The city is divided into 21 zoning districts and two zoning overlay districts as follows and as shown in the table schedule of use regulations and on the zoning map:

(Prior Code, § 17.06(1))

(a)

Changes to district boundaries. If, in accordance with the provisions of this article, changes are made in district boundaries on the zoning map, such changes shall be made on the zoning map promptly after the amendment has been approved by the city council. The administrator shall make such changes and a description of the changes shall be attached to the city zoning regulations.

(b)

Interpretation of district boundaries. When uncertainty exists with respect to the boundaries of any districts as shown on the zoning map, the following rules shall apply:

(1)

Lot lines. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed as such boundaries.

(2)

Street centerlines. Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be boundaries.

(3)

Water bodies and railroad rights-of-way. Where the boundary of a district follows a water body or railroad line, the boundary shall be deemed to be located midway between the shores of the water body or the main tracks of the railroad line.

(4)

Lot divisions. Where a district boundary divides a lot which was in single ownership at the time of enactment of this article, the use authorized thereon and the other district requirement applying to the most restricted portion of the lot under this article shall be construed as extending to the entire lot except when the administrator defines the boundary by dimension in writing upon request by the owner. This provision shall not pertain to floodplain overlay districts.

(5)

Vacations. Whenever any street, alley or other public way is vacated by official action, the zoning district adjoining such public way shall be extended automatically to include all land attached by reversion to the centerline thereof, and it shall be subject to all regulations of the extended district.

(6)

Administrative interpretations. Where physical or cultural features existing on the ground are at variance with those shown on the zoning map, or where due to scale, lack of detail or illegibility there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries or in other circumstances not covered above, the administrator shall interpret the district boundaries.

(Prior Code, § 17.06(2), (3))

All land annexed to the city shall automatically become "A" Agriculture District, unless otherwise recommended by the commission and the city council as a part of the annexation proceedings, until definite boundaries and regulations for such territory are recommended by the plan commission and adopted by the city council.

(Prior Code, § 17.06(4))

(a)

Types of development. All development within the city and extraterritorial area, except as specified, shall be undertaken in accordance with the terms of this article and only after a development permit is issued, if required. There shall be three types of development:

(1)

General development. Development for which a permit will be granted as a right on compliance with the terms of this article, hereinafter called general development.

(2)

Conditional development. Development for which a development permit will be granted only after exercise of discretion in accordance with the criteria of this article.

(3)

Exempt development. Development which is exempt from the regulations of this article, as defined.

(b)

Development defined. Except where the context otherwise requires, and in absence of a more limiting provision in this article, the term "development" means the performance of any building or the making of any material change in the use or appearance of any structure or land. The following activities or uses shall be taken to involve development unless expressly excluded by this article:

(1)

A change in type of use of a structure or land, or a change from one use group to another group so designated in this article.

(2)

A reconstruction, or alteration of the size, or material change in the external appearance, or a structure or land.

(3)

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

(4)

Commencement of excavation on a parcel of land.

(5)

Demolition or moving of a structure or removal of trees required by this article or by the subdivision regulations of the city.

(6)

Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land.

(7)

In connection with the use of land, the making of any material change in noise levels, thermal conditions, emissions of waste material, or other objectionable element.

(8)

Commencement or change in the location of street graphics or use of land, and the commencement or change in location of advertising on the external part of a structure.

(9)

Alteration of a shore, bank, or floodplain of a river, creek, lake, pond, or artificial body of water.

(10)

Reestablishment of a nonconforming or conditional use which has not been utilized for one year.

(11)

Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of this article granting the development permission under which the development was commenced or is continued.

(12)

Earth fill or other filling activities for the purpose of raising the elevation of a lot or site for the purpose of future development.

(c)

Exempt activities. The following operations or uses do not constitute development for the purposes of this article.

(1)

The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way.

(2)

Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal, or construction on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like.

(3)

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or decoration of the exterior of the structure (but does not otherwise materially affect the external appearance of the structure).

(4)

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling.

(5)

The use of any lands for the purpose of growing plants, crops, trees, and other agricultural or forestry products or for other agricultural purposes except the growing or storage of livestock.

(6)

A change in use of land or structure from a use within a use group specified in this article to another use in the same group.

(7)

Official public information street graphics installed by or at the direction of the city, the town, the county or state.

(Prior Code, § 17.04)

Every principal structure or building erected shall be located on a lot, as herein defined and in no case shall there by more than one principal building on one lot except:

(1)

Planned unit developments.

(2)

Multifamily buildings and institutional buildings developed as a group.

(3)

Industrial and commercial buildings where it can be demonstrated to the satisfaction of the zoning administrator that any principal building can be subsequently detached with a lot and yards conforming to the requirements of this article.

(4)

Temporary buildings for a period of less than six months.

(5)

Manufactured home parks.

(Prior Code, § 17.05(1))

Accessory uses may be allowed where they comply with the following conditions and requirements:

(1)

Size of accessory structures in residential districts. Accessory structures in residential districts may not occupy more than ten percent of a yard area. In no instance shall the accessory structure exceed the ground floor area of the main building used for residence. The measurement of accessory structure size shall include the total of all detached or attached accessory buildings on the lot. The total area of accessory structures on a single lot in residential districts under one-half acre in size shall not exceed 860 square feet in area. The total area of accessory structures on a single lot in residential districts over one-half acre in size may not exceed 960 square feet. A conditional use permit may be issued for accessory buildings of up to three percent of the total parcel area.

(2)

Separation from principal structures. Detached accessory buildings shall be distanced at least ten feet from the principal structure situated on the same lot or adjacent lot for fire protective reasons. A variance may be granted for less, provided preventive measures are taken; i.e. five-eighths-inch type X fire rated sheet rock or equal fire separation. In no case may an accessory building be located less than five feet from any structure.

(3)

Accessory structures in front yards limited. No attached or detached accessory use or accessory structure shall be permitted nearer to the front lot line than legal front yard setback in the zoning district for the principal structure or the average setback of the principal structures on lots immediately adjoining the lot on the same side of the street, whichever distance is less. In no case may an accessory structure be located closer to a front lot line than the principal structure.

(4)

Accessory structure side and rear setbacks. All accessory structures shall be set back at least five feet from all interior lot lines. If the accessory structure is built in the side yard, it shall conform to the setback requirements for the main building. In those instances, where the rear lot line in conterminous with an alley right-of-way, the accessory building shall not be closer than ten feet to such rear lot line.

(5)

Accessory structure setbacks on corner lots. The average setback of the four, or less, nearest buildings may be used to determine the side street setback of an accessory building on a corner lot, but no case shall the reduced setback be less than 20 feet nor more than 50 feet. In no case may an accessory structure be located in the vision triangle as defined in section 17-119.

(6)

Accessory structure height. No accessory structure shall exceed 20 feet in height.

(7)

Accessory structures attached to principal buildings. When an accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this article applicable to main buildings.

(8)

Conversion of accessory structures to dwellings limited. The conversion of any accessory structure into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this article, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking.

(9)

Accessory structures without principal structure. No accessory structure shall be erected or constructed prior to the erection or construction of the principal structure.

(Prior Code, § 17.05(2))

Building, construction trailers, equipment, and materials used in conjunction with construction work shall be removed upon completion of the construction work and issuance of a certificate of occupancy.

