Pepin City Zoning Code

GENERAL REGULATIONS

§ 151.055 SITE RESTRICTIONS.

(A) No land shall be used or structure erected where the land is held unsuitable for such use or structure by reason of flooding, concentrated run-off, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community.

(B) All lots shall abut upon a public street, and each lot shall have a minimum street frontage as described for each zoning area.

(C) Setback, lot size, and other dimensional requirements applicable to the various zoning districts are indicated on the official zoning district map.

(D) Accessory buildings shall not occupy more than the prescribed required area for the rear yard. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same yard requirements as the principal building.

(E) In each quadrant of every street intersection, there shall be designated a vision clearance triangle bounded where the traveled portion of the street meets and a line connecting them 35 feet from their intersection. Within this triangle, no object shall be allowed above a height of two and one-half feet above the street if it obstructs the view across the triangle. This section shall not apply to tree trunks, posts, or wire fences.

(F) No LUCR shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(1999 Code, § 151.50) (Ord. 123, passed 12-10-1984) Penalty, see § 151.999

§ 151.056 USE RESTRICTIONS.

The following use restrictions and regulations shall apply.

(A) Only those principal uses specifically for an area, their essential services, and the following uses shall be permitted in that area.

(B) Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Village Planning Commission.

(1999 Code, § 151.51) (Ord. 123, passed 12-10-1984) Penalty, see § 151.999

§ 151.057 REDUCTION IN AREA; JOINT USE PROHIBITED.

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

(1999 Code, § 151.52) (Ord. 123, passed 12-10-1984) Penalty, see § 151.999

§ 151.058 UNSAFE BUILDINGS.

(A) The Building Inspector is hereby designated and authorized to act for the Village Board, with directions from the Village Board, under the provisions of Wis. Stat. § 66.0413, relating to the razing of buildings and all acts amendatory thereof and supplementary thereto, except as to the assessment and collection of the special tax therein provided.

(B) Any buildings or building or portion thereof, including existing buildings, buildings in process of erection, or being altered, if found to be dangerous to persons or property, or unsafe for the purposes for which it is to be used, or in danger of fire due to defects in the construction, or dangerous for use because of insufficient means of egress in case of fire or which violates the provision of this chapter due to removal, decay, deterioration, or falling off of anything, appliance or device, or which has become damaged by the elements or fire of more than 50% of its value, may be condemned by the Building Inspector. In any of the aforesaid cases, the Building Inspector may serve notice in writing on the owner, reputed owner, tenant, or person in charge of such building or premises, or post a notice in a conspicuous place on the outside wall of such building, setting forth what must be done to make such building safe. The person receiving such notice shall commence within 48 hours thereafter to make such changes or alterations set forth in such notice and diligently proceed with such work or demolish the building. Where the public safety requires immediate action, the Building Inspector shall enter such premises with such assistance as may be necessary to cause the building or structure to be made safe or to be removed, or in any case, if the orders of the Building Inspector are not complied with after due notice and within a reasonable time, the Board may order the Building Inspector to proceed with the work of making the premises safe by making the necessary repairs or demolish the unsafe building or part thereof, and the expense of such work may be recovered by the village in an action against the owner or tenant. If the owner or tenant of any such building or premises is dissatisfied with the decision of the Building Inspector as to the unsafe character thereof or as to the methods of correction, the question may be referred to the Village Board whose decision shall be final.

(1999 Code, § 151.53) (Ord. 123, passed 12-10-1984) Penalty, see § 151.999

Cross-reference:

Public nuisances enumerated, see § 92.03

§ 151.059 CONDITIONAL USES.

(A) The Village Board may authorize a conditional use permit (c.c. to Zoning Administrator) for conditional uses specified in this chapter after review and a public hearing before the Planning Commission, provided such uses are in accordance with the purpose and intent of this chapter.

(B) Application for conditional use permits shall be submitted to the Village Clerk on forms provided by the Clerk and shall be accompanied by a plan showing the location, size, and shape of the lot(s) involved and of any proposed structures, and the existing and proposed use of each structure and lot. The cost of land use permits shall be established by the Village Board.

(C) The Village Planning Commission may be requested to review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and proposed operation.

(D) The use of permanent construction for which the conditional use permit was within one year (12 months) of the issuance of the permit, unless otherwise stated on the permit, or the permit is rescinded.

(E) Conditions related to landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, increased yards, and parking requirements, may be required by the Village Board upon its finding by the Planning Commission that such conditions are necessary to fulfill the purpose and intent of this chapter.

(F) Conditional uses shall comply with all provisions of this chapter.

(G) The following are conditional uses:

(1) In the Residential Area (R):

(a) Four or more units per building;

(b) Public and institutional buildings;

(d) Mobile home parks; and

(e) Basement dwelling.

