1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 10: Zoning Code

 

Chapter 1: Zoning Code

Article A - Introduction; Official Maps, Definitions

Article B - General Provisions

Article C - Zoning Districts

Article D - Planned Unit Developments

Article E - Drive-Ins

Article F - Administration; Enforcement

 

Article A - Introduction; Official Maps, Definitions

Sec. 10-1-1 Interpretation and Purposes

  The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the City. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenant, or agreement between the parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern, unless otherwise stated.

Sec. 10-1-2 Districts

  For the purposes of this chapter, the City is divided into 16 districts as follows:

(a) R-1 Single Family Residence District

(b) R-2 Single and Double Family Residence District

(c) R-3 Single and Double Family Residence District

(d) R-4 Multiple Family Residence District

(e) B-1 Business District

(f) B-2 Business District

(g) B-3 Business District

(h) W-B Waterfront Business District

(i) I-1 Industrial District

(j) I-2 Industrial District

(k) C-1 Conservancy District

(l) C-2 Conservancy District

(m) Planned Unit Development District (PUD)

(n) Planned Development District (PDD)

(o) Office/Service Business District (OSB)

(p) I-3 Business Park District (BPD)

(q) Conservation Subdivision District (CSO)

Sec. 10-1-3 Zoning District Maps

(a) The boundaries of the districts are established as shown on the maps entitled:

(b) AMENDMENTS (By Ordinance Number)

Sec. 10-1-4 Official Map

(a) ESTABLISHMENT. There is hereby established an Official Map of the City, Dated June 1, 1959, as amended, showing the location and width of streets, highways and parkways as laid out, adopted and established. Such official map consists of:

(b) CERTIFICATE OF ADOPTION AND AMENDMENT. The City Clerk shall file with the Register of Deeds of Manitowoc County a certificate showing that the City has established an Official Map dated June 1, 1959, and shall file a similar certificate when the City makes amendments to such Official Map.

(c) AMENDMENTS (By Ordinance Number)
13497, 13670, 14833, 15161, 16692, 17751, 18357, 18391, 19076, 19649, 19822, 20461, 20489, 20555, 20557, 20895, 20996, 21095, 21220, 21306, 21308, 21372, 21749, 22448, 22733, 22914, 22985, 23757, 23910, 23971, 24075, 24249, 24627, 24644, 24817

Sec. 10-1-5 Annexation

(a) All territory annexed to the City shall automatically become a part of the Single Family Residence District until definite boundaries and regulations are recommended by the City Plan Commission and adopted by the Council; provided, however, that the Council shall adopt definite boundaries and district regulations within ninety (90) days from the date of the annexation.

(b) ANNEXATIONS (By Ordinance Number)

Year Ordinance Number
1969: 9851
1970: 10189
1973: 11868
1974: 12067
1975: none
1976: 13347
1977: 13867
1978: 13926, 13971, 14118
1980: 14885, 14900
1983: 16090
1985: 16517
1987: 17374, 17657, 17700, 17721, 17723
1988: 18056, 18220
1989: 18264, 18290, 18534
1990: 19051, 19151, 19154
1991: 19864, 19865
1992: 20423
1993: 20833, 20866
1994: 21090, 21163
1995: 21475, 21788, 21802, 21851
1996: none
1997: 22361, 22431, 22438
1998: 22649, 22740
1999: 23035, 23060, 23061, 23144, 23145, 23173, 23190, 23191, 23299
2000: 23588, 23599, 23600, 23601, 23602, 23603, 23604, 23605, 23606, 23607, 23608, 23622
2001: 23823, 23908
2002: 24247, 24331

Sec. 10-1-6 District Boundaries

(a) STREETS AND ALLEYS. The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the District Map indicates that the districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(b) SUBDIVIDED PROPERTY. Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where designations on the District Map are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of the district.

(c) UNSUBDIVIDED PROPERTY. In unsubdivided property, the district boundary lines shown on the District Map shall be determined by use of the scale shown on such map.

Sec. 10-1-7 Definitions

(a) For the purposes of this chapter, certain words and terms are defined as follows:

Sec. 10-1-8 Comprehensive Plan Pursuant to Wisconsin Statutes Section 66.1001 (Smart Growth)

  On August 21, 2006 City of Two Rivers approved a contract with the Bay Lake Regional Planning Commission to prepare a Comprehensive Plan for the City fo Two River sunder the guidelines of Section 66.1001 Wisconsin Statutes.

  The project included a public participation component to guide the preparation of the Comprehensive Plan, which included provisions for wide distribution of the proposed elements of the Comprehensive Plan, and provided an opportunity for written comments to be received from the public and for the City to respond to such comments.

  On March 16, 2010 the City of Two Rivers Plan Commission recommended to the City Council adoption of the Comprehensive Plan by resolution, which vote is recorded in the official minutes of the Plan Commission.

  The City Council held a public hearing on March 22, 2010 which was preceded by a Class 1 Notice provided as described in Wisconsin Statutes Chapter 985 that was published at least 30 days before the hearing was held, and the notice included all of the following information:

 The City Council having carefully reviewed the recommendation of the City Plan Commission, having determined that all procedural requirements and notice have been satisfied, having given the matter due consideration, including consideration of the Plan elements relating to issues annd opportunities, natural, agricultural and cultural resources, population and housing, economic development, transportation, utilities and community facilities, intergovernmental cooperation, land use and implementation, and having determined that the Comprehensive Plan will serve the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the City of Two Rivers which will, in accordance with existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development.

  The City Council of the City of Two Rivers, Manitowoc County, Wisconsin, does ordain as follows:

  Several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful, or unenforcable, such decision shall only apply to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms in conflict.

Sec. 10-1-9 Reserved for Future Use

Amendment No. 1 to the Comprehensive Plan Adding Harbor Master Plan

  In 2012, the consulting group Foth/Smith Group/ JJR prepared a Harbor Area Mast Plan to address harbor infrastructure needs and harbor area redevelopment opportunities. The Harbor Master Plan report contained recommendations related to seawall improvements, dredging, surge mitigation, land use, redevelopment opportunities, trails and riverwalk connectivity, marina and dock development, beach restoration and commercial and charter fishing facilities.

  The Harbor Master Plan recommendations were thoroughly reviewed by the City of Two Rivers Plan Commission and the City's Harbor Master Plan Committee. On December 10, 2012 the City of Two Rivers Plan Commission recommended to the City Council adoption of the Harbor Master Plan by resolution, which vote is recorded in the official minutes of the Plan Commission.