(Prior Code, § 17.05(3))

(a)

Minimum lot size. Every building and use of land shall have a lot area and width of not less than that required for the district; provided, however, that such lot requirements shall not apply to a lot smaller than of this Code.

(b)

Lot size and minimum yard dimensions. No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make the area or dimension less than the minimum required by this article.

(c)

Division of lots. No lot improved with a building or buildings shall hereafter be divided into two or more lots and no portion of any lot that is improved with a building or buildings shall be sold, unless all lots resulting from each division or sale and improved with a building or buildings shall conform with all of the area and bulk regulations of the district in which the building is located.

(d)

Street frontage required. Except as permitted by other provisions of this article, no lot shall contain any building used in whole, or in part, for residential purposes unless such lot abuts for at least 50 feet on a public street.

(e)

Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the zoning administrator may authorize a reduction of the otherwise specified lot frontage in residential districts, provided that the lot width measured in the building line shall equal the frontage required in the district where located.

(f)

Double frontage lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of the required rear yard; applicable front yards must be provided, however, on both streets.

(g)

Average depth of front yards. In any residential district or the B-1 downtown business district where the average depth of existing front yards on the two lots nearest to the lot in question, on the same side of the street and within the same block front, is less than the least front yard depth prescribed elsewhere in this article, the required depth of the front yard on such lot may be modified to be not less than the average depth of the existing front yards; provided, however, that in a residential district the depth of the minimum front yard on any lot shall be at least 15 feet and the minimum setback for an attached or detached garage facing the street side yard, shall be 20 feet.

(h)

Nonresidential special front setback. Whenever a nonresidential use will abut a residential use at a side yard or at a rear yard on a corner lot, the nonresidential use shall have a front yard setback equal to the existing adjoining residential setback or three-fourths of the required front yard setback for the adjoining residential district, whichever is less.

(i)

Additional side yards by height. Required side yards shall be increased in width two feet for each five feet that a building exceeds 20 feet in height, except that side yards for nonresidential uses in residential districts or abutting a residential district shall be increased in width three feet for each five feet that a building exceeds 20 feet in height. Height exceptions listed elsewhere in this article shall be excluded from this requirement.

(j)

Nonresidential side yards. The side yard of a nonresidential lot adjoining a residential district along its side lot line shall meet the side yard requirements of the adjoining residential district.

(k)

Corner lots. Corner lots shall maintain a side yard on all public streets that is the same as the required front yard setback, unless otherwise required in this article.

(l)

Rear yards adjoining residences. The rear yard requirements of a nonresidential use adjoining a residential district shall be increased over the rear yard requirements of the district in which the development occurs by one foot for each five feet in height that a building exceeds 20 feet in height.

(m)

Projections into yards in residential districts. Cornices, eaves, bay windows, chimneys or other architectural features may project into any required yard or court a distance of not more than two feet six inches. Carports and fire escapes shall meet the setback and yard requirements of the district

(n)

Open decks. Open decks (without a roof or enclosure) may not exceed one-half the distance of the required front, side and rear yard setbacks for the zoning classification of the property.

(Prior Code, § 17.05(10))

(a)

Height requirement exceptions for certain building appurtenances. The height limitations of this article shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor to chimneys, ventilators, sky-lights, towers, water tanks, similar features, and necessary mechanical appurtenances usually carried above the roof level. The provisions of this article shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Such features, however, shall be erected only to such height and is necessary to accomplish the purpose they are to serve and subject to the state building code.

(b)

Height exceptions for certain public buildings and institutions. Public and semipublic hospitals, institutions, schools, or public utility and service buildings, when permitted in a residential district, may be erected to a height not exceeding 75 feet, provided such specified buildings shall be set back from the front, rear and side lot lines on the ratio two feet for every one foot of building height greater than 40 feet. Such specified requirements, however, shall apply in addition to the other requirements for building line setbacks and for rear and side yards specifically set forth in this article.

(c)

Conditional use exceptions to the height limitations. The commission may grant exceptions to the height limitations for a new structure or may set the maximum height of a structure on an individual lot as a conditional use and may set special requirements as part of the approval under the terms and conditions of this article.

(Prior Code, § 17.05(11))

All developments and lots shall follow the city stormwater ordinance, chapter 26.

(Prior Code, § 17.05(12))

(a)

Home occupations defined. Any occupation for gain or support conducted within a single dwelling unit or in a building accessory to a dwelling unit by the person maintaining a dwelling therein, provided that the specified use is incidental to the residential use. Not more than one nonresident person shall be employed in the home occupation.

(b)

Certain home occupations allowed in all districts without permits. Home occupations are allowed in all residences in all districts with permits issued by the zoning administrator providing the following requirements are met:

(1)

No article is sold or offered for sale on the premises; samples and goods may be kept, but not sold on the premises.

(2)

No exterior storage of equipment or materials is used in connection with the home occupation.

(3)

Portions of a dwelling used for home occupations shall be no more than one-fourth of the area of the total area of the principal structure.

(4)

No structural alterations or construction involving features not customarily found in dwellings are required.

(5)

Home occupations shall not involve the repair of vehicles, or motors or construction of equipment and machinery.

(6)

Signs advertising name and occupation not to exceed two square feet located on the premises will be permitted.

(7)

There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the home occupation.

(8)

Classes held on the premises shall have no more than four students at any given time.

(9)

No employees other than residents of the premises shall be permitted.

(10)

No home occupation shall be permitted that results in the need for more than two parking spaces at any given time in addition to spaces required by the occupant of the home.

(c)

Home occupations as conditional uses. Home occupations exceeding the standards set forth above in subsection (b) of this section may be permitted as conditional uses, subject to the terms and conditions of this article.

(Prior Code, § 17.05(13))

(a)

Side setbacks. Driveways shall have at least a three-foot maintenance setback from all side property lines, except where driveways are shared between two or more property owners.

(b)

Public street intersection setbacks. Driveway curb cuts shall be setback at least 30 feet from the nearest intersection of a public street or alley.

(c)

Surface. Driveways shall be constructed with a durable surface such as concrete, asphalt, compacted gravel, or comparable material.

(d)

Time of construction. Driveways shall be constructed prior to occupancy.

(e)

Curb cuts. A taper or radius is required at every location of a driveway or sidewalk cut.

(Prior Code, § 17.05(14))

(a)

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

Fence means a structure, which is a barrier or is used as a boundary or means of protection or confinement.

Fence, decorative, means a fence, including gates, which are more than 75 percent open and less than three feet in height, such as a split rail fence used for ornamental purposes. For the purpose of this article, chain link fences are not considered to be ornamental fencing.

Fence, solid, means a fence, including gates, which conceals from view adjoining properties, streets or alleys, activities conducted behind the fence.

Height means the height of a fence shall be determined by measuring the vertical distance from grade to the top of each section of fence.

(b)

All fences constructed or placed upon lots or parcels of land in the city shall comply with the following:

(1)

Residential fencing:

a.

Fences having a height of six feet or less may be located on interior lot lines within the required side and rear yard areas in residential districts.

b.

Fences located in front yards may not exceed four feet in height.

c.

Fences located in the street side yards shall not exceed four feet in height beyond the setback line in any residentially zoned district.

d.

