ESTABLISHMENT OF ZONING DISTRICTS
The area located within the jurisdiction of this title is hereby divided into zoning districts of such number as is necessary to achieve compatibility of land uses within each district, to implement the City of Wausau Comprehensive Plan, and to achieve the other purposes of this title.
For the purpose of this title, all areas within the jurisdiction of this title are hereby divided into the following standard zoning districts.
(Ord. No. 61-5883, § 2, 5-11-2021)
Zoning districts established by this title are shown on the Official Zoning Map of the City of Wausau, which together with all explanatory materials thereon, is hereby made part of this title.
The following rules shall be used to determine the precise location of any zoning district boundary shown on the Official Zoning Map of the City of Wausau:
(1)
Zoning district boundaries shown as following or approximately following the limits of any City, town, or county boundary shall be construed as following such limits.
(2)
Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.
(3)
Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the City of Wausau or Marathon County tax maps shall be construed as following such lines.
(4)
Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.
(5)
Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.
(6)
Zoning district boundaries shown as separated from, any of the features listed in paragraphs (1) through (5), above, shall be construed to be at such distances there from as are shown on the Official Zoning Map.
(7)
Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the Official Zoning Map, the location of the line shall be determined by the Zoning Administrator.
(8)
Land that is annexed into the City of Wausau shall be automatically zoned to the SR-2 Single-family Residential-2 Zoning District unless a concurrent petition to zone the property to another zoning district is submitted, following the procedures in section 23.10.31 of the City's Zoning Ordinance.
(Ord. No. 61-5896, § 2, 12-14-2021)
The following Sections specify the description and purpose of the standard zoning districts established by this title, establish principal and accessory uses permitted by right or as conditional uses, establish bulk, density, and intensity standards, and reference other applicable regulations. Definitions and regulations for land uses are provided in article III. Section 23.03.05 includes a Table of Land Uses indicating which land uses are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory uses, or as temporary uses.
(1)
Intent. This district intended to permit very low-density single family detached residential development at a density of no more than one dwelling unit for every 35 gross acres. This district acts as a "holding zone" to preserve productive agricultural lands in the long-term, protect existing farm operations from encroachment by incompatible uses, promote further investments in farming, and may maintain eligibility for farming incentive programs.
(2)
Principal Uses Permitted by Right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (35-acre lot).
(b)
Single family living arrangement.
(c)
Artisan production shop.
(d)
Commercial animal boarding/daycare.
(e)
Water-related recreation.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Cultivation.
(l)
Community garden.
(m)
Market garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet to two-acre lot).
(b)
Live/work unit.
(c)
Bed and breakfast.
(d)
Vacation rental home.
(e)
Campground.
(f)
Indoor maintenance service.
(g)
Outdoor maintenance service.
(h)
Intensive outdoor activity.
(i)
Indoor institutional.
(j)
Large scale public services and utilities.
(k)
Production greenhouse.
(l)
Indoor food cultivation and farming.
(m)
Indoor storage and wholesaling.
(n)
Outdoor storage and wholesaling.
(o)
Personal storage facility.
(p)
Transit center.
(q)
Airport.
(r)
Heliport.
(s)
Communication tower.
(t)
Large wind energy system.
(u)
Large solar energy system.
(v)
Husbandry.
(w)
On-site agricultural retail.
(x)
Intensive agriculture.
(y)
Agricultural services.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Company cafeteria.
(ii)
Incidental outdoor storage.
(jj)
Satellite dish.
(kk)
Personal antenna and towers.
(ll)
Communication antenna.
(mm)
Small wind energy system.
(nn)
Small solar energy system.
(oo)
Farm residence.
(pp)
Residential stable.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Migrant employee housing.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Garage or estate sale.
(d)
Farmer's market.
(e)
Temporary farm product sales/roadside stand.
(f)
Temporary outdoor sales*.
(g)
Temporary outdoor assembly*.
(h)
Temporary on-site construction storage*.
(i)
Temporary contractor's project office*.
(j)
Temporary on-site real estate sales office*.
(k)
Temporary relocated building.
(l)
Temporary shelter structure.
(m)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (RH-35) Rural Holding District.
*Note: This district is designed to allow the property owner to create one new lot (with a minimum lot area of 20,000 square feet and a maximum lot area of two acres) from a "parent lot" of between one and 70 acres. The new lot may include the existing residence, allowing the rest of the undeveloped original lot to be sold. The required maximum residential density of one dwelling per 35 acres is intended to retain agricultural or other rural uses until urban services are available to enable a zoning map amendment to a development-oriented zoning district.
(Ord. No. 61-5883, § 3, 5-11-2021)
(1)
Intent. This district intended to preserve and enhance existing areas of very low-density single family detached dwellings. Unlike the case for the (RH-35) Rural Holding District, the land use standards for this district permit primarily single-family detached residential development at an approximate density of two dwelling units per acre and a variety of related institutional land uses. It is not oriented to a wide range of agricultural activities. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-2 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Existing two-family land use (as of the adoption of this Code).
(c)
Single family living arrangement.
(d)
Outdoor open space institutional.
(e)
Passive outdoor recreation.
(f)
Active outdoor recreation.
(g)
Essential services.
(h)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(i)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(d)
Indoor institutional.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Communication antenna.
(kk)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (SR-2) Single Family Residential-2 District.
(Ord. No. 61-5883, § 4, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of three dwelling units per acre. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-3 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Existing two-family land use (as of the adoption of this Code).
(a)
Single family living arrangement.
(b)
Outdoor open space institutional.
(c)
Passive outdoor recreation.
(d)
Active outdoor recreation.
(e)
Essential services.
(f)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(g)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as Conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (SR-3) Single Family Residential-3 District.
(Ord. No. 61-5883, § 5, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of five dwelling units per acre. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-5 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Existing two-family land use (as of the adoption of this Code).
(e)
Single family living arrangement.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (SR-5) Single-Family Residential-5 District.
(Ord. No. 61-5883, § 6, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of seven dwelling units per acre. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-7 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(e)
Existing two-family land use (as of the adoption of this Code).
(f)
Single family living arrangement.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(l)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (SR-7) Single Family Residential-7 District.
*Note: This district is designed to allow alleys in the rear of the lot. Minimum alley dimensions are included in the minimum rear setback dimension. For minimum alley dimensions see the City of Wausau Municipal Code title 12.
(Ord. No. 61-5883, § 7, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance subdivisions exclusively for mobile home developments at an approximate density of seven dwelling units per acre. The regulations for Mobile Homes and Mobile Home Parks contained in chapter 16, division 3, of the Wausau Municipal Code shall apply in addition to the requirements of this zoning district. Where there are conflicts between this ordinance and chapter 16, the more restrictive regulations shall apply.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (10,000 square feet).
(b)
Single family dwelling unit (7,000 square feet).
(c)
Mobile home (5,000 square feet).
(d)
Mobile home subdivision or park (five acres).
(e)
Single family living arrangement.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Mobile home subdivision or park (five acres).
(b)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(c)
Communication tower.
(d)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (MH-7) Mobile Home Residential-7 District. (A mobile home that is replacing an existing unit can meet either the following table or the setbacks met by the existing unit, whichever are less restrictive.)
(Ord. No. 61-5883, § 8, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for single family detached and two family attached dwellings at an approximate density of eight dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(a)
Duplex (9,600 square feet).
(b)
Twin house (9,600 square feet).
(c)
Two-flat (7,000 square feet).
(d)
Single family living arrangement.
(e)
Outdoor open space institutional.
(f)
Passive outdoor recreation.
(g)
Active outdoor recreation.
(h)
Essential services.
(i)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(j)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (DR-8) Duplex Residential-8 District.
*When multiple units are located on a single parcel, a minimum lot width of 80 feet and a minimum side yard setback of eight feet is required. When individual units are located on separate parcels, a minimum lot width of 30 feet, a minimum side yard setback of zero feet for the shared wall, and a minimum side yard setback of eight feet is required.
(Ord. No. 61-5883, § 9, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for single family detached and two flat dwellings at an approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(e)
Two flat (7,000 square feet).
(f)
Single family living arrangement.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(l)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (five to eight units per building).
(b)
Multiplex (three to four units per building).
(c)
Multiplex (five to eight units per building).
(d)
Apartment (three to four units per building).
(e)
Apartment (five to eight units per building).
(f)
Boarding house living arrangement.
(g)
Live/work unit.
(h)
Group day care.
(i)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(j)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(k)
Institutional residential (assisted living).
(l)
Transit center.
(m)
Off-street parking lot.
(n)
Communication tower.
(o)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Communication antenna.
(c)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (TF-10) Two Flat Residential-10 District.
(Ord. No. 61-5883, § 10, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for townhome multi-family uses in small buildings oriented to the street, at low densities up to 12 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Duplex (9,600 square feet).
(b)
Twin house (9,600 square feet).
(c)
Two flat (7,000 square feet).
(d)
Townhouse (two to four units per building).
(e)
Single family living arrangement.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (five to eight units per building).
(b)
Multiplex (three to four units per building).
(c)
Multiplex (five to eight units per building).
(d)
Apartment (three to four units per building).
(e)
Apartment (five to eight units per building).
(f)
Boarding house living arrangement.
(g)
Live/work unit.
(h)
Group day care.
(i)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(j)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(k)
Institutional residential (assisted living).
(l)
Transit center.
(m)
Communication tower.
(n)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Communication antenna.
(c)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (TRD-12) Townhome Residential-12 District.
*When multiple units are located on a single parcel, a minimum lot width of 80 feet and a minimum side yard setback of eight feet is required. When individual units are located on separate parcels, a minimum lot width of 30 feet, a minimum side yard setback of zero feet for the shared wall, and a minimum side yard setback of eight feet is required.
**Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(Ord. No. 61-5883, § 11, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small buildings such as multiplexes or apartments at low densities, up to 12 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Duplex (9,600 square feet).
(b)
Twin house (9,600 square feet).
(c)
Two flat (7,000 square feet).
(d)
Townhouse (two to four units per building).
(e)
Multiplex (three to four units per building).
(f)
Apartment (three to four units per building).
(g)
Single family living arrangement.
(h)
Outdoor open space institutional.
(i)
Passive outdoor recreation.
(j)
Active outdoor recreation.
(k)
Essential services.
(l)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(m)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (five to eight units per building).
(b)
Multiplex (five to eight units per building).
(c)
Apartment (five to eight units per building).
(d)
Boarding house living arrangement.
(e)
Live/work unit.
(f)
Group day care.
(g)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(h)
Communication tower.
(i)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
Satellite dish.
(hh)
Personal antenna and towers.
(ii)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(h)
Temporary moving container (residential).
(i)
Temporary outdoor assembly*.
(j)
Temporary on-site construction storage*.
(k)
Temporary contractor's project office*.
(l)
Temporary on-site real estate sales office*.
(m)
Temporary shelter structure.
(n)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (MRL-12) Multi-Family Residential-12 District.
*Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(Ord. No. 61-5883, § 12, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small and mid-sized buildings such as townhomes, multiplexes or apartments at medium densities, up to 20 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (two to four units per building).
(b)
Townhouse (five to eight units per building).
(c)
Multiplex (three to four units per building).
(d)
Multiplex (five to eight units per building).
(e)
Apartment (three to four units per building).
(f)
Apartment (five to eight units per building).
(g)
Apartment (nine to 12 units per building).
(h)
Apartment (13 to 16 units per building).
(i)
Apartment (17 to 20 units per building).
(j)
Single family living arrangement.
(k)
Outdoor open space institutional.
(l)
Passive outdoor recreation.
(m)
Active outdoor recreation.
(n)
Essential services.
(o)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(p)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartment (21 to 36 units per building).
(b)
Boarding house living arrangement.
(c)
Live/work unit.
(d)
Group daycare center.
(e)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(f)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(g)
Institutional residential (assisted living).
(h)
Transit center.
(i)
Communication tower.
(j)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site Structured Parking.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (MRM-20) Multi-Family Residential-20 District.
*Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(1)
Intent. This district intended to create, preserve, and enhance areas for multi-family uses in mid and large-sized buildings such as multiplexes or apartments at higher densities, up to 50 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (two to four units per building).
(b)
Townhouse (five to eight units per building).
(c)
Multiplex (three to four units per building).
(d)
Multiplex (five to eight units per building).
(e)
Apartment (three to four units per building).
(f)
Apartment (five to eight units per building).
(g)
Apartment (nine to 12 units per building).
(h)
Apartment (13 to 16 units per building).
(i)
Apartment (17 to 20 units per building).
(j)
Apartment (21 to 36 units per building).
(k)
Single family living arrangement.
(l)
Outdoor open space institutional.
(m)
Passive outdoor recreation.
(n)
Active outdoor recreation.
(o)
Essential services.
(p)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(q)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartment (37+ units per building).
(b)
Boarding house living arrangement.
(c)
Live/work unit.
(d)
Group daycare center.
(e)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(f)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(g)
Institutional residential (assisted living).
(h)
Transit center.
(i)
Communication tower.
(j)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site Structured Parking.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, Intensity, and Bulk Regulations for the (MRH-50) Multi-Family Residential-50 District.
*Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(1)
Intent. This district is intended to permit both large- and small-scale institutional development including those on single sites within larger areas of both residential and nonresidential zoning districts. Residential uses are intended to occur at an approximate density of one dwelling unit per acre or a density similar to the adjacent zoning districts, whichever is less restrictive. This district avoids the creation of commercial spot zone intrusions in primarily residential or industrial areas where spots of commercial zoning may be incompatible.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Artisan production shop.
(d)
Group daycare center.
(e)
Water-related recreation.
(f)
Indoor institutional.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(l)
Cultivation.
(m)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Physical activity studio.
(b)
Commercial kitchen.
(c)
Indoor maintenance service.
(d)
Large scale public service and utilities.
(e)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(f)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(g)
Institutional residential (assisted living).
(h)
Off-site parking lot.
(i)
Off-site structured parking.
(j)
Communication tower.
(k)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site structured parking.
(hh)
Company cafeteria.
(ii)
Incidental indoor sales.
(jj)
Incidental light industrial.
(kk)
Incidental outdoor storage.
(ll)
Satellite dish.
(mm)
Personal antenna and towers.
(nn)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(c)
Helipad.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23-87 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary Outdoor Sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (I) Institutional District.
(1)
Intent. This district is intended to permit residential development and small-scale commercial uses that are compatible with adjacent residential uses and established neighborhood-level commercial corridors. Residential uses are intended to occur at an approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(e)
Single family living arrangement.
(f)
Twin house (9,600 square feet).
(g)
Two-flat (7,000 square feet).
(h)
Townhouse (two to four units per building).
(i)
Apartments with limited commercial.
(j)
Mixed-use building.
(k)
Live/work unit.
(l)
Office.
(m)
Personal or professional service.
(n)
Indoor sales or service.
(o)
Bed and breakfast.
(p)
Indoor maintenance service.
(q)
Indoor institutional.
(r)
Outdoor open space institutional.
(s)
Passive outdoor recreation.
(t)
Active outdoor recreation.
(u)
Essential services.
(v)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(w)
Cultivation.
(x)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Duplex (9,600 square feet).
(b)
Multiplex (three to four units per building).
(c)
Apartment (three to four units per building).
(d)
Boarding house living arrangement.
(e)
Artisan production shop.
(f)
Physical activity studio.
(g)
Commercial kitchen.
(h)
Restaurants, taverns, and indoor commercial entertainment.
(i)
Outdoor commercial entertainment.
(j)
Drive-through and in-vehicle sales or service.
(k)
Group daycare center.
(l)
Commercial animal boarding/daycare.
(m)
Vacation rental home.
(n)
Large scale public service and utilities.
(o)
Off-site parking lot.
(p)
Off-site structed parking.
(q)
Communication tower.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
Company cafeteria.
(hh)
Incidental outdoor display.
(ii)
Incidental indoor sales.
(jj)
Incidental light industrial.
(kk)
Incidental outdoor storage.
(ll)
Satellite dish.
(mm)
Personal antenna and towers.
(nn)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (NMU) Neighborhood Mixed Use District.
(Ord. No. 61-4057-730, § 1, 1-23-2024
(1)
Intent. This district is intended to permit a wide range of freestanding large and mid-scale office, retail, and service uses that are compatible with the desired community character. Residential uses, industrial, and big box stores are not intended to occur in this district.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Mixed-use building.
(c)
Office.
(d)
Personal or professional service.
(e)
Indoor sales or service.
(f)
Artisan production shop.
(g)
Restaurants, taverns, and indoor commercial entertainment.
(h)
Drive-through and in-vehicle sales or service.
(i)
Group daycare center.
(j)
Indoor maintenance service.
(k)
Indoor institutional.
(l)
Outdoor open space institutional.
(m)
Passive outdoor recreation.
(n)
Active outdoor recreation.
(o)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Outdoor display.
(b)
Physical activity studio.
(c)
Commercial kitchen.
(d)
Outdoor commercial entertainment.
(e)
Commercial animal boarding/daycare.
(f)
Commercial indoor lodging.
(g)
Water-related recreation.
(h)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(i)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(j)
Transit center.
(k)
Off-site parking lot.
(l)
Off-site structured parking.
(m)
Communication tower.
(n)
Cultivation.
(o)
Community garden.
(p)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site Structured Parking.
(hh)
Company cafeteria.
(ii)
Incidental outdoor display.
(jj)
Incidental indoor sales.
(kk)
Incidental light industrial.
(ll)
Incidental outdoor storage.
(mm)
Satellite dish.
(nn)
Personal antenna and towers.
(oo)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(c)
Helipad.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (SO) Suburban Office District.*
(8)
[Additional performance standards.] See article VI for additional performance standards specific to the SO district.
(Ord. No. 61-5883, § 13, 5-11-2021; Ord. No. 61-4057-730, § 2, 1-23-2024)
(1)
Intent. This district is intended to permit a wide range of freestanding large and mid-scale office, retail, service, lodging, and entertainment uses that are compatible with the desired community character along major commercial corridors. Residential uses are intended to occur at an approximate density of up to 36 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Apartments with limited commercial.
(c)
Mixed-use building.
(d)
Live/work unit.
(e)
Office.
(f)
Personal or professional service.
(g)
Indoor sales or service.
(h)
Artisan production shop.
(i)
Physical activity studio.
(j)
Commercial kitchen.
(k)
Restaurants, taverns, and indoor commercial entertainment.
(l)
Drive-through and in-vehicle sales or service.
(m)
Group daycare center.
(n)
Indoor maintenance service.
(o)
Indoor institutional.
(p)
Outdoor open space institutional.
(q)
Passive outdoor recreation.
(r)
Active outdoor recreation.
(s)
Essential services.
(t)
Community living arrangement (one to eighty residents) meeting the requirements of section 23.03.12(7).
(u)
Bed and breakfast.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Outdoor display.
(b)
Outdoor commercial entertainment.
(c)
Commercial animal boarding/daycare.
(d)
Commercial indoor lodging.
(e)
Vehicle sales.
(f)
Vehicle service and repair.
(g)
Water-related recreation.
(h)
Large scale public services and utilities.
(i)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(j)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(k)
Transit center.
(l)
Off-site parking lot.
(m)
Off-site structed parking.
(n)
Communication tower.
(o)
Cultivation.
(p)
Community garden.
(q)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site structured parking.
(hh)
Company cafeteria.
(ii)
Incidental outdoor display.
(jj)
Incidental indoor sales.
(kk)
Incidental light industrial.
(ll)
Incidental outdoor storage.
(mm)
Satellite dish.
(nn)
Personal antenna and towers.
(oo)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(c)
Helipad.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (SMU) Suburban Mixed-Use District.*
(8)
[Additional performance standards.] See article VI for additional performance standards specific to the SMU district.
(Ord. No. 61-5883, § 14, 5-11-2021; Ord. No. 61-4057-730, § 3, 1-23-2024)
(1)
Intent. This district is intended to permit areas, generally on established commercial corridors, that are or are planning to become mixed use in character and establish standards that are compatible with the existing mix of land uses and redevelopment objectives. This district is intended to provide for a variety of employment, retail, and community service opportunities, while allowing some residential uses at an approximate density of up to 36 dwelling units per acre. Residential uses should not become the majority ground floor land use in this district. As of the adoption of this Code, any existing single-family or two-family use on a parcel zoned Urban Mixed-Use is a legal conforming land use. Uses shall be compatible not only with other uses within the district, but land uses in adjoining zoning districts as well.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Existing single-family or two-family land use (as of the adoption of this Code).
(b)
Townhouse two to four units.
(c)
Townhouse five to eight units.
(d)
Multiplex three to four units.
(e)
Multiplex five to eight units.
(f)
Apartments three to four units.
(g)
Apartments five to eight units.
(h)
Apartments nine to 12 units.
(i)
Apartments 13 to 16 units.
(j)
Apartments 17 to 20 units.
(k)
Single family living arrangement.
(l)
Apartments with limited commercial.
(m)
Mixed-use building.
(n)
Live/work unit.
(o)
Office.
(p)
Personal or professional service.
(q)
Indoor sales or service.
(r)
Artisan production shop.
(s)
Physical activity studio.
(t)
Commercial kitchen.
(u)
Restaurants, taverns, and indoor commercial entertainment.
(v)
Drive-through and in-vehicle sales or service.
(w)
Group daycare center.
(x)
Indoor maintenance service.
(y)
Water-related recreation.
(z)
Indoor institutional.
(aa)
Outdoor open space institutional.
(bb)
Passive outdoor recreation.
(cc)
Active outdoor recreation.
(dd)
Essential services.
(ee)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(ff)
Bed and breakfast.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartments 21 to 36 units.
(b)
Roommate living arrangement (four+ units).
(c)
Boarding house living arrangement.
(d)
Outdoor display.
(e)
Outdoor commercial entertainment.
(f)
Commercial animal boarding/daycare.
(g)
Commercial indoor lodging.
(h)
Vehicle sales.
(i)
Vehicle service and repair.
(j)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(k)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(l)
Institutional residential (assisted living).
(m)
Production greenhouse.
(n)
Indoor food cultivation and farming.
(o)
Transit center.
(p)
Off-site parking lot.
(q)
Off-site structured parking.
(r)
Communication tower.
(s)
Cultivation.
(t)
Community garden.
(u)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-site structured parking.
(hh)
Company cafeteria.
(ii)
Incidental outdoor display.
(jj)
Incidental indoor sales.
(kk)
Incidental light industrial.
(ll)
Incidental outdoor storage.
(mm)
Satellite dish.
(nn)
Personal antenna and towers.
(oo)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (UMU) Urban Mixed-Use District.