  The Two Rivers City Council held a public hearing on January 21, 2013 which was preceded by a Class 1 Notice as described in Wisconsin Statutes Chapter 985 that was published at least 30 days before the hearing was held, and the notice included all of the following information:

  The City Council of the City of Two Rivers having carefully reviewed the recommendation of the City Plan Commission, having determined that all procedural requirements and notices have been satisfied, having given the matter due consideration, and having determined that the Harbor Master Plan will serve the general purposes of guiding and accomplishing a coordinated and harmonious development of the City's Central Harbor Area which will promote the public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, did then ordain as follows:

Amendment No. 2 to the Comprehensive Plan (Smart Growth)

  On March 4, 2013 City Council approved Amendment No. 2 amending the land use map for 1816 10th Street (former Formrite site) from Industrial to Commercial and Service Business

Amendment No. 3 to the Comprehensive Plan (Smart Growth)

  On May 6, 2013 City Council approved Amendment No. 3 adopting the City of Two Rivers Bicycle and Pedestrian Plan as an element of the City's Comprehensive Plan.

Amendment No. 4 to the Comprehensive Plan (Smart Growth)

  On August 5, 2013 City Council approved Amendment No. 4 designating 1316 18th Street (former Hamilton site) as Smart Growth Area No. 1A and that funds be provided and grant funding sought for the preparation of a redevelopment plan for the former Hamilton site along with the former Eggers site (currently Smart Growth Area No. 1, to be redesignated as Smart Growth Area No. 1B) and the rest of the 55 acre central Harbor Study Area, and to encourage Fisher Scientific International, LLC, to engage with the community in planning for the future of the former Hamilton site.

Amendment No. 5 to the Comprehensive Plan (Smart Growth)

 On February 17, 2014 City Council approved Amendment No. 5 amending the land use map for a parcel identified as Lot 2 of a certified survey map of the City-owned Lakeshore Park property, from Park or Open Space Use to Commercial and Service Business Use.

 Said parcel is further identified as Lot 2 of a certified survey map dated January 29, 2014 and recorded in Volume 31, Page 73, located in Government Lot 7 (recorded as the SE 1/4 of the S/W 1/4) of Section 1, T.19N., R.24E., City of Two Rivers, Manitowoc County, Wisconsin, including a resurvey of Tract 2 of a certified survey recorded in Volume 15, Page 391, also being a resurvey of part of Blocks 101 and 102 of the original plat of the City of Two Rivers and vacated Monroe Street and Adams Street.

Amendment No. 6 to the Comprehensive Plan (Smart Growth)

 On April 7, 2014 City Council approved Amendment No. 6 amending the land use map for the property at 2006 - 14th Street from Commercial and Service Business to Existing Urban Development.

Amendment No. 7 to the Comprehensive Plan (Smart Growth)

 On October 6, 2014 City Council approved Amendment No. 7 amending the land use map for a 60-acre City-owned property located on Woodland Drive from Industrial to Low Density / Single Family Residential Use.

Article B - General Provisions

Sec. 10-1-10 General Provisions Except as Otherwise Provided

(a) USE AND HEIGHT. The use and height of buildings hereafter erected, converted, and enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.

(b) YARDS; OPEN SPACES, POPULATION DENSITY. No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.

(c) UNCLASSIFIED OR UNSPECIFIED USES. Unclassified or unspecified uses similar in character to the permitted uses listed in a Zoning District shall be referred to the Zoning Administrator for an interpretation and a determination whether such uses shall be permitted. The Zoning Administrator may consult with the Plan Commission in the process of making such determination. Such interpretation and determination by the Zoning Administrator shall be subject to review and approval by the City Council.

(d) Farmer's Markets may be located on any City-owned property in any zoning district within the City with approval from the City Council

Sec. 10-1-11 Lot Required; One Main Building Per Lot

  Every building hereafter erected, converted, enlarged or structurally altered shall be on a lot, and there shall be only one principal building on a lot except in certain districts. Such districts include Planned Unit Developments, Planned Development District and in Business, Industrial and Institutional Districts where the Plan Commission may approve more than one principal building on a lot.

Sec. 10-1-12 Nonconforming Uses and Structures

(a) NONCONFORMING USES. The continued lawful use of a building, premises, structure or fixture existing at the time of the adoption or amendment of this zoning ordinance may not be prohibited although the use does not conform with the provisions of this ordinance. The nonconforming use may not be extended.

(b) CHANGE TO ANOTHER NONCONFORMING USE. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

(c) DISCONTINUANCE. If a nonconforming use of a building or premises is discontinued for a period of twelve (12) months, any future use of the building or premises shall conform to the regulations for the district in which it is located.

(d) RESTORATION OF CERTAIN NONCONFORMING STRUCTURES. Restrictions that are applicable to damaged or destroyed nonconforming structures may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to subd. (3), location and use that it had immediatly before the damage or destruction occured, or impose any limits on the costs of repair, reconstruction, or improvement if the following apply:

(e) REPAIRS. The total structural repairs or alterations in any nonconforming use shall not during its life exceed fifty (50%) percent of the fair market value of the building at the time of its becoming a nonconforming use unless permanently changed to a conforming use.

(f) MODIFICATIONS TO NONCONFORMING USES AND STRUCTURES TO ACCOMMODATE HANDICAPPED PERSONS. If the Zoning Administrator determines that any portion of a building addition or remodeling or reconstruction project is required to be allowed under the Federal Fair Housing Act, the Wisconsin Open Housing Law or the Americans with Disabilities Act, that portion of the project costs that are necessary to provide equal housing opportunity for handicapped or disabled persons shall not be counted in determining whether or not the 50% limit on structural repairs or alterations would be exceeded.

Sec. 10-1-13 Conditional Use

(a) PERMITS. The Council may authorize a conditional use permit after review in a public hearing and upon the recommendation of the Plan Commission provided such conditional uses and structures are in accordance with the purpose and intent of this chapter.

(b) APPLICATION. Applications for conditional use permits shall be submitted to the Zoning Administrator on an application form provided by the City and signed by the property owner. The application shall include the following:

(c) REVIEW AND APPROVAL. The Council and Plan Commission shall review the existing and proposed structures, architectural plans, neighborhood uses, parking areas, driveway locations street access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.

(d) VIOLATION. Any authorized conditional use which does not continue in conformity with the conditions of the permit shall be a violation of this chapter.

(e) PRIOR CONDITIONAL USES ARE CONFORMING. Any use existing on September 8, 1998 which is classified in this code as a Conditional Use in its respective Zoning District shall be considered a Conforming Conditional Use. Any proposed change to such an existing use shall be subject to the procedures and provisions of Section 10-1-13 as if it was being established anew.

