(a)

The city has enacted extraterritorial zoning for the purpose of achieving coordinated development of the city and its immediate environs. Extraterritorial zoning has been in effect since 1970 and has been coordinated with the towns of Sparta and Angelo through the joint extraterritorial review committee established in compliance with Wis. Stats. § 62.23(7).

(b)

Except as otherwise specifically provided in this article, this article shall be construed within the context of this article and shall be governed by the definitions, procedures and standards set forth in this article, except in those cases where the provisions, article X of this chapter, specifically state different provisions. In such cases, the provisions of article X of this chapter shall govern.

(Prior Code, § 17.32(1), (2))

The zones established in the extraterritorial area are delineated on the extraterritorial zoning map which, together with all explanatory matter, is declared to be part of this article. The original map is one file and available for inspection in the city clerk's office.

(Prior Code, § 17.32(3))

This article will govern all land use development proposals within the extraterritorial area except within the officially-designated floodplain areas. Floodplain areas within the extraterritorial limits shall be governed by the county floodplain ordinance. The floodplain ordinance shall be used as an overlay district to be used in combination with the underlying extraterritorial zoning districts. In cases where these provisions are in conflict, the more restrictive provisions shall apply. The limits of the floodplain in the extraterritorial area are defined in the flood insurance study for the county prepared by the federal emergency management agency.

(Prior Code, § 17.32(4))

The following procedures for rezoning and zoning review shall be used in the extraterritorial area.

(1)

All requests for rezonings and variances within the extraterritorial area shall be submitted to the city clerk in the application form specified by the clerk's office. The city clerk shall be responsible for notifying the respective extraterritorial committee, establish a public hearing date for the committee to review the proposed change and provide for a minimum of a Class I publication giving notice of the proposed meeting. The extraterritorial committee meeting shall be held within 45 days of submittal of the application unless an extension is mutually agreed to by the applicant and the city. If not acted on within the specified period, the request shall be deemed granted.

(2)

In a request for rezoning, the extraterritorial committee representing the town within which the zoning amendment is being requested may recommend approval or deny the request. If the extraterritorial committee recommends approval, the recommendation shall be transmitted to the city council, which may either approve or deny the request following a public hearing preceded by Class II notification. If the extraterritorial committee denies the rezoning request, the city council only has the option of affirming the denial. The city council may not overrule the extraterritorial committee's decision to deny.

(3)

In the case of variance, the request for variance shall be referred to the respective extraterritorial committee. The extraterritorial committee shall meet to consider the variance and provide a recommendation to the city board of zoning appeals. The extraterritorial committee may only recommend an action to approve or deny. The board of zoning appeals is not bound by the recommendation of the extraterritorial committee.

(4)

After final decision is rendered by the city council or board of zoning appeals, depending upon the type of action requested, official notification shall be sent by the city clerk to the respective town clerk, conveying the final decision of the city council or board of zoning appeals.

(Prior Code, § 17.32(6))

The purpose and intent of this division is to establish regulations for communication towers and antennas and facilitate the growth of personal communication services as defined in section 704 of the Telecommunications Act of 1996, 47 USC par. 332, minimize the adverse visual impact of towers and antennas and provide for the safety of the adjacent property owners and general public.

(Prior Code, § 17.32(7)(a))

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

Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omni-directional antennas, such as whip antennas.

Height means the distance measured from ground level to the highest point on a tower or other structure, including an antenna.

Self-supporting means a lattice or monopole tower or antenna which employs no guy wires or cables for support or anchorage; freestanding.

Tower means any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus.

(Prior Code, § 17.32(7)(b))

(a)

Satellite earth-station antennas (dishes) less than ten feet in diameter which serve only dwelling units on the same parcel of land are a permitted accessory use, do not require a zoning permit, and are not subject to setback restrictions.

(b)

Towers and antennas with a height not over 50 feet, which serve only dwelling units on the same parcel of land are a permitted accessory use, and do not require a zoning permit. Towers, and antennas other than dishes, shall conform with the yard setback restrictions for principal buildings.

