Zoning districts are provided as follows:

ZONING DISTRICTS

(Prior Code, § 17.09; Ord. No. 295, 1-18-2017; Ord. No. 303, § 1, 9-19-2018)

(a)

The revised official zoning map is an integral part of this article. A copy of this map titled "Zoning Map, Shullsburg, Wisconsin" together with a copy of this article, shall be available in the city clerk-treasurer's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map.

(b)

The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(c)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lot lines, and where the designations on the map are approximately bounded by lot lines, the lot line shall be construed to be the boundary of the district.

(d)

In unsubdivided property, the district boundary shown on the map shall be determined by township or range line, quarter sections, and divisions thereof, property lines, by scale, or by dimensions shown on the map.

(Prior Code, § 17.10)

(a)

Present uses. Present uses of buildings 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 or premises shall not exceed 50 percent of their assessed value at the time they become nonconforming unless a building or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently.

(b)

Existing conforming uses. The lawful nonconforming uses of structure, land, or water existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the use does not conform with the provisions of this chapter; however, only the portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(1)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the municipality's current assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(2)

Substitutions of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(c)

Abolishment or replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water, shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy, or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.

(d)

Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, setback, parking and loading, and access provisions of this chapter.

(1)

Additions and enlargements to existing nonconforming structures are permitted and shall conform with the required building setback lines along streets, water and highways and the yard, height, parking, loading, and access provisions of this chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by a public sanitary sewer.

(2)

Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity, may be reconstructed and insofar as is practicable shall conform with the required building setback lines along streets and highways and the yard, height, parking, loading, and access provisions of this chapter. The provisions of this section with respect to reconstruction are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by public sanitary sewer.

(3)

Existing nonconforming structures may be moved and insofar as is practicable shall conform with the required building setback lines along streets or highways and the yard, height, parking, loading, and access provisions of this section with respect to moving are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by public sanitary sewer.

(e)

Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert to a nonconforming use or structure. Once the board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use of the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of appeals.

(Prior Code, § 17.11)

(a)

Authority. Pursuant to the provisions of Wis. Stats. § 62.23, the city council may, after notice and public hearing and receipt of a recommendation from the plan commission, amend the regulations of this chapter or change the district boundaries.

(b)

Initiation of petition. A proposal to amend the text or change the district mapping of this chapter may be initiated by the city council on its own motion or by petition of one or more property owners. The plan commission shall submit a recommendation to the city council within 30 days of receipt of the petition from the clerk.

(c)

Petitions. Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the city clerk-treasurer, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall include the following:

(1)

Plot plan drawn to scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.

(2)

Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.

(3)

Additional information required by the city council.

(d)

Official public hearing. The city shall hold a public hearing on such petition, after giving a Class 2 notice, under Wis. Stats. ch. 985 of the proposed amendment, giving an opportunity to any person interested to be heard.

(e)

Action. As soon as possible after such public hearing the city council shall act to approve, modify and approve, or disapprove the proposed amendment.

(f)

Protest. In case of protest against such change duly signed and acknowledged by the owners of 20 percent or more of either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment, supplement or change shall not become effective except by the favorable vote of three-fourths of the members of the city council.

(Prior Code, § 17.11)

All territory annexed to the city shall become part of the R-1 district unless the petition for annexation requests the property becomes a part of another district.

(Prior Code, § 17.11)

(a)

No lot shall be occupied by more than one permitted principal building, but in the case of public, institutional, industrial, or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the city council such buildings and uses are compatible.

(b)

No building or structure shall be erected, reconstructed, structurally altered, enlarged, or moved, nor shall any building, structure or land be designed or designated for any use other than the uses permitted in the district in which such building, structure or land is located.

(c)

The provisions of this article shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted, on a lot which is smaller than required, provided such lot is separately recorded by deed in the office of the register of deeds prior to June 6, 1998; and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of the ordinance from which this article is derived to conform therewith. All structures erected on such lot must be designed and erected in conformance with the provisions of this article.

(Prior Code, § 17.11)

No lot area shall be so reduced that the dimensions and yard requirements imposed by this article cannot be met. However, where existing lots do not satisfy such requirements, the board of appeals may grant a variance.

(Prior Code, § 17.11)

(a)

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.

(b)

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices, and ornamental features which shall not exceed 12 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard. Fire escapes may project in a yard area not more than five feet.

(c)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smoke stacks, storage tanks, water towers, ornamental towers, masts, or aerials and necessary mechanical appurtenances are exempted from the height regulations of this chapter, but are subject to other regulations or ordinances of the city.

(d)

In each quadrant of every street intersection there shall be designated a vision clearance triangle, bounded by the inner-street lines and a line connecting them 20 feet from their intersection. Within the triangle no objects shall be allowed above a height of 2½ feet above the streets if it obstructs the view across the triangle. This regulation shall not apply to posts or wire fences.

(e)

In required yards or other open areas in all residential districts, the parking or storage of trucks, machinery, unlicensed or junk automobiles, vehicles used for garbage collection or hauling livestock is prohibited. Licensed pick-up trucks or vans of less than 1½-ton capacity are excepted from this provision and may be parked in driveways.

(f)

Any property owner requesting a variance from the provisions of this chapter shall file with such request a written consent to such variance from the affected adjoining property owners, or a statement that such a consent was requested but could not be obtained.

(g)

The construction of an accessory building shall not precede the construction of a principal building in all residential districts.

(Prior Code, § 17.11)

(a)

Defined. A swimming pool, for the purposes of this section, is a container either temporarily or permanently constructed upon or within the ground so designed as to contain water exceeding 12 inches in depth and having an area greater than 150 square feet which is used primarily for swimming.

(b)

Location. Swimming pools constructed in the R-1, R-2, R-3, R-4, and R-5 districts shall be located on the same lot as and in either the rear or the side yard of a principal building; however, they shall not be constructed in the front yard or in a required corner side yard in such districts. Swimming pools either open or enclosed shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard. Swimming pools constructed in the B-1 or B-2 business districts shall not occupy any portion of a required front, side, or rear yard; however, they may be located in yard areas other than such required yards.

(c)

Clearance from property lines and buildings. Swimming pools shall not be located nearer than six feet from any property line or building.

(d)

Protection. So as to prevent unauthorized access, swimming pools shall be protected by means of a fence, wall, or other permanent barrier so designed, constructed, and maintained as to completely surround the swimming pool extending to a height of not less than four feet above actual grade. Such barrier shall prevent the passage of an object with a diameter larger than nine inches. All gates provided in such barrier shall be equipped with hardware designed to automatically close and latch the gate.

(Prior Code, § 17.11)

(a)

A building permit for fences shall be required when any one section exceeds 20 feet in length. Fences may be placed or erected upon a property line in the rear or side yard, and shall not exceed 84 inches in height, except in the Manufacturing District. In the M district, a fence may not exceed 15 feet in height. Fences may be placed or erected in the front yard buildings setback line and shall not exceed four feet in height and shall be 40 percent see-through. A fence may encroach upon a vision triangle provided it does not exceed four feet, is 90 percent see-through, and does not obstruct the vision of either pedestrians or motorists.

