- ZONING DISTRICTS AND DISTRICT MAP
In order to carry out the purpose and provisions of this article, the following districts are hereby established and may be known by the accompanying abbreviated symbols:
(Code 1988, § 10-1-17; Ord. No. 1997-003, § 10-1-4(1), 4-14-1997)
(a)
The locations and boundaries of the zoning districts are shown on the city zoning map and referred to by reference as the Official Zoning Map, Wautoma, Wisconsin.
(b)
That map, together with all explanatory matter and regulations thereon, is an integral part of this article.
(c)
Official copies of the zoning map, together with a copy of this article, shall be kept by the building inspector and shall be available for public inspection during official hours. The map shall be certified by the mayor of the city and attested by the city clerk-treasurer. Any changes or amendments affecting district boundaries or explanatory matter shall be recorded on the application map. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
(Code 1988, § 10-1-18; Ord. No. 1997-003, § 10-1-4(2), 4-14-1997)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following city boundaries shall be construed as following municipal boundaries.
(4)
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(5)
Boundaries indicated as parallel to, or extensions of, features indicated in the preceding shall be so construed.
(6)
The board of zoning appeals, in accordance with the provisions of this article, shall hear and decide the precise location of a district boundary line when such line cannot otherwise be determined.
(Code 1988, § 10-1-19; Ord. No. 1997-003, § 10-1-4(3), 4-14-1997)
This district is designed to encourage the preservation, conservation and development of land areas for a wide range of conservation and recreational purposes. Generally, this district includes swamps, marshlands, river and lakeshore and other land of natural aesthetic value.
(Code 1988, §§ 10-1-17(a), 10-1-20(a); Ord. No. 1997-003, § 10-1-10(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the (O-N) natural resource preservation district, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-167. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-168. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the attached schedule is not permitted in the (O-N) natural resource preservation district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-10(2); Ord. No. 1997-003, § 10-1-10(2), 4-14-1997)
(Code 1988, § 10-1-10(3); Ord. No. 1997-003, § 10-1-10(3), 4-14-1997)
(Code 1988, § 10-1-10(4); Ord. No. 1997-003, § 10-1-10(4), 4-14-1997)
This district is designed to provide for and encourage agricultural use of land, related uses and farm residential uses in a rural environment. Large-scale agricultural uses of land related to the growing of crops are encouraged.
(Code 1988, § 10-1-11(1); Ord. No. 1997-003, § 10-1-11(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the (A-G) general agriculture district, or land uses or activities having conditions attached to them, are set forth in the schedule in 66-192. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in 66-193. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the attached schedule is not permitted in the (A-G) general agriculture district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-11(2); Ord. No. 1997-003, § 10-1-11(2), 4-14-1997)
(Code 1988, § 10-1-11(3); Ord. No. 1997-003, § 10-1-11(3), 4-14-1997)
(Code 1988, § 10-1-11(4); Ord. No. 1997-003, § 10-1-11(4), 4-14-1997)
(a)
Generally. The (R) residential districts are designed:
(1)
To protect the residential character of the included areas by excluding commercial activities.
(2)
To encourage a suitable environment for family life by permitting, under certain conditions, such neighborhood facilities as churches, schools, and playgrounds.
(3)
To permit, under certain conditions, appropriate institutions to be located in residential neighborhoods.
(4)
To preserve openness of the areas and avoid overcrowding by requiring certain minimum yards, open spaces and site area, and
(5)
To make available a variety of dwelling types and densities and a variety of locations to serve a wide range of individual requirements.
(b)
Districts. The following districts are included in the division to carry out the purposes listed in subsection (a) of this section.
(1)
(RS-12) residential single-family district. This district provides for large lot (12,000 square feet minimum) single-family residential development in a suitable environment.
(2)
(RS-8) residential single-family district. This district provides for moderate size lot (8,000 square feet minimum) single-family residential development in a suitable environment.
(3)
(RS-2F) residential two-family district. This district provides for two-family dwellings in a residential environment.
(4)
(RS-M) residential multifamily district. This district provides for multifamily dwellings in a residential environment.
(Code 1988, §§ 10-1-17(e), 10-1-24—10-1-26; Ord. No. 1997-003, § 10-1-12(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in residential districts, or land uses or activities having special conditions attached to them or requiring a special use permit, are set forth in the schedule in section 66-228. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-229. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the attached schedule is not permitted in residential districts in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(c)
Site plan approval. When the attached schedule indicates that site plan approval is necessary for a land use or activity in a residential district, the building inspector may not issue a building permit for such land use or activity until a final site plan has been approved by the plan commission in accordance with this division.
