Only the following uses and their essential services may be allowed in any district:

(1)

Permitted uses. Permitted uses, being the principal uses, specified for a district.

(2)

Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses.

a.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the plan commission in accordance with division 3 of this article excepting those existent at the time of adoption of the ordinance from which this chapter is derived.

b.

Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses, or establishment of new conditional uses shall require review, public hearing and approval by the plan commission in accordance with division 3 of this article.

c.

Conditional uses authorized by the plan commission shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

d.

Conditional uses authorized by the plan commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without plan commission approval and the procedures required in division 3 of this article.

(4)

Unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts in article III of this chapter shall be considered to be prohibited except as may be otherwise specifically provided in this article. In case of a question as to the classification of an unlisted use, the question shall be submitted to the board of appeals for a determination, following a recommendation from the plan commission, in accordance with the following procedure:

a.

Application. Application for the determination for classification of an unlisted use shall be made in writing to the administrator and shall include a detailed description of the proposed use and such other information as may be required by the plan commission to facilitate the determination.

b.

Investigation. The plan commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in the article and to recommend its classification.

c.

Determination. The determination of the board of appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts in article III of this chapter.

d.

Effective date of determination. At the time of this determination of the classification of the unlisted use by the board of appeals, the classification of the unlisted use shall become effective.

(Code 1994, § 13-1-21)

(a)

Principal use to be present or under construction. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(b)

Residential district restrictions. An accessory use or structure in a residential district may be established subject to the following regulations:

(1)

Accessory building number limits. In any residential district, in addition to the principal building, no more than a maximum of three accessory structures shall exist on a property.

(2)

Detached accessory buildings.

a.

No detached accessory building shall occupy any portion of the required front yard, and no detached accessory building(s) shall occupy more than 30 percent of the total required rear yard and shall not exceed the height of the principal structure. All accessory buildings or structures shall be of similar materials and appearance commonly used in residential districts.

b.

In a residential district, the maximum size of one of the three allowed detached accessory structures shall not exceed a 40-foot by 40-foot structure and the total square footage of any combination or total detached accessory buildings shall not exceed 30 percent of the total required rear yard.

c.

All accessory buildings or structures shall be constructed of materials that are compatible with or complementary to the exterior of the principal structure and must be constructed using durable materials and finished to professional standards.

d.

All accessory buildings or structures shall incorporate an architectural style that is harmonious with the principal structure and typical of those commonly found in residential districts, while maintaining a color palette consistent with or complementary to the principal structure. The use of non-finished materials as exterior finish, such as plywood or OSB is prohibited.

e.

Screening or landscaping is recommended to mitigate aesthetic impact of accessory buildings visible from adjacent properties or public rights-of-way.

f.

Any accessory building, use or structure shall conform to the applicable height and other regulations of the district in which it is located except as specifically otherwise provided in this section, except that when an accessory building is located forward of the rear building line of the principal building it shall satisfy the same side yard requirements as the principal building.

g.

No accessory building other than a garage in a residential district shall be erected in any yard except a rear yard, and all accessory buildings shall be located not less than three feet from all lot lines and from any other building or structure on the same lot; except as provided in subsection (h) of this section.

(3)

Accessory dwelling units.

a.

An accessory dwelling unit shall contain no more than two bedrooms.

b.

The ADU must be housed within a permanent building and be in compliance with all applicable Wisconsin Uniform Dwelling Code (UDC) requirements.

c.

The floor area of an ADU must be smaller than the principal dwelling, capped at a maximum of 900 square feet.

d.

The ADU must be under the same ownership as the principal dwelling and located on the same lot.

e.

An ADU will be at least five feet from the rear or side lot lines.

f.

In any residential district, no more than one accessory dwelling unit may be located on a lot.

g.

The number of occupants of the accessory dwelling unit shall not exceed one family or two unrelated individuals.

h.

The accessory dwelling unit shall not be sold separately from the principal dwelling.

i.

The principal dwelling of the accessory dwelling unit must be owner-occupied.

j.

A minimum of one dedicated parking stall is required.

k.

An ADU cannot be sold separately from the principal structure.

l.

