The schedule of regulations, section 52-40 at the end of the zoning district article is hereby adopted and declared to be part of this chapter and may be amended in the same manner as any other part of this chapter. The regulations listed in such schedule for each district, unless otherwise indicated, shall be minimum requirements in every instance of their application, except as modified by the following provisions.

(Code 1993, § 17.70(1))

The required lot width and area regulations for the construction of a one-family dwelling shall not apply to any lot having less than the required area or width at the time of the adoption of the ordinance from which this chapter is derived or any amendment of this chapter increasing the area, width or depth required for such lot and held at that time in separate ownership from adjoining land, provided the setback regulations of section 52-40 are met.

(Code 1993, § 17.70(2))

(a)

Extensions beyond limit. Penthouses, stage towers, scenery lifts, elevators, bulkheads, clock towers, cupolas, water tanks and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided no such exception shall cover, at any level, more than 25 percent of the area of the roof on which it is located, and no such exception shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the main building.

(b)

Parapet walls or cornices. A parapet wall or cornice solely for ornamental purposes may exceed the height limit established for the district, but shall not exceed five feet.

(c)

Exceptions. The height limitations of this chapter shall not apply to chimneys, church spires, belfries, standpipes, water towers, flag poles, monuments, transmission towers or cables, radio or television antennas or towers.

(Code 1993, § 17.70(3)—(5))

(a)

Structure extensions into front or rear yards. Extensions of a structure into a required front or rear yard shall be permitted as follows:

(1)

By cornices, canopies and similar extensions which are ten feet or more above grade, one foot.

(2)

By open fireproof fire escapes, four feet.

(3)

By eaves, two feet.

(4)

By an enclosed vestibule not to exceed eight feet wide and four feet deep, attached to an existing principal building in R-1 district, provided the platform of such a vestibule does not extend closer than 21 feet to a front property or street line.

(b)

Structure extensions into side yards. Extension of a structure into a required side yard shall be permitted as follows:

(1)

The same provisions shall apply as for extensions into required front and rear yards, except no porch, terrace or outside stairway shall project more than three feet into any required yard lot line and an outside stairway may extend into any required side yard only if same is unroofed and unenclosed above and below the steps thereof.

(2)

An attached garage shall be governed by the requirements in the schedule of regulations, section 52-40 for the principal use the garage is attached to.

(Code 1993, § 17.70(6), (7))

A structure located on a corner lot shall have a side yard on the street that is at least 50 percent greater than the minimum required for parking motor vehicles. Motor vehicles on any front yard shall not be permitted within five feet of the right-of-way line of a street.

(Code 1993, § 17.70(8))

(a)

Definition. For purposes of this section, front yard is defined as any area between the street and main building line.

(b)

It shall be prohibited for any person owning or having control of a motor vehicle or recreational vehicle to park or allow to be parked at any time in the front yard and interior side yard other than on a driveway or parking pad that extends the full length and width of the vehicle. Parking pad and driveways areas shall be maintained in a safe and sanitary condition and shall not contribute to soil erosion. The parking pad and driveway area shall be installed so as to avoid creating standing water conditions. A person shall not park any motor vehicle or recreational vehicle on a corner side yard. The enforcement of this section shall be the responsibility of the building inspector, or any other code enforcement officer.

(Code 1993, § 17.70(9); Ord. No. 2013-11-11-D, § 2, 11-12-2013; Ord. No. 2018-12-11-D, § 1, 12-11-2018; Ord. No. 2022-03-07-D, § 2, 3-15-2022)

(a)

Required buffer strips 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 40 feet in width as measured at right angles to the lot line. Planting 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 with 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 vehicles.

(b)

Required screens and buffers, specified areas. Where property zoned business (North of Jefferson St.; East of Grain Ave.; South of View St.; West of Hugh Dickie Dr.; and other similar areas) abuts a residential district, there shall be provided screens and buffers to reduce the impact of proposed uses on adjacent properties. Buffer yards and screens may be required jointly or separately between the abutting property owners.

(Code 1993, § 17.70(10), (11))

This section permits specific uses in specific districts and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used, except in compliance with the district regulations and with the following performance standards:

(1)

Air pollution. No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor visible smoke of any color equal to or darker than No. 2 on the Ringleman Chart described in the United States Bureau of Mines Information Circular 7718 in any industrial district.

(2)

Fire and explosion hazards. All activity involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(3)

Glare and heat. No activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the general industrial district which may emit direct or sky-reflected glare which shall not be visible outside the district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

(4)

Liquid or solid wastes. No activity shall discharge, onto any land or into any water or public sewer at any point any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; overload the existing municipal utilities; or can injure or damage persons or property.

