Reedsburg City Zoning Code
ARTICLE IX
Miscellaneous Zoning Provisions
§ 690-40 Essential services.
[Amended 2-23-2009]
Essential services, as defined in this chapter, shall be permitted in all districts following site plan review approval from the City Plan Commission. See § 690-9 for definition. Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
§ 690-41 Site restrictions.
A.
No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Plan Commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, lower 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 this 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. All lots shall abut upon a public street, and each fan-shaped lot shall have a minimum street frontage of 40 feet.
B.
No building permits 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.
C.
Private sewer and water in any district where a public water supply or public sewerage service is not available. The lot area shall be determined in accordance with Ch. SPS 383, Wis. Adm. Code.
§ 690-42 Use restrictions.
The following use restrictions and regulations shall apply:
A.
Principal uses as specified for a district, their essential services, and the following uses shall be permitted in that district.
B.
Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.
C.
Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the Plan Commission.
D.
Unclassified or unspecified uses may be permitted by the Plan Commission after it has made a review, provided that such uses are similar in character to the principal uses permitted in the district.
E.
Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Commission.
F.
Performance standards listed in Article XIX shall be complied with by all uses in all districts.
[Amended 2-23-2009]
G.
All principal structures will be placed on permanent foundations.
§ 690-43 Reduction or joint use.
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.
§ 690-44 Limited number of buildings.
There shall be not more than one principal dwelling and two accessory structures, including a private detached garage, in either R1 or R2 Zones.
§ 690-45 Accessory buildings.
§ 690-46 Bulk regulations.
[Amended 2-23-2009]
A.
Continued conformity with bulk regulations. The maintenance of yards, courts, usable open spaces, and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, usable open spaces, other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, usable open space, other open space or minimum lot area requirements for any other building.
B.
Division of improved zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the district in which the property is located.
C.
Location of required open space. All yards, courts, usable open spaces and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D.
Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced, if already less than the minimum required by this chapter for equivalent new construction.
E.
Permitted obstruction in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1)
In all yards:
(a)
Arbors and trellises.
(b)
Awnings.
(c)
Chimneys projecting 24 inches or less into the yard.
(e)
Flagpoles and garden ornaments.
(f)
Overhanging eaves and gutters projecting 24 inches or less into the yard.
(g)
Open porches, steps, and landings that are used for access to a permitted building or for access to a zoning lot from a street or alley.
[Amended 6-28-2010]
(3)
In rear yards:
(a)
Accessory structures for storage.
(b)
Air-conditioning equipment.
(c)
Balconies or decks, open to the sky, projecting six feet or less into the minimum required rear yard.
(d)
Detached private garages, provided that in no case shall they be located closer than five feet to a property line or three feet to a public alley.
(e)
Fire escapes projecting six feet or less into the yard.
(f)
Laundry-drying equipment.
(g)
Bay windows projecting three feet or less into the yard.
(h)
Accessory greenhouses and swimming pools.
(i)
Recreational equipment, provided that all such equipment shall be in condition for safe and effective performance of the function for which it is designed.
(j)
Satellite TV dishes.
(k)
Patios open to the sky.
(4)
Side yards.
(a)
Fire escapes projecting not more than 1/3 of the width of the side yard or not more than three feet in any case.
(b)
Laundry-drying equipment.
(c)
Open off-street vehicle parking spaces.
(d)
Bay windows projecting three feet or less into the yard
(e)
Air-conditioning equipment.
(f)
Detached private garages, provided that in no case shall they be located closer than five feet to a property line or three feet to a public alley.
(g)
Satellite TV dishes.
F.
Free little libraries. "Free little libraries" are defined as small enclosures used solely as a means of the free exchange of literary material and recorded performing arts. They are considered accessory uses and may be established and maintained in the front yard setback zone of all R, B and A Districts, subject to the following requirements:
(1)
The primary structure may be no more than three feet wide by three feet deep by three feet tall. The overall height of the structure shall not exceed six feet, including the post;
(2)
The free little library primary structure and post must be located entirely on property that is outside the right-of-way;
(3)
There shall be no more than one free little library per property;
(4)
Free little libraries shall be installed and maintained in a neat and orderly fashion and so as to maintain their structural integrity and safety of the public;
(5)
Free little libraries shall not constitute a public nuisance;
(6)
Free little libraries shall not obstruct the vision of pedestrians, motorists, or bicyclists in a way that risks public health or safety;
(7)
Free little libraries shall not impede drainage, snow removal or other public works or utility functions, operations, or maintenance; and
(8)
The Zoning Administrator shall have the authority to order the removal of free little libraries that fail to comply with any of the terms of this chapter following a thirty-day notice.
G.
Chickens. Chickens may be raised in the R1, R2 and B3 Zoning Districts as well as public or private school properties, provided the following conditions are met:
[Added 7-23-2018 by Ord. No. 1875-18]
(1)
The chickens are raised by the property owner, or by a tenant with permission from the owner.
(2)
Roosters are prohibited.
(3)
A maximum of four chickens is permitted.
(4)
The chickens shall be provided with a covered coop to include a run, fence enclosure of predator-proof material (no electric or barbed wire) and adequate shade from the sun and warmth from the cold weather. Feed and clean water shall be provided at all times but unavailable to predators or rodents.
(5)
Coops must be clean, dry, and odor-free, and kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor, or other adverse impact.
(6)
Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a lid. All other manure not used for composting or fertilizing shall be removed from the premises. The coop and surrounding area must be kept free of accumulated droppings, and uneaten feed shall be removed as soon as possible.
(7)
The property owner or tenant shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites.
(8)
The coop shall be a minimum two square feet per chicken to a maximum five square feet per chicken.
(9)
Chickens shall be kept inside a fence enclosure or run at all time and inside the coop during nondaylight hours.
(10)
Slaughtering of chickens on a residential-use or school lot is prohibited.
(11)
Coops and runs shall be located in the rear yard and a minimum 10 feet from any lot line.
(12)
The keeping of chickens shall require a permit issued by the Zoning Administrator. A permit shall not be issued until the Police Department has verified no pattern of previous animal-related violations by the applicant. The fee shall be as set from time to time by Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(13)
Reedsburg Police Department personnel are authorized to catch and impound animals at large, with such authorization to include the pursuit of animals upon non-animal-owner private property. It shall be a violation of this chapter to interfere with the animal control officer or the Police Department employee in the performance of his or her duties.
(15)
In the event a permit holder accumulates three violations, the permit may be revoked following a hearing with the Plan Commission. The Plan Commission shall also review all appeals under this subsection.
§ 690-47 Zoning of annexed land.
All property annexed to the City of Reedsburg from the extraterritorial zoning area shall continue to have the same zoning as it had in the extraterritorial zoning area unless recommendation for alternative zoning is made by the Plan Commission and approved by the Council. All property annexed to the City of Reedsburg outside of the extraterritorial area may be temporarily zoned as provided for in Ch. 66, Wis. Stats.