(2) In the Commercial Area (C):

(3) In the Industrial Area (LI): all industrial uses.

(4) In the Agricultural Area (A):

(a) Churches, schools, community parks and recreation areas, public and institutional buildings, water pumping and sewage disposal facilities, and power substations (protected by an eight-foot or more protective fence); and

(b) Single-family residences subject to the same lot size requirements and conditions as the R Area.

(1999 Code, § 151.54) (Ord. 123, passed 12-10-1984) Penalty, see § 151.999

§ 151.060 SIGNS.

(A) General regulations.

(1) No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a LUCR except those signs described in this chapter that do not require a LUCR, being in conformity with the provisions of this chapter.

(2) Signs in compliance with the requirements of the size and location requirements as described herein after submission of a LUCR application shall be approved by the Zoning Administrator.

(3) A decision of the Zoning Administrator may be appealed to the Planning Commission. These requirements may be waived by the Planning Commission upon special request and after a hearing before the Planning Commission and upon proof being presented to the Planning Commission that such signage will not be to the detriment of the best interests of the people of the village.

(4) A decision of the Planning Commission may be appealed to the Village Board.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SIGN. Any object, device, display, structure, or part thereof, situated outdoors, fastened to the ground or not, including a banner intended to be hung either with or without a frame, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

SIGN, ABANDONED. Any sign, sign message, or sign frame and its supporting equipment that is in disrepair, no longer in use by the occupying business, nonfunctioning, not in compliance with village or state electrical code, or a threat to the health, safety and welfare of the general public.

SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.

SIGN, BILLBOARD. A sign advertising a business not at that location.

SIGN, CONSTRUCTION. A sign that advertises contractors or others associated with the construction or remodeling of a residential or commercial building.

SIGN, MURAL. Any type of display or artistic endeavor painted on or otherwise affixed directly to any side(s) of a building or structure that includes a text or business logo that is intended for advertising purposes.

SIGN, NONCONFORMING. Any sign that does not comply with the terms of this chapter.

SIGN, OPINION. A sign that expresses non-commercial opinions about issues generally. Political signs left up after the election are not considered opinion signs.

SIGN, POLITICAL. Any sign urging the election or defeat of any candidate seeking any elective office or urging the passage or defeat of any ballot measure, this definition does not include any billboard owned or maintained by a commercial firm or advertising company.

SIGN, PORTABLE. A sign that is to be displayed only during business hours which is not permanently attached to the ground or a building and is of an A-frame, hinged or sandwich type design. For the purposes of this chapter, "permanently attached" includes such means of attachment as bolts, concrete footings or foundations, or similar such devices.

SIGN, REAL ESTATE. An on-premises sign serving to designate the location and/or direction of property for sale, lease, or rent, an open house event for said property, including for a residential or commercial development.

SIGN, REAL ESTATE DIRECTIONAL SIGN. An off-premises sign indicating the presence of a nearby property listed for sale, lease, or rent, an open house event for said property, including for a residential or commercial development.

SIGN, TEMPORARY. A sign that is intended to be displayed only for a short time which is not permanently attached to the ground or a building and which does not fit the definition of a portable sign. For purposes of this chapter, "permanently attached" includes such means of attachment as bolts, concrete footings or foundations or similar such devices. All signs on wheels are temporary signs. Inflatable and banner signs shall be considered temporary signs.

(C) Residential and Agricultural Areas. All signs are prohibited in the residential and agricultural areas except the following which do not require a LUCR:

(1) Signs for home based business establishment, not to exceed 20 square feet;

(2) Real estate signs, not to exceed eight square feet, in area which advertise the sale, rental, or lease of the premises upon which such signs are temporarily located;

(3) Name, occupation, and warning signs, not to exceed two square feet, located on the premises;

(4) Bulletin boards for public, charitable, or religious institutions, not to exceed 24 square feet, in area located on the premises;

(5) Memorial signs, tablets, names of buildings, and date of erection affixed flat against a structure, not to exceed eight square feet;

(6) Official signs, such as traffic-control, parking restrictions, information, and notices; and

(7) Opinion signs, not to exceed 24 square feet.

(D) Commercial, Low Impact Commercial, and Industrial Areas. Business-related signs are permitted in the Commercial, Low Impact Commercial and Industrial Areas subject to a LUCR application and the requirements described below.

(1) Signs that are flat on the building with a maximum of 32 square feet per sign, and a maximum number of signs for each wall space such that the total signage area shall not exceed 25% of the area of the total wall space exclusive of window and door areas;

(2) Signs protruding from the building with a maximum of six square feet in size with a maximum of 3.6 feet of distance from the building;

(3) Freestanding signs are permitted when a building is set back 20 feet from the lot line. They are not to exceed six feet in height or a total of 24 square feet. There shall be a minimum spacing of ten feet between signs;

(4) A commercial sign and its location, once approved by a LUCR, can have periodic changes to shape and/or language without further review if they do not exceed 24 square feet in size or contain lighting. This provision does not apply if the business changes at that location;

(5) Items posted in the windows of commercial establishments are not considered signs for the purposes of this chapter and do not need a LUCR; and

(6) Signs with flashing, strobing, or exterior lighting will need Planning Commission approval.

