This chapter is adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 87.30 and amendments thereto.

(Code 1994, § 13-1-1)

The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the city.

(Code 1994, § 13-1-3)

The general intent and purposes in view of this chapter are to regulate and restrict the use of all structures, lands and waters and to:

(1)

Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

(2)

Divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

(3)

Protect the character and the stability of the residential, business, manufacturing and other districts within the city and to promote the orderly and beneficial development thereof;

(4)

Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

(5)

Regulate population density and distribution to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

(6)

Regulate parking, loading and access to lessen congestion in and promote the safety and efficiency of streets and highways;

(7)

Secure safety from fire, panic, flooding, pollution, contamination and other dangers;

(8)

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the city;

(9)

Preserve and protect the beauty of the city;

(10)

Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(11)

Provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

(12)

Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;

(13)

Further the maintenance of safe and healthful water conditions;

(14)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;

(15)

Provide for and protect a variety of suitable commercial and industrial sites;

(16)

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;

(17)

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city;

(18)

Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter.

(Code 1994, § 13-1-4)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1994, § 13-1-5)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.

(Code 1994, § 13-1-6)

(a)

If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in such judgment.

(b)

The city does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and there is no liability on the part of the common council, its agencies or employees for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon and conformance with this chapter.

(Code 1994, § 13-1-7(b), (c))

The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the city. The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this chapter.

(Code 1994, § 13-1-20(a))

No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.

(Code 1994, § 13-1-20(b))

Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established in this chapter for the district in which such building or land is located.

(Code 1994, § 13-1-20(c))

(a)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(b)

No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open space or minimum lot area requirements for any other structure or parcel.

(Code 1994, § 13-1-20(d))

Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.

(Code 1994, § 13-1-20(e))

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

Abutting means to have a common property line or district line.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Alley means a public way not more than 21 feet wide which affords only a secondary means of access to abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for yearround living accommodations.

Bed and breakfast establishment building means a building that provides four or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, detached, means a building surrounded by open space on the same lot.

Building, heights of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal or main, means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this chapter.

Building, principal, means a building in which the principal use of the lot on which it is located is conducted.

Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.

Carport means an automobile shelter having one or more sides open.

Cellar means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

Clinic, medical or dental, means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed patient care.

Club or lodge means a building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

Conditional use means the occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district, which for their respective conduct, exercise or performance in such designated districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, condition modification or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the city and, therefore, may be permitted in such district only by a conditional use permit.

Community living arrangement means the following facilities licensed or operated or permitted under the authority of statute: Child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under Wis. Stats. § 46.02(7m) and community-based residential facilities under Wis. Stats. § 50.01, but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of statute, including Wis. Stats. §§ 46.03(22), 59.69(15) 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Corner lot means, on corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street, but the side yard setback shall in no case restrict the buildable width to less than 30 feet. Such corner lots shall be consisting of a parcel of property abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135 degrees.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for the county, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

Development means any manmade change to improved or unimproved real estate including, but not limited to, construction of or additions or substantial improvements to buildings, other structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.

District, basic, means a part of the city for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay (regulatory areas), provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, means a detached building designed for or occupied by one family.

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police callboxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means floriculture, forest and game management, orchards, raising of grain, grass, mint and seedcrops, raising of fruits, nuts and berries, sod farming and vegetable farming. General farming includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area, business and manufacturing buildings, means, for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted in this chapter.

Foster family home means the primary domicile of a foster parent which is maintaining four or fewer foster children and which is licensed under Wis. Stats. § 48.62 and amendments thereto.

Frontage means all the property butting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for the storage of the automobiles of the occupant of the premises.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Grade means, when used as a reference point in measuring the height of a building, the average elevation of the finished ground at the exterior walls of the main building.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the applicable limitations of this chapter.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed patient care.

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted including, but not limited to, used or salvaged or new scrapped base metal or metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this chapter as pertaining to the district wherein located.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot, corner, means a lot situated at the intersection of two streets.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90 degree angle from the road right-of-way.

Lot, interior, means a lot with frontage on only one street.

Lot line means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined in this section.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front line or a rear lot line.

Lot of record means a lot which has been recorded in the office of the register of deeds prior to the effective date of the ordinance from which this chapter is derived.

Lot, through, means a lot other than a corner lot with frontage on two streets.

Lot width means the horizontal distance between the side lot lines at the building setback line.

Minor structures means any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Mobile home means a manufactured home that is HUD certified and labeled under the National Manufactured Housing Construction and Safety Standards Act, 42 USC 5401 et seq. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Mobile home park means any lot on which two or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreations and other community service facilities designed for the exclusive use of park occupants.

Mobile home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and chapter 66 of this Code with lots intended for the placement of individual mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in mobile home parks.

Modular unit means a prefabricated, detached single-family or two-family dwelling unit designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.