Sec. 10-1-14 Off-Street Parking and Loading

(a) PURPOSE. The purpose of this Section is to prevent or alleviate the congestion of the public streets and promote the safety and welfare of the public by establishing minimum requirements for off-street parking and loading in accordance with the use to which the property is put.

(b) APPLICABILITY:

(c) PERMIT APPLICATION. Applications for off-street parking lot and driveway permits shall be submitted to the Zoning Administrator. Approval shall be required of any driveway apron or curb cut in accordance with Section 4-1-12.

(d) CONSTRUCTION DRAWINGS. Construction drawings shall show the following information:

(e) PERMIT FEES. The parking lot or driveway permit fee shall be as set forth in Section 1-2-1. A minimum penalty of $100.00 shall be charged for failure to obtain the necessary permits prior to starting construction.

(f) DEFINITIONS:

(g) PARKING ON LOT. All parking spaces required herein shall be located within three hundred (300) feet of the parcel with the building or use served. One or two family residential parking must be on the same lot with the building or use served.

(h) JOINT USE OF PARKING AREAS. Up to fifty (50%) percent of the parking spaces required for theaters, public auditoriums, bowling alleys, or night clubs, and up to one hundred (100%) percent of the parking spaces required for churches or school auditoriums may be provided and used jointly by banks, savings and loans, offices, service establishments and similar uses not normally open, used or operated during the same hours as those listed above, in such event an easement to which the City shall be a third party shall be recorded with the deeds.

(i) PARKING SPACE FOR HANDICAPPED. Parking spaces designed to accommodate the handicapped shall be provided in accordance with the State Building Code.

(j) VARIANCES. Variances to this Section may be granted in cases of hardship or practical difficulties by the Zoning Board of Appeals in accordance with the provisions of this Section.

(k) DESIGN STANDARDS.

(l)REQUIRED SPACE FOR SPECIFIC USES.

(1) Residential
One or Two-Family Two (2) per dwelling unit
Multiple Family in R-4 Districts One and one-half (1.5) per dwelling unit.
Housing for the Elderly One (1) for each two (2) dwelling units. Should units revert to general occupancy, additional spaces must be provided.
Fraternity, Sorority or similar group homes Two (2) plus one (1) for every six beds.
(2) Institutional
Museums One (1) for each five hundred (500) square feet of usable floor area
Churches or Temples One (1) for each eight (8) seats (24" seats) in the main auditorium.
Hospitals One (1) for each one (1) bed.
Homes for aged, convalescent home, or similar use One (1) for each six (6) beds.
College or Senior High School One (1) for each eight (8) seats in the main auditorium, or three (3) spaces for each classroom, whichever is greater.
Elementary or Junior High School One (1) for each ten (10) seats in the in the auditorium or main assembly room, or one (1) space for each classroom, whichever is greater.
Sports arena, stadium, gymnasium, auditorium or theater (except school) One (1) for each five (5) seats or seating spaces.
Community Center, dance halls, clubs, union halls, assembly hall or similar use One (1) for each one hundred (100) square foot of usable floor area.
Golf courses open to the general public, except miniature or "par-three" type Six (6) for each golf hole, plus any requirements of any restaurant or bar
(3) Business
Shopping centers or discount department stores containing at least 25,000 gross square feet Four (4) per one thousand (1,000) square feet of usable floor area
Furniture and appliance, household equipment, repair shops showroom of tradesman, and similar uses One (1) per each one thousand (1,000) square feet of usable floor area
Supermarket, self-service food or beverage shop, retail stores except as otherwise specified, personal services One (1) per each two hundred (200) square feet of usable floor area
Restaurant, tavern, night club, or similar recreation or amusement establishment One (1) per each one hundred (100) square feet of usable floor area
Laundromats and coin operated dry cleaners One (1) for each two washing machines
Drive-in car washes, automatic Fifteen (15) standing spaces for each vehicle of capacity in the washing bay, plus one (1) space for each two employees.
Car washes, self-service Three (3) standing spaces for each washing bay.
Drive-in banks Four (4) standing spaces for each drive-in window in addition to one (1) space for each employee and one (1) for manager.
Drive-in restaurant or food product outlet One (1) for each vehicle connected with the business, one (1) for the owner or manager, one (1) for each two (2) employees on duty when fully staffed, plus spaces adequate in number, as determined by the Plan Commission to serve the public.
Filling station One (1) for each vehicle connected with the business, one (1) for each employee on duty when fully staffed, one (1) for the owner or manager, plus three (3) for each bay intended for service, repair or other use.
Bowling alley Five (5) for each alley in addition to requirements for restaurants or bars or assembly rooms.
Miniature or par-three golf courses One (1) for each golf hole.
Mortuary establishment One (1) for each fifty (50) square feet of usable floor space in public service area.
Motels, hotels, or other commercial lodging establishment One for each one (1) occupancy unit plus any requirements of restaurants auditorium, or retail services located within the building
(4) Offices
Business, professional public offices, banks, savings, and loans, or dental clinics One (1) for every three hundred (300) square feet of usable floor space
Medical Clinic or Office involving patient care One (1) for every two hundred (200) square feet of usable floor space
(5) Industrial
Manufacturing or industrial establishments, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment One (1) for every two (2) employees in the largest shift plus space to accommodate all trucks and other vehicles in connection therewith

(m) LOADING REQUIREMENTS.

Sec. 10-1-15 Lots Abutting a District Boundary Line

  Any side yard, rear yard, or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two (2) districts which abut the district boundary line.

Sec. 10-1-16 Height and Area Exceptions

 The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:

(a)PUBLIC AND QUASI-PUBLIC BUILDINGS. Churches, schools, hospitals, medical clinics, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding sixty (60) feet nor five (5) stories, provided the front, side and rear yards required in the district in which such building is to be located are each increased at least one (1) foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.

(b)EXTRAORDINARY STRUCTURES. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, parapet walls not exceeding 2 feet in height, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless television or broadcasting towers, masts or aerials, telephone, telegraph and power poles and lines, microwave radio relay structures and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the City.

(c)RESIDENCES. Residences in the Residence Districts may be increased in height by not more than ten (10) feet when all yards and other required open spaces are increased by one foot for each foot which such building exceeds the height limit of the district in which it is located.

(d)THROUGH LOTS. Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard provided that the setback requirements on both streets be complied with.

(e)NONCONFORMING LOTS. Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record on September 8, 1953, such lot may be occupied by one family.

(f) ACCESSORY BUILDINGS AND STRUCTURES.

(g) YARDS TO BE OPEN UPWARD.

(h)SWIMMING POOLS.

(i) SCREENING AND VISION CLEARANCE.