(E) Temporary signs. Only the temporary signs or banners not to exceed 20 square feet that are listed below are allowed without a LUCR. Other temporary signs conforming to the appropriate size and location requirements are allowed after application through a LUCR, and when authorized by the Zoning Administrator.

(1) Temporary signs: (not to exceed 20 square feet) advertising on-premises sale of agricultural products in the Agricultural Area;

(2) Real estate signs: not to exceed eight square feet in area which advertise the sale, rental, or lease of the premises upon which such signs are temporarily located;

(3) Political signs: during the election cycle, and up to one week after election date;

(4) Directional real estate signs: (not more than two directional signs total per property, advertised) with permission of the property owner where the sign is located;

(5) Directional garage sale signs, not to exceed four square feet with permission of the property owner where the sign is located;

(6) Holiday and celebration signs;

(7) Traffic control and other village regulatory and information signs;

(8) On-premises signs advertising garage sales, not to exceed 20 square feet;

(9) Temporary signs (not to exceed 20 square feet) advertising on-premises sale of homeowner personal property in the residential area;

(10) Construction signs during construction activities and up to 30 days following completion;

(11) Commercial portable signs when displayed during hours of business operation;

(12) Temporary signs and directional signs for nonprofit organization functions, and other community events.

(13) Up to two portable directional off premises business signs not to exceed eight square feet are allowed on private property during business hours for businesses located within two miles of the village limits.

(F) Enforcement and administration. The Zoning Administrator shall have primary responsibility for the enforcement of these regulations and the issuance of LUCR permits as required herein.

(1) It shall be the responsibility of the Zoning Administrator to inspect the erection of signs and ensure that all signs are in compliance with these requirements.

(2) If the Zoning Administrator determines that a sign is not in compliance with this section and the sign owner fails to comply with, or disagrees with, the Zoning Administrator’s analysis, the issue shall be brought to the Planning Commission for review as outlined in division (A) of this section.

(3) In addition to the penalties provided pursuant to § 151.999, unauthorized signs not in compliance with the provisions of this section that are located within the right-of-way may be removed by the village. Any sign not recovered by the sign owner within seven days after removal may be disposed of by the village.

(G) Existing signs. Signs lawfully existing at the time of adoption or amendment of this section may be continued although the use, size, or location does not conform with the provisions of this section. However, it shall be deemed a nonconforming use or structure, and the provisions of § 151.061 of this chapter shall apply.

(1999 Code, § 151.55) (Ord. 123, passed 12-10-1984; Res. 2024-0819, passed 8-20-2024) Penalty, see § 151.999

Cross-reference:

Public nuisances enumerated, see § 92.03

§ 151.061 NONCONFORMING USES.

(A) Present uses of buildings, signs, and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alterations of such buildings and signs; or premises shall not during its life exceed 50% of their equalized value at the time they become nonconforming, unless a building, sign, or premises conforming to this chapter results. A nonconforming use that is abandoned for one year shall be discontinued permanently.

(B) Lot size will be determined by uses and structures existing at the time of the adoption of this chapter. A structure that is destroyed by fire or natural disaster will be permitted to be rebuilt on the existing lot, provided such construction shall be completed within one year (12 months).

(1999 Code, § 151.56) (Ord. 123, passed 12-10-1984)

§ 151.062 CANOPIES AND AWNINGS.

(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

CANOPIES AND AWNINGS. A permanent structure without walls for the purpose of shielding driveways, sidewalks, or service areas from the elements. CANOPIES are composed of solid materials, such as metal and/or wood. AWNINGS may have a metal or wood frame, but typically have surfaces composed of canvas, vinyl, or similar flexible material.

(B) Districts permitted. Canopies and awnings are permitted in all zoning districts.

(1) Planning Commission approval required. All canopies and awnings shall require Planning Commission approval. Properties located, which overlay districts, may require a site review.

(2) Structural requirements.

(a) The structural support of all canopies and awnings shall be approved by the Zoning Administrator and shall meet the State Building Code.

(b) All frames and supports of all canopies and awnings shall be of metal and designed to withstand a wind pressure of not less than 40 pounds per square foot of area and shall be constructed to receive dead loads as required by State Building Code.

(c) Canopies and awnings shall be attached to a building and no ground mounted supports shall be placed within a public right-of-way.

(3) Height. All canopies and awnings shall be constructed and created so that the lowest portion thereof shall not be less than eight feet above nor greater than 20 feet above the level of the sidewalk or public thoroughfare.