(b)

Fences may be constructed of wood, wire, metal, stone or a combination thereof. Wire fences shall be of a mesh or woven design. No single strand wire fences are permitted. No barbed wire shall be used in fence construction, except in the Agricultural District. No fence shall be less than 30 inches in height. All fences shall be kept in good repair and condition.

(Prior Code, § 17.11)

(a)

License required. No person shall use any building or premises for the buying, selling, gathering, delivery, shipping, storing or salvaging of old iron, bottles, paper, rags, farm machinery, vehicles or other materials commonly included in the term "junk" without obtaining a license for the operation of a junk and salvage yard. Storage of one or more unlicensed vehicles on the same premises shall be prima facie evidence of the operation of a junk or salvage yard.

(b)

Application. Application for a license hereunder shall be made in writing to the zoning administrator stating:

(1)

The location and description of the premises to be licensed.

(2)

The nature of the business to be conducted on the premises.

(3)

The type of construction of any building to be used in connection with the business.

(4)

The applicant's name and address, and, if a partnership or corporation, the names and addresses of all officers thereof.

(c)

Fee; term. The fee for a license issued hereunder shall be as provided in the city fee schedule. Licenses shall expire 12 months after issue, but may be renewed by the governing body if it is satisfied that the license and the premises comply with this section.

(d)

Hearing. The zoning administrator shall refer an application for a license hereunder to the city council which shall conduct a hearing of such application within a reasonable time, notice of which shall be given by publication by posting at least once during the ten days preceding the hearing. If the city council is satisfied from the evidence produced at the hearing that the applicant is able to conduct the business and the premises are suitable therefor, the city council shall authorize issuance of the license.

(e)

Location. No junk or salvage yard shall be located within 500 feet of any residence other than the owner of the premises or any residential or business district or 150 feet from a lake, river or stream. No junk or salvage operations shall be carried on within 25 feet of any street right-of-way.

(Prior Code, § 17.11)

Dwellings within the city shall be attached to a permanent foundation meeting the requirements of applicable building code provisions in such manner as to comply with standards for vertical loading, uplift and lateral forces and so designed and constructed that the floor elevation is reasonably compatible with other dwellings in the area. They shall also have:

(1)

A first story minimum area of 800 square feet and be not less than 20 feet in its smallest horizontal dimension exclusive of attached garage, carport or open deck.

(2)

Wheels, axles, hitches, tow bars and other equipment for transporting on streets or highways removed when the structure is placed on the foundation.

(3)

A double pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.

(4)

Roof overhang of one foot minimum measured from the vertical sides of the structure.

(5)

Roofing material of a type customarily found on conventionally constructed dwellings including wood shakes or shingles, asphalt composition shingles, fiberglass composition shingles, colored corrugated metal, but not galvanized corrugated metal or corrugated fiberglass.

(6)

Exterior siding of a type customarily found on conventional constructed dwellings including wood clapboards, simulated clapboards such as vinyl, metal or masonite type siding, wood shakes, wood shingles, brick, stone or other masonry type siding, wood shakes, wood shingles, brick, stone or other masonry type veneer materials, but not smooth, ribbed or corrugated metal or plastic panels except when part of solar collector systems.

(Prior Code, § 17.15)

(a)

Purpose. The R-1 district is intended to provide for single-family residential land uses in newer urban areas served by public sewers. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses, and is for the exclusive location of single-family dwellings.

(b)

Permitted uses. The following uses are permitted within an R-1 district:

(1)

Single-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 20 percent of the required rear yard;

(3)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and

(4)

Home occupation.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-1 district, a lot or structure must:

(1)

Have a minimum lot size of 10,000 square feet per family and a minimum lot width of 80 feet;

(2)

Have a front yard setback of 25 feet, a rear yard setback of 40 feet, and a side yard setback of ten feet;

(3)

Have a minimum living area of 900 square feet in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet; and

(5)

Have an accessory building side yard setback of ten feet, and the maximum accessory building height will be limited to the height of the primary structure or a maximum height, not to exceed 25 feet, when the accessory building exceeds the height of the primary structure.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-1 district:

(1)

Churches, public and parochial schools;

(2)

Public parks and playgrounds; and

(3)

Beauty parlor.

(Prior Code, § 17.20)

(a)

Purpose. The R-M district is intended to provide for single-family residential land uses in newer urban areas served by public sewers and to allow for zero lot line dwellings or twin home units as a conditional use. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses and is for the exclusive location of single-family dwellings.

(b)

Permitted uses. The following uses are permitted within an R-M district:

(1)

Single-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 20 percent of the required rear yard;

(3)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and

(4)

Home occupation.

(c)

Conditional uses. The following uses shall be considered conditional uses within an R-M district:

(1)

Zero lot line dwelling units (twin home). A zero lot line dwelling unit/twin home is a building with two dwelling units where the common wall between the units is approximately perpendicular to the street right-of-way and is centered on a shared lot line. Only one dwelling unit per lot shall be permitted. Ownership of each unit will be on separate deeds. Compliance with the state one- and two-family uniform dwelling code for attached units is required;

(2)

Churches, public and parochial schools;

(3)

Public parks and playgrounds; and

(4)

Beauty parlor.

(d)

Requirements. In order to be considered a conforming lot or structure within an R-M district, a lot or structure must:

(1)

Have a minimum lot size of 10,000 square feet per dwelling unit and a minimum lot width of 80 feet;

(2)

Have a front yard setback of 25 feet, a rear yard setback of 40 feet, and a side yard setback of ten feet, except no side yard setback requirement where the building is connected to the building on the adjoining lot;

(3)

Have a minimum living area of 900 square feet in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet; and

(5)

Have an accessory building side yard setback of ten feet, and the maximum accessory building height will be limited to the height of the primary structure or a maximum height, not to exceed 25 feet, when the accessory building exceeds the height of the primary structure.

(e)

Additional requirements for zero lot line dwellings/twin homes. In addition to the requirements set forth in subsection (d) of this section, zero lot line dwellings/twin homes shall be subject to the following requirements:

(1)

A joint or attached driveway serving zero lot line dwellings/twin home dwellings is permitted provided covenants addressing the maintenance of such driveway are included in the maintenance agreement required in subsection (e)(5) of this section.

(2)

The common wall between the two units of each zero lot line dwelling/twin home shall be constructed as a fire wall to the specifications of the state building code in effect at the time of commencement of construction of the structure.

(3)

The plans, specifications, and construction shall require the installation and construction of separate sewer, water, and other utility services to each zero lot line dwelling/twin home.

(4)

Both lots containing attached zero lot line dwellings/twin homes shall be held under the same ownership until the completion of construction of the zero lot line/twin home dwellings.

(5)

The adjoining property owner or owners shall enter into a written joint maintenance/easement agreement executed by each of the property owners which must require, at a minimum:

a.