An ADU cannot be used, rented or leased as a short-term vacation rental, such as Airbnb.

m.

The total height shall not exceed the height of the principal structure.

(c)

Accessory use or structure restrictions; residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined herein and shall not be occupied as a dwelling unit unless permitted as a conditional use, meets all applicable UDC building codes, and remains as an accessory structure to the owner occupied principal unit.

Storage containers not allowed. Containers, storage containers or other portable storage containers are temporarily allowed for a seven-day period during moving. The time period can be extended in cases deemed as a hardship as defined by the zoning administrator.

(d)

Nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall not be nearer than ten feet to any side or rear lot line.

Storage containers not allowed. Containers, storage containers or other portable storage containers are temporarily allowed for a seven-day period during moving. The time period can be extended in cases deemed as a hardship as defined by the zoning administrator.

(e)

Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than three feet to the side line of the adjacent structure.

(f)

Landscaping and decorating. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.

(g)

Temporary uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the administrator.

(h)

Garages allowed in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided that:

(1)

Such private garage shall be located not less than five feet from the front lot line.

(2)

The floor level of such private garage shall be not more than one foot above the curb level.

(3)

At least one-half the height of such private garage shall be below the mean grade of the front yard.

(i)

Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon adjoining properties.

(j)

Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

(k)

Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls; and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

(Code 1994, § 13-1-200; Ord. of 3-2-2004(2), § 13-1-200(b)(2), (3)a.; Amd. of 2-2-2010; Amd. of 2-4-2025; Amd. of 7-1-2025)

(a)

No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.

(b)

Firewood shall be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.

(c)

All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.

(d)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.

(e)

Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.

(Code 1994, § 13-1-201)

(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:

Decorative fence means a fence not exceeding a height of 36 inches from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern (such as a weave or board-and-space pattern) and not solid pattern (such as a block, concrete or privacy pattern).

Fence means any enclosure or barrier, solid or otherwise, made of wood, iron, stone or other material, as around or along a yard, walkway, field or other area and shall include a decorative fence.

Hedge means a row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

Invisible fence means a pet fence or fenceless boundary wire around the perimeter of a property, designed to keep a pet with-in the boundaries of the property without the use of a physical wire.

Picket fence means a fence having a pointed post, stake, pale or peg placed vertically with the point or sharp part pointing upward to form a part of the fence.

Retaining wall means a solid barrier of any material constructed to hold a mass of earth. A retaining wall shall be considered a fence for purposes of this section.

(b)

Responsibility of owner. Any person erecting a fence shall do so on his own property. The responsibility for establishing a property line shall rest with the property owner erecting the fence.

(c)

Fence permit required. No person shall erect a fence in the city unless a permit is first obtained from the building inspector by the property owner or his agent. A permit fee set by the council from time to time shall be paid upon application for the permit.

(d)

Fence setback in residential districts.

(1)

No fence or portion of a fence shall be constructed within the front setback area of a building in a residentially zoned district except as follows:

a.

A fence can be constructed in the front setback area if the fence is no higher than three feet and a solid pattern; or

b.

Fences shall not exceed four feet in height and shall be of see-through design, 90 percent plus.

(2)

All fences shall be set back inside the lot line a minimum of three feet. A fence may be placed between zero and three feet from the lot line, provided that a fence agreement is signed by the neighboring property owner. Such document must be recorded at the county register of deeds officer. Cost of recording to be borne by the applicant in addition to the permit fee. Applicant to supply city with recorded fence agreements with all adjoining landowners prior to beginning work.

(e)

Fences in all districts.

(1)

No solid fence or segment of a fence more than three feet high is allowed within the vision clearance required for corner lots abutting a street or alley or shall not exceed four feet in height and be of see through design, 90 percent plus.

(2)

No fence or segment of a fence shall be constructed nearer than four feet to any alley line.

(3)

Unless otherwise provided herein, no fence shall be constructed with any point higher than six feet above ground level; provided, however, that fences in industrial zoned areas shall not be higher than ten feet above ground level, excluding devices for holding barbed wire.

(4)

No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrial zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground or higher and project toward the fence property and away from any public area.