(d)
Dwelling units. All dwelling units in the city must meet the following standards:
(1)
All dwelling units shall have a minimum width of 22 feet.
(2)
All dwelling units shall be placed upon a permanent foundation.
(Code 1988, § 10-1-12(2); Ord. No. 1997-003, § 10-1-12(2), 4-14-1997)
(a)
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.
(b)
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.
(Code 1988, § 10-1-12; Ord. No. 1997-003, § 10-1-12, 4-14-1997)
(Code 1988, § 10-1-12(3); Ord. No. 1997-003, § 10-1-12(3), 4-14-1997)
Note: The minimum side yard is six feet on one side with a minimum of 16 feet total (both sides) side yard.
(Code 1988, § 10-1-12(4); Ord. No. 1997-003, § 10-1-12(4), 4-14-1997)
(a)
Generally. The (C) commercial districts are designed to facilitate the development of commercial uses in accordance to the future growth and development of the city. To provide for a wide range of commercial uses of land, there are three districts specified in the division. These districts are designed to permit development for the respective purposes outlined and to protect nearby residential areas by requiring that certain minimum yard, area, parking and loading requirements be met.
(b)
Districts. The following districts are included in the divisions to carry out the purposes listed in subsection (a) of this section:
(1)
(C-N) neighborhood commercial district. This district provides for uses found in small commercial areas as located throughout the city.
(2)
(C-C) community commercial district. This district provides for uses found in the central business district of the city.
(3)
(C-S) service commercial district. This district provides for commercial service type uses, uses specifically oriented towards the traveler, tourist or vacationer and usually located near major highways.
(Code 1988, §§ 10-1-17(f), 10-1-27—10-1-29; Ord. No. 1997-003, § 10-1-13(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in commercial districts, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-255. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-256. Both schedules are hereby adopted and made part of this article.
(b)
Excluded uses or activities. A land use or activity not set forth in the schedule in section 66-255 is not permitted in commercial districts in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(c)
Enclosure of operation. All business, servicing or processing shall be conducted within completely enclosed buildings except for:
(1)
Off-street parking or loading.
(2)
Drive-in type operations when conducted as a lawful permitted conditional use.
(3)
Outdoor display or sales activity which is normally associated with the operation of a permitted or conditional use.
(4)
The temporary sale of Christmas trees and Christmas greenery may be conducted in open lots in all commercial districts for a period not to exceed 30 days.
(d)
Parking limitations. Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over 1½ tons capacity, except for pick-up or delivery services during normal business hours within the front yard and setback. However, these trucks may be stored in the rear yard.
(e)
Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers. Any assembly or production shall be clearly incidental to the basic use.
(f)
Site plan approval. The building inspector may not issue a building permit for the development or expansion of any commercial or business establishment until a final site plan has been approved by the plan commission.
(Code 1988, § 10-1-13(2); Ord. No. 1997-003, § 10-1-13(2), 4-14-1997)
No building or use shall be constructed or established in a (C-S) district unless it conforms to the following design standards:
(1)
Lot size. Minimum one acre.
a.
No business may be established on a parcel less than one acre.
b.
No parcel shall be divided without city approval.
(2)
Lot width. Minimum 100 feet, measured at the setback line.
(3)
Setbacks/yards. The space within the front setback area shall be used for lawns and landscaped areas and parking lots and shall not be used for buildings, structures, or loading areas. If front is used for parking, there must be 30 feet of green area.
(4)
Parking and loading areas. On street parking and loading is not permitted within this district. All customer parking and loading areas shall be paved with asphalt or concrete within two years of occupancy.
(5)
Outside storage. No outside storage is allowed on the side of the lot abutting the street, highway or alley. All outside storage areas and items stored outside, other than vehicles, shall be completely screened from view with a fence of attractive design.
(6)
Parking. All customer parking areas and driveways shall be paved with asphalt or concrete and may be located within the setback lines provided there is a minimum of 30 feet of green area as outlined in subsection (3) of this section. No on-street parking is allowed. The number of spaces provided shall be adequate for the proposed use as determined by the plan commission, but in no case shall spaces provided total less than:
a.
One space for every 200 square feet of building area for retail establishments.
b.
One space for every 800 square feet of building area for manufacturing and wholesale establishments.
(7)
Landscaping. Buildings and parking areas shall be landscaped with trees and shrubs.
