(1)

Location. Fences and hedges may be erected, placed, or maintained in any yard along or adjacent to a lot line in accordance with the requirements identified in this Section. The owner shall be responsible for ensuring the fences do not cross property lines or otherwise intrude into an adjoining lot.

(2)

Fence orientation. The finished side of the fence shall be erected to face the adjoining property. The side with protruding studs or posts shall face the building of the lot responsible for the erection of the fence.

(3)

Height Measurement. Fence height shall be measured from natural or approved grade. In the case of grade separation, such as the division of properties by a retaining wall, fence or hedge height shall be determined based on measurement from the average point between highest and lowest grade. If the fence or hedge is set back from the retaining wall by a distance of at least four feet, the height shall be measured from the base of the fence or hedge. Berms and retaining walls shall not be used to increase grade relative to screening height.

(4)

Residential Districts.

(a)

Materials.

1.

Fence material must be either naturally resistant or treated wood board, vinyl, galvanized and/or vinyl coated chain link material, wrought iron, brick, natural stone, masonry, or other material as approved by the Zoning Administrator.

2.

Barbed wire, electrical, and single-, double- or triple-strand fences are prohibited.

(b)

Height.

1.

Street Yard.

a.

Screening Fence. The maximum height of a screening fence or screening hedge within a required front or street yard setback (both primary and secondary) shall not exceed four feet in height.

b.

Ornamental Fence. The maximum height of an ornamental fence located in a street yard is four feet if the fence is less than fifty percent opaque, and six feet if the fence is less than twenty percent opaque.

2.

Side and Rear Yards.

a.

Screening Fence. The maximum height of a screening fence or screening hedge within required side yard and rear yard setbacks shall not exceed six feet. Screening fences around swimming pools shall not exceed eight feet.

b.

Ornamental Fence. An ornamental fence or ornamental hedge may exceed six feet in height but shall not exceed eight feet in height.

3.

Boundary Fence. A screening fence or screening hedge of up to eight feet in height may be placed on a district boundary line between a residential district and a nonresidential district or where adjacent to a public utility or public service use. Hedges, shrubbery, trees lines, and other such natural barriers may grow to their natural height.

a.

In the case of grade separation, such as the division of properties by a retaining wall, fence height shall be determined based on measurement from the average point between highest and lowest grade.

(5)

Nonresidential Zoning Districts.

(a)

Height.

1.

Street Yard. The maximum height of a screening fence or screening hedge shall not exceed four feet.

2.

Side and Rear Yards. The maximum height of a screening fence or screening hedge shall not exceed eight feet.

(6)

Exceptions.

(a)

Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction is permitted for a time period consistent with an approved building permit or up to one hundred eighty consecutive days per calendar year.

(b)

Protective security and boundary fences on industrial sites, publicly owned lands, or semi-private lands such as places of worship, educational institutions, utility substations, etc. are excluded from the provisions of this Section, except that where such fences incorporate the use of barbed wire, such barbed wire shall not be less than seven feet above the ground level, and except such fences shall be a minimum of two-thirds open to vision equally distributed throughout the fence length, and maintain allowable height when located within the defined vision corner.

(7)

Maintenance. Both the fence and the property surrounding both sides of the fence shall be properly maintained in good repair to structure and appearance at all times.

(8)

Permit Required. A site plan permit or amendment to an existing site plan permit is required for all fences regulated under this Chapter, except for temporary seasonal fences (e.g., snow fences).

(1)

General. For the purposes of this Chapter, the term 'swimming pool' includes, hot tubs, Jacuzzis, "natural" pools, saunas, spas, and similar such structures.

(2)

Exemptions. Storable swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 24 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this Section.

(3)

Setbacks and other Requirements.

(a)

Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building.

(b)

In no case shall a swimming pool be erected or constructed in a yard adjacent to a street right-of-way.

(c)

All swimming pools shall be at least 10 feet from any lot line or building.

(d)

The pumps and filter equipment may not be closer than 20 feet to a property line and must be adequately housed and muffled.

(4)

Fencing Requirements.

(a)

In-ground pools shall be completely fenced, before filling, by a permanent, sturdy fence, not less than four feet or more than eight feet in height. Access to any such pool shall be through a gate or gates in the fence, equipped with a self-closing, self-latching device placed at a minimum height of three feet above the ground.

(b)

Above-ground pools having a height of less than 3½ feet above ground at any portion of the poolside wall are required to be fenced the same as in-ground pools. When fencing is required, it shall be installed to extend a minimum of four feet beyond any area less than 42 inches high. When the height of a poolside wall is such that a fence will not be required, all ladders, steps or other means of access to an above-ground pool shall be removed and/or designed to prevent access when the pool is unattended.

(5)

Filtration System Required. All private swimming pools must have a filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(6)

Permit Required. A site plan permit or amendment to an existing site plan permit is required for all swimming pools regulated under this Chapter.

(1)

Amateur radio structures and towers and mobile towers are specifically excluded from the requirements that follow.

(2)

All satellite dishes or antennae located in the City of Waupaca shall conform to the following regulations contained herein:

(a)

Satellite dishes no larger than 34 inches in diameter may be located in the street yard. All other satellite dishes shall be located in the side or rear yard only.

(b)

Satellite dishes larger than 34 inches in diameter shall be screened from view from abutting properties and adjoining streets through fencing or vegetation compliant with the applicable requirements of this Chapter.

(c)

No more than one satellite dish per dwelling unit is allowable on a lot.

(1)

Platting Requirements. A subdivision plat or certified survey map shall illustrate the proposed lot line(s), the location of the dwellings or buildable area, required setbacks, easements, and the location of the sanitary sewer and water laterals servicing each side of the duplex the dwellings shall be provided to the City Plan Commission and Common Council for review and approval prior to recording with the County Register of Deeds.

(2)

Maintenance and Drainage Easements. A perpetual easement related to maintenance, eaves, and drainage of at least 5 feet shall be provided on both sides of a zero lot line. With the exception of fences, the required easement shall be kept clear of structures. These easements shall be shown on the face of the subdivision plat or certified survey map and incorporated into each deed transferring title on the property. The exterior building materials shall be of comparable aesthetic quality on all sides of the common wall structure.

(3)

Covenants and Maintenance Agreement. The proposed covenants and maintenance agreements, if applicable, shall be provided to the City Plan Commission and Common Council for review prior to recording with the County Register of Deeds.

(4)

Miscellaneous Documentation. An inspection from the City of Waupaca Building Inspector, or designee, verifying each unit meets the required building code standards outlined in Chapter 14 of the City of Waupaca Code of Ordinances and is served by separate sanitary sewer and water laterals is required.

(1)

Purpose. The purpose of this Section is to regulate by Conditional Use Permit:

(a)

The siting and construction of any new mobile service support structure and facilities.

(b)

With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities.

(c)

With regard to a class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

(2)

Authority. The City Council has the specific authority under Chapters 62.23 and 66.0404, Wis. Stats., to adopt and enforce this Section.

(3)

Definitions. All definitions contained in Chapter 66.0404(1), Wis. Stats., are hereby incorporated by reference.

(4)

Siting and Construction of Any New Mobile Service Support Structure and Facilities.

(a)

Application Process.

1.

A Conditional Use Permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a Conditional use in the City obtainable with this permit. Additional permit applications and approvals may be required.

2.

A Conditional Use Permit application must be completed by any applicant and submitted to the City. The application must contain the following information:

a.

The name and business address of, and the contact individual for, the applicant.

b.

The location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

d.

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

e.

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

f.

If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

3.

A permit application will be provided by the City upon request to any applicant.

4.

If an applicant submits to the City an application for a permit to engage in an activity described in this Chapter, which contains all of the information required under this Chapter, the City shall consider the application complete. If the City does not believe that the application is complete, the City shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

5.

Within 90 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the 90-day period:

a.

Review the application to determine whether it complies with all applicable aspects of the City's building code and this Chapter.

b.

Make a final decision whether to approve or disapprove the application.

c.

Notify the applicant, in writing, of its final decision.

d.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

6.

The City may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described above.

7.

If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the set back or fall zone area required in this Chapter, the Chapter does not apply to such a structure unless the City provides the applicant with substantial evidence that the engineering certification is flawed.

(b)

The fee for the permit is $3,000.00 payable upon submittal of a complete application.

(5)

Class 1 Colocation.

(a)

Application Process.

1.

A Conditional Use Permit is required for a Class 1 collocation. Additional permit applications and approvals may be required.

2.

An application for a Conditional Use Permit must be completed by any applicant and submitted to the City. The application must contain the following information:

a.

The name and business address of, and the contact individual for, the applicant.

b.

The location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

d.

If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

e.

If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

f.

If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

3.

A permit application will be provided by the City upon request to any applicant.

4.

If an applicant submits to the City an application for a permit to engage in an activity described in this Chapter, which contains all of the information required under this Chapter, the City shall consider the application complete. If the City does not believe that the application is complete, the City shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

5.

Within 90 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the 90-day period:

a.

Review the application to determine whether it complies with all applicable aspects of the City's building code and this Chapter.

b.

Make a final decision whether to approve or disapprove the application.

c.

Notify the applicant, in writing, of its final decision.

d.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

6.

The City may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Chapter 17.11.13.E.1.b(6) above.

7.

If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the set back or fall zone area required in this Chapter, the Chapter does not apply to such a structure unless the City provides the applicant with substantial evidence that the engineering certification is flawed.

(b)

The fee for the permit is $3,000.00 payable upon submittal of a complete application.

(6)

Class 2 Colocation.

(a)

Application Process.

1.