Common siding, roof, and driveway materials;

b.

Maintenance obligations related to these shared items (including the allocation of costs and method for determining if repairs or replacement are needed);

c.

A reciprocal eight-foot maintenance easement along the common property line;

d.

A dispute resolution system.

Prior to the issuance of the building permit for the construction of a zero-lot-line dwelling, the property owner or owners shall provide the maintenance/easement agreement to the city zoning administrator for approval and upon receipt of approval as noted in writing on the agreement cause the fully executed maintenance/easement agreement to be recorded in the office of the county register of deeds so that the terms and conditions of the agreement will be a covenant running with each of the lots and binding upon all owners of each of the lots on which the zero lot line dwelling/twin home is located.

(6)

A statement shall be placed on the face of all zero lot line dwellings/twin home plats creating zero lot line/twin home dwelling lots stating, "When two attached, single-family dwelling units are created, matters of mutual concern to the adjacent property owners, due to construction, catastrophe, or maintenance, shall be guarded against by private covenants and deed restrictions and the city shall not be responsible for the same."

(Prior Code, § 17.205; Ord. No. 295, 1-18-2017)

(a)

Purpose. The R-2 district is intended to provide for single-family dwellings within the built-up area of the city. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

(b)

Permitted uses. The following uses are permitted within an R-2 district:

(1)

Single-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 50 percent of the required rear yard;

(3)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and

(4)

Home occupation.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-2 district, a lot or structure must:

(1)

Have a minimum lot size of 4,150 square feet per family and a minimum lot width of 50 feet;

(2)

Have a front yard setback of ten feet, a rear yard setback of 15 feet, and a side yard setback of six feet;

(3)

Have a minimum living area of 900 square feet in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet; and

(5)

Have an accessory building side yard setback of three feet, rear yard setback of three feet, and the maximum accessory building height will be limited to the height of the primary structure or a maximum height, not to exceed 25 feet, when the accessory building exceeds the height of the primary structure.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-2 district:

(1)

Bed and breakfast services;

(2)

Residential storage buildings not involving the conduct of a business;

(3)

Churches, public and parochial schools;

(4)

Public parks and playgrounds;

(5)

Day care centers;

(6)

Funeral homes; and

(7)

Beauty parlor.

(Prior Code, § 17.21)

(a)

Purpose. The R-3 district is intended to provide for single-family and two-family dwellings within the built-up area of the city. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

(b)

Permitted uses. The following uses are permitted within an R-3 district:

(1)

Single-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 50 percent of the required rear yard;

(3)

Uses customarily incidental to any of the above uses when located on the same lot and involving the conduct of a business; and

(4)

Home occupation.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-3 district, a lot or structure must:

(1)

Have a minimum lot size of 5,500 square feet per family and a minimum lot width of 55 feet;

(2)

Have a front yard setback of 15 feet, a rear yard setback of 30 feet, and a side yard setback of six feet;

(3)

Have a minimum living area of 900 square feet in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet; and

(5)

Have an accessory building side yard setback of three feet, rear yard setback of three feet and the maximum accessory building height will be limited to the height of the primary structure or a maximum height, not to exceed 25 feet, when the accessory building exceeds the height of the primary structure.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-3 district:

(1)

Two-family dwellings;

(2)

Bed and breakfast services;

(3)

Residential storage buildings not involving the conduct of a business;

(4)

Churches, public and parochial schools;

(5)

Public parks and playgrounds;

(6)

Day care centers;

(7)

Funeral homes; and

(8)

Beauty parlor.

(Prior Code, § 17.22)

(a)

Purpose. The R-4 district is intended to provide for two-family dwellings served by public sewer. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

(b)

Permitted uses. The following uses are permitted within an R-4 district:

(1)

Two-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 20 percent of the required rear yard;

(3)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business; and

(4)

Home occupation.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-4 district, a lot or structure must:

(1)

Have a minimum lot size of 10,000 square feet per family and a minimum lot width of 100 feet;

(2)

Have a front yard setback of 30 feet, a rear yard setback of 25 feet, and a side yard setback of ten feet;

(3)

Have a minimum living area of 1,800 square feet in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet; and

(5)

Have an accessory building side yard setback of three feet, rear yard setback of three feet, the maximum accessory building height will be limited to the height of the primary structure or a maximum height, not to exceed 25 feet, when the accessory building exceeds the height of the primary structure.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-4 district:

(1)

Bed and breakfast services;

(2)

Residential storage buildings not involving the conduct of a business;

(3)

Churches, public and parochial schools;

(4)

Public parks and playgrounds;

(5)

Day care centers;

(6)

Funeral homes; and

(7)

Beauty parlor.

(Prior Code, § 17.23)

(a)

Purpose. The R-5 district is intended to provide appropriate areas for multifamily land uses only in urban areas served by public sewers. The district is also intended to provide rental housing in an area protected from traffic hazards.

(b)

Permitted uses. The following uses are permitted within an R-5 district:

(1)

Multifamily dwellings;

(2)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business;

(3)

Accessory buildings not exceeding an area of more than 20 percent of the required rear yard;

(4)

Home occupation.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-5 district, a lot or structure must:

(1)

Have a minimum lot size of 3,750 square feet per family up to and including four families, and 2,500 square feet per family thereafter and a minimum lot width of 100 feet;

(2)

Have a front yard setback of 35 feet, a rear yard setback of 50 feet, and a side yard setback of 20 feet;

(3)

Not exceed a maximum principal building height of 45 feet; and

(4)

Have an accessory building side yard setback of three feet, rear yard setback of three feet, and the maximum accessory building height will be limited to the height of the primary structure or a maximum height, not to exceed 25 feet, when the accessory building exceeds the height of the primary structure.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-5 district:

(1)

Charitable institutions, rest homes or nursing homes, private nonprofit clubs and lodges;

(2)

Manufactured home parks or communities in accordance with manufactured home requirements;

(3)

Churches;

(4)

Public parks and playgrounds; and

(5)

Resort and single-family homes and bait shop.

(Prior Code, § 17.24)

(a)

Purpose. The R-6 PV district is intended to provide for single-family and two-unit duplexes in a newer urban development and served by public utilities. The R-6 PV district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses in an effort to protect/maintain property values. The R-6 PV district is to be used solely for new residential single-family and two-unit duplexes.

(b)

Permitted uses.

(1)

Single-family dwellings.

(2)

Two-unit duplex dwellings, with zero lot lines, are allowed only on these specific lots: 9, 10, 11, 12, 13 and 14. Refer to the certified survey map #8095440 recorded with Lafayette County Register of Deeds on April 5, 2018.

(c)

Requirements.

