In addition to the requirements elsewhere in this Chapter, every application for an approval, license, or permit under this Chapter shall include a digital submittal in a PDF or similar electronic format.

Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot.

Any side yard, rear yard, or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

Any lot containing a principal use may also contain incidental uses that are customarily affiliated with but subordinate to the principal use.

(1)

General.

(a)

Accessory Structures and accessory uses are allowable in any district, but not until their Principal Structure is present or under construction. Residential Accessory Structures shall not involve the conduct of any business, trade, or industry except home occupations and professional home offices as defined in this Chapter.

(b)

Accessory Structures are prohibited in the primary street yard.

(c)

Portable storage facilities including shipping containers, portable on demand storage (PODS), store and move (SAM) containers, buses, heavy-duty trucks and their bodies, semi-trailers, freight containers, mobile homes, recreational vehicles and trailers, and any other similar items which are no longer in use for their designated purpose are prohibited from being used as an Accessory Structure.

(2)

R-1 and R-2 Districts.

(a)

No detached garage or Accessory Structure for a single-family or 2-family dwelling shall exceed the square footage of the Principal Structure. For the purpose of accessory buildings and structures, square feet is defined as the habitable floor space as determined by the City's assessment records. Accessory Structures located on properties listed on the Historic Register are exempt form this requirement.

(b)

No more than one ice fishing shack, shanty, or structure may be stored on a residential lot.

(c)

No more than one detached garage and 2 Accessory Structures, not including Transitory Accessory Structures, may be located on a lot.

(d)

The storage of commercial and industrial items, materials, and vehicles is prohibited.

(e)

The storage of materials and vehicles not owned by the owner or occupant of the lot is prohibited.

(1)

Intent. Temporary structures and uses are those that have the potential to create unwanted impacts on nearby properties if allowed to develop simply under the general requirements of this Chapter. All temporary structures and uses are required to meet certain procedural requirements in addition to the general requirements of this Chapter and the requirements of the zoning district in which the subject property is located.

(2)

General regulations for temporary structures.

(a)

Portable storage facilities, as defined in this Chapter, are prohibited, other than as specifically allowable in Subsection (b) below.

(b)

No permit is required for temporary buildings, trailers, and equipment necessary for construction purposes and for the temporary storage of building materials and equipment, for a period not to exceed the duration of such construction, provided a building permit has been issued for a permanent structure and that such temporary structures are not used for living purposes.

(3)

General regulations for temporary uses.

(a)

Any temporary structure required for a temporary use shall comply with the requirements of Subsection (2) above.

(b)

Temporary uses such as food sales, nursery and agricultural stock, carnivals and outdoor commercial events may be permitted in business districts.

(c)

Temporary uses such as Christmas tree sales and real estate field offices may be permitted in business districts.

(d)

The total duration of temporary uses permitted annually within a development area is limited to eight weeks. For the purposes of this Section, a development area is defined to include all lots, outlots and parcels under common ownership which make up the recognizable extent of the development site as determined by the Zoning Administrator.

(4)

Permit Required.

(a)

No temporary structure or use shall be established, developed, altered, constructed, moved, extended, enlarged, continued or changed without first obtaining a Temporary Structure/Use Permit.

(b)

Temporary Uses. A Temporary Structure/Use Permit is required for all temporary uses.

(c)

Temporary Structures. A Temporary Structure/Use Permit is required for all temporary structures to be erected for a period of 15 to 180 cumulative days during a calendar year, with the following exceptions:

1.

No permit is required for temporary structures erected for a period of time not to exceed 14 days during a calendar year.

2.

Any structure erected for a period of 181 or more consecutive days shall comply in all respects with the requirements for a structure other than a temporary structure in the applicable zoning district. (Am. Ord. #04-21)

(5)

Application Requirements. All applications for a Temporary Structure/Use Permit shall be submitted to the Community and Economic Development Department for review on a form provided by the City along with the required application fee as established in the approved fee schedule.

(a)

Temporary Structures. The following application requirements apply to temporary structures:

1.

A description of the proposed structure, including all of the following:

a.

The intended use of the proposed structure.

b.

Type of structure and exterior building materials and colors.

c.

Size of structure, including peak height and floor area.

d.

Location of all entrances, as applicable.

e.

Any additional information as may be required by the Zoning Administrator.

2.

A site map/sketch of the subject property showing all of the following:

a.

All lot dimensions of the subject property and applicable setbacks for the temporary structure.

b.

The proposed location of the temporary structure.

c.

The type, size, and location of all existing structures onsite with all building dimensions shown.

d.

