Chapter 21

ZONING

[HISTORY: Adopted by the Common Council of the City of Gillett as Ch. X of the former Municipal Code. Amendments noted where applicable.]

GENERAL REFERENCES

Adult-oriented establishments and clubs — See Ch. 5.

Cell towers — See Ch. 8.

Fences — See Ch. 11.

Shoreland-wetland zoning — See Ch. 17.

County shoreland — See Ch. A43.

ARTICLE I

General Provisions

§ 21-1.  Title and applicability.

This chapter, established under Ch. 62, Wis. Stats., shall be known as the "Zoning Code for the City of Gillett, Wisconsin" and shall apply to:

A.     The regulation and restriction of the height, number and size of buildings and other structures.

B.     The percentage of lot that may be occupied.

C.     The size of yards, courts and other open spaces.

D.     The density of population.

E.      The regulation of nonconforming uses.

F.      The location and use of buildings, structures and land for trade, industry, residence or other purposes, provided that there shall be no discrimination against temporary structures.

§ 21-2.  Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the community through provisions designed to:

A.     Encourage the most appropriate use of the land.

B.     Conserve the value of land and buildings.

C.     Prevent the overcrowding of land and the congestion of streets.

D.     Provide adequate light and air.

E.      Provide safety from fire, panic and other dangers.

F.      Avoid undue concentration of population.

G.     Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

§ 21-3.  Districts established.

For the purpose of this chapter, the City is hereby divided into the following zoning districts:

A.     Residential District.

B.     Residential - Ridgewood District.

C.     Multifamily District.

D.     Multifamily Overlay District.

E.      Business-Commercial District.

F.      Industrial District.

G.     Mobile Home Park District.

H.     Future Development District.

I.       Industrial Park District.

J.       Parks and Public Lands District.

K.     Shoreland-Wetland District.[1]

§ 21-4.  Zoning Map.

The location and boundaries of the districts established shall be as shown on the map titled "Official Zoning Map of Gillett, Wisconsin." The Official Zoning Map, with all notations, dimensions, designations, references and other data shown, shall be part of this chapter. Applications for amending the Zoning Map must be filed with the City Clerk/Treasurer and a fee paid to cover the cost of publication. A public hearing must be held prior to amending the Zoning Map. Amendments to the Official Zoning Map shall be approved by the Common Council and shall promptly be portrayed on the Official Zoning Map. Said map shall be available for public inspection in the City Hall. Zoning amendments shall be effective after approval by the Common Council unless ownership of the parcel in concern is being changed. The amendment shall then be effective after approval by the Common Council and recording of the deed with the Register of Deeds.[2]

§ 21-5.  Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

A.     Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

B.     Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.     Boundaries indicated as following a railroad right-of-way shall be construed to follow the center line of the railroad right-of-way.

D.     Legal descriptions of property, when available, shall be controlling as to the zoning of any property or the property proposed to be rezoned in accordance with the terms of this chapter.

§ 21-6.  Application of regulations.

The regulations set forth by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

A.     No land, building or structure shall hereafter be used or occupied and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

B.     No sign shall hereafter be erected, hung, placed, altered or moved except in conformity with regulations of the district in which it is located.

C.     No part of a yard, open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

D.     No lot or yard existing at the effective date of adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots or yards created after the effective date of adoption of this chapter shall meet the minimum requirements established by this chapter.

E.      No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is part.

§ 21-7.  Interpretation; greater restrictions to prevail.

In their interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulations, ordinance or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.

§ 21-8.  Adoption of state regulations.

The following chapters of the Wisconsin Administrative Code are hereby adopted by reference and made a part hereof with respect to those classes of buildings to which said chapters specifically apply; further, any future amendments, revisions and modifications of said chapters incorporated herein are intended to be made a part of this chapter.

A.     One- and two-family dwellings and manufactured buildings for dwellings under Chs. COMM 20 to 25.

B.     Electrical Code, Volume 2, under Ch. COMM 16.

C.     Building and heating, ventilating and air conditioning under Chs. COMM 50 to 64.

D.     Plumbing Code under Chs. COMM 80 to 86.

§ 21-9.  Certified survey map.

A.     A certified survey map prepared by a registered land surveyor shall be required for all initial construction or when a property owner divides a lot, and it shall comply in all respects with the requirements of § 236.34, Wis. Stats. In addition, all certified survey maps shall be referred to the Board of Public Works and Utility Committee for their comment on utility and road feasibility and/or requirements. The certified survey map will then go to the Planning Committee for recommendation to the Common Council for approval or rejection.

B.     The map shall show correctly on its face, in addition to the information required by § 236.34, Wis. Stats., the following:

(1)    All existing buildings, watercourses, drainage ditches or other features pertinent to proper subdivision or new construction.

(2)    All lands reserved for future acquisition.

C.     The surveyor shall certify on the face of the map that he has fully complied with all of the provisions of this chapter. The Clerk/Treasurer, after a recommendation by the reviewing committees and approval by the Common Council, shall certify the map.

D.     The certified survey map shall be recorded with the County Register of Deeds after the certificates of the Common Council and the surveyor are placed on the map.

§ 21-10.  Site plan approval.

A site plan is required for all new construction in the Residential District and initial or additional construction in Business-Commercial or Industrial Districts.

A.     A site plan is required to be reviewed per the following:

(1)    By the Board of Public Works and Utility Committee if the construction requires utility connection and street or curb opening.

(2)    By the Board of Public Works if the construction requires street and/or curb opening.

B.     All site plans must be reviewed by the Planning Committee and the Building Inspector prior to issuance of the building permit.

C.     The site plan must show the following:

(1)    Placement of proposed and existing structures.

(2)    Size and height of proposed and existing structures.

(3)    Required setback lines.

(4)    Proposed utility hookups.

(5)    Proposed driveway.

§ 21-11.  Annexations.

Any area annexed to the City shall, as a part of the annexation ordinance, be temporarily designated as part of the FD Future Development District. The area annexed shall immediately be referred to the Planning Committee with the direction to consider its most appropriate use consistent with the adopted Comprehensive Plan and to prepare an amendment to the Zoning Map setting forth the permanent zoning district classification(s) for the area. Such recommendation for permanent zoning district classification shall be submitted to the Common Council within 90 days after passage of the annexation ordinance.

§ 21-12.  Word usage and definitions.

A.     General. For the purpose of this chapter, the following shall apply, as indicated throughout the chapter:

(1)    The word "used" or "occupied" also means intended, designed or arranged to be used or occupied.

(2)    Any words not herein defined shall be construed as defined in State of Wisconsin and City of Gillett Housing Codes.[3]

B.     Definitions. For the purpose of this chapter, the following terms are defined:

ACCESSORY USE OR STRUCTURE — A use or structure on the same lot with the principal use or structure and of a nature customarily incidental and subordinate to the principal structure.

ALLEY — A minor public street or thoroughfare affording only secondary access to abutting properties.