(j)SHIPPING CONTAINERS AND SIMILAR CONVEYANCES USED FOR STORAGE ONLY IN CERTAIN ZONING DISTRICTS

Sec. 10-1-17 Requirements for Small Wind Energy Systems and Commercial Wind Energy Systems

(a) INTENT. This section is intended to recognize the expanding use of wind energy systems and the benefits accrued therefrom and the necessity of providing adequate regulations concerning their design, placement and use for the purpose of protecting the health, safety, morals, comfort, prosperity and welfare of the City. This section establishes minimum requirements for small wind energy systems and commercial wind energy systems as defined herein.

(b) DEFINITIONS.

(c) APPLICABILITY. The requirements of this section shall apply to all small wind energy systems and commercial wind systems proposed after June 1, 2009.

(d)SMALL WIND ENERGY SYSTEM REQUIREMENTS.

(e) COMMERCIAL WIND ENERGY SYSTEM REQUIREMENTS.

(f) NON USE. Any small wind energy system or commercial wind energy system which complies with the terms of this chapter which is not used for two years, excluding repairs, shall be removed within the following six months. Failure to remove the system shall be deemed a violation of this section.

Sec. 10-1-18 Wireless Telecommunications Towers and Antennas

  Wireless telecommunications towers and antennas may be installed, erected and maintained pursuant to the provisions of this section. Telecommunication towers and antennas shall not be regulated or permitted as essential services, public utilities or private utilities.

(a) PURPOSE. The purpose of this section is to balance the federal interest concerning the construction, modification and placement of telecommunications towers and antennas for use in providing personal wireless services, and the legitimate interests of the City of Two Rivers in regulating such uses. The goals of this section are to protect residential areas and land uses from potential adverse impacts of towers and antennas; minimize the total number of towers throughout the community; encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; consider the public health and safety of communication towers, and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City of Two Rivers shall give due consideration to the Comprehensive Plan, Zoning Map, and existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. This section is not intended to regulate towers or antennas operated by federally licensed broadcast stations.

(b) DEFINITIONS. As used in this ordinance, the following terms shall have the meanings set forth herein:

(c) APPLICABILITY.

(d) PERMIT REQUIRED. No tower or antenna shall be installed unless a permit is first obtained from the Building Inspector. The application for such permit shall be made by the proposed tower owner and the property owner of the subject site, or their agents. The following shall be required as part of the application submittal:

(e) GENERAL REQUIREMENTS. In addition to compliance with all applicable regulations of this ordinance, the following standards shall apply for the installation of any tower or antenna:

(f)Permitted Uses. Towers or antennas listed below may be allowed as permitted uses in accord with the requirements described below, subject to the requirements of other provisions of this ordinance and other sections of this Code. Towers or antennas allowable as a permitted use may be constructed after receiving a building permit from the Building Inspector in accord with the procedures described in Section 10-1-18(d) including the application submittal requirements listed therein.

(g) Conditional Uses. The installation of towers and antennas, including the placement of appurtenant equipment or buildings, may be allowed by a conditional use permit in all business zoning districts. An application for a conditional use permit shall be subject to the procedures and requirements of Section 10-1-13. In addition, a conditional use permit proposal shall include plans, specifications and other pertinent information and materials to demonstrate compliance with this ordinance.

(h) Removal of Abandoned Antennas and Towers. An antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower and/or the property owner shall remove the same within 90 days of receipt of notice from the City notifying the owner(s) of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the City to remove the tower or antenna at the tower owner's and/or property owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(i) Nonconforming Uses.

Sec. 10-1-19 Wireless Telecommunications Towers and Antennas As a Conditional Use

(a)Separation Between Towers Proposed As a Conditional Use. Separation distances between towers shall be applicable for a proposed tower and any preexisting towers where the proposed tower would be a conditional use. A separation distance is not required if a proposed tower is a permitted use. The separation distance shall be measured by a straight line between the base of an existing tower and the base of a proposed tower.

New Tower Type If a Conditional Use Existing Tower Type
  Lattice Guyed Monopole 75 Ft in Height or Greater Monopole Less Than 75 Ft in Height
Lattice 2,500 Ft 2,500 Ft 1,500 Ft 750 Ft
Guyed 2,500 Ft 2,500 Ft 1,500 Ft 750 Ft
Monopole 75 Ft in Height or Greater 1,500 Ft 1,500 Ft 1,500 Ft 750 Ft
Monopole Less Than 75 Ft in Height 750 Ft 750 Ft 750 Ft 750 Ft

(b) Tower Height. The following criteria shall apply in determining the maximum height of a tower:

(c) Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to the City to determine that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

Article C - Zoning Districts

Sec. 10-1-20 Conservancy District

(a) CONSERVANCY I DISTRICT C-1.

(b) CONSERVANCY II DISTRICT C-2.

Sec. 10-1-21 Single Family Residence District R-1

(a) USE. In the Single Family Residence District, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b) HEIGHT. Principal buildings hereafter erected or structurally altered shall exceed neither thirty-five (35) feet in height.

(c)SIDE YARDS. There shall be a side yard on each side of a building. The sum of the widths of the required side yards shall be as follows:

(d) SETBACK. Unless otherwise provided, there shall be a setback line of not less than thirty (30) feet, provided that:

(e) REAR YARD. There shall be provided a rear yard having a depth of twenty-five (25) feet for interior lots and fifteen (15) feet for corner lots except that when the dwelling structure is so oriented as to face the long frontage of a corner lot the rear yard may be reduced to seven (7) feet provided that there is no rear door in the dwelling and further provided that an interior side yard not less than fifteen (15) feet in width is provided and made accessible by means of a side door leading thereto.

(f) VISION CLEARANCE. Vision clearance shall be provided on corner lots and at all driveways in accordance with Section 10-1-16 of this Chapter.

(g)LOT AREA PER FAMILY.

(h) OFF STREET parking and loading facilities shall be provided in accordance with Section 10-1-14 of this Chapter.

(i)DWELLING DESIGN AND CONSTRUCTION: Dwellings as defined and permitted by this Code shall conform to the following:

Sec. 10-1-22 Single and Double Family Residence District R-2

(a) USE. In the Single and Double Family Residence District, R-2, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b) HEIGHT. Principal buildings hereafter erected or structurally altered shall exceed neither thirty-five (35) feet in height.