(Code 1988, § 10-1-13(3); Ord. No. 1997-003, § 10-1-13(3), 4-14-1997)
(Code 1988, § 10-1-13(4); Ord. No. 1997-003, § 10-1-13(4), 4-14-1997; Ord. No. 11-005, 7-11-2011; Ord. No. 12-006, 11-12-2012; Ord. No. 12-007, 11-12-2012; Ord. No. 12-008, 11-12-2012)
Notes: The plan commission may approve a greater height based upon the site and construction date which the plan commission may require to be submitted.
(Code 1988, § 10-1-13(5); Ord. No. 1997-003, § 10-1-13(5), 4-14-1997)
(a)
Generally. This chapter provides for a wide range of industrial uses and locations. The (M) manufacturing districts are to encourage the location and design of industrial areas protected from residential encroachment, according the following principles:
(1)
Access. (M) districts should be located where they will have convenient access to railroads and/or major arterial highways and airports, and wherever possible such areas should be located between railroads and major highways.
(2)
Dispersal. (M) districts should be located in various quadrants of the city in order to reduce the time, cost of travel to work, as well as to spread peak-hour traffic loads over many thoroughfares.
(3)
Nuisances. Modern zoning should be used to control location of industries on the basis of their characteristics. Industries of such nature that nuisance factors cannot yet be satisfactorily eliminated should be located so as to be of minimum detriment to other land uses.
(4)
Traffic. (M) districts should be so located that it is not necessary to route the traffic generated by industrial uses through residential or shopping center districts.
(5)
Site characteristics. (M) districts should exhibit reasonably level physical characteristics, be well-drained and have suitable soil bearing capacities. Industrial land should ordinarily be designated in compact areas of adequate depth.
(b)
Districts. The following districts are included in the division to carry out the purposes listed in subsection (a) of this section:
(1)
(M-G) general manufacturing district. This district is intended for any manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the city as a whole by reason of noise, dirt, smoke, odor, traffic, physical appearance or similar factors.
(2)
(M-I) intensive manufacturing district. This district is intended to provide for uses which by their nature may exhibit characteristics harmful, noxious or detrimental to surrounding uses of the land.
(3)
(M-P) manufacturing park district. This district is intended to accommodate a limited range of general business and light industrial uses. It is the intent of these provisions that all structures shall be designed and constructed in such a manner as to provide aesthetically pleasing and harmonious overall development within the district.
(Code 1988, §§ 10-1-17(g), 10-1-30—10-1-31(b); Ord. No. 1997-003, § 10-1-14(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in manufacturing districts, or land uses or activities having special conditions attached to them are set forth in the schedule in section 66-279. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-280. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the schedule in section 66-279 is not permitted in an manufacturing district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(c)
Enclosure of operation. All operations shall be conducted within completely enclosed buildings except:
(1)
Off-street parking and off-street loading when conforming with regulations set forth in this division.
(2)
Establishments of the drive-in type offering goods and services to customers waiting in parked automobiles.
(3)
Servicing, repairing, testing, cleaning and other operations of transportation facilities customarily conducted out-of-doors.
(4)
Storage and testing areas located not less than 500 feet from a residential district. Such areas, when located within 500 feet of a residential district, shall be completely enclosed behind a solid fence or wall or chainlink fence faced with dense plantings of trees or shrubs which in the case of a wall or fence shall be not less than six feet or more than eight feet in height.
(5)
Other uses customarily conducted in the out-of-doors such as open sales lots for retail sales and out-of-doors recreation facilities. Such facilities shall be clearly incidental and secondary to the manufacturing use.
(d)
Setbacks along district lines.
(1)
In a (M) manufacturing district, no building or structure, the principal use of which is manufacturing, fabricating, assembly, repairing, cleaning, servicing or testing of materials, products or goods, shall be located less than 30 feet from a residential district boundary line. All buildings and accessory uses shall be setback 30 feet from street rights-of-way.
(2)
Off-street parking and permitted outdoor storage may be located in such setback areas except that no parking or storage shall be located less than 30 feet from a lot line adjoining a street.
(3)
From an interior lot line, which line is also a boundary of a residential district, all off-street parking or outdoor storage shall be effectively screened from such residential district by a buffer strip at least 23 feet wide and planted to provide an effective visual screen.
(4)
When industrial buildings or structures that exist on the effective date of the ordinance from which this division is derived have setbacks from a residential district of less dimension than is required herein, any expansion of said buildings or structures shall, in lieu of the above requirements, be required to provide setbacks from a residential district as determined by the plan commission in its site plan review.
(e)
Site plan approval. No land use or activity in a manufacturing district may be developed or expanded without a building permit issued by the building inspector under the rules and regulations contained in this section. The building inspector may not issue a building permit for the development or expansion of any permitted use in any manufacturing district until a final site plan has been approved by the plan commission in accordance with this division.