(5)

All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(6)

Invisible fences are not allowed in public rights-of-way.

(f)

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(g)

Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described in this section.

(h)

Hedges. The height and setback for hedges shall be the same as outlined for fences in subsections (c) and (d) of this section; provided, however, that hedges three feet in height or less, from sidewalk level, may be kept in the front setback area; and provided further that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.

(Code 1994, § 13-1-202; Amd. of 7-10-2007; Amd. of 9-7-2010; Amd. of 1-5-2021(2); Amd. of 2-2-2021(1))

(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:

Private or residential swimming pool means an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half feet located above or below the surface of the ground elevation, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, and shall encompass either a swimming pool or a wading pool or a combination swimming pool and wading pool, not enclosed in a permanent building. Private pools are those that are used or intended to be used solely by the owner, his family, and friends.

(b)

Portable swimming pools. Storable swimming or wading pools which are constructed so that they may be readily disassembled for storage and reassembled to it[s] original integrity are exempt from the provisions of subsection (c) permit required as long as they meet all other criteria and owner of the property on which the pool is located has written documentation (available upon request) to show that the owner has an insurance policy that covers claims for injuries sustained while on property, the insurer that provided the insurance policy is aware of the presence of the pool, and insurer has not excluded claims for injuries related to the pool from coverage of the insurance policy. Portable pools shall be disassembled between October 1 and April 30 at a minimum.

(c)

Permit required. Before work is commenced on the construction or erection of private or residential permanent swimming pools, public pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the building inspector. Plans and specifications and pertinent explanatory data should be submitted to the building inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. A fee set by the council from time to time shall accompany such application.

(d)

Public pools. All public swimming pools constructed within the city shall be built and maintained in accordance with the rules of the state board of health as set forth in Wis. Admin. Code ch. Comm 90, together with any amendments thereto which may be adopted from time to time.

(e)

Minimum construction requirements. In addition to such other requirements as may be reasonably imposed by the building inspector, the building inspector shall not issue a permit for construction as provided for in subsection (c) of this section, unless the following construction requirements are observed:

(1)

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances now in effect or hereafter enacted.

(2)

All plumbing work shall be in accordance with all applicable ordinances and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(3)

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with law and ordinances regulating electrical installations.

(4)

If they shall be installed, lights shall be erected to eliminate direct rays and minimize reflected rays of light on adjoining properties.

(f)

Setbacks and other requirements.

(1)

Private portable or permanent swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No portable or permanent swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and such lot is occupied by a principal building.

(2)

No portable or permanent swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the chapter for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line. The vertical wall of a swimming pool shall not be located closer than six feet of any other wall or fence or other structure which can be climbed by children. No pool shall be located under any electric power lines.

(g)

Fence required.

(1)

Pools portable or permanent, whether in ground or above ground, within the scope of this section, which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than four feet in height and constructed not to have voids, holes or openings larger than four inches in one dimension. The fence material shall be a cyclone type fence, vertical slats or other members built to discourage or impede climbing; all areas adjacent or near the fence shall be cleared of material which might be used for climbing purposes. Gates or doors shall be kept locked while the pool is not in actual use. All gates or door openings or other means of access into such swimming pool shall be self-closing and self-latching and shall be at least 36 inches in height with latches placed in such a manner that they can only be operated from the inside of the enclosure if they are less than 48 inches above the ground level, or shall employ such other safe means of securing access that such pool shall be inaccessible to a child under ten years of age when such swimming pool is not in actual use or attended.

(2)

Barriers of metal, wood, hard plastic, canvas or other durable material designed and employed to prevent use of, or entry into, the pool (rather than to control heat loss or keep out dirt or insects) shall be acceptable guarding for a pool if the same can be locked or secured to prevent such entry or use.

(3)

The pool enclosure may be omitted where portable pools are installed above ground and where the pool wall is at least three feet above grade, for full pool perimeter and pool ladders can be secured when not in use, the finished grade shall be maintained for a minimum of four feet beyond the outside perimeter of the pool and as long as they meet all other criteria and owner of the property on which the pool is located has written documentation (available upon request) to show that the owner has an insurance policy that covers claims for injuries sustained while on property, the insurer that provided the insurance policy is aware of the presence of the pool, and insurer has not excluded claims for injuries related to the pool from coverage of the insurance policy.