The location and general description of all existing structures located within 200 feet of the proposed temporary structure.

(b)

Temporary Uses. The following application requirements apply to temporary uses:

1.

Temporary uses with a requested duration of less than two weeks and which do not include temporary structures will include a site sketch showing the extent and location of the proposed use.

2.

Temporary use with a requested duration of greater than two weeks or which include the use of temporary structures shall comply with the requirements of Subsection (a) above.

(6)

Approval. Approval of a Temporary Structure/Use Permit shall be by the Zoning Administrator following review of a complete application and payment of the application fee.

(7)

Compliance. Where a temporary structure or temporary use does not comply with the conditions of the permit, the Temporary Structure/Use Permit shall be revoked and the use shall be considered a violation of this Chapter.

(1)

General. The Zoning Administrator, in reviewing zoning permits, may grant modifications to the terms of this Chapter as provided herein.

(2)

Height. The height limitations set forth elsewhere in this Chapter may be exceeded as follows:

(a)

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

(b)

Chimneys; cooling towers; elevator bulkheads; fire towers; monuments; penthouses; stacks; scenery lofts; tanks; water towers; ornamental towers; spires; wireless, television or broadcasting towers; masts or aerials; telephone, telegraph and power poles and lines; microwave radio relay structures; and necessary mechanical appurtenances are hereby excepted from the height regulations of this Chapter and may be erected in accordance with other regulations or ordinances of the City.

(c)

Places of worship, schools, hospitals, sanitariums, and other public and quasi-public buildings may be erected to a height not exceeding 45 feet nor three stories, 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.

(d)

Residences in the residential districts may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.

(e)

Essential services are exempt from the height limitations of this Chapter.

(f)

Communication structures such as radio and televisions transmission and relay towers and observation towers, but excluding mobile towers and amateurs radio towers, shall not exceed in height three times their distance from the nearest lot line.

(g)

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

(h)

Airport Height Limitations in accordance with applicable sections of this Chapter shall supersede any modifications to the height regulations herein allowed.

(3)

Yards. The yard requirements set forth elsewhere in this Chapter may be modified as follows:

(a)

Uncovered stairs, landings and fire escapes may project not more than six feet into any yard but shall not be closer than three feet to any lot line.

(b)

Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.

(c)

Essential Services are exempt from the yard and distance requirements of this Chapter.

(d)

Ramps necessary for providing access to people with disabilities may project into the setback area with the following conditions:

1.

The setback area is the only feasible place to install the ramp on the property.

2.

The projection into the setback area is limited.

3.

The projection does not interfere with public safety.

4.

A Building Permit is issued prior to construction.

(4)

Lots. The lot requirements set forth elsewhere in this Chapter may be modified as follows:

(a)

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.

(b)

Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record on November 3, 1967, such lot may be occupied by one family.

(1)

Statement of Purpose. This Chapter divides the City into districts where the design, use, bulk, and location of buildings and structures are compatible. However, some uses, and in some cases, design, bulk, and building location, have unique characteristics, and therefore cannot be properly allowed as unrestricted permitted uses. The City requires consideration, in each case, of their impact on neighboring land or public facilities, and of the public need for the particular use at a particular location. These uses may be necessary or desirable in a particular district if sufficient consideration is given to their location, development and operation.

(2)

General.

(a)

Conditional uses.

1.

Only those Conditional uses presented in Section 17.104 of this Chapter are allowable by Conditional Use Permit.

2.

When an existing use or structure is classified as a Conditional use at the date of adoption of this Chapter, it shall be considered a legal use without further action of the Plan Commission unless such use is noncompliant with Subsection (b) below.

3.

Changes to or substitution of Conditional uses shall be subject to review and approval by the Plan Commission in accordance with this Chapter.

(b)

Conditions Imposed.

1.

The conditions imposed on a Conditional Use Permit shall be:

a.

Related to the purpose of this Chapter.

b.

Based upon substantial evidence. For the purposes of this section, substantial evidence shall include facts and information, other than merely personal preference or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a Conditional Use Permit and that reasonable persons would accept in support of a conclusion. (Am. Ord. #04-21)

c.

Reasonable and, to the extent practicable, measurable.

(c)

Standards. A Conditional use shall comply fully with the dimensional standards, design standards, site standards, and all other applicable standards of the District within which such use is authorized.

(3)

Basis for Approval. The Plan Commission and Common Council shall consider the effect of granting a Conditional Use Permit upon the health, general welfare, safety and economic prosperity of the City and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area; its physical attractiveness; the movement of traffic; the demand for related services; the possible hazardous, harmful, noxious, offensive or nuisance effects resulting from noise, dust, smoke or odor and other factors; and the City of Waupaca Comprehensive Plan or components thereof, unless such considerations are in conflict with Subsection (b).1 above.