(1)

No lot as platted shall be further subdivided except lots 9, 10, 11, 12, 13 and 14, which are dedicated to duplex construction. Exception: If after the expiration of three years from the date of recording of the Parkview Subdivision Declaration of Protective Covenants and Restrictions (April 5, 2018), the then existing governing entity under said covenants and restrictions by a required majority vote may request approval by the common council to reclassify the use of then unsold lots which may result in the creation of new lots, the combining of existing lots, further subdivision of existing lots, and/or creation of single-family lots from lots previously restricted to two-unit residential duplexes and/or creation of two-unit residential duplex lots from previously restricted single-family lots. Any action regarding subdivision of lots, combining of lots, and use of lots must comply with the density requirements of TIF 7 so long as TIF 7 is in existence. If the common council approves the requested changes, this section shall be so amended. If the common council does not approve the requested changes, said requested changes shall not be made.

(2)

Construction of a single residence on multiple lots is prohibited while TIF 7 is in existence.

(3)

Square footage minimums. All principal structures constructed in the R-6 PV district shall meet the following minimum finished gross square foot living area requirements exclusive of open porches, garages, patios, decks and basements.

a.

Single-story home of 1,600 square feet.

b.

Two-story home of 2,400 square feet.

c.

Each individual unit of a duplex of 1,450 square feet.

d.

Split-level home of 1,800 square feet. The lowest level/basement may be included in calculating the minimal square footage of 1,800 square feet. However, only the finished living space counts towards this calculation for the 1,800 square foot living space requirement.

(4)

Duplex units are limited to single-story construction.

(5)

The lowest level in a split-level home shall be considered the basement for the purpose of this section.

(6)

Trees and shrubs cannot infringe on any neighboring lot.

(d)

Building requirements. All principal structures constructed on the lots must have the following:

(1)

Fully poured concreted basement or concrete slab with footings.

(2)

Each unit of a duplex is required to have individual lateral lines for water and sewer.

(3)

Each residential structure (individual home and each individual unit of a duplex), is required to have a minimum of an attached two-car garage at least 20 feet wide and 23 feet deep.

(4)

Garage doors can be of either single or double design but must have working electric garage door openers and be operational. This does not pertain to walk-through doors.

(5)

The driveway to the principal structure must consist of poured concrete and be completed within six months of occupancy. The width of the concrete driveway cannot exceed the outer side of the exterior walls of the attached garage.

(6)

The exterior street-facing side of each principal structure is required to consist of a minimum of 20 percent rock or brick.

(7)

Metal roofs are allowed but must be of residential type, for example textured and/or lapped construction.

(8)

Uniform mailboxes will be required throughout the R-6 PV district, as established by the governing entity. Mailboxes must be placed on the mail route for the city.

(e)

Building setback requirements. The frontal setback shall pertain to all construction and include any appendages of the residence structure (including be not limited to principal structure, garage, porch, roof, etc.).

(1)

All building frontal setbacks for lots 1, 2, 3, 4, 5, 6, 7, 8, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 must be 30 feet from the individual lots' existing street property line at the structures closest point to the street to provide a uniform frontal appearance.

(2)

Lots 9, 10, 11, 12, 13 and 14 must have a minimum frontal set back of 30 feet to accommodate the radius of the street. The frontal setback shall pertain to all construction except driveways and sidewalks and include any appendages.

(3)

The minimum side yard setback is ten feet.

(4)

The minimum rear yard setback is 12 feet.

(5)

The minimum side yard and rear yard setback requirements specifically restrict the location of residence, garage, and accessory buildings from each lot's respective property line.

(6)

All lots are furthermore subject to all applicable city ordinances if they are more stringent then contained here.

(f)

Accessory building. A single accessory building is permitted for each residential unit on a lot and:

(1)

Be located in the rear yard of the primary structure.

(2)

Must have a poured concrete floor and foundation.

(3)

Have a minimum floor area of 100 square feet and not exceed a maximum floor area of 600 square feet.

(4)

The exterior of the accessory building must match the exterior of the principal structure in regards to the color scheme.

(5)

All utilities serving any structure shall be underground.

(6)

No buildings or other permanent improvements shall be erected or placed within any utility easement. Refer to specific language on fencing contained in subsection (g)(3) of this section.

(7)

Have an accessory building height limited to the height of the primary structure or a maximum height not to exceed 18 feet.

(8)

A double pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.

(9)

Roof overhang of one foot minimum measured from the vertical sides of the structure.

(g)

Fencing. Any fencing allowed shall be constructed in accordance with city ordinances along with the following requirements:

(1)

No security or chain link fences are allowed to extend forward from the rear of the principal structure. Fences can only be extended from the rear of the residence/structure into the rear yard and side yards.

(2)

Chain link fences must have a plastic coating and are limited to only colors of green, white or black.

(3)

Fences may be erected within a city right-of-way, but in the event of the city's need to access utilities to make repairs or replace services, the city retains the right to remove any fence, landscaping or apparatus located within the utility right-of-way. All associated costs of replacement will be solely that of the lot owner.

(4)

Fences may be installed on the side or rear yard property line as long as they are in compliance with existing city ordinances and the language of subsection (g)(3) of this section.

(5)

The pre-existing white vinyl fence shall stay in place along the southern border of Parkview Subdivision at all times and cannot be removed by a property lot owner.

(6)

All property owners south of Parkview Avenue will assume full ownership and responsibility for maintenance and replacement of the three-rail white vinyl fence. The city may require individual lot owners or all lot owners south of Parkview Avenue to replace any or all portions of the white vinyl fence located on their lot when it deems necessary.

(7)

All fences will be properly maintained, meaning amongst other things, in good condition, in an upright position (not leaning), painted and with no broken or missing pieces.

(h)

Additional limitations. The following items are prohibited in the R-6 PV district:

(1)

All forms of commercial activity. This includes home occupations.

(2)

Aboveground swimming pools. Temporary containers serving as swimming pools/wading pools with a maximum depth of 12 inches and a surface area not to exceed 150 square feet are permitted but location is restricted to the rear yard of the lot. Any in-ground swimming pool shall comply with the city zoning and building codes and shall be surrounded by a fence with a self-locking gate.

(3)

All outdoor cages or outdoor kennels.

(4)

Outdoor or indoor wood-burning furnaces.

(5)

Woodpiles or compost piles on any visible portion of the lot.

(6)

Windmills and rain barrels are prohibited.

(7)

Mechanical work is not permitted in the yard, driveway or street. Mechanical work can only be performed within a structure (e.g., garage or accessory building). Changing of a flat tire, jump-starting or changing of a battery are exempt from the requirements of this section. Commercial repairs to vehicles are prohibited in Parkview Subdivision.

(8)

All forms of solar energy collectors must be roof-mounted. Collectors must be placed to the rear of the roof structure, meaning it must be located to the rear of the roof peak to restrict viewing while facing the front of the structure from the street.

(9)

Exterior lighting installed on any lot shall be indirect or of such controlled focus and intensity that such lighting will not disturb residents of adjacent lots.

(10)

Location of entertainment devices (i.e., swing sets, jungle gyms, playground equipment, etc.) in the front yard of any lot. All forms of playground equipment are permitted only in the rear yard of each lot.