ALTERATION — A change or rearrangement in the structural parts of a structure, an enlargement of a structure, whether by extending on the side or by increasing the height, or the movement of a structure from one location to another.

BED-AND-BREAKFAST ESTABLISHMENT — Any place of lodging that provides eight or fewer rooms for rent, is the owner's personal residence and is occupied by the owner at the time of rental.

BOARDING/ROOMING HOUSE — An establishment where lodging with or without meals is provided for compensation by prearrangement other than in dwelling units, without limitation on time periods involved, and for a total of three to eight roomers and/or boarders.

BUILDING — A structure having one or more stories and a roof which is used, or intended to be used, for shelter or enclosure of persons, property or animals.

BUILDING AREA — The portion of the lot remaining after required yards have been provided.

CLINIC — An office or group of offices for one or more health care professionals engaged in the treatment of persons or animals.

COMMON OPEN SPACE — A parcel or parcels of land or an area of water or combination of land and water designated and intended for either the recreational use and enjoyment of residents of the development for which it was established and for the general public or for the exclusive recreational use and enjoyment of residents of the development for which it was established. No yard required in connection with any principal use or structure shall be designated or intended for use as common open space.

CONVALESCENT HOME, CHILDREN'S HOME OR NURSING HOME — A place where regular care is provided to two or more infirmed persons, children or aged persons who are not members of the family that resides on the premises.

DAY-CARE CENTER — A licensed facility where a person, other than a relative or guardian, provides, for compensation or consideration, or both, care and supervision for four or more children for less than 24 hours a day.

DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures or accessory uses, mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations and deposition of materials.

DWELLING, MODULAR HOME — A building made up of two or more modular sections transported to the home site, put up on a permanent foundation and joined to make a single dwelling.

DWELLING, MULTIFAMILY — A building containing three or more dwelling units. The term "multifamily dwelling" shall include cooperative apartments, condominiums, apartments and the like. Regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods of less than one week shall be considered a motel.

DWELLING, SINGLE-FAMILY — A building containing not more than one dwelling unit, entirely separated from structures on adjacent lots. The term "single-family dwelling" shall not include mobile homes, travel trailers or other forms of portable or temporary housing.

DWELLING, TWO-FAMILY — One building containing not more than two dwelling units or two buildings attached at the side and separated from the adjoining unit by a one-hour fire wall extending from footing to roof, with not more than one dwelling unit per building. All utilities (sewer, water, electric and sump pumps) shall be serviced separately in each unit. The term "two-family dwelling" is intended to imply single-family semidetached buildings and duplexes or any form that conforms to this definition.

DWELLING, TWO-FAMILY, ZERO LOT LINE DUPLEX (TOWNHOUSE) — A building containing two units attached at the sides. Each unit shall be separated from the adjoining unit by a one-hour firewall extending from footing through roof. All utilities (sewer, water, electric and sump pumps) shall be serviced separately in each unit. A survey will precede application for a building permit indicating that the side lot line will be located directly through the place of attachment of the units.

DWELLING UNIT — A room or rooms connected together constituting a separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units and with independent cooking and sleeping facilities.

EXCEPTION — The use of property, including the use and location of buildings, the size of lots and the dimensions of required yards, otherwise not allowable under the terms of this chapter which is permissible by reason of special provisions of this chapter or for which a special permit may be issued by the Planning Committee under conditions specified in this chapter.

FAMILY UNIT — One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit who are living together as a bona fide stable and committed living unit, being a traditional family or the functional equivalent thereof, exhibiting the generic character of a traditional family.

FENCE — Any open or closed barrier made of masonry, metal, plastic, wood or plant materials or any combination of listed materials for the purpose of enclosing any part of a lot or parcel of land.

GARAGE — An attached (sharing a common wall with a home or breezeway) or detached accessory structure intended for the primary purpose of storing motor vehicles.

GAS STATION/CONVENIENCE STORE — A building or premises where gasoline, oil, and automobile accessories may be supplied and dispensed at retail. In addition, grocery and food items may be available.

HEIGHT, BUILDING — A building's vertical measurement from the main level of the finished grade in front of the building to the highest point on the roofline. Height limits do not apply to belfries, cupolas, antennas, water tanks, elevator bulkheads, chimneys, spires, flagpoles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

HOME OCCUPATION — Any home occupation for primary gain or support conducted within a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and subject to the following limitations:

(1)    The home occupation shall be carried on only by members of the family occupying the dwelling, except that one outside employee is allowed. Only one home occupation shall be conducted in a dwelling.

(2)    The outside appearance of a dwelling shall not be changed to accommodate a home occupation, except for the signs normally permitted under the Residential District. The home occupation shall be conducted only within the original living or garage area at the time of purchase of the dwelling.

(3)    Not more than 25% of the original floor area of the dwelling shall be utilized for a home occupation.

(4)    Any use which will require plumbing or electrical changes not customarily a part of the dwelling shall not be permitted.

(5)    Chattels or merchandise shall not be manufactured, repaired, stored, exchanged or displayed outside.

(6)    Home occupations shall include, but are not limited to, the following:

(a)     Office for an accountant, real estate agent, insurance agent, clergyman, architect, artist, author or musician.

(b)     Dressmaking, millinery, babysitting, laundering, musical instruction or crafts.

(c)     The above-mentioned uses are by way of example and not by way of limitation.

(7)    "Home occupation" shall not include the office for a dentist or physician or for auto repairs. These are by way of example and not limitation.

(8)    All home occupations shall register with the City Clerk/Treasurer.

HOTEL — An establishment where lodging is provided for compensation other than in dwelling units and for nine or more persons. Hotels may serve meals to both occupants and others. The term "hotel" is also intended to imply motel, motor court, motor lodge, tourist court or any form that conforms to this definition.

LANDSCAPING — The planting of grass, shrubs or trees to serve as a green area in yards, setback areas, other open space areas, etc.

LOADING SPACE — An off-street space or berth on the same lot with a building or contiguous to a group of buildings and abutting on or affording direct access to a public street or alley for the temporary parking of a commercial vehicle while loading or unloading cargo.

LOT — A parcel of land used or set aside and available for use as the site for one or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the limits of a public or private street right-of-way. The term "record lot" shall mean land designated as a distinct and separate parcel on a legally recorded deed or plat in the office of the County Register of Deeds.

LOT AREA — The total horizontal area within the lot lines of the lot.

LOT COVERAGE — The percentage of the lot area covered by the principal structure.

LOT FRONTAGE — The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

LOT LINE — The line on the Official Map that indicates lot boundaries, provided that any street lines shall be considered lot lines for the purposes of this chapter.

LOT TYPES

(1)    CORNER LOT — A lot located at the intersection of two or more streets. A lot abutting a curved street shall be considered a corner lot when the projected tangents of the lot lines along those streets meet at an interior angle of less than 135°.