(h)

Pool draining. No private swimming pool shall be constructed to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the building inspector. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the state board of health shall be necessary before the construction of any such pool may commence.

(i)

Filter system required. All private swimming pools within the meaning of this section must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(j)

Dirt bottoms. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish and no sand or dirt bottom shall be permitted.

(k)

Safety devices. Every swimming pool which has a capacity for water exceeding four feet in depth at any point, shall be equipped with a reasonable number of life preservers and/or other safety devices.

(l)

Hot tubs. All hot tubs are exempt from the provisions of subsection (c) permit required as long as they meet all other criteria and owner of the property on which the pool is located has written documentation (available upon request) to show that the owner has an insurance policy that covers claims for injuries sustained while on property, the insurer that provided the insurance policy is aware of the presence of the pool, and insurer has not excluded claims for injuries related to the pool from coverage of the insurance policy.

(m)

Public water supply. No person shall divert water from any public unmetered water supply line for the purpose of filling a pool without first obtaining written permission from the city administrator or designee.

(n)

Gaseous chlorination systems. Gaseous chlorination systems shall not be used as a disinfection method for pool waters.

(o)

Other requirements. According to Section NR 112.08(4)(b)(8), Wisconsin Administrative Code, a distance of 25 feet must be maintained between a well or reservoir and a below ground swimming pool, measured to the edge of the water. There is no restriction for above ground pool.

Section 83.15(4)(a), Wisconsin Administrative Code, requires that a distance of 15 feet shall be maintained between a septic or other treatment tank, or any part of soil absorption system, and either an above or below ground swimming pool. The provisions of the latest edition of the National Electric Code apply to the construction and installation of electrical wiring for equipment in or adjacent to all swimming and wading pools and hot tubs, whether permanently installed or storable portable and to metallic appurtenances in or with-in five feet of the pool, and to the auxiliary equipment, such as pumps, filters and similar equipment.

(Code 1994, § 13-1-203; Amd. of 7-14-2009)

The development and execution of this division is based upon the division of the city into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Code 1994, § 13-1-80)

(a)

The plan commission may authorize the administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the plan commission in its findings shall further specify the delimiting reasons or factors which resulted in issuing limited rather than regular conditional use. Such plan commission resolution, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the commission shall make findings based upon the evidence presented that the standards prescribed in this division are being complied with.

(b)

Any development within 500 feet of existing or proposed rights-of-way of freeways, expressways and within one-half mile of existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(c)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(d)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(Code 1994, § 13-1-81)

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.

(Code 1994, § 13-1-82)

(a)

Inclusions. An application for a conditional use shall be filed in duplicate on a form prescribed by the city. Such applications shall be forwarded to the plan commission. Such applications shall include, where applicable:

(1)

A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 86-497.

(2)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.

(3)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(5)

Additional information as may be required by the plan commission or other boards, commissions or officers of the city. The plan commission may require such other information as may be necessary to determine and provide for enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(b)

Plans. In order to secure information upon which to base its determination, the plan commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:

(1)

A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover;

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;

(3)

Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging;

(5)

Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.

(Code 1994, § 13-1-83)

All requests for conditional uses shall be to the plan commission or the plan commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in section 86-494, the plan commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the plan commission shall, by rule, prescribe from time to time.

(Code 1994, § 13-1-84)

Notice of the time, place and purpose of such hearing shall be given by publication of a class 2 notice under statute in the official city newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the zoning administrator, members of the common council and plan commission, and the owners of record as listed in the office of the city assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected; such notice to be sent at least 14 days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(Code 1994, § 13-1-85)

No application for a conditional use shall be granted by the plan commission or granted by the common council on appeal unless the following conditions are present:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets.

(6)

The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

The proposed use does not violate floodplain regulations governing the site.

(8)

When applying the standards of this section to any new construction of a building or an addition to an existing building, the plan commission and common council shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(9)

In addition to passing upon a conditional use permit, the plan commission and common council shall also evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions.

b.

