(1)

AUTHORITY AND PURPOSE. In accordance with the authority granted by § 62.23, Wis. Stats., and for the purpose listed in said Section, the City Council of the City of Waupun, Wisconsin, repeals the Zoning Code Regulations under Chapter 16 of the Municipal Code and adopts this Comprehensive Zoning Ordinance effective as of December 13, 1988. The provisions of this Ordinance shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity, and general welfare of the City of Waupun.

(2)

INTENT. It is the general intent of the Ordinance to regulate and restrict the use and development of all structures, lands, and waters; to regulate and restrict lot coverage, population distribution and density, tree cutting, dredging, and lagooning in shoreland areas and the size and location of all structures, so as to: lessen congestion in, and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic, and other dangers; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; prevent water pollution; protect spawning grounds; fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the City; and implement the City's Comprehensive Plan and plan components. It is further intended to provide penalties for its violation.

(3)

ABROGATION AND GREATER RESTRICTIONS. It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations, or permits previously adopted or issued pursuant to laws; provided, that where this Ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this Ordinance shall govern.

(4)

INTERPRETATION. The provisions of this Ordinance shall be interpreted and applied as minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation of appeal of any other power granted by the Wisconsin Statutes.

(5)

SEVERABILITY. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect the remainder of this Ordinance.

(6)

REPEAL. Chapter 16 of the Municipal Code and all other Ordinances or parts of Ordinances of the City inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed.

(7)

TITLE. This Ordinance shall be known and referred to, or cited as the "Zoning Ordinance, City Of Waupun, Wisconsin."

(8)

EFFECTIVE DATE. This Ordinance shall be effective after a Public Hearing, adoption by the City Council and publication or posting as required by law.

(9)

ZONING DISTRICTS. (Ord. 94-13) Zoning Districts are provided as follows:

(10)

ZONING MAP. The revised official Zoning Map is an integral part of this Ordinance. A copy of this map titled, "Zoning Map, Waupun, Wisconsin" together with a copy of this Ordinance, shall be available in the Building Inspector's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the Map. The district boundaries are the center lines of either streets or alleys unless otherwise shown, and where the designation on the Map indicates that the various districts are approximately bounded by a street or alley, the center line of the street or alley shall be construed to be the district boundary line. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the Map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district. In unsubdivided property, the district boundary shown on the Map shall be determined by Township or Range line, ¼ Sections, and divisions thereof, property lines, by scale, or by dimensions shown on said Map. (Ord. 92-2, 92-9, 92-33, 94-32, 95-09, 95-10, 95-14, 95-21, 95-22, 96-08, 96-09, 96-10, 96-11, 96-13, 96-20, 96-21, 97-18, 97-10, 98-19, 00-03, 01-11, 02-09, 03-07, 05-04, 05-12, 06-05, 06-12, 10-08, 10-10, 12-02, 12-07, 12-11; Ord. No. 14-07, § 1, 10-28-2014; Ord. No. 15-10, § 1, 9-8-2015; Ord. No. 17-07, § 1, 5-23-2017; Ord. No. 19-02, § 1, 6-11-2019; Ord. No. 19-07, § 1, 2019; Ord. No. 19-10, § 1, 12-3-2019; Ord. No. 20-12, § 1, 11-18-2020, Ord. No. 20-13, § 1, 11-18-2020; Ord. No. 21-03, § 1, 5-11-2021; Ord. No. 21-07, § 1, 8-31-2021; Ord. No. 21-09, § 1, 10-12-2021; Ord. No. 21-11, § 1, 12-14-2021; Ord. No. 22-02, § 2, 5-10-2022; Ord. No. 24-005, § 1, 3-26-2024; Ord. No. 24-008, § 1, 6-25-2024)

(11)

GENERAL PROVISIONS. Excepted as otherwise provided:

(a)

Nonconforming Uses and Structures.