A Site Plan Permit is required for a Class 2 collocation. A class 2 colocation is a permitted use in the City.

2.

An application for a Site Plan must be completed by any applicant and submitted to the City. The application must contain the following information:

a.

The name and business address of, and the contact individual for, the applicant.

b.

The location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

3.

A permit application will be provided by the City upon request to any applicant.

4.

A Class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject as per the City Code.

5.

If an applicant submits to the City an application for a permit to engage in an activity described in this Chapter, which contains all of the information required under this Chapter, the City shall consider the application complete. If any of the required information is not in the application, the City shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

6.

Within 45 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the 45-day period:

a.

Make a final decision whether to approve or disapprove the application.

b.

Notify the applicant, in writing, of its final decision.

c.

If the application is approved, issue the applicant the relevant permit.

d.

If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

(b)

The fee for the permit is $500.00 payable upon submittal of a complete application.

(7)

Penalty Provisions. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this Chapter shall, upon conviction, pay a forfeiture of not less than $250.00 nor more than $500.00, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this Chapter. In addition, the City Board may seek injunctive relief from a court of record to enjoin further violations.

Home occupations and professional offices, when incidental to the principal residential use, situated in the same building, and carried on by the residential occupant, are subject to the following conditions:

(1)

Such uses shall not occupy more than 20% of the assessed floor area of the Principal Structure in which it is located.

(2)

Such use shall not employ more than one person not a resident on the premises.

(3)

No such use shall be permitted which normally necessitates the coming of the customer or client to the premises, or customer presence on the premises while the service is being performed, or otherwise generates pedestrian or vehicular traffic incompatible with the rural or residential character of the neighborhood, except for teaching or tutoring academic subjects, or the studios where dancing, music or other art instruction is offered to no more than 2 pupils at one time.

(4)

Any off-street parking area provided shall be maintained reasonably dustless, and adequately screened from adjoining residential properties.

(5)

Such use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel, stone, topsoil, or peat moss for commercial purposes.

(6)

There shall be no exterior indication that the dwelling is being used for any other purpose than a dwelling.

(7)

Such use shall not include the operation of any machinery, tools or other appliances, or the outside storage of materials, or other operational activity which would create offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-rays or electrical disturbances to radio or television instruments, or be otherwise incompatible to the surrounding residential area.

(8)

A name plate not in excess of one square foot in area shall be permitted.

(9)

A home occupation shall not be interpreted to include barber shops, beauty shops, auto repairing, antique shops, restaurants or similar occupations or professions.

(1)

General. Breweries and distilleries shall comply with all other Zoning, Building, Fire, Engineering, Utility and other Municipal Codes, and all applicable State and Federal laws.

(2)

Accessory uses. The following accessory uses shall require a Conditional Use Permit:

(a)

Tasting rooms.

(b)

Retail sales of business merchandise on the brewery and distillery premises

(c)

Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to Chapter 12 of the Municipal Code or as defined in Chapter 13 of the Municipal Code.

(1)

General. Microbreweries and craft distilleries shall comply with all other Zoning, Building, Fire, Engineering, Utility and other Municipal Codes, and all applicable State and Federal laws.

(2)

Quantity.

(a)

A total of not more than 10,000 barrels or 310,000 U.S. gallons of fermented malt beverages shall be manufactured on the premises per calendar year.

(b)

A total of not more than 100,000 proof gallons of intoxicating liquor shall be manufactured on the premises per calendar year.

(3)

Accessory uses. The following accessory uses shall require a Conditional Use Permit:

(a)

Tasting rooms.

(b)

Retail sales of business merchandise on the brewery and distillery premises.

(3)

Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to Chapter 12 of the Municipal Code or as defined in Chapter 13 of the Municipal Code.

(1)

General. Large boutique wineries shall comply with all other Zoning, Building, Fire, Engineering, Utility and other Municipal Codes, and all applicable State and Federal laws.

(2)

Quantity. A total of at least 25,000 U.S. gallons of wine, but less than 100,000 gallons of wine, shall be manufactured on the premises per calendar year.

(3)

Accessory uses. The following accessory uses shall require a Conditional Use Permit:

(a)

Tasting rooms.

(b)

Retail sales of business merchandise on the winery premises.

(4)

Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to Chapter 12 of the Municipal Code or as defined in Chapter 13 of the Municipal Code.

(5)

General. Small boutique wineries shall comply with all other Zoning, Building, Fire, Engineering, Utility and other Municipal Codes, and all applicable State and Federal laws.

(6)

Quantity. A total of not more than 25,000 U.S. gallons of wine shall be manufactured on the premises per calendar year.

(7)

Accessory uses. The following accessory uses shall require a Conditional Use Permit:

(a)

Tasting rooms.

(b)

Retail sales of business merchandise on the winery premises.

(8)

Waste. All solid waste generated on the premises shall be stored and disposed of in a manner that does not cause a public nuisance affecting public health pursuant to Chapter 12 of the Municipal Code or as defined in Chapter 13 of the Municipal Code.

(1)

Small Wind Energy Systems.

(a)

Applicability.

1.

This Section applies to:

a.

New small wind energy systems as defined in this Chapter and in Chapter PSC 128, Wis. Stats.

b.

An expansion of a previously approved wind energy system other than those described in Section 1.b below.

2.

This Section does not apply to the following:

a.

A wind energy system for which construction began before March 1, 2011.

b.

A wind energy system placed in operation before March 1, 2011.

c.

A wind energy system approved by the City before March 1, 2011.

d.

A wind energy system proposed by the owner in an application filed with the City before March 1, 2011.

(b)

Purpose. It is the purpose of this Section to:

1.

Promote the safe, effective, and efficient use of wind energy systems installed to reduce the on-site consumption of utility-supplied energy and/or hot water as a permitted Accessory Use while protecting the health, safety, and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

2.

Oversee the permitting of wind energy systems.

3.

Preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system, per Chapter 66.0401, Wis. Stats., and Chapter PSC 128 Wis. Stats.

(c)

Standards. The installation and operation of a wind energy system shall be subject to the following standards:

1.

Physical Characteristics.

a.

The owner may not display advertising material or signage other than warnings, equipment information, or indicia of ownership on a wind turbine. The owner may not attach any flag, decorative sign, streamers, pennants, ribbons, spinners, fluttering, or revolving devices to a wind turbine. The owner may attach a safety feature or wind monitoring device to a wind turbine.

b.

The owner shall ensure that a wind turbine has a conventional or unobtrusive finish.

c.

The owner shall install lighting at a wind energy system that complies with standards established by the Federal Aviation Administration.

d.

The owner shall use shielding or control systems approved by the Federal Aviation Administration to reduce visibility of any required lighting to individuals on the ground.

e.

The owner shall take appropriate measures to ensure that a wind turbine is not readily climbable except by authorized personnel.

f.

The owner shall ensure that all wind turbine access doors and electrical equipment are locked when authorized personnel are not present.

g.

The owner shall place appropriate warning signage on or at the base of each wind turbine.

h.

The owner shall clearly mark guy wires and supports for a wind energy system, meteorological tower, or other devices for measuring wind speeds so that the wires and supports are visible to low-flying aircraft under fair weather conditions.

i.

The owner shall construct, maintain, and operate collector circuit facilities in a manner that complies with the national electrical safety code and Chapter PSC 114, Wis. Stats., and shall construct, maintain, and operate all wind energy system facilities in a manner that complies with the national electrical code.

2.

Construction, Operation, and Maintenance Standards. The owner shall construct, operate, repair, maintain and replace wind energy system facilities as needed to keep the wind energy system in good repair and operating condition and in a manner that protects individuals from injury.

3.

Setbacks.

a.

A wind energy system shall be setback a distance equal to 100% from the maximum blade tip height from the following:

i.

Occupied community buildings.

ii.

Nonparticipating residences.

iii.

Nonparticipating property lines.

iv.

Overhead communication and electric transmission lines or distribution lines, not including utility service lines to individual houses or outbuildings.

b.

There is no required setback for a wind energy systems from the following:

i.

Participating residences.

ii.

Participating property lines.

iii.

Public road right-of-way.

iv.

Overhead utility service lines to individual houses or outbuildings.

c.

All ground small wind systems may not exceed the maximum Principal Structure height in the underlying zoning district unless otherwise approved by Plan Commission.

4.

Noise.

a.

Hours. In this Section, nighttime hours are the hours beginning at 10:00 p.m. and ending at 6:00 a.m. daily and daytime hours are the hours beginning at 6:00 a.m. and ending at 10:00 p.m. daily.

b.

Planning.

i.

The noise limits in this Section apply at the outside wall of a nonparticipating residence or occupied community building.

ii.

The owner shall design the proposed wind energy system to minimize noise at a residence or occupied community building to the extent reasonably practicable.

iii.

The owner shall design a wind energy system to comply with the noise standards in this Section under planned operating conditions.

c.

Noise Limits.

i.

Except as provided below the owner shall operate the wind energy system so that the noise attributable to the wind energy system does not exceed 50 dBA during daytime hours and 45 dBA during nighttime hours.

ii.

In the event audible noise due to wind energy system operations contains a steady pure tone, such as a whine, whistle, screech, or hum, the owner shall promptly take corrective action to permanently eliminate the noise. This paragraph does not apply to sound the wind energy system produces under normal operating conditions.

d.

Compliance.

i.

If the owner uses sound level measurements to evaluate compliance with this Section at a nonparticipating residence or occupied community building, those measurements shall be made as near as possible to the outside wall nearest to the closest wind turbine, or at an alternate wall as specified by the owner of the nonparticipating residence or occupied community building. The owner may take additional measurements to evaluate compliance in addition to those specified by this Section.

ii.