(Ord. No. 61-5883, § 15, 5-11-2021; Ord. No. 61-4057-730, § 4, 1-23-2024)
(1)
Intent. This district is intended to permit both large- and small-scale established commercial and institutional development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. The district is also intended to act as a buffer between the historic and high-rise characteristics of the Central Business District and the lower-density residential neighborhoods surrounding it, however minimum height, maximum parking, and minimum setbacks will be required. These requirements will facilitate higher density development than the existing buildings within the district. Residential uses are intended to occur at a minimum approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartments nine to 12 units.
(b)
Apartments 13 to 16 units.
(c)
Apartments 17 to 20 units.
(d)
Apartments 21 to 36 units.
(e)
Apartments 37+ units.
(f)
Single family living arrangement.
(g)
Apartments with limited commercial.
(h)
Mixed-use building.
(i)
Live/work unit.
(j)
Office.
(k)
Personal or professional service.
(l)
Indoor sales or service.
(m)
Artisan production shop.
(n)
Physical activity studio.
(o)
Commercial kitchen.
(p)
Restaurants, taverns, and indoor commercial entertainment.
(q)
Group daycare center.
(r)
Indoor maintenance service.
(s)
Indoor institutional.
(t)
Outdoor open space institutional.
(u)
Passive outdoor recreation.
(v)
Active outdoor recreation.
(w)
Essential services.
(x)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(y)
Bed and breakfast.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Roommate living arrangement (four+ units).
(b)
Boarding house living arrangement.
(c)
Outdoor commercial entertainment.
(d)
Drive-through and in-vehicle sales or services.
(e)
Commercial animal boarding/daycare.
(f)
Commercial indoor lodging.
(g)
Water-related recreation.
(h)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(i)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(j)
Institutional residential (assisted living).
(k)
Transit center.
(l)
Off-site parking lot.
(m)
Off-site structured parking.
(n)
Communication tower.
(o)
Cultivation.
(p)
Community garden.
(q)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
Tourist rooming house.
(c)
Nonresidential accessory structure.
(d)
On-site parking lot.
(e)
On-site structured parking.
(f)
Company cafeteria.
(g)
Incidental outdoor display.
(h)
Incidental indoor sales.
(i)
Incidental light industrial.
(j)
Incidental outdoor storage.
(k)
Satellite dish.
(l)
Personal antenna and towers.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
In-home daycare (four to eight children).
(aa)
Boathouse.
(bb)
In-family suite.
(cc)
Communication tower.
(dd)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (DPMU) Downtown Periphery Mixed-Use District.
*Any building exceeding three stories must provide a 15-foot to 20-foot stepback from the facade after the second or third story and must incorporate façade articulation if greater than 40 feet in width. See section 23.07.50 for design standards applicable to the DPMU district.
(Ord. No. 61-5883, § 16, 5-11-2021; Ord. No. 61-4057-730, § 5, 1-23-2024)
(1)
Intent. This district is intended to permit mid-scale downtown commercial development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. The district is also intended to retain the existing "Main Street" characteristics of the core blocks in Wausau's historic downtown. Residential uses are intended to occur above the first floor at a minimum approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Apartments with limited commercial.
(c)
Mixed-use building.
(d)
Live/work unit.
(e)
Office.
(f)
Personal or professional service.
(g)
Indoor sales or service.
(h)
Artisan production shop.
(i)
Physical activity studio.
(j)
Commercial kitchen.
(k)
Restaurants, taverns, and indoor commercial entertainment.
(l)
Bed and breakfast.
(m)
Indoor maintenance service.
(n)
Indoor institutional.
(o)
Outdoor open space institutional.
(p)
Passive outdoor recreation.
(q)
Active outdoor recreation.
(r)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Roommate living arrangement (four+ units).
(b)
Boarding house living arrangement.
(c)
Outdoor commercial entertainment.
(d)
Group daycare center.
(e)
Commercial animal boarding/daycare.
(f)
Commercial indoor lodging.
(g)
Water-related recreation.
(h)
Transit center.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(n)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
Tourist rooming house.
(c)
Nonresidential accessory structure.
(d)
On-site parking lot.
(e)
On-site structured parking.
(f)
Company cafeteria.
(g)
Incidental outdoor display.
(h)
Incidental indoor sales.
(i)
Incidental light industrial.
(j)
Incidental outdoor storage.
(k)
Satellite dish.
(l)
Personal antenna and towers.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
In-home daycare (four to eight children.)
(aa)
Boathouse.
(bb)
In-family suite.
(cc)
Communication tower.
(dd)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23-87 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (DPMU) Downtown Periphery Mixed-Use District.
*Any building exceeding three stories must provide a 15-foot to 20-foot stepback from the facade after the second or third story and must incorporate façade articulation if greater than 40 feet in width. See section 23.07.50 for design standards applicable to the DPMU district.
(Ord. No. 61-4057-730, § 6, 1-23-2024)
(1)
Intent. This district is intended to permit large-scale established commercial, office, and institutional development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. The district is also intended to retain the existing high-rise characteristics of the Central Business District without compromising the historic development areas. Residential uses are intended to occur at a minimum approximate density of 20+ dwelling units per acre and shall be limited to a small portion of the ground floor.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Apartments with limited commercial.
(c)
Mixed-use building.
(d)
Live/work unit.
(e)
Office.
(f)
Personal or professional service.
(g)
Indoor sales or service.
(h)
Artisan production shop.
(i)
Physical activity studio.
(j)
Commercial kitchen.
(k)
Restaurants, taverns, and indoor commercial entertainment.
(l)
Indoor maintenance service.
(m)
Indoor institutional.
(n)
Outdoor open space institutional.
(o)
Passive outdoor recreation.
(p)
Active outdoor recreation.
(q)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartments 21 to 36 units.
(b)
Apartments 37+ units.
(c)
Roommate arrangement (four+ units)
(d)
Outdoor commercial entertainment.
(e)
Drive-through and in-vehicle sales or service.
(f)
Group daycare center.
(g)
Commercial animal boarding/daycare.
(h)
Commercial indoor lodging.
(i)
Water-related recreation.
(j)
Transit center.
(k)
Off-site parking lot.
(l)
Off-site structured parking.
(m)
Communication tower.
(n)
Cultivation.
(o)
Community garden.
(p)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
Tourist rooming house.
(c)
Nonresidential accessory structure.
(d)
On-site parking lot.
(e)
On-site structured parking.
(f)
Company cafeteria.
(g)
Incidental outdoor display.
(h)
Incidental indoor sales.
(i)
Incidental light industrial.
(j)
Incidental outdoor storage.
(k)
Satellite dish.
(l)
Personal antenna and towers.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
In-home daycare (four to eight children).
(aa)
Boathouse.
(bb)
In-family suite.
(cc)
Communication tower.
(dd)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (DRMU) Downtown Periphery Mixed-Use District.
*Any building exceeding three stories must provide a 15-foot to 20-foot stepback from the facade after the second or third story and must incorporate façade articulation if greater than 40 feet in width. See section 23.07.50 for design standards applicable to the DPMU district.
(Ord. No. 61-4057-730, § 7, 1-23-2024)
(1)
Intent. This district is intended to accommodate high-quality business, industrial, office, and related land uses at an intensity that is compatible with the overall community character of the City. This district typically takes the form of corporate headquarters, lab/tech industrial, and high-end industrial with higher standards than the industrial districts. Residential uses are not intended to occur in this district.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Artisan production shop.
(d)
Commercial animal boarding/daycare.
(e)
Indoor maintenance service.
(f)
Indoor institutional.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Essential services.
(j)
Light Industrial.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Physical activity studio.
(b)
Commercial kitchen.
(c)
Restaurants, taverns, and indoor commercial entertainment.
(d)
Outdoor commercial entertainment.
(e)
Drive-through and in-vehicle sales or services.
(f)
Group daycare center.
(g)
Commercial indoor lodging.
(h)
Water-related recreation.
(i)
Large scale public services and utilities.
(j)
Transit center.
(k)
Heliport.
(l)
Off-site parking lot.
(m)
Off-site structured parking.
(n)
Communication tower.
(o)
Cultivation.
(p)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
In-home daycare (four to eight children).
(c)
In-family suite.
(d)
Tourist rooming house.
(e)
Nonresidential accessory structure.
(f)
On-site parking lot.
(g)
On-site structured parking.
(h)
Company cafeteria.
(i)
Incidental outdoor display.
(j)
Incidental indoor sales.
(k)
Incidental light industrial.
(l)
Incidental outdoor storage.
(m)
Satellite dish.
(n)
Personal antenna and towers.
(o)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Boathouse.
(aa)
Communication tower.
(bb)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary Outdoor Sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (RP) Research Park District.*
See article VI for additional performance standards specific to the RP district.
(1)
Intent. This district is intended to permit both small- and mid-scale industrial and office development at an intensity which is consistent with economic development objectives and compatible with adjacent residential and commercial development. The primary distinguishing feature of this district is that it is geared toward indoor industrial activities with some loading and unloading exposed which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Light industrial.
(l)
Indoor storage and wholesaling.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Commercial animal boarding/daycare.
(b)
Vehicle service and repair.
(c)
Large scale public services and utilities.
(d)
Production greenhouse.
(e)
Indoor food production and processing.
(f)
Personal storage facility.
(g)
Transit center.
(h)
Distribution center.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupations.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
On-site structured parking.
(j)
Company cafeteria.
(k)
Incidental outdoor display.
(l)
Incidental indoor sales.
(m)
Incidental light industrial.
(n)
Incidental outdoor storage.
(o)
Satellite dish.
(p)
Personal antenna and towers.
(q)
Small wind energy system.
(r)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Communication antenna.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor assembly*.
(e)
Temporary on-site construction storage*.
(f)
Temporary contractor's project office*.
(g)
Temporary on-site real estate sales office*.
(h)
Temporary relocatable building*.
(i)
Temporary shelter structure.
(j)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (LI) Light Industrial District.
(Ord. No. 61-4057-730, § 8, 1-23-2024)
(1)
Intent. This district is intended to permit mid-scale to large-scale industrial and office development at an intensity which is consistent with economic development objectives and compatible with adjacent residential and commercial development. The primary distinguishing feature of this district is that it is geared toward indoor industrial activities with some raw materials or finished products stored outside. This district tends to be heavy, but not typically a nuisance for adjoining properties.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Vehicle service and repair.
(h)
Outdoor open space institutional.
(i)
Passive outdoor recreation.
(j)
Essential services.
(k)
Light industrial.
(l)
Indoor storage and wholesaling.
(3)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Commercial animal boarding/daycare.
(h)
Vehicle service and repair.
(i)
Outdoor open space institutional.
(j)
Passive outdoor recreation.
(k)
Essential services.
(l)
Light industrial.
(m)
Indoor storage and wholesaling.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
On-site structured parking.
(j)
Company cafeteria.
(k)
Incidental outdoor display.
(l)
Incidental indoor sales.
(m)
Incidental light industrial.
(n)
Incidental outdoor storage.
(o)
Satellite dish.
(p)
Personal antenna and towers.
(q)
Small wind energy system.
(r)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Communication antenna.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary relocatable building*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (HI) Heavy Industrial District.
(Ord. No. 61-4057-730, § 9, 1-23-2024)
(1)
Intent. This district is intended to provide space for self-contained and isolated manufacturing and industrial operations which are incompatible with residential and commercial uses because of potential nuisance or hazard generation.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Outdoor maintenance service.
(h)
Vehicle service and repair.
(i)
Outdoor open space institutional.
(j)
Passive outdoor recreation.
(k)
Essential services.
(l)
Light industrial.
(m)
Heavy industrial.
(n)
Production greenhouse.
(o)
Indoor food production and processing.
(p)
Indoor storage and wholesaling.
(q)
Outdoor storage and wholesaling.
(r)
Distribution center.
(3)
Principal uses permitted as by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Commercial animal boarding/daycare.
(g)
Indoor maintenance service.
(h)
Outdoor maintenance service.
(i)
Vehicle service and repair.
(j)
Outdoor open space institutional.
(k)
Passive outdoor recreation.
(l)
Essential services.
(m)
Light industrial.
(n)
Heavy industrial.
(o)
Production greenhouse.
(p)
Indoor food production and processing.
(q)
Indoor storage and wholesaling.
(r)
Outdoor storage and wholesaling.
(s)
Distribution center.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
On-site structured parking.
(j)
Company cafeteria.
(k)
Incidental outdoor display.
(l)
Incidental indoor sales.
(m)
Incidental light industrial.
(n)
Incidental outdoor storage.
(o)
Satellite dish.
(p)
Personal antenna and towers.
(q)
Communication antenna.
(r)
Small wind energy system.
(s)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
None.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary relocatable building*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (HI) Heavy Industrial District.
(Ord. No. 61-4057-730, § 10, 1-23-2024)
(1)
Intent. This district is intended to permit large-scale outdoor storage uses associated with significant impacts on neighboring properties, particularly related to material usage, aesthetic, visibility, and other potential nuisances for adjoining properties. The City will consider the use of this zoning district on a case-by-case basis at the request of a property owner.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Outdoor display.
(c)
Indoor maintenance service.
(d)
Outdoor maintenance service.
(e)
Vehicle service and repair.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Essential services.
(i)
Light industrial.
(j)
Heavy industrial.
(k)
Production greenhouse.
(l)
Indoor food production and processing.
(m)
Indoor storage and wholesaling.
(n)
Outdoor storage and wholesaling.
(o)
Distribution center.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Active outdoor recreation.
(b)
Large scale public services and utilities.
(c)
Light industrial.
(d)
Heavy industrial.
(e)
Production greenhouse.
(f)
Personal storage facility.
(g)
Transit center.
(h)
Distribution center.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
On-site parking lot.
(h)
Satellite dish.
(i)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Nonresidential accessory structure.
(b)
On-site structured parking.
(c)
Incidental outdoor display.
(d)
Incidental indoor display.
(e)
Personal antenna and towers.
(f)
Communication antenna.
(g)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary on-site construction storage*.
(c)
Temporary contractor's project office*.
(d)
Temporary on-site real estate sales office*.
(e)
Temporary relocatable building*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (IOS) Intensive Outdoor Storage District.
(1)
Intent. This district is intended to permit large-scale outdoor commercial entertainment uses associated with significant impacts on neighboring properties, particularly related to traffic, parking, noise, operating hours, and lighting. The City will consider the use of this zoning district on a case-by-case basis at the request of a property owner.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Restaurants, taverns, and indoor commercial entertainment.
(c)
Indoor maintenance service.
(d)
Outdoor open space institutional.
(e)
Passive outdoor recreation.
(f)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Outdoor commercial entertainment.
(b)
Campground.
(c)
Water-related recreation.
(d)
Intensive outdoor activity.
(e)
Active outdoor recreation.
(f)
Large scale public services and utilities.
(g)
Production greenhouse.
(h)
Outdoor storage and wholesaling.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
On-site parking lot.
(h)
Company cafeteria.
(i)
Incidental indoor display.
(j)
Incidental light industrial.
(k)
Incidental outdoor storage.
(l)
Satellite dish.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Nonresidential accessory structure.
(b)
On-site structured parking.
(c)
Incidental outdoor display.
(d)
Personal antenna and towers.
(e)
Communication antenna.
(f)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary relocatable building*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (IOC) Intensive Outdoor Commercial District.
(1)
Intent. This district is intended to permit adult uses associated with significant impacts on neighboring properties, particularly related to hours of operation, establishment functions, and other potential nuisances for adjoining properties. The City will consider the use of this zoning district on a case-by-case basis at the request of a property owner.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Outdoor open space institutional.
(c)
Passive outdoor recreation.
(d)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Adult-oriented entertainment business.
(b)
Active outdoor recreation.
(c)
Large scale public services and utilities.
(d)
Off-site parking lot.
(e)
Off-site structured parking.
(f)
Communication tower.
(g)
Cultivation.
(h)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
Satellite dish.
(j)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
On-site structured parking.
(b)
Personal antenna and towers.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary Shelter Structure.
(c)
Temporary Vehicle Sales*.
(7)
Density, intensity, and bulk regulations for the (AO) Adult-Oriented Entertainment District.
(1)
Intent. This district is intended to provide for quarrying, sand and gravel extraction, and landfill uses which, if sited properly, can be located within the City.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Indoor maintenance service.
(c)
Outdoor maintenance service.
(d)
Outdoor open space institutional.
(e)
Passive outdoor recreation.
(f)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Active outdoor recreation.
(b)
Large scale public services and utilities.
(c)
Light industrial.
(d)
Heavy industrial.
(e)
Indoor storage and wholesaling.
(f)
Off-site parking lot.
(g)
Off-site structured parking.
(h)
Communication tower.
(i)
Extraction.
(j)
Composting.
(k)
Recycling and waste disposal.
(l)
Salvage or junkyard.
(m)
Sand and mineral processing.
(n)
Large wind energy system.
(o)
Large solar energy system.
(p)
Cultivation.
(q)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Tourist rooming housing (in single-family home).
(b)
Nonresidential accessory structure.
(c)
On-site parking lot.
(d)
Incidental light industrial.
(e)
Incidental outdoor storage.
(f)
Satellite dish.
(g)
Personal antenna and towers.
(h)
Commercial antenna.
(i)
Small wind energy system.
(j)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
On-site structured parking.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary shelter structure.
(c)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (EX) Extraction/Disposal District.
(1)
Purpose. The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth above in this title. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include protections against natural hazards, protections of valued natural and cultural resources, and guidelines for unique development situations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of article V.
(2)
How to use sections 23.02.80 to 23.02.93.
(a)
A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district. For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the development regulations.
(3)
For the purpose of this title, the following overlay zoning districts are hereby established.
(a)
(PUD) Planned Unit Development Overlay Zoning District.
(b)
(SW) Shoreland-Wetland Overlay District.
(c)
(F) Floodplain Overlay District.
(d)
(W) Well Head Protection Overlay District.
(e)
(RE) River Edge Overlay District.
(f)
(WD) Woodland Overlay District.
(4)
Map of Overlay Zoning Districts.
(a)
Except where otherwise indicated in this article, the overlay zoning districts are represented on the Official Zoning Map, adopted and from time to time amended by the City of Wausau.
(1)
Purpose. The purpose of this overlay district is to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district. In exchange for such flexibility, it is anticipated that development within a Planned Unit Development Overlay District will reflect the City's planning policies as set forth in the City's Comprehensive Plan and offer one or more of the following advantages:
(a)
Positively contribute to the appearance and function of land uses and site design in the area
(b)
Promote a greater level of architectural quality and be compatible with other structures in the area
(c)
Conserve and protect environmentally sensitive areas, areas of natural beauty, and natural green spaces
(d)
Preserve the cultural and historic character and significance of existing structures or areas
(e)
Provide substantial buffers and transitions between incompatible land uses and densities
(f)
Reduce congestion on streets and improve pedestrian and bicycle circulation
(g)
Development would not conflict with or cause overload on such facilities as schools, highways, police, fire, or utility services.
(h)
Insure proper maintenance and preservation of any common areas for recreation and esthetic enhancement.
(2)
Intent. Planned Unit Developments are intended to encourage, promote, and provide improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this title and the City of Wausau Comprehensive Plan. To this end, planned unit developments allow diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. The Planned Unit Development Overlay District shall allow development to be designed, reviewed, approved, constructed, and managed as approved by the Common Council rather than required by the underlying zoning district.
(a)
The City may permit flexibility in the types of uses, area and yard requirements, off-street parking, and/or other regulations set forth in this title by use of exceptions/base standard modifications subject to the demonstration of their appropriateness for the area under consideration.
(b)
It is not intended that the City will automatically grant exceptions/base standard modifications in a Planned Unit Development Overlay District, and it is expected the City will grant only such exceptions when they are consistent and comparable with benefits to the community that result from the Planned Unit Development.
(c)
The City may require, as conditions of approval, any reasonable stipulation, limitation, or design factor which will promote suitable development in the Planned Unit Development Overlay District.
(d)
A public hearing process is required to review a request for a Planned Unit Development. This process will essentially combine the process for a Zoning Map Amendment (for the General Development Plan (GDP) Step) with that required for a Conditional Use (for the Specific Implementation Plan (SIP) Step), with several additional requirements. See section 23.10.44 for the General Development Plan and Specific Implementation Plan requirements.
(3)
Provision of flexible development standards for Planned Unit Developments.
(a)
Permitted location.
1.
Planned Unit Developments shall be permitted with the approval of a Planned Unit Development Overlay Zoning District, specific to the approved Planned Unit Development, within all zoning districts.
(b)
Flexible development standards.
1.
The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a Planned Unit Development.
a.
Land use requirements.
i.
All land uses listed as Residential Land Uses under 23.03.06, Institutional Land Uses under 23.03.12, Mixed-Use Buildings under 23.03.08, or Commercial Land Uses under 23.03.10 in article III may be permitted within a Planned Unit Development.
b.
Density, intensity, and bulk requirements.
i.
All requirements listed in article IV, bulk regulations and article II for density, intensity, and bulk regulations within the SR-2, SR-3, SR-5, SR-7, DR-8, TF-10, TDR-12, MRL-12, MRM-20, MRH-50, I, NMU, SO, SMU, UMU, DPMU, DHMU, and DRMU Zoning Districts may be waived within a Planned Unit Development.
c.
Landscaping requirements.
i.
All requirements listed in article VIII may be waived within a Planned Unit Development.
d.
Parking and loading requirements.
i.
All requirements listed in section 23.06.06 and 23.06.07 may be waived within a Planned Unit Development.
(4)
Applicability. Locations that may be deemed appropriate for a Planned Unit Development Overlay District include, but are not limited to:
(a)
Transitional locations that involve a mix of different land uses where new development is proposed in a location of preexisting uses and buildings
(b)
Infill locations in a developed area that involve parcels that may have been bypassed during the normal course of urbanization or that have been cleared
(c)
Redevelopment locations where first or subsequent uses and/or structures are to be replaced by new uses and/or structures
(d)
Development locations where base zoning standards may not be appropriate and/or needed, and where the developer and community will benefit from a greater level of flexibility in land use and bulk controls
(5)
[Reference for requirements.] See section 23.10.44 for the General Development Plan and Specific Implementation Plan requirements.
(6)
[Exempt.] Planned Unit Developments are exempt from the requirements of section 23.06.02 Group and Large Developments.
(1)
Statutory authorization, findings of fact, statement of purpose and title.
(a)
Statutory authorization. This ordinance is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 61.351 for villages or Wis. Stats. §§ 62.23 and 62.231 for cities and Wis. Stats. §§ 87.30 and 144.26.
(b)
Findings of fact and purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
1.
Promote the public health, safety, convenience and general welfare;
2.
Maintain the storm and floodwater storage capacity of wetlands;
3.
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
4.
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
5.
Prohibit certain uses detrimental to the shoreland-wetland area; and
6.