(i)

Present Uses of Buildings and Premises. Present uses of buildings and premises may be continued even though they do not conform to the restrictions of this Ordinance. However, structural repairs or alterations of such buildings or premises shall not exceed 50% of their equalized assessed value at the time they become nonconforming unless a building or premises conforming to this Ordinance results. Any nonconforming use that is abandoned for one year shall be discontinued permanently.

(ii)

Existing Nonconforming Uses. The lawful nonconforming use of structure, land, or water existing at the time of the adoption or amendment of this Ordinance may be continued although the use does not conform with the provisions of this Ordinance; however, only the portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this Ordinance. Total lifetime structural repairs or alterations, shall not exceed 50% of the municipality's current assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this Ordinance. Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(iii)

Abolishment or Replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water, shall conform to the provisions of this Ordinance. When a nonconforming use is damaged by fire, explosion, flood, public enemy, or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this Ordinance.

(iv)

Existing Nonconforming Structures. The lawful nonconforming structure existing at the time of the adoption or amendment of this Ordinance may be continued although its size or location does not conform with the lot width, lot area, yard, height, setback, parking and loading, and access provisions of this Ordinance.

Additions and enlargements to existing nonconforming structures are permitted and shall conform with the required building setback lines along streets, water and highways and the yard, height, parking, loading and access provisions of this Ordinance. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by a public sanitary sewer.

Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity, may be reconstructed and insofar as is practicable shall conform with the required building setback lines along streets and highways and the yard, height, parking, loading, and access provisions of this Ordinance. The provisions of this section with respect to reconstruction are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by public sanitary sewer.

Existing nonconforming structures may be moved and insofar as is practicable shall conform with the required building setback lines along streets or highways and the yard, height, parking, loading and access provisions of this section with respect to moving are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by public sanitary sewer.

(v)

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

(b)

Amendments.

(i)

Authority. Pursuant to the provisions of §62.23(7), Wis. Stats., the City Council may, after first submitting the proposal to the Plan Commission for report and recommendation and after notice and public hearing as hereinafter provided, amend the regulation of this Ordinance or change the district boundaries.

(ii)

Initiation of Petition. A proposal to amend the text or change the district mapping of this Ordinance may be initiated by the City Council on its own motion, by recommendation of the Plan Commission, or by petition of one or more property owners.

(iii)

Petitions. Petitions for any change in the district boundaries of amendments to the regulations shall be filed with the Zoning Administrator, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall include the following:

a.

Plot plan drawn to scale of 1" = 100' showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within two hundred feet of the area proposed to be rezoned.

b.

Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned.

c.

Additional information required by the Plan Commission or the City Council.

(iv)

Official Public Hearing. The Plan Commission shall hold a Public Hearing on such petition, after giving a Class 2 notice, under Ch. 985, Wis. Stats., of the proposed amendment, giving an opportunity to any person interested to be heard. Notice of the Public Hearing shall be mailed to the owners of all lands within 100 feet of any part of land included in such proposed change at least 10 days before such hearing. (Ord. 90-12)

(v)

Informal Hearings. Nothing herein shall prevent the Plan Commission from scheduling and holding informal hearings as deemed necessary by the Plan Commission.

(vi)

Referral and Recommendations. The petition shall be referred to the Plan Commission without delay. The Plan Commission shall conduct a study and investigation and where deemed desirable, an informal hearing, and report its recommendation to the City Council within 60 days, unless a longer period is stipulated by the City Council.

(vii)

Action. As soon as possible after such Public Hearing the City Council shall act to approve, modify and approve or disapprove the proposed amendment. The City Council shall not take action without having first heard the recommendation of the Plan Commission provided said recommendations have been timely made.

(viii)

Protest. In case of protest against such change duly signed and acknowledged by the owners of 20% or more of either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such apposite land, such amendment, supplement or change shall not become effective except by the favorable vote of three-fourths of the members of the City Council.