Decorative capping of posts or fences more than 75 percent open will be permitted to a height of 18 inches above the required fence height.

(2)

Business/industrial fencing:

a.

Fences may be located in all yards in commercial and industrial districts. The plan commission prior to the issuance of a building permit shall approve fences located in the front yard.

b.

Fences installed in commercial and industrial districts shall not exceed eight feet in height, except when required to enclose outside storage areas as required by the plan commission.

c.

Fencing may be constructed to screen areas and shall comply with article VIII of this chapter.

d.

Barbed wire may be allowed in the top of fences exceeding eight feet in height.

(3)

Agricultural fencing. Fencing shall be permitted in all yards in agricultural districts and in all yards in legal nonconforming agricultural districts. Fencing shall be permitted in front yards only for the enclosure of cultivated fields, pastures or animal pens.

(c)

Construction and installation of fencing in all districts:

(1)

No fencing may be constructed within the city without first obtaining building permit. (Except no permit shall be required for decorative fencing.)

(2)

Prohibited fencing materials. Fences shall not be constructed with, or consist of, rope, string, wire products, including, but not limited to, chicken wire, hog wire, wire fabric, barbed wire (except as allowed in other sections of this Code), razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels or any other materials that are not manufactured specifically as fencing materials.

(3)

Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property or street.

(4)

Snow fencing will only be permitted between November 15 and April 15 of each year. (No permit shall be required.)

(5)

All fences shall be maintained and in good repair and in a structurally sound condition. No fences shall be constructed and maintained which is detrimental to human life or safety or cause a traffic hazard. All fences shall be constructed and maintained straight, plumb and of an even height along its length, except for such deviations as required by grade.

(6)

No advertising or signs shall be placed on any fence without prior approval of the plan commission.

(Prior Code, § 17.05(15); Ord. No. 1042, § 1, 9-10-2025)

On a corner lot in R, B-2, B-3, B-4, or M zone nothing shall be erected, placed, or allowed to grow which materially impedes vision between 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of the corner lot and line joining points along such street lines 30 feet from the point of the intersection.

(Prior Code, § 17.05(16))

Zero lot line housing may be allowed upon compliance with the following conditions and requirements.

(1)

Dwelling must have been constructed after January 1, 2003, and meet all applicable building code requirements.

(2)

Each one-family residence minimum lot size shall be 5,000 square feet.

(3)

Each one-family lot width shall be at least 45 feet.

(4)

All additional applicable district zoning requirements shall be met.

(5)

An appropriate document shall be submitted to the city building inspector and filed with the register of deeds, providing for maintenance of common areas and facilities and resolution of disputes with respect to the maintenance of the entire structure and grounds. The document to be signed, recorded and run with the land.

(Prior Code, § 17.05(17))

The council finds that, due to their nature, the existence of adult bookstores and adult cabarets in the city has serious objectionable operational characteristics, such as an effect upon property values, local commerce and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated, they should not be permitted to be located in close proximity to each other. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These standards are designed to protect the city's retail trade, maintain property values, prevent crime, and, in general, protect and preserve the quality of the city's neighborhoods, commercial districts and the quality of urban life.

(Prior Code, § 17.05(18))

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 § 332, minimize the adverse visual impact of towers and antennas, and provide for the safety of the adjacent property owners and general public in compliance with Wis. Stats. § 66.0404.

(Prior Code, § 17.05(4)(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, § 17.05(4)(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 building 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 building permit. Towers, and antennas other than dishes, shall conform with the yard setback restrictions for principal buildings for the given zoning district.

(c)

In a residential zone, no tower or antenna with a height more than 50 feet shall be erected. A conditional use permit may be issued for towers of up to 75 feet.

(d)

Only one tower shall exist on a residential parcel at any one time.

(Prior Code, § 17.05(5))

(a)

In business, manufacturing, civic use, and agricultural zones:

(1)

Maximum tower height is 150 feet.

(2)

Towers and antennas with a height not more than 50 feet shall be a permitted use (no building permit required).

(3)

Towers or tower/antenna combinations with a height between 50 feet and 75 feet are a permitted use, but a city building permit shall be obtained prior to erection.

(4)

Towers with a height in excess of 75 feet are a conditional use. If a conditional use is issued for a tower with a height in excess of 75 feet, any attached antennas may project an additional 30 feet above the tower height specified in the conditional use.

(b)

A request for a communication tower with a height in excess of 150 feet shall be considered a variance request, and shall be referred to the board of appeals.

(c)

Building permit requirements:

(1)

Any tower/antenna with a height more than 50 feet shall require a city building permit.

(2)

Any approvals required by the FAA or FCC shall be obtained prior to requesting a conditional use or variance from the city. State department of commerce approval shall be obtained prior to the issuance of a city building permit.

(3)

Any building or shed placed or constructed on the same parcel a tower/antenna shall require a city building permit, regardless of the height of the tower/antenna or the size of the building or shed.

(d)

Setback requirements:

(1)

If a tower/antenna combination is located on a lot which is adjacent to a residential zone, the tower or tower/antenna shall be set back from the property line a 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 zone, the tower or tower/antenna shall be set back from the property line 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 may include the width of the right-of-way in the setback calculations required by this section.

(Prior Code, § 17.05(6))

(a)

Visual obtrusiveness. Towers shall be gray 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 government 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 at least 25 feet from the nearest property line. Any tower with a height over 50 feet shall be self-supporting.

(c)

Fencing. A tower with a height over 50 feet shall be enclosed by security fencing not less than six feet in height, and secured so that it is not accessible by the general public.

(d)

Compliance with National Electrical Code. Antenna installations shall comply with National Electrical Code ch. 810. Signal distribution systems shall comply with National Electrical Code ch. 820.

(e)

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

(f)

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, a city building permit shall be obtained for each additional antenna installation.

(Prior Code, § 17.05(7))

(a)

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 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.

(b)

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, § 17.05(8))

No person in control of property shall allow a tree or shrub to be placed or grow as to cast a shadow between the hours of 9:00 a.m. and 3:00 p.m. upon a solar collector energy system capable of generating more than one million British thermal units per year, and that supplies a part of the energy requirements for improvements on the property where the solar energy system is permanently located. The provisions of this section shall not require the removal of existing vegetation.

(Prior Code, § 17.05(9))

The city's residential districts are established to accomplish the following purposes:

(1)

To preserve existing living qualities of residential neighborhoods.

(2)

To prevent additions or alterations of structures that would damage the character of desirability of existing residential areas.

(3)

To ensure future high quality amenities including, but not limited to, provision of adequate light, air, privacy, and convenience of access to the property of existing and new residential areas.

(4)

To increase convenience and comfort by providing usable open space and recreational space on the same lot as the housing units they serve.

(Prior Code, § 17.07(1))

(a)

Intent. The R-1 Single-Family District with public sewer is intended to provide for the single-family home (10,000 square foot minimum lot size).

(b)

Permitted uses:

(1)

Single-family residences.

(2)

Accessory structures.

(3)

Essential services.

(4)

Public parks.

(5)

Home occupations.

(c)

Conditional uses:

(1)

Cemeteries.

(2)

CBRFs.

(3)

Family/group day care centers.