(f)
Existing setback lines. Where existing setback lines are less than required by this Code, such setbacks may be continued so long as all parking, loading, and screening requirements can be met for the total development.
(Code 1988, § 10-1-14(2); Ord. No. 1997-003, § 10-1-14(2), 4-14-1997)
(a)
Review and approval. All uses require conditional site plan review and approval by plan commission.
(b)
Lot coverage. Maximum lot coverage of buildings shall not exceed 60 percent.
(c)
Nuisance control. No operation, process, manufacturing, or building shall produce or create excessive noise, light, odor, smoke, vibration, heat, dust, gas, electronic interference, toxic matter, industrial waste, or other external nuisance. No outdoor storage or warehousing shall be permitted.
(d)
Landscape requirements. Minimum landscaping requirement shall be 20 percent of the site shall be put into landscaping, including grass, shrubs, trees or other suitable and decorative material. All plant materials shall be maintained in a living and growing condition so as to present a healthy, neat, and orderly appearance. The area shall be kept free of refuse and debris. This requirements may be met if at the time of subdivision of the land and at least 20 percent of the land is designated as wetland.
(e)
Architectural control. Complete architectural design must be given to all facades of all buildings with all side and rear elevations being given architectural treatment compatible with the front elevation for the building. Any portions of the building facing a street or residentially zoned area shall be finished in an attractive manner in keeping with the accepted standards used for the type of building.
(f)
Trash storage. Any outdoor trash storage areas shall be maintained within the rear and side yard required setbacks. The area shall be screened from view from the street and adjoining properties with a solid fencing to provide a suitable vision screen. The minimum height of the fence shall be six feet.
(Code 1988, § 10-1-14(3); Ord. No. 1997-003, § 10-1-14(3), 4-14-1997)
(Code 1988, § 10-1-14(4); Ord. No. 1997-003, § 10-1-14(4), 4-14-1997)
(Code 1988, § 10-1-14(5); Ord. No. 1997-003, § 10-1-14(5), 4-14-1997)
The (O-P) public and semipublic district provides for the orderly and attractive grouping of public and semipublic buildings and services which exhibit open space characteristics of a recreational and/or estate nature.
(Code 1988, §§ 10-1-17(d), 10-1-23(a); Ord. No. 1997-003, § 10-1-15(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the public and semipublic district, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-311. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-312. Both schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the schedule in section 66-311 is not permitted in the public and semipublic district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-23(b)—(f); Ord. No. 1997-003, § 10-1-15(2), 4-14-1997)
(Code 1988, § 10-1-15(3); Ord. No. 1997-003, § 10-1-15(3), 4-14-1997)
(Code 1988, § 10-1-15(4); Ord. No. 1997-003, § 10-1-15(4), 4-14-1997)
(a)
The (F-P) floodplain district allows for the safe discharge of floodwaters; preserves the storage capacity of the floodplain in order to protect the public health, safety and general welfare; minimizes property damage and the cost of flood prevention; and allows for flood relief.
(b)
The establishment of floodplain district boundaries for the purpose of regulating future development is not intended nor shall it be construed to imply or assure owners, occupants or prospective purchaser of property that no flood of greater magnitude will occur in the future.
(Code 1988, §§ 10-1-17(b), 10-1-21(a); Ord. No. 1997-003, § 10-1-16(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the (F-P) floodplain district, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-346. Regulations for lot size, yards and similar bulk requirements are set forth in Schedule 10-1-16B. Both schedules are hereby adopted and made part of this Division.
(b)
Excluded uses or activities. A land use or activity not set forth in Schedule 10-1-16A is not permitted in the (F-P) floodplain district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-16(2); Ord. No. 1997-003, § 10-1-16(2), 4-14-1997)
No use or modification of an existing use shall be permitted that will:
(1)
Involve dumping.
(2)
Result in accelerated streambank erosion.
(3)
Obstruct the flow of floodwaters, retard the movement of floodwater, as to increase flow velocities, increase the floodstage, or substantially reduce the floodstorage capacity of the floodplain, except public water measurement and control facilities.
(Code 1988, § 10-1-21(b); Ord. No. 1997-003, § 10-1-16(3), 4-14-1997)
(Code 1988, § 10-1-16(4); Ord. No. 1997-003, § 10-1-16(4), 4-14-1997)
- ZONING DISTRICTS AND DISTRICT MAP
In order to carry out the purpose and provisions of this article, the following districts are hereby established and may be known by the accompanying abbreviated symbols:
(Code 1988, § 10-1-17; Ord. No. 1997-003, § 10-1-4(1), 4-14-1997)
(a)
The locations and boundaries of the zoning districts are shown on the city zoning map and referred to by reference as the Official Zoning Map, Wautoma, Wisconsin.
