Zoneomics Logo
search icon

Suamico City Zoning Code

§ 18.04

General Provisions.

(1) 
Jurisdiction. The jurisdiction of this code shall include all lands, persons, and waters within the Village.
(2) 
Existing Ordinance. Restrictions or requirements with respect to buildings, land, water, persons, or animals, which appear in other code of the Village or are established by federal, state, and county laws, and which are greater than those set forth herein shall take precedence over those herein. Otherwise, the provisions of this code shall apply.
(3) 
Building and Uses.
(a) 
The use of buildings hereafter erected, enlarged converted, structurally altered, rebuilt or moved, and existing land, shall be used only for purposes as specified in this code. Furthermore, land and building uses shall be in compliance with the regulations as established herein for each district.
(b) 
All dwellings shall be located on a lot; and only one dwelling shall be located, erected or moved onto a lot, except for lots specifically approved and excepted by the Board as duplex or multi-family, and all lots shall have the required frontage on an approved Village road.
(c) 
Permitted and permitted accessory uses are limited to the uses indicated for the respective zone districts.
(d) 
Conditional uses may be allowed, limited to the uses indicated for the respective zone districts, upon written recommendation by the Planning and Zoning Commission and approval of the Board.
(e) 
Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear or side yard. All other accessory building requirements are set forth by zoning districts.
(f) 
No lot area shall be reduced by the owner so that the yards and open spaces shall be smaller than is required by this code.
(g) 
If the lot area is less than the minimum number of square feet per family dwelling required for the district in which it is located and was of record as such at the time of the passage of this code, such lot may be occupied by a single family dwelling if it meets the requirements of the Brown County Code of Ordinances.
(h) 
Where a building permit for a building or structure has been issued in accordance with regulations set forth in this code, and provided that construction is begun within six months from date of issuance and completed within two years the said building or structure shall be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, shall upon completion be occupied under a certificate of occupancy by the use for which originally designed and subject thereafter to the provisions of Section 18.99.
(i) 
Other structures or buildings allowed as permitted or conditional uses within Ag-Agriculture District shall meet the requirements of the district and the Village Zoning Ordinance.
(4) 
Transitional Facility.
(a) 
Transitional facilities are allowed as conditional use in the following zoning districts:
1. 
Highway Business (HB).
2. 
Industrial District-Limited (I1).
3. 
Industrial District (I2).
(b) 
Transitional facilities are prohibited in the following zoning districts:
1. 
Residential Sewered (RS).
2. 
Rural Residential (RR).
3. 
Agriculture (AG).
4. 
Agricultural - Farmland Preservation (AG - FP).
5. 
Public Lands and Institutions.
6. 
Business District (B).
7. 
All planned developments.
(5) 
Residential Dwelling Standards. All single family and two family residential dwellings shall meet the following requirements as set forth in this section. Any home not meeting the requirements of this section shall be treated as a Manufactured Home Class II and may only be placed in a manufactured home park pursuant to Section 18.16 as set forth in this code.
(a) 
Minimum Floor Area. Minimum size of a residential dwelling shall be 1,200 square feet above grade.
[Amended 5-17-2021 by Ord. No. 2021-06]
(b) 
Roof Pitch and Overhang. All main buildings shall have a minimum pitch of four inches per 12 inches of run, with a minimum of twelve-inch roof overhang on each of the dwelling's perimeter walls, such that the overhang is structurally integrated into the design of the dwelling. Exception: Homes with significant architectural design that would otherwise be excluded by these requirements may be permitted after review and approval by the Zoning Administrator.
(c) 
Roofing Materials. All accessory structures on a lot shall be of like materials to the primary structure, unless approved by the Zoning Administrator. Corrugated sheets of metal, fiberglass, plastic, or its equivalent may be allowed provided the following is met:
1. 
Only allowed on a lot of three acres or more.
2. 
Minimum of a twelve-inch overhang.
3. 
Minimum of a four-inch fascia.
4. 
Minimum setback from any existing off-premise residential structure shall be 100 feet.
(d) 
Siding Materials. All main buildings and all detached garages located on a lot shall have exterior siding material consisting of weatherproof material such as wood, masonry, concrete, stucco, masonite, vinyl, aluminum, or metal lap. The exterior siding material shall extend to ground level except that, when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
(e) 
Foundation. All dwellings shall have a properly engineered, permanently attached means of support meeting the applicable installation requirements and all applicable building codes. In the event that a manufactured home does not utilize a perimeter load bearing foundation, any space between ground level and siding shall be enclosed with permanent, non-load bearing concrete or masonry having a foundation-like appearance.