(4)

Bed and breakfasts.

(5)

Tourist homes.

(d)

Minimum lot size: single-family residences; 10,000 square feet.

(e)

Minimum lot width: dwellings; 90 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: dwelling/main building; 35 feet accessory structures: 20 feet.

(h)

Maximum percent of building lot coverage; dwelling/main building 30 percent accessory structures ten percent.

(i)

Minimum building dimensions: Minimum dimension of any principal building that is constructed, erected, placed or located on the lot shall not be less than 26 feet. The minimum square footage shall not be less than 1000 square feet.

(j)

Garage requirement: Two car garage (480 square feet), attached, for homes with at least 1,200 square feet living space and one car garage (240 square feet), attached, for homes with less than 1,200 square feet living space.

(Prior Code, § 17.07(2); Ord. No. 1003, § 1, 6-15-2022)

(a)

Intent. The R-2 Two-Family District is intended to create, preserve and enhance areas for duplex housing only, served by public sewer.

(b)

Permitted uses: two-family residences.

(1)

Accessory structures.

(2)

Home occupations.

(3)

Essential services.

(4)

Public parks.

(c)

Minimum lot size: two-family residence; 11,000 square feet.

(d)

Minimum lot width: two-family residence; 90 feet.

(e)

Minimum yard setbacks:

(f)

Maximum height:

(g)

Maximum percent of building lot coverage:

(h)

Minimum building dimensions: Minimum dimension of any principal building that is constructed, erected, placed or located on the lot shall not be less than 30 feet. The minimum square footage shall not be less than 1200 square feet.

(i)

Garage requirement: Two car garages (480 square feet), attached, per unit.

(Prior Code, § 17.07(3))

(a)

Intent. The R-3 Multiple-Family District is intended to create, preserve, and provide areas for medium density residential development served by public sewers.

(b)

Permitted uses. Multiple-family residences accessory structures.

(1)

Essential services.

(2)

Home occupation.

(c)

Conditional uses: Accessory structures over 1100 square feet.

(1)

CBRFs.

(2)

Family/group day care centers.

(3)

Medical centers.

(4)

Nursing homes.

(5)

Rehabilitation centers.

(d)

Minimum lot size: 10,000 square feet for the first three units and 2,000 square feet for every additional unit.

(e)

Minimum lot width: 90 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height:

(h)

Maximum percent of building lot coverage:

(i)

Minimum floor area per unit:

(Prior Code, § 17.07(4))

(a)

Intent. The R-4 Single-Family District is intended to create, preserve and enhance areas for low density single-family homes without public sewer.

(b)

Permitted uses:

(1)

Single-family residences.

(2)

Accessory structures.

(3)

Essential services.

(4)

Public parks.

(c)

Conditional uses:

(1)

Cemeteries.

(2)

Places of worship.

(3)

Bed and breakfast.

(4)

Home occupation.

(5)

Tourist home.

(d)

Minimum lot size: single-family residences; 1.5 acres.

(e)

Minimum lot width:

(1)

Single-family residence; 90 feet.

(2)

Two-family residence; 100 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height:

(h)

Minimum building dimensions: Minimum dimension of any principal building that is constructed, erected, placed or located on the lot shall not be less than 26 feet. The minimum square footage shall not be less than 1000 square feet.

(Prior Code, § 17.07(5); Ord. No. 1003, § 1, 6-15-2022)

(a)

Intent. The R-5 Mobile/Manufactured Home District is intended to create, preserve and enhance existing areas and planned areas for mobile/manufactured homes.

(b)

Permitted uses:

(1)

Single-family mobile or manufactured residences.

(2)

Accessory structures.

(3)

Essential services.

(4)

Public parks.

(c)

Conditional uses: Accessory structures over 960 square feet.

(d)

Minimum lot size: single-family mobile/manufactured residences: 6,000 square feet.

(e)

Minimum lot width: single-family mobile/manufactured residences: 50 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height:

(h)

Minimum park lot size ten acres:

(i)

Other provisions:

(1)

A minimum setback of 40 feet from all other exterior lot lines.

(2)

The parks shall conform to the requirements of Wis. Admin. Code § HSS177.

(3)

No mobile/manufactured home site shall be rented for a period of less than 30 days.

(4)

There shall be two off-street auto parking spaces for each mobile/manufactured home.

(5)

All roads shall be surfaced with blacktop, seal coat or concrete.

(6)

No mobile/manufactured home sales office or other business or commercial use shall be located on the mobile/manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment, storage and one office are permitted.

(7)

Each mobile/manufactured home shall be placed upon a washed rock or hard surface pad or foundation with six tie down anchors.

(8)

All mobile/manufactured homes shall have tie downs with provisions for distributing the load of these tie downs and provisions for the attachment to ground anchors so as to resist wind overturning and sliding. Each tie down shall be designed to resist an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50 percent overload without failure. Unless the tie down system is designed by a registered professional engineer or architect, tie downs shall be placed not more than 24 feet on centers beginning from the front wall (first stud or first cross member). Not more than six feet open end spacing shall be permitted at the rear wall of the mobile/manufactured home.

(9)

At least one acre plus one additional acre for each 50 or fraction thereof sites, exceeding the first 50, shall be designated as the recreation area, with play equipment furnished and maintained by the park owner.

(Prior Code, § 17.07(6))

(a)

Intent. The R-6 Existing District with public sewer is intended to preserve and enhance existing older residential areas of the city prior to January 1, 2003. The R-6 zoning district cannot be used to rezone any land that was vacant at the time this division was adopted.

(b)

Permitted uses:

(1)

Single-family residences.

(2)

Accessory structures.

(3)

Essential services.

(4)

Public parks.

(5)

Home occupations.

(c)

Conditional uses:

(1)

Two-family residences.

(2)

Private club or lodge.

(3)

CBRFs.

(4)

Cemeteries.

(5)

Family/group day care centers.

(6)

Bed and breakfast.

(7)

Tourist home.

(d)

Minimum lot size: single-family residences; 6,000 square feet.

(e)

Minimum lot width; 50 feet of frontage.

(f)

Minimum yard setbacks:

(g)

Maximum height:

(h)

Maximum percent of building lot coverage:

(i)

Minimum building dimensions: Minimum dimension of any principal building that is constructed, erected, placed or located on the lot shall not be less than 20 feet. The minimum square footage shall not be less than 720 square feet.

(Prior Code, § 17.07(7); Ord. No. 1003, § 1, 6-15-2022)

Outside storage prohibited. The business districts are established to accomplish the following purposes:

(1)

To group compatible business uses that will tend to draw trade that is mutually interchangeable and so promote business prosperity and public convenience.

(2)

To encourage master plan and development of business districts with adequate parking and loading, pedestrian circulation, and amenities

No outside storage allowed in a business district unless otherwise noted.

(Prior Code, § 17.08(1))

(a)

Intent. The intent of the B-1 Downtown Business District is to provide a district that encourages and fosters the further development of the downtown business district core area. The district requirements recognize the unique characteristics of the downtown business district that differs from other business districts in the city. The intent of the requirements is to retain the existing Main Street characteristics of the core blocks on Water Street.

(b)

Permitted uses:

(1)

Antique store.

(2)

Appliance store.

(3)

Automotive service and repair.