(b)
That map, together with all explanatory matter and regulations thereon, is an integral part of this article.
(c)
Official copies of the zoning map, together with a copy of this article, shall be kept by the building inspector and shall be available for public inspection during official hours. The map shall be certified by the mayor of the city and attested by the city clerk-treasurer. Any changes or amendments affecting district boundaries or explanatory matter shall be recorded on the application map. No change shall be effective until so recorded and until a duly certified and attested certificate describing the change is filed with the map.
(Code 1988, § 10-1-18; Ord. No. 1997-003, § 10-1-4(2), 4-14-1997)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following city boundaries shall be construed as following municipal boundaries.
(4)
Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(5)
Boundaries indicated as parallel to, or extensions of, features indicated in the preceding shall be so construed.
(6)
The board of zoning appeals, in accordance with the provisions of this article, shall hear and decide the precise location of a district boundary line when such line cannot otherwise be determined.
(Code 1988, § 10-1-19; Ord. No. 1997-003, § 10-1-4(3), 4-14-1997)
This district is designed to encourage the preservation, conservation and development of land areas for a wide range of conservation and recreational purposes. Generally, this district includes swamps, marshlands, river and lakeshore and other land of natural aesthetic value.
(Code 1988, §§ 10-1-17(a), 10-1-20(a); Ord. No. 1997-003, § 10-1-10(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the (O-N) natural resource preservation district, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-167. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-168. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the attached schedule is not permitted in the (O-N) natural resource preservation district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-10(2); Ord. No. 1997-003, § 10-1-10(2), 4-14-1997)
(Code 1988, § 10-1-10(3); Ord. No. 1997-003, § 10-1-10(3), 4-14-1997)
(Code 1988, § 10-1-10(4); Ord. No. 1997-003, § 10-1-10(4), 4-14-1997)
This district is designed to provide for and encourage agricultural use of land, related uses and farm residential uses in a rural environment. Large-scale agricultural uses of land related to the growing of crops are encouraged.
(Code 1988, § 10-1-11(1); Ord. No. 1997-003, § 10-1-11(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the (A-G) general agriculture district, or land uses or activities having conditions attached to them, are set forth in the schedule in 66-192. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in 66-193. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the attached schedule is not permitted in the (A-G) general agriculture district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-11(2); Ord. No. 1997-003, § 10-1-11(2), 4-14-1997)
(Code 1988, § 10-1-11(3); Ord. No. 1997-003, § 10-1-11(3), 4-14-1997)
(Code 1988, § 10-1-11(4); Ord. No. 1997-003, § 10-1-11(4), 4-14-1997)
(a)
Generally. The (R) residential districts are designed:
(1)
To protect the residential character of the included areas by excluding commercial activities.
(2)
To encourage a suitable environment for family life by permitting, under certain conditions, such neighborhood facilities as churches, schools, and playgrounds.
(3)
To permit, under certain conditions, appropriate institutions to be located in residential neighborhoods.
(4)
To preserve openness of the areas and avoid overcrowding by requiring certain minimum yards, open spaces and site area, and
(5)
To make available a variety of dwelling types and densities and a variety of locations to serve a wide range of individual requirements.
(b)
Districts. The following districts are included in the division to carry out the purposes listed in subsection (a) of this section.
(1)
(RS-12) residential single-family district. This district provides for large lot (12,000 square feet minimum) single-family residential development in a suitable environment.
(2)
(RS-8) residential single-family district. This district provides for moderate size lot (8,000 square feet minimum) single-family residential development in a suitable environment.
(3)
(RS-2F) residential two-family district. This district provides for two-family dwellings in a residential environment.
(4)
(RS-M) residential multifamily district. This district provides for multifamily dwellings in a residential environment.
(Code 1988, §§ 10-1-17(e), 10-1-24—10-1-26; Ord. No. 1997-003, § 10-1-12(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in residential districts, or land uses or activities having special conditions attached to them or requiring a special use permit, are set forth in the schedule in section 66-228. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-229. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the attached schedule is not permitted in residential districts in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(c)
Site plan approval. When the attached schedule indicates that site plan approval is necessary for a land use or activity in a residential district, the building inspector may not issue a building permit for such land use or activity until a final site plan has been approved by the plan commission in accordance with this division.
(d)
Dwelling units. All dwelling units in the city must meet the following standards:
(1)
All dwelling units shall have a minimum width of 22 feet.
(2)
All dwelling units shall be placed upon a permanent foundation.