Nonconforming lot means a lot of record existing on the date of passage of the ordinance from which this chapter is derived which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming uses means any structure, use of land, use of land and structure in combination or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto and which is not in conformance with this chapter. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest means all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Planned unit development (PUD) means a large lot or tract of land containing two or more principal buildings or uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, tradesmen, authors, musicians or other recognized professions used to conduct their professions. Tradesmen shall be defined as persons who hold themselves out with a particular skill including, but not limited to, carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.

Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.002(18m), or any airport which serves or offers to serve common carriers engaged in air transport.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

Restaurant means a business establishment consisting of a kitchen and dining room, the primary purpose of which is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

Retail means the sale of goods or merchandise in small quantities to the consumer.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Side yard means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Signs means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Stoops and decks. A stoop made either of concrete or wood not exceeding 64 square feet and shall not be subject to the setback requirements of a particular district. Any larger structure shall be considered a deck and shall be subject to all setback requirements of the zoning district.

Storage container means a building or other structure of any size, typically consisting of a prefabricated storage or shipping container, fully enclosed, and including units designed to serve as a commercial shipping containers, truck trailers or boxes, storage pods, etc. Storage containers are only allowed on a temporary basis pursuant to section 86-461(3)(c) and (d).

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this chapter.

Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Use means the purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Variance means a relaxation of the terms of this chapter by the board of appeals where the literal enforcement of this chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

Vision setback area means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this chapter.

Yard means an open space on the same lot with a building, unobstructed by structures except as otherwise provided in this chapter.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of the principal building excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard, rear, means a yard extending the full width of the lot between the rear lot line to the nearest part of the principal building.

Yard, side, means a yard on each side of the principal building extending from the building to the lot line and from the front yard line to the rear yard line.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between such units.

Zoning administrator means, for the purpose of this chapter, zoning administrator and building inspector.

Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of this chapter.

(Code 1994, § 13-1-300; Amd. of 2-2-2010; Amd. of 4-7-2022(2))

Cross reference— Definitions generally, § 1-2.

(a)

Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 60 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(b)

Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments (PUDs), not more than one principal building or use and its accessory buildings or uses may be located on a lot. The plan commission may permit as a conditional use or planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

(c)

Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.

(d)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the plan commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The plan commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires.

(e)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the plan commission, or which would alter the existing drainage or topography in any way to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved and all slopes shall be protected against erosion.

(f)

Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.

(g)

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the such vacated area shall not be affected by such proceeding.

(h)

Platting. All buildings erected upon unplatted land after the effective date of the ordinance from which this chapter is derived shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.

(i)

Residential units. No cellar, basement or unfinished home tent, recreational vehicle, or trailer, at any time, be used as a residential unit. Basements shall not be used as residential units, except where specifically designed for such use through proper dampproofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes. Tents and recreational vehicles shall be allowed in a licensed campground.

(j)

Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the common council.

(k)

Different street grades. Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

(l)

Through lots. Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.

(m)

Preexisting nonconforming lots. Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of the ordinance from which this chapter is derived, such lot may be occupied by one family.

(n)

Water setbacks. For all principal structures, garages and other structures (other than movable storage sheds), a minimum setback of 35 feet is required from the ordinary high-water mark of such waterway.

(Code 1994, § 13-1-22; Amd. of 8-3-2021(4); Amd. of 2-4-2025)

(a)

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:

(1)

Architectural projections. Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.

(2)

Special structures. Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lots, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smokestacks, are exempt from the height limitations of this chapter.

(3)

Essential services. Essential services, such as utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communication structures. Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.

(5)

Public or semipublic facilities. Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices, stations, and setbacks are increased not less than 1½ feet for each foot the structure exceeds the district's maximum height requirement.

(b)

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Architectural projections. Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard; but such projection shall not exceed two feet. Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 3½ feet, provided that it is located as not to obstruct light and ventilation.

(2)

Essential services. Essential services, such as utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(3)

Landscaping and vegetation. Landscaping and vegetation are exempt from the yard requirements of this chapter.

(c)

Average building setbacks. In residential districts, except for corner lots, required setbacks shall be modified in the following cases: Where 50 percent or more of the frontage on a block is occupied by residences having setbacks less than that required by this chapter, setback on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter.

(d)

Corner side yards. The required side yard on the street side of corner lots shall be at least 50 percent greater than the minimum specified for the district.

(Code 1994, § 13-1-23)

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Code 1994, § 13-1-24)

Screening or fencing as required by this chapter shall be subject to the following provisions:

(1)

Approval required. Any use or conditional use listed in this chapter requiring screening or fencing shall be permitted only when authorized by the city and subject to its approval of a screening or fencing plan for that particular use.

(2)

Objective. Planting or other suitable screening, including fences or freestanding walls, shall be required where deemed necessary for screening for enclosure purposes by the city, such as around outdoor storage yards and industrial property lines, refuse disposal sites, quarries and mines, mobile home parks and trailer camps. Such provisions shall be required to the extent needed to provide for:

a.

Screening of objectionable views.

b.

Adequate shade.

c.