(i)

Pets and animals. Feline and canine animals are the only animals allowed outside of a principal structure in Parkview Subdivision and must be confined to owner's lot while unleashed. Lot owners are limited to any combination of two feline or canine animals in total, while unleashed on their respective lot. Any fenced-in pet retention and exercise area must be located to the rear of the lot. (Refer to subsection (g)(1) of this section.)

(j)

Storage.

(1)

No boats, trailers, ATVs, UTVs, campers or RVs shall be parked in the driveway of a residential lot for a period greater than 48 consecutive hours and not more than four days in a given month. Property owners may request a temporary waiver to this provision from the governing entity, prior to exceeding the limits. The governing entity shall be allowed to grant a waiver to this section but not to exceed 30 days in any calendar year.

(2)

Non-commercial cars and trucks owned privately by the lot owner or by their immediate family may be parked in their respective driveway, but the maximum permitted number of vehicles allowed shall be determined by the number of bays in the attached garage, regardless of depth, (e.g., a residence with a two-car attached garage is limited to two vehicles in the driveway. Permitted vehicles in driveways must be fully operational, insured and licensed. Any violation of this restriction will result in tow and storage costs to be paid by the lot owner.

(3)

At no time shall any motorized vehicle or trailer described in subsection (j)(1) of this section and including cars, trucks or motorcycles be parked on the lawn of any lot.

(k)

Signage.

(1)

No signs are permitted on any lot except for lawn signs used by a builder while actively working on the lot or signs of a licensed real estate broker or developer advertising the lot for sale. Political signs are permissible 45 days prior to an election and must be removed within five days following said election. One sign supporting a high school, college/university or professional team is allowed on each lot during a sports season but shall be removed within ten days upon completion of the season. Signs advertising a garage sale on the respective lot may be installed on the first day of the garage sale and shall be removed within two hours of the conclusion of the garage sale. All signs referenced above shall not be larger than six square feet in size.

(2)

The installation of a flagpole must be reviewed and approved by the governing entity prior to installation. The governing entity may approve or reject installation based on the aesthetics and height of the planned pole. Reasonable requests for installation of a flagpole should not be withheld.

(l)

Structure/ground maintenance. The structures and grounds of each lot shall be maintained in a neat and attractive manner. Upon the owner's failure to do so, the city may, at its option and after the period of 15 days of written notice sent to the owner at the owner's last known address has transpired, have grass, weeds, dead trees, dead shrubs, dead plants and other vegetation cut and removed as often as in its judgment the same is necessary. The city shall be allowed to conduct this work upon the non-action of an owner as allowed by city ordinance. The city shall be allowed to tax any charges for these services against the lot owner as allowed by law. This ordinance is meant to prevent an owner's negligence or inaction from negatively impacting the value of neighboring lots. Chapter 30, article III, regarding property maintenance and appearance, shall also stipulate general maintenance requirements.

(m)

Inspections. For the sole purpose of inspecting the construction of any improvements or for performing the repair and maintenance outlined in subsection (l) of this section, the city through its duly authorized agents or employees shall have the option, after reasonable notice to the owner, to enter upon any lot at reasonable hours on any business day to perform or ensure that all work has been performed.

(n)

Enforcement. If any person violates or attempts to violate any conditions of this zoning chapter regarding the R-6 PV District or the covenants that travel with the land, or restrictions therein, it shall be lawful for the city or any person owning an interest in the R-6 PV District, to proceed with legal action in law or equity against such persons violating or attempting to violate any condition or covenant.

(1)

The city may enforce this section in accordance with all applicable laws, codes and ordinances for enforcement of city ordinances.

(2)

If no action has been taken by the city to enforce a violation of this section, any owner of a lot within Parkview Subdivision may pursue enforcement of this section as follows:

a.

A written notice of the violation must first be filed with the police department.

b.

In the event there is no action taken by the police department, any owner of a lot within Parkview Subdivision may pursue enforcement of the zoning ordinance, restrictions and covenants. Any person may report an alleged violation to the city. The city has 15 days from the date of receiving notice of the alleged violation to determine if it is going to act on the allegation or not. If the city fails to act on the allegation within the 15 days, the individual lot owner may seek enforcement of these restrictions/conditions. Following the procedures contained in subsections (n)(2)c and (n)(2)d of this section.

c.

The first notice shall be made by certified mail to the lot owner in violation and shall state the violation. The lot owner will have 15 days to respond and initiate corrective action. If the lot owner does not respond in writing via certified mail or hand delivery to the city clerk or deputy clerk, enforcement action may proceed through legal proceedings.

d.

Any notice required to be sent to any owner under the provisions of this section or the covenants shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as owner at the time of such mailing.

(Ord. No. 303, § 1, 9-19-2018; Ord. No. 318, §§ 1—5, 5-19-2021)

(a)

Purpose. The B-1 district is intended to provide an area for central business needs of the community and to create an area of specialized retail and service business.

(b)

Permitted uses. The following uses are permitted within a B-1 district:

(1)

Apartment hotels;

(2)

Appliance stores;

(3)

Antique;

(4)

Bakeries;

(5)

Banks;

(6)

Barber and beauty shops;

(7)

Business offices;

(8)

Caterers;

(9)

Churches;

(10)

Clinics;

(11)

Clothing stores and repair shops;

(12)

Clubs;

(13)

Cocktail lounges;

(14)

Cold storage facilities;

(15)

Drug stores;

(16)

Electrical supply;

(17)

Financial institutions;

(18)

Florists;

(19)

Food lockers;

(20)

Funeral homes;

(21)

Furniture stores;

(22)

Furniture upholstery shops;

(23)

Gift store;

(24)

Grocery stores;

(25)

Hardware stores;

(26)

Heating supply;

(27)

Hobby shops;

(28)

Home occupations;

(29)

Laundromats and dry-cleaning establishments employing not over seven persons;

(30)

Offices;

(31)

Press rooms;

(32)

Nightclubs;

(33)

Office supplies;

(34)

Optical offices;

(35)

Pawn shops;

(36)

Personal service establishments;

(37)

Pet stores;

(38)

Places of entertainment;

(39)

Photographic supplies;

(40)

Plumbing supplies;

(41)

Post office;

(42)

Printing;

(43)

Private clubs;

(44)

Private schools;

(45)

Professional, governmental, and business offices;

(46)

Publishing;

(47)

Radio broadcasting studios;

(48)

Residential units above commercial uses;

(49)

Restaurants;

(50)

Second hand stores;

(51)

Self-service and pickup laundry and dry cleaning establishments;

(52)

Signs;

(53)

Studios;

(54)

Taverns;

(55)

Variety stores and vegetable stores; and

(56)

Video stores.

(c)

Requirements. In order to be considered a conforming lot or structure within a B-1 district, a lot or structure must:

(1)

Have a minimum lot size of 4,000 square feet on sewered lots;

(2)

Not exceed a maximum principal building height of 45 feet; and

(3)

Have an accessory building side yard setback of three feet and a maximum accessory building height of 25 feet.