Upon receipt of a complaint regarding a violation of the noise standards of this Section, the owner shall test for compliance with the noise limits in this Section. The City may not require additional testing if the owner has provided the results of an accurate test conducted within two years of the date of the complaint showing that the wind energy system is in compliance at the location relating to the complaint.

iii.

Upon receipt of a complaint about a noise under this Section, the owner shall use operational curtailment to eliminate the noise until the owner permanently corrects the problem.

e.

Notification.

i.

Before the initial operation of the wind energy system, the owner shall provide notice of the requirements of Chapter PSC 128.14, Wis. Stats., to each adjacent nonparticipating residence or occupied community building before the initial operation of the small wind energy system.

5.

Shadow Flicker.

a.

Planning.

i.

The shadow flicker requirements in this Section apply to a nonparticipating residence or occupied community building that exists when the owner gives notice under Chapter PSC 128.105(1), Wis. Stats., or for which complete publicly-available plans for construction are on file with a political subdivision within 30 days of the date on which the owner gives notice under Chapter PSC 128.105(1), Wis. Stats.

ii.

The owner shall design the proposed wind energy system to minimize shadow flicker at a residence or occupied community building to the extent reasonably practicable.

b.

Shadow Flicker Limits. The owner shall operate the wind energy system in a manner that does not cause more than 30 hours per year of shadow flicker at a nonparticipating residence or occupied community building. If a nonparticipating residence or occupied community-building experiences more than 30 hours per year of shadow flicker under the wind energy system's normal operating conditions, the owner shall use operational curtailment to comply with this Subsection.

6.

Signal Interference.

a.

Except as provided under an approved waiver, the signal interference requirements in this Section apply to commercial communications and personal communications in use when the wind energy system begins operation.

b.

The owner shall use reasonable efforts to avoid causing interference with commercial communications and personal communications to the extent practicable.

c.

The owner may not construct wind energy system facilities within existing line-of-sight communication paths that are used by government or military entities to provide services essential to protect public safety. The City may require an owner to provide information showing that wind turbines and other wind energy system facilities will be in compliance with this paragraph.

7.

Emergency Procedures. The owner shall notify the City of the occurrence and nature of a wind energy system emergency within 24 hours of the wind energy system emergency.

8.

Decommissioning.

a.

The owner of a wind energy system shall decommission and remove the wind energy system when the system is at the end of its useful life.

b.

A wind energy system is presumed to be at the end of its useful life if the wind energy system generates no electricity for a continuous 540-day period.

(d)

Application.

1.

Required contents of application in addition to site plan application contents, as applicable.

a.

Wind energy system description and maps showing the locations of all proposed wind energy facilities.

b.

Technical description of wind turbines and wind turbine sites.

c.

Timeline and process for constructing the wind energy system.

d.

Information regarding anticipated impact of the wind energy system on local infrastructure.

e.

Information regarding noise anticipated to be attributable to the wind energy system.

f.

Information regarding shadow flicker anticipated to be attributable to the wind energy system.

g.

Information regarding the anticipated effects of the wind energy system on parcels adjacent to the wind energy system.

h.

Information regarding the anticipated effects of the wind energy system on airports and airspace.

i.

Information regarding the anticipated effects of the wind energy system on line-of-sight communications.

j.

A list of all state and federal permits required to construct and operate the wind energy system.

k.

Information regarding the planned use and modification of roads within the City during the construction, operation, and decommissioning of the wind energy system, including a process for assessing road damage caused by wind energy system activities and for conducting road repairs at the owner's expense.

l.

A representative copy of all notices issued under this Section and Chapters PSC 128.105(1)(a) and 128.42(1).

m.

Any other information necessary to understand the construction, operation or decommissioning of the proposed wind energy system.

2.

Accuracy of information. The owner shall ensure that information contained in an application is accurate.

3.

Notice to property owners and residents.

a.

On the same day the owner files an application for a wind energy system, the owner shall, under Chapter 66.0401(4)(a)3, Wis. Stats., use commercially reasonable methods to provide written notice of the filing of the application shall be provided only to property owners and residents located adjacent to the small wind energy system. written notice of the filing of the application to property owners and residents located within one mile of the proposed location of any wind energy system facility. The notification shall include all of the following:

i.

A complete description of the wind energy system, including the number and size of the wind turbines.

ii.

A map showing the locations of all proposed wind energy system facilities.

iii.

The proposed timeline for construction and operation of the wind energy system.

iv.

Locations where the application is available for public review.

v.

Owner contact information.

b.

After the City receives an application for a wind energy system, the notice required to be published by the City under Chapter 66.0401(4)(a)1 Wis. Stats., shall include a brief description of the proposed wind energy system and its proposed location, the locations where the application is available for public review, the method and time period for the submission of public comments to the City, and the approximate schedule for review of the application by the City.

4.

Application completeness.

a.

Complete applications.

i.

An application is complete if it meets the requirements of this Chapter and the filing requirements under Chapter PSC 128.30(2) and 128.50 (1), Wis. Stats.

ii.

The City shall determine the completeness of an application, and shall notify the owner in writing of the completeness determination, no later than 45 days after the day the application is filed. An application is considered filed the day the owner notifies the City in writing that all the application materials have been filed and the application fee has been paid. If the City determines that the application is incomplete, the notice provided to the owner shall state the reasons for the determination.

iii.

The owner may file a supplement to an application that the City has determined to be incomplete. There is no limit to the number of times that the owner may re-file an application. For incomplete applications, the owner shall provide additional information as specified in by the Zoning Administrator.

iv.

An additional 45-day completeness review period shall begin the day after the City receives responses to all items identified in the notice.

v.

If the City does not make a completeness determination within the applicable review period, the application is considered to be complete.

b.

Requests for additional information. The City may request additional information necessary to understand the wind energy system after determining that an application is complete. The owner shall provide additional information in response to all reasonable requests. The owner shall respond to all inquiries made subsequent to a determination of completeness in a timely, complete, and accurate manner.

5.

City Review.

a.

Written Decision.

i.

The City shall issue a written decision to grant or deny an application for a wind energy system. The written decision shall include findings of fact supported by evidence in the record. If an application is denied, the decision shall specify the reason for the denial.

ii.

The City shall provide its written decision to the owner and to the commission. The political subdivision shall provide the owner with a duplicate original of the decision.

iii.

The owner shall record the duplicate original of a decision approving an application with the register of deeds for the county in which the wind energy system is located.

b.

Ownership Change. Approval of a wind energy system remains in effect if there is a change in the owner of the wind energy system.

6.

Record of Decision.

a.

Recordkeeping.

i.

The City shall keep a complete written record of its decision-making relating to an application for a wind energy system.

ii.

If the application is denied, the City shall keep the record for at least seven years following the year in which it issues the decision.

iii.

If the application is approved, the City shall keep the record for at least seven years after the year in which the wind energy system is decommissioned.

b.

Record of Contents. The record of a decision shall include all of the following:

i.

The approved application and all additions or amendments to the application.

ii.

A representative copy of all notices issued under Chapters PSC 128.105(1)(a), 128.30(5), and 128.42(1), Wis. Stats.

iii.

A copy of any notice or correspondence that the City issues related to the application.

iv.

A record of any public meeting under Chapter PSC 128.30(6)(c), Wis. Stats., and any hearing related to the application. The record may be an electronic recording, a transcript prepared from an electronic recording, or a transcript prepared by a court reporter or stenographer. The record shall include any documents or evidence submitted by meeting or hearing participants.

v.

Copies of any correspondence or evidentiary material that the City considered in relation to the application, including copies of all written public comments filed under Chapter PSC 128.30(6)(b), Wis. Stats.

vi.

Minutes of any City meetings held to consider or act on the application.

vii.

A copy of the written decision under Chapter PSC 128.32(3)(a), Wis. Stats.

viii.

Other materials that the City prepared to document its decision-making process.

ix.

A copy of any City ordinance cited in or applicable to the decision.

(e)

Modifications to an Approved Wind Energy System.

1.

Material Change.

a.

The owner may not make a material change in the approved design, location or construction of a wind energy system without the prior written approval of the City that authorized the wind energy system, unless the political subdivision automatically approves the material change by taking either of the steps specified in Chapter PSC 128.32(2)(b)1 or 2, Wis. Stats.

b.

The owner shall submit an application for a material change to an approved wind energy system to the City.

2.

Limited Review.

a.

Upon receipt of an application for material change to an approved wind energy system, the City shall consider only those issues relevant to the proposed change.

b.

An application for a material change is subject to Chapters PSC 128.30(1), (3) to (5), (6)(a) and (b), and (7); and 128.31 to 128.34, Wis. Stats.

c.

An application for a material change shall contain information necessary to understand the material change.

d.

The City shall hold a public meeting to obtain comments on and to inform the public about a proposed material change to an approved wind energy system.

(f)

Complaint Process.

1.

Making a Complaint.

a.

An aggrieved person may make a complaint regarding failure by an owner to comply with an obligation under this Chapter.

b.

A complaint shall be made first to the owner of the wind energy system pursuant to a complaint resolution process developed by the owner.

c.

A complainant may petition the City for review of a complaint that is not resolved within 45 days of the day the owner receives the original complaint.

d.

The City's decision is subject to review under Chapter 66.0401(5), Wis. Stats.

(2)

Solar Energy Systems.

(a)

Applicability.

1.

This Section applies to solar energy systems, including photovoltaic and solar thermal systems, constructed after the effective date of this Chapter.

2.