(Code 1988, § 10-1-12(2); Ord. No. 1997-003, § 10-1-12(2), 4-14-1997)
(a)
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.
(b)
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.
(Code 1988, § 10-1-12; Ord. No. 1997-003, § 10-1-12, 4-14-1997)
(Code 1988, § 10-1-12(3); Ord. No. 1997-003, § 10-1-12(3), 4-14-1997)
Note: The minimum side yard is six feet on one side with a minimum of 16 feet total (both sides) side yard.
(Code 1988, § 10-1-12(4); Ord. No. 1997-003, § 10-1-12(4), 4-14-1997)
(a)
Generally. The (C) commercial districts are designed to facilitate the development of commercial uses in accordance to the future growth and development of the city. To provide for a wide range of commercial uses of land, there are three districts specified in the division. These districts are designed to permit development for the respective purposes outlined and to protect nearby residential areas by requiring that certain minimum yard, area, parking and loading requirements be met.
(b)
Districts. The following districts are included in the divisions to carry out the purposes listed in subsection (a) of this section:
(1)
(C-N) neighborhood commercial district. This district provides for uses found in small commercial areas as located throughout the city.
(2)
(C-C) community commercial district. This district provides for uses found in the central business district of the city.
(3)
(C-S) service commercial district. This district provides for commercial service type uses, uses specifically oriented towards the traveler, tourist or vacationer and usually located near major highways.
(Code 1988, §§ 10-1-17(f), 10-1-27—10-1-29; Ord. No. 1997-003, § 10-1-13(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in commercial districts, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-255. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-256. Both schedules are hereby adopted and made part of this article.
(b)
Excluded uses or activities. A land use or activity not set forth in the schedule in section 66-255 is not permitted in commercial districts in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(c)
Enclosure of operation. All business, servicing or processing shall be conducted within completely enclosed buildings except for:
(1)
Off-street parking or loading.
(2)
Drive-in type operations when conducted as a lawful permitted conditional use.
(3)
Outdoor display or sales activity which is normally associated with the operation of a permitted or conditional use.
(4)
The temporary sale of Christmas trees and Christmas greenery may be conducted in open lots in all commercial districts for a period not to exceed 30 days.
(d)
Parking limitations. Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over 1½ tons capacity, except for pick-up or delivery services during normal business hours within the front yard and setback. However, these trucks may be stored in the rear yard.
(e)
Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers. Any assembly or production shall be clearly incidental to the basic use.
(f)
Site plan approval. The building inspector may not issue a building permit for the development or expansion of any commercial or business establishment until a final site plan has been approved by the plan commission.
(Code 1988, § 10-1-13(2); Ord. No. 1997-003, § 10-1-13(2), 4-14-1997)
No building or use shall be constructed or established in a (C-S) district unless it conforms to the following design standards:
(1)
Lot size. Minimum one acre.
a.
No business may be established on a parcel less than one acre.
b.
No parcel shall be divided without city approval.
(2)
Lot width. Minimum 100 feet, measured at the setback line.
(3)
Setbacks/yards. The space within the front setback area shall be used for lawns and landscaped areas and parking lots and shall not be used for buildings, structures, or loading areas. If front is used for parking, there must be 30 feet of green area.
(4)
Parking and loading areas. On street parking and loading is not permitted within this district. All customer parking and loading areas shall be paved with asphalt or concrete within two years of occupancy.
(5)
Outside storage. No outside storage is allowed on the side of the lot abutting the street, highway or alley. All outside storage areas and items stored outside, other than vehicles, shall be completely screened from view with a fence of attractive design.
(6)
Parking. All customer parking areas and driveways shall be paved with asphalt or concrete and may be located within the setback lines provided there is a minimum of 30 feet of green area as outlined in subsection (3) of this section. No on-street parking is allowed. The number of spaces provided shall be adequate for the proposed use as determined by the plan commission, but in no case shall spaces provided total less than:
a.
One space for every 200 square feet of building area for retail establishments.
b.
One space for every 800 square feet of building area for manufacturing and wholesale establishments.
(7)
Landscaping. Buildings and parking areas shall be landscaped with trees and shrubs.
(Code 1988, § 10-1-13(3); Ord. No. 1997-003, § 10-1-13(3), 4-14-1997)
(Code 1988, § 10-1-13(4); Ord. No. 1997-003, § 10-1-13(4), 4-14-1997; Ord. No. 11-005, 7-11-2011; Ord. No. 12-006, 11-12-2012; Ord. No. 12-007, 11-12-2012; Ord. No. 12-008, 11-12-2012)
Notes: The plan commission may approve a greater height based upon the site and construction date which the plan commission may require to be submitted.
