Rice Lake City Zoning Code
ARTICLE I
General Provisions
§ 260-1 Purpose.
This chapter is adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the city.
§ 260-2 Intent.
It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways and to secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and implement the community's general plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.
§ 260-3 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
§ 260-4 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
§ 260-5 Inconsistent ordinances repealed.
All other ordinances or parts of ordinances of the city inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.
§ 260-6 Title.
This chapter shall be known as, referred to or cited as the "Zoning Ordinance" or "Zoning Code," City of Rice Lake, Wisconsin.
§ 260-7 Word usage and definitions.
A.
Words used in the present tense include the future. The singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not optional.
B. ACCESSORY USE OR STRUCTURE ADULT FAMILY HOME ALLEY ANIMAL UNIT APARTMENT HOUSE BOARDINGHOUSE BUILDING BUILDING AREA BUILDING HEIGHT BUSINESS COMMUNITY-BASED RESIDENTIAL FACILITY CONDITIONAL USE CURB LEVEL DAY-CARE CENTER DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY FAMILY FAMILY DAY-CARE CENTER FENCE FOSTER HOME FRONTAGE FRONT YARD FRONT YARD SETBACK GROUP DAY-CARE CENTER HOME DAY CARE HOME OCCUPATION HOTEL JUNKYARD LIVING ROOM LOADING AREA LODGING HOUSE LOT LOT, CORNER LOT, INTERIOR LOT LINES AND AREA LOT, THROUGH LOT WIDTH MINOR STRUCTURE MOTEL NONCONFORMING USE OR STRUCTURE NURSING HOME OFFICE REAR YARD RESIDENTIAL CARE APARTMENT COMPLEX SETBACK SIDE YARD SIGN SIGNIFICANT OR SUBSTANTIAL CHANGE STORY STORY, HALF STRUCTURE VISION TRIANGLE
For the purposes of this chapter, the following definitions shall be used, except where other definitions are provided for in individual articles herein:
A subordinate use or detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel and serving a purpose customarily incidental to the principal use or the principal structure.
A place or residence where up to four unrelated adults receive care, treatment and services above the level of room and board, as defined in § 50.01(1)(a)(b), Wisconsin Statutes.
A special public right-of-way affording only secondary access to abutting properties.
Means of unit of measure used to determine the total number of single animal types or combination of animal types, as specified in Chapter NR 243 of the Wisconsin Administrative Code, which deals with thresholds of animal types allowed in various districts. See Appendix A.[1]
A building or a portion thereof used or intended to be used as a residence by three or more families living in separate apartments.
A building, other than a hotel or restaurant, where meals or lodging is regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
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 separated by division walls from the ground up without opening, each portion of such building shall be deemed a separate building. For the purpose of this chapter, the word "structure" shall mean the same as the word "building."
The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than 30 inches.
The maximum vertical distance from the top of the building roof to the average elevation at the front property line. For buildings set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building, provided that its distance from the street line is not less than the height of such grade above the established curb level.
Any establishment, occupation, employment or enterprise wherein merchandise is manufactured, repaired, exhibited, stored, or sold, or where services are offered for compensation.
A place where five or more adults who are not related receive care above intermediate level nursing care but not to include more than three hours of nursing care per week, as defined by § 50.01(1g), Wisconsin Statutes.
A use of a special nature so as to make impractical its predetermination as a principal use in a district.
The mean level of the established curb in front of the building. Where no such curb has been established, the City Engineer shall establish such curb level for the purpose of these regulations.
Any place which receives, at any one time, for compensation, four or more children under the age of seven years for care and supervision for less than 24 hours a day for more than 10 days a month, without the attendance of a parent, relative or legal guardian (§ 49.136(1)(d), Wisconsin Statutes).
A detached building having accommodations for and occupied by only one family.
A detached or semidetached building having accommodations for and occupied as a dwelling by not more than two families.
One or more persons occupying the premises and living as a single nonprofit housekeeping unit.
A day-care center that provides care and supervision for not less than four nor more than eight children (§ 49.136(1)(j), Wisconsin Statutes).
A barrier or structure made of wood, iron, stone or other material or a hedge.
A facility that provides for the care and maintenance of no more than four or six children as defined in § 48.02(6), Wisconsin Statutes.
The smallest dimension of a lot abutting a public street measured along the street line.
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
The shortest horizontal distance from the front of the building to the front property line, with reference to the main, front street, provided further that the setback requirement shall apply to all sides of a lot abutting a street.
A day-care center that provides care and supervision for nine or more children (§ 49.136(1)(k), Wisconsin Statutes).