Any upgrade, modification, or structural change to a solar energy system constructed prior to the effective date of this Chapter shall comply with the provisions of Chapter.

(b)

Purpose. It is the purpose of this Section to:

1.

Promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted Accessory Use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

2.

Oversee the permitting of solar energy systems.

3.

Preserve and protect the public health and safety without significantly increasing the cost or decreasing the efficiency of a solar energy system, per Chapter 66.0401, Wis. Stats.

(c)

Standards. The installation and operation of a solar energy system shall be subject to the following standards:

1.

A solar energy system shall be constructed, installed, and operated in conformance with all applicable State and City building codes, and in accordance with Chapters 66.0401, 66.0403, 700.35, and 700.41, Wis. Stats.

2.

A solar energy system shall provide power for the Principal Use and/or Accessory Use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

3.

A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the City acknowledging and approving such connection.

4.

Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, with screening and proper equipment placement, to the extent that doing so does not affect the cost or efficacy of the system, consistent with Wis. Stat. § 66.0401.

5.

Roof-mounted solar energy systems.

a.

A roof-mounted system may be mounted on a Principal Structure or Accessory Structure.

b.

A roof-mounted system, whether mounted on the Principal Structure or Accessory Structure, may not exceed the maximum Principal Structure height or Accessory Structure height specified for the building type in the underlying zoning district.

c.

In no instance shall any part of the solar energy system extend beyond the edge of the roof.

d.

A roof-mounted system shall be located to ensure that any solar glare is directed away from adjacent properties and roads.

6.

Ground-mounted solar energy systems.

a.

A ground-mounted system shall not exceed the maximum building height for Accessory Structures.

b.

The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

c.

A ground-mounted system shall not be placed in any street yard unless otherwise approved by the Zoning Administrator in the case of a flag lot, corner lot or other special lot circumstance.

d.

Solar panels shall be placed such that concentrated solar radiation or solar glare shall not be directed onto nearby properties or roadways.

7.

No adjacent property owners shall be required to remove vegetation or structures that may block sunlight to the solar energy system during the initial installation of a system.

8.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the prevailing sign regulations.

9.

The design of the solar energy system shall conform to applicable industry standards. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an Engineer registered in the State of Wisconsin.

10.

If a solar energy system is defective or is deemed to be unsafe by the Building Inspector, the solar energy system shall be required to be repaired by the Owner to meet federal, state, and local safety standards, or be removed by the property Owner within the time period allowed by the Plan Commission. If the Owner fails to remove or repair the defective or abandoned (out of service for a continuous 540-day period) solar energy system, the City may pursue a legal action to have the system removed at the Owner's expense.

(3)

Geothermal Energy Systems.

(a)

Applicability.

1.

This Section applies to geothermal energy systems constructed after the effective date of the Chapter.

2.

Any upgrade, modification, or structural change to a geothermal energy systems constructed prior to the effective date of this Chapter shall comply with the provisions of this Chapter.

(b)

Purpose. It is the purpose of this Section to:

1.

Promote the safe, effective and efficient use of geothermal energy systems installed to reduce the on-site consumption of utility supplied energy as a permitted Accessory Use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

2.

Oversee the permitting of geothermal systems.

3.

Preserve and protect the public health and safety.

(c)

Standards. The installation and operation of a geothermal energy system shall be subject to the following standards:

1.

A geothermal energy system shall be constructed, installed, and operated in conformance with all applicable State and City building codes, and in accordance with Chapter 280, Wis. Stats.

2.

A geothermal energy system shall conform to applicable industry standards including those of ANSI. Applicants shall submit certificate of compliance demonstrating that the system has been tested and approved by UL or other approved independent testing agency.

3.

Equipment, piping and devices shall not be located in any easement or right-of-way.

4.

Setbacks. Geothermal energy systems shall conform to all setbacks requirements for Accessory Structures and shall:

a.

Be setback a minimum of 75 feet between a vertical geothermal energy system and a personal onsite wastewater treatment system.

b.

Be setback a minimum of 25 feet between a horizontal geothermal energy system and a personal onsite wastewater treatment system.

c.

Not be located closer than 200 feet to a well, except when the well is a private water system well and when the owner is the same for both the water well and the geothermal system, in which case the water well shall not be closer than 75 feet from the geothermal system.

(4)

Electric Vehicle Infrastructure.

(a)

Applicability.

1.

This Section applies to electric vehicle infrastructure located in any nonresidential district.

2.

Charging stations located at single- and two-family dwellings shall be designated as private restricted use only.

(b)

Purpose. The purpose of this Section is to facilitate the use of electric vehicles and to expedite the establishment of a convenient, cost-effective electric vehicle infrastructure that such use necessitates.

(c)

Standards.

1.

Electric vehicle infrastructure shall be accessory to a Principal Use unless the primary use of the parcel, where it then shall be considered in-vehicle sales or service for zoning purposes.

(d)

General requirements for parking.

1.

An electric vehicle charging station space may be included in the calculation for any minimum required parking spaces.

2.

Public electric vehicle charging stations are reserved for parking and charging electric vehicles only.

3.

Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(e)

Lighting. Site lighting shall be provided where an electric vehicle charging station is installed, unless charging is for daytime purposes only.

(f)

Equipment Standards and Protection.

1.

Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards on sidewalks.

2.

Adequate battery charging station protection, such as concrete-filled steel bollards or curbing, shall be used.

3.

The property owner is not restricted from collecting a service fee for the use of an electric vehicle charging station made available to visitors of the property.

(g)

Usage Fees. Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the electric vehicle charging station.

(h)

Signage.

1.

Each electric vehicle charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. For purposes of this Subsection, charging means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment. Restrictions shall be included on the signage, if removal provisions are to be enforced by the property owner.

2.

When a sign provides notice that a parking space is a publicly designated electric vehicle charging station, no person shall park or stand any non-electric vehicle in a designated electric vehicle charging station space. Further, no person shall park or stand an electric vehicle in a publicly designated electric vehicle charging station space when not electrically charging or parked beyond the days and hours designated on the regulatory signs posted. For purposes of this Subsection, "charging," means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment.

(i)

Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.

(1)

General Standards.

(a)

Accessory dwelling units (ADU) are accessory to a Principal Use, which shall be a single-family dwelling.

(b)

ADU located within or attached to a Principal Structure shall have a separate entrance from the structure dwelling.

(c)

A Principal Structure shall be present prior to the commencement of construction of an ADU.

(d)

The principal dwelling or the accessory dwelling unit must be owner-occupied except that a temporary absence of up to 6 months is allowed.

(e)

No more than one accessory dwelling unit may be located on a lot.

(f)

The number of occupants of the accessory dwelling unit shall not exceed one family or 2 unrelated individuals.

(g)

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

(2)

Dimensional Standards. (Am. Ord. #03-23)

(a)

The maximum height of a detached building containing an ADU, including one built above a garage, shall be 35 feet.

(b)

The maximum size of an ADU shall be 75 percent of the Principal Structure's floor area, up to a maximum size of 700 square feet.

(c)

The minimum setback requirements shall be those for accessory building or structures of the underlying zoning district.

(d)

ADU entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.

(3)

Design Standards.

(a)

The appearance or character of the principal building shall not be significantly altered so that its appearance is no longer that of a single-family dwelling.

(b)

The exterior finish material of an ADU shall be substantially consistent with the type, size, and placement of exterior finish material of the principal dwelling.

(c)

The roof pitch of an ADU shall match the predominant roof pitch of the principal dwelling.

(d)

Trim, projecting eaves, and other such architectural accouterment of an ADU shall match those of the principal dwelling.

(e)

Windows of an ADU shall match those in the principal dwelling in proportion (relationship of width to height) and orientation (horizontal or vertical).

(f)

ADU shall comply in all respects with the Wisconsin Uniform Development Code and all other applicable building codes and standards.

(1)

Applicability.

(a)

This Section applies to all amateur radio towers installed after the effective date of this Chapter.

(b)

Any upgrade, modification, or structural change to an antenna or its support structure constructed prior to the effective date of this Chapter that materially alters the size, placement, or appearance of the system shall comply with the provisions of this Chapter.

(2)

Purpose. The purpose of this Section is to recognize and accommodate the federal and state declared interest in promoting and preserving amateur radio operations while protecting the legitimate interests of the general public including:

(a)

Minimizing the unnecessary detriment to the aesthetic quality of the City and its landscape.

(b)

Preserving the character of various neighborhoods within the City.

(c)

Preserving the values of properties within the City.

(d)

Providing for adequate review of designs and installation of facilities that may pose substantial risk of collapse if improperly designed, installed, or maintained.

(e)

Protecting the owner and operator of an amateur radio antenna and neighboring property owners and the public in general from unreasonable risks of injury or property damage from the collapse of a communications tower or communications antenna or from electrical charges generated or conducted by such facilities.

(f)

Assuring that all amateur radio operators have a reasonable opportunity to construct and maintain the equipment and facilities necessary to effectively participate in amateur radio operations.

(3)

Standards. The installation and operation of an amateur radio tower and its antenna and support structure shall be subject to the following standards:

(a)

Compliance. The amateur radio tower and the operation of the amateur radio service using such antenna shall at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission.

(b)

Structure.

1.

The antenna and its support structure are accessory to the Principal Structure.

2.

Not more than one support structure for licensed amateur radio operator shall be allowable on the parcel.

3.

The antenna shall not exceed 70 feet in height above grade measured at the center point of the highest part of the antenna or mast.

4.

An amateur radio tower and its antenna exceeding 70 feet in height above grade measured at the center point of the highest part of the antenna or mast shall require a Conditional Use Permit.