(c)SIDE YARDS. There shall be a side yard on each side of a building. The sum of the widths of the required side yards shall be as follows:

Lot Width (Feet) Total Side Yard Width Minimum Side Yard Width
Less than 67 15', or 25%, whichever is least 6'
67-75 16', or 25%, whichever is least 6'
More than 75 25% of lot width 6'

(d) SETBACK. Unless otherwise provided, there shall be a setback line of not less than twenty-five (25) feet, or the existing average setback, provided that:

(e) REAR YARD. There shall be provided a rear yard having a depth of twenty-five (25) feet for interior lots and fifteen (15) feet for corner lots except that when the dwelling structure is so oriented as to face the long frontage of a corner lot the rear yard may be reduced to seven (7) feet provided that there is no rear door in the dwelling and further provided that an interior side yard not less than fifteen (15) feet in width is provided and made accessible by means of a side door leading thereto.

(f) VISION CLEARANCE. Vision clearance shall be provided on corner lots and at all driveways in accordance with Section 10-1-16 of this Chapter.

(g)LOT AREA.

(h) OFF STREET parking and loading facilities shall be provided in accordance with Section 10-1-14 of this Chapter.

(i) SINGLE AND TWO FAMILY DWELLINGS to be constructed or assembled in the R-2 District shall comply with the provisions of Section 10-1-21(I) of this Code.

Sec. 10-1-23 Single and Double Family Residence District R-3

(a)USE. In the Single and Double Family Residence District, R-3, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b) HEIGHT. Principal buildings hereafter erected or structurally altered shall not exceed thirty-five (35) feet in height.

(c) SIDE YARDS. There shall be a side yard on each side of a building. The sum of the widths of the required side yards shall be as follows:

(d) SETBACK. Unless otherwise provided, there shall be a setback line of not less than twenty-five (25) feet, or the existing average setback, provided that:

(e) REAR YARD. There shall be provided a rear yard having a depth of twenty-five (25) feet for interior lots and fifteen (15) feet for corner lots except that when the dwelling structure is so oriented as to face the long frontage of a corner lot the rear yard may be reduced to seven (7) feet provided that there is no rear door in the dwelling and further provided that an interior side yard not less than fifteen (15) feet in width is provided and made accessible by means of a side door leading thereto.

(f) VISION CLEARANCE. Vision clearance shall be provided on corner lots and at all driveways in accordance with Section 10-1-16 of this Chapter.

(g) LOT AREA PER FAMILY.

(h) OFF STREET parking and loading facilities shall be provided in accordance with Section 10-1-14 of this Chapter.

(i) SINGLE AND TWO FAMILY DWELLINGS constructed or assembled in the R-3 District shall comply with the provisions of Section 10-1-21(I) of this Code.

Sec. 10-1-24 Multiple Family Residence District R-4

(a) USE. In the Multiple Family Residence District, R-4, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b) HEIGHT. Buildings hereafter erected or structurally altered after April 9, 1971, shall not exceed seventy-five (75) feet in height.

(c) SIDE YARDS. There shall be a side yard on each side of a building. The total side yard shall be thirty (30%) percent of the lot width for a one-story building with a minimum side yard requirement of fifty (50%) percent of the total side yard. For any building over two (2) stories there will be an increase in each side yard of five (5) feet per story.

(d) SETBACK. Unless otherwise provided, there shall be a setback line of not less than twenty-five (25) feet plus five (5) feet for each additional story over two (2) stories.

(e) REAR YARD. There shall be a rear yard having a minimum depth of twenty-five (25) feet for each building plus an additional five (5) feet for each additional story.

(f) VISION CLEARANCE. Vision clearance shall be provided on corner lots and at all driveways in accordance with Section 10-1-16 of this Chapter.

(g) LOT AREA PER FAMILY.

(h) OTHER REQUIREMENTS.

(i) OFF STREET PARKING and loading facilities shall be provided in accordance with Section 10-1-14 of this Chapter.

(j) SINGLE AND TWO FAMILY DWELLINGS constructed or assembled in the R- 4 District shall comply with the provisions of Section 10-1-21(I) of this Code.

Sec. 10-1-25 B-1 Business District

(a) PURPOSE. The purpose of the B-1 Business District is to promote and protect development in the downtown area and in existing business developments. The district is also intended to recognize existing Residential uses as conforming uses and promote their continued operation.

(b) USE. In the Business District, no building or premises shall be used and no building shall hereinafter be erected or structurally altered unless otherwise provided in this Chapter, except for one or more of the following uses:

(c) YARD AREA AND HEIGHT. In the Business District, the height of buildings and the minimum dimensions of yards shall be as follows:

Sec. 10-1-26 B-2 Business District

(a) PURPOSE. The purpose of the B-2 Business District is to promote and protect development in new business areas and existing outlying business areas of the city. The district is also intended to control most new business development that will occur in the city. The district will be used to re-zone land for business use that is currently not zoned for that use.

(b) USE. In the B-2 Business District, no building or premises shall be used and no building shall hereinafter be erected or structurally altered unless otherwise provided in this Chapter, except for one or more of the following uses:

(c) YARD AREA AND HEIGHT. In the B-2 Business District, the height of buildings and the minimum dimensions of yards shall be as follows:

Sec. 10-1-27 B-3 Business District

(a) PURPOSE. The purpose of the B-3 Business District is to promote and protect development in new business areas and existing business areas along Memorial Drive. The district is also intended to control most new business development that will occur along Memorial Drive. The district will be used to rezone land for business use that is currently not zoned for that use.

(b) USE. In the B-3 Business District no building or premises shall be used and no building shall hereinafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(c) YARD AREA AND HEIGHT. In the B-3 Business District, height of buildings and the minimum dimensions of yards shall be as follows:

Sec. 10-1-28 Waterfront Business District

(a) USE. In the Waterfront Business District no building or premises shall be used and no building shall herein after be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b)DIMENSIONAL REQUIREMENTS FOR LOTS PLATTED PRIOR TO JULY 21, 2008:

(c)DIMENSIONAL REQUIREMENTS FOR LOTS PLATTED AFTER JULY 21, 2008:

(d) VISION CLEARANCE. Vision clearance shall be provided in accordance with Section 10-1-16 of this Code.

(e) SIGNS. Signs complying with Title 10, Chapter 3 will be permitted.

(f) OFF-STREET PARKING AND LOADING. Facilities for off-street loading and parking shall be provided in accordance with Section 10-1-14.

(g) SITE PLAN AND ARCHITECTURAL APPROVAL REQUIRED. No building, structure or improvement shall be constructed or placed on any lot, nor shall any building structure of improvement be remodeled or altered until Site and Architectural Plans for such improvements have been approved by the Plan Commission in accord with the requirements of Section 11-1-10 related to such site and architectural approvals.

(h) STORMWATER MANAGEMENT REQUIREMENTS. See the City's 1Stormwater Management Ordinance(s).