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.
(2)
General provisions.
(a)
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. (However, see 23.02.90(4), for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.
(b)
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stats. § 30.12(4)(a), applies.
(c)
Abrogation and greater restrictions.
1.
This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 61.35, 62.23 or 87.30, which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2.
This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(d)
Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard in chapter NR 117, Wis. Admin. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
(e)
Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
(f)
Annexed areas. The County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the municipality for all areas annexed by the municipality after May 7, 1982 unless any of the changes as allowed by Wis. Stats. § 59.692(7)(a)(1—3) occurs. These annexed lands are described on the municipality's official zoning map. The County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator.
(3)
Shoreland-Wetland Zoning District.
(a)
Shoreland-Wetland zoning maps. The following maps are hereby adopted and made part of this ordinance and are on file in the office of the Municipal Clerk:
1.
Wisconsin Wetland Inventory maps stamped "FINAL" on May 7, 1985.
2.
The most recently adopted FEMA Floodplain Maps.
3.
United States Geological Survey maps:
a.
Nutterville, Wisconsin. N4500-W8930/7.5. 1982,
b.
Wausau West, Wisconsin. N4452.5W8937.5/7.5. 1963, Photorevised 1978,
c.
Wausau East, Wisconsin. N4452.5-W893O/7.5. 1963, Photorevised 1978.
4.
The most recently adopted City of Wausau Official Zoning Map.
(b)
District Boundaries.
[1.]
The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance and which are:
a.
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance.
b.
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in section 23.02.90(3)(a) above shall be used to determine the extent of floodplain areas.
2.
Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark. The following watercourses within the City, which appear as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps, have been found by the Wisconsin Department of Natural Resources to be nonnavigable:
a.
Bos Creek upstream from Campus Drive;
b.
Jim Moore Creek upstream east of the SW ¼ of Sec. 18, T29N, R8E.
3.
When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section 23.02.90(3)(b)4. and (3)(b)5., the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
4.
Filled Wetlands. Wetlands which are filled prior to the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this ordinance.
5.
Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under Wis. Stats. § 30.11 are not subject to this ordinance.
(c)
Permitted uses.
1.
The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable:
a.
Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;
b.
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
c.
The practice of silviculture, including the planting, thinning and harvesting of timber;
d.
The pasturing of livestock;
e.
The cultivation of agricultural crops; and
f.
The construction and maintenance of duck blinds.
2.
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
a.
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
b.
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
c.
The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
d.
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
e.
The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
f.
The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 23.02.90(6)(a)3 of this ordinance; and
g.
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
3.
Uses which are allowed upon the issuance of a zoning permit and which may include wetland alterations only to the extent specifically provided below:
a.
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under section 23.02.90(3)(c), of this ordinance, provided that:
i.
The road cannot, as a practical matter, be located outside the wetland;
ii.
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 23.02.90(6)(a)3. of this ordinance;
iii.
The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
iv.
Road construction activities are carried out in the immediate area of the roadbed only; and
v.
Any wetland alteration must be necessary for the construction or maintenance of the road.
b.
The construction and maintenance of nonresidential buildings provided that:
i.
The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or other wetland or aquatic animals;
ii.
The building cannot, as a practical matter, be located outside the wetland;
iii.
The building does not exceed 500 square feet in floor area; and
iv.
Only limited filling and excavating necessary to provide structural support for the building is allowed.
c.
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
i.
Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;
ii.
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
iii.
The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in 23.02.90(3)(c)3.a. of this ordinance; and
iv.
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values
d.
The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:
i.
The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
ii.
Only limited filling or excavating necessary for such construction or maintenance is allowed; and
iii.
Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 23.02.90(6)(a)3. of this ordinance.
(d)
Prohibited uses.
1.
Any use not listed in section 23.02.90(3)(c) of this ordinance is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 23.02.90(6) of this ordinance.
2.
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.
(4)
Nonconforming structures and uses.
(a)
The lawful use of a building, structure or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
1.
The shoreland-wetland provisions of this ordinance authorized by Wis. Stats. § 62.231, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982 related to such a structure. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h), which limits total lifetime structural repairs and alterations to 50 percent of current fair market value.
2.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this ordinance.
3.
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this ordinance adopted under Wis. Stats. §§ 61.351 or 62.231, may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.
4.
The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.
5.
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
(5)
Administrative provisions.
(a)
Zoning Administrator. The is appointed Zoning Administrator for the purpose of administering and enforcing this ordinance. The Zoning Administrator shall have the following duties and powers:
1.
Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.
2.
Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.
3.
Keep records of all permits issued, inspections made, work approved and other official actions.
4.
Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
5.
Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the Department.
6.
Investigate and report violations of this ordinance to the appropriate municipal planning agency and the district attorney, corporation counsel or municipal attorney.
(b)
Zoning permits.
1.
When required. Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in section 23.02.90(8)(b)6., of this ordinance, or any change in the use of an existing building or structure is initiated.
2.
Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information:
a.
General information.
i.
Name, address, and telephone number of applicant, property owner and contractor, where applicable.
ii.
Legal description of the property and a general description of the proposed use or development.
iii.
Whether or not a private water supply or sewage system is to be installed.
b.
Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
i.
Dimensions and area of the lot;
ii.
Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
iii.
Description of any existing or proposed on-site sewage systems or private water supply systems;
iv.
Location of the ordinary high-water mark of any abutting navigable waterways;
v.
Boundaries of all wetlands;
vi.
Existing and proposed topographic and drainage features and vegetative cover;
vii.
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
viii.
Location of existing or future access roads; and
ix.
Specifications and dimensions for areas of proposed wetland alteration.
c.
Expiration. All permits issued under the authority of this ordinance shall expire 12 months from the date of issuance.
(c)
Certificates of compliance.
1.
Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator subject to the following provisions:
a.
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance.
b.
Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
c.
The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance.
2.
The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.
3.
Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.
(d)
Conditional use permit.
1.
Application. Any use listed as a conditional use in this ordinance shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in sections 23.02.90(5)(h)2., (5)(h)3., and (5)(h)4., of this ordinance.
2.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in section 23.02.90(3)(c)3. of this ordinance, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance as listed in section 23.02.90(1)(b). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.
(e)
Fees. The municipal governing body may, by resolution, adopt fees for the following:
1.
Zoning permits.
2.
Certificates of compliance.
3.
Public hearings.
4.
Legal notice publications.
5.
Conditional use permits.
6.
Rezoning petitions.
(f)
Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.
(g)
Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Board of Appeals.
(h)
Board of Appeals. The City Mayor shall appoint a Board of Appeals under Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the municipal governing body. The Board of Appeals shall adopt rules for the conduct of its business as required by Wis. Stats. § 62.23(7)(e)3.
1.
Powers and duties. The Board of Appeals:
a.
Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance.
b.
Shall hear and decide applications for conditional use permits.
c.
May authorize upon appeal a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates:
i.
That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant.
ii.
That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;
iii.
That such variance is not contrary to the public interest as expressed by the purpose of this ordinance and;
iv.
That such variance will not grant or increase any use of property which is prohibited in the zoning district.
2.
Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
3.
Public hearings.
a.
Before making a decision on an appeal or application, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a class 2 notice under Wis. Stats. ch. 985, specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.
b.
A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least ten days prior to all public hearings on issues involving Shoreland-Wetland Zoning.
4.
Decisions.
a.
The final disposition of an appeal or application for a conditional use permit before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.
b.
A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.
(6)
Amending Shoreland-Wetland Zoning Regulations.
(a)
The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2., NR 117, Wis. Admin. Code, and the following:
1.
A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department within 5 days of the submission of the proposed amendment to the municipal planning agency;
2.
All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class II notice as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the Department shall be provided with written notice of the public hearing at least ten days prior to such hearing.
3.
In order to insure that this ordinance will remain consistent with the shoreland protection objectives of Wis. Stats. § 144.26, the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
a.
Storm and floodwater storage capacity;
b.
Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
c.
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
d.
Shoreline protection against erosion;
e.
Fish spawning, breeding, nursery or feeding grounds;
f.
Wildlife habitat; or
g.
Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
4.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section 23.02.90(6)(a)3., of this ordinance, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
5.
The appropriate district office of the Department shall be provided with:
a.
A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten days after the submission of those recommendations to the municipal governing body.
b.
Written notice of the action on the proposed text or map amendment within ten days after the action is taken.
6.
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 23.02.90(6)(a)3., of this ordinance, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by subsection (6)(a)5.b. of this section. If within the 30-day period, the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Wis. Stats. §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. §§ 62.231(6) or 61.351(6), is completed or otherwise terminated.
(7)
Enforcement and Penalties.
(a)
Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the municipal planning agency and the district attorney, corporation counsel or municipal attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this ordinance shall be subject to a forfeiture of not less than $10.00 nor more than $200.00 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).
(8)
Definitions.
(a)
For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified, shall be measured horizontally.
(b)
The following terms used in this ordinance mean:
1.
Accessory structure or use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principle structure or use to which it is related and which is located on the same lot as that of the principle structure or use.
2.
Boathouse as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.
3.
Class 2 public notice means publication of a public hearing notice under Wis. Stats. ch. 985, in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
4.
Conditional use means a use which is permitted by this ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the Board of Appeals or, where appropriate, the planning agency designated by the municipal governing body.
5.
Department means the Wisconsin Department of Natural Resources.
6.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
7.
Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
8.
Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
9.
Fixed houseboat as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
10.
Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 144.26(2)(d), not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. §§ 61.351 or 62.231, and chapter NR 117, Wis. Admin. Code, do not apply to lands adjacent to farm drainage ditches if:
a.
Such lands are not adjacent to a natural navigable stream or river;
b.
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
c.
Such lands are maintained in nonstructural agricultural use.
"Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons."
11.
Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
12.
Planning agency means the municipal plan commission created under Wis. Stats. § 62.23(1), a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.
13.
Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
14.
Shoreland-wetland district means the zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this ordinance.
15.
Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.
16.
Variance means an authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this ordinance.
17.
Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
18.
Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area
(c)
The definitions within 23.02.90(8) are only applicable to section 23.02.90. See section 23.01.23.
(1)
Statutory authorization, finding of fact, statement of purpose and title.
(a)
Statutory authorization. The zoning ordinance codified in this title is adopted pursuant to the authorization in Wis. Stats. §§ 62.23 and 87.30.
(b)
Finding of fact. Uncontrolled development and use of the floodplains and rivers of the City of Wausau would impair the public health, safety, convenience, general welfare and tax base.
(c)
Statement of purpose. This ordinance is intended to regulate floodplain development to:
1.
Protect life, health and property;
2.
Minimize expenditures of public funds for flood control projects;
3.
Minimize rescue and relief efforts undertaken at the expense of taxpayers;
4.
Minimize business interruptions and other economic disruptions;
5.
Minimize damage to public facilities in the floodplain;
6.
Minimize the occurrence of future flood blight areas in the floodplain;
7.
Discourage the victimization of unwary land and homebuyers;
8.
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
9.
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(d)
Title. This title shall be known as the floodplain zoning ordinance for the City of Wausau, Wisconsin.
(e)
General provisions.
1.
Areas to be regulated. This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
2.
Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (23.02.91(8)) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Inspections Department, City of Wausau. If more than one map or revision is referenced, the most restrictive information shall apply.
a.
OFFICIAL MAPS: Based on the FIS 55073CV000A and FIS 55073CV000B
i.
Flood Insurance Rate Map (FIRM), panel numbers 55073C0145F, 55073C0378F, 55073C0379F, 55073C0380F, 55073C0382F, 55073C0383F, 55073C0401F, 55073C0402F, and 55073C0412F, dated 07/22/2010; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 07/22/2010, volume number 55073CV000A.
ii.
Flood Insurance Rate Map (FIRM), panel number 55073C0384G, 55073C0392G, 55073C0403G, 55073C0411G dated September 28, 2018; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated September 28, 2018, Volume number 55073CV000B. Approved by: The DNR and FEMA
3.
Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:
a.
The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.
b.
The Floodfringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
c.
The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.
4.
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection a. or b. below. If a significant difference exists, the map shall be amended according to 23.02.91(8). The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to 23.02.91(7)(c)1.b. and the criteria in a. and b. below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to 23.02.91(8).
a.
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
b.
Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
5.
Removal of lands from floodplain. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to 23.02.91(8).
6.
Compliance. Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations.
7.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022, applies.
8.
Abrogation and greater restrictions.
a.
This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. § 62.23 for cities; Wis. Stats. § 61.35 for villages; or Wis. Stats. § 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
b.
This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
9.
Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Admin. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
10.
Warning and disclaimer of liability. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
11.
Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
12.
Annexed areas for cities and villages. The Marathon County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Admin. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(2)
General standards applicable to all floodplain districts. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.
Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in 23.02.91(7)(a)2. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
(a)
Hydraulic and hydrologic analyses.
1.
No floodplain development shall:
a.
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
b.
Cause any increase in the regional flood height due to floodplain storage area lost.
2.
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of 23.02.91(8) are met.
(b)
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of 23.02.91(2)(a) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to 23.02.91(8), the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(c)
Chapters 30, 31, Wis. Stats., development. Development which requires a permit from the Department, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to 23.02.91(8).
(d)
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
1.
The campground is approved by the Department of Health Services;
2.
A land use permit for the campground is issued by the Zoning Administrator;
3.
The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;
4.
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
5.
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in 4. above - to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations;
6.
Only camping units that are fully licensed, if required, and ready for highway use are allowed;
7.
The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;
8.
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;
9.
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
10.
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either 23.02.91(3), 23.02.91 (4), or 23.02.91 (5) for the floodplain district in which the structure is located;
11.
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
12.
All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
(3)
Floodway District (FW).
(a)
Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to 23.02.91(5)(d).
(b)
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:
1.
They are not prohibited by any other ordinance;
2.
They meet the standards in 23.02.91(3)(c) and 23.02.91(3)(d); and
3.
All permits or certificates have been issued according to 23.02.91(7)(a).
4.
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
5.
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
6.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of 23.02.91(3)(c)4.
7.
Uses or structures accessory to open space uses, or classified as historic structures that comply with 23.02.91(3)(c) and 23.02.91(3)(d).
8.
Extraction of sand, gravel or other materials that comply with 23.02.91(3)(c)4.
9.
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. chs. 30 and 31.
10.
Public utilities, streets and bridges that comply with 23.02.91(3)(c)3.
(c)
Standards for developments in the floodway.
1.
General.
a.
Any development in the floodway shall comply with 23.02.91(2) and have a low flood damage potential.
b.
Applicants shall provide the following data to determine the effects of the proposal according to 23.02.91(2)(a) and 23.02.91(7)(a)2.c.
i.
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
ii.
An analysis calculating the effects of this proposal on regional flood height.
c.
The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for subd. b. above.
2.
Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
a.
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
b.
Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
c.
Must be anchored to resist flotation, collapse, and lateral movement;
d.
Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and
e.
It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
3.
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
a.
Adequate floodproofing measures are provided to the flood protection elevation; and
b.
Construction meets the development standards of 23.02.91(2)(a).
4.
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
a.
The requirements of 23.02.91(2)(a) are met;
b.
No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Wis. Stats. ch. 30, and a permit pursuant to section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
c.
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
d.
The fill is not classified as a solid or hazardous material.
(d)
Prohibited uses. All uses not listed as permitted uses in 23.02.91(3)(b) are prohibited, including the following uses:
1.
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
2.
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
3.
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
4.
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Admin. Code;
5.
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Admin. Code;
6.
Any solid or hazardous waste disposal sites;
7.
Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Admin. Code; and
8.
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
(4)
Floodfringe District (FF).
(a)
Applicability. This section applies to all floodfringe areas shown the floodplain zoning maps and those identified pursuant to 23.02.91(5)(d).
(b)
Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in 23.02.91(4)(c) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in 23.02.91(7)(a) have been issued.
(c)
Standards for development in the floodfringe.23.02.91(2)(a) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of 23.02.91(6);
1.
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of 23.02.91(6);
a.
The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of 23.02.91(4)(c)1.b. can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
b.
The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;
c.
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in d.
d.
In developments where existing street or sewer line elevations make compliance with c. impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
i.
The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
ii.
The municipality has a DNR-approved emergency evacuation plan.
2.
Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
3.
Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of 23.02.91(4)(c)1. Subject to the requirements of 23.02.91(4)(c)5., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
4.
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in 23.02.91(7)(e) Subject to the requirements of 23.02.91(4)(c)5. storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5.
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with 23.02.91(7)(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6.
Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
a.
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with 23.02.91(7)(e).
b.
Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
7.
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to 23.02.91(7)(e)3., to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
8.
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to 23.02.91(7)(e)3., to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Admin. Code.
9.
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
10.
Deposition of materials. Any deposited material must meet all the provisions of this ordinance.
11.
Manufactured homes.
a.
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b.
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
i.
Have the lowest floor elevated to the flood protection elevation; and
ii.
Be anchored so they do not float, collapse or move laterally during a flood
c.
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in 23.02.91(4)(c)1.
12.
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in 23.02.91(4)(c)11.b. and 23.02.91(4)(c)11.c. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(5)
General Floodplain District (GFP).
(a)
Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones.
(b)
Permitted uses. Pursuant to 23.02.91(5)(d) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway 23.02.91(3)(b) and Floodfringe 23.02.91(4)(b) Districts are allowed within the General Floodplain District, according to the standards of 23.02.91(5)(c) provided that all permits or certificates required under 23.02.91(7)(a) have been issued.
(c)
Standards for development in the general floodplain district.23.02.91(3) applies to floodway areas, 23.02.91(4) applies to floodfringe areas. The rest of this ordinance applies to either district.
1.
In AO/AH zones the structure's lowest floor must meet one of the conditions listed below whichever is higher:
a.
At or above the flood protection elevation; or
b.
Two feet above the highest adjacent grade around the structure; or
c.
The depth as shown on the FIRM
2.
In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
(d)
Determining floodway and floodfringe limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator shall:
1.
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM.
2.
Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
a.
A Hydrologic and Hydraulic Study as specified in 23.02.91(7)(a)2.c.
b.
Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
c.
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
(6)
Nonconforming uses.
(a)
General.
1.
Applicability. If these standards conform with Wis. Stats. § 87.30 and ch. NR 116.15, Wis. Admin. Code and 44 CFR 59-72, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto.
2.
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:
a.
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
b.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;
c.
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
d.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with 23.02.91(4)(c)1. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this paragraph;
e.
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with 23.02.91(4)(c)1.
f.
If on a per event basis the total value of the work being done under d. and e. equals or exceeds 50 percent of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with 23.02.91(4)(c)1.
g.
Except as provided in h., if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure's present equalized assessed value.
h.
For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
i.
Residential structures.
1)
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of 23.02.91 (7)(d)2.
2)
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.
3)
Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
4)
In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
5)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in 23.02.91 (5)(c)1.
6)
In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
ii.
Nonresidential structures.
1)
Shall meet the requirements of 23.02.91(6)(a)2.h.i.1)-6).
2)
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in 23.02.91(7)(e)1. Or 2.
3)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in 23.02.91(5)(c)1.
iii.
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with 23.02.91(3)(c)1., flood resistant materials are used, and construction practices and floodproofing methods that comply with 23.02.91(7)(e) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of 23.02.91(6)(a)2.h.i. if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(b)
Floodway District.
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
a.
Has been granted a permit or variance which meets all ordinance requirements;
b.
Meets the requirements of 23.02.91(6)(a);
c.
Shall not increase the obstruction to flood flows or regional flood height;
d.
Any addition to the existing structure shall be floodproofed, pursuant to 23.02.91(7)(e), by means other than the use of fill, to the flood protection elevation; and
e.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
i.
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
ii.
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
iii.
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
iv.
The use must be limited to parking, building access or limited storage.
2.
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, 23.02.91 (7)(e)3. and ch. SPS 383, Wis. Admin. Code.
3.
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, 23.02.91(7)(e)3. and chs. NR 811 and NR 812, Wis. Admin. Code.
(c)
Floodfringe District.
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of 23.02.91(4)(c) except where 23.02.91(6)(c)2. is applicable.
2.
Where compliance with the provisions of 23.02.91(6)(c)1. would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in 23.02.91(7)(c), may grant a variance from those provisions of 23.02.91(6)(c)1. for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a.
No floor is allowed below the regional flood elevation for residential or commercial structures;
b.
Human lives are not endangered;
c.
Public facilities, such as water or sewer, shall not be installed;
d.
Flood depths shall not exceed two feet;
e.
Flood velocities shall not exceed two feet per second; and
f.
The structure shall not be used for storage of materials as described in (4)(c)5.
3.
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, 23.02.91(7)(e)3. and ch. SPS 383, Wis. Admin. Code.
4.
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance, 23.02.91(7)(e)3. and ch. NR 811 and NR 812, Wis. Admin. Code.
(7)
Administration. Where a Zoning Administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stats. §§ 59.69, 59.692 or 62.23(7), these officials shall also administer this ordinance.
(a)
Zoning Administrator.
1.
Duties and powers. The Zoning Administrator is authorized to administer this ordinance and shall have the following duties and powers:
a.
Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
b.
Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate.
c.
Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
d.
Keep records of all official actions such as:
i.
All permits issued, inspections made, and work approved;
ii.
Documentation of certified lowest floor and regional flood elevations;
iii.
Floodproofing certificates.
iv.
Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
v.
All substantial damage assessment reports for floodplain structures.
vi.
List of nonconforming structures and uses.
e.
Submit copies of the following items to the Department Regional office:
i.
Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
ii.
Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken.
iii.
Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
f.
Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
g.
Submit copies of amendments to the FEMA Regional office.
2.
Land use permit. A land use permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:
a.
General information.
i.
Name and address of the applicant, property owner and contractor;
ii.
Legal description, proposed use, and whether it is new construction or a modification;
b.
Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
i.
Location, dimensions, area and elevation of the lot;
ii.
Location of the ordinary highwater mark of any abutting navigable waterways;
iii.
Location of any structures with distances measured from the lot lines and street center lines;
iv.
Location of any existing or proposed on-site sewage systems or private water supply systems;
v.
Location and elevation of existing or future access roads;
vi.
Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
vii.
The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
viii.
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of 23.02.91(3) or 23.02.91(4) are met; and
ix.
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to 23.02.91(2)(a). This may include any of the information noted in 23.02.91(3)(c)1.
c.
Hydraulic and hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
i.
Zone A floodplains:
1)
Hydrology.
a)
The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
2)
Hydraulic modeling. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a)
Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
b)
Channel sections must be surveyed.
c)
Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
d)
A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
e)
The most current version of HEC_RAS shall be used.
f)
A survey of bridge and culvert openings and the top of road is required at each structure.
g)
Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
h)
Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
i)
The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
3)
Mapping. A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
a)
If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
b)
If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
ii.