(2)    INTERIOR LOT — A lot with only one frontage on a street.

(3)    THROUGH LOT — A lot other than a corner lot with frontage on two streets.

LOT WIDTH — The width of a lot measured at the front yard line.

MOBILE HOME — A building transportable in one or more sections, built on a permanent chassis, with body width exceeding eight feet or body length exceeding 32 feet, designed to be used as a single dwelling with or without a permanent foundation when connected to the required utilities.

MOBILE HOME PARK — A site designed and maintained for the location of two or more mobile homes under a continuing local general management and including special facilities for common use by the occupants, such as open space areas and recreational areas and buildings.

MOBILE HOME SITE — A parcel of land within a mobile home park or a lot in a mobile home subdivision designed for the placement of one mobile home.

NET ACREAGE — The total acreage of a lot, tract or parcel, excluding land in existing and proposed streets and street rights-of-way.

NONCONFORMING USE OR STRUCTURE — The lawful use of land or structures existing prior to the adoption or amendment of this chapter which does not conform to the provisions hereof. Any structure conforming with respect to use but not with respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

PARKING LOT — A premises or parcel of land containing parking spaces open to the public for a fee payment schedule or as free parking.

PARKING SPACE — A graveled or hard-surfaced area of not less than 180 square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

RIGHT-OF-WAY — One-half of the total width of the street, measured from the center of the street. (See definition of "street line.")

SERVICE GARAGE/BODY SHOP — A building or premises where mechanical repair work may be performed.

SETBACK — The distance between any property line and a structure.

SHOPPING CENTER — A commercial development of more than three establishments on one tract or parcel under one ownership or unified control, planned and developed as a unit.

SIGN — Any structure, part thereof or device attached thereto or painted or represented thereon which displays or includes any numeral, letter, word, model, banner, emblem, device, trademark or other representation used as, or in the nature of, an announcement, advertisement, direction or designation of any person or thing in such a manner as to attract attention from the outside of the building. All new permanent signs shall require a sign permit. The following signs shall not be included in the application of sign regulations herein nor require a sign permit:

(1)    Flags and insignia of any government except when displayed in connection with a commercial promotion.

(2)    Legal notices or identification, informational or directional signs erected or required by governmental agencies.

(3)    Integral or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(4)    Signs directing or guiding traffic and parking on private property but bearing no advertisement matter and not exceeding six square feet in area.

(5)    Temporary paper signs advertising a cultural or civic matter within 30 days of such an event.

SIGN TYPES

(1)    DETACHED SIGN — A sign not attached to or painted on a building but which is affixed to the ground, fence or wall not part of a building.

(2)    FLAT SIGN — A sign attached to or parallel to the face of a building or erected or painted on the outside wall of a building and where support of such sign is provided by the wall. Flat signs do not extend more than 18 inches from the building.

(3)    MARQUEE SIGN — A sign attached to or hung from a marquee projecting from and supported by a building.

(4)    PROJECTING SIGN — A sign attached to and projecting 18 inches or more from the face of the wall of a building.

(5)    TEMPORARY SIGN — A sign which will be visible for a short period of time, such as rummage sale signs, real estate for sale or rent, etc.

(6)    POLITICAL SIGN — Political signs shall be limited to six square feet in area and shall be erected no more than 60 days before the election and removed within five days after the election.

(7)    Not allowed. No sign shall display intermittent lights customarily associated with danger or emergencies.

STORY — That portion of a building, other than a basement, that is between the surface of any floor and the surface of the next floor above it or, if there is not a floor above, then the space between such floor and the ceiling above it

STREET LINE — The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way or front yard line.

STRUCTURE — Anything constructed or erected the use of which requires location on the ground or attachment to something having a permanent location on the ground.

SWIMMING POOL — Any man-made permanent container of water, either temporary or permanent, and either above or below the ground, and which is located on the property for 365 days per year, in which water of more than 24 inches or more in depth is contained and which is used for any purpose primarily for bathing or swimming. This definition shall not apply to Christy Brook, Savage Lake, Kasten Lake or any natural drainage course.   [amended 03-02-2006, ord 2006-01]

TREES — Plants not to include shrubs, bushes or plants that do not grow to a height of more than 20 feet.

VARIANCE — A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

YARD — An open space on a lot, unoccupied and unobstructed from the ground upward; provided, however, that fences, walls, poles, posts and other customary yard accessory ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

YARD, FRONT — A yard extending across the front of a lot between the side lot lines and extending from the right-of-way line to the nearest building or projection of a building as established in each zoning district.

YARD, REAR — A yard extending across the rear of a lot between the side lot lines and extending from the rear property line to the nearest line of the principal structure or projection of the principal structure.

YARD, SIDE — A yard extending between the nearest building or projection thereof and the side lot line and extending from the front yard to the rear yard.

ARTICLE II

Nonconformities

§ 21-13.  Intent.

Any use of land or structures or any lot or structure which existed at the effective date of adoption or amendment of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended shall be deemed nonconforming. It is the intent of this chapter to permit such nonconformities to continue, subject to certain restrictions, and that the ownership of such nonconforming lots is transferable.

§ 21-14.  Nonconforming use of land.

Where, upon the effective date of adoption or amendment of this chapter, a use of land exists which would not be permitted or permissible in the district in which it is located, such use may be continued subject to the following restrictions:

A.     Such use shall not be enlarged, increased or extended to occupy a greater area of the lot than was occupied on the effective date of adoption or amendment of this chapter.

B.     Such use shall not be moved in whole or in part to any other portion of the lot other than that portion occupied by such use on the effective date of adoption or amendment of this chapter.

C.     When such use of land is discontinued or abandoned for a period of more than 12 consecutive months for any reason whatever, or when such use is replaced by a permitted or permissible use, a nonconforming use shall not thereafter be resumed.

D.     No additional structure in connection with such use shall be erected.

§ 21-15.  Nonconforming use of structures.

Where, on the effective date of adoption or amendment of this chapter, the use of a structure exists which would not be permitted or permissible in the district in which it is located, such use may be continued subject to the following restrictions:

A.     In the Residential District, such use shall not be enlarged or extended in a manner that will increase the degree of nonconformity.

B.     In all other districts, such use shall not be enlarged or extended to more than 50% of the floor area devoted to such use on the effective date of adoption or amendment of this chapter. Any enlargement or extension of use and any structural alteration in connection with such enlargement or extension shall require approval by the Zoning Board of Appeals and, if applicable, comply with § 21-17 below.

C.     When such use of a structure is discontinued or abandoned for a period of 12 consecutive months for any reason whatever, or when such use is replaced by a permitted or permissible use, the nonconforming use shall thereafter not be resumed.

D.     A nonconforming use of a structure may be changed to another nonconforming use, provided that the proposed use is no more nonconforming than the existing use. The determination of whether the proposed new use is more nonconforming than the existing use shall be determined by the Building Inspector. Any party aggrieved by the decision of the Building Inspector may appeal this matter to the Zoning Board of Appeals, whose decision shall be final.