(Code 1988, § 10-1-13(5); Ord. No. 1997-003, § 10-1-13(5), 4-14-1997)
(a)
Generally. This chapter provides for a wide range of industrial uses and locations. The (M) manufacturing districts are to encourage the location and design of industrial areas protected from residential encroachment, according the following principles:
(1)
Access. (M) districts should be located where they will have convenient access to railroads and/or major arterial highways and airports, and wherever possible such areas should be located between railroads and major highways.
(2)
Dispersal. (M) districts should be located in various quadrants of the city in order to reduce the time, cost of travel to work, as well as to spread peak-hour traffic loads over many thoroughfares.
(3)
Nuisances. Modern zoning should be used to control location of industries on the basis of their characteristics. Industries of such nature that nuisance factors cannot yet be satisfactorily eliminated should be located so as to be of minimum detriment to other land uses.
(4)
Traffic. (M) districts should be so located that it is not necessary to route the traffic generated by industrial uses through residential or shopping center districts.
(5)
Site characteristics. (M) districts should exhibit reasonably level physical characteristics, be well-drained and have suitable soil bearing capacities. Industrial land should ordinarily be designated in compact areas of adequate depth.
(b)
Districts. The following districts are included in the division to carry out the purposes listed in subsection (a) of this section:
(1)
(M-G) general manufacturing district. This district is intended for any manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the city as a whole by reason of noise, dirt, smoke, odor, traffic, physical appearance or similar factors.
(2)
(M-I) intensive manufacturing district. This district is intended to provide for uses which by their nature may exhibit characteristics harmful, noxious or detrimental to surrounding uses of the land.
(3)
(M-P) manufacturing park district. This district is intended to accommodate a limited range of general business and light industrial uses. It is the intent of these provisions that all structures shall be designed and constructed in such a manner as to provide aesthetically pleasing and harmonious overall development within the district.
(Code 1988, §§ 10-1-17(g), 10-1-30—10-1-31(b); Ord. No. 1997-003, § 10-1-14(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in manufacturing districts, or land uses or activities having special conditions attached to them are set forth in the schedule in section 66-279. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-280. Both said schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the schedule in section 66-279 is not permitted in an manufacturing district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(c)
Enclosure of operation. All operations shall be conducted within completely enclosed buildings except:
(1)
Off-street parking and off-street loading when conforming with regulations set forth in this division.
(2)
Establishments of the drive-in type offering goods and services to customers waiting in parked automobiles.
(3)
Servicing, repairing, testing, cleaning and other operations of transportation facilities customarily conducted out-of-doors.
(4)
Storage and testing areas located not less than 500 feet from a residential district. Such areas, when located within 500 feet of a residential district, shall be completely enclosed behind a solid fence or wall or chainlink fence faced with dense plantings of trees or shrubs which in the case of a wall or fence shall be not less than six feet or more than eight feet in height.
(5)
Other uses customarily conducted in the out-of-doors such as open sales lots for retail sales and out-of-doors recreation facilities. Such facilities shall be clearly incidental and secondary to the manufacturing use.
(d)
Setbacks along district lines.
(1)
In a (M) manufacturing district, no building or structure, the principal use of which is manufacturing, fabricating, assembly, repairing, cleaning, servicing or testing of materials, products or goods, shall be located less than 30 feet from a residential district boundary line. All buildings and accessory uses shall be setback 30 feet from street rights-of-way.
(2)
Off-street parking and permitted outdoor storage may be located in such setback areas except that no parking or storage shall be located less than 30 feet from a lot line adjoining a street.
(3)
From an interior lot line, which line is also a boundary of a residential district, all off-street parking or outdoor storage shall be effectively screened from such residential district by a buffer strip at least 23 feet wide and planted to provide an effective visual screen.
(4)
When industrial buildings or structures that exist on the effective date of the ordinance from which this division is derived have setbacks from a residential district of less dimension than is required herein, any expansion of said buildings or structures shall, in lieu of the above requirements, be required to provide setbacks from a residential district as determined by the plan commission in its site plan review.
(e)
Site plan approval. No land use or activity in a manufacturing district may be developed or expanded without a building permit issued by the building inspector under the rules and regulations contained in this section. The building inspector may not issue a building permit for the development or expansion of any permitted use in any manufacturing district until a final site plan has been approved by the plan commission in accordance with this division.
(f)
Existing setback lines. Where existing setback lines are less than required by this Code, such setbacks may be continued so long as all parking, loading, and screening requirements can be met for the total development.