(d)

Conditional uses. The following uses shall be considered conditional uses within a B-1 district:

(1)

Public and semi-public uses such as fire stations, emergency stations, emergency shelters, and city garages;

(2)

Modifications of parking requirements;

(3)

Bed and breakfasts;

(4)

Hotels and motels;

(5)

Day care centers;

(6)

Single residential units attached to or part of the business unit;

(7)

Auto sales;

(8)

Automobile and light truck repair; and

(9)

Manufacturing of cheese.

(Prior Code, § 17.25)

(a)

Purpose. The B-2 district is intended to provide an area for the businesses oriented towards the highway user, tourist, or temporary visitors to the city.

(b)

Permitted uses. The following uses are permitted within a B-2 district:

(1)

Service stations;

(2)

Drive-in restaurants;

(3)

Hotels and motels;

(4)

Banks with drive-through banking services;

(5)

Auto sales;

(6)

Convenience store; and

(7)

Any use permitted in the B-1 district.

(c)

Requirements. In order to be considered a conforming lot or structure within a B-2 district, a lot or structure must:

(1)

Have a minimum lot size of 10,000 square feet and a minimum lot width of 80 feet;

(2)

Have a front yard setback of 40 feet, a rear yard setback of 20 feet, and a side yard setback of 20 feet;

(3)

Not exceed a maximum principal building height of 45 feet; and

(4)

Have an accessory building side yard setback of three feet and a maximum accessory building height of 25 feet.

(d)

Conditional uses. The following uses shall be considered conditional uses within a B-2 district:

(1)

Car washes;

(2)

Truck stops;

(3)

Public and semi-public uses such as fire stations, emergency shelters, and city garages;

(4)

Industrial incubators;

(5)

Warehousing;

(6)

Day care centers;

(7)

Excavating and construction office, repair and storage;

(8)

Grain bins and storage bins;

(9)

Single-family residential;

(10)

Campground;

(11)

Commercial storage units.

(Prior Code, § 17.26)

It is hereby declared a matter of public policy that a specific area of the city be identified, designated and protected because of its special character and historical interest. This area, to be called the Downtown Historic District, shall be described in general by the map and specifically by the boundary description:

(1)

Boundary description. Beginning at the northeast corner of Lot 9 of Hempstead's Open Lots, thence south to the south lot line of 104 South Judgement Street, which includes parts of Lots 30 and 31 of Hempstead's Open Lots, then west to the west lot line of the parcel, then north along the west lot line of the parcel to a point in the south line of the Lot 9, then west along the south lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Hempstead's Open Lots, then across Iowa Street to the southeast corner of Lot 16, continuing west along the south lines of Lots 16, 17, and 18 of Hempstead's Open Lots, then south along the east lot line of 112 Galena Street, which parcel includes Lots 19, 20 and parts of Lots 21 and 23 of Hempstead's Open Lots, then south across Church Street to the north line of 226 Church Street, then east along the north line of the parcel to its east line, then south to its south line, then west to its intersection with Galena Street, which parcel includes Lot 43 and part of Lot 42, Hempstead's Open Lots, then west across Galena Street to include a parcel described as part of the NE¼ of the SE¼ of section 10, T1N, R2E, described in V.12 1, p.620, also known as 240 Church Street, then north along the west line of Galena Street to a point on the east line of Block 1 of Hempstead's Addition, then west along the south lines of Lots 1, 2, 3, 4 and 5, Block 1, Hempstead's Addition, then across Mineral Street and continuing west along the real lot lines of 306-310 and 314 West Water Street, which include Lot 2 and parts of Lots 1 and 3, Block 2, Hempstead's Addition, then north along the west line of the parcel across West Water Street to a point on the south line of Block 12, Northwest Addition, then west to the west lot line of 327 West Water Street, then north along the west line to the north line of the lot, then east to a point in Mineral Street, the parcel including part of Lot 4, Block 12, Northwest Addition, Lots 4, 5, 6, 7, the north 53 feet of Lot 8 and Lot 9 except the north 33 feet, all in Block 13 of the Northwest Addition, the south 27 feet of Lot 1, all of Lots 2, 3 and 4, Block 4, Hempstead's Addition, then east across Mineral Street to include the entire of Lots 1, 2, 3, 4, 5 and 6, Block 5, Hempstead's Addition, then east across Galena Street to include the entire of Lots 1, 2 and 3 of Hempstead's Open Lots, then east across Iowa Street to the northeast comer of Lot 8, Hempstead's Open Lots, then south along the east line of the Lot 8 to its intersection with West Water Street, including all of Lots 4, 5, 6, 7 and 8 of Hempstead's Open Lots, then continuing the east line of the Lot 8 South across West Water Street to the south line of West Water Street, then eastward along the south line to the point of beginning.

(2)

Criteria for creation of Downtown Historic District. In that the Downtown Historic District reflects a pattern in the broad social history of Shullsburg and in the state and the nation, and that elements within the district meet designation criteria in section 22-63(a), namely that many of the buildings in the district exemplify or reflect the broad cultural, economic and social history of the city and region are identified with historic personages of importance in local history, and embody the distinguishing characteristics of an architectural type of specimen, inherently valuable for a study of the period, style, method of construction or of indigenous materials or craftsmanship, the area described by the map and the boundary description shall be designated as an historic district.

(Prior Code, § 17.109(1), (2))

The historic preservation commission shall act in these matters specifically as they regard the Downtown Historic District in the manner specified in section 22-66(2) and (3).

(Prior Code, § 17.109(3))

(a)

Height. The maximum height for new improvements in the Downtown Historic District shall be no greater than the average of the height of the two nearest neighboring improvements on each side and the four nearest improvements located across the street from the proposed improvement.

(b)

Materials.

(1)

Materials for the exterior walls of new improvements shall be the same or similar to materials prevalent in the Downtown Historic District. Permitted materials include stone and brick, in type and color to match existing improvements identified as "contributing" or "significant" on the Downtown Historic District Map, and narrow-gauge horizontal clapboards whose exposed width matches that used on wood-sided improvements identified as "significant" on the Downtown Historic District Map. Aluminum or vinyl siding resembling narrow-gauge clapboards are permitted, provided they match as well.

(2)

The following materials are prohibited: asbestos, wide clapboards over four inches in exposed width, diagonal boards, vertical boards, rough-sawn wood, rough split shingles, shakes, smooth-sided concrete or cinder block, metal sheets or other materials not similar to or visually compatible with improvements identified as "contributing" or "significant" on the Downtown Historic District Map.

(c)

Street facades. Street facades of new improvements shall be visually compatible with improvements identified as "contributing" or "significant" on the Downtown Historic District Map. The proportions and relationships between width and height of doors and windows in new street facades shall be compatible with those found on improvements identified as "contributing" or "significant" on the Downtown Historic District Map, and the rhythm of solids to voids shall be similarly compatible. All new street facades shall be visually compatible with buildings within 100 feet along the adjoining or opposite street face via directional expression, whether that expression be horizontal or vertical. Street setbacks shall be no greater than the average of the two nearest neighboring improvements on each side of the proposed improvement.