(f) 
Minimum Width. The minimum width of the main structure of a dwelling shall be 20 feet.
(g) 
Wheels and Axles. All tow bars, wheels, and axles shall be removed when the dwelling is installed on a residential lot.
(6) 
Moving of Buildings. A permit shall be obtained from the Building Inspector prior to the moving of any building or structure. The applicant shall be a qualified building mover. Application for this permit shall include photographs of the building, site plan showing lot and house dimensions, and required bond.
(a) 
Compliance. Building or structures moved shall conform with the provisions of this chapter for new buildings and structures where deemed practical by the Building Inspector. No building or structure shall be moved in whole or in part to any other location on the same lot or any other lot in the zone district unless every portion of such building or structure which is moved shall conform to the zone district requirements.
(b) 
Conformance with Existing Buildings. The building or structures to be moved shall conform with the existing buildings in the area in which it is to be moved as determined by the Planning and Zoning Commission.
(c) 
Unsafe or Unfit Buildings. No building or structure shall be moved if deemed structurally unsafe by the Building Inspector.
(d) 
Bond Required. Before a permit to move any building or structure is issued by the Building Inspector, the party applying shall give a bond in the sum of $10,000, and liability insurance with good and sufficient sureties to be approved by the Building Inspector and Board conditioned, among other things, that such party will save and indemnify judgments, costs, and expenses which may in any way accrue against the Village and keep the Village harmless against all liabilities, judgments, costs, and expenses in consequence of granting such permit.
(e) 
Conditions of Approval. Every permit to move a building or structure shall state all conditions to be complied with, designate the route to be taken and limit of time for removal.
(f) 
Regulations for Building in Transit. The removal of a building shall be continuous during all hours of the day and at night if the Building Inspector so orders until completed with the least possible obstruction to thoroughfares. Warning lights shall be kept in conspicuous places at each end of the building during the night. The route and time of moving shall be approved in writing by the Administrator.
(g) 
Damage to Streets and Highways. Every person receiving a permit to move a building or structure shall, within one day after reaching its destination, report the fact to the Building Inspector who shall report the same to the Administrator who shall inspect the streets and highways over which the building was moved or cause the same to be done and ascertain their condition. If the removal of the building or structure has caused any damage to the streets or highways over which moved, the building mover shall immediately place them in as good repair as they were before the permit was granted. Upon failure of the building mover to do so within 10 days to the satisfaction of the Administrator, the Administrator shall order the repair of the damage done to such streets or highways and hold sureties of the bond given by the building mover responsible for the payment of same.
(h) 
All conditions as set forth in Section 16.08 shall be met.
(7) 
Home Occupations.
[Amended 9-21-2020 by Ord. No. 2020-12]
(a) 
As defined in this ordinance, home occupations shall be permitted in any residence of any zoning district provided:
1. 
The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.
2. 
The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises.
3. 
No home occupation nor any storage of goods, materials or products connected with a home occupation shall be allowed in accessory buildings, detached garages or outside of the dwelling.
4. 
There shall be no display of products visible in any manner from the outside of the dwelling.
5. 
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.
6. 
The area set aside for home occupations shall not exceed 25% of the total floor area of such residence.
7. 
No advertising display signs shall be permitted.
8. 
The use shall not require additional off-street parking spaces or use of the public right-of-way for clients or customers of the home occupation.
9. 
There shall not be direct sales of products on display shelves or racks, but orders previously made electronically, by telephone or at a sales party, may be filled on the premises and be made available for in-person pickup.
10. 
No motor power other than electrically operated motors shall be used in connection with a home occupation.
11. 
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property.
12. 
No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.
13. 
No commercial telephone directory listing, newspaper, radio or television service shall be used to advertise the location of a home occupation to the general public.
14. 
Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than twice each year, and each sale shall not last more than 72 consecutive hours
(8) 
Kennels. The following provisions shall apply to all kennels located in the Village as either a permitted or conditional use:
(a) 
All kennels shall provide adequate indoor housing for 100% capacity of animals kept on the premises of sufficient construction as to eliminate any noise or odor from leaving the property.
(b) 
Such housing shall be adequately ventilated, cooled, and heated to provide a year-round quality living environment for the animals kept on the property. The adequacy of the ventilation, cooling, and heating required shall be dependent on the breed of animal that is kept on the premises. In the case of multiple breeds the facility may require sectioning to provide differing provisions of ventilation, cooling, and heating.
(c) 
No animals shall be kept in any outdoor facility between the hours of 10:00 p.m. to 7:00 a.m.
(d) 
All outdoor facilities shall be maintained to provide a clean environment for the animals being kept and to eliminate odor from leaving the property and as much as possible onsite.