Zone AE Floodplains.
1)
Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
2)
Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a)
Duplicate effective model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
b)
Corrected Effective Model. The Corrected Effective Model shall not include any manmade physical changes since the effective model date, but shall import the model into the most current version of HECRAS for Department review.
c)
Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post Project) Model.
d)
Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
e)
All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
f)
Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
3)
Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
a)
Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
b)
Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
c)
Annotated FIRM panel showing the revised one percent and 0.2 percent annual chance floodplains and floodway boundaries.
d)
If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
e)
The revised floodplain boundaries shall tie into the effective floodplain boundaries.
f)
All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
g)
Both the current and proposed floodways shall be shown on the map.
h)
The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
d.
Expiration. All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.
3.
Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions:
a.
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;
b.
Application for such certificate shall be concurrent with the application for a permit;
c.
If all ordinance provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed;
d.
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of 23.02.91(7)(e) are met.
4.
Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(b)
Zoning agency.
1.
The Plan Commission shall:
a.
Oversee the functions of the office of the Zoning Administrator; and
b.
Review and advise the governing body on all proposed amendments to this ordinance, maps and text.
2.
The Board of Appeals shall not:
a.
Grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
b.
Amend the text or zoning maps in place of official action by the governing body.
(c)
Board of Appeals. The Board of Appeals, created under Wis. Stats. § 62.23(7)(e), is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the secretary of the Board.
1.
Powers and duties. The Board of Appeals shall:
a.
Appeals Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;
b.
Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
c.
Variances Hear and decide, upon appeal, variances from the ordinance standards.
2.
Appeals to the board.
a.
Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
b.
Notice and hearing for appeals including variances.
i.
Notice The board shall:
1)
Fix a reasonable time for the hearing;
2)
Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and
3)
Assure that notice shall be mailed to the parties in interest and the Department Regional office at least ten days in advance of the hearing.
ii.
Hearing Any party may appear in person or by agent. The board shall:
1)
Resolve boundary disputes according to 23.02.91(7)(c)3.;
2)
Decide variance applications according to 23.02.91(7)(c)4.; and
3)
Decide appeals of permit denials according to 23.02.91(7)(c)
c.
Decision: The final decision regarding the appeal or variance application shall:
i.
Be made within a reasonable time;
ii.
Be sent to the Department Regional office within ten days of the decision;
iii.
Be a written determination signed by the chairman or secretary of the Board;
iv.
State the specific facts which are the basis for the Board's decision;
v.
Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
vi.
Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
3.
Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
a.
If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;
b.
The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
c.
If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to 23.02.91(8).
4.
Variance.
a.
The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:
i.
Literal enforcement of the ordinance will cause unnecessary hardship;
ii.
The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
iii.
The variance is not contrary to the public interest; and
iv.
The variance is consistent with the purpose of this ordinance in 23.02.91(1)(c)
b.
In addition to the criteria in a., to qualify for a variance under FEMA regulations, the following criteria must be met:
i.
The variance shall not cause any increase in the regional flood elevation;
ii.
Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and
iii.
Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance.
c.
A variance shall not:
i.
Grant, extend or increase any use prohibited in the zoning district;
ii.
Be granted for a hardship based solely on an economic gain or loss;
iii.
Be granted for a hardship which is self-created.
iv.
Damage the rights or property values of other persons in the area;
v.
Allow actions without the amendments to this ordinance or map(s) required in 23.02.91(8); and
vi.
Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
d.
When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
(d)
To review appeals or permit denials.
1.
The Board shall review all data related to the appeal. This may include:
a.
Permit application data listed in 23.02.91(7)(a)2.;
b.
Floodway/floodfringe determination data in 23.02.91(5)(d);
c.
Data listed in 23.02.91(3)(c)1.b. where the applicant has not submitted this information to the Zoning Administrator; and
d.
Other data submitted with the application, or submitted to the Board with the appeal.
2.
For appeals of all denied permits the Board shall:
a.
Follow the procedures of 23.02.91(7)(c);
b.
Consider zoning agency recommendations; and
c.
Either uphold the denial or grant the appeal.
3.
For appeals concerning increases in regional flood elevation the Board shall:
a.
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of 23.02.91(8); and
b.
Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
(e)
Floodproofing standards for nonconforming structures or uses.
1.
No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate.
2.
For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
a.
Certified by a registered professional engineer or architect; or
b.
Meets or exceeds the following standards:
i.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
ii.
The bottom of all openings shall be no higher than one foot above grade; and
iii.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
3.
Floodproofing measures shall be designed, as appropriate, to:
a.
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
b.
Protect structures to the flood protection elevation;
c.
Anchor structures to foundations to resist flotation and lateral movement;
d.
Minimize or eliminate infiltration of floodwaters; and
e.
Minimize or eliminate discharges into floodwaters.
(f)
Public information.
1.
Place marks on structures to show the depth of inundation during the regional flood.
2.
All maps, engineering data and regulations shall be available and widely distributed.
3.
Real estate transfers should show what floodplain district any real property is in.
(8)
Amendments. Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with 23.02.91(8)(a).
(a)
In AE zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with 23.02.91(8)(a). Any such alterations must be reviewed and approved by FEMA and the DNR.
(b)
In A zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with 23.02.91(8)(a).
1.
General. The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in 23.02.91(8)(b) below. Actions which require an amendment to the ordinance and/ or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
a.
Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
b.
Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
c.
Any changes to any other officially adopted floodplain maps listed in 23.02.91(1)(e)2.b.;
d.
Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
e.
Correction of discrepancies between the water surface profiles and floodplain maps;
f.
Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Admin. Code, or otherwise required by law, or for changes by the municipality; and
g.
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
h.
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 62.23, for cities and villages. The petitions shall include all data required by 23.02.91 (5)(d) and 23.02.91 (7)(a)2. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
i.
The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 62.23, for cities and villages.
ii.
No amendments shall become effective until reviewed and approved by the Department.
iii.
All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
(9)
Enforcement and penalties. Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.
(10)
Definitions. Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
(a)
A zones means those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
(b)
AH zone. See "area of shallow flooding" definition.
(c)
AO zone. See "area of shallow flooding" definition.
(d)
Accessory structure or use means a facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
(e)
Alteration means an enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
(f)
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
(g)
Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
(h)
Basement means any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.
(i)
Building. See "structure" definition.
(j)
Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
(k)
Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by one or more camping units, or which is advertised or represented as a camping area.
(l)
Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
(m)
Certificate of compliance means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
(n)
Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
(o)
Crawlways or crawl space means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
(p)
Deck means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
(q)
Department means the Wisconsin Department of Natural Resources.
(r)
Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
(s)
Dryland access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
(t)
Encroachment means any fill, structure, equipment, use or development in the floodway.
(u)
Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program.
(v)
Flood insurance rate map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
(w)
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
1.
The overflow or rise of inland waters;
2.
The rapid accumulation or runoff of surface waters from any source;
3.
The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
4.
The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
(x)
Flood frequency means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
(y)
Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.
(z)
Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
(aa)
Flood insurance study means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
(bb)
Floodplain means land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
(cc)
Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
(dd)
Floodplain management means policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
(ee)
Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
(ff)
Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
(gg)
Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: freeboard.)
(hh)
Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
(ii)
Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
(jj)
Freeboard means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
(kk)
Habitable structure means any structure or portion thereof used or designed for human habitation.
(ll)
Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
(mm)
High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
(nn)
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(oo)
Historic structure means any structure that is either:
1.
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
(pp)
Increase in regional flood height means a calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
(qq)
Land use means any nonstructural use made of unimproved or improved real estate. (Also see "Development".)
(rr)
Lowest adjacent grade means elevation of the lowest ground surface that touches any of the exterior walls of a building.
(ss)
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
(tt)
Maintenance means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
(uu)
Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
(vv)
Mobile/manufactured home park or subdivision means a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
(ww)
Mobile/manufactured home park or subdivision, existing means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
(xx)
Mobile/manufactured home park, expansion to existing means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
(yy)
Mobile recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
(zz)
Model, corrected effective means a hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
(aaa)
Model, duplicate effective means a copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
(bbb)
Model, effective means the hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
(ccc)
Model, existing (pre-project) means a modification of the Duplicate Effective Model or Corrected Effective Model to reflect any manmade modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
(ddd)
Model, revised (post-project) means a modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post project conditions.
(eee)
Municipality or Municipal means the county, City or village governmental units enacting, administering and enforcing this zoning ordinance.
(fff)
NAVD or North American Vertical Datum means elevations referenced to mean sea level datum, 1988 adjustment.
(ggg)
NGVD or National Geodetic Vertical Datum means elevations referenced to mean sea level datum, 1929 adjustment.
(hhh)
New construction means for floodplain management purposes, "new construction means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
(iii)
Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
(jjj)
Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
(kkk)
Obstruction to flow means any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
(lll)
Official floodplain zoning map means that map, adopted and made part of this ordinance, as described in 23.02.91(1)(e)2. which has been approved by the Department and FEMA.
(mmm)
Open space use means those uses having a relatively low flood damage potential and not involving structures.
(nnn)
Ordinary highwater mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(ooo)
Person means an individual, or group of individuals, corporation, partnership, association, municipality or state agency.
(ppp)
Private sewage system means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
(qqq)
Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
(rrr)
Reasonable safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
(sss)
Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
(ttt)
Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(uuu)
Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
(vvv)
Subdivision has the meaning given in Wis. Stats. § 236.02(12).
(www)
Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
(xxx)
Substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
(yyy)
Unnecessary hardship means where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
(zzz)
Variance means an authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
(aaaa)
Violation means the failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
(bbbb)
Watershed means the entire region contributing runoff or surface water to a watercourse or body of water.
(cccc)
Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
(dddd)
Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
(1)
Purpose. The consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the well head protection overlay district (WH) is to help protect municipal well groundwater resources from contamination by certain land use activities. This is accomplished by imposing certain land use restrictions upon the area located within the approximate groundwater recharge area of the City municipal wells. The restrictions imposed upon the property within this overlay district are in addition to the regulations governing the underlying residential, commercial, industrial or other zoning districts or any other provisions of the zoning ordinance.
(2)
General provisions.
(a)
The regulations established by this overlay district are intended to either prohibit certain land uses that might otherwise be permitted in the underlying zoning districts or to allow certain activities as a conditional use that might otherwise be permitted in the underlying zoning district.
(b)
The uses prohibited in the well head protection overlay district are activities that, as a result of normal operations or accidents, may impair groundwater quality. These prohibitions are intended to provide a reasonably high degree of assurance that, within the municipal well recharge area, discharges of contaminants into the groundwater supply will be minimized. These preventive measures are important since groundwater clean-up is often prohibitively expensive, and liability for such clean-up is often hard or impossible to establish.
(c)
The uses prohibited within a well head protection overlay district are prohibited based upon the pollution experience of the individual uses, the operational methods and technology generally employed by that type of use, or the materials or products commonly handled by these uses. As the technology of identified uses changes to nonrisk materials or operational methods, the list of prohibited land uses may be amended to reflect these changes.
(3)
Establishment of districts. For purposes of minimizing the potential for groundwater contamination in close proximity to the municipal wells, two zoning districts are established: The Well Head Zone A (WH-A) and the Well Head Zone B (WH-B).
(a)
Zone WH-A is identified as the primary source of water for recharge of the municipal well aquifer and as the area from which groundwater contaminants are most likely to be transmitted to the municipal wells. Zone WH-A is more restrictive than Zone WH-B.
(b)
Zone WH-B is identified as a secondary source of water for recharge of the municipal wells aquifer and as an area where there is a lower probability of surface contaminants reaching the municipal well fields. Zone WH-B is less restrictive than Zone WH-A.
(4)
Permitted and prohibited uses.
(a)
Well Head Zone A (WH-A). All principal and accessory uses which are permitted uses within the underlying zoning districts are permitted within Zone A of the well head protection overlay district except the following uses, which are specifically prohibited and those uses identified as conditional uses in section (5):
1.
Areas for dumping or disposal of garbage, refuse or trash;
2.
Asphalt products manufacture;
3.
Automobile service stations;
4.
Building materials and products sales;
5.
Freight and express facilities;
6.
Car washes;
7.
Cemeteries;
8.
Chemical processing and manufacturing;
9.
Contractor or construction shops or yards;
10.
Demolition and construction material disposal sites;
11.
Dry cleaning establishments;
12.
Electroplating and powder coating;
13.
Exterminating shops or businesses;
14.
Feed and seed sales;
15.
Foundries and forge plants;
16.
Fuel and ice sales;
17.
Garages for repair and servicing of motor vehicles, including body repair, painting or engine rebuilding;
18.
Garden supply, tool and seed stores;
19.
Greenhouses and nurseries;
20.
Heavy machinery production;
21.
Industrial liquid waste storage areas;
22.
Junk yards and auto graveyards;
23.
Leather tanning or processing;
24.
Linoleum manufacturing;
25.
Machine shop;
26.
Metal reduction and refinement;
27.
Metal stamping;
28.
Mining operations;
29.
Motor freight terminals;
30.
Outdoor kennels;
31.
Paint products manufacture;
32.
Paper products manufacture;
33.
Petroleum products storage or processing;
34.
Photography studios which include the developing of film and pictures;
35.
Plastics manufacture;
36.
Printing and publishing establishments;
37.
Rubber processing or manufacture;
38.
Sewage treatment plants;
39.
Soap manufacture;
40.
Steel manufacture;
41.
Stone products manufacture;
42.
Underground petroleum products storage tanks for industrial, commercial, residential or other uses;
43.
Woodworking and wood products.
(b)
Well Head Zone B (WH-B). All principal and accessory permitted uses within the underlying zoning districts are permitted within Zone B of the well head protection overlay district except those uses identified as conditional uses in subsection (5) below and underground petroleum products storage tanks for residential use. Said tanks are specifically prohibited in Zone B.
(5)
Conditional uses.
(a)
The following conditional uses may be allowed in the WH-A Zone subject to the provisions of section 23.10.32:
1.
Any other business or industrial use which is not listed as a prohibited use in subsection (4)(a) above provided that the proposed use is a permitted or conditional use in the underlying zoning district.
(b)
The following conditional uses may be allowed in the WH-B Zone subject to the provisions of section 23.10.32:
1.
Underground petroleum products storage tanks for industrial, commercial or other nonresidential uses;
2.
Any business or industrial use provided that the proposed use is a permitted or conditional use in the underlying zoning district.
(6)
Nonconforming uses. Any lawfully existing building, structure or use which does not conform to the regulations of a mapped well head protection overlay district may be continued subject to the following provisions:
(a)
For nonconforming buildings, structures or uses which were nonconforming prior to being designated as part of a well head protection overlay district, the regulations in article V apply.
(b)
For nonconforming buildings, structures or uses which are made nonconforming through establishment of a well head protection overlay district, the regulations identified in article V also apply; however, these regulations may be modified to meet the particular circumstances surrounding the particular building, structure, or use through the conditional use process as identified in section 23.10.32.
(1)
Purpose. The purpose of the river edge overlay district is to help protect the water quality and scenic resources of the Wisconsin River by reducing soil bank erosion, establishing building setback regulations, and regulating signs near the river's edge. The establishment of this district is intended to help promote the public health, safety and general welfare of the community.
(2)
General provisions. The restrictions imposed upon property within, and in certain cases adjacent to, the river edge overlay district are in addition to the regulations governing the underlying residential, commercial, industrial or other zoning districts or any other provisions of the Wausau Municipal Code. The river edge overlay district establishes building setback and sign regulations that are generally more stringent than those of the underlying zoning district.
(3)
Establishment of district. To implement the purpose and general provisions of this title, the RE, river edge overlay district, is established. The area encompassed by this zoning district is located from the ordinary high water mark of the Wisconsin River inland a distance of 50 feet on any property so designated on the City of Wausau zoning map by the Wausau common council. The location of the ordinary high water mark shall be determined by the director of inspections and electrical systems in consultation with the Wisconsin Department of Natural Resources.
(4)
Permitted and conditional uses. The provisions of the river edge overlay district do not affect the underlying permitted or conditional uses which are allowed in the respective underlying zoning districts nor the other regulations governing land use in those districts except as specifically described herein. Only those uses which are allowed in the underlying zoning district as a permitted or conditional use may be considered for establishment within the RE district.
(7)
Yard requirements. No building may be constructed nor may an existing building be expanded within the river edge overlay district unless the construction or expansion activity is approved following a public hearing before the City plan commission and in accordance with section 23.10.32 of the Zoning Code governing conditional uses.
(5)
Nonconforming buildings and uses. Any lawfully existing building, structure or use which does not conform to the regulations of a mapped river edge overlay district may be continued subject to the following provisions:
(a)
For nonconforming buildings, structures or uses which were nonconforming prior to being designated as part of a river edge overlay district, the regulations of article V apply.
(b)
For nonconforming buildings, structures or uses which are made nonconforming through establishment of a river edge overlay district, the regulations identified in article V also apply; however, these regulations may be modified to meet the particular circumstances surrounding the particular building, structure or use through the conditional use process as identified in Section 23.10.32.
(1)
Purpose of woodland protection requirements: Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing air-borne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rates (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities which further reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.
(2)
Definition: Woodlands are areas of trees whose combined canopies cover a minimum of 70 percent of an area of one acre or more, as shown on the most recent available air photos for the City of Wausau and its environs. Woodlands shall not include tree lines, tree farms, or orchards.
(3)
Determination of woodland boundaries: Upon the proposal of development activity on any property as part of an annexation, conceptual land division, annexation, site plan, or general development plan, the petitioner shall prepare a detailed site analysis per the requirements of section 23.10.42. This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of subsection (2), above.
(4)
Mandatory woodland protection requirements: Woodlands shall remain in an undisturbed state except for the following activities:
(a)
Removal of dead, dying, damaged, or diseased trees.
(b)
Vegetation management, including removal of invasive species.
(c)
Any Passive Outdoor Recreation land use.
(d)
The cutting of up to 30 percent of the woodland area as approved on a site plan, general development plan, preliminary plat, or certified survey map.
1.
Cutting over 30 percent of the woodland area can be exceeded in some instances with the approval of a conditional use permit or Planned Unit Development.
ESTABLISHMENT OF ZONING DISTRICTS
The area located within the jurisdiction of this title is hereby divided into zoning districts of such number as is necessary to achieve compatibility of land uses within each district, to implement the City of Wausau Comprehensive Plan, and to achieve the other purposes of this title.
For the purpose of this title, all areas within the jurisdiction of this title are hereby divided into the following standard zoning districts.
(Ord. No. 61-5883, § 2, 5-11-2021)
Zoning districts established by this title are shown on the Official Zoning Map of the City of Wausau, which together with all explanatory materials thereon, is hereby made part of this title.
The following rules shall be used to determine the precise location of any zoning district boundary shown on the Official Zoning Map of the City of Wausau:
(1)
Zoning district boundaries shown as following or approximately following the limits of any City, town, or county boundary shall be construed as following such limits.
(2)
Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.
(3)
Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the City of Wausau or Marathon County tax maps shall be construed as following such lines.
(4)
Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.
(5)
Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.
(6)
Zoning district boundaries shown as separated from, any of the features listed in paragraphs (1) through (5), above, shall be construed to be at such distances there from as are shown on the Official Zoning Map.
(7)
Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the Official Zoning Map, the location of the line shall be determined by the Zoning Administrator.
(8)
Land that is annexed into the City of Wausau shall be automatically zoned to the SR-2 Single-family Residential-2 Zoning District unless a concurrent petition to zone the property to another zoning district is submitted, following the procedures in section 23.10.31 of the City's Zoning Ordinance.
(Ord. No. 61-5896, § 2, 12-14-2021)
The following Sections specify the description and purpose of the standard zoning districts established by this title, establish principal and accessory uses permitted by right or as conditional uses, establish bulk, density, and intensity standards, and reference other applicable regulations. Definitions and regulations for land uses are provided in article III. Section 23.03.05 includes a Table of Land Uses indicating which land uses are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory uses, or as temporary uses.
(1)
Intent. This district intended to permit very low-density single family detached residential development at a density of no more than one dwelling unit for every 35 gross acres. This district acts as a "holding zone" to preserve productive agricultural lands in the long-term, protect existing farm operations from encroachment by incompatible uses, promote further investments in farming, and may maintain eligibility for farming incentive programs.
(2)
Principal Uses Permitted by Right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (35-acre lot).
(b)
Single family living arrangement.
(c)
Artisan production shop.
(d)
Commercial animal boarding/daycare.
(e)
Water-related recreation.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Cultivation.
(l)
Community garden.
(m)
Market garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet to two-acre lot).
(b)
Live/work unit.
(c)
Bed and breakfast.
(d)
Vacation rental home.
(e)
Campground.
(f)
Indoor maintenance service.
(g)
Outdoor maintenance service.
(h)
Intensive outdoor activity.
(i)
Indoor institutional.
(j)
Large scale public services and utilities.
(k)
Production greenhouse.
(l)
Indoor food cultivation and farming.
(m)
Indoor storage and wholesaling.
(n)
Outdoor storage and wholesaling.
(o)
Personal storage facility.
(p)
Transit center.
(q)
Airport.
(r)
Heliport.
(s)
Communication tower.
(t)
Large wind energy system.
(u)
Large solar energy system.
(v)
Husbandry.
(w)
On-site agricultural retail.
(x)
Intensive agriculture.
(y)
Agricultural services.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Company cafeteria.
(ii)
Incidental outdoor storage.
(jj)
Satellite dish.
(kk)
Personal antenna and towers.
(ll)
Communication antenna.
(mm)
Small wind energy system.
(nn)
Small solar energy system.
(oo)
Farm residence.
(pp)
Residential stable.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Migrant employee housing.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Garage or estate sale.
(d)
Farmer's market.
(e)
Temporary farm product sales/roadside stand.
(f)
Temporary outdoor sales*.
(g)
Temporary outdoor assembly*.
(h)
Temporary on-site construction storage*.
(i)
Temporary contractor's project office*.
(j)
Temporary on-site real estate sales office*.
(k)
Temporary relocated building.
(l)
Temporary shelter structure.
(m)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (RH-35) Rural Holding District.
*Note: This district is designed to allow the property owner to create one new lot (with a minimum lot area of 20,000 square feet and a maximum lot area of two acres) from a "parent lot" of between one and 70 acres. The new lot may include the existing residence, allowing the rest of the undeveloped original lot to be sold. The required maximum residential density of one dwelling per 35 acres is intended to retain agricultural or other rural uses until urban services are available to enable a zoning map amendment to a development-oriented zoning district.
(Ord. No. 61-5883, § 3, 5-11-2021)
(1)
Intent. This district intended to preserve and enhance existing areas of very low-density single family detached dwellings. Unlike the case for the (RH-35) Rural Holding District, the land use standards for this district permit primarily single-family detached residential development at an approximate density of two dwelling units per acre and a variety of related institutional land uses. It is not oriented to a wide range of agricultural activities. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-2 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Existing two-family land use (as of the adoption of this Code).