(ix)

Fees. A fee as established annually by the Common Council on the Fee Schedule shall be paid to the Zoning Administrator upon the filing of all petitions for amendment(s) of the Zoning Ordinance.

(c)

Annexation. All territory annexed to the City shall become part of the R-1 District unless the petition for annexation requests the property become a part of another district in which case, recommendation for annexation by the Plan Commission shall specify the Zoning District to which that property will be annexed.

(d)

Compliance.

(i)

No lot shall be occupied by more than one permitted principal building, but in the case of public, institutional, industrial or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the Plan Commission such buildings and uses are compatible.

(ii)

No building or structure shall be erected, reconstructed, structurally altered, enlarged, or moved, nor shall any building, structure, or land be designed or designated for any use other than the uses permitted in the district in which such building, structure or land is located.

(iii)

The provisions of this Ordinance shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted, on a lot which is smaller than required, provided such a lot is separately recorded by deed in the Office of the Register of Deeds prior to date of adoption of December 13, 1988; and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of this Ordinance to conform therewith. All structures erected on such lot must be designed and erected in conformance with the provisions of this Ordinance.

(e)

Reduction of Joint Use. No lot area shall be so reduced that the dimensions and yard requirements imposed by this Ordinance cannot be met. However, where existing lots do not satisfy such requirements, the Board of Appeals may grant a variance.

(f)

Modification.

(i)

No part of yard or other open space provided about any building for the purpose of complying with the provisions of this Ordinance shall be included as a part of a yard or other open space required for another building.

(ii)

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices, and ornamental features which shall not exceed 12 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than 5 feet into a required front or side yard. Fire escape may project in a yard area not more than 5 feet.

(iii)

Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smoke stacks, storage tanks, water towers, ornamental towers, communication towers, electric power transmission towers, masts, or aerials and necessary mechanical appurtenances are exempted from the height regulations of this Ordinance, but are subject to the provisions of the Building Code.

(iv)

Any object which obstructs the vision clearance triangle as set forth in § 16.02(46m) of the Zoning Code of the City of Waupun is prohibited. (Ord. 99-15)

(v)

In required yards or other open areas in all residential districts, the parking or storage of trucks, machinery, unlicensed or junk automobiles, vehicles used for garbage collection or hauling livestock is prohibited. Licensed pick-up trucks or vans of less than a ton and a half capacity are excepted from this provision and may be parked in driveways.

(vi)

Any property owner requesting a variance from the provisions of this Ordinance shall file with such request a written consent to such variance from the affected adjoining property owners, or a statement that such a consent was requested but could not be obtained.

(g)

Swimming Pools. Swimming pools shall be considered an accessory use and shall observe all side yard and rear yard setbacks as required by this Ordinance. All swimming pools with more than 12 inches of water and sides of more than 18 inches shall be fully enclosed by barrier sides or fencing or, in the alterative, shall be equipped with a lockable, powered safety cover that complies with the ASTM F1346-91 specifications, as may be amended from time to time. The safety cover must be fully closed at all times when the pool is not in use. Swimming pool barrier sides or fencing, where not exempt, shall fully surround the pool with a minimum height of 48 inches above ground level, constructed as not to have voids, holes or openings larger than 4 inches in one dimension, and all gates or doors shall be constructed so as to be capable of being locked, and shall be closed and secured so as to prevent unlatching by persons outside the pool at all times when the pool is not in use. Anyone wishing to install a swimming pool must submit a plan or sketch of the installation to the Building Inspector and obtain the appropriate permit(s) prior to proceeding with the installation.

(h)

Community Based Residential Facilities. Community-based residential facilities, formerly known as community living arrangements, must be located at least 2,000 feet from any existing community-based residential facilities, but said distance shall be measured along the center of the public right-of-way or rights-of-way between the community-based residential facilities, on the most direct route possible.

(i)

Storage and Parking of Recreational Vehicles. (Ord. 04-06)

(i)

Parking of recreational vehicles in all residential zoning districts shall be permitted if said vehicles are stored or parked in the side and rear yard and shall not be located within any required front yard setback.