(5)

Noise and vibrations. There shall be no noise or vibration emanating from the operation which will be audible or discernible to human sensing beyond the boundaries or the immediate site.

(6)

Odors. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises.

(7)

Radioactivity and electrical disturbances. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

(Code 1993, § 17.71)

(a)

Permits. No person shall erect or construct any fence on any premises in the city without first obtaining a permit. Applicant for such permit shall provide a property survey map bearing the seal and signature of a Wisconsin Professional (Registered) Land Surveyor showing the applicant's property ownership line(s) and monuments marking the corners of the property. A sketch showing known lot lines (as evidenced by survey monuments), fence location and design shall accompany the application for such permit. The building inspector shall approve the application before construction.

(b)

Requirements.

(1)

No fence exceeding three feet in height shall be erected, constructed or maintained in front of the setback line for principal buildings on any premises within a residential district.

(2)

Property owners shall locate fences no closer than two feet from the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owners property. This requirement can be waived if a maintenance free fence is installed. A property survey which identifies both the boundaries of the property and the location of the proposed fence is required to obtain a building permit.

Property survey: Property lines that have been determined and defined by a Wisconsin professional land surveyor, marked on the ground by monuments at the property corners and delineated on a signed and sealed map using minimum standards as defined by AE-7 of the Wisconsin Administrative Code.

(3)

On any corner lot where a front or side yard is required or provided, no fence, hedge or other obstruction shall be placed so as to interfere with clear vision from on street to the other across the corner. On reverse corner lot fences up to six feet in height are allowed on the street side yard to equal the established front yard of the property on the key lot directly behind the property to never exceed 15 feet. See traffic visibility provisions in section 52-114.

(4)

No fence exceeding six feet in height shall be erected, constructed or maintained on any premises in a residential zoning district. Security fences are permitted in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing. Fences exceeding six feet in height to a maximum height of eight feet installed for the purpose of providing visual screening for onsite utilities, dumpsters, or similar items may be allowed by the plan commission. Swimming pool fences are covered in section 52-210. Chain link or metal wire fences shall not exceed four feet in height on properties with residential uses.

(5)

No barbed wire or electric fence under six feet in height shall be permitted within the city, except when used for agricultural purposes. Any barbed wire or electric fence over six feet in height shall be approved by the building inspector prior to construction.

(6)

Any fence which exists at the time of the passage of the ordinance from which this chapter is derived, but does not conform with the provisions thereof, shall not be altered or enlarged without making the entire fence conform with the provisions of this section.

(7)

Any fence constructed so as to make it impassible for the reading of gas, electrical and water meters shall have a gate which gives access to them without entering through any building.

(Code 1993, § 17.72(1); Ord. No. 2012-09-07-D, § 1, 9-11-2012; Ord. No. 2017-12-17-D, §§ 2, 3, 12-12-2017; Ord. No. 2021-01-01-D, 1-12-2021; Ord. No. 2021-01-01-D, 1-12-2021; Ord. No. 2024-05-08-D, § 1, 5-28-2024)

No private swimming pool shall hereafter be constructed, altered, remodeled or improved within the city, unless approved and a permit issued by the building inspector.

(1)

Private swimming pool defined. A private swimming pool is a body of water contained in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, capable of containing water exceeding 18 inches in depth and exceeding 600 cubic feet and used or intended to be used solely by the owner or lessee thereof and his family and invited guests. It includes all structures, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.

(2)

Construction requirements. In addition to such other code requirements which may be applicable, no construction permit shall be issued, unless the following construction requirements are to be complied with:

a.

Materials. The private swimming pool shall be built of approved poured concrete or approved masonry construction or of other suitable material approved by the building inspector.

b.

Recirculation system. A satisfactory recirculation and purification system shall be installed and shall at all times be operated while the pool is being used.

c.

Fences.

1.

Required. Every outdoor private swimming pool shall be completely surrounded by a fence or wall not less than five feet in height, which shall be constructed in such a manner so as to exclude uninvited children or animals. Openings, if any, shall not be larger than four inches in any direction. A dwelling house or accessory building may be used as a part of such enclosure. All gates or doors in such enclosure shall be equipped with self-closing and self-latching devices for keeping such gates securely closed when not in actual use.

2.

Modifications. The board of appeals may make modifications in individual cases upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided the protection sought under this section is not reduced.

d.

Drainage. Every private swimming pool shall be provided with suitable drainage and no pool shall be drained onto lands of other property owners.

e.