(4)

Bakery.

(5)

Bank.

(6)

Bar and tavern.

(7)

Barber and hair stylist.

(8)

Business services.

(9)

Counseling services.

(10)

City hall.

(11)

Civic uses.

(12)

Clubs and associations.

(13)

Convenience stores.

(14)

Co-op services.

(15)

Day care centers.

(16)

Discount store.

(17)

Drug store.

(18)

Employment agency.

(19)

Fire department.

(20)

Gift store.

(21)

Greeting card store.

(22)

Grocery store.

(23)

Hearing aid sales and service.

(24)

Home furnishings.

(25)

Insurance office.

(26)

Laundromat.

(27)

Library.

(28)

Locksmith.

(29)

Medical clinic and hospital.

(30)

Movie theater.

(31)

Music store.

(32)

Office supply store.

(33)

Parking.

(34)

Parks.

(35)

Personal services.

(36)

Picture frame shop.

(37)

Places of worship.

(38)

Police department.

(39)

Post office.

(40)

Professional offices.

(41)

Radio station studio, not including radio tower over 50 feet.

(42)

Real estate title insurance.

(43)

Realty services.

(44)

Repair shops.

(45)

Residential use above street level.

(46)

Restaurants.

(47)

Retail trade.

(48)

Secondhand store.

(49)

Shoe store.

(50)

Soap and lotion sales and manufacture.

(51)

Sporting goods store.

(52)

Studio.

(53)

Tire store.

(54)

Travel agency.

(55)

Vacuum sales and service.

(56)

Essential service structure.

(c)

Conditional uses:

(1)

Amusement and recreation services.

(2)

Automotive sales.

(3)

Bed and breakfasts.

(4)

Funeral homes and mortuaries.

(5)

Mini-storage.

(6)

Tourist home.

(d)

Minimum lot size: 4,000 square feet.

(e)

Minimum lot width: 20 feet.

(f)

Minimum yard setbacks:

(1)

Front yard: none.

(2)

Rear yard: none.

(3)

Side yard: none.

(g)

Maximum height: 45 feet.

(Prior Code, § 17.08(2); Ord. No. 1003, § 1, 6-15-2022)

(a)

Intent. The intent of the B-2 Highway Business District is to provide a district for a broad range of business uses located along the major roadways in the city.

(b)

Permitted uses:

(1)

Amusement and recreation services.

(2)

Automobile service station.

(3)

Business services.

(4)

Clubs and organizations.

(5)

Convenience stores.

(6)

Day care centers.

(7)

Garden supplies.

(8)

Hobby shop.

(9)

Hotels and motels.

(10)

Manufacturing in enclosed building (no outside storage).

(11)

Parking.

(12)

Parks.

(13)

Professional services.

(14)

Professional offices.

(15)

Recreational facilities (indoor).

(16)

Restaurants.

(17)

Retail trade.

(18)

Veterinary hospital and clinic.

(19)

Essential service facilities.

(c)

Conditional uses:

(1)

Automobile body shop.

(2)

Agricultural services.

(3)

Day care center.

(4)

CBRFs.

(5)

Contractors; building construction (no outside storage).

(6)

Green house; floral shop.

(7)

Junkyard.

(8)

Lumberyard.

(9)

Medical centers.

(10)

Nursing homes.

(11)

Outside tavern premises.

(12)

Rehabilitation centers.

(13)

Tool and machine shop.

(14)

Tourist homes.

(15)

Utility facilities.

(16)

Warehousing/storage.

(17)

Bed and breakfast.

(d)

Minimum lot size: 10,000 square feet.

(e)

Minimum lot width: 70 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: 45 feet.

(Prior Code, § 17.08(3); Ord. No. 1003, § 1, 6-15-2022)

(a)

Intent. The intent of the B-3 Interchange District is to provide a district that recognizes the unique characteristics of being located at an interstate highway interchange.

(b)

Permitted uses:

(1)

Amusement and recreation services.

(2)

Automobile service station.

(3)

Automobile sales or rental establishment.

(4)

Boat sales or rental establishment.

(5)

Business services.

(6)

Car wash.

(7)

Convenience stores.

(8)

Garden supplies.

(9)

Hotels and motels.

(10)

Manufacturing in enclosed building (no outside storage).

(11)

Outdoor amusements (such as a mini golf course).

(12)

Parking.

(13)

Planned commercial development group.

(14)

Professional services.

(15)

Professional and government offices.

(16)

Recreational facilities (indoor).

(17)

Restaurants.

(18)

Retail trade.

(19)

Essential service facilities.

(c)

Conditional uses:

(1)

Contractors; building construction (no outside storage).

(2)

Storage on-premises outside enclosed building.

(d)

Minimum lot size: 21,780, square feet.

(e)

Minimum lot width: 70 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: 60 feet.

(Prior Code, § 17.08(4))

(a)

Intent. The intent of the B-4 Rural Business District is to provide a district for a broad range of business uses located along the major roadways and not requiring central sewer.

(b)

Principal uses:

(1)

Amusement and recreation services.

(2)

Business services.

(3)

Automobile service station.

(4)

Cemetery.

(5)

Churches.

(6)

Civic uses.

(7)

Clubs and organizations.

(8)

Convenience stores.

(9)

County and town garages.

(10)

Day care centers.

(11)

Educational/vocational facilities.

(12)

Garden supplies.

(13)

Hotels and motels.

(14)

Manufacturing in enclosed building with no outside storage.

(15)

New and used store.

(16)

Parking.

(17)

Parks.

(18)

Professional services.

(19)

Professional and government offices.

(20)

Indoor recreational facilities.

(21)

Restaurants.

(22)

Retail trade schools.

(23)

Veterinary hospital and clinics.

(c)

Conditional uses:

(1)

Animal shelter.

(2)

Auto body repair.

(3)

Auto salvage.

(4)

Bed and breakfast.

(5)

Contractor yard.

(6)

Farm machinery repair.

(7)

Junkyard.

(8)

Mini-warehouse.

(9)

Mobile/manufactured home park.

(10)

Well drilling yard and offices.

(d)

Accessory uses:

(1)

Accessory use or structure.

(2)

Essential services.

(3)

Home occupation.

(4)

Parking garage.

(5)

Parking area.

(e)

Minimum lot area: 6,000 square feet for each mobile/manufactured home in a mobile/manufactured home park. All other uses; one acre.

(f)

Minimum yards:

(g)

Maximum building height:

(Prior Code, § 17.08(5))

The manufacturing/industrial districts are established to accomplish the following purposes:

(1)

To provide for manufacturing, wholesaling, warehousing, and other industrial activities in locations accessible to rail and highways, so that the movement of raw materials, finished products, and employees can be carried on efficiently and with a minimum of danger to life and property.

(2)

To realize proper standards of performance which will restrict obnoxious activities and encourage activities that will not affect lives of people living and working nearby.

(3)

To promote stability of manufacturing uses.

(4)

To provide room for industrial expansion in suitable locations so that employment opportunities will be preserved.

(Prior Code, § 17.09(1))

(a)

Intent. The M-1 Manufacturing District is intended to provide a location for non-nuisance manufacturing uses which may be located reasonably close to residential areas. No outside storage permitted.