The prevention and control of water pollution including sedimentation.

c.

Existing topographic and drainage features and vegetative cover on the site.

d.

The location of the site with respect to floodplains and floodways of rivers and streams.

e.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

f.

The location of the site with respect to existing or future access roads.

g.

The need of the proposed use for a shoreland location.

h.

Its compatibility with uses on adjacent land.

i.

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1994, § 13-1-86)

When a decision of denial of a conditional use application is made, the plan commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the commission has used in determining that each standard was not met.

(Code 1994, § 13-1-87)

Any action of the plan commission in granting or denying a conditional use permit may be appealed to the common council, if a written request for an appeal is filed within ten days after the date of the plan commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the zoning administrator who shall submit it to the common council at its next meeting, together with any documents and other data used by the plan commission in reaching its decision. The common council may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. If the common council elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a class 1 notice in the official newspaper at least ten days before the date of the hearing. The common council may either affirm or reverse by a two-thirds vote, in whole or in part, the action of the plan commission and may finally grant or deny the application for a conditional use permit.

(Code 1994, § 13-1-88)

The following provisions shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the plan commission, or the common council on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 86-497. In all cases in which conditional uses are granted, the plan commission and common council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill the purpose and intent of this chapter.

(2)

Site review. In making its decision, the plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewer and water systems and the proposed operation/use.

(3)

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the plan commission.

(4)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the plan commission may require the use of certain general types of exterior construction materials and/or architectural treatment.

(5)

Sloped sites; unsuitable soils. Where slopes exceed six percent and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(6)

Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.

(Code 1994, § 13-1-89)

Where the plan commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the administrator shall notify the holder by certified mail of such revocation. The plan commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the city at least 30 days before the expiration of such permit.

(Code 1994, § 13-1-90)

The plan commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the plan commission shall initially determine whether such complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 86-497, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 86-496. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The plan commission may, in order to bring the subject conditional use into compliance with the standards set forth in section 86-497 or conditions previously imposed by the plan commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in section 86-500. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and section 1-11. If no reasonable modification of such conditional use can be made in order to ensure that subsections (1) and (2) in section 86-497 will be met, the plan commission may revoke the subject conditional approval and direct the zoning administrator and the city attorney to seek elimination of the subject use. Following any such hearing, the decision of the plan commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the plan commission under this section may be taken to the common council. A vote to approve the appeal requires a two-thirds vote of the common council.

(Code 1994, § 13-1-91)

(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:

Agent means the person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the zoning administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.

Airbnb means "air-mattress, bed and breakfast." This acronym refers to any place of lodging that provides six or fewer rooms for rent for more than ten nights in a 12-month period, is closely monitored by the owner or agent at the time of rental and follows Airbnb basic requirements for hosts. Airbnb's are subject to the same rules and regulations as bed and breakfast establishments.

Bed and breakfast establishment means any place of lodging that provides six or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner or agent at the time of rental and in which the only meal served to guests is breakfast.

(b)

Findings of fact. Bed and breakfast establishments are allowed as a conditional use in residential and commercial districts, provided that a public hearing is held by the plan commission resulting in a finding that:

(1)

The proposed bed and breakfast establishment will not be injurious to the neighborhood or detrimental to the public welfare.

(2)

Traffic conditions in the neighborhood will not be adversely impacted by access to the property, traffic generated by the use or any other aspects of the proposal.

(3)

The standards of this section and other applicable ordinances are complied with.

(c)

As conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residential districts pursuant to the requirements of this section.

(d)

Regulations.

(1)

Compliance with state standards. All bed and breakfast establishments and licensees shall be subject to and comply with Wis. Admin. Code ch. HFS 197, relating to bed and breakfast establishments or Wis. Admin. Code ch. HFS 195 relating to hotels, motels and tourist roominghouses.

(2)

Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a city representative for a period of not less than one year.

(e)

Permit.

(1)

Required. In addition to the permit required by Wis. Admin. Code chs. HFS 195 or 197, before opening for business every bed and breakfast establishment shall obtain a conditional use permit pursuant to this section.