(4)

Procedure.

(a)

A request for Conditional Use Permit shall be submitted in writing to the City Clerk on a form provided by the City. The City Clerk shall promptly refer such petition to the Zoning Administrator, Plan Commission, and Common Council for review and determination. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request including the following:

1.

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

2.

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 is located.

3.

Building, site and operation plans of the proposed use shall be submitted for approval of the Plan Commission. Such plans shall be in sufficient detail to enable the Commission to evaluate the suitability of architectural and landscape treatment; the proper location of the building or buildings on the lot; the satisfactory provision for parking and circulation needs, for drainage and sewage disposal for adequate planting screen where necessary, and for operational control devices where necessary to eliminate noise, dust, odor, smoke, or other objectionable operating condition; and the general compatibility of the proposed use with the area in which it is located.

4.

For areas designated floodland or floodplain, such description shall also include information that is necessary for the Plan Commission and Common Council to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.

5.

A Plat of Survey prepared by a registered land surveyor showing all of the information required under Chapter 236 Wis. Stats., the mean and historic high water lines and floodlands on or within 40 feet of the subject premises and existing structures, paving, and landscaping.

6.

Additional information as may be required by the Zoning Administrator, Plan Commission, or Common Council.

(b)

Review and Recommendation. The zoning Administrator shall review the Application and prepare staff report for the Plan Commission containing a recommendation to approve, conditionally approve, or deny the Conditional Use Permit. Such report shall be submitted as written testimony at the public hearing.

(5)

Hearing. The public hearing shall be held before the Plan Commission as soon as practical pursuant to Section 17.804 of this Chapter. The Plan Commission shall make a recommendation regarding the petition to the Common Council.

(6)

The Common Council may approve, conditionally approve or deny the application and it shall report its decision within 90 days after the filing of the application. The Common Council's decision shall be in writing and shall include an accurate description of the use permitted, of the property on which it is permitted and any and all conditions made applicable thereto.

(7)

Upon approval of a conditional use by the Plan commission the Zoning Administrator shall issue a Conditional Use Permit.

(8)

Recording. When a Conditional use is approved, an appropriate record shall be made of the land use and building permits and such decision shall be applicable solely to the structures, use and property so described.

(9)

Compliance. Where a use does not comply with the conditions of the permit, the Conditional Use Permit shall be revoked and the use shall be considered a violation of this Chapter.

(1)

Zones. All zones established by this Section are as shown on the map dated January 14, 2004, entitled "Height Limitation Zoning Map, Waupaca Municipal Airport, Waupaca, Wisconsin," which is hereby adopted by reference.

(2)

Height Limitation Zones. Except as otherwise provided in this Section, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or location, and no trees shall be allowed to grow to a height in excess of the height limit indicated on the Map referred to in Subsection (1) above.

(3)

Exceptions. The restrictions contained in Subsection (2) above shall not apply to objects which are less than 35 feet in height above ground level at the object site.

(4)

Permit Required. A Height Limitation Zone Permit is required for new structures and the replacement, substantial alteration, or reconstruction of nonconforming structures within the height limitation zone.

(5)

Nonconforming Uses in Height Limitations Zones.

(a)

Not Retroactive. The regulations prescribed above shall not be construed to require the removal, lowering, or other change or alteration of any nonconforming use, or otherwise interfere with the continuance of any nonconforming use, except as provide in Subsection (4) above.

(b)

Changes. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure if the construction or alteration of such was begun prior to the effective date of this Section, and if such was diligently prosecuted.

(c)

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

(6)

Administration. Applications for permits shall be submitted to the Community and Economic Development Department. Applications under this Section are to be reviewed by the Zoning Administrator and shall be granted or denied within 10 days of the date of filing of the applications unless Federal Aviation Administration approval is requested.

(1)

Minimum Required. No building shall be erected, structurally altered or relocated on a lot so as to reduce the landscaped open space of such lot to less than that hereinafter specified by the regulations for that district.

(2)

How Measure. Open space shall consist of all permeable, landscaped areas that provide for the amenities and necessities of light, air, play space, drying yard, garden, lawns, etc., but shall not include parking areas and drives. Crop pasture and wooded land may be included in computing such open area.

(3)

Overlapping. No part of the open space provided for any building shall be included as part of the open space required for another building, except as hereinafter provided for planned development projects.