(c)

Location.

1.

An amateur radio tower, including its antenna and support structure, that is designed, engineered, and constructed to fall within the boundaries of the parcel upon which it is sited, including those attached to the Principal Structure, shall comply with the side yard and rear yard setbacks for Accessory Structures in zoning district within which it is located.

2.

All other amateur radio towers, including associated antenna and support structures, shall be setback a distance equal to 100% of its total height from:

a.

Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road.

b.

Any overhead utility lines, unless written permission is granted by the affected utility.

c.

Any property lines, unless written permission is granted from the affected landowner or neighbor.

3.

The amateur radio tower, including its antenna and support structure, shall be located within the Rear Yard or Secondary Street Yard on a double-frontage lot and shall not be located within any required setback.

(d)

Access.

1.

All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

2.

All electrical wires associated with the amateur radio tower and its antenna and support structure shall be located underground.

3.

Anti-climbing measures shall be incorporated into the amateur radio tower and its antenna and support structure as needed, to reduce potential for trespass and injury.

(e)

Lighting. The amateur radio tower and its antenna and support structure shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(f)

Appearance, Color, and Finish. The amateur radio tower and its antenna and support structure shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. The support structure shall comply with the same requirements as Accessory Structures in the zoning district.

(4)

Waiver of Standards. If effective communications cannot be obtained when facilities are in compliance with the regulations set forth herein, the Zoning Administrator may permit a waiver from the height and location requirements of this Section. The waiver request shall:

(a)

Provide technical evidence in the form of a report from a licensed professional engineer familiar with amateur radio operations, or an Extra Class licensed amateur radio operator other than the Owner, that effective communications cannot be obtained by facilities in compliance with the standards.

(b)

Document the minimum reasonable accommodation, in the form of a waiver from these regulations, required in order to permit effective communications.

A Live/Work Unit is an owner occupied mixed-use building compliant with the following:

(1)

All uses.

(a)

A minimum of two means of dedicated egress shall be available for each unit.

(b)

A separate Certificate of Occupancy is required for each residential and nonresidential use of the structure.

(c)

The Certificate of Occupancy is non-transferrable.

(d)

Owner-occupied. The main-level residential use or the main-level nonresidential use shall be owner-occupied.

(2)

Nonresidential Use.

(a)

Only those nonresidential uses listed as a Permitted Use or Conditional use in the B-7 District are permissible.

(b)

A nonresidential use may occupy any level of the structure, however:

1.

No less than 50 percent of the main level shall be dedicated to a nonresidential use.

2.

Such use shall occupy the entirety of the front portion of the structure, but for any entrance exclusive to the residential use. The front portion of the structure shall be that part of the structure abutting the street associated with the primary mailing address of said structure.

3.

No more than five persons not a member of the owner's immediate family shall be engaged in the nonresidential use.

(3)

Residential Use.

(a)

A residential use may occupy any level of the structure, however:

1.

No more than 50 percent of the main level shall be dedicated to a residential use.

2.

Such use shall not occupy the front portion of the structure, but for any entrance exclusive to the residential use. The front portion of the structure shall be that part of the structure abutting the street associated with the primary mailing address of said structure.

(1)

Applicability. A mural is any inscription, artwork, figure, urban wall art, marking, or design that is marked, etched, scratched, drawn, or painted directly on a wall, ceiling, or other permanent surfaces. Painted graphics that are murals, mosaics, or any type of graphic art that are painted or affixed on a wall or fence and do not contain advertising symbols, trademarks, or other references to the premises, products, or services that are provided on the premises where the graphics are located or any other premises, are not signs for the purposes of these regulations. When any graphic (public or private) is installed on other than a wall or fence or contains advertising symbols, trademarks, or other references to the premises, products, or services, such display shall be treated as its appropriate sign classification and must adhere to requirements detailed for that specific sign classification.

(2)

Standards

(a)

Mural permit.

1.

No mural shall be installed on public or private property unless a mural permit has been issued by the Community and Economic Development Department.

2.

Murals shall not be counted towards signage size or quantity maximums (see mural definition).

3.

Zoning Administrator review and recommendation. The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. The Zoning Administrator shall forward a copy of the complete application and evaluation to the Plan Commission.

4.

Plan Commission review and recommendation. The Plan Commission shall review the proposed mural and approve, deny, or modify the application.

(b)

Application requirements. The permit application shall contain, but is not limited to, the following information:

1.

Map showing the location of the proposed mural.

2.

A scale drawing and color photo of the proposed media (canvas) showing the proposed size and placement of the mural.

3.

Example artwork from the artist.

4.

A colored drawing of the proposed mural.

5.

A description of the proposed maintenance schedule includes the time frame for the life of the mural and the method for removal, if applicable. An agreement to uphold the submitted maintenance schedule will be required. Maintenance and repairs will be at the expense of the artist, building owner, and/or commissioner. Any mural that is not maintained per the submitted maintenance schedule or is chipped, peeling, or in any way unsightly, will be required to be removed at the cost of the property owner.

(c)

Design standards.

1.

The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.

2.

The proposed mural is well integrated with the media's design and other elements of the property and enhances the architecture or aesthetics of a building, wall, or other media.

3.

The media (canvas) for such graphics shall be inspected by the City and must be determined to be in good repair. If the selected media (fence or wall) is determined to not be in good repair, repairs shall be required in order for the submission to be approved.

4.

The mural will not have any detrimental effects on the structural integrity of the wall on which it is applied/affixed.

5.

The proposed mural is culturally and historically appropriate and does not contain any political or vulgar messaging.

6.

The graphic shall be produced using high-quality paint to ensure the longevity of the graphic.

7.

The proposed mural shall protect the integrity of the City's Comprehensive Plan and the City's Zoning Code. Any graphic can be denied by the Plan Commission if it is deemed as not in the best interest of the selected parcels district and surrounding landscape.

(1)

Applicability. This Section applies to organizations designed to facilitate the growth and success of entrepreneurial companies through a variety of business support resources and services that could include physical space, capital, coaching, common services, and networking connections.

(2)

Purpose. It is the purpose of this Section to:

(a)

Promote opportunities for small and expanding commercial, manufacturing, services, and technology businesses.

(b)

Support entrepreneurs and grow the economy of the City of Waupaca.

(c)

Oversee the permitting of business incubators.

(d)

Preserve and protect the public health and safety.

(3)

Standards.

(a)

Incubators may be a Principal Structure or Use or accessory to a Principal Structure or Use.

(b)

Uses.

1.

Allowable uses are those deemed by the Plan Commission through the site plan review process to be compatible with the Principal Use and other uses within the incubator.

2.

Uses deemed by the Plan Commission to be incompatible with the Principal Use or any other use within the incubator shall be prohibited.

3.

All uses shall be conducted entirely within a building.

(c)

Dimensional and Design Standards.

1.

Business incubators approved as a Principal Use and/or Structure shall conform to the requirements for Principal Structures in the applicable zoning district.

2.

Business incubators approved as an Accessory Use and/or Structure shall conform to the requirements for Accessory Uses and Structures in the applicable zoning district.

3.

When accessory to a Principal Structure, the façade, roofline, and other architectural accoutrements of a business incubator shall be substantially the same in appearance and use substantially the same materials as the Principal Structure.

(1)

Purpose and Intent. The purpose of this Section is to promote compatible development; stabilize property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve the character and quality of the built environment by maintaining the integrity of those areas which have a discernible character or are of a special historic significance; protect public investments; and protect the natural environment by reducing storm water runoff, sedimentation and erosion, and the destruction of environmentally sensitive areas.

(2)

Permit Required. No person shall commence any use or erect any structure, other than those specifically exempted in this Chapter prior to the issuance of a Site Plan Permit under this Section.

(a)

Site Plan Permits issued by Zoning Administrator. The Zoning Administrator shall issue a Site Plan Permit for:

1.

Single-family and two-family development occurring on individual lots when such lots are not part of a proposed subdivision or mixed-use development.

2.

Single-family and two-family redevelopment occurring on an individual lot.

3.

Any change in use.

4.

Any minor non-residential site plans, minor non-residential site plan amendments, or any other site plan applications that do not significantly affect the overall layout of the lot, use, or surrounding development as determined by the Zoning Administrator or designee.

(b)

Site Plan Permits Issued by Plan Commission. The Plan Commission shall issue Site Plan Permits for all development and redevelopment other than specified in Subsection (a) above or exempted in Subsection (c) below.

(c)

Exemptions

1.

Changes of Use Site Plan that include:

a.

Single-Family Residential to Single-Family Residential

b.

Two-Family Residential to Two-Family Residential

2.

Any other site plans as determined by the Zoning Administrator or designee.

(3)

Principles for all Site Plan Permits. To implement the purposes set forth in this Section 17.39(1), the Plan Commission or Zoning Administrator shall review the site, existing and proposed structures, neighboring uses, utilization of landscaping and open space, parking areas, driveway locations, loading and unloading (in the case of commercial and industrial uses), street and highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operations. The Plan Commission will approve site plans only after determining that:

(a)

The proposed use(s) conform(s) to the uses permitted in that zoning district.

(b)

The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of this Chapter.

(c)

The relative proportion of the scale and mass of a building to neighboring existing buildings, to pedestrians or observers, or to other existing buildings shall be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.

(d)

The visual continuity of roof shapes, rooflines and their contributing elements (e.g., parapet walls, coping and cornices) shall be maintained in building development or redevelopment.

(e)

The proposed use conforms to all use and design provisions and requirements (if any) as found in this Chapter for the specified uses.

