to the conditions set forth in this subsection as well as any applicable site plan review and required permitting under the City Building Code, Title 15.
ii.
Application for conditional use permit. A permit application will be provided by the Zoning Administrator upon request to any applicant. Applications shall be completed and filed with the Zoning Administrator and shall include the information required under § 66.0402(2), Wis. Stats.
iii.
If an applicant submits an application for a permit to engage in an activity described in this subsection, which contains all of the required information, the Zoning Administrator shall consider the application complete. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule. If the Zoning Administrator does not believe the application is complete, the applicant shall be notified in writing, within 10 days of receiving the application, that the application is not complete and outlining the required information needed to complete the application. An applicant may resubmit an application as often as necessary until it is complete.
iv.
Referral to Plan Commission. After an application is complete, the matter shall be referred to the Plan Commission for review.
1.
Within 90 days of its receipt of a complete application, the Plan Commission and Zoning Administrator 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 90-day period:
a)
Review the application to determine if it complies with all applicable aspects of the City of Onalaska's Building Code and subject to the limitations in this subsection and the Unified Development Code.
b)
Make a final decision whether to approve or disapprove the application.
c)
Notify the applicant in writing of its final decision.
d)
If the decision is to deny the application, the Zoning Administrator will include with the written notification the substantial evidence which supports the decision.
2.
The Plan Commission may deny an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described above.
3.
An applicant must provide the Plan Commission with proof that the support structure complies with district setbacks or 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, including snow and ice fall areas, then the Unified Development Code does not apply to such a structure unless the Plan Commission or Zoning Administrator provides the applicant with substantial evidence that the engineering certification is flawed.
e.
Class 2 collocation.
i.
Class 2 collocation permit required. A Class 2 collocation permit is required for collocation on an existing support structure and mobile service facilities. A Class 2 collocation is a permitted use and requires the issuance of a Class 2 collocation permit.
ii.
Application for a Class 2 collocation permit. A permit application will be provided by the Zoning Administrator upon request to any applicant. Applications shall be completed and filed with the Zoning Administrator and shall include the following information:
1.
The name and business address of and the contact individual for the applicant, for the property owner, and for the owner of the proposed mobile service facility and for the existing support structure.
2.
A map detailing the location of the proposed or affected support structure.
3.
A map detailing the location of the proposed or affected mobile service facility.
iii.
A Class 2 collocation is subject to the same requirements for the issuance of building and electrical permits to which any other type of commercial development or land use development is subject.
iv.
If an applicant submits to the Zoning Administrator an application for a Class 2 collocation permit to engage in an activity described in this subsection, which contains all of the information required under this subsection, the Zoning Administrator shall consider the application complete. At the time the application is submitted, a fee shall be paid as set forth on the City of Onalaska Fee Schedule. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five 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.
v.
Within 45 days of its receipt of a complete application, the Zoning Administrator shall complete all of the following or the applicant may consider the application complete, except that the applicant and City may agree in writing to an extension of the 45-day period.
1.
Make a final decision whether to approve or disapprove the application.
2.
Notify the applicant, in writing, of its final decision.
3.
If the application is approved, issue the applicant the relevant Class 2 collocation permit.
4.
If the decision is to deny the application, the Zoning Administrator will include with the written notification the substantial evidence which supports the decision.
f.
Setbacks and fall zone requirements. The following setbacks and fall zone requirements shall apply to new construction or the substantial modification of facilities and support structures for which a permit is required:
i.
Mobile service support structures must be set back a distance at least equal to the height of the structure from any off-site residential lot line or any parcel of land zoned Low Density Residential (R-1), Low-Medium Density Residential (R-2) or Medium Density (R-3) Residential Districts.
ii.
Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements for a principal structure.
iii.
Road setbacks: Follow state and federal requirements for setbacks adjacent to state/federal right-of-way.
iv.
Adherence to vision clearance triangles.
g.
Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this subsection shall, upon conviction, pay a forfeiture as set forth in Title 1 of the City Code,[1] plus the applicable surcharges, assessments and costs for each violation and/or revocation of the conditional use permit. Each day a violation exists or continues constitutes a separate offense under this subsection.
