Except as may be otherwise provided, the use, size, height and location of buildings now existing or hereafter erected, converted, enlarged or structurally altered, the provisions of open spaces, and the use of land shall be in compliance with the regulations established herein for the district in which such land or building is located.

(Code 1988, § 10-1-3(a); Ord. No. 1997-003, § 10-1-3(1), 4-14-1997)

(a)

Principal structures. All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved onto a lot.

(b)

Yard maintenance. All required yards shall be kept clear and free from the accumulation of debris and refuse.

(c)

Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.

(d)

Dedicated street. Building permits shall only be issued for a lot which abuts a public street dedicated to its proposed width. Exceptions may be made in the following circumstances:

(1)

A dedicated access easement is provided;

(2)

The lot is legally combined under common ownership with another lot that does abut a public street dedicated to its proposed width.

(e)

Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be not less than the average of the street yards required in both districts.

(f)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the city council upon the recommendation of the plan commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The plan commission, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the city council.

(g)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the plan commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(h)

Decks. For purposes of this article, decks and porches shall be considered a part of a building or structure. Consequently, no portion of any deck or porch should be located in the required setback area.

(Code 1988, § 10-1-5; Ord. No. 1997-003, § 10-1-3(2), 4-14-1997)

(a)

Uses restricted. In any district, no building or land shall be used and no building shall be hereafter erected, structurally altered or relocated except, for one or more of the uses as hereinafter stated for that district and in compliance with the regulations hereinafter established for that district.

(b)

Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs; storage; parking facilities; gardening caretaker, and owner's quarters not for rent; residential rental quarters in the community commercial district, private swimming pools; and private emergency shelters.

(1)

Accessory uses and structures are permitted in the rear yard only. They shall not be closer than ten feet to the principal structure, shall not exceed 15 feet in height, shall not occupy more than 20 percent of the rear yard area, and shall not be closer than three feet to any lot line, nor five feet to any alley line.

(2)

Any accessory building, structure or use on a corner lot, a reversed corner lot or a through lot shall be set back from the property lines adjoining a street the distance required for a front yard, unless otherwise required herein for a specific permitted or conditional use.

(c)

Temporary uses. Uses such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the board of appeals.

(d)

Unclassified uses. In case of a question as to the classification of a use, the question shall be submitted to the plan commission for determination.

(Code 1988, § 10-1-7; Ord. No. 1997-003, § 10-1-3(3), 4-14-1997)

(a)

Lot reduction or joint use. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this article. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(b)

Substandard lots. In any residential or agricultural district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the county register of deeds office before the effective date or amendment of the ordinance from which this article is derived. Required yards shall only be modified upon appeal to the board of appeals. Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this article. If in separate ownership, all the district requirements shall be complied with as practical.

(c)

Two or more uses on one lot. When two or more permitted or conditional uses are provided in the same building or on the same lot, except for accessory uses, the required minimum lot area, setback and yard requirements shall be the largest which would be required for any of the uses individually. Minimum off-street parking requirements shall be the total of that required for each use on the lot.

(d)

Lot division. No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership unless all lots resulting from each such division shall have lot areas and widths as required in this article and front on a public street.

(e)

Through lots. On through lots, both street right-of-way lines shall be front lot lines and front yard setbacks shall apply. For purposes of siting accessory buildings and other yard obstructions, the requirements for rear yards may be applied to one front yard area, as determined by the plan commission, in each individual case.

(Code 1988, § 10-1-10; Ord. No. 1997-003, § 10-1-3(4), 4-14-1997)

The following table is a summary of the area, setback and heights requirements provided in this article:

(1)

Minimum area per dwelling unit 1,800 square feet.

(2)

The plan commission may approve a greater height in these districts.

(3)

Six feet on one side with a minimum of 16 feet total side yard.

(4)

None except same as adjoining districts.

(Code 1988, § 10-2, table)

(a)

Average front yards. The required front yards may be decreased in residential and commercial districts to the average of the existing front yards of the abutting structures on each side but in no case less than 15 feet in residential areas.

(b)

Frontage and lot width. The frontage may be reduced to 40 feet for lots abutting the exterior street line or curved streets or culs de sac provided the side lot lines are perpendicular to the street lines and the lot widens to the required width not more than 100 feet from the street line.

(c)

Yard modifications. The yard requirements specified elsewhere in this article may be modified as follows:

(1)

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

(2)

Residential fences may be permitted on rear and side yard property lines not to exceed six feet; except that between any street line and the setback line for said street, the height shall not exceed four feet.

(3)

Security fences are permitted on the property lines in all other districts but not to exceed ten feet in height.