(f)

There is a proper relationship between the existing and proposed streets, highways, and sidewalks within the vicinity of the project in order to assure the safety and convenience of pedestrian and vehicular traffic.

(g)

The proposed on-site buildings, structures and entryways are situated and designed to minimize adverse effects upon owners and occupants of adjacent and surrounding properties by providing for adequate design of ingress/egress, interior/exterior traffic flow, pedestrian movement, stormwater drainage, erosion, grading, lighting and parking as specified by this Chapter and any other codes or laws.

(h)

Natural features of the landscape are retained where they can enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes or where they assist in preserving the general safety, health, welfare and appearance of the neighborhood.

(i)

Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by appropriate screening, fencing, landscaping or other mitigating measures as provided or required in this Chapter.

(j)

Land, buildings and structures are readily accessible to emergency vehicles and persons with disabilities.

(k)

The site plan is consistent with the intent and purpose of this Chapter.

(l)

The site plan is consistent with the public goals, objectives, principles, standards, policies and design criteria set forth in the City's adopted comprehensive plan or components thereof.

(4)

Building Design Standards. Change of Use Site Plans are exempt from the requirements in this section.

(a)

Single-family or Two-family Development.

1.

Structures.

a.

The proposed use(s) shall conform to the uses permitted in the applicable Zoning District.

b.

The dimensional arrangement of buildings and structures shall conform to the required area, yard, setback and height restrictions of the Chapter.

c.

The color and appearance of Accessory Structures other than Transitory Accessory Structures shall be compatible with the Principal Structure.

2.

Entries. All structures shall have the main or front entries oriented towards and visible from the street or entrance court.

3.

Porches and Decks. All porches or decks shall be associated with a building entry and be integrated with the building architecture.

4.

Attached Garages.

a.

Garages and garage doors shall be scaled appropriately to the size of the Principal Structure. The main mass of the garage shall be complementary and subordinate to the main mass and positioning of the Principal Structure.

b.

No more than 70% of a street facing building façade shall be made of garage doors. (Am. Ord. #04-21)

(b)

All Other Development.

1.

The façade of multi-family residential, commercial, industrial, governmental, institutional, and recreational buildings which face upon a street right-of-way shall be finished with an aesthetically pleasing material. A minimum of 30% of a façade facing an existing or future street shall be finished with brick, wood, fieldstone, decorative masonry material, decorative glass panels, or decorative precast concrete panels, except where the building style requires a different material. Attractive aluminum or vinyl siding which has the appearance of wood siding, a "brushed" surface or other compatible attractive material may, however, be permitted.

2.

Such finished material shall extend for a distance of at least 20 feet along the sides of the structure. All buildings on multi-frontage and flag lots shall have the required finished façade facing each street.

3.

Since the selection of building colors has a significant aesthetic and visual impact upon the public and neighboring properties, colors shall be selected to be in general harmony with existing neighborhood buildings. The use of bright colors shall be limited and used only as an accent.

4.

Accessory Structures located in a Side yard or Rear Yard shall be built with materials compatible with those of the Principal Structures on the same site.

5.

Accessory Structures located in a Street Yard shall be affixed upon a foundation and shall be constructed of substantially the same materials and be of substantially the same appearance as the Principal Structure.

6.

Outside storage areas for inventory, materials, equipment, supplies, scrap, and other materials utilized in the day-to-day operation of the Principal Use shall be paved as determined by the Plan Commission, and screened from view from public streets with appropriate vegetation or fencing or wall of a material compatible with the Principal Structure and the surrounding area. The Plan Commission may permit the outdoor display of products or merchandise when it makes a finding that such a display is essential to a business or industrial use, such as a landscape-nursery or car-sales business, and attractive periphery landscaping is provided.

7.

Mechanical equipment, such as heating, air-conditioning, and ventilating equipment, at grade-level and on rooftops shall be screened from public view or located in a manner that is unobtrusive.

(5)

Site Design Standards for All Residential and Non-Residential Developments. Change of Use Site Plans are exempt from the requirements in this section. (Am. Ord. #04-21)

(a)

Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical to prevent indiscriminate or excessive earth moving or clearing of property, disfiguration of natural land forms, and disruption of natural drainage patterns.

(b)

Buildings and uses shall provide for safe traffic circulation and safe driveway locations.

(c)

Buildings and uses shall provide adequate parking and loading areas.

(d)

Appropriate buffers shall be provided between dissimilar uses in accordance with this chapter.

(e)

Exterior lighting shall be designed, located, or shielded so as to ensure no spill over onto an adjoining parcel.

(f)

Appropriate erosion control measures and stormwater management practices shall be utilized in all new development.

(g)

Refuse and recycling areas shall be screened by completely enclosing such areas with a fence, wall, or vegetation. A parcel is exempt from this requirement if all of the following are true:

1.

Parcel is located in the B-2 Central Business District.

2.

Parcel abuts an alleyway.

3.

Refuse containers are located in the rear yard or are in close proximity to the alleyway.

(h)

All proposed developments and redevelopments shall comply with the landscaping requirements of this chapter.

(i)

All utilities shall be installed underground.

(6)

Prohibitions for All Developments. Change of Use Site Plans are exempt from the requirements in this section.

(a)

No building shall be permitted if its design or exterior appearance is determined by the Plan Commission to be visually or structurally incompatible with the surrounding neighborhood or landscape.

(b)

No overhead door or loading dock for commercial, manufacturing, institutional or park buildings shall face a public street. The Plan Commission may permit overhead doors and docks to face a public street when it has made a finding that there is no feasible alternative location for such doors or docks and, insofar as is practicable, such doors and docks facing public streets are visually screened.

(c)

No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the City.

(d)

No buildings shall impair the enjoyment or historic attractions of significant historic interest.

(7)

Site Design Standards for Change of Use Site Plans

(a)

All uses that require a Change of Use Site Plan.

1.

The proposed use(s) shall conform to the uses permitted in the applicable Zoning District.

2.

Site shall provide for safe traffic circulation and safe driveway access.

3.

Adequate parking and loading areas shall be provided per Chapter 17.603.

4.

Appropriate landscaping and buffer areas shall be required except where exempt.

5.

All exterior lighting shall be designed, located, or shielded so as to ensure no spillover onto an adjoining parcel.

6.

Refuse and recycling areas shall be screened by completely enclosing such areas with a fence, wall, or vegetation. A parcel is exempt from this requirement if all of the following are true:

a.

The parcel is located in the B-2 Central Business District.

b.

The parcel abuts an alleyway.

c.

The refuse containers are located in the rear yard or are in close proximity to the alleyway.

7.

Any elements of an existing development that are considered contrary to the health and safety of the public shall be required to be altered to ensure public health and safety is maintained.

(8)

Administration.

(a)

Preapplication Consultation. Prior to submitting a site plan for formal review, the developer shall schedule a meeting with the Community and Economic Development Director, Director of Public Works, and Zoning Administrator to discuss the proposed site plan. The developer shall provide a concept site plan for discussion at least three business days prior to the scheduled consultation.

1.

Preapplication consultation is not required for single-family and two-family development/redevelopment occurring on individual lots when such lots are not part of a proposed subdivision or mixed-use development. (Am. Ord. #04-21)

(b)

Applications. Applications shall be submitted to the Community and Economic Development Department.

(c)

Reviews. The Zoning Administrator shall review all site plans submitted under this Section.

(d)

Approvals.

1.

The Zoning Administrator shall approve all site plans submitted under this Section for the following:

a.

Single-family and two-family development occurring on individual lots when such lots are not part of a proposed subdivision or mixed-use development.

b.

Single-family and two-family redevelopment occurring on an individual lot.

2.

The Plan Commission shall approve all other site plans under this Section.

(9)

Plan Data Requirements.

(a)

Plan data for single-family and two-family development occurring on individual lots when such lots are not part of a proposed subdivision or mixed-use development, or for single-family and two-family redevelopment occurring on an individual lot, shall include the following, as applicable.

1.

Existing Lots.

a.

Owner's name and address.

b.

Date of plan submittal.

c.

Lot size.

d.

All building and yard setback lines.

e.

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

f.

Existing and proposed rights-of-way and widths.

g.

Existing and proposed easements for and locations of all utility lines, including sanitary sewers, water mains, storm sewers, other drainage facilities and features, communications lines, electrical lines, natural gas lines and other utilities present on and around the site, as applicable.

h.

Scaled architectural plans illustrating the design and character of proposed structures. (Am. Ord. #04-21)

i.

Other information as may be required by the Zoning Administrator.

2.

Undeveloped Lots. In addition to the requirements above, plan data for development on previously undeveloped lots shall include: (Am. Ord. #04-21)

a.

Site plan drawn on a plat of survey to a recognized engineering scale, scale of drawing, north arrow, and site size information (area in acres or square feet).

b.

Architect, developer, and/or engineer's name and address, as applicable.

(b)

All other development and redevelopment shall include the following, as applicable:

1.

Site plan drawn on a plat of survey to a recognized engineering scale. (Am. Ord. #04-21)

2.

Name of project.

3.

Owner's and/or developer's name and address.

4.

Architect and/or engineer's name and address.

5.

Date of plan submittal.

6.

Scale of drawing, north arrow, and site size information (area in square feet or acres).

7.

Existing and proposed topography shown at contour intervals of two feet or less. Topography shall extend 40 feet onto adjacent property or to the building on the adjacent lot, whichever is greater.

8.

The characteristics of soils related to contemplated specific uses.

9.

All building and yard setback lines.

10.

Where applicable, both the 100 year recurrence interval floodplain and the floodway; environmental corridors and isolated natural resource areas; and wetland areas.