Sec. 10-1-29 I-1 Industrial District

(a) USE. In the I-1 Industrial District, no building or premises shall be used and no building shall hereinafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b) OPEN STORAGE. Open storage permitted if it is out of public view or contained within an opaque fence or wall eight (8) feet high, or a visual screen consisting of evergreen, or evergreen-type hedges or shrubs, spaced at intervals of not more than six (6) feet, which grow uniformly to a height of eight (8) feet or more after one full growing season and which will eventually grow to a height of not less than sixteen (16) feet. They shall be located and maintained in good condition within fifteen (15) feet of the property line.

(c) MINIMUM AREA DIMENSIONS.

(d) HEIGHT. Buildings hereafter erected or structurally altered shall exceed neither seventy-five (75) feet nor six (6) stories in height.

(e) OFF-STREET PARKING AND LOADING. In the district, off-street parking and loading facilities shall be provided in accordance with Section 10-1-14 of this Chapter.

(f) VISION CLEARANCE. Vision clearance shall be provided at all street intersections and at all alley and driveway intersections in accordance with Section 10-1-16.

Sec. 10-1-30 I-2 Industrial District

(a) USE. In the I-2 Industrial District, no building or premises shall be used and no building shall hereinafter be erected or structurally altered unless otherwise provided in this chapter, except for one or more of the following uses:

(b) OPEN STORAGE. Open storage permitted if it is out of public view or contained within an opaque fence or wall eight (8) feet high, or a visual screen consisting of evergreen, or evergreen-type hedges or shrubs, spaced at intervals of not more than six (6) feet, which grow uniformly to a height of eight (8) feet or more after one full growing season and which will eventually grow to a height of not less than sixteen (16) feet. They shall be located and maintained in good condition within fifteen (15) feet of the property line.

(c) MINIMUM YARD DIMENSIONS.

(d) HEIGHT. Buildings hereafter erected or structurally altered shall exceed neither seventy-five (75) feet nor six (6) stories in height.

(e) OFF-STREET PARKING AND LOADING. Facilities for off-street parking and loading shall be provided in accordance with Section 10-1-14 of this Chapter.

(f) VISION CLEARANCE. Vision clearance shall be provided at all street intersections and at all alley and driveway intersections in accordance with Section 10-1-16.

Sec. 10-1-31 Recreational Vehicle Courts

(a) DEFINITIONS.

(b) AREA OF APPLICABILITY.

(c) RECREATIONAL VEHICLE COURT PLAN. For recreational vehicle courts at such locations as may be approved by the City Council upon review by the Plan Commission according to the minimum standards as hereinafter specified.

(d) RECREATIONAL VEHICLE COURT CONDITIONAL USE PERMIT.

(e) USE FOR DWELLING PURPOSE AND OCCUPANCY PERIOD. No person shall place a mobile home or shall place a recreational vehicle within the City for dwelling purposes, either temporary or permanent, on any land located outside a Recreational Vehicle Court. Occupancy within an authorized Recreational Vehicle Court is permitted from April 1st to November 30th. Such occupancy period in Recreational Vehicle Courts may be extended by special permit as approved by the City Manager.

(f) USE FOR NONRESIDENT PURPOSES. No person shall hereafter place or use a mobile home or a recreational vehicle for the conduct of any business, profession, occupation, or trade as a selling or advertising device on any land within the City except for the following:

(g) NONCONFORMING USES. A mobile home located within the City and occupied as a permanent residence at the time of the passage of this Section shall hereafter be deemed a nonconforming use and may continue as such but shall be treated in the same manner and under the same rules as any other nonconforming use.

(h) STORAGE.

(i) PARKING ON STREETS. Emergency or temporary parking of a mobile home or recreational vehicle on the City streets is permitted for not longer than twenty-four (24) hours provided such mobile home and recreational vehicle shall be subject to all other traffic and parking regulations of the City.

(j) REPAIR. Mobile homes and recreational vehicles when unoccupied may be left a reasonable time for repairs at any place where such repairs are ordinarily made.

(k) SALES LOTS. Unoccupied mobile homes and recreational vehicles may be stored for the purpose of inspection and sale upon any manufactured home, mobile home, manufactured dwelling or recreational vehicle sales lot.

Sec. 10-1-32 Office/Service Business District

(a) INTENT. The Office/Service Business District (OSB) is intended to provide for office and service business uses consistent with the City's Comprehensive Plan. This type of district is intended to be located in areas served by high traffic arterials and should include amenities such as ample off-street parking areas, landscape screening from adjacent non-business uses and high-quality architectural appearance. It is intended that the office uses predominate in this district and that service businesses be allowed only as conditional uses and must be compatible with office uses and not exhibit noxious or unattractive characteristics. This district has been established to encourage and promote office uses in an environment that is of the high quality and character to result in attractive building groupings at appropriate locations along major roadways.

(b) PERMITTED PRINCIPAL USES.

(c) PERMITED ACCESSPRY USES

(d) CONDITIONAL USES.

(e) PROHIBITED USES. The following uses shall be prohibited.

(f)The

(g) PARKING REQUIREMENTS. The requirements of Section 10-1-14(c) of the Municipal Code shall apply to this District.

(h) SITE PLAN REQUIREMENTS. The requirements of Section 11-1-10(c) of the Municipal Code shall apply to this District.

Sec. 10-1-33 Institutional/Public Facilities District

(a) INTENT. The Institutional/Public Facilities District (IPF) is intended to regulate areas where public, quasi-public or institutional uses are located. Because uses in the IPF District are diverse and include a wide range of activities, their operational characteristics may require special regulations and site improvements to enhance their compatibility with nearby areas.

  Such uses may include areas where existing or proposed government or public service activities are conducted, including schools, religious and other non-profit activities. The IPF District may also include privately owned and for-profit institutional uses which are quasi-public in nature.

(b) PERMITTED PRINCIPAL USES.

(c) CONDITIONAL USES. The following may be permitted only after the approval of a Conditional Use Permit by the Council in accord with the provisions of Section 10-1-13.

(d) PERMITTED ACCESSORY USES.

(e) PROHIBITED USES.

(f) DIMENSIONAL REQUIREMENTS FOR LOTS PLATTED AFTER AUGUST 6, 2001.

(g) DIMENSIONAL REQUIREMENTS FOR LOTS PLATTED PRIOR TO AUGUST 6, 2001.

(h) REDEVELOPMENT SITES. Dimensional requirements for existing lots where redevelopment with new buildings and structures is proposed shall meet the minimum dimensional requirements listed above in Section (f).

(i) NUMBER OF STRUCTURES ON A LOT. More than one principal structure may be permitted on a lot with Plan Commission approval.