[1]
Editor's Note: See Section 1.01.17, General penalty.
2.
Radio broadcast services tower/facility/structures.
a.
Purpose. It is the intent of this subsection to strike a balance between the federal interest in promoting amateur operations and the legitimate interest of the City of Onalaska in regulating local zoning; to permit antennas without creating adverse aesthetic impacts, particularly in residential neighborhoods, by specifying the number, location and size of antennas; to protect the health, safety and general welfare of the community through the issuance of a building permit to assure installation as recommended by the antenna and/or tower manufacturer; to preserve the rights of property owners by confining appurtenant equipment within the boundaries of the property on which the antenna and/or tower is located; to protect the integrity of public utility installations by prohibiting the installation of appurtenant equipment within easements so reserved for the public benefit.
b.
"Radio broadcast services facilities" are defined as facilities for the regular provision of a commercial or noncommercial service involving the transmission, emission or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public, including antennas and antenna support structures.
c.
Application.
i.
Conditional use permit required. A conditional use permit is required for:
1.
The modification of a pre-existing facility or structure; or
2.
The construction of any new radio broadcast service facility or structure or other telecommunication facility or structure.
ii.
Application. The Zoning Administrator will provide a conditional use permit application upon request. An applicant's form will be processed upon completion and submittal of the application and fee as set forth on the City of Onalaska Fee Schedule to the Zoning Administrator.
1.
A radio broadcast services tower/facility/structure is subject to the same requirements for the issuance of building and electrical permits to which any other type of commercial development or land use development is subject. If an applicant submits to the Zoning Administrator an application for a conditional use permit to engage in an activity described in this subsection, which contains all of the information required under this subsection, the Zoning Administrator shall consider the application complete. If any of the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete and outlining the required information needed to complete the application. An applicant may resubmit an application as often as necessary until it is complete.
iii.
Referral to Plan Commission. After an application is complete, the matter shall be referred to the Plan Commission for review. Within 90 days of its receipt of a complete application, the Plan Commission and Zoning Administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and City may agree in writing to an extension of the 90-day period.
1.
Review the application to determine if it complies with all applicable aspects of the City's Building Code and Unified Development Code, subject to the limitations in § 66.0406, Wis. Stats.
2.
Make a final decision whether to approve or disapprove the application.
3.
Notify the applicant, in writing, of its final decision.
4.
If the application is approved, issue the applicant the relevant conditional use permit.
5.
If the decision is to deny the application, the Zoning Administrator will include with the written notification the substantial evidence which supports the decision.
d.
Requirements. The following additional requirements shall be required in the interest of public safety:
i.
Lighting. Towers and antennas shall not be illuminated or display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower or antenna, light figures used to illuminate ball fields, parking lots or similar areas may be allowed with approval from the Plan Commission.
ii.
Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
iii.
Antennas mounted on roofs, walls and existing towers. The placement of telecommunication antennas on roofs, walls and existing towers may be approved by the Plan Commission, provided the antennas meet the requirements of this subsection, after submittal for a conditional use permit and a report prepared by a qualified engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.
iv.
Interference with public safety telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study, which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.
e.
Abandonment and removal. Any antenna, radio broadcast or telecommunication support structure that is not operated for a continuous period of 12 months shall be considered abandoned. Upon application, the Zoning Administrator may extend the time limit to abandon one time for an additional six-month period as requested by the property owner. Such extension shall be based on the finding that the owner or permit holder is actively seeking tenants for the site. After the expiration of the time periods established above, the following shall apply:
i.
The owner of such antenna, radio broadcast or telecommunication facility or radio broadcast or telecommunication support structure shall remove said antenna, facility or service support structure, including all supporting equipment, building(s) and foundations, to the depth as otherwise herein required within 90 days of receipt of notice from the Zoning Administrator notifying the owner of such abandonment. If there are two or more users of a single services support structure, this provision shall not become effective until all operations of the support structure cease. If removal does not occur in the time frame requested by the City, the City may perform the work and assess the owner or permit holder of the mobile services support structure.
ii.