Day care in a residence providing care and supervision for three or fewer children.
An occupation or profession conducted entirely within a residence or approved accessory building which is clearly incidental and secondary to the principal residential use, does not change the residential character of structures and does not adversely affect the uses permitted in or character of the residential neighborhood.
A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, where as a rule the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment and in which there are more than 15 sleeping rooms, a public dining room for the accommodation of more than 15 guests and a general kitchen.
An area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
All rooms within a dwelling except closets, foyers, storage areas, utility rooms and bathrooms.
A complete 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.
A building other than a hotel in which lodging for three or more persons is provided for compensation.
A parcel of land having frontage on a public street, 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, yard, parking area and other open space provisions of this chapter.
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side. Through vision for a corner lot shall be 35 feet from point of radius.
A lot other than a corner lot.
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
An interior lot having frontage on two streets.
The width of a parcel of land measured at the rear of the specified street yard.
A detached structure having no more than 192 square feet of floor area. All such structures are subject to the quantity and setback regulations as set forth in this chapter.
A series of attached, semiattached or detached sleeping units for the accommodation of transient guests.
Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
A place where five or more persons receive care and treatment and have access to twenty-four-hour nursing services, as defined in § 50.01(3), Wisconsin Statutes.
A use where businesses are allowed to carry on their paperwork, data processing and interaction with clients rather than manufacturing or sale of inventory to the public on the site. Generally, a place of business where professional or clerical duties are performed.
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 front yard or one of the front yards on a corner lot.
A place where five or more adults reside that consist of independent apartments, each with a lockable entrance and exit and which has available to the residents supportive personal and nursing care in excess of the normal room and board, as defined by § 50.01(1d), Wisconsin Statutes.
The minimum horizontal distance between the building line of the building, including porches, and the street line.
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.
Any 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 are visible from any public street or highway. See Article VIII.
A consequential alteration in the nature or functioning, or an extension or expansion, of the previous characteristics or conditions that has potential negative impacts that are greater than those present or evident with the original situation.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there are no floors above it, the space between such floor and the ceiling next above it.
That portion of a building, in the RS, R and RE Districts, between the eaves and ridge lines of a pitched roof which may or may not be used for tenant purposes.
Anything constructed or erected with a fixed location on the ground above grade but not including poles, lines, cables or other transmission or distribution facilities of public utilities.
The area described by the interior sector of two twenty-five-foot legs along a street right-of-way or two fifteen-foot legs along one right-of-way and a private driveway.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 260-8 Jurisdiction.
The jurisdiction of this chapter shall include all lands and waters which are not otherwise zoned by incorporated areas within the corporate limits of the City of Rice Lake.
§ 260-9 Compliance required; enforcement.
A.
No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without zoning occupancy approval, except minor structures, and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
B.
It shall be the duty of the Inspection Department, with the aid of the Police Department or other appropriate law enforcement bodies, to investigate all complaints, to give notice of violations and to enforce the provisions of this chapter. The Zoning Administrator, Inspection Department and their duly appointed deputies may enter at any reasonable time onto any public or private land or waters to make a zoning inspection.
C.
The Inspection Department shall administer and enforce the regulations prescribed in this chapter. Applications for permits and variances shall be made to the Community Development Department upon a form furnished by the Department. Applications required by this chapter shall be submitted to the Department and shall be promptly considered and granted or denied by it. Applications for action by the Zoning Board of Appeals shall be forthwith transmitted by the Community Development Department.
§ 260-10 Land use permits.
A.
The Inspection Department shall not issue a building or land use permit for a structure or a use that is not allowed by this chapter. No structure shall be built, moved or altered, and no land use shall be substantially altered, until a land use permit has been issued, except that no permit shall be required for farm structures that are not intended to shelter humans.
B.
Permit applications shall be made to the Community Development Department on forms provided by the city. The application shall include the following information:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.
(2)
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3)
A site plan showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side and rear yards. In addition, the site plan shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site. Three copies of the plan shall be submitted to the Community Development Department, and two copies shall be returned to the owner. After a site plan has been approved, all construction and operation shall be in accordance with the provisions of the plan, and no certificate of occupancy shall be issued by the Inspection Department until all requirements have been fulfilled.
(4)
Proposed sewage disposal plan. If city sewerage service is not available, this plan shall be approved by an appropriate professionally licensed authority who shall certify, in writing, that satisfactory, adequate and safe sewage disposal is possible on the site as proposed by the plan in accordance with applicable local, county and state health regulations. In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with Chapter COMM 83 of the Wisconsin Administrative Code.