E.      If such structure is destroyed or damaged to an extent of less than 50% of its replacement cost at the time of destruction, it may be reconstructed and its use continued, provided that any reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, any reconstruction for the continuation of the same use shall require the approval of the Planning Committee, whose decision shall be final. For purposes of this subsection, the extent of the destruction or damage shall be determined by the Building Inspector within 21 days.

§ 21-16.  Nonconforming structures.

Where, on the effective date of adoption or amendment of this chapter, a structure exists which could not be erected in the district in which it is located by reason of restriction on lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue in existence subject to the following restrictions:

A.     Such structure shall not be altered in any manner that would increase the degree of nonconformity. Any other structural alteration shall require approval by the Zoning Board of Appeals.

B.     If such structure is destroyed or damaged to an extent of less than 50% of its replacement cost at the time of destruction it may be reconstructed, provided that any reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, any reconstruction shall require approval by the Planning Committee. For the purpose of this subsection, damages shall be determined by the Building Inspector within 21 days.

§ 21-17.  Nonconforming lots of record.

In any residential district, a single-family dwelling and customary accessory structures may be erected on a single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width or both for the district in which it is located. Variance from yard requirements shall be obtained only through action by the Zoning Board of Appeals.

§ 21-18.  Repairs and maintenance.

Nothing in this chapter shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structure declared to be unsafe.

§ 21-19.  Existing special exceptions.

Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the district in which it is located shall be deemed to have been granted approval by the Planning Committee, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval of the Planning Committee, as provided in this chapter.

ARTICLE III

District Regulations

§ 21-20.  Residential District.

This district is intended to provide for residential land uses and to maintain a low-density character of existing and newly established neighborhoods with primarily single-family and two-family residential uses.

A.     Permitted principal uses and structures: single-family dwellings, and two-family dwellings, and bed and breakfast establishments.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permitted principal uses and structures, home occupations subject to registration with the City Clerk/Treasurer and not more than two roomers or boarders in addition to the resident family unit.

C.     Exception uses and structures: churches and schools, public utility installations, hospitals, cemeteries, parks and playgrounds, convalescent and nursing homes, day-care centers, multi-family, boarding/rooming houses and bed-and-breakfast establishments. All require Common Council approval.

D.     Dimensional requirements: Lots and structures established after January 1, 2009: Single-family and two-family dwellings shall have a minimum lot area of 12,000 square feet, lot width of 100 feet, front yard of 10 feet from street line, rear yard of 30 feet, side yards of 10% of lot or a maximum of 10 feet, and a maximum structure height of 45 feet. A maximum lot coverage of not more than 40% of the lot area may be occupied by the principal and accessory buildings.

E.      Parking.

(1)    Single-family and two-family dwellings: two spaces per unit, one space for each boarder, and one space for each bed-and-breakfast bedroom.

(2)    Churches: one space per three fixed seats.

(3)    High school: one space for each three students and one space for each employee.

(4)    Elementary school: one space for each employee plus 12 extra spaces.

(5)    Nursing and convalescent homes: one space for each five beds plus one space for each employee per shift.

F.      Signs:  Signs shall comply with Sign Ordinance.  Permitted signs include temporary signs and political signs not to exceed six square feet and home occupation signs not to exceed 2.25 square feet. No sign shall exceed six feet in height, produce artificial light from within, or use any form of light for display.

§ 21-21.  Residential - Ridgewood District. (Restrictive Covenants apply)

This district is intended to provide an attractive community and to ensure the best use and most appropriate development of and improvement of each building site. See separate restrictive covenants for details.[4]

A.     Permitted principal uses and structures: single-family dwellings.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permitted principal uses and structures. Home occupation is not allowed.

C.     Exception uses and structures: none permitted.

D.     Dimensional requirements. Single-family dwellings may not exceed 2 1/2 stories. Home size will be a minimum of 1,400 square feet of finished living space. An attached garage will be limited to 1,000 square feet, and exterior material will be in harmony with house design and rooflines. One outbuilding will be allowed not to exceed 1/2 of the total square feet of living space of the house and shall be in harmony with the house exterior. There shall be a minimum twenty-five-foot setback from a street line to any garage, twenty-foot setback from a street line to any living area wall, ten-foot setback from a street line to any non-living wall other than garage, and a ten-foot setback to any side or rear lot line.

E.      Parking. Single-family dwelling: two spaces per unit.

F.      Signs. No permanent sign of any kind shall be displayed to the public view on any lot except one sign up to 12 square feet advertising the property for sale or rent, or a sign used to advertise the property during the construction and sales period. All signs shall be located at least 10 feet back from the lot line. Personalized name signs not to exceed six square feet shall be allowed.

§ 21-22.  Multi-family District.

This district is intended to provide for high-density residential development of three or more units in the City.

A.     Permitted principal uses and structures: single-family dwellings, two-family dwellings and multifamily dwellings.

B.     Exception uses and structures: churches and schools, public utility installations, hospitals, cemeteries, parks and playgrounds, public recreation and community centers, convalescent and nursing homes, community-based residential centers, day-care centers, boarding/rooming houses, and bed-and-breakfast establishments. All require Common Council approval.

 

C.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permitted principal uses and structures, home occupations subject to registration with the City Clerk/Treasurer, and not more than two roomers or boarders in addition to the resident family unit per dwelling.

D.     Dimensional requirements. Lots and structures established after January 1, 2009: Single-family dwellings, two-family dwellings and other permissible principal uses and structures: same as for the Residential District. Single-family, two-family and Multi-family dwellings shall have a minimum lot area of 12,000 square feet or 2,000 square feet per unit for multifamily dwellings, whichever is larger; lot width of 100 feet; front yard of 10 feet from street line; rear yard of 30 feet; side yards of 10 feet each; and maximum structure height of 45 feet. A maximum lot coverage of not more than 50% of the lot area may be occupied by the principal and accessory buildings.

E.      Parking.

(1)    Single-family, two-family and Multi-family dwellings: two spaces per unit, one for each boarder, and one space for each bed-and-breakfast bedroom.

(2)    Churches: one space per three fixed seats.

(3)    High school: one space for each three students and employees.

(4)    Elementary school: one space for each employee.

(5)    Nursing and Convalescent homes: one space for each five beds plus 12 extra spaces and one space for each employee per shift.

F.      Signs. Permitted signs include temporary real estate signs pertaining to rent, lease or sale of the premises upon which sign is located, political signs not to exceed six square feet, and home occupation signs not to exceed 2.25 square feet. No sign shall exceed six feet in height, produce artificial light from within, or use any form of light for display. See Sign Ordinance

§ 21-23.  Multifamily Overlay District.

This district is intended to provide for high-density residential development of three or more units in the City.