(e) 
All kennels shall operate within full compliance of Wis. Stats. Ch. 174 "DOGS".
(9) 
Flea Markets and Farmer Markets. The following provisions shall apply to all outdoor flea markets and farmers markets for the sale of products by multiple venders on properties located within the Village:
(a) 
All flea markets and farmers markets require a permit from the Village.
(b) 
Prohibited on residentially zoned properties.
(c) 
Agriculturally zoned properties are limited to agriculture related products.
(d) 
Permits must be applied for a minimum of 30 days prior to the first day of the event.
(e) 
Any single parcel may be permitted for a maximum of 60 individual days in any one calendar year. Events on multiple parcels will count against each parcel's allowable days. Extensions must be reviewed and approved by the Health and Safety Committee and the Board.
(f) 
Signage shall conform to the temporary signage for roadside stands Section 18.17(3)(b)3 except that each vender shall be allowed the on-premise signage.
(g) 
A site plan must be submitted which details all of the following:
1. 
Maximum number of venders on any given day.
2. 
Size of each individual vender area.
3. 
Provisions to ensure safety and security for multiple day events.
4. 
Location and number of sanitary facilities.
5. 
Visitor and vendor parking areas, including capacity.
(h) 
A list of all venders must be submitted to the Village five business days prior to the participation in the event.
(i) 
Temporary vender structures shall be limited to 300 square feet in area and limited to 10 feet maximum side wall height.
(j) 
All venders with consumable products must contact the Brown County Department of Health and be properly permitted (per DHFS 196 and Wis. Stats. Ch. 254).
(k) 
All vender areas shall observe and conform to a ten-foot setback requirement from any side or rear yard.
(l) 
All right-of-way areas with less than 25 feet of setback must restrict access to the right-of-way with fencing or other approved devices.
(m) 
Sale of sexually-orientated products prohibited.
(n) 
Sale of alcohol, tobacco, explosives, hazardous materials, firearms, or fireworks is prohibited.
(o) 
Event times are limited to the hours of 6:00 a.m. to 8:00 p.m.
(p) 
The Village reserves the right to suspend and/or revoke any permit for violations of any condition of approval or any local, county, state, or federal ordinance/code having jurisdiction. The Village reserves the right to exclude any vender and/or event applicant for good cause.
(q) 
Fees will be as set from time to time by resolution of the Board.
(10) 
Roadside Stands. The following provisions shall apply to all roadside stands and stands for the sale of products associated with a national holiday, except fireworks stands, located within the Village:
(a) 
There shall be not more than one roadside stand on any one premises.
(b) 
No such roadside stand shall be more than 300 square feet in floor area and limited to 10 feet maximum height.
(c) 
All roadside stands shall observe and conform to a ten-foot setback requirement from any street right-of-way, front yard, corner side yard, or double frontage.
(d) 
Roadside stands for the purpose of the seasonal sale of fruits, vegetables, and agricultural products shall provide area for a minimum of three off-street parking spaces behind the setback of the zoning district and in conformance to the requirements of Section 18.04(16).
(e) 
Roadside stands for the purpose of the sale of products associated with national holidays, except fireworks stands, shall provide a minimum of six off-street parking spaces behind the setback of the zoning district and in conformance to the requirements of Section 18.04(16).
(f) 
The owner/operator of a roadside stand shall obtain a roadside stand permit from the Building Inspector prior to the establishment and/or operation of any roadside or fireworks stand. The owner/operator shall submit a site plan, drawn to a scale of not less than one inch equals 100 feet, which addresses the above requirements.
(g) 
The Building Inspector shall issue a roadside stand permit for any roadside stand that meets the above requirements for a roadside stand upon receipt of the required site plan and one-time fee of $25. Permits are renewable on a yearly basis provided no changes have been made to the operation of the stand. In the event the roadside stand operation is changed or altered a new permit, site plan, and fee shall be required. The Building Inspector shall make the necessary onsite inspections to determine conformance of all roadside stands with these regulations.
(11) 
Fireworks Stands. The following requirements shall apply to roadside stands for the sale of fireworks located within the Village:
(a) 
Roadside stands for the purpose of the sale of fireworks products shall provide a minimum of six off-street parking spaces behind the setback required for roadside stands and in conformance to the requirements of Section 18.04(16).
(b) 
In addition to Section 18.04(11)(a), fireworks stands shall conform to the requirements of Section 18.04(10)(a), (b), and (c).
(c) 
Roadside stands for the purpose of the sale of fireworks shall be permitted only by conditional use approval in accordance to the requirements of this ordinance. The application for conditional use approval shall be accompanied by a site plan drawn to a scale of not less than one inch equals 100 feet which addresses the above requirements for a fireworks or national holiday stand.