(d)

Roof shape and materials. The shapes, pitches and materials of roofs of new improvements shall be similar in appearance to those found on improvements identified as "contributing" or "significant" on the Downtown Historic District Map.

(e)

Solar panels. Solar panels are permitted where they are not visible from the street, and may be permitted when visible, provided that they do not hide from street view any architectural features of neighboring improvements and further provided that they are not of so large a scale that they become a major feature of the design of the proposed improvement.

(f)

Accessory buildings. Any accessory buildings proposed shall be reviewed and approved by the same criteria as principal improvements where they are visible from the street.

(Prior Code, § 17.109(4))

(a)

Height. All additions shall be no higher than the existing improvement. The historic preservation commission may grant variances to height where a taller addition cannot be seen from the street.

(b)

Materials.

(1)

Materials for the exterior walls of additions, alterations or repairs shall be the same as those used on the wall being added to, altered or repaired, unless prohibited below.

(2)

Any approved material that replaces or covers clapboards or non-original siding on improvements originally sided with clapboards may be approved by the commission provided that the new siding imitates the width of the original to within one inch and provided further that all architectural details, including, but not limited to, window trim, wood cornices, and ornament either remain uncovered or are duplicated exactly in appearance.

(3)

All trim must continue to project out beyond the plane of the new siding. If insulation is applied under new siding, then all trim must be built up so that it projects from the new siding to the same extent that it did with the original siding.

(4)

Vinyl and metal material is discouraged for exterior walls of additions, alterations or repairs.

(c)

Alterations to street facades and additions. Alterations to street facades and additions including additions to the tops of improvements, shall be compatible with the existing improvement in architectural design, scale, color, texture, proportion of solids to voids and proportions of widths to heights of doors and windows. Materials used in such alterations and additions shall duplicate in texture and materials, and architectural details used therein shall duplicate in design, the materials and details used in the original construction of the improvement or of similar improvements in the Downtown Historic District. The commission may approve the duplication of the texture and appearance of materials and the design of architectural details found on the existing improvement, where they differ from those originally used, except that the commission may not approve the continued covering of storefront shop windows. When alterations to the storefronts are undertaken, storefronts and shop windows shall be either restored to their original appearance or to the appearance of similar improvements in the Downtown Historic District dating between 1840 and 1930. Multiple lights may be replaced with single lights, provided that exterior mountings are installed which duplicate the original mountings in shape and location. Exterior alterations and additions which exactly duplicate the original materials in composition are encouraged. Exterior alterations and additions that destroy significant architectural features are prohibited. Side additions shall not detract from the design composition of the original facade. Alteration and additions shall harmonize with the architectural design of the existing improvement rather than contrast with it.

(d)

Roof shape and materials. Buildings shall be re-roofed with an approved material which approximates the appearance of the original roofing material as closely as possible.

(Prior Code, § 17.109(5))

(a)

Primary signs.

(1)

Storefronts are permitted one primary sign.

(2)

Primary signs are considered permanent and shall be attached to the building.

(3)

Primary signs shall be constructed of a material similar to wood in appearance and attached to the building with non-staining/non-rusting hardware.

(4)

A primary sign shall be located below the sills of second floor windows and above the cornice line, with letters and numbers limited in height to 50 percent of the height of the signboard.

(5)

Where a fixed awning is mounted, it may be used as the primary sign, and the signable surface shall be considered the signboard for the purpose of calculating letter height. Awnings shall be mounted seven feet above the sidewalk and shall project no more than seven feet from the storefront.

(6)

It may be of a shape and design appropriate to the period 1840 to 1930.

(7)

Neon signs are strictly prohibited as a primary sign.

(b)

Secondary signs and flags.

(1)

One secondary sign or flag is permitted.

(2)

It may be made of material other than wood or painted metal.

(3)

It may be placed upon the awning skirt, upon a window, upon a side wall or hung from or projected from the improvement face.

(4)

A secondary sign or flag shall be no larger than 12 square feet in area, and shall be of a shape and design appropriate to the period 1840 to 1930.

(5)

Secondary signs or flags hung or projecting shall be no closer to the ground than seven feet except in approved areas.

(6)

Window signs shall be of a material and color that contrasts with the display, while being small enough not to interfere with the display area.

(7)

Sandwich/menu boards may be placed on the sidewalk during business hours. Boards must be placed in approved areas and must not obstruct pedestrian traffic.

(c)

Permanent signs. No other permanent signs other than those listed above are allowed.

(d)

Temporary signs.

(1)

A temporary sign is intended for a short duration. Posters are classified as temporary signs.

(2)

Vinyl signs are strictly prohibited.

(e)

Sign and awning illumination. Signs may be illuminated from without by direct lighting, provided that sign lighting does not shine directly into windows of other improvements. Signs and awnings shall not be illuminated from within.

(Prior Code, § 17.109(6))

(a)

Abrasive cleaning prohibited. Sandblasting, waterblasting with a sand additive, or corrosive cleaning, including, but not limited to, muriatic acid wash are prohibited unless specifically approved prior to work by the historic preservation commission. The commission shall approve exterior surface cleaning projects using abrasive or corrosive cleaning methods only if the project will not adversely affect the exterior fabric of the improvement.

(b)

Maintenance required. Every person in charge of an improvement in the Downtown Historic District shall preserve and keep from deterioration all buildings on the improvement. The owner shall repair the building or structure to correct any defects, including, but not limited to, the following:

(1)

All of the exterior portion of such improvement, including, but not limited to:

a.

Deteriorated or ineffective water proofing of exterior walls, roofs, foundations, or floors including broken windows and doors.

b.

Defective or lack of weather protection for exterior wall coverings, foundations, or floors, including broken windows or doors.

c.

Deteriorated exterior features which, create a hazardous condition which could make demolition for public safety.

(2)

All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair.

(3)

All interior portions deemed to be historically significant to the improvement.

(4)

The improvement or any portions thereof which, if not so maintained, renders the improvement structurally unsafe or not properly watertight.

(5)

All maintenance shall be completed by individuals qualified to complete the work, utilizing approved material which will exactly replicate the materials in the area being maintained, and complying with applicable historic preservation standards. Upon request by the historic preservation commission, written qualifications of the persons completing the work, as well as information describing similar work done for a minimum of three projects in the area may be required. No repairs shall cause, either directly or indirectly, the additional deterioration of the improvement or any portion thereof.

(6)

Any plants or landscaping which accelerates the deterioration of the improvement, including climbing vines directly on the building must be promptly removed.

(c)

Waiver or variance permitted. Insofar as they are applicable to an improvement in the Downtown Historic District, any provisions of code under this section relating to the construction or reconstruction of improvements or their mechanical systems may be varied or waived, upon application, by the appropriate board having jurisdiction over such code provision or, in the absence of such board, by the city zoning administrator, provided that such variance or waiver does not endanger public health or safety.

(Prior Code, § 17.109(7))

(a)

Items and merchandise may be placed on approved areas of the sidewalk during business hours only and must not obstruct pedestrian traffic.