A.     Permitted principal uses and structures: single-family dwellings, two-family dwellings and multifamily dwellings.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permitted principal uses and structures, home occupations subject to registration with the City Clerk/Treasurer, and not more than two roomers or boarders in addition to the resident family unit per dwelling.

C.     Exception uses and structures: churches and schools, public utility installations, hospitals, cemeteries, parks and playgrounds, public recreation and community centers, convalescent and nursing homes, community-based residential centers, day-care centers, boarding/rooming houses, and bed-and-breakfast establishments. All require Common Council approval.

D.     Dimensional requirements. Single-family dwellings, two-family dwellings and other permissible principal uses and structures: same as for the Residential District. Single-family, two-family and multifamily dwellings shall have a minimum lot area of 12,000 square feet or 2,000 square feet per unit for multifamily dwellings, whichever is larger; lot width of 100 feet; front yard of 10 feet from street line; rear yard of 30 feet; side yards of 10 feet each; and maximum height of 45 feet. A maximum lot coverage of not more than 50% of the lot area may be occupied by the principal and accessory buildings.

E.      Parking.

(1)    Single-family, two-family and multifamily dwellings: two spaces per unit, one for each boarder, and one space for each bed-and-breakfast bedroom.

(2)    Churches: one space per three fixed seats.

(3)    High school: one space for each three students and employees.

(4)    Elementary school: one space for each employee.

(5)    Nursing and convalescent homes: one space for each five beds plus 12 extra spaces and one space for each employee per shift.

F.      Signs. Permitted signs include temporary real estate signs pertaining to rent, lease or sale of the premises upon which sign is located, political signs not to exceed six square feet, and home occupation signs not to exceed 2.25 square feet. No sign shall exceed six feet in height, produce artificial light from within, or use any form of light for display.

§ 21-24.  Business-Commercial District.

This district is intended to establish and preserve general business areas consisting of buildings or premises used for permitted uses.

A.     Permitted principal uses and structures: retail department, grocery and specialty stores; personal service establishments, including barbershops and beauty shops; business and professional service establishments, including accountants, attorneys, health care professionals, insurance offices and the like; repair shops; restaurants; photography studios; financial institutions, including drive-in facilities; health care clinics; day-care (for profit) centers; public and private institutional uses, including offices, libraries, museums and the like; motels/hotels; printing and publishing establishments; recreational establishments; transportation terminals; dwellings, provided that such dwellings shall be above the ground floor of or behind the principal use; shopping center; bed-and-breakfast establishments, provided that off-street parking is provided in the amount of one parking space for each rented bedroom; automobile dealers and repair shops; funeral homes; and uses of a similar nature. Drive-in theaters shall be prohibited. Home occupations are required to be registered with the City Clerk/Treasurer.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

C.     Exception uses and structures: such exception uses and structures as deemed appropriate and consistent with surrounding premises and with such conditions as established by this chapter. All require Common Council approval.

D.     Dimensional requirements: ten-foot setback from street line or no closer than the setback of existing adjacent buildings. Further no building may cover more than 90% of the lot area.  (established after January 1, 2009)

E.      Parking. One parking space per employee and per dwelling unit and one space per bed-and-breakfast rented bedroom. Available space on primary lot must be used for parking.

F.      Signs. All sign types are permitted. See Sign Ordinance

§ 21-25.  Industrial District. [5]

The purpose of this district is to establish and preserve areas of the City for industrial use, recognizing existing and possible future uses as well as the needs of the surrounding area.

A.     Permitted principal uses and structures. The following are permitted as conditional uses within this district. Such use shall be subject to the approval of the Common Council following the recommendation from the Planning Committee with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards or other factors.

(1)    Manufacturing establishments, usually described as factories, mills, or plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products.

(2)    Other industrial or commercial activities such as warehouses and wholesale and/or retail establishments which require relatively large areas and possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions. The outdoor storage of industrial products, machinery, equipment or other materials must be done in an orderly manner or such storage must be enclosed by a suitable fence or other manner of screening as approved by the Planning Committee.

(3)    Uses customarily incidental to, or similar to, the above uses.

(4)    Any use permitted in the Business-Commercial District except any type of dwellings.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permissible principal uses and structures or industrial purposes.

C.     Exception uses and structures: such exception uses and structures as deemed appropriate and consistent with surrounding premises and with such conditions as established by this chapter. All require Common Council approval.

D.     Dimensional requirements. Space will be required for off-street customer and employee parking, loading and unloading. Front yard setback of 30 feet is required or a minimum of 75 feet if front yard parking is needed. On a corner lot, a setback of 30 feet is required from the side street. Rear yard minimum is 25 feet and side yard 10 feet. Maximum building height is 45 feet. Site plan must be submitted to the appropriate committees per § 21-10.

E.      Parking. Minimum parking space of one space per employee per shift must be established. Roadways and alleys will not be primarily utilized by parked vehicles for parking.

F.      Signs. All sign types are permitted. See Sign Ordinance.

§ 21-26.  Mobile Home Park District.

This district is intended to provide for mobile home park developments in areas of the City. Any mobile home park shall meet the licensing requirements of the State of Wisconsin.

A.     Permitted principal uses and structures: mobile homes.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permitted principal uses and structures, and home occupations subject to registration with the City Clerk/Treasurer.

C.     Exception uses and structures: an office building, laundry, meeting room, and recreation center. All require Common Council approval.

D.     Dimensional requirements. [established for parks after January, 2009]  Front, side and rear lot setbacks shall be the same as for the Residence District. Mobile home parks shall have a minimum lot area of 10 acres and provide a greenbelt or buffer strip not less than 20 feet wide along all boundaries and, unless adequately screened by existing vegetation, may be required to provide a screening of vegetation or screen fence not less than six feet in height. The maximum number of mobile home spaces shall be eight per acre. Individual spaces shall be a minimum of 4,000 square feet. A minimum setback of 50 feet shall be provided from all public rights-of-way bordering the park boundaries, 40 feet from all other park boundaries, and 25 feet from all common areas, including parking area.

E.      Parking. Two spaces per mobile home shall be provided.

F.      Signs. Permitted signs include temporary signs, political signs not to exceed six square feet, and home occupation signs not to exceed 2.25 square feet. No sign shall exceed six feet in height, produce artificial light from within, or use any form of light for display. See Sign Ordinance

§ 21-27.  Future Development District.

This district is intended to provide for potential land development, the continuation of agricultural uses, recreational areas, and very low density residential development in peripheral areas of the City until they are needed for nonagricultural development re-zoned for development and a full range of City services can be economically provided.

A.     Permitted principal uses and structures: agricultural uses, including general farming, outdoor plant nurseries, horticulture, viticulture, sod farming recreational uses, and single-family or two-family detached dwellings. Feedlots or confinement operations shall be prohibited.

B.     Permitted accessory uses and structures: uses and structures customarily accessory and clearly incidental to permitted principal uses and structures, home occupations subject to registration with the Clerk/Treasurer, and not more than two roomers or boarders in addition to the resident family.