(c)

In a residential zone, no tower or antenna with a height more than 50 feet shall be erected, except a federally licensed amateur radio station operator (HAM) may erect a tower/antenna with a height not to exceed 75 feet above grade at his residence.

(d)

Not more than two towers shall exist on a residential parcel at any one time.

(Prior Code, § 17.32(7)(c))

In commercial, manufacturing, and agricultural zones:

(1)

If a tower or tower/antenna combination is located on a lot which is adjacent to a residential or agricultural zone, the tower or tower/antenna shall be set back from the property line a minimum distance equal to its height.

(2)

If a tower or tower/antenna combination is located on a lot which is not adjacent to a residential or agricultural zone, the tower or tower/antenna shall be set back a distance equal to half its height.

(3)

A tower/antenna which is located on a lot which is adjacent to a public right-of-way shall not include the width of the right-of-way in the setback calculations.

(4)

A guyed tower on a lot adjacent to a residential zone shall be located so that the earth attachment points for the guy wires shall be at least 100 feet from the residential zone.

(Prior Code, § 17.32(7)(a))

(a)

Visual obtrusiveness. Towers shall be gray or black in color, or shall be some other neutral color acceptable to the plan commission, which blends with the surroundings. No lights or reflectors shall be placed on a tower or antenna other than those required by the FAA, FCC, or other governmental agency. No signs or advertising shall be placed on any tower or antenna except "caution," "keep off" or similar signs.

(b)

Guyed towers. The earth attachment points for guy wires shall be a minimum of 25 feet from the nearest property line.

(c)

Fencing. A tower with a height over 50 feet shall be a minimum of 25 feet from the nearest property line.

(d)

Antennas on existing structure. The city plan commission may grant a conditional use to allow placement of an antenna on any existing structure.

(e)

Additional antennas on existing communication towers. No additional antenna shall be placed on existing communication towers without a prior site plan review conducted by the plan commission. A site plan review does not require a public hearing. Following a successful site plan review, an extraterritorial zoning permit shall be obtained for each additional antenna installation.

(Prior Code, § 17.32(7)(e))

Any tower or antenna that is not operated for a continuous period of 12 months shall be considered abandoned, and, the owner of the tower or antenna or owners of the property where the tower site is located shall:

(1)

Remove the tower or antenna including all supporting equipment and buildings within 90 days of receipt of notice from the governing authority notifying the owner of the abandonment. If removal does not occur within the 90 days, the governing authority may remove and salvage the tower or antenna and all supporting equipment and buildings at the property owner's expense. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower.

(2)

The applicant for a permit under this division shall submit a copy of a signed agreement between the property owner and the owner of the tower, antennas and supporting equipment and buildings assigning the obligation for abandonment and subsequent removal based on the provisions of the previous subsection. The agreement shall contain the requirement that notice of this division shall be given in writing by the owners to successor owners of the property or tower, antenna, supporting equipment and buildings.

(Prior Code, § 17.32(7)(f))

(a)

Principal uses. One-family dwelling; two-family dwelling; park or playground; place of worship; museum, library; community center; hospital, medical center; nursing or convalescent home; dental clinic.

(b)

Conditional uses. Boardinghouse; planned residential development; private club or lodge; and public, parochial and private schools.

(c)

Accessory uses. Accessory use or structure; essential services; home occupation; private garage or parking area; and truck garden or greenhouse sign.

(d)

Minimum lot area. Twenty thousand square feet.

(e)

Minimum lot frontage. Fifty feet.

(f)

Minimum yards:

(1)

Front. Twenty-five feet.

(2)

Rear. Twenty percent of lot depth with an absolute minimum of 15 feet.

(3)

Side:

a.

Where principal building is a dwelling. There shall be two side yards, one on each side of the building. Neither of the shall be less than six feet in width and the total width of the two side yards shall not be less than 14 feet, provided further, however, that for any building which exceeds 35 feet or two stories in height or 60 feet in length, neither of the side yards shall be less than ten feet in width.

b.