(b)

Permitted uses:

(1)

Contractors; building construction.

(2)

Contractors; heavy construction.

(3)

Manufacturing; light.

(4)

Warehouses/mini-warehouses.

(5)

Wholesale trade.

(6)

Essential services.

(7)

Utility facilities.

(c)

Conditional uses:

(1)

Business services.

(2)

Repair shops.

(3)

Retail trade.

(4)

Freight terminals.

(5)

Storage on-premises outside enclosed building.

(d)

Minimum lot size: 30,000 square feet.

(e)

Minimum lot width: 150 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: 45 feet.

(Prior Code, § 17.09(2))

(a)

Intent. The M-2 Manufacturing District is intended to provide a location for non-nuisance manufacturing uses which may be located reasonably close to residential areas. Storage is allowed on-premises outside the enclosed building.

(b)

Permitted uses:

(1)

Contractor; building construction.

(2)

Contractors; heavy construction.

(3)

Government service maintenance building.

(4)

Manufacturing; light.

(5)

Warehouses/mini-warehouses.

(6)

Wholesale trade.

(7)

Essential services.

(8)

Public works yards.

(9)

Utility facilities.

(c)

Conditional uses:

(1)

Business services.

(2)

Repair shops.

(3)

Retail trade.

(4)

Freight terminals.

(5)

Manufacturing, heavy.

(d)

Minimum lot size: 30,000 square feet.

(e)

Minimum lot width: 150 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: 45 feet.

(Prior Code, § 17.09(3))

(a)

Intent. The M-3 Manufacturing—Business Park District is intended for use as industrial parks with a detailed master plan and development standards.

(b)

Permitted uses:

(1)

Automobile service station.

(2)

Beer distributor.

(3)

Business services.

(4)

Child care facility.

(5)

Contractors; building construction.

(6)

Contractors; heavy construction.

(7)

Dental office.

(8)

Eating and drinking establishments.

(9)

Essential services.

(10)

Government service maintenance building.

(11)

Hotel.

(12)

Manufacturing; light.

(13)

Medical centers/clinics.

(14)

Public works yards.

(15)

Professional/business school.

(16)

Repair shops.

(17)

Retail trade.

(18)

Utility facilities.

(19)

Warehouses.

(20)

Wholesale trade.

(c)

Conditional uses:

(1)

Archery range.

(2)

Mini-warehouses.

(3)

Freight terminals.

(4)

Outside storage.

(5)

Manufacturing; heavy.

(6)

Adult bookstores.

(7)

Adult cabarets.

(d)

Minimum lot size: 30,000 square feet.

(e)

Minimum lot width: 150 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: 50 feet.

(Prior Code, § 17.09(4))

(a)

Intent. The M-4 Manufacturing District is intended to provide a location for non-nuisance manufacturing uses which may be operated without public sewer.

(b)

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

(c)

Conditional uses: storage allowed on-premises outside enclosed building.

(d)

Accessory uses: accessory use or structure. Essential services; office; parking garage or parking area.

(e)

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

(f)

Minimum lot area: all uses; one acre.

(g)

Minimum lot width: 150 feet.

(h)

Minimum yards:

(i)

Maximum building height:

(Prior Code, § 17.09(5))

The special districts are established to provide protection to unique resources and features in the community that are not included within the other standard zoning classifications.

(Prior Code, § 17.10(1))

(a)

Intent. The intent of the CU Civic Use District is to provide a district that recognizes the unique characteristics of civic uses designed to serve the community.

(b)

Permitted uses:

(1)

Civic uses without outdoor storage including:

a.

Community center.

b.

Public library.

c.

Public art gallery.

d.

Public recreation.

e.

Post office.

f.

Fire station.

g.

Public botanical garden.

h.

Government buildings.

i.

Places of instruction.

j.

Places of worship.

(2)

Civic uses with screened outdoor storage:

a.

Community garage.

b.

Government service maintenance building.

c.

Public works yards.

(c)

Minimum lot size: 4,000 square feet.

(d)

Minimum lot width: 50 feet.

(e)

Minimum yard setbacks:

(f)

Maximum height: 60 feet.

(Prior Code, § 17.10(2))

(a)

Intent. The intent of the RR Railroad Operations District is to provide a district that recognizes the unique characteristics of a railroad and its related operations.

(b)

Permitted uses:

(1)

Railroad tracks.

(2)

Uses used to support the operations of the railroad.

(c)

Minimum lot size: one acre.

(d)

Minimum lot width: 66 feet.

(e)

Minimum yard setbacks:

(f)

Maximum height: 60 feet.

(Prior Code, § 17.10(3))

(a)

Purpose. The purpose of this district shall be to provide an area for general agriculture uses and to provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion, to provide periodic review to ensure development is consistent with local land use plans. Defer development until the appropriate governmental bodies determine that public services can be provided at a reasonable cost.

(b)

Principal uses:

(1)

Agriculture.

(2)

Horticulture.

(3)

Beekeeping.

(4)

Dairying.

(5)

Livestock raising.

(6)

Greenhouse.

(7)

Stable.

(8)

Truck farm.

(9)

Roadside stand for the sale of products grown or produced on the premises.

(10)

Single-family residence with additional dwellings if used by farm help.

(11)

Poultry farm housing 10,000 birds or less.

(c)

Accessory uses: essential services and household occupations.

(d)

Conditional uses:

(1)

Commercial raising of fish.

(2)

Poultry farm housing more than 10,000 birds.

(3)

Fur farm.

(4)

Mineral extraction and processing.

(5)

Campground.

(6)

Golf course.

(7)

Lawn mower repair.

(8)

Rifle range.

(9)

Race track and festival grounds.

(10)

Shoe repair.

(11)

Kennel.

(12)

Solid waste disposal operation.

(13)

Incinerator and salvage yard.

(14)

Veterinarian facility.

(15)

Construction yard.

(16)

Farm machinery sales and recreational vehicle sales.

(17)

Saw mill of a commercial nature permanently fixed to the ground.

(18)

Stockyard.

(e)

Minimum lot area: five acres.

(f)

Minimum width: 200 feet.

(g)

Minimum depth: 200 feet.

(h)

Minimum yards:

(1)

Front: 30 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: 50 feet.

(3)

Side: 50 feet.

(i)

Maximum building height for dwellings: three stories or 35 feet.

(Prior Code, § 17.10(4))

(a)

Purpose. To identify a primary agriculture economy, preserving land for food and fiber production and preventing conflict 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 of 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 are not required authorization under Wis. Stats. § 196.491. Roadside 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 uses 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 agricultural residence.

(d)

Minimum lot area: 30 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 1½ acres. The minimum lot size for farm residences or structures existing before adoption of this division and which are separated from a larger parcel through farm consolidation shall be 1½ acres.

(e)

Minimum width: 200 feet.

(f)

Minimum depth: 200 feet.

(g)

Minimum yards:

(1)

Front: 30 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: 75 feet.

(3)

Side: 50 feet combined, no less than 15 feet.

(h)

Maximum building height for dwellings: three stories or 35 feet.

(Prior Code, § 17.10(5))

(a)

Intent. The C Public Parks and Conservancy District is intended to preserve public parks and those natural features and environments that are unique community assets so that they will be protected from adverse urban development activities.