The recipient of a conditional use permit allowing a mobile service support structure and facility under this subsection, or the current owner or operator, shall notify the Zoning Administrator within 45 days of the date when the mobile services facility is no longer in operation.
f.
Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this subsection shall, upon conviction, pay a forfeiture as set forth in Title 1 of the City Code[2] and/or revocation of the conditional use permit, plus the applicable surcharges, assessments and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this subsection.
[2]
Editor's Note: See Section 1.01.17, General penalty.
U.
Temporary storage unit requirements
1.
General requirements. A temporary storage unit is a transportable, independent storage unit (i.e., shipping/cargo container, freight/intermodal container, POD), but does not include roll-off dumpster containers. Such units may only be utilized for temporary storage for the principal structure uses. The applicant is responsible for ensuring that the temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, graffiti, rust, ripping, tearing or other holes or breaks at all times. In no instance may a temporary storage unit be used for human habitation purposes or permanent storage. No temporary storage unit shall be used to store illegal, harmful, flammable, hazardous materials or be used for advertising purposes. Upon reasonable notice to the applicant, the Inspection Department may inspect the contents of any temporary storage unit at any reasonable time to ensure it is not being used to store said materials. Failure to comply with this subsection shall be grounds for the Inspection Department to order the removal of any temporary storage unit.
2.
For parcels zoned Mixed-Use Community District (MU-C) with a commercial use, Regional Business (B-3), Light Industrial (I-1) or Heavy Industrial (I-2) Districts, temporary storage units shall be permitted provided the following standards are met:
a.
A temporary storage unit permit shall be issued by the Planning Department for each unit prior to the placement on a parcel. A temporary storage unit shall be valid for six weeks from the date of permit issuance.
b.
All units shall be removed from the parcel prior to the expiration of the permit. A temporary storage unit may be renewed once for an additional six weeks in a calendar year with a new application and fee submitted prior to expiration of the original permit. A written plan for removal of the temporary storage unit(s) on the subject property must be submitted prior to the renewal of any temporary storage unit permit.
c.
The placement of any temporary storage unit shall meet the following requirements:
i.
Ten-foot setback from any adjacent property line or public road right-of-way.
ii.
Shall not interfere with traffic flow on any public road, private drive, or parking lot.
iii.
Placement within a vision clearance triangle or on top of another unit or structure is prohibited.
iv.
If placed in a manner where parking stalls will be reduced, the Planning Department shall review the placement and parking lot to ensure that the temporary storage unit(s) does not reduce the number of parking stalls below the minimum required in the Unified Development Code.
v.
Temporary storage units may only be installed on an approved hard surface on private property.
3.
For parcels zoned Low-Density Residential (R-1) and Low-Medium Density Residential (R-2) Districts, single- or two-family residences zoned Medium-Density Residential (R-3) and High-Density Residential (R-4) Districts, and single- or two-family residences zoned Mixed-Use Neighborhood (MU-N) and Mixed-Use Community (MU-C) Districts, one temporary storage unit is allowed per parcel for up to 30 days in a calendar year, less than 160 square feet in footprint. Temporary storage units may only be installed on an approved hard surface on private property.
V.
Temporary tent, canopy, carport or similar membrane materials structures.
1.
For parcels zoned Low-Density Residential (R-1) and Low-Medium Density Residential (R-2) Districts, single- or two-family residences zoned Medium-Density Residential (R-3), High-Density Residential (R-4) Districts, Mixed-Use Neighborhood (MU-N) and Mixed-Use Community (MU-C) Districts, Neighborhood Business (B-1) and Community Business (B-2) Districts, and Public and Semi-Public (P-1) and Parks and Open Space (P-2) Districts, such structure(s), including but not limited to tents, canopies, carports or similar membrane structures, that are designed for a manner for temporary use, are allowed to be installed for up to 180 days in a calendar year without a building permit.
2.
All such structures shall conform to the setbacks set forth for accessory structures.
3.
All such structures shall conform to the structure strength (wind load, snow load, etc.) and fire safety standards found in the International Building Code as adopted by Wisconsin State Statutes.