Where principal building is not a dwelling. One-half the height of building.

c.

Accessory building. Two feet or five feet where adjacent to alley or street.

(g)

Coverage of lot area.

(1)

Principal building. Thirty percent.

(2)

Accessory building. Ten percent.

(h)

Maximum building height.

(1)

Principal building. Thirty-five feet except places of worship which may be 75 feet.

(2)

Accessory building. Twenty feet.

(Prior Code, § 17.32(5)(a))

(a)

Purpose. To identify nonfarm residential areas not served by public sewer. To be applied only to two or more lots when considering rezoning. To protect residential neighborhoods by prohibiting uses which will not mix well with the homes.

(b)

Principal uses. One-family dwelling.

(c)

Accessory uses. Essential services and household occupation.

(d)

Conditional uses. Two-family dwelling; public and semipublic uses.

(e)

Minimum lot area. One acre per family or more if required by county sanitary code.

(f)

Minimum width. One hundred feet.

(g)

Minimum depth. One hundred fifty feet.

(h)

Minimum yards:

(1)

Front. Thirty feet.

(2)

Rear. Forty feet.

(3)

Side. Twenty feet.

(i)

Maximum building height:

(1)

Principal building. Three stories or 35 feet.

(2)

Accessory building. Twenty feet.

(Prior Code, § 17.32(5)(b))

(a)

Principal uses. Antique store; automobile service station; bakery; bank, bar or cocktail lounge; barber; beauty shop; boat sales showroom; book or stationery store; bus depot; car sales showroom; cigar store; department store; drug store; dry goods or variety store; eating or drinking place; florist shop; food store; funeral home; furniture store; government service building; hardware store; hotel; indoor amusement center; laundry or dry cleaning establishment; library; locksmith; lumber yards; medical or dental clinic; motel; music store; newsstand; newspaper office; nightclub; office: business, professional, utility, governmental; office equipment store; package liquor store; paint and wallpaper store; parking garage or parking area; pawn shop; photographic equipment and supply store; private club or lodge; professional, business or technical school or studio for art, music, dancing or photography; public garage; radio or TV repair shop; radio or TV studio; shoe repair shop; soda fountain; specialty store; sporting and athletic goods store; steam bath house; tailor or dressmaker; wholesale establishment; manufacturing in enclosed building of: brushes, dress or garments, jewelry, photographic processing, laboratory work, monuments, musical instruments, printing signs, toys or novelties; planned commercial development group; boat sales or rental establishment; car wash; car sales or rental establishment; outdoor amusements such as miniature golf course; planned commercial development group.

(b)

Conditional uses. Mobile home park, including mobile home condominium.

(c)

Accessory uses. Dwelling over or behind any permitted use; accessory use or structure; essential services; home occupation; parking garage or parking area; sign.

(d)

Minimum lot area. 2,000 square feet for each mobile home used for dwelling purposes.

(e)

Minimum yards.

(1)

Front. Twenty-five feet.

(2)

Side. Five feet where adjacent to an R-zone except where zones are divided by an alley or street.

(f)

Maximum building height.

(1)

Principal building. Thirty-five feet where adjacent to an R-zone.

(2)

Accessory building. Twenty feet where adjacent to an R-zone.

(Prior Code, § 17.32(5)(c))

(a)

Principal uses. Manufacturing, processing, repairing or warehousing; wholesale establishment; governmental service building; planned industrial development group.

(b)

Conditional uses. Storage allowed on-premises outside enclosed building.

(c)

Accessory uses. Caretaker's quarters; accessory use or structure; essential services; office; parking garage or parking area; sign.

(d)

Extent of enclosure. All uses including storage shall be entirely within enclosed building.

(e)

Minimum yards:

(1)

Front. Twenty-five feet.

(2)

Side. Ten feet including rail track or alley except where adjacent to an R-zone in which case yard shall be not less than 50 feet including rail track, alley or street width.

(f)

Maximum building height:

(1)

Principal building. Thirty-five feet where adjacent to an R-zone.