C.     Exception uses and structures: same as for the Residential District.

D.     Dimensional requirements. All permitted principal uses and structures shall have a minimum lot area of five one (1) acres, lot width of 150 feet, front yard of 25 feet, rear yard of 25 feet and side yards of 25 feet each.

E.      Permitted signs: same as for the Residential District.  See Sign Ordinance

F.      Off-street parking: same as for the Residential District.

§ 21-28.  Industrial Park District.

This district is intended to provide an area for manufacturing and industrial activities (and such commercial activities as may be approved by the Common Council). It is intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas; or which would create or tend to create conditions of public or private nuisance, hazard or other undesirable conditions; or which for these or other reasons may require special safeguards, equipment, processes, barriers or other forms of protection, including spatial area distance, in order to reduce, eliminate, or shield the public from such conditions.

A.     Permitted uses. The uses for all property within the Industrial Park District will be subject to review by the Planning Committee. All uses within the Industrial Park shall be conditional uses. The following are permitted as conditional uses within this park. Such use shall be subject to the approval of the Common Council following the recommendation of the Planning Committee with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors. Such permitted uses are:

(1)    Manufacturing establishments, usually described as factories, mills or plants, in which raw materials are transformed into finished products and establishments engaged in assembling or disassembling component parts of manufactured products.

(2)    Other industrial or commercial activities such as warehouses and wholesale and/or retail establishments which require relatively large areas and possess the special problem characteristics described above relating to the creation of hazards or nuisance conditions.

(3)    The outdoor storage of industrial products, machinery, equipment, or other materials, provided that such storage or enclosure by a suitable fence or other manner of screening is approved by the Planning Committee.

(4)    Uses customarily incidental to, or similar to, the above uses.

B.     Lot size. Minimum lot size will be two acres. Space will be required for off-street customer and employee parking, loading and unloading.

C.     Setback requirements. There will be a minimum front yard setback of 30 feet and a minimum of 75 feet if front yard parking is needed. On a corner lot, a setback of 30 feet is required from the side street. Roadways and alleys will not be primarily utilized by parked vehicles. Rear yard minimum is 25 feet and side yard minimum is 10 feet.

D.     Maximum building height: Maximum building height is 45 feet.

E.      Building size, location and screening. Building size, height, and location must be submitted for review to the Planning Committee, and receive City Council approval, before construction begins.

F.      Minimum parking provided. Minimum parking space of one space per every two employees /shift must be established.  ie: first shift 100 employees, 2^nd shift 100 employees = 200 spots minimum needed.

G.     Truck unloading area. Sufficient space must be provided so that no streets or alleys need be blocked.

H.     Land purchase price. The purchase price will be determined by the Common Council at the time of the sale.

I.       Junked automobiles. See Chapter 15, § 15-11, Junked vehicles and appliances, of this Code.

J.       Underground installations required. Wires, cables, or other equipment for the transmission of electric current impulses, sounds, voices or communications or any appurtenances thereto hereafter installed shall be placed underground in conduits properly constructed, laid and maintained in accordance with the ordinances and state code pertaining thereto. No wires, cables or equipment for the purposes mentioned herein shall be installed above or over any street, alley, parkway, sidewalk, park or other public place within the Industrial Park District after this section goes into effect.

§ 21-29.  Parks and Public Lands District.

The intent of this district is to preserve areas that are in public ownership and use.

A.     Permitted principal uses and structures: public parks, recreational uses, playgrounds, fairgrounds, arboretums, exhibits, institutional uses such as public administrative offices, public utility installations, and public garages. Buildings owned by nonprofit organizations may be allowed with Common Council approval.

B.     Permitted accessory uses and structures: uses and structures which are necessary additions to permissible principal uses and structures and are under the management or control of the public agency owning or managing the principal area or structure.

C.     Dimensional requirements. There are no minimum lot area requirements.

D.     Permitted signs. All signs must have Park and Cemetery Committee and Planning Committee approvals prior to installation.

(1)    Freestanding signs. Only signs pertaining to the principal use of public land are allowed. Maximum height is 18 feet and size is 40 square feet. Only backlighting is allowed on signs exceeding 26 square feet. The owner of the sign must obtain necessary permits from the municipality and state and call Diggers Hotline and receive a locate number prior to installation. Copies of the locate number and all required state permits must be on file with the City Clerk/Treasurer prior to installation. Signs must be maintained by the owner of the sign.

(2)    Informational signs along the recreational trail. Individual signs must all be the same size and shape and be attached to an approved City signboard.

(3)    Temporary signs. Temporary signs along the recreational trail are allowed as follows:

(a)     Winter signs: December 1 through April 15.

(b)     Summer signs: April 16 through November 30.

ARTICLE IV

Supplementary District Regulations

§ 21-30.  Purpose.

The regulations set forth herein shall supplement or modify the regulations set forth in Article III of this chapter; Section: Residential 21-20; 21-22; 21-23; and 21-27.

§ 21-31.  Lots and yards.

A.     One principal building per lot. In any district, with the exception of the Mobile Home Park District and Industrial Park District, not more than one building housing a principal use may be erected on a single lot.  Also see Parks & Public Lands

B.     Through lots. On through lots or lots with double frontage, the required front yard shall be provided on each street. On corner lots, the street side yard shall equal the required front yard for lots fronting on that street.

C.     Development of mapped streets. Where an official line has been established for the future widening or opening of a street, the depth of a front yard or the width of a side yard shall be measured from such official line to the nearest line of the building.

D.     Access. Every building housing a principal use hereafter erected or moved shall be on a lot with direct access to a public or private street, and all such buildings shall be so located as to provide safe and convenient access for servicing and off-street parking.

E.      Building groups. In any district except the Business-Commercial District, a group of buildings separated only by a common or party wall shall be considered as one building.

§ 21-32.  Accessory uses and structures.

A.     Attached accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements for the principal building.

B.     Detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard setback, and no detached accessory building or buildings shall occupy more than 30% of the required rear yard or be located within five feet of any other accessory building or principal building. A three-foot minimum setback measured to the building wall, with a building overhang not to exceed two feet, shall be maintained from rear and side lot lines, except that where an accessory building has an entrance on an alley, such entrance shall be located not less than 10 feet from the nearest alley line.

C.     Accessory structures. Notwithstanding residential driveways and parking lots, no accessory structure shall be located within five feet of any accessory building or principal building or within three feet of any side or rear lot line.

D.     Corner visibility. On any corner residential lot, nothing shall be erected, planted or allowed to grow within a triangle created by extending a line 25 feet along each street line from the intersection that will obscure visibility over the height of three feet above street grade.

E.      Accessory parking and storage. Customary overnight parking or storage of vehicles that have a gross vehicle weight of 8,000 pounds 5 tons and/or exceed eight feet in width shall be prohibited on any public street or in any residential district. Vehicles without current registration shall also be prohibited on any public street or in any required front yard.