(Code 1988, § 10-1-14(2); Ord. No. 1997-003, § 10-1-14(2), 4-14-1997)
(a)
Review and approval. All uses require conditional site plan review and approval by plan commission.
(b)
Lot coverage. Maximum lot coverage of buildings shall not exceed 60 percent.
(c)
Nuisance control. No operation, process, manufacturing, or building shall produce or create excessive noise, light, odor, smoke, vibration, heat, dust, gas, electronic interference, toxic matter, industrial waste, or other external nuisance. No outdoor storage or warehousing shall be permitted.
(d)
Landscape requirements. Minimum landscaping requirement shall be 20 percent of the site shall be put into landscaping, including grass, shrubs, trees or other suitable and decorative material. All plant materials shall be maintained in a living and growing condition so as to present a healthy, neat, and orderly appearance. The area shall be kept free of refuse and debris. This requirements may be met if at the time of subdivision of the land and at least 20 percent of the land is designated as wetland.
(e)
Architectural control. Complete architectural design must be given to all facades of all buildings with all side and rear elevations being given architectural treatment compatible with the front elevation for the building. Any portions of the building facing a street or residentially zoned area shall be finished in an attractive manner in keeping with the accepted standards used for the type of building.
(f)
Trash storage. Any outdoor trash storage areas shall be maintained within the rear and side yard required setbacks. The area shall be screened from view from the street and adjoining properties with a solid fencing to provide a suitable vision screen. The minimum height of the fence shall be six feet.
(Code 1988, § 10-1-14(3); Ord. No. 1997-003, § 10-1-14(3), 4-14-1997)
(Code 1988, § 10-1-14(4); Ord. No. 1997-003, § 10-1-14(4), 4-14-1997)
(Code 1988, § 10-1-14(5); Ord. No. 1997-003, § 10-1-14(5), 4-14-1997)
The (O-P) public and semipublic district provides for the orderly and attractive grouping of public and semipublic buildings and services which exhibit open space characteristics of a recreational and/or estate nature.
(Code 1988, §§ 10-1-17(d), 10-1-23(a); Ord. No. 1997-003, § 10-1-15(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the public and semipublic district, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-311. Regulations for lot size, yards and similar bulk requirements are set forth in the schedule in section 66-312. Both schedules are hereby adopted and made part of this division.
(b)
Excluded uses or activities. A land use or activity not set forth in the schedule in section 66-311 is not permitted in the public and semipublic district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-23(b)—(f); Ord. No. 1997-003, § 10-1-15(2), 4-14-1997)
(Code 1988, § 10-1-15(3); Ord. No. 1997-003, § 10-1-15(3), 4-14-1997)
(Code 1988, § 10-1-15(4); Ord. No. 1997-003, § 10-1-15(4), 4-14-1997)
(a)
The (F-P) floodplain district allows for the safe discharge of floodwaters; preserves the storage capacity of the floodplain in order to protect the public health, safety and general welfare; minimizes property damage and the cost of flood prevention; and allows for flood relief.
(b)
The establishment of floodplain district boundaries for the purpose of regulating future development is not intended nor shall it be construed to imply or assure owners, occupants or prospective purchaser of property that no flood of greater magnitude will occur in the future.
(Code 1988, §§ 10-1-17(b), 10-1-21(a); Ord. No. 1997-003, § 10-1-16(1), 4-14-1997)
(a)
Schedule of regulations. Restrictions and controls for land uses or activities permitted in the (F-P) floodplain district, or land uses or activities having conditions attached to them, are set forth in the schedule in section 66-346. Regulations for lot size, yards and similar bulk requirements are set forth in Schedule 10-1-16B. Both schedules are hereby adopted and made part of this Division.
(b)
Excluded uses or activities. A land use or activity not set forth in Schedule 10-1-16A is not permitted in the (F-P) floodplain district in the city except that uses and activities which are similar to those which are permitted in a district may be permitted by conditional use permit.
(Code 1988, § 10-1-16(2); Ord. No. 1997-003, § 10-1-16(2), 4-14-1997)
No use or modification of an existing use shall be permitted that will:
(1)
Involve dumping.
(2)
Result in accelerated streambank erosion.
(3)
Obstruct the flow of floodwaters, retard the movement of floodwater, as to increase flow velocities, increase the floodstage, or substantially reduce the floodstorage capacity of the floodplain, except public water measurement and control facilities.
(Code 1988, § 10-1-21(b); Ord. No. 1997-003, § 10-1-16(3), 4-14-1997)
(Code 1988, § 10-1-16(4); Ord. No. 1997-003, § 10-1-16(4), 4-14-1997)