(2)

Accessory building. Twenty feet where adjacent to an R-zone.

(Prior Code, § 17.32(5)(d))

(a)

Purpose. To identify areas best suited for industrial development because of location, topography, existing streets and utilities and relationship to other land uses. Uses not compatible with industry are to be discouraged.

(b)

Principal uses. Agriculture, horticulture, dairying, beekeeping, livestock raising, nursery, greenhouse, stable, truck farm; roadside stand for the sale of products grown or produced on the premises; single-family residence with additional dwellings if used by farm help; poultry farm housing 10,000 birds or less.

(c)

Accessory uses. Essential services and household occupation.

(d)

Conditional uses. Commercial raising of fish; poultry farm housing more than 10,000 birds, fur farm; mineral extraction and processing; campground, golf course, trap and skeet shoot, rifle range, motorcross course, race track and festival grounds; kennel; solid waste disposal operation, incinerator and salvage yard; veterinarian facility, animal hospital; public and semipublic uses; construction yard, bait production, farm machinery sales and recreational vehicle sales; stockyard; saw mill of a commercial nature permanently fixed to the ground.

(e)

Minimum lot area. One acre.

(f)

Minimum width. Two hundred feet.

(g)

Minimum depth. Two hundred feet.

(h)

Minimum yards:

(1)

Front. Thirty feet, except for farm buildings which may be built at the existing setback, but not less than 20 feet from the right-of-way, and except for irrigation facilities which may be built at the right-of-way.

(2)

Rear. Fifty feet.

(3)

Side. Fifty feet.

(i)

Maximum building height for dwellings and signs. Three stories or 35 feet.

(Prior Code, § 17.32(5)(e))

(a)

Purpose. To identify a primary agriculture economy, preserving land for food and fiber production and preventing conflicts between incompatible uses.

(b)

Principal uses.

(1)

Agricultural uses, as defined in Wis. Stats. § 91.01(2), including: beekeeping; commercial feedlots, dairying, egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming and vegetable raising.

(2)

The only residences allowed as permitted uses are those to be occupied by a person who, or of a family at least one member which, earns a substantial part of his livelihood from farm operations on the parcel, or is a parent or child of the operator of the farm. Preexisting residences located in areas subject to zoning under this district which do not conform to this subsection may be continued in residential use. Such preexisting residences may be altered, repaired or rebuilt if destroyed, but are subject to setback, height and other dimensional requirements. Farm dwellings and related structures which remain after farm consolidation may be separated from the farm lot. Gas and electric utility uses not requiring authorization under Wis. Stats. § 196.491. Roadside stand used solely for the sale of products grown or produced on the premises. No structure or improvement may be built on the land unless consistent with agricultural uses.

(c)

Conditional uses.

(1)

Agricultural related, religious, other utility uses which are not permitted uses, institutional or governmental uses which do not conflict with agricultural use and are found necessary in light of alternative locations available for such uses. Single-family dwellings exceeding one per farm operation for occupancy by a person or family earning a substantial part of livelihood from the farm operation.

(2)

Household occupations and professional home offices conducted within and accessory to permitted agriculture residence.

(d)

Minimum lot area. Thirty-five acres, except as provided. The minimum lot size to establish a separate parcel for an additional residence for persons earning a substantial part of their livelihood from the farm operation or parents or children of the farm operator shall be one acre. The minimum lot size for farm residences or structures existing before adoption of the ordinance from which this division is derived and which are separated from a larger parcel through farm consolidation shall be one acre.

(e)

Minimum width. Two hundred feet.

(f)

Minimum depth. Two hundred feet.

(g)

Minimum yards:

(1)

Front. Thirty feet, except for farm buildings which may be built at the existing setback but not less than 20 feet from the right-of-way and except for irrigation facilities which may be built at the right-of-way.

(2)

Rear. Seventy-five feet.

(3)

Side. Fifty feet combined.

(h)

Maximum building height for dwellings and signs. Three stories or 35 feet.

(Prior Code, § 17.32(5)(f))