11.

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

12.

Existing and proposed street names.

13.

Existing and proposed rights-of-way and widths.

14.

Existing and proposed easements for and locations of all utility lines, including sanitary sewers, water mains, storm sewers, other drainage facilities and features, communications lines, electrical lines, natural gas lines and other utilities present on and around the site, as applicable.

15.

Proposed stormwater management facilities, including detention/retention areas.

16.

Proposed location and type of all signs to be placed on the site.

17.

Total number and location of parking spaces.

18.

The location and type of all outdoor lighting.

19.

Existing isolated, individual trees and the boundary of woodlands.

20.

Landscape Plan, as defined in this Chapter.

21.

Location of pedestrian sidewalks and walkways, and bicycle lanes or paths.

22.

A graphic outline of any development staging.

23.

Scaled architectural plans, color building elevations, and color perspective drawings and color sketches illustrating the design and character of proposed structures and relevant surrounding structures and properties within 300 feet.

24.

Digital photographic samples of all exterior building materials and colors.

25.

Other plans and data as required by the Zoning Administrator and/or Plan Commission.

(10)

Findings. The Zoning Administrator and Plan Commission shall review the referred plans within a reasonable period of time following their submittal, but not more than 60 days. The Zoning Administrator and Plan Commission shall not approve any plans unless they find after viewing the application that the structure or use, as planned, will not violate the intent and purpose of this Chapter. The Zoning Administrator and Plan Commission will approve said plans only after determining the proposed site development or buildings will not substantially increase the danger of fire, traffic congestion, or otherwise endanger the public health or safety. Upon approval of a Site Plan, the Zoning Administrator shall issue a Site Plan Permit to the Applicant establishing the terms of approval and operation for said permit.

(11)

Validity of Approval, Expiration, and Revisions to Site Plans. A site plan shall become effective upon obtaining approval by the City of Waupaca Plan Commission or Zoning Administrator. The approval of any site plan required by this Section shall remain valid for two years after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction has not commenced. A revision to a site plan may be requested by submitting the changes to the Plan Commission. The Plan Commission or Zoning Administrator may then approve, approve with conditions, or deny the requested revision(s).

(1)

Intent. The purpose of requiring landscaping as an integral element of urban development is to:

(a)

Provide vegetation to visually soften paved areas and buildings.

(b)

Establish positive environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, storm water runoff retardation, improved water quality, noise, glare and heat abatement, and protection from the forces of erosion.

(c)

Buffer uncomplimentary land uses, lessen the impact of high intensity uses, and generally enhance the quality and appearance over the entire site of the project.

(d)

Provide habitat for beneficial animals and insects.

(e)

Improve quality of life for the residents of, and visitors to, the City of Waupaca.

(2)

Principles. Individual lots and conditions will afford distinctive and varied opportunities for landscape treatment. A landscape plan shall consider the preservation of existing, desired vegetation. Mature tree species that provide a substantial canopy shall be retained if possible. Installation of additional plant materials shall augment existing vegetation.

(3)

Administration.

(a)

Site Plans. All site plans submitted in accordance with Section 17.318 of this Chapter, except those listed in Chapter 17.318(8)(a).1 of this Chapter or otherwise determined by the Zoning Administrator, shall include a landscape plan. (Am. Ord. #10-22)

(b)

Application. Applications shall be submitted to the Community and Economic Development Department.

(c)

Reviews. The Zoning Administrator shall review all site plans submitted under this Section.

(d)

Approvals.

1.

The Zoning Administrator shall approve all landscape plans submitted under this Section for single-family and two-family development occurring on undeveloped, individual lots when such lots are not part of a proposed subdivision or mixed-use development.

2.

The Plan Commission shall approve all other landscape plans under this Section.

(4)

Design Criteria.

(a)

Plants shall be spaced to provide optimum growing conditions.

(b)

The location, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as wind, soil, moisture, and sunlight.

(c)

Existing healthy and non-invasive species of trees, shrubs, or woodlands shall be incorporated in a landscape plan, and contribute toward the quantity requirement.

(d)

Diversity of vegetation species is recommended, although the selection of a plant palette shall consider new flora that is compatible with the growing and environmental requirements of existing vegetation.

(e)

Trees or shrubs that are planted immediately adjacent to roadway rights-of-way shall be moderately tolerant of both salt spray and salt absorbed into the soil.

(f)

Canopy trees that are newly installed shall reach a minimum height and spread of 30 feet at maturity (10 years growth) as determined by the American Association of Nurserymen (AAN) Standards. New canopy trees shall have a minimum caliper of two inches at planting.

(g)

Ornamental trees that are newly installed shall reach a typical minimum height of 15 feet at maturity, based on AAN Standards. Ornamental trees shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage, bark, or growth habit. New ornamental trees shall have a minimum caliper of 1.5 inches.

(5)

Plant Material Types and Quantities.

(a)

All plants shall be hardy and within the United States Department of Agriculture (USDA) hardiness zone applicable to the City of Waupaca, Wisconsin (at present, Hardiness Zones 4b and 5a).

(b)

Native or naturalized plant species that provide effective visual screening and benefit wildlife are recommended for consideration in developing a landscape plan. A combination of native and non-native hardy plant species is appropriate.

(c)

All plants shall meet the minimum standards for health, form, and root condition as outlined in the AAN Standards.

(6)

General Requirements. All landscape plans shall contain the following information, as applicable: (Am. Ord. #10-22)

(a)

North Arrow and scale.

(b)

Topographic information based upon U.S. Government datum, and final grading adequate to identify and properly specify planting for areas needing slope protection.

(c)

The location, size, and surface of materials of all structures and parking areas.

(d)

The location, type, size, quantity and botanical name and common name of all proposed landscape materials. The size, grading and condition shall be specified according to American Association of Nurserymen Standards.

(e)

The location, size, and common name of all existing plant materials to be retained on the site.

(f)

Plant materials shall be drawn to a scale to reflect mature sizes.

(g)

Alternate landscaping standards may be approved in special cases where the current landscaping standards cannot be physically met due to redevelopment constraints, right-of-way conflicts, utility conflicts or other similar situations. The City may require adherence to the current landscaping standards to the greatest extent practical.

(7)

District Requirements. (Am. Ord. #10-22)

(a)

Multi-Family Residential Districts.

1.

The developer shall include foundation, garage, driveway, parking lot (including landscaped islands), and yard plantings.

2.

All multi-family residential developments which directly abut single- or two-family residential development, shall install a vegetative buffer. Buffer plants shall be a four-foot minimum height at the time of planting.

3.

The developer shall plant one street tree per 35 feet or portion thereof, of public street frontage.

(b)

Business Districts, other than the B-6 District.

1.

All business and commercial development which directly abuts single- or two-family residential development shall install a vegetative buffer. Buffer plants shall be no less than three feet in height at the time of planting and shall be installed along the full length of the property line.

2.

The developer shall plant one street tree per 35 feet or portion thereof, of public street frontage.

3.

The Plan Commission may require within parking areas landscaped islands at major entrances and other appropriate areas to delineate internal traffic patterns for vehicular and pedestrian movements.

4.

Greenways (appropriate mixture of berms, trees, shrubs, grasses, trails and walkways) shall be installed along frontage roads.

(c)

Industrial Districts.

1.

All industrial development which directly abut other non- industrial uses shall install a vegetative buffer to a four-foot minimum height at the time of planting and shall be installed along the full length of the property line.

2.

The developer shall plant one street tree per 35 feet or portion thereof, of public street frontage.

3.

The Plan Commission may require within parking areas landscaped islands at major entrances and other appropriate areas to delineate internal traffic patterns for vehicular and pedestrian movements.

4.

Greenways (appropriate mixture of berms, trees, shrubs, grasses, trails and walkways) shall be installed along frontage roads.

(d)

Maintenance. Landscaping requirements by this section is intended to be a permanent site improvement. As such, all landscaping shall be continually maintained in a live state. Maintenance shall include periodic and timely watering, irrigation where necessary, replenishment of mulch, weeding, fertilizing, pruning and any other such normally required horticulture activity necessary to keep all landscaping in a healthy, safe and aesthetically pleasing state. Recognizing that over time plants may mature and die or otherwise expire because of natural and unnatural causes, maintenance shall also include the removal and replacement of dead or dying plants. Such replacement shall occur within the same year in which a plant dies, or in the spring planting season of the following year.

(8)

Suggested Plant Species. Pleas refer to the City of Waupaca Recommended Tree and Shrub lists, as applicable.

(9)

Prohibited Landscape Species. The following species are prohibited for use in all landscaping plans in the City of Waupaca due to their ability to invade wild areas, outcompete native species, degrade habitats, and potentially cause extensive ecological damage.

(a)

Trees and shrubs.

1.

Autumn olive

2.

Buckthorn - common, glossy

3.

Cottonwood

4.

Honeysuckle - Amur, Morrow, showy, Tatarian

5.

Japanese barberry

6.

Maple - Amur, Norway

7.

Smooth sumac

8.

White mulberry

(b)

Vines.

1.

American bittersweet

2.

Oriental bittersweet

(c)

Ground covers.

1.

Birds-foot trefoil

2.

Crown vetch

(d)

Flowers.

1.

Dames rocket

2.

Multiflora rose

3.

Purple loosestrife

4.

Yellow iris

(e)

Grasses.

1.

Maiden grass

2.

Reed canary grass

(f)

Aquatic.

1.

Flowering rush

2.

Water hyacinth

3.

Water lettuce

4.