(c)
Single family living arrangement.
(d)
Outdoor open space institutional.
(e)
Passive outdoor recreation.
(f)
Active outdoor recreation.
(g)
Essential services.
(h)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(i)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(d)
Indoor institutional.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Communication antenna.
(kk)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (SR-2) Single Family Residential-2 District.
(Ord. No. 61-5883, § 4, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of three dwelling units per acre. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-3 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Existing two-family land use (as of the adoption of this Code).
(a)
Single family living arrangement.
(b)
Outdoor open space institutional.
(c)
Passive outdoor recreation.
(d)
Active outdoor recreation.
(e)
Essential services.
(f)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(g)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as Conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (SR-3) Single Family Residential-3 District.
(Ord. No. 61-5883, § 5, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of five dwelling units per acre. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-5 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Existing two-family land use (as of the adoption of this Code).
(e)
Single family living arrangement.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (SR-5) Single-Family Residential-5 District.
(Ord. No. 61-5883, § 6, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for moderate density single family detached dwellings at an approximate density of seven dwelling units per acre. As of the adoption of this Code, any existing two-family use on a parcel zoned Single-Family Residential-7 is a legal conforming land use.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(e)
Existing two-family land use (as of the adoption of this Code).
(f)
Single family living arrangement.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(l)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Residential apiary.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (SR-7) Single Family Residential-7 District.
*Note: This district is designed to allow alleys in the rear of the lot. Minimum alley dimensions are included in the minimum rear setback dimension. For minimum alley dimensions see the City of Wausau Municipal Code title 12.
(Ord. No. 61-5883, § 7, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance subdivisions exclusively for mobile home developments at an approximate density of seven dwelling units per acre. The regulations for Mobile Homes and Mobile Home Parks contained in chapter 16, division 3, of the Wausau Municipal Code shall apply in addition to the requirements of this zoning district. Where there are conflicts between this ordinance and chapter 16, the more restrictive regulations shall apply.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (10,000 square feet).
(b)
Single family dwelling unit (7,000 square feet).
(c)
Mobile home (5,000 square feet).
(d)
Mobile home subdivision or park (five acres).
(e)
Single family living arrangement.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Mobile home subdivision or park (five acres).
(b)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(c)
Communication tower.
(d)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (MH-7) Mobile Home Residential-7 District. (A mobile home that is replacing an existing unit can meet either the following table or the setbacks met by the existing unit, whichever are less restrictive.)
(Ord. No. 61-5883, § 8, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for single family detached and two family attached dwellings at an approximate density of eight dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(a)
Duplex (9,600 square feet).
(b)
Twin house (9,600 square feet).
(c)
Two-flat (7,000 square feet).
(d)
Single family living arrangement.
(e)
Outdoor open space institutional.
(f)
Passive outdoor recreation.
(g)
Active outdoor recreation.
(h)
Essential services.
(i)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(j)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(b)
Communication tower.
(c)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(7)
Density, intensity, and bulk regulations for the (DR-8) Duplex Residential-8 District.
*When multiple units are located on a single parcel, a minimum lot width of 80 feet and a minimum side yard setback of eight feet is required. When individual units are located on separate parcels, a minimum lot width of 30 feet, a minimum side yard setback of zero feet for the shared wall, and a minimum side yard setback of eight feet is required.
(Ord. No. 61-5883, § 9, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for single family detached and two flat dwellings at an approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(e)
Two flat (7,000 square feet).
(f)
Single family living arrangement.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(l)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (five to eight units per building).
(b)
Multiplex (three to four units per building).
(c)
Multiplex (five to eight units per building).
(d)
Apartment (three to four units per building).
(e)
Apartment (five to eight units per building).
(f)
Boarding house living arrangement.
(g)
Live/work unit.
(h)
Group day care.
(i)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(j)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(k)
Institutional residential (assisted living).
(l)
Transit center.
(m)
Off-street parking lot.
(n)
Communication tower.
(o)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Communication antenna.
(c)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Garage or estate sale.
(c)
Temporary outdoor assembly*.
(d)
Temporary on-site construction storage*.
(e)
Temporary contractor's project office*.
(f)
Temporary on-site real estate sales office*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (TF-10) Two Flat Residential-10 District.
(Ord. No. 61-5883, § 10, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for townhome multi-family uses in small buildings oriented to the street, at low densities up to 12 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Duplex (9,600 square feet).
(b)
Twin house (9,600 square feet).
(c)
Two flat (7,000 square feet).
(d)
Townhouse (two to four units per building).
(e)
Single family living arrangement.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Active outdoor recreation.
(i)
Essential services.
(j)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(k)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (five to eight units per building).
(b)
Multiplex (three to four units per building).
(c)
Multiplex (five to eight units per building).
(d)
Apartment (three to four units per building).
(e)
Apartment (five to eight units per building).
(f)
Boarding house living arrangement.
(g)
Live/work unit.
(h)
Group day care.
(i)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(j)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(k)
Institutional residential (assisted living).
(l)
Transit center.
(m)
Communication tower.
(n)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Residential kennel.
(aa)
Home occupation.
(bb)
In-home daycare (four to eight children).
(cc)
Boathouse.
(dd)
In-family suite.
(ee)
Tourist rooming house.
(ff)
Nonresidential accessory structure.
(gg)
On-site parking lot.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Accessory dwelling unit.
(b)
Communication antenna.
(c)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (TRD-12) Townhome Residential-12 District.
*When multiple units are located on a single parcel, a minimum lot width of 80 feet and a minimum side yard setback of eight feet is required. When individual units are located on separate parcels, a minimum lot width of 30 feet, a minimum side yard setback of zero feet for the shared wall, and a minimum side yard setback of eight feet is required.
**Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(Ord. No. 61-5883, § 11, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small buildings such as multiplexes or apartments at low densities, up to 12 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Duplex (9,600 square feet).
(b)
Twin house (9,600 square feet).
(c)
Two flat (7,000 square feet).
(d)
Townhouse (two to four units per building).
(e)
Multiplex (three to four units per building).
(f)
Apartment (three to four units per building).
(g)
Single family living arrangement.
(h)
Outdoor open space institutional.
(i)
Passive outdoor recreation.
(j)
Active outdoor recreation.
(k)
Essential services.
(l)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(m)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (five to eight units per building).
(b)
Multiplex (five to eight units per building).
(c)
Apartment (five to eight units per building).
(d)
Boarding house living arrangement.
(e)
Live/work unit.
(f)
Group day care.
(g)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(h)
Communication tower.
(i)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
Satellite dish.
(hh)
Personal antenna and towers.
(ii)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(h)
Temporary moving container (residential).
(i)
Temporary outdoor assembly*.
(j)
Temporary on-site construction storage*.
(k)
Temporary contractor's project office*.
(l)
Temporary on-site real estate sales office*.
(m)
Temporary shelter structure.
(n)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (MRL-12) Multi-Family Residential-12 District.
*Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(Ord. No. 61-5883, § 12, 5-11-2021)
(1)
Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small and mid-sized buildings such as townhomes, multiplexes or apartments at medium densities, up to 20 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (two to four units per building).
(b)
Townhouse (five to eight units per building).
(c)
Multiplex (three to four units per building).
(d)
Multiplex (five to eight units per building).
(e)
Apartment (three to four units per building).
(f)
Apartment (five to eight units per building).
(g)
Apartment (nine to 12 units per building).
(h)
Apartment (13 to 16 units per building).
(i)
Apartment (17 to 20 units per building).
(j)
Single family living arrangement.
(k)
Outdoor open space institutional.
(l)
Passive outdoor recreation.
(m)
Active outdoor recreation.
(n)
Essential services.
(o)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(p)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartment (21 to 36 units per building).
(b)
Boarding house living arrangement.
(c)
Live/work unit.
(d)
Group daycare center.
(e)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(f)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(g)
Institutional residential (assisted living).
(h)
Transit center.
(i)
Communication tower.
(j)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site Structured Parking.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (MRM-20) Multi-Family Residential-20 District.
*Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(1)
Intent. This district intended to create, preserve, and enhance areas for multi-family uses in mid and large-sized buildings such as multiplexes or apartments at higher densities, up to 50 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Townhouse (two to four units per building).
(b)
Townhouse (five to eight units per building).
(c)
Multiplex (three to four units per building).
(d)
Multiplex (five to eight units per building).
(e)
Apartment (three to four units per building).
(f)
Apartment (five to eight units per building).
(g)
Apartment (nine to 12 units per building).
(h)
Apartment (13 to 16 units per building).
(i)
Apartment (17 to 20 units per building).
(j)
Apartment (21 to 36 units per building).
(k)
Single family living arrangement.
(l)
Outdoor open space institutional.
(m)
Passive outdoor recreation.
(n)
Active outdoor recreation.
(o)
Essential services.
(p)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(q)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartment (37+ units per building).
(b)
Boarding house living arrangement.
(c)
Live/work unit.
(d)
Group daycare center.
(e)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(f)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(g)
Institutional residential (assisted living).
(h)
Transit center.
(i)
Communication tower.
(j)
Cultivation.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site Structured Parking.
(hh)
Satellite dish.
(ii)
Personal antenna and towers.
(jj)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, Intensity, and Bulk Regulations for the (MRH-50) Multi-Family Residential-50 District.
*Staff can reduce attached garage setback requirements to accommodate topographic or natural features.
(1)
Intent. This district is intended to permit both large- and small-scale institutional development including those on single sites within larger areas of both residential and nonresidential zoning districts. Residential uses are intended to occur at an approximate density of one dwelling unit per acre or a density similar to the adjacent zoning districts, whichever is less restrictive. This district avoids the creation of commercial spot zone intrusions in primarily residential or industrial areas where spots of commercial zoning may be incompatible.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Artisan production shop.
(d)
Group daycare center.
(e)
Water-related recreation.
(f)
Indoor institutional.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(l)
Cultivation.
(m)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Physical activity studio.
(b)
Commercial kitchen.
(c)
Indoor maintenance service.
(d)
Large scale public service and utilities.
(e)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(f)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(g)
Institutional residential (assisted living).
(h)
Off-site parking lot.
(i)
Off-site structured parking.
(j)
Communication tower.
(k)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site structured parking.
(hh)
Company cafeteria.
(ii)
Incidental indoor sales.
(jj)
Incidental light industrial.
(kk)
Incidental outdoor storage.
(ll)
Satellite dish.
(mm)
Personal antenna and towers.
(nn)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(c)
Helipad.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23-87 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary Outdoor Sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (I) Institutional District.
(1)
Intent. This district is intended to permit residential development and small-scale commercial uses that are compatible with adjacent residential uses and established neighborhood-level commercial corridors. Residential uses are intended to occur at an approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family dwelling unit (15,000 square feet).
(b)
Single family dwelling unit (10,000 square feet).
(c)
Single family dwelling unit (7,000 square feet).
(d)
Single family dwelling unit (4,000 square feet).
(e)
Single family living arrangement.
(f)
Twin house (9,600 square feet).
(g)
Two-flat (7,000 square feet).
(h)
Townhouse (two to four units per building).
(i)
Apartments with limited commercial.
(j)
Mixed-use building.
(k)
Live/work unit.
(l)
Office.
(m)
Personal or professional service.
(n)
Indoor sales or service.
(o)
Bed and breakfast.
(p)
Indoor maintenance service.
(q)
Indoor institutional.
(r)
Outdoor open space institutional.
(s)
Passive outdoor recreation.
(t)
Active outdoor recreation.
(u)
Essential services.
(v)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(w)
Cultivation.
(x)
Community garden.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Duplex (9,600 square feet).
(b)
Multiplex (three to four units per building).
(c)
Apartment (three to four units per building).
(d)
Boarding house living arrangement.
(e)
Artisan production shop.
(f)
Physical activity studio.
(g)
Commercial kitchen.
(h)
Restaurants, taverns, and indoor commercial entertainment.
(i)
Outdoor commercial entertainment.
(j)
Drive-through and in-vehicle sales or service.
(k)
Group daycare center.
(l)
Commercial animal boarding/daycare.
(m)
Vacation rental home.
(n)
Large scale public service and utilities.
(o)
Off-site parking lot.
(p)
Off-site structed parking.
(q)
Communication tower.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
Company cafeteria.
(hh)
Incidental outdoor display.
(ii)
Incidental indoor sales.
(jj)
Incidental light industrial.
(kk)
Incidental outdoor storage.
(ll)
Satellite dish.
(mm)
Personal antenna and towers.
(nn)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (NMU) Neighborhood Mixed Use District.
(Ord. No. 61-4057-730, § 1, 1-23-2024
(1)
Intent. This district is intended to permit a wide range of freestanding large and mid-scale office, retail, and service uses that are compatible with the desired community character. Residential uses, industrial, and big box stores are not intended to occur in this district.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Mixed-use building.
(c)
Office.
(d)
Personal or professional service.
(e)
Indoor sales or service.
(f)
Artisan production shop.
(g)
Restaurants, taverns, and indoor commercial entertainment.
(h)
Drive-through and in-vehicle sales or service.
(i)
Group daycare center.
(j)
Indoor maintenance service.
(k)
Indoor institutional.
(l)
Outdoor open space institutional.
(m)
Passive outdoor recreation.
(n)
Active outdoor recreation.
(o)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Outdoor display.
(b)
Physical activity studio.
(c)
Commercial kitchen.
(d)
Outdoor commercial entertainment.
(e)
Commercial animal boarding/daycare.
(f)
Commercial indoor lodging.
(g)
Water-related recreation.
(h)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(i)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(j)
Transit center.
(k)
Off-site parking lot.
(l)
Off-site structured parking.
(m)
Communication tower.
(n)
Cultivation.
(o)
Community garden.
(p)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site Structured Parking.
(hh)
Company cafeteria.
(ii)
Incidental outdoor display.
(jj)
Incidental indoor sales.
(kk)
Incidental light industrial.
(ll)
Incidental outdoor storage.
(mm)
Satellite dish.
(nn)
Personal antenna and towers.
(oo)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(c)
Helipad.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (SO) Suburban Office District.*
(8)
[Additional performance standards.] See article VI for additional performance standards specific to the SO district.
(Ord. No. 61-5883, § 13, 5-11-2021; Ord. No. 61-4057-730, § 2, 1-23-2024)
(1)
Intent. This district is intended to permit a wide range of freestanding large and mid-scale office, retail, service, lodging, and entertainment uses that are compatible with the desired community character along major commercial corridors. Residential uses are intended to occur at an approximate density of up to 36 dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Apartments with limited commercial.
(c)
Mixed-use building.
(d)
Live/work unit.
(e)
Office.
(f)
Personal or professional service.
(g)
Indoor sales or service.
(h)
Artisan production shop.
(i)
Physical activity studio.
(j)
Commercial kitchen.
(k)
Restaurants, taverns, and indoor commercial entertainment.
(l)
Drive-through and in-vehicle sales or service.
(m)
Group daycare center.
(n)
Indoor maintenance service.
(o)
Indoor institutional.
(p)
Outdoor open space institutional.
(q)
Passive outdoor recreation.
(r)
Active outdoor recreation.
(s)
Essential services.
(t)
Community living arrangement (one to eighty residents) meeting the requirements of section 23.03.12(7).
(u)
Bed and breakfast.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Outdoor display.
(b)
Outdoor commercial entertainment.
(c)
Commercial animal boarding/daycare.
(d)
Commercial indoor lodging.
(e)
Vehicle sales.
(f)
Vehicle service and repair.
(g)
Water-related recreation.
(h)
Large scale public services and utilities.
(i)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(j)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(k)
Transit center.
(l)
Off-site parking lot.
(m)
Off-site structed parking.
(n)
Communication tower.
(o)
Cultivation.
(p)
Community garden.
(q)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-Site structured parking.
(hh)
Company cafeteria.
(ii)
Incidental outdoor display.
(jj)
Incidental indoor sales.
(kk)
Incidental light industrial.
(ll)
Incidental outdoor storage.
(mm)
Satellite dish.
(nn)
Personal antenna and towers.
(oo)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(c)
Helipad.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (SMU) Suburban Mixed-Use District.*
(8)
[Additional performance standards.] See article VI for additional performance standards specific to the SMU district.
(Ord. No. 61-5883, § 14, 5-11-2021; Ord. No. 61-4057-730, § 3, 1-23-2024)
(1)
Intent. This district is intended to permit areas, generally on established commercial corridors, that are or are planning to become mixed use in character and establish standards that are compatible with the existing mix of land uses and redevelopment objectives. This district is intended to provide for a variety of employment, retail, and community service opportunities, while allowing some residential uses at an approximate density of up to 36 dwelling units per acre. Residential uses should not become the majority ground floor land use in this district. As of the adoption of this Code, any existing single-family or two-family use on a parcel zoned Urban Mixed-Use is a legal conforming land use. Uses shall be compatible not only with other uses within the district, but land uses in adjoining zoning districts as well.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Existing single-family or two-family land use (as of the adoption of this Code).
(b)
Townhouse two to four units.
(c)
Townhouse five to eight units.
(d)
Multiplex three to four units.
(e)
Multiplex five to eight units.
(f)
Apartments three to four units.
(g)
Apartments five to eight units.
(h)
Apartments nine to 12 units.
(i)
Apartments 13 to 16 units.
(j)
Apartments 17 to 20 units.
(k)
Single family living arrangement.
(l)
Apartments with limited commercial.
(m)
Mixed-use building.
(n)
Live/work unit.
(o)
Office.
(p)
Personal or professional service.
(q)
Indoor sales or service.
(r)
Artisan production shop.
(s)
Physical activity studio.
(t)
Commercial kitchen.
(u)
Restaurants, taverns, and indoor commercial entertainment.
(v)
Drive-through and in-vehicle sales or service.
(w)
Group daycare center.
(x)
Indoor maintenance service.
(y)
Water-related recreation.
(z)
Indoor institutional.
(aa)
Outdoor open space institutional.
(bb)
Passive outdoor recreation.
(cc)
Active outdoor recreation.
(dd)
Essential services.
(ee)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(ff)
Bed and breakfast.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartments 21 to 36 units.
(b)
Roommate living arrangement (four+ units).
(c)
Boarding house living arrangement.
(d)
Outdoor display.
(e)
Outdoor commercial entertainment.
(f)
Commercial animal boarding/daycare.
(g)
Commercial indoor lodging.
(h)
Vehicle sales.
(i)
Vehicle service and repair.
(j)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(k)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(l)
Institutional residential (assisted living).
(m)
Production greenhouse.
(n)
Indoor food cultivation and farming.
(o)
Transit center.
(p)
Off-site parking lot.
(q)
Off-site structured parking.
(r)
Communication tower.
(s)
Cultivation.
(t)
Community garden.
(u)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Home occupation.
(aa)
In-home daycare (four to eight children).
(bb)
Boathouse.
(cc)
In-family suite.
(dd)
Tourist rooming house.
(ee)
Nonresidential accessory structure.
(ff)
On-site parking lot.
(gg)
On-site structured parking.
(hh)
Company cafeteria.
(ii)
Incidental outdoor display.
(jj)
Incidental indoor sales.
(kk)
Incidental light industrial.
(ll)
Incidental outdoor storage.
(mm)
Satellite dish.
(nn)
Personal antenna and towers.
(oo)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Communication antenna.
(b)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (UMU) Urban Mixed-Use District.
(Ord. No. 61-5883, § 15, 5-11-2021; Ord. No. 61-4057-730, § 4, 1-23-2024)
(1)
Intent. This district is intended to permit both large- and small-scale established commercial and institutional development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. The district is also intended to act as a buffer between the historic and high-rise characteristics of the Central Business District and the lower-density residential neighborhoods surrounding it, however minimum height, maximum parking, and minimum setbacks will be required. These requirements will facilitate higher density development than the existing buildings within the district. Residential uses are intended to occur at a minimum approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartments nine to 12 units.
(b)
Apartments 13 to 16 units.
(c)
Apartments 17 to 20 units.
(d)
Apartments 21 to 36 units.
(e)
Apartments 37+ units.
(f)
Single family living arrangement.
(g)
Apartments with limited commercial.
(h)
Mixed-use building.
(i)
Live/work unit.
(j)
Office.
(k)
Personal or professional service.
(l)
Indoor sales or service.
(m)
Artisan production shop.
(n)
Physical activity studio.
(o)
Commercial kitchen.
(p)
Restaurants, taverns, and indoor commercial entertainment.
(q)
Group daycare center.
(r)
Indoor maintenance service.
(s)
Indoor institutional.
(t)
Outdoor open space institutional.
(u)
Passive outdoor recreation.
(v)
Active outdoor recreation.
(w)
Essential services.
(x)
Community living arrangement (one to eight residents) meeting the requirements of section 23.03.12(7).
(y)
Bed and breakfast.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Roommate living arrangement (four+ units).
(b)
Boarding house living arrangement.
(c)
Outdoor commercial entertainment.
(d)
Drive-through and in-vehicle sales or services.
(e)
Commercial animal boarding/daycare.
(f)
Commercial indoor lodging.
(g)
Water-related recreation.
(h)
Community living arrangement (nine to 15 residents) meeting the requirements of section 23.03.12(8).
(i)
Community living arrangement (16+ residents) meeting the requirements of section 23.03.12(9).
(j)
Institutional residential (assisted living).
(k)
Transit center.
(l)
Off-site parking lot.
(m)
Off-site structured parking.
(n)
Communication tower.
(o)
Cultivation.
(p)
Community garden.
(q)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
Tourist rooming house.
(c)
Nonresidential accessory structure.
(d)
On-site parking lot.
(e)
On-site structured parking.
(f)
Company cafeteria.
(g)
Incidental outdoor display.
(h)
Incidental indoor sales.
(i)
Incidental light industrial.
(j)
Incidental outdoor storage.
(k)
Satellite dish.
(l)
Personal antenna and towers.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
In-home daycare (four to eight children).
(aa)
Boathouse.
(bb)
In-family suite.
(cc)
Communication tower.
(dd)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (DPMU) Downtown Periphery Mixed-Use District.
*Any building exceeding three stories must provide a 15-foot to 20-foot stepback from the facade after the second or third story and must incorporate façade articulation if greater than 40 feet in width. See section 23.07.50 for design standards applicable to the DPMU district.
(Ord. No. 61-5883, § 16, 5-11-2021; Ord. No. 61-4057-730, § 5, 1-23-2024)
(1)
Intent. This district is intended to permit mid-scale downtown commercial development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. The district is also intended to retain the existing "Main Street" characteristics of the core blocks in Wausau's historic downtown. Residential uses are intended to occur above the first floor at a minimum approximate density of ten dwelling units per acre.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Apartments with limited commercial.