Enclosure of storage materials.

d.

Public health and safety.

e.

A suitable setting for the particular use and other facilities.

(3)

Extent.

a.

Screen planting. Adequate to screen objectionable views effectively within a reasonable time; in some cases temporary screening devices may be required until suitable screen planting can be achieved.

b.

Other planting. For mobile home parks and trailer camps, other planting should be adequate in size. Quantity and character to provide an attractive setting for the mobile homes, trailers and other improvements, to provide adequate privacy and pleasant outlooks for living units, to minimize reflected glare and to afford summer shade.

c.

Existing planting. Acceptable as required planting to the extent that it is equivalent, suitable and preserved in good condition.

d.

Fences and walls. Appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather and use.

e.

Proper maintenance required. All screenings, fences and walls required by this chapter shall be maintained so as not to provide an objectionable view by themselves.

(4)

Buffer strips required in industrial districts. Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 30 feet in width, as measured at right angles to such lot line. Plant materials at least six feet in height, of such variety and growth habits as to provide a yearround effective visual screen when viewed from the residential district, shall be planted within the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

(Code 1994, § 13-1-25)

(a)

The common council hereby adopts Wis. Stats. § 106.50, as amended, and all subsequent amendments thereto.

(b)

The officials and employees of the city shall assist in the orderly prevention and removal of all discrimination in housing within the city by implementing the authority and enforcement procedures set forth in Wis. Stats. § 106.50.

(c)

The city clerk-treasurer shall maintain forms for complaints to be filed under Wis. Stats. § 106.50, and shall assist any person alleging a violation thereof in the city to file a complaint thereunder with the state department of work force development, equal rights division, for enforcement of Wis. Stats. § 106.50.

(Ord. of 9-7-2004(2), § 13-1-9)

Building orientation. The orientation of any proposed building shall be carefully scrutinized so as to mitigate the visual and audible impact of service areas, loading docks, loading areas or similar operations on the adjoining properties and general public.

(1)

Buildings shall be designed or oriented to minimize the exposure to loading docks, service areas or nonresidential overhead doors to the public rights-of-way.

(2)

Buildings proposed in commercial districts that are adjacent to residential developments shall be designed or oriented to minimize the exposure to loading docks, service areas or similar operations toward the adjacent residential developments.

(3)

If it is not feasible to design or orient the loading docks, service areas or similar operations away from the residential developments, additional landscape buffering, screening walls, fences and setbacks may be approved by the council.

(4)

Existing buildings not required to meet this section. Remodeling over 50 percent of existing building exterior or additions onto existing building that require any City permit shall meet the requirements of this section.

Architectural elements. In order to reduce the negative aesthetic impacts of large buildings, additional architectural elements shall be incorporated into the overall building design promoting a Northwood's character theme with special attention to the design review standards related to visual character, signage, landscaping, lighting, site design and traffic circulation. Development should be tailored to pedestrian friendly, attractive businesses that enhance the community identity and Northwood's character.

(1)

Multi-family buildings (three units or greater) and nonresidential buildings proposed in residential districts shall incorporate residential design elements such as pitched roofs, dormers, cupolas or other similar roof elements into the building design in order to minimize the aesthetic impact of the differing uses.

(2)

Buildings proposed in commercial districts that are adjacent to residential developments are recommended to include an articulated roofline, giving emphasis to architectural elements that will help divide the mass of a large building into smaller, identifiable pieces.

(3)

Commercial buildings shall incorporate architectural design elements, materials and colors into all sides of the building that are viewed from the street.

(4)

Commercial buildings shall incorporate façade modulation in all building elevations that are viewed from the street, in order to preserve building scale and reduce the aesthetic impact of long, large expansive wall surfaces. The variation in wall surfaces can be accomplished either by physical offsets or by the use of color, pattern, or texture.

(5)

Roof mounted mechanical units, satellite dishes (three feet diameter and greater), or other similar equipment shall be situated or screened from public view to the greatest extent possible. If used screening shall have similar design features as the building including material, shape, and color considerations. Solar panels are exempt from this section.

Exterior material selection. The building's exterior material selection shall be compatible with other buildings and structures in adjoining developments.

Exterior color selection. The building's exterior color scheme shall utilize primarily muted, neutral, or earth tone type colors. The primary use of bright, intense, or extreme colors not consistent with the adjoining developments shall not be permitted in any zoning district. This regulation is not intended to prohibit the use of these colors for specifically approved architectural detailing and franchise businesses.

Waiver of design requirements. The city council reserves the right to waive or modify to a lesser restriction any provision or requirement of architectural design elements contained in this chapter in any redevelopment of property within the city, provided said waiver or modification does not adversely affect the intent of these regulations to adequately safeguard the general public and surrounding property. Exceptions will only be considered for those areas where special circumstances warrant a change and whereby the modification or waiver is determined to be in the best interest of the general public. It is further ordained that this section be published as part of the regular minutes of the common council of the City of Spooner.

(Amd. of 4-8-2009)