Yellow floating heart

(10)

Preservation of Landscaping. All landscaped areas shall be maintained and preserved in accordance with the approved landscape plan.

(1)

Purpose and Intent. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this Section is to:

(a)

Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history.

(b)

Safeguard the City's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

(c)

Stabilize and improve property values and enhance the visual and aesthetic character of the City.

(d)

Protect and enhance the City's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

(2)

Historic Preservation Commission.

(a)

Membership. A Historic Preservation Commission is hereby created, consisting of seven members. Of the membership, if available in the community, one shall be a registered architect, one shall be an historian, one shall be a licensed real estate broker, one shall be an Alderperson and three shall be citizen members of which one must be a youth. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The Mayor shall appoint the Commissioners subject to confirmation by the Council. Terms shall be for three years except that the term of the Alderperson Commissioner shall be for one year. The appointments, except the Alderperson, shall be staggered the first year with two members for three years, two members for two years and two members for one year.

(b)

Powers and Duties. The Historic Preservation Commission shall have the power, subject to Subsection (5) below, to designate historic structures and historic sites and to recommend designation of historic districts within the City limits. Such designations shall be made based on Subsection (3) below. Historic districts shall be approved by the Council. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this Section.

(3)

Historic Structure, Historic Site, and Historic District Designation Criteria.

(a)

For purposes of this Section, an historic structure, historic site or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the City such as historic structures, sites or districts which:

1.

Exemplify or reflect the broad cultural, political, economic or social history of the Nation, State or community; or,

2.

Are identified with historic personages or with important events in National, State or local history; or,

3.

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction or of indigenous materials or craftsmanship; or,

4.

Are representative of the notable work of a master builder, designer or architect who influenced his/her age; or,

5.

Have yielded, or may be likely to yield, information important to prehistory or history.

(b)

The Historic Preservation Commission shall adopt specific operating guidelines for historic structure, historic site and historic district designation providing such are in conformance with the provisions of this Section.

(4)

Regulation of Construction, Reconstruction, Alteration, and Demolition.

(a)

No owner or person in charge of an historic structure, historic site or structure within an historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the Historic Preservation Commission. Also, unless such certificate has been granted by the Commission, the Building Inspector shall not issue a permit for any such work. No fee shall be paid by the owner to the City when applying for a certificate of appropriateness unless it is necessary to hold a special meeting of the Historic Preservation Commission to act on said application and, in that event, a $25 filing fee shall be paid by the owner to the City.

(b)

Upon filing of any application for a certificate of appropriateness with the Historic Preservation Commission, the Historic Preservation Commission shall approve the application unless:

1.

In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done.

2.

In the case of the construction of a new improvement upon a historic site or within an historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district.

3.

In the case of any property located in an historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this Section and to the objectives and design criteria of the historic preservation plan for said district.

4.

The building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City and the State.

5.

In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.

(c)

If the Historic Preservation Commission determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the certificate. The Historic Preservation Commission shall make this decision within 45 days of the filing of the application.

(d)

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate required for the proposed work.

(e)

Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided that the work involves repairs to existing features of an historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

(f)

Appeals. Should the Historic Preservation Commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Council within 30 days. In addition, if the Historic Preservation Commission fails to issue a certificate, it shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a certificate within the guidelines of this Section.

(g)

Recognition of Historic Structures, Sites and Districts. At such time as an historic structure, site or district has been properly designated, the Historic Preservation Commission, in cooperation with the property owner, may cause to be prepared and erected on such property a suitable plaque declaring that such property is an historic structure, site or district. The property owner shall pay for the plaque if the historic designation is of the owner's structure or site; the City shall pay for the plaque if the designation is of an historic district.

(5)

Procedures.

(a)

Designation of Historic Structures and Historic Sites.

1.

The Historic Preservation Commission may, after notice and public hearing, designate historic structures and historic sites or rescind such designation or recommendation after application of the criteria in Subsection (3) above. At least 10 days prior to such hearing, the Historic Preservation Commission shall notify 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 200 feet of the boundaries of the property affected.

2.

The Historic Preservation Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The Historic Preservation Commission may conduct an independent investigation into the proposed designation or rescission. Within 10 days after the close of the public hearing, the Historic Preservation Commission may designate the property as either an historic structure or an historic site or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the City Clerk and the Building Inspector. The Historic Preservation Commission shall cause the designation or rescission to be recorded, at City expense, in the County Register of Deeds office.

3.

The costs of the proceedings, including publication, witness and recording fees, shall be paid by the property owner if he/she is requesting action by the Historic Preservation Commission. If the City is requesting action by the Historic Preservation Commission, it shall pay the costs of the proceedings.

(b)

Creation of Historic District. For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the City to be designated as historic districts and shall prepare an historic preservation plan for each area. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the City after application of the criteria in Subsection (3) above. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.

(6)

Review and Adoption Procedure.

(a)

Action by Historic Preservation Commission. The Historic Preservation Commission shall hold a public hearing when considering the plan for an historic district. Notice of the time, place and purpose of the public hearing shall be sent by the City Clerk to the Alderperson of the Aldermanic District or Districts in which the historic district is located and owners of record, as listed in the office of the City Assessor, who are owners of the property within the proposed district or are situated in whole or in part within 200 feet of the boundaries of the proposed district. Said notice is to be sent at least 10 days prior to the date of the public hearing. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan.

(b)

Action by the Council. The Council, upon receipt of the recommendations from the Historic Preservation Commission, shall hold a public hearing, notice to be given as noted in subparagraph (a), above, and shall, following the public hearing, either designate or reject the historic district. Designation of the district shall constitute adoption of the plan prepared for the district and direct the implementation of the plan.

(7)

Interim Control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition or removal of a nominated historic structure, historic site or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission or the Council unless such alteration, removal or demolition is authorized by formal resolution of the Council as necessary for public health, welfare or safety. In no event shall the delay be for more than 180 days.

(8)

Violation and Penalties. Any person violating any provision of this Section shall forfeit $50 for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Zoning Administrator or Building Inspector.

(1)

Findings of Fact.

(a)

The Common Council finds that Adult-Oriented Establishments, as defined and otherwise regulated by the City in its Adult-Oriented Licensing and Regulation Ordinance, require special zoning in order to protect and preserve the health, safety, and welfare of the City.

(b)

Based on its review of studies conducted in Phoenix, AZ; Garden Grove, CA; Los Angeles, CA; Whittier, CA; Indianapolis, IN; Minneapolis, MN; St. Paul, MN; Cleveland, OH; Oklahoma City, OK; Amarillo, TX; Austin, TX; Beaumont, TX; Houston, TX; Seattle, WA; and the findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Coleman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976), the Common Council finds that there is convincing evidence that the secondary effects of adult-oriented establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing businesses and surrounding residential areas, and decreased property values.

(c)

The Common Council intends to control the impact of these secondary effects in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and areas.

(d)

It is not the intent of the Common Council to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult-oriented establishments while providing an outlet for First Amendment protected activities.

(e)

In order to minimize and control the secondary effects of adult-oriented establishments upon the City, it is the intent of the Common Council to prevent the concentration of adult-oriented establishments within a certain distance of each other and within a certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult-oriented establishments.

(f)

Based upon its review of materials linking alcohol consumption and high-risk sexual behavior and materials linking alcohol consumption and crimes such as sexual assault, the Common Council finds that a geographic separation of adult-oriented establishments from alcohol beverage licensed premises is warranted.

(2)

Location of First Amendment Protected Adult-Oriented Establishments.

(a)

The First Amendment and other provisions of the United States Constitution, as interpreted by the United States Supreme Court and other courts, require that adult-oriented establishments, as defined and otherwise regulated by the City, are entitled to certain protections, including the opportunity to locate in the City. Therefore, if an adult-oriented establishment license has been granted by the City, and if all the requirements of this Section of the zoning code are met, an adult-oriented establishment shall be an allowed use in the I-2 zoning district and shall be a prohibited use in any other zoning district. No other requirements of the zoning code need be satisfied, but for those required in order to obtain an adult-oriented entertainment license from the City.

(b)

Adult-oriented establishments shall be located at least 1,000 feet from any:

1.

Residential district line, playground lot line, or public park lot line.

2.

Structure used as a residence, place of religious worship, public or private school, or youth facility as defined in the City's Adult-Oriented Establishment Licensing and Regulation Ordinance.

3.

Other structure housing an adult-oriented establishment.

4.

Structure housing an establishment which holds an alcohol beverage license.

(c)

Distance requirements are to be measured in a straight line in any direction regardless of intervening structures, from the structure housing the adult-oriented establishment to the above residential district boundary lines, to the lot line of any lot used for a park, playground, or the lot line of any structure listed in Subsection (2)(b), above.

(d)

The measurements from a structure shall be taken from the farthest point a structure extends in the direction of the measurement, including overhanging roofs or similar projections.

(e)

For adult-oriented establishments located in conjunction with other buildings and clearly separate from other establishments such as in a shopping center, measurements shall be taken from the boundaries of the space occupied by the adult-oriented establishment.

(f)

For any adult-oriented establishment located above ground level in a multistory structure and clearly separate from other establishments within the structure, the distance measurements shall be taken from the ground floor public entrance/exit nearest the adult-oriented establishment (excluding emergency exits).

(g)

A licensed adult-oriented establishment is not disqualified from holding an adult-oriented establishment license by the location subsequent to the grant or renewal of its license of any of the establishments described in Subsection paragraph 2., above, within 1,000 feet of the licensed premises. This provision applies only to the renewal of an existing license and does not apply when an application for a license is submitted after a license for that location has not been renewed or has been revoked.