(b)

Permitted uses:

(1)

Public parks.

(2)

Conservancy.

(3)

Essential service structures.

(c)

Conditional uses:

(1)

Amusement and recreational services.

(2)

Utility facilities.

(d)

Minimum lot size: 5,000 square feet.

(e)

Minimum lot width: 40 feet.

(f)

Minimum yard setbacks:

(g)

Maximum height: 35 feet.

(Prior Code, § 17.10(6))

(a)

Intent. The AP Airport Special Purpose Overlay District is intended to protect the airport and abutting areas from uses and activities that would be detrimental to airport operations or would jeopardize the municipal investment in those facilities.

(b)

Statutory authorization. This division is designed to protect the approaches and airspaces of the Sparta/Fort McCoy Airport and is adopted pursuant to the authorization contained in Wis. Stats. §§ 59.69, 59.694, and 114.136.

(c)

Jurisdiction. The jurisdiction of this division shall extend over all non-federal lands within three miles of the boundaries of the Sparta/Fort McCoy Airport

(d)

Description of airport special purpose district. All zones established by this subsection are as shown on the map entitled "Height Limitation Zoning Map, Sparta/Fort McCoy Airport, Sparta, Wisconsin," which is adopted as part of this section.

(e)

Height limitations. Except as otherwise provided in this division, no structure shall be constructed, altered, located, or permitted to remain after such construction, alteration, or location, and no trees shall be allowed to grow to a height in excess of the height limit indicated on the height limitations zoning map.

(f)

Additional limitations. No use may be made of land in any zone in such a manner as to create electrical interference with radio communication between the airport and aircraft which endangers the landing, taking off, or maneuvering of aircraft.

(g)

Nonconforming uses.

(1)

These regulations shall not be construed to require the removal, lowering, or other change or alteration of any nonconforming use, or otherwise interfere with the continuance of any nonconforming use.

(2)

Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, if the construction or alteration of the use was begun prior to the effective date of the ordinance from which this division is derived and if such is diligently prosecuted.

(3)

This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

(h)

Administration. It shall be the duty of the zoning administrator and the airport manager to administer and enforce the regulations prescribed in this section. Applications for variance shall be made to the zoning administrator upon a form furnished by him. Applications shall be forthwith transmitted by the zoning administrator to the board of appeals for hearing and decision. The airport manager is to attend such hearings to offer information pertinent to the granting of the variance.

(i)

Structures.

(1)

No person shall erect or cause to be erected any structure over 35 feet in height measured at the object site) with the shaded area of the map referred to in subsection (d) of this section without registering his intent before construction commences on a form provided by the zoning administrator. The administrator shall inform the applicant if his structure is in violation of this division. A structure may be built up to the height limit indicated on the map. The administrator shall send record of the structures to the proper agencies as required, to include the airport manager.

(2)

No person, firm, or corporation shall erect or cause to be erected any structure over 100 feet in height within three miles of any portion of any runway of the airport without registering his intent before construction commences on a form provided by the zoning administrator. The administrator shall send record of the structures to the proper agencies to include the airport manager as required. A structure may be built up to the height limit shown on the map.

(3)

A nonconforming structure may be repaired, rebuilt, altered, or extended, provided the structure will not be higher after such construction than on the effective date of the ordinance from which this division is derived. Every such project shall be registered with the zoning administrator prior to commencement.

(j)

Hazard marking and lighting. The city may, at its own expense, install, operate, and maintain such markers and lights as may be necessary to indicate to the flyers the presence of an airport hazard, if such action is deemed advisable by the Sparta/Fort McCoy Airport Managers.

(Prior Code, § 17.10(7))

(a)

Planned unit developments (PUDs) are intended to encourage more efficient use of land by allowing, under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the lot-by-lot restrictions of standard zoning districts. The design flexibility is intended to benefit both the developer and the residents of the city.

(b)

Planned unit development provisions are intended for application to larger or unique sites where a flexible approach to zoning regulations would facilitate more efficient use of the site and protection of natural resources achieved through clustering development and other innovative site plan and design techniques. Typically, PUDs enable development of portions of a site at either higher densities or with less restrictive lot provisions in exchange for preserving other portions of the site in open space or providing above normal site amenities. All PUDs are expected to provide attractive recreation and open spaces as integral parts of the development.

(c)

PUDs may be residential, commercial, mixed residential and commercial, or mixed single-family, duplex, and multifamily dwellings. Industrial and manufacturing uses are not allowed in planned unit developments.

(d)

Classification of a PUD does not allow a developer to avoid infrastructure improvement costs. The developer of a PUD shall pay the same proportionate costs for infrastructure improvements that a subdivider is required to pay in sections 18-118 and 18-119.

(e)

Condominium projects with jointly owned common spaces or commonly owned structural walls, roofs, or other structural elements must be approved as PUDs if, as a result of a condominium division of the land, the lot requirements of the district in which the development is located cannot otherwise be met. This requirement would apply to townhouses where the resulting lot size would be less than otherwise required.

(Prior Code, § 17.11(1))

(a)

Ownership. Property developed as a PUD must be a single taxable parcel. The owner is obligated to the terms of the development and improvement plans, and any covenants and restrictions established thereby or otherwise. The covenants and restrictions shall be recorded with the county register of deeds.

(b)

Minimum size. PUDs shall be at least one acre in size.

(Prior Code, § 17.11(2))

(a)

General development plan (PUD-GDP). The owner or developer shall submit a general development plan to the zoning administrator, the public works director, and the fire chief.

(b)

Required contents of GDP. The PUD-GDP shall contain the following information:

(1)

The size and shape of the lot;

(2)

The present land use;

(3)

Existing roads and utilities;

(4)

Existing topography and storm drainage;

(5)

Location of proposed buildings on the site, describing their use, size and setbacks from property lines, streets, and other structures, and the proposed grading and storm drainage plan;

(6)

The landscape treatment;

(7)

Location of recreational areas and open space;

(8)

Layout of public and private roads and parking areas;

(9)

Description of the planned phasing (order of construction);

(10)

Form of ownership of the PUD;

(11)

Structure of the property owners' association, if any; and

(12)

Any deed restrictions or covenants.

A certified survey map shall be submitted with the PUD-GDP.

(Prior Code, § 17.11(3))

(a)

A GDP certified to contain the required information by the zoning administrator, public works director and fire chief shall be reviewed by the board of public works.

(b)

The board of public works shall:

(1)

Determine if existing water and sewer mains have the capacity to service the development;

(2)

If existing public roads can accommodate the increased traffic; and

(3)

Examine the site plan and determine its adequacy.

(Prior Code, § 17.11(4))

(a)

The GDP must have the approval of the board of public works on the following:

(1)

Public and private street design, including curb and gutter requirements.

(2)

The location and construction of sidewalks, paths, and trails.

(3)

The stormwater management plan for the PUD, including storm sewers.

(4)

The sanitary sewer plan.

(5)

The distribution plan for the city water supply.

(6)

Which portions of utilities shall be publicly or privately owned.

(7)

Utility easements the developer shall grant the city.

(b)

Upon approval of the GDP by the board of public works, with or without modifications, the matter shall be referred to the plan commission.

