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

(Code 1992, § 13-1-1)

The purpose of this chapter is to promote the comfort, health, safety, prosperity, aesthetics and general welfare of the people of the city.

(Code 1992, § 13-1-3)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Preserve and protect the beauty of the city;

(10)

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

(11)

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

(12)

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

(13)

Further the maintenance of safe and healthful water conditions;

(14)

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

(15)

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

(16)

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

(17)

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

(18)

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

(Code 1992, § 13-1-4)

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

Abutting means having a common property line or district line.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Alley means a public way not more than 21 feet wide which affords only a secondary means of access to abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for yearround living accommodations.

Bed and breakfast establishment building means a building that provides four or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, detached, means a building surrounded by open space on the same lot.

Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal or main, means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this Code.

Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.

Carport means an automobile shelter having one or more sides open.

Cellar means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

Clinic, medical or dental, means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.

Club or lodge means a building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

Community living arrangement means the following facilities licensed or operated or permitted under the authority of state law:

(1)

Child welfare agencies under Wis. Stats. § 48.60;

(2)

Group foster homes for children under Wis. Stats. § 48.02; and

(3)

Community-based residential facilities under Wis. Stats. § 50.01;

but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable state administrative rules and Wis. Stats. §§ 46.03 and 62.23.

Conditional uses means the occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district, which for their respective conduct, exercise or performance in such designated districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, condition modification, or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the city and, therefore, may be permitted in such district only by a conditional use permit.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the technical guide prepared by the USDA Soil Conservation Service for Wood County, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

Controlled-access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Corner lot. On a corner lot, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street, but the side yard setback shall in no case restrict the buildable width to less than 30 feet. Said corner lots shall be consisting of a parcel of property abutting on two or more streets at their intersection providing that the interior angle of such intersection is less than 135 degrees Fahrenheit.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.

District, basic, means a part or parts of the city for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay, also referred to herein as "regulatory area," provides for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the stricter of the conflicting requirements shall apply.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins or manufactured or mobile homes.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, means a detached building designed for or occupied by one family.

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means general farming shall include floriculture, forest and game management, orchards, raising of grain, grass, mint and seedcrops, raising of fruits, nuts and berries, sod farming and vegetable farming. The term "general farming" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area, business and manufacturing building, for the purpose of determining off-street parking and off-street loading requirements, means the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

Foster family home means the primary domicile of a foster parent which is four or fewer foster children and which is licensed under Wis. Stats. § 48.62 and amendments thereto.

Foundation siding means a fire- and weather-resistant, pre-finished material surrounding the entire perimeter of a home and completely enclosing a space between the exterior wall of such home and the ground. Foundation siding shall be properly vented, harmonious, and compatible with the house and installed within 60 days from the date of placement on site.

Frontage means all the property butting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles of the occupant of the premises.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Grade means, when used as a reference point in measuring the height of a building, the average elevation of the finished ground at the exterior walls of the main building.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the applicable limitations of this chapter.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed-patient care.

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged or new scrapped base metal or metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Code as pertaining to the district wherein located.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot, corner, means a lot situated at the intersection of two streets.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90-degree angle from the road right-of-way.

Lot, interior, means a lot with frontage on only one street.

Lot line means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in the length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front line or a rear lot line.

Lot of record means a lot which has been recorded in the office of the register of deeds prior to the effective date of this chapter.

Lot, through, means a lot other than a corner lot with frontage on two streets.

Lot width means the horizontal distance between the side lot lines at the building setback line.

Manufactured home, as provided in Wis. Stats. § 101.91, means a structure that is designed to be used as a dwelling with or without a permanent foundation and this is certified by the federal Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 through 5425 and a mobile home, unless a mobile home is specifically excluded under the applicable statute.

Manufactured or mobile home lot means a parcel of land for the placement of a single manufactured or mobile home and the exclusive use of its occupants.

Manufactured or mobile home park means any lot on which two or more manufactured or mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreations and other community service facilities designed for the exclusive use of park occupants. Manufactured or mobile home communities/parks are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to manufactured or mobile home subdivisions without common open space or continuing management.

Manufactured or mobile home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and city land division regulations as provided in chapter 38, with lots intended for the placement of individual manufactured or mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in manufactured or mobile home parks.

Minor structure means any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Mobile home, as provided in Wis. Stats. § 101.91, means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls or rigid uncollapsible construction, which has an overall length in excess of 45 feet. The term "mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

Modular unit means a prefabricated, detached single- or two-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.