(d) 
The owner/operator of a fireworks stand shall obtain a roadside stand permit from the Building Inspector prior to the establishment or yearly continued operation of a fireworks stand. The Building Inspector shall issue a roadside stand permit for any fireworks stand that has received conditional use approval, meets the above requirements and upon receipt of the appropriate permit fee and provision, by the owner, of proof of insurance on the operation. The Building Inspector and the Suamico Fire Department shall make the necessary on-site inspections to determine conformance of all fireworks stands with these regulations prior to any sales being conducted.
[Amended 5-17-2021 by Ord. No. 2021-06]
(12) 
Area Regulations.
(a) 
Lot size shall comply with the required regulations of the established district.
(13) 
Height Regulations.
(a) 
Except as otherwise provided in this ordinance, the height of any structures hereafter erected, converted, enlarged, or structurally altered shall be in compliance with the regulations established herein for the district in which such structure is located.
(b) 
Churches, schools, hospitals, sanitariums, and other public and quasi-public buildings may be erected to a height not exceeding 60 feet, provided the front, side, and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(14) 
Front, Side, and Rear Yard Regulations.
(a) 
No front yard shall be used for the storage of boats, vehicles, or any other equipment except under the following conditions:
1. 
Licensed vehicular parking on driveways.
2. 
Seasonal recreational equipment (on trailers) on driveways during the normal season for such equipment. Said equipment must be owned by the resident of the property.
(b) 
No accessory building or structure shall be allowed within the front yard unless all of the following apply:
1. 
Actual front yard setback of primary structure is six times greater than zoning requirements.
2. 
Accessory building or structure must maintain a setback of 4/5 of the actual setback of primary structure.
(c) 
Allow an accessory building or structure within a corner side yard. The setback from the right-of-way shall be the same as the front yard setback of the zoning district for the accessory building.
(d) 
No part of a yard or other open space provided around any building for the purpose of complying with the provisions of this ordinance shall be included as part of a yard or other open space required for another building.
(e) 
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 are complied with; and further provided that no accessory building shall extend within the setback line on either street.
(f) 
Detached accessory buildings may be located in the rear yard, or the side yard of a main building provided such accessory building will meet district requirements.
(g) 
Walks and drives extending not more than six inches above the average ground level at their margin, may be located in any yard.
(15) 
Fences, Walls, and Hedges.
(a) 
A fence or wall may be erected, placed, or maintained along a lot line on residentially zoned property or adjacent hereto to a height not exceeding eight feet above the ground level. No fence or wall which is located in a required front or corner side yard shall exceed a height of three feet, except that a security or decorative (no chain-link) fence or wall may extend above that, to a maximum of six feet, provided the portion above three feet in height has an average open space of at least 70% over the length of the fence. Requirements of Subsection (15)(c) still apply.
[Amended 5-17-2021 by Ord. No. 2021-06]
(b) 
No fence or wall shall be erected, placed, or maintained along a lot line on any non-residential zoned property, adjacent to residentially zoned property to a height exceeding eight feet.
(c) 
In any district, no fence, wall, hedge, or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any right-of-way lines or of right-of-way lines projected.
(d) 
The most attractive side of a fence shall face adjoining property.
(16) 
Parking Standards. For all applicable regulations refer to Section 18.18, Off-Street Parking Requirements.
(17) 
Outdoor Solid Fuel Furnaces. Outdoor solid fuel furnaces installed after April 18, 2005, shall require a building permit and meet the following requirements:
(a) 
Outdoor solid fuel furnaces shall be prohibited in all zoning districts except for the following by conditional use permit only:
1. 
Rural Residential.
2. 
Agriculture.
3. 
Agricultural — Farmland Preservation.
4. 
Public Lands and Institutions.
5. 
Industrial 1 and 2.
(b) 
Conditional use regulations.
1. 
No outdoor solid fuel furnace shall be located in a front or corner yard.
2. 
Minimum setback to rear or side yards shall be 100 feet.
[Amended 1-3-2022 by Ord. No. 2022-01]
3. 
The installation and operation shall meet the requirements of the manufacture's installation instructions.
[Amended 1-3-2022 by Ord. No. 2022-01]
4. 
No outdoor solid fuel furnace shall create an undesirable impact upon adjacent property or otherwise create a public nuisance. All outdoor solid fuel furnaces are required to meet emission standards currently required by the Environmental Protection Agency and the Underwriters Laboratories listing.
(c) 
An outdoor solid fuel furnace shall be considered exempt from the total number of accessory structures allowed on a lot.