(c)
Mixed-use building.
(d)
Live/work unit.
(e)
Office.
(f)
Personal or professional service.
(g)
Indoor sales or service.
(h)
Artisan production shop.
(i)
Physical activity studio.
(j)
Commercial kitchen.
(k)
Restaurants, taverns, and indoor commercial entertainment.
(l)
Bed and breakfast.
(m)
Indoor maintenance service.
(n)
Indoor institutional.
(o)
Outdoor open space institutional.
(p)
Passive outdoor recreation.
(q)
Active outdoor recreation.
(r)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Roommate living arrangement (four+ units).
(b)
Boarding house living arrangement.
(c)
Outdoor commercial entertainment.
(d)
Group daycare center.
(e)
Commercial animal boarding/daycare.
(f)
Commercial indoor lodging.
(g)
Water-related recreation.
(h)
Transit center.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(n)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
Tourist rooming house.
(c)
Nonresidential accessory structure.
(d)
On-site parking lot.
(e)
On-site structured parking.
(f)
Company cafeteria.
(g)
Incidental outdoor display.
(h)
Incidental indoor sales.
(i)
Incidental light industrial.
(j)
Incidental outdoor storage.
(k)
Satellite dish.
(l)
Personal antenna and towers.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
In-home daycare (four to eight children.)
(aa)
Boathouse.
(bb)
In-family suite.
(cc)
Communication tower.
(dd)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23-87 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (DPMU) Downtown Periphery Mixed-Use District.
*Any building exceeding three stories must provide a 15-foot to 20-foot stepback from the facade after the second or third story and must incorporate façade articulation if greater than 40 feet in width. See section 23.07.50 for design standards applicable to the DPMU district.
(Ord. No. 61-4057-730, § 6, 1-23-2024)
(1)
Intent. This district is intended to permit large-scale established commercial, office, and institutional development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. The district is also intended to retain the existing high-rise characteristics of the Central Business District without compromising the historic development areas. Residential uses are intended to occur at a minimum approximate density of 20+ dwelling units per acre and shall be limited to a small portion of the ground floor.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Single family living arrangement.
(b)
Apartments with limited commercial.
(c)
Mixed-use building.
(d)
Live/work unit.
(e)
Office.
(f)
Personal or professional service.
(g)
Indoor sales or service.
(h)
Artisan production shop.
(i)
Physical activity studio.
(j)
Commercial kitchen.
(k)
Restaurants, taverns, and indoor commercial entertainment.
(l)
Indoor maintenance service.
(m)
Indoor institutional.
(n)
Outdoor open space institutional.
(o)
Passive outdoor recreation.
(p)
Active outdoor recreation.
(q)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Apartments 21 to 36 units.
(b)
Apartments 37+ units.
(c)
Roommate arrangement (four+ units)
(d)
Outdoor commercial entertainment.
(e)
Drive-through and in-vehicle sales or service.
(f)
Group daycare center.
(g)
Commercial animal boarding/daycare.
(h)
Commercial indoor lodging.
(i)
Water-related recreation.
(j)
Transit center.
(k)
Off-site parking lot.
(l)
Off-site structured parking.
(m)
Communication tower.
(n)
Cultivation.
(o)
Community garden.
(p)
Market garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
Tourist rooming house.
(c)
Nonresidential accessory structure.
(d)
On-site parking lot.
(e)
On-site structured parking.
(f)
Company cafeteria.
(g)
Incidental outdoor display.
(h)
Incidental indoor sales.
(i)
Incidental light industrial.
(j)
Incidental outdoor storage.
(k)
Satellite dish.
(l)
Personal antenna and towers.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
In-home daycare (four to eight children).
(aa)
Boathouse.
(bb)
In-family suite.
(cc)
Communication tower.
(dd)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (DRMU) Downtown Periphery Mixed-Use District.
*Any building exceeding three stories must provide a 15-foot to 20-foot stepback from the facade after the second or third story and must incorporate façade articulation if greater than 40 feet in width. See section 23.07.50 for design standards applicable to the DPMU district.
(Ord. No. 61-4057-730, § 7, 1-23-2024)
(1)
Intent. This district is intended to accommodate high-quality business, industrial, office, and related land uses at an intensity that is compatible with the overall community character of the City. This district typically takes the form of corporate headquarters, lab/tech industrial, and high-end industrial with higher standards than the industrial districts. Residential uses are not intended to occur in this district.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Artisan production shop.
(d)
Commercial animal boarding/daycare.
(e)
Indoor maintenance service.
(f)
Indoor institutional.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Essential services.
(j)
Light Industrial.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Physical activity studio.
(b)
Commercial kitchen.
(c)
Restaurants, taverns, and indoor commercial entertainment.
(d)
Outdoor commercial entertainment.
(e)
Drive-through and in-vehicle sales or services.
(f)
Group daycare center.
(g)
Commercial indoor lodging.
(h)
Water-related recreation.
(i)
Large scale public services and utilities.
(j)
Transit center.
(k)
Heliport.
(l)
Off-site parking lot.
(m)
Off-site structured parking.
(n)
Communication tower.
(o)
Cultivation.
(p)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Home occupation.
(b)
In-home daycare (four to eight children).
(c)
In-family suite.
(d)
Tourist rooming house.
(e)
Nonresidential accessory structure.
(f)
On-site parking lot.
(g)
On-site structured parking.
(h)
Company cafeteria.
(i)
Incidental outdoor display.
(j)
Incidental indoor sales.
(k)
Incidental light industrial.
(l)
Incidental outdoor storage.
(m)
Satellite dish.
(n)
Personal antenna and towers.
(o)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Arbor/trellis.
(b)
Basketball hoop.
(c)
Clothes line.
(d)
Flag pole.
(e)
Fountain.
(f)
Little library.
(g)
Little food pantry.
(h)
Picnic table.
(i)
Bench.
(j)
Gazebo/picnic shelter.
(k)
Patio.
(l)
Freestanding deck.
(m)
Seasonal decorations.
(n)
Shed/storage building.
(o)
Statue/art object.
(p)
Swimming pool/recreational court.
(q)
Swingset/play equipment/playhouse.
(r)
Paved play court (basketball, tennis, pickle ball, etc.).
(s)
Walkways/steps.
(t)
Refuse enclosure.
(u)
Outdoor kitchen.
(v)
Pond.
(w)
Garden, raised garden bed, landscape area, rain garden, or bioswale.
(x)
Birdbath, birdhouse, or birdfeeder.
(y)
Detached accessory building.
(z)
Boathouse.
(aa)
Communication tower.
(bb)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary Outdoor Sales*.
(e)
Temporary outdoor assembly*.
(f)
Temporary on-site construction storage*.
(g)
Temporary contractor's project office*.
(h)
Temporary on-site real estate sales office*.
(i)
Temporary relocatable building*.
(j)
Temporary shelter structure.
(k)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (RP) Research Park District.*
See article VI for additional performance standards specific to the RP district.
(1)
Intent. This district is intended to permit both small- and mid-scale industrial and office development at an intensity which is consistent with economic development objectives and compatible with adjacent residential and commercial development. The primary distinguishing feature of this district is that it is geared toward indoor industrial activities with some loading and unloading exposed which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Outdoor open space institutional.
(h)
Passive outdoor recreation.
(i)
Active outdoor recreation.
(j)
Essential services.
(k)
Light industrial.
(l)
Indoor storage and wholesaling.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Commercial animal boarding/daycare.
(b)
Vehicle service and repair.
(c)
Large scale public services and utilities.
(d)
Production greenhouse.
(e)
Indoor food production and processing.
(f)
Personal storage facility.
(g)
Transit center.
(h)
Distribution center.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupations.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
On-site structured parking.
(j)
Company cafeteria.
(k)
Incidental outdoor display.
(l)
Incidental indoor sales.
(m)
Incidental light industrial.
(n)
Incidental outdoor storage.
(o)
Satellite dish.
(p)
Personal antenna and towers.
(q)
Small wind energy system.
(r)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Communication antenna.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Farmer's market.
(d)
Temporary outdoor assembly*.
(e)
Temporary on-site construction storage*.
(f)
Temporary contractor's project office*.
(g)
Temporary on-site real estate sales office*.
(h)
Temporary relocatable building*.
(i)
Temporary shelter structure.
(j)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (LI) Light Industrial District.
(Ord. No. 61-4057-730, § 8, 1-23-2024)
(1)
Intent. This district is intended to permit mid-scale to large-scale industrial and office development at an intensity which is consistent with economic development objectives and compatible with adjacent residential and commercial development. The primary distinguishing feature of this district is that it is geared toward indoor industrial activities with some raw materials or finished products stored outside. This district tends to be heavy, but not typically a nuisance for adjoining properties.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Vehicle service and repair.
(h)
Outdoor open space institutional.
(i)
Passive outdoor recreation.
(j)
Essential services.
(k)
Light industrial.
(l)
Indoor storage and wholesaling.
(3)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Commercial animal boarding/daycare.
(h)
Vehicle service and repair.
(i)
Outdoor open space institutional.
(j)
Passive outdoor recreation.
(k)
Essential services.
(l)
Light industrial.
(m)
Indoor storage and wholesaling.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
On-site structured parking.
(j)
Company cafeteria.
(k)
Incidental outdoor display.
(l)
Incidental indoor sales.
(m)
Incidental light industrial.
(n)
Incidental outdoor storage.
(o)
Satellite dish.
(p)
Personal antenna and towers.
(q)
Small wind energy system.
(r)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Communication antenna.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary relocatable building*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (HI) Heavy Industrial District.
(Ord. No. 61-4057-730, § 9, 1-23-2024)
(1)
Intent. This district is intended to provide space for self-contained and isolated manufacturing and industrial operations which are incompatible with residential and commercial uses because of potential nuisance or hazard generation.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Indoor maintenance service.
(g)
Outdoor maintenance service.
(h)
Vehicle service and repair.
(i)
Outdoor open space institutional.
(j)
Passive outdoor recreation.
(k)
Essential services.
(l)
Light industrial.
(m)
Heavy industrial.
(n)
Production greenhouse.
(o)
Indoor food production and processing.
(p)
Indoor storage and wholesaling.
(q)
Outdoor storage and wholesaling.
(r)
Distribution center.
(3)
Principal uses permitted as by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Personal or professional service.
(c)
Outdoor display.
(d)
Artisan production shop.
(e)
Commercial kitchen.
(f)
Commercial animal boarding/daycare.
(g)
Indoor maintenance service.
(h)
Outdoor maintenance service.
(i)
Vehicle service and repair.
(j)
Outdoor open space institutional.
(k)
Passive outdoor recreation.
(l)
Essential services.
(m)
Light industrial.
(n)
Heavy industrial.
(o)
Production greenhouse.
(p)
Indoor food production and processing.
(q)
Indoor storage and wholesaling.
(r)
Outdoor storage and wholesaling.
(s)
Distribution center.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
On-site structured parking.
(j)
Company cafeteria.
(k)
Incidental outdoor display.
(l)
Incidental indoor sales.
(m)
Incidental light industrial.
(n)
Incidental outdoor storage.
(o)
Satellite dish.
(p)
Personal antenna and towers.
(q)
Communication antenna.
(r)
Small wind energy system.
(s)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
None.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary moving container (residential).
(b)
Temporary outdoor storage container (nonresidential).
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary relocatable building*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (HI) Heavy Industrial District.
(Ord. No. 61-4057-730, § 10, 1-23-2024)
(1)
Intent. This district is intended to permit large-scale outdoor storage uses associated with significant impacts on neighboring properties, particularly related to material usage, aesthetic, visibility, and other potential nuisances for adjoining properties. The City will consider the use of this zoning district on a case-by-case basis at the request of a property owner.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Outdoor display.
(c)
Indoor maintenance service.
(d)
Outdoor maintenance service.
(e)
Vehicle service and repair.
(f)
Outdoor open space institutional.
(g)
Passive outdoor recreation.
(h)
Essential services.
(i)
Light industrial.
(j)
Heavy industrial.
(k)
Production greenhouse.
(l)
Indoor food production and processing.
(m)
Indoor storage and wholesaling.
(n)
Outdoor storage and wholesaling.
(o)
Distribution center.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Active outdoor recreation.
(b)
Large scale public services and utilities.
(c)
Light industrial.
(d)
Heavy industrial.
(e)
Production greenhouse.
(f)
Personal storage facility.
(g)
Transit center.
(h)
Distribution center.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
On-site parking lot.
(h)
Satellite dish.
(i)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Nonresidential accessory structure.
(b)
On-site structured parking.
(c)
Incidental outdoor display.
(d)
Incidental indoor display.
(e)
Personal antenna and towers.
(f)
Communication antenna.
(g)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary on-site construction storage*.
(c)
Temporary contractor's project office*.
(d)
Temporary on-site real estate sales office*.
(e)
Temporary relocatable building*.
(f)
Temporary shelter structure.
(g)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (IOS) Intensive Outdoor Storage District.
(1)
Intent. This district is intended to permit large-scale outdoor commercial entertainment uses associated with significant impacts on neighboring properties, particularly related to traffic, parking, noise, operating hours, and lighting. The City will consider the use of this zoning district on a case-by-case basis at the request of a property owner.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Restaurants, taverns, and indoor commercial entertainment.
(c)
Indoor maintenance service.
(d)
Outdoor open space institutional.
(e)
Passive outdoor recreation.
(f)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Outdoor commercial entertainment.
(b)
Campground.
(c)
Water-related recreation.
(d)
Intensive outdoor activity.
(e)
Active outdoor recreation.
(f)
Large scale public services and utilities.
(g)
Production greenhouse.
(h)
Outdoor storage and wholesaling.
(i)
Off-site parking lot.
(j)
Off-site structured parking.
(k)
Communication tower.
(l)
Cultivation.
(m)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
On-site parking lot.
(h)
Company cafeteria.
(i)
Incidental indoor display.
(j)
Incidental light industrial.
(k)
Incidental outdoor storage.
(l)
Satellite dish.
(m)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
Nonresidential accessory structure.
(b)
On-site structured parking.
(c)
Incidental outdoor display.
(d)
Personal antenna and towers.
(e)
Communication antenna.
(f)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary outdoor assembly*.
(c)
Temporary on-site construction storage*.
(d)
Temporary contractor's project office*.
(e)
Temporary on-site real estate sales office*.
(f)
Temporary relocatable building*.
(g)
Temporary shelter structure.
(h)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (IOC) Intensive Outdoor Commercial District.
(1)
Intent. This district is intended to permit adult uses associated with significant impacts on neighboring properties, particularly related to hours of operation, establishment functions, and other potential nuisances for adjoining properties. The City will consider the use of this zoning district on a case-by-case basis at the request of a property owner.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Outdoor open space institutional.
(c)
Passive outdoor recreation.
(d)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Adult-oriented entertainment business.
(b)
Active outdoor recreation.
(c)
Large scale public services and utilities.
(d)
Off-site parking lot.
(e)
Off-site structured parking.
(f)
Communication tower.
(g)
Cultivation.
(h)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Flag pole.
(b)
Shed/storage building.
(c)
Walkways/steps.
(d)
Detached accessory buildings.
(e)
Home occupation.
(f)
Tourist rooming housing (in single-family home).
(g)
Nonresidential accessory structure.
(h)
On-site parking lot.
(i)
Satellite dish.
(j)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
On-site structured parking.
(b)
Personal antenna and towers.
(c)
Communication antenna.
(d)
Small wind energy system.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary Shelter Structure.
(c)
Temporary Vehicle Sales*.
(7)
Density, intensity, and bulk regulations for the (AO) Adult-Oriented Entertainment District.
(1)
Intent. This district is intended to provide for quarrying, sand and gravel extraction, and landfill uses which, if sited properly, can be located within the City.
(2)
Principal uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Office.
(b)
Indoor maintenance service.
(c)
Outdoor maintenance service.
(d)
Outdoor open space institutional.
(e)
Passive outdoor recreation.
(f)
Essential services.
(3)
Principal uses permitted as conditional use. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Active outdoor recreation.
(b)
Large scale public services and utilities.
(c)
Light industrial.
(d)
Heavy industrial.
(e)
Indoor storage and wholesaling.
(f)
Off-site parking lot.
(g)
Off-site structured parking.
(h)
Communication tower.
(i)
Extraction.
(j)
Composting.
(k)
Recycling and waste disposal.
(l)
Salvage or junkyard.
(m)
Sand and mineral processing.
(n)
Large wind energy system.
(o)
Large solar energy system.
(p)
Cultivation.
(q)
Community garden.
(4)
Accessory uses permitted by right. Refer to article III for detailed definitions and requirements for each of the following land uses.
(a)
Tourist rooming housing (in single-family home).
(b)
Nonresidential accessory structure.
(c)
On-site parking lot.
(d)
Incidental light industrial.
(e)
Incidental outdoor storage.
(f)
Satellite dish.
(g)
Personal antenna and towers.
(h)
Commercial antenna.
(i)
Small wind energy system.
(j)
Small solar energy system.
(5)
Accessory uses permitted as conditional use. Refer to article III for detailed definitions and requirements.
(a)
On-site structured parking.
(6)
Temporary uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to section 23.03.30 for detailed definitions and requirements for each of the following land uses.
(a)
Temporary outdoor storage container (nonresidential).
(b)
Temporary shelter structure.
(c)
Temporary vehicle sales*.
(7)
Density, intensity, and bulk regulations for the (EX) Extraction/Disposal District.
(1)
Purpose. The purpose of this article is to establish overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth above in this title. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying zoning district. Special requirements include protections against natural hazards, protections of valued natural and cultural resources, and guidelines for unique development situations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of article V.
(2)
How to use sections 23.02.80 to 23.02.93.
(a)
A given property may lie within one or more overlay zoning district based on its geographic location. The provisions of this article are intended to be consulted before issuance of any building permit, site plan approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning district. For each overlay district established in this article, a definition of the resource or geographic area is provided, followed by the specific purposes of the protective regulations governing the resource or geographic location, the method of delineating the boundaries of the overlay district, and the development regulations.
(3)
For the purpose of this title, the following overlay zoning districts are hereby established.
(a)
(PUD) Planned Unit Development Overlay Zoning District.
(b)
(SW) Shoreland-Wetland Overlay District.
(c)
(F) Floodplain Overlay District.
(d)
(W) Well Head Protection Overlay District.
(e)
(RE) River Edge Overlay District.
(f)
(WD) Woodland Overlay District.
(4)
Map of Overlay Zoning Districts.
(a)
Except where otherwise indicated in this article, the overlay zoning districts are represented on the Official Zoning Map, adopted and from time to time amended by the City of Wausau.
(1)
Purpose. The purpose of this overlay district is to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district. In exchange for such flexibility, it is anticipated that development within a Planned Unit Development Overlay District will reflect the City's planning policies as set forth in the City's Comprehensive Plan and offer one or more of the following advantages:
(a)
Positively contribute to the appearance and function of land uses and site design in the area
(b)
Promote a greater level of architectural quality and be compatible with other structures in the area
(c)
Conserve and protect environmentally sensitive areas, areas of natural beauty, and natural green spaces
(d)
Preserve the cultural and historic character and significance of existing structures or areas
(e)
Provide substantial buffers and transitions between incompatible land uses and densities
(f)
Reduce congestion on streets and improve pedestrian and bicycle circulation
(g)
Development would not conflict with or cause overload on such facilities as schools, highways, police, fire, or utility services.
(h)
Insure proper maintenance and preservation of any common areas for recreation and esthetic enhancement.
(2)
Intent. Planned Unit Developments are intended to encourage, promote, and provide improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this title and the City of Wausau Comprehensive Plan. To this end, planned unit developments allow diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects. The Planned Unit Development Overlay District shall allow development to be designed, reviewed, approved, constructed, and managed as approved by the Common Council rather than required by the underlying zoning district.
(a)
The City may permit flexibility in the types of uses, area and yard requirements, off-street parking, and/or other regulations set forth in this title by use of exceptions/base standard modifications subject to the demonstration of their appropriateness for the area under consideration.
(b)
It is not intended that the City will automatically grant exceptions/base standard modifications in a Planned Unit Development Overlay District, and it is expected the City will grant only such exceptions when they are consistent and comparable with benefits to the community that result from the Planned Unit Development.
(c)
The City may require, as conditions of approval, any reasonable stipulation, limitation, or design factor which will promote suitable development in the Planned Unit Development Overlay District.
(d)
A public hearing process is required to review a request for a Planned Unit Development. This process will essentially combine the process for a Zoning Map Amendment (for the General Development Plan (GDP) Step) with that required for a Conditional Use (for the Specific Implementation Plan (SIP) Step), with several additional requirements. See section 23.10.44 for the General Development Plan and Specific Implementation Plan requirements.
(3)
Provision of flexible development standards for Planned Unit Developments.
(a)
Permitted location.
1.
Planned Unit Developments shall be permitted with the approval of a Planned Unit Development Overlay Zoning District, specific to the approved Planned Unit Development, within all zoning districts.
(b)
Flexible development standards.
1.
The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a Planned Unit Development.
a.
Land use requirements.
i.
All land uses listed as Residential Land Uses under 23.03.06, Institutional Land Uses under 23.03.12, Mixed-Use Buildings under 23.03.08, or Commercial Land Uses under 23.03.10 in article III may be permitted within a Planned Unit Development.
b.
Density, intensity, and bulk requirements.
i.
All requirements listed in article IV, bulk regulations and article II for density, intensity, and bulk regulations within the SR-2, SR-3, SR-5, SR-7, DR-8, TF-10, TDR-12, MRL-12, MRM-20, MRH-50, I, NMU, SO, SMU, UMU, DPMU, DHMU, and DRMU Zoning Districts may be waived within a Planned Unit Development.
c.
Landscaping requirements.
i.
All requirements listed in article VIII may be waived within a Planned Unit Development.
d.
Parking and loading requirements.
i.
All requirements listed in section 23.06.06 and 23.06.07 may be waived within a Planned Unit Development.
(4)
Applicability. Locations that may be deemed appropriate for a Planned Unit Development Overlay District include, but are not limited to:
(a)
Transitional locations that involve a mix of different land uses where new development is proposed in a location of preexisting uses and buildings
(b)
Infill locations in a developed area that involve parcels that may have been bypassed during the normal course of urbanization or that have been cleared
(c)
Redevelopment locations where first or subsequent uses and/or structures are to be replaced by new uses and/or structures
(d)
Development locations where base zoning standards may not be appropriate and/or needed, and where the developer and community will benefit from a greater level of flexibility in land use and bulk controls
(5)
[Reference for requirements.] See section 23.10.44 for the General Development Plan and Specific Implementation Plan requirements.