F.      Recreational vehicles and structures. Outside storage is permitted in a reasonable manner for the following: building for ice fishing, mobile camp trailer, recreational vehicles, utility trailer and boat, provided that the above vehicles and structures are owned by the resident. No storage is permitted in front yards.

G.     Satellite dishes. No satellite dish shall be placed on a lot without meeting all setback requirements. Further, no satellite dish shall be placed as to interfere with the use of an adjoining lot. No more than one satellite dish shall be placed on a lot. Any satellite dish which is inadequately anchored or is not structurally sound may be subject to order of removal by the Building Inspector.

§ 21-33.  Common open space.

A.     Buildings and structures. Common open space area may contain complementary buildings and structures appropriate for the recreational use and enjoyment of the residents of the development for which it was established.

B.     Dedication. When common open space or any portion thereof is approved for dedication, and complementary improvements are completed and accepted, a deed shall be conveyed to the City and the supervision and maintenance shall be the responsibility of the City.

C.     Reservation. When common open space or any portion thereof is to be reserved for the exclusive use and enjoyment of the residents of the development from which it was established, the developer shall establish conditions as to the ownership, maintenance and use of such areas as deemed necessary by the City to assure preservation of its intended purposes.

D.     Maintenance. In the event that a common open space is improperly maintained, the City may serve written notice upon any property owner or association setting forth the manner in which such property owner or association has failed to maintain the common open space and demanding maintenance deficiencies be corrected within 10 days. If deficiencies as originally set forth or subsequently modified are not corrected within 10 days, the City may enter upon such common open space and correct maintenance deficiencies. The cost of such maintenance shall be assessed proportionately against the properties within the development that have the right to use the area and shall become a tax lien on said properties. The City, at the time of entry, shall file notice of any liens in the office of the Clerk/Treasurer.

§ 21-34.  Off-street parking.

A.     Changes in buildings and use. Whenever a building or use is changed, structurally altered or enlarged to create a need for an increase of 25% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the change.

B.     Fractional spaces. Where computation of the required parking spaces results in a fractional number, only the fraction of 1/2 or larger shall be counted as one.

C.     Off-lot parking. Required off-street parking spaces shall be located on the same lot with the principal use, or, when this requirement cannot be met, such parking spaces may be located off lot, provided that the parking spaces are located in a district where similar off-street parking facilities are permitted. Off-lot parking spaces must also be held in fee simple ownership by the owner of the use requiring such parking or be leased or rented through a written agreement satisfactory to the City Attorney. Off-lot parking spaces for residential uses shall be within 200 feet of the principal entrance or the entrance for the individual occupant for whom the spaces are reserved, while the farthest portions of a parking lot for all other uses shall be within 500 feet of the entrance of the establishment.

D.     Joint use. Two or more uses may provide required off-street parking spaces in a common parking facility if the total spaces provided are not less than the sum of the spaces required for each use individually. The Planning Committee, through an exception, may permit two or more uses to provide total spaces in a common area less than the sum of the spaces required for each use individually, provided that such uses are not operated during the same hours. A written agreement satisfactory to the City Attorney shall accompany any common use arrangement.

E.      Requirements not specified. Any principal use which does not have specific off-street parking requirements specified in Article III shall provide sufficient off-street parking so that no public street shall be used for parking.

F.      Design standards. Each required off-street parking space shall have a stall width of at least nine feet and a stall length of at least 20 feet. Minimum width of aisles providing access to stalls for one-way traffic shall be as follows: 11 feet for thirty-degree parking and 13 feet for forth-five-degree parking. Where parking spaces are located adjacent to a Residential or Multifamily District, without an intervening street or alley, they shall be sufficiently screened and architecturally compatible in the form of a solid fence or shrubbery.

§ 21-35.  Off-street loading.

Sufficient loading facilities shall be provided so as not to interfere with the plan of traffic or adversely affect adjoining property owners.

§ 21-36.  Swimming pools.

All above- or below-ground swimming pools shall be completely enclosed by a fence of not less than five feet nor more than six feet in height. Gates shall be provided with locking devices. Pools shall be set back at least five feet from the side or rear lot lines and from any other structure, excluding a deck. Any pools which are erected shall conform to the National Electrical Code, Article 680, Swimming Pools, Fountains and Similar Installations. Fencing shall be erected within five days of completion of the pool. All above- and below-ground pools shall require a building permit.

ARTICLE V

Administration and Enforcement

§ 21-37.  Building permit.

No structure, except signs exempt from the provisions of this chapter, and no building shall be erected, constructed, reconstructed, altered, moved or enlarged until a building permit has been obtained from the Building Inspector.

A.     Application. All applications for a building permit shall be accompanied by a site plan, blueprint or engineering drawing showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory buildings, the lines within which the building shall be erected, altered or moved, the existing or intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary for the enforcement of this section. All dimensions shown relating to the location and size of the lot shall be based upon an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

B.     Exception for minor repairs and remodeling. No building permit shall be required for minor repairs or alterations, as per Housing Code,[6] which do not change the occupancy area, structural strength, fire protection, exits, light or ventilation of the building.

C.     Fees. The fee schedule as set by the Common Council shall apply for each building permit and shall accompany each application for a building permit.[7]

§ 21-38.  Certificate of occupancy.

For New Construction:  No residential dwelling shall be occupied or used until a certificate of occupancy has been issued by the Building Inspector.

§ 21-39.  Enforcement.

It shall be the duty of the Building Inspector, with the aid of the Police Department, to enforce the provisions of this chapter.

§ 21-40.  Violations and penalties.

A.     Violations. Any building or structure hereafter erected, moved or structurally altered or any use hereafter established in violation of any of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the City Attorney, who shall bring action to enjoin the erection, moving or structural alteration of such building or the establishment of such building or such use or to cause such building, structure or use to be vacated or removed.

B.     Penalties. Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who resists the enforcement of any of the provisions of this chapter may also be subject to a penalty as provided in Chapter 1, Article II of this Code.

ARTICLE VI

Zoning Board of Appeals

§ 21-41.  Purpose; Board established.

In order that the objectives of this chapter may be more fully and equitably achieved and a means for interpretation provided, there is established a Zoning Board of Appeals (hereinafter referred to as the "Board") for the City. See also Chapter 3, § 3-4A(2) of this Code.

§ 21-42.  Membership and terms of office.

A.     Board members. The Board shall consist of five members appointed by the Mayor and confirmed by the Common Council. The Mayor shall designate one of the Board members Chairperson. Board members shall be removable by the Mayor for cause upon written charges and after a public hearing. A Secretary shall be appointed by the Board.

B.     Alternate members. The Mayor shall appoint two alternate members to the Board. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act with full power only when a member of the Board is absent or refuses to vote because of interest. The second alternate shall act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The provisions for removing Board members shall apply to the removal of alternates.