Nonconforming lot means a lot of record existing on the date of passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming uses means any structure, use of land, use of land and structure in combination or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this Code or amendments thereto and which is not in conformance with this Code. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest means and includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Planned unit development means a large lot or tract of land containing two or more principal buildings of uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Primary exposure means open areas adjacent to the front wall (or main entrance) of a dwelling unit.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, tradesmen, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed one-half the area of only one floor of the residence and only one nonresident person is employed. Tradesmen shall be defined as a person or persons who hold themselves out with a particular skill, including, but not limited to, carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.

Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.002, or any airport which serves or offers to serve common carriers engaged in air transport.

Restaurant means a business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

Retail means the sale of goods or merchandise in small quantities to the consumer.

Secondary exposure means open areas adjacent to side and rear walls of a dwelling unit.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Sign means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purposes of this Code.

Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Street yard means a yard extending across the full width of the lot, the depot of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Structural alteration means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Use means the purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Variance means a relaxation of the terms of this chapter by the board of appeals where the literal enforcement of this chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

Vision setback area means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this chapter.

Yard means an open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of the principal building, excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard, rear, means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

Yard, side, means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.

Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.

(Code 1992, § 13-1-200; Ord. No. 94-2, 4-7-1994)

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

(Code 1992, § 13-1-5)

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

(Code 1992, § 13-1-6)

(a)

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

(b)

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

(c)

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

(Code 1992, § 13-1-7)

(a)

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

(b)

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

(c)

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

(d)

Yard reduction or joint use.

(1)

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

(2)

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

(e)

Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

(f)

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

(Code 1992, § 13-1-10)

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

(1)

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

(2)

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

(3)

Conditional uses.

a.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the plan commission in accordance with article IV of this chapter excepting those existent at the time of adoption of the ordinance from which this chapter is derived.

b.

Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional use(s), or establishment of new conditional uses shall require review, public hearing and approval by the plan commission in accordance with article IV of this chapter.

c.

Conditional uses authorized by the plan commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

d.

Conditional uses authorized by the plan commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without plan commission approval and the procedures required in article IV of this chapter.

(4)

Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in section 48-45 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the zoning board of appeals for determination, following a recommendation from the plan commission, in accordance with the following procedure:

a.

Application. Application for determination for classification of an unlisted use shall be made in writing to the zoning administrator and shall include a detailed description of the proposed use and such other information as may be required by the plan commission to facilitate the determination.

b.

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

c.

Determination. The determination of the board of appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in section 48-45.

d.

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

(Code 1992, § 13-1-11)

(a)

Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 75 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.

(b)

Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The plan commission may permit as a conditional use or planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

(c)

Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(d)

Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.

(e)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the common council, upon the recommendation of the plan commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The plan commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the common council.

(f)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 12 horizontal to 1 vertical (8.33%), within a distance of ten feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the common council, upon the recommendation of the plan commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(l)

Exceptions.

(1)

Regardless of any conflicting ordinances to the contrary, construction shall be permitted for residential buildings, commercial buildings or accessory structures on lots that are less than 75 feet in width and length, provided that all lot setbacks are observed and the maximum lot usage is not exceeded under the appropriate zoning ordinances.

(2)

Regardless of any conflicting ordinances to the contrary, conversion of an existing commercial building to residential use shall be allowed, provided that the conversion maintains a minimum of 25 percent of the main floor space along the commercial street side entrance of said building.

(3)

Regardless of any conflicting ordinances to the contrary, construction of residential additions to existing commercial buildings shall be allowed, provided that the final residential occupancy space percentage shall not exceed 75 percent of the entire main floor space and provided that all setback rules and maximum lot utilization regulations are complied with.

(4)

Regardless of any conflicting ordinances to the contrary, conversion of any residential space in a commercially zoned area to exclusive commercial use shall be allowed with no limitations being imposed on the percentage of floor space being converted to commercial use.

(Code 1992, § 13-1-12; Ord. of 1-21-2020(1); Ord. No. 1-2020, 8-25-2020)

(a)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.

(b)

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

(1)

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

(2)

Residential fences are permitted one foot from property lines in residential districts but shall not in any case exceed a height of six feet, shall not exceed a height of four feet in the street yard and shall not be closer than two feet to any public right-of-way.

(3)

Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten feet in height.

(4)

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

(5)

Landscaping and vegetation are exempt from the yard requirements of this chapter.

(Code 1992, § 13-1-13(a), (b))

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

(Code 1992, § 13-1-14)

(a)

Generally. Screening or fencing as required by this chapter shall be subject to the following provisions:

(1)

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

(2)

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

a.

Screening of objectionable views.

b.

Adequate shade.

c.

Enclosure of storage materials.

d.

Public health and safety.

e.

A suitable setting for the particular use and other facilities.

(3)

Method, extent, standards.

a.

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

b.

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

c.

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

d.

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

e.

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

(b)

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

(Code 1992, § 13-1-15)