(2)

Application. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this section:

a.

Site plan showing location and size of buildings, parking areas and signs.

b.

Number, surfacing and size of parking stalls.

c.

Number, size and lighting of signs.

(3)

Display of permit. The permit issued by the administrator shall be conspicuously displayed in the bed and breakfast establishment.

(f)

Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy, plus two additional parking spaces for the owner. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the other requirements of the chapter with respect to traffic, parking and access.

(g)

On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the requirements of this chapter with respect to signs.

(h)

Protest. If a duly signed and acknowledged protest is filed by 20 percent or more of the owners of the area immediately adjacent to the proposed use extending 100 feet, therefrom, or by the owners of 20 percent or more of the land directly opposite thereto and extending 100 feet from the street frontage of such opposite land, the conditional use shall not be permitted except by a favorable vote of three-fourths of the members of the plan commission.

(i)

Termination of permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The plan commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with subsection (e) of this section shall be valid until terminated by action of the zoning administrator for violation of the provisions of this section, or of state regulations as set forth in Wis. Admin. Code chs. HFS 195 or 197, or if the use ceases for 12 months, or as provided in this section.

(Code 1994, § 13-1-92; Amd. of 8-3-2021(2))

(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:

Agent means the person designated by the owner as the person in charge of chickens and whose identity shall be filed in writing with the zoning administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.

Keeping of chickens means the keeping of up to four chickens, with a conditional use permit is allowed on a residential premise only. Permits will not be allowed on commercial or mixed-use occupancies. Roosters are not allowed. No person shall slaughter any chickens.

(b)

Findings of fact. Residential keeping of chickens is allowed as a conditional use in residential and commercial districts allowing residential use by grandfathering, provided that a public hearing is held by the plan commission resulting in a finding that:

(1)

The proposed residential keeping of chickens will not be injurious to the neighborhood or detrimental to the public welfare.

(2)

The standards of this section and other applicable ordinances are complied with.

(c)

As conditional use. Residential keeping of chickens shall be considered conditional uses and may be permitted in residential districts pursuant to the requirements of this section.

(d)

Regulations.

(1)

Coop location and design.

a.

Chicken coops shall be constructed in a workmanlike manner, be moisture resistant, and either raised off the ground or placed on a hard surface such as concrete, patio block or gravel.

b.

Chicken coops and yards shall be constructed so they will not have standing water.

c.

Chicken coops shall be cleaned of hen droppings, uneaten feed, feathers and other waste daily and as necessary to ensure a health, odor or other nuisance does not exist.

d.

Chicken coops and yards together shall be large enough to provide at least 16 square feet per chicken. Fenced enclosure space can be added to the coop space to add up to the minimum number of square feet. Coops cannot be taller than ten feet. Coops cannot exceed 50 square feet.

e.

Enclosures shall not be closer than 25 feet to any residential structure on an adjacent lot. Enclosures shall not be located in the front yard of a dwelling.

f.

Coops shall be subject to the requirements of section 86-461, accessory buildings.

g.

Fencing shall be subject to section 86-463, fences and hedges.

(2)

Care for the chickens.

a.

Chickens shall be provided with fresh water at all times and adequate amounts of feed.

b.

Chickens shall be provided with a sanitary and adequately-sized, covered enclosure, or coop, and shall be kept in the enclosure or a sanitary and adequately-sized and fenced enclosure, or yard, at all times. Chicken coops and enclosures may not be homes or garages.

(3)

City intervention or inspections.

a.

An inspection of the proposed chicken keeping site will not be conducted by the City of Spooner as part of the permitting process. The city will inspect and determine compliance with these rules on a complaint basis or if it believes a violation may be occurring. The city may take enforcement action it deems appropriate if violations are noted.

b.

The city will answer questions about the permitting process and the rules it is charged with enforcing. To inquire about the permitting process, please contact the city at 716-635-8769

c.

The city will not offer advice or provide suggestions regarding the practice of keeping chicken. For example, the city will not suggest how to build a chicken coop or enclosure nor offer advice on where to acquire knowledge related to chicken keeping.