(4) Setback. Canopies and awnings shall comply with all setbacks applicable to the principal structure, except, however, in Commercial Zoned Areas, all canopies and awnings may extend to the side property lines and may extend out from the building facade up to one-foot of the back of the curb.

(Ord. passed 9-9-2013) Penalty, see § 151.999

§ 151.063 DUMPSTER PERMITS.

(A) Purpose. A dumpster permit is required for the placement of any dumpster on streets, alleys, or sidewalks. A dumpster may be placed with the approval of the Village Zoning Administrator and the Chief of Police. A dumpster permit application may be obtained from the Village Clerk’s office, the Zoning Administrator, the Chief of Police, or the Street Superintendent.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DUMPSTER. Any portable container with minimum capacity of one cubic yard used or designed for collection of, transportation of, or disposal of solid waste, or the like. DUMPSTERS shall include, but not limited to, roll-off containers, collection bins, or tubs.

REFUSE CONTAINER. A portable container with minimum capacity of one cubic yard designed for collection, transportation, disposal, or storage of solid waste or personal property.

(1) Each dumpster or refuse container shall have posted thereon the name, address, and phone number of the lessor or owner of said dumpster or refuse container.

(2) Each dumpster or refuse container shall be equipped with reflectorized tape or other reflector devices adequate to warn others of its presence during night hours.

(3) No dumpster or refuse container shall be placed in a moving lane of traffic.

(4) Each permittee shall comply with any order of the Chief of Police to remove any dumpster or refuse container should the placement or location of the dumpster or refuse container constitute a safety hazard or nuisance.

(5) No dumpster or refuse container shall be placed so as to interfere with public works construction being performed by the village.

(6) Applicant shall be responsible for the dumpster and any materials placed within the dumpster. Any damage caused by the dumpster or its contents must be cleaned and or restored to pre-event conditions by the permittee upon the close of the event. If the permittee fails to fully clean or restore the area to the satisfaction of the Village Zoning Administrator or Street Superintendent, the Street Superintendent will restore the area and the dumpster permit deposit will be forfeited. The village reserves the right to revoke the dumpster permit without notice.

(Ord. passed 3-10-2014; Ord. passed 1-12-2015) Penalty, see § 151.999

§ 151.064 REGULATIONS GOVERNING EXCAVATIONS AND OPENINGS.

(A) Purpose. At times, it is necessary to excavate streets, street right-of-way, alleys, sidewalks, or public ways in order to repair or replace utilities or for new construction.

(B) Requirements.

(1) No openings in the streets, alleys, sidewalks, or public ways shall be permitted when the ground is frozen, except where it is deemed necessary by the Street Superintendent.

(2) In any opening or excavation, all paving, or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.

(3) Every opening and excavation shall be enclosed with sufficient barriers. Sufficient warning lights shall be lit from sunrise to sunset. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots shall be used. Except by special permission from the Street Superintendent, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet where pipe or conduit has been laid.

(4) In opening any public street, alley, sidewalk, way, easement, or ground, the paving materials, sand, gravel, and earth or other material moved or penetrated, and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Street Superintendent is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed.

(5) The permittee shall notify the Street Superintendent and all public and private individuals, firms, and corporations affected by the work to be done at least 24 hours before such work is to commence. The Street Superintendent shall also be notified at least four hours prior to backfilling or restoring the surface.

(6) Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void and a new permit must be obtained and an additional fee charged. The Street Superintendent may extend the time limitation for good cause.

(7) The permittee shall backfill the opening immediately upon completion of the work and place at least five inches of traffic bind or similar material in the opening, unless otherwise advised by the Street Superintendent. The permittee shall maintain the opening in good condition for a period of six months after the completion of the work or until the surface has been restored. The Street Superintendent shall decide when within the six-month period the opening is ready for paving if a paving surface is required. If the surface is not restored within a period of ten days or such longer period as determined by the Street Superintendent, the village may restore the surface and bill the permittee.

(8) In the event of an emergency, any person owning or controlling any sewer, gas main, water main, conduit, or other utility in or under any public street, alley, easement, way, or ground and his or her agents and employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health, or safety without obtaining an excavation permit, provided that such person shall apply for an excavation permit not later than the next business day.

(9) The application for a permit shall be in writing and signed by the applicant or his or her agent. The applicant shall submit to the Street Superintendent at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Street Superintendent shall determine if sufficient information is submitted.

(10) The provisions of this section shall not apply to excavation work done under the direction of the Superintendent by village employees or contractors performing work under contract with the village, except that the safety precautions under division (B)(3) above shall be complied with.

(11) The charge for the permit shall be $25 payable to the village and issued by the Village Clerk.

(Ord. passed - -2016) Penalty, see § 151.999