(b)

Garbage cans must be recommended by the historic preservation commission and approved by the city council.

(Prior Code, § 17.109(8))

Single-family occupancy of residential space on floors above the first-floor (ground level) business areas is permitted as a conditional use in the DH district.

(a)

Purpose. The M district is intended to provide for industry and manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities, and relationships to other uses. The M district is intended to keep out uses not compatible with industry.

(b)

Permitted uses. The following uses are permitted within an M district:

(1)

The manufacture, processing or assembly of goods which do not require open storage;

(2)

Repair, service, processing or assembly of goods which do not require open storage;

(3)

Wholesale businesses without open storage; and

(4)

Storing and warehousing of products without open storage.

(c)

Requirements. In order to be considered a conforming lot or structure within an M district, a lot or structure must:

(1)

Have a minimum lot size of one acre and a minimum lot width of 100 feet;

(2)

Have a front yard setback of 15 feet, rear yard setback of 15 feet, and a side yard setback of 15 feet;

(3)

Not exceed a maximum building height of 50 feet; and

(4)

Have a side yard setback of five feet for accessory buildings.

(d)

Conditional uses. The following uses shall be considered conditional uses within an M district:

(1)

All permitted uses with open storage;

(2)

Commercial processing, but not butchering of fowl or animals;

(3)

Lumberyards;

(4)

Convenience store, car wash, and laundromat; and

(5)

Any use permitted in the B-1 and B-2 districts.

(e)

Screening. Any open storage use shall be screened by being contained within an opaque fence or wall 72 inches high or a visual screen consisting of evergreen, or evergreen type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within 15 feet of the property line or in any way out of view of the public.

(Prior Code, § 17.30)

(a)

Purpose. The C district is intended to preserve the natural state of scenic areas in the community, to prevent the uncontrolled, misplaced, uneconomical spread of residential, business, or other development, to prevent soil and water pollution, and to help discourage intensive development of marginal and floodplain lands so as to prevent potential hazards to public and private property.

(b)

Permitted uses. The following uses are permitted within a C district:

(1)

Parks and parkways, recreation areas, cemeteries;

(2)

Management of forestry, wildlife and fish;

(3)

Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits, and tree seeds;

(4)

Fishing; and

(5)

Uses customarily incidental to any of the above uses.

(c)

Requirements. The following requirements apply within a C district: a minimum lot size of 6,000 square feet and a minimum lot width of 42 feet.

(d)

Conditional uses. The following uses shall be considered conditional uses within a C district:

(1)

Gravel or sand pits and quarries, including the washing and grading of products;

(2)

Upon written permission from the city council in keeping with the purpose of this chapter, after recommendation of the board of appeals, after a public hearing: landfill areas, sewage disposal and treatment plants, city garages, water pumping or storage facilities, amusement parks, golf courses and driving ranges, public recreation buildings, and public or private camping grounds; and

(3)

Dams and transmission lines.

(Prior Code, § 17.35)

(a)

Purpose. The A district is intended to delineate and protect the areas best suited for agriculture and to provide for controlled growth.

(b)

Permitted uses. The following uses are permitted within an A district:

(1)

Single-family residences;

(2)

Raising of farm crops;

(3)

Farm buildings only when accessory to a single-family residence;

(4)

Adult entertainment uses or districts.

(c)

Requirements. In order to be considered a conforming lot or structure within an A district, a lot or structure must:

(1)

Have a minimum lot area of ten acres and a minimum lot width of 80 feet;

(2)

Have a front yard setback of 80 feet, a rear yard setback of 50 feet, and a side yard setback of six feet;

(3)

Not exceed a maximum principal building height of 80 feet; and

(4)

Have an accessory building side yard setback of three feet and no maximum accessory building height except that all accessory buildings must be set back from all road and easements or road lines and property boundaries at a distance at least equal to their height.

(d)

Conditional uses. The following uses shall be considered conditional uses within an A district:

(1)

Microwave radio, relay structure, radio broadcast, and television structures;

(2)

Public and private campgrounds;

(3)

Kennels;

(4)

Stables;

(5)

Public and semi-public uses; and

(6)

General farming including raising of crops and keeping of farm animals, including, but not limited to, cattle, fowl, rabbits, sheep, goats, and horses, except farms operated for the disposal of garbage, rubbish, offal or sewage; feedlot limited to 150 livestock units or less; poultry farm housing limited to 10,000 birds or less; signs not over eight square feet in area advertising the sale of farm products produced on the premises.

(Prior Code, § 17.40)

This division permits specific uses in specified districts; and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. No structure, land, or water shall hereafter be used except in compliance with their district regulations and with the following performance standards.

(Prior Code, § 17.85)

The volume of sound inherently and recurrently generated shall not exceed the following standards at any point along the boundaries of the zone in which the use is located:

(1)

Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses; and

(2)

Maximum sound pressure levels shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association and shall not exceed the values for octave bands lying within the several frequency limits given in the following table after the application of appropriate corrections:

a.

B-1 and B-2 districts:

SOUND STANDARDS FOR B-1 AND B-2 DISTRICTS

b.

Manufacturing districts:

SOUND STANDARDS FOR MANUFACTURING DISTRICTS

(Prior Code, § 17.86)

An operation which creates vibrations that can be measured without instruments, e.g., heavy drop forges, heavy hydraulic surges, shall be set back:

(1)

In all B districts and the DH district, a distance of not less than 500 feet from all lot lines except where a lot line abuts an M district in which case no setback is required; and

(2)

In an M district, a distance of not less than 500 feet from the district boundaries.

(Prior Code, § 17.87)

No operation shall be permitted which causes radioactivity in violation of CFR title 10, chapter 1, part 20, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revisions or amendments.

(Prior Code, § 17.88)

(a)

In A, C, DH and all B districts, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

(b)

In an M district, no emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along district boundaries without use of instruments and in such quantity as to be readily detectable at any point along district boundaries without use of public nuisance or hazard beyond lot lines shall be permitted.

(Prior Code, § 17.89)

No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business, shall be permitted.

(Prior Code, § 17.90)

No direct or reflected glare from any M district shall be detectable from any R district boundary.

(Prior Code, § 17.91)

No direct or reflected heat from any M district shall be detectable from any R, DH or B district boundaries.

(Prior Code, § 17.92)

No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

(Prior Code, § 17.93)

(a)

No emission of fly ash in excess of the quantity specified in the following table shall be permitted:

FLY ASH STANDARDS

(b)

For heat content between any two consecutive heat contents given in the table, the fly ash limitation shall be as determined by interpolation.

(Prior Code, § 17.94)

No emission of smoke from any source, as measured on the Ringlemann Chart published by the Federal Bureau of Mines, shall be permitted in excess of:

(1)

In all B districts and the DH district, a density described as Ringelmann No. 2, provided that a density equal to Ringelmann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes; and

(2)

In the M district, a density described as Ringelmann No. 3.

(Prior Code, § 17.95)