(4)

Problems with chickens to be reported.

a.

Chickens shall not cause any nuisance, unhealthy condition, public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.

b.

Unusual illness or death of chickens shall be reported to the city.

c.

A permit may be revoked for failure to comply with provisions of the ordinance and, once revoked, shall not be reissued.

(e)

Permit.

(1)

Required. Residential keeping of chickens shall require a conditional use permit pursuant to this section.

(2)

Application. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this section, said application shall contain a statement that rules shall be complied with:

a.

Site plan showing location and size of chicken area in relation to existing buildings and the adjoining property lines

b.

Submit the Wisconsin Department of Agriculture, Trade and Consumer Protection (WI DATCP) registration number. Register online at http://www.wiid.org or by phone 888-808-1910.

(3)

Display of permit. The permit issued by the administrator shall be conspicuously displayed on the property

(f)

Protest. If a duly signed and acknowledged protest is filed by 20 percent or more of the owners of the area immediately adjacent to the proposed use extending 100 feet, therefrom, or by the owners of 20 percent or more of the land directly opposite thereto and extending 100 feet from the street frontage of such opposite land, the conditional use shall not be permitted except by a favorable vote of three-fourths of the members of the plan commission.

(g)

Termination of permit. A residential keeping of chickens use permit shall be void upon the sale or transfer of the property ownership. The plan commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with subsection (e) of this section shall be valid until terminated by action of the zoning administrator for violation of the provisions of this section, or if the use ceases for 12 months, or as provided in this section.

(Amd. of 2-2-2021)

The intent of this division is to provide a means to accommodate a small family business without the necessity of a rezoning into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this division is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

(Code 1994, § 13-1-93(a))

A permit is required for a home occupation. A permit application is available at the clerk-treasurer's office. Permits shall expire annually on December 31. A renewal application and renewal fee as set by the council from time to time is required.

(Code 1994, § 13-1-93(b))

Home occupations shall be permitted in all zones, provided that the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure or existing accessory building on the premises. The following conditions shall be satisfied:

(1)

The home occupation shall not exceed 25 percent of the floor area of the primary structure and 50 percent of an existing accessory building on the premises.

(2)

Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation.

(3)

There shall be no exterior display or exterior storage of goods on the premises.

(4)

There shall be no more than one advertising sign displayed on the premises and such sign shall not exceed four square feet in area, the wall sign location of which shall be approved by the building inspector. Such sign shall not be illuminated.

(5)

Home occupations involving auto repair or maintenance, beauty shops or barbershops shall require a conditional use permit.

(6)

Sales and services to patrons shall be arranged so that no traffic congestion problem exists.

(7)

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

(8)

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(9)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(Code 1994, § 13-1-93(c); Ord. of 2-3-2015(1))

(a)

The plan commission may approve home occupations in residential districts which do not meet the standards in section 86-523 as conditional uses.

(b)

The types and number of equipment or machinery may be restricted by the plan commission.

(c)

Sale or transfer of the property or expansion of the home occupation shall cause the conditional use permit to be null and void.

(Code 1994, § 13-1-93(d); Ord. of 6-3-2003(1), § 13-1-93(d))

(a)

The lawful nonconforming use of a structure or land including, but not limited to, fences, parking and zoning setbacks existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or to comply with the provisions of this chapter.

(b)

If no structural alterations are made, a nonconforming use of a building may be changed to any use permitted in the same district as that in which the use existing is permitted according to the provisions of this chapter, provided that when a district is changed, any existing, nonconforming use in such changed district may be continued or changed to a use permitted in the same district as that in which the existing use is permitted; provided, however, that all other regulations governing the new use are complied with.

(c)

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

(Code 1994, § 13-1-100)

(a)

Generally. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter.

(b)

Building destroyed by fire. Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50 percent of its assessed value, the same may be rebuilt; but where such a building is destroyed to the extent of more than 50 percent of its assessed value, a permit may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge in any business or industrial district as the interest of the public demands.

(Code 1994, § 13-1-101)

The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or to comply with the provisions of this chapter.

(Code 1994, § 13-1-102)

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

(Code 1994, § 13-1-103)