(j) PARKING REQUIREMENTS. The requirements of Section 10-1-14 of the Municipal Code shall apply to this District.

(k) SITE PLAN REQUIREMENTS. The requirement of Section 11-1-10(c) of the Municipal Code shall apply to this District.

Sec. 10-1-34 I-3 Business Park District (BPD)

(a) PURPOSE. The Business Park District (BPD) is intended to provide for the development of compatible manufacturing, warehouse, service business and office uses. The physical and operational characteristics of uses in this District are based on performance standards which would not be detrimental to the public health, safety or welfare or detrimental to the surrounding area as a result of noise, vibration, external lighting, odor, particulate emissions, other visible emissions, hazardous, pollutants, traffic, physical appearance, or other similar factors. All uses in this District must comply with applicable local, state and federal codes and standards. Uses in the District are also intended to provide ample off-street parking and loading areas, and landscaped planting screens in those areas adjacent to or abutting residential areas or other non-commercial uses, to prevent adverse effects upon the adjoining areas.

(b) PERMITTED USES.

(c) PERMITTED ACCESSORY USES.

(d) CONDITIONAL USES. The following uses may be permitted in accordance with the provisions of Section 10-1-13:

(e) PROHIBITED USES. In addition to other uses not expressly permitted in this district, the following uses are specifically prohibited, and are listed by way of example but not limitation:

(f) PERFORMANCE STANDARDS. Uses in the Business Park District shall comply with the provisions and Performance Standards set forth in Section 10-1-35

(g) NUMBER OF BUILDINGS PER LOT. Each lot shall contain a maximum of one (1) principal building. There shall be no limit on the number of accessory buildings provided the lot coverage/open space requirement described in Section I are complied with.

(h) LOT COVERAGE AND OPEN SPACE. To achieve an attractive appearance and to provide green areas for stormwater management and sedimentation control, lot coverage by buildings, accessory structures, and surface parking and driveway shall occupy a maximum of seventy-five (75%) of the lot area. Landscaped open space not covered by buildings, accessory structures, and surface parking and driveways shall occupy a minimum of twenty-five (25%) of the lot area. The open space may include stormwater retention/detention areas.

(i) SETBACK AND YARDS.

(j) BUILDING HEIGHT. No building or parts of a building shall exceed forty-five (45) feet in height. Accessory buildings or structures shall not exceed twenty (20) feet in height.

(k) PARKING, DRIVEWAYS, LOADING AND STORAGE AREAS. Parking facilities, driveways, loading and storage areas shall be paved with either asphaltic concrete or Portland cement concrete prior to the occupancy of the building. Peripheral edge landscaping shall be installed around the edges of parking areas visible from public street or residential areas.

(l) LOADING AREAS AND DOCKS, GARBAGE AND TRASH AREAS. Loading areas or docks shall be located in side or rear yards. Outdoor garbage and trash areas shall be enclosed with a fence or wall of solid decorative materials compatible with the principal building.

(m) SIGNS. Signs in the I-3 Business Park District shall be erected and maintained in conformity with the following:

(n) EXTERIOR LIGHTING. Exterior lighting shall meet the following criteria:

(o) SITE PLAN AND ARCHITECTURAL APPROVAL REQUIRED. No building, structure or improvement shall be constructed or placed on any lot, nor shall any building structure or improvements be remodeled or altered until site and architectural plans for such improvements have been approved by the Plan Commission in accord with the requirements of Section 11-1-20 relating to such site and architectural approvals.

(p) COMPLIANCE WITH BUSINESS PARK COVENANTS. The uses in the I-3 Business Park District are required to comply with other additional requirements contained in covenants applicable to the Business Park.

Sec. 10-1-35 Performance Standards for the Business Park (BPD)

(a) INTENT AND COMPLIANCE. It is the intent of this Ordinance to describe performance standards for the regulation of industrial and commercial uses in the I-3 Business Park District to establish an objective and equitable basis for control and to insure that the community is adequately protected from potential hazardous and nuisance-like effects. These performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or outside the Business Park zoning district. In addition, these performance standards are intended to comply with other applicable, local, state and federal codes and standards. All uses, structures, land, air and water in the I-3 Business Park District shall hereafter comply with the following performance standards.

(b) CONTROL OF HAZARDOUS AIR POLLUTANTS AND EMISSIONS. Operation or activities which emit into the ambient air from any direct or portable source any matter that will affect air quality shall perform in accord with the limitations and procedures established in CH. NR400 through NR449, Wis. Adm. Code or other applicable laws or regulations. Hazardous pollutants are specifically controlled in accord with NR445.

(c) CONTROL OF PARTICULATE EMISSIONS AND DUST.

(d) CONTROL OF ODORS. No operation of activities shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Ch. NR429, Wis. Adm. Code or other applicable laws or regulations.

(e) CONTROL OF FIRE AND EXPLOSIVE HAZARDS.

(f) GLARE, HEAT AND EXTERNAL LIGHTING.

(g) WATER QUALITY STANDARDS.

(h) NOISE. No operations or activity shall transmit any noise beyond the boundaries of the I-3 Business Park District so that it becomes a nuisance.

(i) VIBRATION.

Sec. 10-1-36 Performance Standards for Conservation Subdivisions

(a) PURPOSE. These Performance Standards are established for the following purposes:

(b) DEFINITION OF CONSERVATION SUBDIVISION. A Conservation Subdivision is a housing development characterized by extensive open space where natural features of the land are maintained in their natural state to the extent practical. Residential dwellings in such subdivision are located on portions of the site with lower quality natural features and should be adjacent to or overlook open space.

(c) PLATTING METHODS AND APPLICABILITY OF OTHER RECORDS. Conservation Subdivisions may be created by platting methods including Certified Survey Maps, subdivision plats, or condominium plats. All of the City's Land Development regulations applying to each of the platting methods shall be applicable to a Conservation Subdivision, except as noted in this Section.

(d) DENSITY AND LOT SIZE STANDARDS. The density and lot size standards of a Conservation Subdivision shall be as required in the underlying Zoning District.

(e) SETBACK AND YARDS. The minimum setback and yards requirements in the underlying zoning district may be modified in a Conservation Subdivision to provide flexibility in the siting of homes relative to the attributes of the individual lots or site in the development.

(f) COMMON OPEN SPACE. A Conservation Subdivision shall provide common open space as follows:

(g) REQUIRED IMPROVEMENTS AND DESIGN STANDARDS. Required improvements and design standards related to Conservation Subdivisions may be reduced to create a lower impact on the natural environment and provide a greater degree of environmental protection. Infrastructure requirements and modifications shall be reviewed on an individual development basis to determine the appropriate infrastructure based on each site's unique attributes. Modifications to infrastructure design standards may include, but are not limited to, the following:

(h) FINANCIAL GUARANTEES AND IMPACT FEES. Financial guarantees including those required as part of a conventional subdivision development agreement, and impact fees, shall be applied to a Conservation Subdivision.