(6)
[Exempt.] Planned Unit Developments are exempt from the requirements of section 23.06.02 Group and Large Developments.
(1)
Statutory authorization, findings of fact, statement of purpose and title.
(a)
Statutory authorization. This ordinance is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 61.351 for villages or Wis. Stats. §§ 62.23 and 62.231 for cities and Wis. Stats. §§ 87.30 and 144.26.
(b)
Findings of fact and purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
1.
Promote the public health, safety, convenience and general welfare;
2.
Maintain the storm and floodwater storage capacity of wetlands;
3.
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
4.
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
5.
Prohibit certain uses detrimental to the shoreland-wetland area; and
6.
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.
(2)
General provisions.
(a)
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. (However, see 23.02.90(4), for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.
(b)
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stats. § 30.12(4)(a), applies.
(c)
Abrogation and greater restrictions.
1.
This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 61.35, 62.23 or 87.30, which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2.
This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(d)
Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard in chapter NR 117, Wis. Admin. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
(e)
Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
(f)
Annexed areas. The County shoreland zoning provisions in effect on the date of annexation remain in effect administered by the municipality for all areas annexed by the municipality after May 7, 1982 unless any of the changes as allowed by Wis. Stats. § 59.692(7)(a)(1—3) occurs. These annexed lands are described on the municipality's official zoning map. The County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Municipal Zoning Administrator.
(3)
Shoreland-Wetland Zoning District.
(a)
Shoreland-Wetland zoning maps. The following maps are hereby adopted and made part of this ordinance and are on file in the office of the Municipal Clerk:
1.
Wisconsin Wetland Inventory maps stamped "FINAL" on May 7, 1985.
2.
The most recently adopted FEMA Floodplain Maps.
3.
United States Geological Survey maps:
a.
Nutterville, Wisconsin. N4500-W8930/7.5. 1982,
b.
Wausau West, Wisconsin. N4452.5W8937.5/7.5. 1963, Photorevised 1978,
c.
Wausau East, Wisconsin. N4452.5-W893O/7.5. 1963, Photorevised 1978.
4.
The most recently adopted City of Wausau Official Zoning Map.
(b)
District Boundaries.
[1.]
The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance and which are:
a.
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance.
b.
Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in section 23.02.90(3)(a) above shall be used to determine the extent of floodplain areas.
2.
Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark. The following watercourses within the City, which appear as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps, have been found by the Wisconsin Department of Natural Resources to be nonnavigable:
a.
Bos Creek upstream from Campus Drive;
b.
Jim Moore Creek upstream east of the SW ¼ of Sec. 18, T29N, R8E.
3.
When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section 23.02.90(3)(b)4. and (3)(b)5., the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
4.
Filled Wetlands. Wetlands which are filled prior to the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this ordinance.
5.
Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under Wis. Stats. § 30.11 are not subject to this ordinance.
(c)
Permitted uses.
1.
The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, and the provisions of other local, state and federal laws, if applicable:
a.
Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;
b.
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
c.
The practice of silviculture, including the planting, thinning and harvesting of timber;
d.
The pasturing of livestock;
e.
The cultivation of agricultural crops; and
f.
The construction and maintenance of duck blinds.
2.
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
a.
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
b.
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
c.
The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
d.
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
e.
The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
f.
The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 23.02.90(6)(a)3 of this ordinance; and
g.
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
3.
Uses which are allowed upon the issuance of a zoning permit and which may include wetland alterations only to the extent specifically provided below:
a.
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under section 23.02.90(3)(c), of this ordinance, provided that:
i.
The road cannot, as a practical matter, be located outside the wetland;
ii.
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in section 23.02.90(6)(a)3. of this ordinance;
iii.
The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
iv.
Road construction activities are carried out in the immediate area of the roadbed only; and
v.
Any wetland alteration must be necessary for the construction or maintenance of the road.
b.
The construction and maintenance of nonresidential buildings provided that:
i.
The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows or other wetland or aquatic animals;
ii.
The building cannot, as a practical matter, be located outside the wetland;
iii.
The building does not exceed 500 square feet in floor area; and
iv.
Only limited filling and excavating necessary to provide structural support for the building is allowed.
c.
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
i.
Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;
ii.
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
iii.
The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in 23.02.90(3)(c)3.a. of this ordinance; and
iv.
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values
d.
The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:
i.
The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
ii.
Only limited filling or excavating necessary for such construction or maintenance is allowed; and
iii.
Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 23.02.90(6)(a)3. of this ordinance.
(d)
Prohibited uses.
1.
Any use not listed in section 23.02.90(3)(c) of this ordinance is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 23.02.90(6) of this ordinance.
2.
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.
(4)
Nonconforming structures and uses.
(a)
The lawful use of a building, structure or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
1.
The shoreland-wetland provisions of this ordinance authorized by Wis. Stats. § 62.231, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982 related to such a structure. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h), which limits total lifetime structural repairs and alterations to 50 percent of current fair market value.
2.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this ordinance.
3.
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this ordinance adopted under Wis. Stats. §§ 61.351 or 62.231, may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.
4.
The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.
5.
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
(5)
Administrative provisions.
(a)
Zoning Administrator. The is appointed Zoning Administrator for the purpose of administering and enforcing this ordinance. The Zoning Administrator shall have the following duties and powers:
1.
Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.
2.
Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.
3.
Keep records of all permits issued, inspections made, work approved and other official actions.
4.
Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
5.
Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within ten days after they are granted or denied, to the appropriate district office of the Department.
6.
Investigate and report violations of this ordinance to the appropriate municipal planning agency and the district attorney, corporation counsel or municipal attorney.
(b)
Zoning permits.
1.
When required. Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in section 23.02.90(8)(b)6., of this ordinance, or any change in the use of an existing building or structure is initiated.
2.
Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information:
a.
General information.
i.
Name, address, and telephone number of applicant, property owner and contractor, where applicable.
ii.
Legal description of the property and a general description of the proposed use or development.
iii.
Whether or not a private water supply or sewage system is to be installed.
b.
Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
i.
Dimensions and area of the lot;
ii.
Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
iii.
Description of any existing or proposed on-site sewage systems or private water supply systems;
iv.
Location of the ordinary high-water mark of any abutting navigable waterways;
v.
Boundaries of all wetlands;
vi.
Existing and proposed topographic and drainage features and vegetative cover;
vii.
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
viii.
Location of existing or future access roads; and
ix.
Specifications and dimensions for areas of proposed wetland alteration.
c.
Expiration. All permits issued under the authority of this ordinance shall expire 12 months from the date of issuance.
(c)
Certificates of compliance.
1.
Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator subject to the following provisions:
a.
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance.
b.
Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
c.
The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance.
2.
The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.
3.
Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.
(d)
Conditional use permit.
1.
Application. Any use listed as a conditional use in this ordinance shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in sections 23.02.90(5)(h)2., (5)(h)3., and (5)(h)4., of this ordinance.
2.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in section 23.02.90(3)(c)3. of this ordinance, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purposes of this ordinance as listed in section 23.02.90(1)(b). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.
(e)
Fees. The municipal governing body may, by resolution, adopt fees for the following:
1.
Zoning permits.
2.
Certificates of compliance.
3.
Public hearings.
4.
Legal notice publications.
5.
Conditional use permits.
6.
Rezoning petitions.
(f)
Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.
(g)
Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Board of Appeals.
(h)
Board of Appeals. The City Mayor shall appoint a Board of Appeals under Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the municipal governing body. The Board of Appeals shall adopt rules for the conduct of its business as required by Wis. Stats. § 62.23(7)(e)3.
1.
Powers and duties. The Board of Appeals:
a.
Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance.
b.
Shall hear and decide applications for conditional use permits.
c.
May authorize upon appeal a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates:
i.
That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant.
ii.
That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;
iii.
That such variance is not contrary to the public interest as expressed by the purpose of this ordinance and;
iv.
That such variance will not grant or increase any use of property which is prohibited in the zoning district.
2.
Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
3.
Public hearings.
a.
Before making a decision on an appeal or application, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a class 2 notice under Wis. Stats. ch. 985, specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.
b.
A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least ten days prior to all public hearings on issues involving Shoreland-Wetland Zoning.
4.
Decisions.
a.
The final disposition of an appeal or application for a conditional use permit before the Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.
b.
A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.
(6)
Amending Shoreland-Wetland Zoning Regulations.
(a)
The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2., NR 117, Wis. Admin. Code, and the following:
1.
A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department within 5 days of the submission of the proposed amendment to the municipal planning agency;
2.
All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class II notice as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the Department shall be provided with written notice of the public hearing at least ten days prior to such hearing.
3.
In order to insure that this ordinance will remain consistent with the shoreland protection objectives of Wis. Stats. § 144.26, the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
a.
Storm and floodwater storage capacity;
b.
Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
c.
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
d.
Shoreline protection against erosion;
e.
Fish spawning, breeding, nursery or feeding grounds;
f.
Wildlife habitat; or
g.
Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
4.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section 23.02.90(6)(a)3., of this ordinance, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
5.
The appropriate district office of the Department shall be provided with:
a.
A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten days after the submission of those recommendations to the municipal governing body.
b.
Written notice of the action on the proposed text or map amendment within ten days after the action is taken.
6.
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 23.02.90(6)(a)3., of this ordinance, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by subsection (6)(a)5.b. of this section. If within the 30-day period, the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by Wis. Stats. §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. §§ 62.231(6) or 61.351(6), is completed or otherwise terminated.
(7)
Enforcement and Penalties.
(a)
Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this ordinance in violation of the provisions of this ordinance, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the municipal planning agency and the district attorney, corporation counsel or municipal attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this ordinance shall be subject to a forfeiture of not less than $10.00 nor more than $200.00 per offense, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30(2).
(8)
Definitions.
(a)
For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified, shall be measured horizontally.
(b)
The following terms used in this ordinance mean:
1.
Accessory structure or use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principle structure or use to which it is related and which is located on the same lot as that of the principle structure or use.
2.
Boathouse as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.
3.
Class 2 public notice means publication of a public hearing notice under Wis. Stats. ch. 985, in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
4.
Conditional use means a use which is permitted by this ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the Board of Appeals or, where appropriate, the planning agency designated by the municipal governing body.
5.
Department means the Wisconsin Department of Natural Resources.
6.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
7.
Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
8.
Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
9.
Fixed houseboat as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
10.
Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under Wis. Stats. § 144.26(2)(d), not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. §§ 61.351 or 62.231, and chapter NR 117, Wis. Admin. Code, do not apply to lands adjacent to farm drainage ditches if:
a.
Such lands are not adjacent to a natural navigable stream or river;
b.
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
c.
Such lands are maintained in nonstructural agricultural use.
"Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons."
11.
Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
12.
Planning agency means the municipal plan commission created under Wis. Stats. § 62.23(1), a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.
13.
Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
14.
Shoreland-wetland district means the zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this ordinance.
15.
Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.
16.
Variance means an authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this ordinance.
17.
Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
18.
Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area
(c)
The definitions within 23.02.90(8) are only applicable to section 23.02.90. See section 23.01.23.
(1)
Statutory authorization, finding of fact, statement of purpose and title.
(a)
Statutory authorization. The zoning ordinance codified in this title is adopted pursuant to the authorization in Wis. Stats. §§ 62.23 and 87.30.
(b)
Finding of fact. Uncontrolled development and use of the floodplains and rivers of the City of Wausau would impair the public health, safety, convenience, general welfare and tax base.
(c)
Statement of purpose. This ordinance is intended to regulate floodplain development to:
1.
Protect life, health and property;
2.
Minimize expenditures of public funds for flood control projects;
3.
Minimize rescue and relief efforts undertaken at the expense of taxpayers;
4.
Minimize business interruptions and other economic disruptions;
5.
Minimize damage to public facilities in the floodplain;
6.
Minimize the occurrence of future flood blight areas in the floodplain;
7.
Discourage the victimization of unwary land and homebuyers;
8.
Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and
9.
Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(d)
Title. This title shall be known as the floodplain zoning ordinance for the City of Wausau, Wisconsin.
(e)
General provisions.
1.
Areas to be regulated. This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by DNR. Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional Flood Elevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply.
2.
Official maps and revisions. The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1-30 on the maps based on the Flood Insurance Study (FIS) listed below. Any change to the base flood elevations (BFE) or any changes to the boundaries of the floodplain or floodway in the FIS or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through the Letter of Map Change process (23.02.91(8)) before it is effective. No changes to RFE's on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the Inspections Department, City of Wausau. If more than one map or revision is referenced, the most restrictive information shall apply.
a.
OFFICIAL MAPS: Based on the FIS 55073CV000A and FIS 55073CV000B
i.
Flood Insurance Rate Map (FIRM), panel numbers 55073C0145F, 55073C0378F, 55073C0379F, 55073C0380F, 55073C0382F, 55073C0383F, 55073C0401F, 55073C0402F, and 55073C0412F, dated 07/22/2010; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 07/22/2010, volume number 55073CV000A.
ii.
Flood Insurance Rate Map (FIRM), panel number 55073C0384G, 55073C0392G, 55073C0403G, 55073C0411G dated September 28, 2018; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated September 28, 2018, Volume number 55073CV000B. Approved by: The DNR and FEMA
3.
Establishment of floodplain zoning districts. The regional floodplain areas are divided into three districts as follows:
a.
The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters and are contained within AE Zones as shown on the FIRM.
b.
The Floodfringe District (FF) is that portion between the regional flood limits and the floodway and displayed as AE Zones on the FIRM.
c.
The General Floodplain District (GFP) is those areas that may be covered by floodwater during the regional flood and does not have a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM.
4.
Locating floodplain boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subsection a. or b. below. If a significant difference exists, the map shall be amended according to 23.02.91(8). The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to 23.02.91(7)(c)1.b. and the criteria in a. and b. below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to 23.02.91(8).
a.
If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
b.
Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale.
5.
Removal of lands from floodplain. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to 23.02.91(8).
6.
Compliance. Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations.
7.
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when Wis. Stats. § 30.2022, applies.
8.
Abrogation and greater restrictions.
a.
This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. § 62.23 for cities; Wis. Stats. § 61.35 for villages; or Wis. Stats. § 87.30, which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
b.
This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
9.
Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Admin. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
10.
Warning and disclaimer of liability. The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur or the flood height may be increased by manmade or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
11.
Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.
12.
Annexed areas for cities and villages. The Marathon County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Admin. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.
(2)
General standards applicable to all floodplain districts. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulating within the equipment during conditions of flooding.
Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in 23.02.91(7)(a)2. Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.
(a)
Hydraulic and hydrologic analyses.
1.
No floodplain development shall:
a.
Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or
b.
Cause any increase in the regional flood height due to floodplain storage area lost.
2.
The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of 23.02.91(8) are met.
(b)
Watercourse alterations. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of 23.02.91(2)(a) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to 23.02.91(8), the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process.
(c)
Chapters 30, 31, Wis. Stats., development. Development which requires a permit from the Department, under Wis. Stats. chs. 30 and 31, such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to 23.02.91(8).
(d)
Public or private campgrounds. Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:
1.
The campground is approved by the Department of Health Services;
2.
A land use permit for the campground is issued by the Zoning Administrator;
3.
The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants;
4.
There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
5.
This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in 4. above - to remain in compliance with all applicable regulations, including those of the state Department of Health Services and all other applicable regulations;
6.
Only camping units that are fully licensed, if required, and ready for highway use are allowed;
7.
The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;
8.
All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;
9.
The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
10.
All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either 23.02.91(3), 23.02.91 (4), or 23.02.91 (5) for the floodplain district in which the structure is located;
11.
The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
12.
All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.
(3)
Floodway District (FW).
(a)
Applicability. This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to 23.02.91(5)(d).
(b)
Permitted uses. The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if:
1.
They are not prohibited by any other ordinance;
2.
They meet the standards in 23.02.91(3)(c) and 23.02.91(3)(d); and
3.
All permits or certificates have been issued according to 23.02.91(7)(a).
4.
Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
5.
Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.
6.
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of 23.02.91(3)(c)4.
7.
Uses or structures accessory to open space uses, or classified as historic structures that comply with 23.02.91(3)(c) and 23.02.91(3)(d).
8.
Extraction of sand, gravel or other materials that comply with 23.02.91(3)(c)4.
9.
Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Wis. Stats. chs. 30 and 31.
10.
Public utilities, streets and bridges that comply with 23.02.91(3)(c)3.
(c)
Standards for developments in the floodway.
1.
General.
a.
Any development in the floodway shall comply with 23.02.91(2) and have a low flood damage potential.
b.
Applicants shall provide the following data to determine the effects of the proposal according to 23.02.91(2)(a) and 23.02.91(7)(a)2.c.
i.
A cross-section elevation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
ii.
An analysis calculating the effects of this proposal on regional flood height.
c.
The Zoning Administrator shall deny the permit application if the project will cause any increase in the flood elevations upstream or downstream, based on the data submitted for subd. b. above.
2.
Structures. Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:
a.
Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage;
b.
Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
c.
Must be anchored to resist flotation, collapse, and lateral movement;
d.
Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation; and
e.
It must not obstruct flow of floodwaters or cause any increase in flood levels during the occurrence of the regional flood.
3.
Public utilities, streets and bridges. Public utilities, streets and bridges may be allowed by permit, if:
a.
Adequate floodproofing measures are provided to the flood protection elevation; and
b.
Construction meets the development standards of 23.02.91(2)(a).
4.
Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:
a.
The requirements of 23.02.91(2)(a) are met;
b.
No material is deposited in navigable waters unless a permit is issued by the Department pursuant to Wis. Stats. ch. 30, and a permit pursuant to section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met;
c.
The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and
d.
The fill is not classified as a solid or hazardous material.
(d)
Prohibited uses. All uses not listed as permitted uses in 23.02.91(3)(b) are prohibited, including the following uses:
1.
Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;
2.
Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;
3.
Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
4.
Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Admin. Code;
5.
Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Admin. Code;
6.
Any solid or hazardous waste disposal sites;
7.
Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Admin. Code; and
8.
Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.
(4)
Floodfringe District (FF).
(a)
Applicability. This section applies to all floodfringe areas shown the floodplain zoning maps and those identified pursuant to 23.02.91(5)(d).
(b)
Permitted uses. Any structure, land use, or development is allowed in the Floodfringe District if the standards in 23.02.91(4)(c) are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in 23.02.91(7)(a) have been issued.
(c)
Standards for development in the floodfringe.23.02.91(2)(a) shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of 23.02.91(6);
1.
Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards. Any existing structure in the floodfringe must meet the requirements of 23.02.91(6);
a.
The elevation of the lowest floor shall be at or above the flood protection elevation on fill unless the requirements of 23.02.91(4)(c)1.b. can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
b.
The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation;
c.
Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in d.
d.
In developments where existing street or sewer line elevations make compliance with c. impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if:
i.
The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
ii.
The municipality has a DNR-approved emergency evacuation plan.
2.
Accessory structures or uses. Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.
3.
Commercial uses. Any commercial structure which is erected, altered or moved into the floodfringe shall meet the requirements of 23.02.91(4)(c)1. Subject to the requirements of 23.02.91(4)(c)5., storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
4.
Manufacturing and industrial uses. Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in 23.02.91(7)(e) Subject to the requirements of 23.02.91(4)(c)5. storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.
5.
Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with 23.02.91(7)(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
6.
Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
a.
When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with 23.02.91(7)(e).
b.
Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
7.
Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to 23.02.91(7)(e)3., to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code.
8.
Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to 23.02.91(7)(e)3., to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Admin. Code.
9.
Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.
10.
Deposition of materials. Any deposited material must meet all the provisions of this ordinance.
11.
Manufactured homes.
a.
Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
b.
In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
i.
Have the lowest floor elevated to the flood protection elevation; and
ii.
Be anchored so they do not float, collapse or move laterally during a flood
c.
Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in 23.02.91(4)(c)1.
12.
Mobile recreational vehicles. All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in 23.02.91(4)(c)11.b. and 23.02.91(4)(c)11.c. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions.
(5)
General Floodplain District (GFP).
(a)
Applicability. The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones.
(b)
Permitted uses. Pursuant to 23.02.91(5)(d) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway 23.02.91(3)(b) and Floodfringe 23.02.91(4)(b) Districts are allowed within the General Floodplain District, according to the standards of 23.02.91(5)(c) provided that all permits or certificates required under 23.02.91(7)(a) have been issued.
(c)
Standards for development in the general floodplain district.23.02.91(3) applies to floodway areas, 23.02.91(4) applies to floodfringe areas. The rest of this ordinance applies to either district.
1.
In AO/AH zones the structure's lowest floor must meet one of the conditions listed below whichever is higher:
a.
At or above the flood protection elevation; or
b.
Two feet above the highest adjacent grade around the structure; or
c.
The depth as shown on the FIRM
2.
In AO/AH zones, provide plans showing adequate drainage paths to guide floodwaters around structures.
(d)
Determining floodway and floodfringe limits. Upon receiving an application for development within the general floodplain district, the Zoning Administrator shall:
1.
Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM.
2.
Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.
a.
A Hydrologic and Hydraulic Study as specified in 23.02.91(7)(a)2.c.
b.
Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information;
c.
Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities.
(6)
Nonconforming uses.
(a)
General.
1.
Applicability. If these standards conform with Wis. Stats. § 87.30 and ch. NR 116.15, Wis. Admin. Code and 44 CFR 59-72, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto.
2.
The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions:
a.
No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
b.
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance;
c.
The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent;
d.
No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with 23.02.91(4)(c)1. The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50 percent provisions of this paragraph;
e.
No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with 23.02.91(4)(c)1.
f.
If on a per event basis the total value of the work being done under d. and e. equals or exceeds 50 percent of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with 23.02.91(4)(c)1.
g.
Except as provided in h., if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50 percent of the structure's present equalized assessed value.
h.
For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction.
i.
Residential structures.
1)
Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of 23.02.91 (7)(d)2.
2)
Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage.
3)
Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
4)
In A Zones, obtain, review and utilize any flood data available from a federal, state or other source.
5)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in 23.02.91 (5)(c)1.
6)
In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.
ii.
Nonresidential structures.
1)
Shall meet the requirements of 23.02.91(6)(a)2.h.i.1)-6).
2)
Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in 23.02.91(7)(e)1. Or 2.
3)
In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in 23.02.91(5)(c)1.
iii.
A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with 23.02.91(3)(c)1., flood resistant materials are used, and construction practices and floodproofing methods that comply with 23.02.91(7)(e) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of 23.02.91(6)(a)2.h.i. if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure.
(b)
Floodway District.
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:
a.
Has been granted a permit or variance which meets all ordinance requirements;
b.
Meets the requirements of 23.02.91(6)(a);
c.
Shall not increase the obstruction to flood flows or regional flood height;
d.