(ii)

At no time shall a recreational vehicle be used for permanent living, sleeping, materials storage or other purpose.

(iii)

No recreational vehicle shall be permanently connected to water, gas electric, or sanitary sewer.

(iv)

The temporary parking of a recreational vehicle within a street front yard shall be allowed for the purpose of loading or unloading, washing or general maintenance, for a period not to exceed 48 consecutive hours.

(j)

Fences. (Ord. 01-08)

(i)

A Building Permit for fences shall be required when any one section exceeds 20 feet in length.

(ii)

Rear or side yard fences may be placed immediately adjacent to, but not across the property lines, and shall be placed so that the most aesthetic side is facing adjoining lots.

(iii)

Fences shall not exceed 72 inches in height, in all but industrial districts. No fence shall be less than 30 inches in height.

(iv)

Fences may be placed or erected in the front yard building setback line provided they do not exceed 4 feet in height and are 90% see-through.

(v)

A fence may encroach upon a vision triangle provided it does not exceed 4 feet in height, is 90% see-through, and does not obstruct the vision of either pedestrians or motorists.

(vi)

Fences may be constructed of wood, wire, metal, stone, or a combination thereof. Wire fences shall be of a mesh or woven design. No single strand wire fences are permitted. No barbed wire shall be used in fence construction.

(vii)

All fences shall be kept in good repair and condition.

(viii)

All fences shall meet the structural and permit requirements of the Building Code.

(ix)

Any person constructing a fence shall be required to contact Digger's Hotline before placing fence posts.

(k)

Accessory Dwelling Units (ADU).

(i)

An accessory dwelling unit is allowed on lots occupied by a single-family dwelling.

(ii)

Accessory dwelling units are subject to all applicable regulations of the zoning district in which it is located, unless otherwise expressly stated in this section.

(iii)

Only one accessory dwelling unit is allowed per lot.

(iv)

An accessory dwelling unit may be created by any one of the following methods.

a.

Converting existing area within the interior of a principal dwelling unit (e.g., attic or basement) to an ADU;

b.

Adding floor area to an existing dwelling unit to accommodate an ADU;

c.

Converting existing area above an attached garage into an ADU;

d.

Constructing a new principal dwelling unit and utilizing one of the options provided in a, b, or c.

(v)

The property owner shall occupy either the principal dwelling unit or the ADU;

(vi)

One off-street parking space shall be provided for the ADU;

(vii)

A Conditional Use Permit is required for an ADU;

(viii)

Only one entrance to a principal dwelling unit containing an accessory dwelling unit may be located on a façade that faces a street unless the principal dwelling unit contained an additional street-facing entrance before the accessory dwelling unit was created.

(ix)

Any exterior changes or additions for an accessory dwelling unit shall be constructed of similar material and shall be architecturally compatible with the principal dwelling unit including but not limited to roof pitch and trim.

(x)

The floor area of an accessory dwelling unit may not exceed fifty percent of the gross floor area of the principal dwelling unit on the subject lot or six hundred fifty square feet, whichever is less. Gross floor area does not include garages, basements areas where the floor-to-ceiling height is less than seven feet, and any other areas of the building where the floor-to-ceiling height is less than five feet or not accessible by a stairway.

(xi)

Prior to establishment of an accessory dwelling unit, the building inspector shall certify that the principal dwelling unit meets applicable building codes, and the accessory dwelling unit shall comply with all applicable building codes.

(xii)

Both the principal dwelling unit and accessory dwelling unit shall be connected to municipal water and sanitary sewer.

(xiii)

Accessory dwelling units shall not be used for short term leases (less than 30 days) or vacation rentals.

(Ord. No. 19-09, § 2, 11-12-2019; Ord. No. 22-02, § 2, 5-10-2022; Ord. No. 23-09, § 8, 11-28-2023)