C.     Terms. Three Board members shall be appointed to three-year terms, except for those first appointed, in which case one member shall serve for one year, two members for two years and two members for three years. Alternate members shall serve staggered terms of three years.

D.     Vacancies. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

§ 21-43.  Meetings, records, decisions, hearings and fees.

A.     Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his/her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.

B.     Records and decisions. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and of the official actions, all of which shall be immediately filed as public records. All actions or decisions shall be taken by resolution in which four members, present during the proceedings, must concur. Each resolution or decision shall contain a statement of the grounds forming the basis of such resolution or decision. The Chairperson shall notify the Common Council and Mayor of all decisions and resolutions.

C.     Public hearing. Upon filing with the Board an application for an appeal or variance, the Board shall fix a reasonable time within 30 days for a public hearing and render a decision within 60 days from filing date. A Class 2 notice pursuant to Ch. 985, Wis. Stats., shall be published in the official newspaper specifying the date, time and place of the hearing and the matters to come before the Board. Written notification to all adjacent property owners must be given. Notices shall also be mailed to the parties of interest, as determined by the Board.

D.     Fees. Appellants and applicants for a variance shall pay an administrative fee as set by the Common Council upon filing an appeal or application.[8] No action shall be taken on any appeal or application until such fee has been paid.

§ 21-44.  Appeals.

A.     Powers and duties. The Board shall have the power to hear and decide appeals by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Building Inspector. The Board may reverse or affirm, wholly or partly, or may modify the decision appealed from and issue or direct the issuance of a permit.

B.     Procedure. An appeal from any decision of the Building Inspector shall be made within 30 days with the Building Inspector and with the Zoning Board of Appeals on a form provided by the Board specifying the grounds for the appeal.

C.     Preliminary review. The Secretary of the Zoning Board of Appeals shall, as promptly as possible, inform the Board concerning the appeal, and the Board may either discuss the matter with the applicant, if the applicant desires, or proceed directly to order public notice of a hearing.

(1)    If the applicant elects to withdraw the appeal any time before final determination is made by the Board, this fact shall be noted on the application, with the signature of the applicant, attesting withdrawal. Copies of the withdrawn application shall be returned to the Secretary for the files of the Board, to the Building Inspector and to the applicant.

(2)    If the appeal is not withdrawn, the Board may request the applicant to provide such additional information as may be needed to determine the case and shall instruct the Secretary to proceed with public notice of a hearing on the case.

D.     Amendments. Amendments of an appeal by the applicant may be permitted at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after public notice of the hearing has been given and such amendment is at variance with the information set forth in the public notice, the applicant shall pay an additional fee as set by the Common Council to cover the cost of amending the public notice.[9] If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date. Otherwise, the Chairperson shall announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given, and will state the reasons for the deferral.

§ 21-45.  Variances.

A.     Powers and duties. The Board shall have the power to authorize upon appeal a variance from the terms of this chapter where a literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship.

B.     Requirements for a variance. In general, the power to authorize a variance from the requirements of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance shall be granted for actions which require an amendment to this chapter. Variances shall only be granted when the Board finds that:

(1)    The variance is not contrary to the public interest and such a variance will be in general harmony with the purposes and intent of this chapter.

(2)    Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

(3)    The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(4)    The variance will not permit the establishment of a use which is not permitted in the district.

(5)    The hardship is not shared generally by other land or buildings in the area.

(6)    The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.

C.     Greater profitability, lack of knowledge of restrictions and other variances granted under similar circumstances are not considered as sufficient causes for a variance.

D.     Nonconforming uses of neighboring lands, structures or buildings in the same district and permitted or nonconforming uses of land, structures or buildings in other districts are not being considered as grounds for issuance of a variance.

ARTICLE VII

Planning Committee

§ 21-46.  Powers and duties.

The Planning Committee shall have the authority to hear and make recommendations to the Common Council concerning special exceptions and amendments to this chapter, as well as all other statutory and delegated duties.

A.     Special exceptions.

(1)    The Planning Committee shall have the power to make a recommendation to the Common Council for any of the uses for which this chapter requires obtaining of such exceptions.

(2)    A written application for a special exception shall be submitted indicating the section under this chapter for which the special exception is sought and stating the grounds on which it is requested. Applications are subject to a fee equal to cost.

(3)    In recommending a special exception, the Planning Committee shall make findings of fact consistent with the provisions of this chapter. The Planning Committee shall not recommend a special exception except in conformance with the conditions and standards outlined in this chapter.

(4)    Public hearings shall be held by the Planning Committee in accordance with § 21-49 below.

(5)    The public hearing shall be held within 30 days of filing petition for special exception, and the Planning Committee must render a decision within 60 days of filing petition.

(6)    In addition to the requirements and conditions specified in this chapter, the Planning Committee may recommend imposing additional conditions as deemed necessary to ensure the proposed use will secure the objectives of this chapter.

(7)    No special exception use shall be recommended by the Planning Committee unless the Committee shall find that:

(a)     The establishment, maintenance or operation of the special exception use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(b)     The special exception use will not be injurious to the use and enjoyment of other property in the orderly development and improvement in the immediate vicinity for the purposes already permitted and will not substantially diminish and impair property values within the neighborhood.

(c)     Adequate facilities, access roads, drainage and/or necessary facilities have been or are being provided.

(d)    Adequate measures have been or will be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets.

(e)     The special exception use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Common Council pursuant to the recommendations of the Planning Committee.

B.     Amendments. The Planning Committee shall make recommendations to the Common Council concerning amendments to this chapter in accordance with § 21-11 and Article VIII of this chapter.

ARTICLE VIII

Amendments

§ 21-47.  Authority of Common Council.

The Common Council may from time to time, on its own motion or on petition, amend, supplement or change this chapter, including the Official Zoning Map.[10]

§ 21-48.  Amendment procedure.

The Common Council shall refer every proposed amendment to the Planning Committee for a report and recommendation. If the Common Council does not receive a report and recommendation from the Planning Committee within 60 days of submitting the proposed amendment, the Common Council may proceed with the necessary hearing.

§ 21-49.  Public hearing and notice.

A.     Required hearing. No amendment to this chapter shall become effective until a public hearing is held before the Planning Committee where parties in interest and citizens shall have the opportunity to be heard.

B.     Notice of hearing. A Class 2 notice in accordance with Ch. 985, Wis. Stats., shall be published in the City's official newspaper once during each of the two weeks prior to such hearing. At least 10 days before the public hearing, a written notice of such hearing shall also be given to the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the proposed amendment. Written notification to all adjacent property owners must be given. Failure to give such notice shall not invalidate such amendment.

§ 21-50.  Final approval.

An amendment shall become effective upon a majority vote of the members of the Common Council voting on the proposed change. However, in case of a protest against such amendment, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed amendment, or by the owners of 20% or more of the area immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by a favorable vote of 3/4 of the members of the Common Council voting on the proposal.