(Prior Code, § 17.11(5))

(a)

The GDP must have the approval of the city plan commission on the following:

(1)

Types of buildings and total number of buildings.

(2)

Uses of buildings (residential or commercial).

(3)

The area, height, and location of each building.

(4)

Location and extent of recreational areas and amenities.

(5)

The total area under roof, total paved area, and the amount of open green space.

(6)

The landscaping and screening from adjacent properties.

(7)

Common areas to be dedicated to the city, park district and school district.

(b)

Public hearing. The plan commission shall hold a public hearing upon notice as is required for amendments to the zoning regulations.

(c)

Upon approval of the GDP by the plan commission, with or without modifications, the matter shall be referred to the city council.

(d)

Common council approval. The common council shall either grant approval of the PUD-GDP application, with or without modification, or deny such application. If approved, the parcel shall be designated as a PUD-GDP by resolution, incorporating the plan and including any conditions or restrictions imposed by the common council. The PUD-GDP is an interim zoning classification which does not authorize development until the PUD-SIP (specific implementation plan) is approved.

(Prior Code, § 17.11(6))

Any party aggrieved by the determination of the plan commission or board of public work may, within ten calendar days of the determination, appeal in writing to the common council. Upon notice as is required for amendments to the city zoning regulations, the common council shall hold a public hearing.

(Prior Code, § 17.11(7))

(a)

After the city council has approved a GDP, the developer must submit a specific implementation plan (SIP) within 12 months. Upon failure to submit a PUD-SIP within 12 months, the common council approval of the GDP is rescinded.

(b)

Except for grading and clearing, no construction shall occur on the site of the PUD until the common council has approved the SIP.

(c)

The board of public works and plan commission must approve the SIP before the matter goes to the common council. The public works director and the zoning administrator may request further information or explanation from the developer before referring the PUD-SIP to the board of public works and the plan commission.

(d)

Upon approval of the SIP by the common council, the parcel shall be rezoned as a PUD-SIP and shall be subject to conditions or restrictions imposed by the common council.

(e)

For parcels zoned PUD-SIP, general zoning regulations that are not inconsistent with the PUD-SIP plan shall continue to be in effect.

(f)

Building permit restricted. Development and building permits for PUDs may not be issued until the PUD-SIP is approved by the city council. No building permit shall be issued for any structure within the PUD-SIP district unless the zoning administrator certifies that it conforms to the provisions of the PUD-SIP and other applicable zoning requirements.

(g)

Changes or alterations. Any change of the PUD plans subsequent to approval of the PUD-SIP shall be submitted to the zoning administrator and the public works director. If these officials determine that the changes constitute a substantial modification, the developer will be required to amend the PUD-SIP, and if necessary, the PUD-GDP, following the procedures set forth in section 17-291.

If, in the opinion of the zoning administrator and public works director, such changes do not constitute a substantial alteration of either the PUD-GDP or PUD-SIP, the changes may be accomplished by the approval of the zoning administrator and public works director. Such approval changes or modifications shall be documented and recorded in the city's official file on the PUD.

(h)

Expiration. If substantial development progress has not occurred within one year of a PUD-SIP approval, the council, following a plan commission recommendation, may revoke the PUD-SIP approval and revert the site zoning to its previous zoning district classification.

(Prior Code, § 17.11(8))

(a)

Distance separation. Each rehabilitation center and group home (CBRF) established after the date of this division must be at least 2,500 feet from any other existing rehabilitation center or group home (CBRF).

(b)

Minimum lot size. The minimum lot size for each district shall apply, except that the minimum lot area in square feet shall be increased 1,000 square feet for each additional two residents over 15.

(c)

Minimum floor area. The minimum floor area shall be 2,500 square feet, plus 100 square feet for each resident.

(Prior Code, § 17.14(1))

(a)

Minimum lot size. The minimum lot size requirement for each district shall apply except that the minimum lot area must be increased 1,000 square feet for each five children or adults between 15 and 30, plus 800 square feet for each person over 30.

(b)

Parking. Off-street parking shall be provided for all employees.

(c)

Visual screening. The rear yard shall be required to be visually screened to a height of six feet.

(d)

Owner-resident. In the R-1, R-2, and R-6 districts, the operator shall be an owner-resident of the facility.

(e)

Drop-off area. All group day care facilities, providing care for nine or more children or adults, shall provide a safe off-street drop-off area.

(Prior Code, § 17.14(2))

Model homes, model dwelling units, and pre-construction sales offices are residential type structures used as sales offices by a builder/developer to display the builder/developer's product and are conditional uses under these ordinances. Such structures may be furnished and staffed by the builder/developer sales force and are subject to the following restrictions:

(1)

District dimensional requirements to be met. The model dwelling unit shall meet all district requirements for dwelling size, lot and yard dimensions.

(2)

Sign illumination. Signs shall not be illuminated after 9:00 p.m.

(3)

Business activity not permitted before 8:00 a.m. or after 9:00 p.m. The model dwelling unit shall not be used for business purposes between 9:00 p.m. and 8:00 a.m.

(4)

Lighting. All exterior lighting must be down lighting so that no light shall be cast onto adjoining residential properties. All off-street parking areas must be illuminated. All exterior lighting shall be extinguished at the closing time of the model home.

(5)

Off-street parking. All model homes shall provide off-street, paved parking for the public. Such off-street, paved parking shall be located as directed by the plan commission. The number of required parking spaces shall be four per model home. The driveway of the model home may be utilized for not more than two of the required spaces.

(6)

Issuance of an occupancy permit. Occupancy permits shall not be issued until after the abutting street has been dedicated to the city and provided with a hard surface.

(7)

Termination of use. The use of model homes within a residential subdivision, or within any single phase of a multi-phase subdivision, shall terminate when building permits have been issued for 90 percent of the lots therein or within the conditional use time restriction limits.

(8)

Model dwelling unit constructed in nonresidential zoning districts. Model dwelling units may be erected or displayed in districts which exclude residential uses, provided that such models shall not be used for residential purposes, but only for display as a means to sell homes in districts in which they are permitted and provided that all other requirements of the district in which the model dwelling unit is erected shall be met.

(9)

Temporary sales structure on multiple-family developments. In those zoning districts where multifamily dwelling uses are permitted, a temporary structure may be used as a pre-construction sales office for the purpose of displaying a typical dwelling unit arrangement, subject to the following instructions:

a.

The structure shall be limited to two stories in height.

b.

The structure shall be appropriately landscaped.

c.

The structure shall be subject to the same front yard requirements as the principal structure to be erected and shall otherwise be subject to all yard requirements for the district in which located.

d.

Adequate off-street parking facilities (a minimum of four spaces) and access driveways shall be developed within those locations approved for such facilities in conjunction with the permanent multiple-family structure, and no additional parking areas or access driveways shall be permitted.

e.

Signs shall be permitted only in accordance with the regulations set forth for the use within the district and in compliance with this division.

f.

The structure shall comply fully with all existing building codes for the city.

g.

The structure shall be completely and totally removed within six months from the date of the issuance of a building permit or upon the completion of the permanent residential dwelling structure, whichever date is earlier.

h.

Upon failure to remove as set forth above, and after 30 days' written notice from the city, the city may cause the structure to be removed at the sole expense of the owner thereof.

(Prior Code, § 17.14(3))