(4)

Off-street parking is permitted in all yards of the commercial districts but shall not intrude upon the visual clearance triangle.

(5)

Landscaping and vegetation are exempt from the yard requirements, but shall not intrude upon the visual clearance triangle.

(d)

Visual clearance. In each quadrant of every street intersection, there shall be designated a vision clearance triangle bounded by the inner street lines and a line connecting them 25 feet from their intersection. Within this triangle, no object shall be allowed above the height of 2½ feet above the streets if it obstructs the view across the triangle. This provision shall not apply to tree trunks, posts or wire fences.

(Code 1988, § 10-1-13(a)—(c); Ord. No. 1997-003, § 10-1-3(5), (6), 4-14-1997)

Sewage disposal facilities shall be connected to the sewage disposal system of the city. In any district where public sewage service is not available, no building permit shall be issued unless the width and area of the lot are sufficient to permit the use of an on-site sewage disposal system designed in accordance with Wis. Admin. Code ch. H 65. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.

(Code 1988, §§ 10-1-13(7), 10-1-14; Ord. No. 1997-003, § 10-1-3(7), 4-14-1997)

(a)

Except as otherwise set forth in this section, mobile homes, travel trailers or camping trailers shall not be occupied for dwelling purposes except in a lawfully established mobile home park or tourist camp. No more than one camping trailer, travel trailer or motor home may be parked or stored in the open on a lot in a residence district and then only at the side or rear of the principal building.

(b)

Temporary parking and use of a mobile home or trailer shall be permitted when a temporary permit has been issued by the building inspector for the following purposes:

(1)

Use for temporary lodging on a lot containing a dwelling, provided such mobile home is not parked or used thereon for more than four days in any consecutive 30-day period.

(2)

Use for a temporary office or for storage incidental to and only for the period of construction of a building development provided such mobile home or trailer is located on the same or contiguous lot as said building development and moved promptly at the end of construction or upon notice by the building inspector.

(3)

Use as an interim dwelling during construction of a permanent residence or in the event a permanent residence has been damaged or destroyed.

a.

Any temporary permit issued under the provisions of this section shall expire in 12 months from the date of issuance but may be extended for up to 12 additional months, for cause, by the building inspector.

b.

The request for extension must be made in writing and state the causes that require an extension, the building inspector's approval of the extension must also be made in writing.

(c)

Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreation purposes and are located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted by special permit.

(d)

Boats, snowmobiles, cargo trailers, recreation vehicles and similar vehicles may be parked or stored in the open when customary in the operation of a lawfully established principal use, and one such vehicle may be stored or parked on a residential lot provided that it is not located in any required front yard and no major repair, disassembly or rebuilding operations are conducted thereon.

(e)

No more than one vehicle at a time may be offered for sale by owner. Such vehicle may not be parked in any required front yard while advertised for sale.

(Code 1988, § 10-1-3(9); Ord. No. 1997-003, § 10-1-3(9), 4-14-1997)

The district height limitations stipulated elsewhere in this article may be exceeded but the modification shall be as follows:

(1)

Architectural projections, such as church spires, belfries, cupolas, domes, and chimneys, shall not exceed in height their distances from the nearest lot line.

(2)

Communication structures, such as transmission towers, radio towers, aerials and observation towers, shall not exceed in height twice their distance from the nearest lot line.

(3)

Special structures, such as elevator penthouses, grain elevators, manufacturing equipment, substations, and smoke stacks, shall not exceed in height twice their distance from the nearest lot line.

(4)

Electric power and communication transmission lines are exempt from the height limitations of this article.

(5)

Public buildings, such as schools, churches, hospitals, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased one foot for each foot the structure exceeds the district's maximum height requirement.

(Code 1988, § 10-1-9; Ord. No. 1997-003, § 10-1-3(10), 4-14-1997)

(a)

Existing nonconforming uses. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although the use does not conform with the provisions of this article; however:

(1)

Only that portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order to so as to comply with the provisions of this article.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the city's assessed value of the structures at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this article.

(3)

Substitution of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(4)

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this article. When a nonconforming use of structure is damaged by fire, explosion, flood, the public enemy or other calamity it may only be restored in conformity with Wis. Stats. § 62.23(7)(hc). A current file of all nonconforming uses shall be maintained by the building inspector listing the following: owner's name and address, address of the site, use of the structure, land or water, and assessed value at the time of its becoming a nonconforming use.

(b)

Existing nonconforming structures. The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this article is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and/or access provisions of this article. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order and so as to comply with the provisions of this article.

(c)

Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.

(Code 1988, § 10-1-11; Ord. No. 1997-003, § 10-1-3(11), 4-14-1997; Ord. No. 10-002, 6-14-2010)