Any addition to the existing structure shall be floodproofed, pursuant to 23.02.91(7)(e), by means other than the use of fill, to the flood protection elevation; and
e.
If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
i.
The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
ii.
The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
iii.
Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
iv.
The use must be limited to parking, building access or limited storage.
2.
No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, 23.02.91 (7)(e)3. and ch. SPS 383, Wis. Admin. Code.
3.
No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, 23.02.91(7)(e)3. and chs. NR 811 and NR 812, Wis. Admin. Code.
(c)
Floodfringe District.
1.
No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of 23.02.91(4)(c) except where 23.02.91(6)(c)2. is applicable.
2.
Where compliance with the provisions of 23.02.91(6)(c)1. would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in 23.02.91(7)(c), may grant a variance from those provisions of 23.02.91(6)(c)1. for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:
a.
No floor is allowed below the regional flood elevation for residential or commercial structures;
b.
Human lives are not endangered;
c.
Public facilities, such as water or sewer, shall not be installed;
d.
Flood depths shall not exceed two feet;
e.
Flood velocities shall not exceed two feet per second; and
f.
The structure shall not be used for storage of materials as described in (4)(c)5.
3.
All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, 23.02.91(7)(e)3. and ch. SPS 383, Wis. Admin. Code.
4.
All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance, 23.02.91(7)(e)3. and ch. NR 811 and NR 812, Wis. Admin. Code.
(7)
Administration. Where a Zoning Administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under Wis. Stats. §§ 59.69, 59.692 or 62.23(7), these officials shall also administer this ordinance.
(a)
Zoning Administrator.
1.
Duties and powers. The Zoning Administrator is authorized to administer this ordinance and shall have the following duties and powers:
a.
Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
b.
Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate.
c.
Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred.
d.
Keep records of all official actions such as:
i.
All permits issued, inspections made, and work approved;
ii.
Documentation of certified lowest floor and regional flood elevations;
iii.
Floodproofing certificates.
iv.
Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
v.
All substantial damage assessment reports for floodplain structures.
vi.
List of nonconforming structures and uses.
e.
Submit copies of the following items to the Department Regional office:
i.
Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments;
ii.
Copies of case-by-case analyses and other required information including an annual summary of floodplain zoning actions taken.
iii.
Copies of substantial damage assessments performed and all related correspondence concerning the assessments.
f.
Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office.
g.
Submit copies of amendments to the FEMA Regional office.
2.
Land use permit. A land use permit shall be obtained before any new development; repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:
a.
General information.
i.
Name and address of the applicant, property owner and contractor;
ii.
Legal description, proposed use, and whether it is new construction or a modification;
b.
Site development plan. A site plan drawn to scale shall be submitted with the permit application form and shall contain:
i.
Location, dimensions, area and elevation of the lot;
ii.
Location of the ordinary highwater mark of any abutting navigable waterways;
iii.
Location of any structures with distances measured from the lot lines and street center lines;
iv.
Location of any existing or proposed on-site sewage systems or private water supply systems;
v.
Location and elevation of existing or future access roads;
vi.
Location of floodplain and floodway limits as determined from the official floodplain zoning maps;
vii.
The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD);
viii.
Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of 23.02.91(3) or 23.02.91(4) are met; and
ix.
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to 23.02.91(2)(a). This may include any of the information noted in 23.02.91(3)(c)1.
c.
Hydraulic and hydrologic studies to analyze development. All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department.
i.
Zone A floodplains:
1)
Hydrology.
a)
The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
2)
Hydraulic modeling. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a)
Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study.
b)
Channel sections must be surveyed.
c)
Minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping.
d)
A maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location.
e)
The most current version of HEC_RAS shall be used.
f)
A survey of bridge and culvert openings and the top of road is required at each structure.
g)
Additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet.
h)
Standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning's N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices.
i)
The model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet.
3)
Mapping. A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway.
a)
If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation.
b)
If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided.
ii.
Zone AE Floodplains.
1)
Hydrology. If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge.
2)
Hydraulic model. The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following:
a)
Duplicate effective model. The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot.
b)
Corrected Effective Model. The Corrected Effective Model shall not include any manmade physical changes since the effective model date, but shall import the model into the most current version of HECRAS for Department review.
c)
Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post Project) Model.
d)
Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions.
e)
All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes.
f)
Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated.
3)
Mapping. Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions:
a)
Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans.
b)
Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised.
c)
Annotated FIRM panel showing the revised one percent and 0.2 percent annual chance floodplains and floodway boundaries.
d)
If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications.
e)
The revised floodplain boundaries shall tie into the effective floodplain boundaries.
f)
All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme.
g)
Both the current and proposed floodways shall be shown on the map.
h)
The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map.
d.
Expiration. All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause.
3.
Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be occupied until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions:
a.
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance;
b.
Application for such certificate shall be concurrent with the application for a permit;
c.
If all ordinance provisions are met, the certificate of compliance shall be issued within ten days after written notification that the permitted work is completed;
d.
The applicant shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of 23.02.91(7)(e) are met.
4.
Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(b)
Zoning agency.
1.
The Plan Commission shall:
a.
Oversee the functions of the office of the Zoning Administrator; and
b.
Review and advise the governing body on all proposed amendments to this ordinance, maps and text.
2.
The Board of Appeals shall not:
a.
Grant variances to the terms of the ordinance in place of action by the Board of Appeals; or
b.
Amend the text or zoning maps in place of official action by the governing body.
(c)
Board of Appeals. The Board of Appeals, created under Wis. Stats. § 62.23(7)(e), is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The Zoning Administrator shall not be the secretary of the Board.
1.
Powers and duties. The Board of Appeals shall:
a.
Appeals Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;
b.
Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and
c.
Variances Hear and decide, upon appeal, variances from the ordinance standards.
2.
Appeals to the board.
a.
Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.
b.
Notice and hearing for appeals including variances.
i.
Notice The board shall:
1)
Fix a reasonable time for the hearing;
2)
Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and
3)
Assure that notice shall be mailed to the parties in interest and the Department Regional office at least ten days in advance of the hearing.
ii.
Hearing Any party may appear in person or by agent. The board shall:
1)
Resolve boundary disputes according to 23.02.91(7)(c)3.;
2)
Decide variance applications according to 23.02.91(7)(c)4.; and
3)
Decide appeals of permit denials according to 23.02.91(7)(c)
c.
Decision: The final decision regarding the appeal or variance application shall:
i.
Be made within a reasonable time;
ii.
Be sent to the Department Regional office within ten days of the decision;
iii.
Be a written determination signed by the chairman or secretary of the Board;
iv.
State the specific facts which are the basis for the Board's decision;
v.
Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and
vi.
Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings.
3.
Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
a.
If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined;
b.
The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
c.
If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to 23.02.91(8).
4.
Variance.
a.
The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that:
i.
Literal enforcement of the ordinance will cause unnecessary hardship;
ii.
The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
iii.
The variance is not contrary to the public interest; and
iv.
The variance is consistent with the purpose of this ordinance in 23.02.91(1)(c)
b.
In addition to the criteria in a., to qualify for a variance under FEMA regulations, the following criteria must be met:
i.
The variance shall not cause any increase in the regional flood elevation;
ii.
Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and
iii.
Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance.
c.
A variance shall not:
i.
Grant, extend or increase any use prohibited in the zoning district;
ii.
Be granted for a hardship based solely on an economic gain or loss;
iii.
Be granted for a hardship which is self-created.
iv.
Damage the rights or property values of other persons in the area;
v.
Allow actions without the amendments to this ordinance or map(s) required in 23.02.91(8); and
vi.
Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
d.
When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record.
(d)
To review appeals or permit denials.
1.
The Board shall review all data related to the appeal. This may include:
a.
Permit application data listed in 23.02.91(7)(a)2.;
b.
Floodway/floodfringe determination data in 23.02.91(5)(d);
c.
Data listed in 23.02.91(3)(c)1.b. where the applicant has not submitted this information to the Zoning Administrator; and
d.
Other data submitted with the application, or submitted to the Board with the appeal.
2.
For appeals of all denied permits the Board shall:
a.
Follow the procedures of 23.02.91(7)(c);
b.
Consider zoning agency recommendations; and
c.
Either uphold the denial or grant the appeal.
3.
For appeals concerning increases in regional flood elevation the Board shall:
a.
Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of 23.02.91(8); and
b.
Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
(e)
Floodproofing standards for nonconforming structures or uses.
1.
No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate.
2.
For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
a.
Certified by a registered professional engineer or architect; or
b.
Meets or exceeds the following standards:
i.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
ii.
The bottom of all openings shall be no higher than one foot above grade; and
iii.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
3.
Floodproofing measures shall be designed, as appropriate, to:
a.
Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
b.
Protect structures to the flood protection elevation;
c.
Anchor structures to foundations to resist flotation and lateral movement;
d.
Minimize or eliminate infiltration of floodwaters; and
e.
Minimize or eliminate discharges into floodwaters.
(f)
Public information.
1.
Place marks on structures to show the depth of inundation during the regional flood.
2.
All maps, engineering data and regulations shall be available and widely distributed.
3.
Real estate transfers should show what floodplain district any real property is in.
(8)
Amendments. Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with 23.02.91(8)(a).
(a)
In AE zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with 23.02.91(8)(a). Any such alterations must be reviewed and approved by FEMA and the DNR.
(b)
In A zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with 23.02.91(8)(a).
1.
General. The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in 23.02.91(8)(b) below. Actions which require an amendment to the ordinance and/ or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
a.
Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
b.
Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
c.
Any changes to any other officially adopted floodplain maps listed in 23.02.91(1)(e)2.b.;
d.
Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
e.
Correction of discrepancies between the water surface profiles and floodplain maps;
f.
Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Admin. Code, or otherwise required by law, or for changes by the municipality; and
g.
All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
h.
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 62.23, for cities and villages. The petitions shall include all data required by 23.02.91 (5)(d) and 23.02.91 (7)(a)2. The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
i.
The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of Wis. Stats. § 62.23, for cities and villages.
ii.
No amendments shall become effective until reviewed and approved by the Department.
iii.
All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.
(9)
Enforcement and penalties. Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00, together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to Wis. Stats. § 87.30.
(10)
Definitions. Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.
(a)
A zones means those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
(b)
AH zone. See "area of shallow flooding" definition.
(c)
AO zone. See "area of shallow flooding" definition.
(d)
Accessory structure or use means a facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
(e)
Alteration means an enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
(f)
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
(g)
Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
(h)
Basement means any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.
(i)
Building. See "structure" definition.
(j)
Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to Wis. Stats. § 30.11, and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
(k)
Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by one or more camping units, or which is advertised or represented as a camping area.
(l)
Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.
(m)
Certificate of compliance means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
(n)
Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
(o)
Crawlways or crawl space means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
(p)
Deck means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
(q)
Department means the Wisconsin Department of Natural Resources.
(r)
Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
(s)
Dryland access means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.
(t)
Encroachment means any fill, structure, equipment, use or development in the floodway.
(u)
Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program.
(v)
Flood insurance rate map (FIRM) means a map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
(w)
Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
1.
The overflow or rise of inland waters;
2.
The rapid accumulation or runoff of surface waters from any source;
3.
The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
4.
The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
(x)
Flood frequency means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.
(y)
Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.
(z)
Flood hazard boundary map means a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.
(aa)
Flood insurance study means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
(bb)
Floodplain means land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.
(cc)
Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
(dd)
Floodplain management means policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
(ee)
Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
(ff)
Floodproofing means any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
(gg)
Flood protection elevation means an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: freeboard.)
(hh)
Flood storage means those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
(ii)
Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
(jj)
Freeboard means a safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
(kk)
Habitable structure means any structure or portion thereof used or designed for human habitation.
(ll)
Hearing notice means publication or posting meeting the requirements of Wis. Stats. ch. 985. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
(mm)
High flood damage potential means damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
(nn)
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(oo)
Historic structure means any structure that is either:
1.
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
(pp)
Increase in regional flood height means a calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
(qq)
Land use means any nonstructural use made of unimproved or improved real estate. (Also see "Development".)
(rr)
Lowest adjacent grade means elevation of the lowest ground surface that touches any of the exterior walls of a building.
(ss)
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
(tt)
Maintenance means the act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
(uu)
Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."
(vv)
Mobile/manufactured home park or subdivision means a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
(ww)
Mobile/manufactured home park or subdivision, existing means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
(xx)
Mobile/manufactured home park, expansion to existing means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads.
(yy)
Mobile recreational vehicle means a vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
(zz)
Model, corrected effective means a hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.
(aaa)
Model, duplicate effective means a copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
(bbb)
Model, effective means the hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
(ccc)
Model, existing (pre-project) means a modification of the Duplicate Effective Model or Corrected Effective Model to reflect any manmade modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.
(ddd)
Model, revised (post-project) means a modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post project conditions.
(eee)
Municipality or Municipal means the county, City or village governmental units enacting, administering and enforcing this zoning ordinance.
(fff)
NAVD or North American Vertical Datum means elevations referenced to mean sea level datum, 1988 adjustment.
(ggg)
NGVD or National Geodetic Vertical Datum means elevations referenced to mean sea level datum, 1929 adjustment.
(hhh)
New construction means for floodplain management purposes, "new construction means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
(iii)
Nonconforming structure means an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
(jjj)
Nonconforming use means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
(kkk)
Obstruction to flow means any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
(lll)
Official floodplain zoning map means that map, adopted and made part of this ordinance, as described in 23.02.91(1)(e)2. which has been approved by the Department and FEMA.
(mmm)
Open space use means those uses having a relatively low flood damage potential and not involving structures.
(nnn)
Ordinary highwater mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(ooo)
Person means an individual, or group of individuals, corporation, partnership, association, municipality or state agency.
(ppp)
Private sewage system means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
(qqq)
Public utilities means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
(rrr)
Reasonable safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
(sss)
Regional flood means a flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
(ttt)
Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(uuu)
Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
(vvv)
Subdivision has the meaning given in Wis. Stats. § 236.02(12).
(www)
Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
(xxx)
Substantial improvement means any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
(yyy)
Unnecessary hardship means where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
(zzz)
Variance means an authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
(aaaa)
Violation means the failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
(bbbb)
Watershed means the entire region contributing runoff or surface water to a watercourse or body of water.
(cccc)
Water surface profile means a graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
(dddd)
Well means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
(1)
Purpose. The consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the well head protection overlay district (WH) is to help protect municipal well groundwater resources from contamination by certain land use activities. This is accomplished by imposing certain land use restrictions upon the area located within the approximate groundwater recharge area of the City municipal wells. The restrictions imposed upon the property within this overlay district are in addition to the regulations governing the underlying residential, commercial, industrial or other zoning districts or any other provisions of the zoning ordinance.
(2)
General provisions.
(a)
The regulations established by this overlay district are intended to either prohibit certain land uses that might otherwise be permitted in the underlying zoning districts or to allow certain activities as a conditional use that might otherwise be permitted in the underlying zoning district.
(b)
The uses prohibited in the well head protection overlay district are activities that, as a result of normal operations or accidents, may impair groundwater quality. These prohibitions are intended to provide a reasonably high degree of assurance that, within the municipal well recharge area, discharges of contaminants into the groundwater supply will be minimized. These preventive measures are important since groundwater clean-up is often prohibitively expensive, and liability for such clean-up is often hard or impossible to establish.
(c)
The uses prohibited within a well head protection overlay district are prohibited based upon the pollution experience of the individual uses, the operational methods and technology generally employed by that type of use, or the materials or products commonly handled by these uses. As the technology of identified uses changes to nonrisk materials or operational methods, the list of prohibited land uses may be amended to reflect these changes.
(3)
Establishment of districts. For purposes of minimizing the potential for groundwater contamination in close proximity to the municipal wells, two zoning districts are established: The Well Head Zone A (WH-A) and the Well Head Zone B (WH-B).
(a)
Zone WH-A is identified as the primary source of water for recharge of the municipal well aquifer and as the area from which groundwater contaminants are most likely to be transmitted to the municipal wells. Zone WH-A is more restrictive than Zone WH-B.
(b)
Zone WH-B is identified as a secondary source of water for recharge of the municipal wells aquifer and as an area where there is a lower probability of surface contaminants reaching the municipal well fields. Zone WH-B is less restrictive than Zone WH-A.
(4)
Permitted and prohibited uses.
(a)
Well Head Zone A (WH-A). All principal and accessory uses which are permitted uses within the underlying zoning districts are permitted within Zone A of the well head protection overlay district except the following uses, which are specifically prohibited and those uses identified as conditional uses in section (5):
1.
Areas for dumping or disposal of garbage, refuse or trash;
2.
Asphalt products manufacture;
3.
Automobile service stations;
4.
Building materials and products sales;
5.
Freight and express facilities;
6.
Car washes;
7.
Cemeteries;
8.
Chemical processing and manufacturing;
9.
Contractor or construction shops or yards;
10.
Demolition and construction material disposal sites;
11.
Dry cleaning establishments;
12.
Electroplating and powder coating;
13.
Exterminating shops or businesses;
14.
Feed and seed sales;
15.
Foundries and forge plants;
16.
Fuel and ice sales;
17.
Garages for repair and servicing of motor vehicles, including body repair, painting or engine rebuilding;
18.
Garden supply, tool and seed stores;
19.
Greenhouses and nurseries;
20.
Heavy machinery production;
21.
Industrial liquid waste storage areas;
22.
Junk yards and auto graveyards;
23.
Leather tanning or processing;
24.
Linoleum manufacturing;
25.
Machine shop;
26.
Metal reduction and refinement;
27.
Metal stamping;
28.
Mining operations;
29.
Motor freight terminals;
30.
Outdoor kennels;
31.
Paint products manufacture;
32.
Paper products manufacture;
33.
Petroleum products storage or processing;
34.
Photography studios which include the developing of film and pictures;
35.
Plastics manufacture;
36.
Printing and publishing establishments;
37.
Rubber processing or manufacture;
38.
Sewage treatment plants;
39.
Soap manufacture;
40.
Steel manufacture;
41.
Stone products manufacture;
42.
Underground petroleum products storage tanks for industrial, commercial, residential or other uses;
43.
Woodworking and wood products.
(b)
Well Head Zone B (WH-B). All principal and accessory permitted uses within the underlying zoning districts are permitted within Zone B of the well head protection overlay district except those uses identified as conditional uses in subsection (5) below and underground petroleum products storage tanks for residential use. Said tanks are specifically prohibited in Zone B.
(5)
Conditional uses.
(a)
The following conditional uses may be allowed in the WH-A Zone subject to the provisions of section 23.10.32:
1.
Any other business or industrial use which is not listed as a prohibited use in subsection (4)(a) above provided that the proposed use is a permitted or conditional use in the underlying zoning district.
(b)
The following conditional uses may be allowed in the WH-B Zone subject to the provisions of section 23.10.32:
1.
Underground petroleum products storage tanks for industrial, commercial or other nonresidential uses;
2.
Any business or industrial use provided that the proposed use is a permitted or conditional use in the underlying zoning district.
(6)
Nonconforming uses. Any lawfully existing building, structure or use which does not conform to the regulations of a mapped well head protection overlay district may be continued subject to the following provisions:
(a)
For nonconforming buildings, structures or uses which were nonconforming prior to being designated as part of a well head protection overlay district, the regulations in article V apply.
(b)
For nonconforming buildings, structures or uses which are made nonconforming through establishment of a well head protection overlay district, the regulations identified in article V also apply; however, these regulations may be modified to meet the particular circumstances surrounding the particular building, structure, or use through the conditional use process as identified in section 23.10.32.
(1)
Purpose. The purpose of the river edge overlay district is to help protect the water quality and scenic resources of the Wisconsin River by reducing soil bank erosion, establishing building setback regulations, and regulating signs near the river's edge. The establishment of this district is intended to help promote the public health, safety and general welfare of the community.
(2)
General provisions. The restrictions imposed upon property within, and in certain cases adjacent to, the river edge overlay district are in addition to the regulations governing the underlying residential, commercial, industrial or other zoning districts or any other provisions of the Wausau Municipal Code. The river edge overlay district establishes building setback and sign regulations that are generally more stringent than those of the underlying zoning district.
(3)
Establishment of district. To implement the purpose and general provisions of this title, the RE, river edge overlay district, is established. The area encompassed by this zoning district is located from the ordinary high water mark of the Wisconsin River inland a distance of 50 feet on any property so designated on the City of Wausau zoning map by the Wausau common council. The location of the ordinary high water mark shall be determined by the director of inspections and electrical systems in consultation with the Wisconsin Department of Natural Resources.
(4)
Permitted and conditional uses. The provisions of the river edge overlay district do not affect the underlying permitted or conditional uses which are allowed in the respective underlying zoning districts nor the other regulations governing land use in those districts except as specifically described herein. Only those uses which are allowed in the underlying zoning district as a permitted or conditional use may be considered for establishment within the RE district.
(7)
Yard requirements. No building may be constructed nor may an existing building be expanded within the river edge overlay district unless the construction or expansion activity is approved following a public hearing before the City plan commission and in accordance with section 23.10.32 of the Zoning Code governing conditional uses.
(5)
Nonconforming buildings and uses. Any lawfully existing building, structure or use which does not conform to the regulations of a mapped river edge overlay district may be continued subject to the following provisions:
(a)
For nonconforming buildings, structures or uses which were nonconforming prior to being designated as part of a river edge overlay district, the regulations of article V apply.
(b)
For nonconforming buildings, structures or uses which are made nonconforming through establishment of a river edge overlay district, the regulations identified in article V also apply; however, these regulations may be modified to meet the particular circumstances surrounding the particular building, structure or use through the conditional use process as identified in Section 23.10.32.
(1)
Purpose of woodland protection requirements: Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing air-borne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rates (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities which further reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.
(2)
Definition: Woodlands are areas of trees whose combined canopies cover a minimum of 70 percent of an area of one acre or more, as shown on the most recent available air photos for the City of Wausau and its environs. Woodlands shall not include tree lines, tree farms, or orchards.
(3)
Determination of woodland boundaries: Upon the proposal of development activity on any property as part of an annexation, conceptual land division, annexation, site plan, or general development plan, the petitioner shall prepare a detailed site analysis per the requirements of section 23.10.42. This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of subsection (2), above.
(4)
Mandatory woodland protection requirements: Woodlands shall remain in an undisturbed state except for the following activities:
(a)
Removal of dead, dying, damaged, or diseased trees.
(b)
Vegetation management, including removal of invasive species.
(c)
Any Passive Outdoor Recreation land use.
(d)
The cutting of up to 30 percent of the woodland area as approved on a site plan, general development plan, preliminary plat, or certified survey map.
1.
Cutting over 30 percent of the woodland area can be exceeded in some instances with the approval of a conditional use permit or Planned Unit Development.