(5)
Additional information as may be required by the Community Development Department, Common Council, Plan Commission or other appropriate body of the City of Rice Lake.
C.
When a land use permit does not continue in conformity with the conditions of the original approval or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with the surrounding area or for similar cause, based upon consideration for the public welfare, the special grant may be terminated by action of the Plan Commission following a public hearing thereon.
D.
Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Plan Commission, and, if in the opinion of the Plan Commission such change or addition constitutes a substantial alteration, a public hearing before the Plan Commission shall be required and notice thereof shall be given.
§ 260-11 Site restrictions.
A.
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 or 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 Common Council or Plan Commission, in applying the provisions of this subsection, 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 Common Council or Plan Commission may affirm, modify or withdraw its determination of unsuitability.
B.
Street frontage. All lots shall abut upon a public street.
C.
Properly dedicated street. No land use 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.
§ 260-12 Use restrictions.
A.
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.
B.
Principal uses. Only those principal uses specified for a district, their essential services and the following uses shall be permitted in that district.
(1)
Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction.
(2)
Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the Plan Commission.
(3)
Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Common Council after the Plan Commission has made a review and recommendation, provided that such uses are similar in character and function to the principal uses permitted in the district.
(4)
Temporary uses. Temporary uses, such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Administrator.
§ 260-14 Building, site or operational plans.
A.
Where required. In the case of certain uses, the character of which could have substantial adverse impact on surrounding property enjoyment, values or upon public highway and other utility facilities by reason of the arrangement of structures and related uses on the land including the total appearance and function of said arrangement, or by the arrangement of access from public streets to off-street parking and loading facilities, such uses may be required as a qualifying condition to their permissibility to submit for review and approval by the Plan Commission their proposed building, site and operational plans.
B.
Use by right not infringed. Such required approval shall be limited solely to reasonable compliance with design, locational, functional and operational requirements and shall not involve the basic permissibility of the use where such use is permitted as a use by right.
C.
Criteria. In determining with the permit applicant the mutual acceptability of the building, site or operational plans, the Plan Commission shall take into consideration the following factors as well as any others they deem related:
(1)
Buildings: the general design and appearance of any structures in terms of generally accepted standards and particularly in terms of the functional relationship and grades to its own site and the effect upon adjacent and surrounding properties.
(2)
Site: the relationship of structures and uses to each other and to the site, with particular consideration of traffic and pedestrian flow, access, screening of parking and storage areas, site lighting, and general site appearance.
(3)
Operations: the character of the operation in terms of its impact upon traffic facilities, storm drainage, sewage disposal, potable water supply, hours of operations and environmental character with particular consideration of control of any possible noise, dust, odor or other undesirable operating characteristic.
D.
Form of submittal. Before issuing a building or land use permit, the Zoning Administrator shall submit the necessary building, site and operational plans to the Plan Commission for its consideration. Such plans shall be in reasonable detail to enable the Plan Commission to properly evaluate them and shall specifically include the following:
(1)
General building plans including either elevations, or perspective drawings, or photos, showing the planned exterior appearance.
(2)
A site plan of the property accurately dimensioned showing the location of all existing and proposed structures and use areas, including existing and proposed grades as appropriate.
(3)
A statement describing the basic operational characteristics of the proposed use.
E.
Staged approvals. With the concurrence of the permit applicant, the Plan Commission may grant its approval in stages so as to cause the least amount of delay to initial construction, such as by granting approval to the building location and grading plan in one stage and landscaping detail and lighting fixture brightness and glare control in a later stage, but in no case may the Commission and applicant agree to a delay for total approvals beyond the point where an occupancy permit is requested.
F.
Expedited review. The Commission shall approach this duty and power in a manner intended to cause the least delay to the overall process of land use permit issuance and development, while making its best effort to insure the public health, safety and welfare. Accordingly it shall:
(1)
Publish its meeting schedule as necessary, including the latest date it will accept materials for review at each meeting.
(2)
Provide a checklist of the items to be reviewed under each of the major categories of building, site and operations so that applicants may adequately prepare for Plan Commission review.
(3)
Delegate to the Community Development Department the authority to conduct preliminary review of materials submitted to ascertain adequacy of submittal and likely conformance to Plan Commission policies based upon previous actions of the Commission, so that both the applicant and the Plan Commission are made aware of possible discrepancies.
(4)
Delegate to the Community Development Department the power to accept on behalf of the Plan Commission a corrected application that fulfills all conditions and agreements arrived at during the review meeting.