Special regulation. For above ground pool installations whose exterior walls exceed five feet in height, in lieu of the above fence requirement, a safety ladder or pool cover may be substituted. The pool cover shall be of such design and material that it can be securely fastened and, when in place, support a person weighing 150 lbs. When the pool is not in use, the ladder shall be raised a minimum of five feet above the ground in order to maintain a continuous five feet safety barrier. If the pool is not equipped with a raiseable safety ladder, the ladder shall be detachable so it can be removed from the pool and placed out of reach of small children. Where a raised deck and permanent stairs are part of the pool construction, the stair access shall be controlled by a self-latching and self-closing gate which shall not be left in an open position at any time. The deck shall be constructed so as to maintain a continuous five-foot height or fence safety barrier around the exterior circumference of the pool structure. These requirements shall be subject to inspection and enforcement by the building inspector.

(3)

Building permit issuance. Before any work commences, application for a permit therefor, made as provided in this chapter, and the plans, specifications and pertinent explanatory data shall be submitted to the building inspector, and no work shall be commenced until such permit has been issued by the building inspector and the applicable fee paid by the applicant.

(4)

Use permit required. No private swimming pool for which a building permit has been issued shall be used by the owner, operator or lessee of the same without a use permit from the building inspector, who shall issue such use permit only after he has inspected the swimming pool and ascertained that the same conforms in all respects with the provisions of this chapter, the zoning laws and any other code requirement of the city which is applicable thereto.

(5)

Location. For purposes of this chapter, private swimming pools shall be deemed accessory buildings for purposes of complying with zoning regulations. No swimming pool or pool fence shall restrict the access to any meter reading, such as gas, electrical or water.

(Code 1993, § 17.72(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:

Conventional television or radio antenna means any antenna, other than a satellite television antenna, that is located outside of a main or accessory building.

Satellite television antenna means an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

Usable satellite signal means a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to the picture quality of a signal received from local commercial television stations by way of a television antenna that conforms with the zoning code and all other applicable ordinances of the city.

(b)

Application.

(1)

This section shall govern the erection or construction of all conventional television and radio antennas and satellite television antennas, the erection or construction of which has not been substantially commenced prior to the enactment of this section.

(2)

Whenever the height or other restrictions of this section conflict with restrictions in other ordinances of the city as applied to a particular antenna, the restrictions set out in the ordinance from which this section is derived shall control as to that particular antenna.

(c)

Antenna location.

(1)

No conventional or satellite television or radio antenna which exceed 24 inches in diameter may be placed in the front yard of any lot in the city. For corner lots, such antennas may not be placed in either of the yards that face a street or road.

(2)

Satellite television antennas exceeding 24 inches in diameter may be placed on a lot in the city only in the following manner:

a.

If a usable satellite signal is receivable with the antenna which is located in the rear yard, the antenna may be located only in the rear yard.

b.

If the antenna cannot receive a usable satellite signal in the rear yard, but can receive such a signal while located in a side yard, the antenna may be located only in a side yard. For corner lots, a side yard is only a yard that does not face a street or road.

c.

If the antenna cannot receive a usable satellite signal from either the rear or side yards, the antenna may be located only on the roof of any main or accessory building on the lot.

d.

The board of public works and utilities shall determine whether a signal constitutes a usable satellite signal, based on evidence provided to the board by the person seeking a permit to erect or construct the antenna.

e.

All conventional television and radio antennas and satellite television antennas must be erected or constructed at a location in conformance with the setback requirements of the city zoning code.

f.

No ground mounted conventional television or radio antenna or satellite television antenna may be erected over a sewer pipe or other underground conduit, wire or apparatus. For purposes of this chapter, all conventional television and radio antenna or satellite television antenna shall be deemed an accessory building for purposes of complying with zoning regulations.

(d)

Antenna size and number.

(1)

No ground mounted satellite television antenna may exceed 15 feet in height, as measured from the ground to the highest point of the antenna.

(2)

The diameter of satellite television antennas shall not exceed ten feet.

(3)

At any one time, no lot may have existing or erected more than one satellite television antenna.

(e)

Permit for construction. Before any satellite antenna or any ground-mounted conventional television or radio antenna that will be placed on a tower may be constructed or erected on any lot in the city, the owner or occupant of that lot shall procure a permit from the building inspector. The fee for the permit shall be established by resolution for accessory structures. This section shall not apply to satellite television antennas 24 inches or less in diameter.

(f)

Additional requirements.

(1)

The color of any satellite television antenna shall be such that it blends into its surroundings.

(2)

All ground-mounted conventional television and radio antennas and satellite television antennas shall be landscaped so as to screen them from the view of people on streets and surrounding lots. Screening is not required to be so complete that it interferes with the reception of the antenna.

(3)

All conventional television and radio antennas and satellite television antennas shall be erected in a secure, wind-resistant manner.

(4)

All wiring necessary for the use of the antenna between any ground-mounted antenna and a building or between the building on which the antenna is located and any other building on the lot shall be buried underground. All wiring and grounding shall conform to the state electrical code.

(Code 1993, § 17.72(3))