Sec. 10-1-37 Reserved for Future Use

Sec. 10-1-38 Reserved for Future Use

Sec. 10-1-39 Reserved for Future Use

Article D - Planned Unit Developments

Sec. 10-1-40 Planned Unit Developments; Purpose

  This Article of the Zoning Ordinance of the City of Two Rivers is hereby adopted to facilitate the construction of Planned Unit Developments. The Planned Unit Development District and uses created herein are intended to provide opportunity for the construction of quality developments by providing flexible guidelines where strict adherence to zoning codes preclude the use of innovative but sound development principals.

Sec. 10-1-41 Planned Unit Developments; Area of Applicability

  A Planned Unit Development shall be a separate Residential District that is identifiable as a distinct neighborhood and may contain one, two or multi-family dwelling. A Day Care facility may be a Conditional Use in accordance with Section 10-1-13 of this Chapter.

Sec. 10-1-42 Planned Unit Developments; Development Controls

(a)YARDS.

(b) INTERIOR SIDE YARD. An interior side yard shall be provided for those parcels in a Planned Unit Development District which border upon other districts; such side yard shall abut the adjacent district and shall be not less than eight (8) feet in width except that for accessory buildings not exceeding 500 square feet in area the minimum width of such interior side yard shall be three (3) feet.

(c)EXTERIOR STORAGE.

(d) REFUSE. In all areas, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Trash and garbage receptacles must be screened from view from off-the-site and are prohibited in front yards and the setback area of rear and side yards.

(e) LANDSCAPING. Landscaping shall be provided and maintained for all yard areas except those utilized for driveways and off-street parking and shall consist of grass, shrubs and trees suitable for the climatic and soil conditions of the site area.

(f) OFF-STREET PARKING. Off-street parking and loading facilities shall be provided with a Site Plan recommended by the Plan Commission and approved by the City Council. Such facilities may vary from the requirements in Section 10-1-14 of the Municipal Code.

(g) SCREENING. Screening shall be required where any off-street parking area contains more than four (4) parking spaces. Such screening shall conform to the spirit of Section 10-1-14.

(h) TRAFFIC CONTROL. The traffic generated by an use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure a safe and orderly flow.

(i) SCREENING OF ROOF-MOUNTED EQUIPMENT.

Sec. 10-1-43 Planned Unit Developments; Review of Applications

(a) REVIEW SCOPE. An application to construct a Planned Unit Development must be reviewed in a manner which is consistent with the procedures set forth in this Section and those procedures required by State Statute.

(b) CONSTITUTION OF REVIEW AUTHORITY. Planned unit development applications shall be subject to review by the City Council based on Plan Commission recommendations and a public hearing.

(c) PRE-APPLICATION CONFERENCE.

(d) DEVELOPMENT PROPOSAL.

(e) Approval of the development proposal shall be granted by the City Council upon the recommendation of the Plan Commission and following a public hearing where the Development Proposal:

Sec. 10-1-44 Planned Unit Developments; Final Development Plan

(a) The Final Development Plan shall be submitted to the Zoning Administrator. It shall include all of the previously specified data and in addition, any changes approved by the City Council.

(b) In lieu of completing all of the elements in the development proposal, the City Manager may accept a bond in an amount equal to the estimate costs for completing the project.

Sec. 10-1-45 Planned Unit Development; Subsequent Change or an Addition to an Approved Plan

(a) Any subsequent change or addition to an approved plan shall first be submitted for recommendation to the Plan Commission. The Plan Commission shall make its recommendation to the City Council. If, in the City Council's opinion, the change or addition is substantial, keeping in mind how substantial is defined below, the City Council shall call for a public hearing on such proposed change or addition. Without limitation to the City Council's right to determine any other substantial change, a change may be construed to be substantial if it results in any of the following:

Sec. 10-1-46 Planned Development District (PDD)

(a) INTENT. Planned Development District regulations are intended to permit greater flexibility and, consequently, more creative and imaginative design for the development of a site than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of land while providing a harmonious variety of housing choices, adequate buffering between adjacent uses, and preservation of the natural qualities of open spaces.

  The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the City with assurances that the project will retain the character envisioned at the time of approval.

(b) GENERAL PROVISIONS. The Plan Commission may recommend and the City Council may, upon the request of the owners, establish Planned Development Districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling types and mixed compatible uses. Adequate buffering and preservation of open spaces shall also be provided in a PDD.

(c) PERMITTED USES. Permitted and accessory uses in a Planned Development District shall be the same as those permitted in the underlying existing zoning district in which the PDD is located. If a developer desires uses different than those permitted by the existing zoning, the developer must simultaneously petition for re-zoning of the underlying existing zoning to a zoning district which allows the desired use(s).

(d) MIXED USES. A mix of different uses within a Planned Development District may be permitted if the Plan Commission and the City Council determine that the mix of uses is compatible and necessary to achieve the objectives of the PDD.

(e) NUMBER OF BUILDINGS ON A LOT. The Planned Development District may allow more than one building on a lot.

(f) DENSITY. The Planned Development District may permit the transfer of density (dwelling units) from one portion of the subject site to another and will permit the clustering of dwelling units in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district.

(g) MINIMUM AREA FOR A PLANNED DEVELOPMENT DISTRICT. Planned Development Districts are intended to provide flexibility to encourage more creative design for all sizes of sites that would be allowed under conventional zoning. To achieve this goal, there is no minimum area for a PDD.

(h) APPLICATION OF THE SUBDIVISION AND PLATTING CODE. To the extent applicable, any Planned Development District shall be subject to the procedures and regulations of the Subdivision and Platting code. However, the design standards and required improvements established in the Subdivision and Platting Code may be modified or waived upon recommendation by the Plan Commission and approval by the City Council where strict compliance would not result in achievement of the design flexibility necessary to accomplish the objectives of the Planned Development

(i) PRELIMINARY CONSULTATION. An applicant may meet with the Plan Commission and appropriate City staff members for a preliminary consultation prior to formally submitting a re-zoning petition for Planned Development zoning. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal. The preliminary consultation shall not constitute approval of any Planned Development petition.

(j) RE-ZONING PETITION AND GENERAL DEVELOPMENT PLAN. The applicant shall submit a re-zoning petition in accordance with the application procedure described in Section 10-1-62 of this ordinance. In addition to the required information noted in Section 10-1-62, a General Development Plan shall be submitted to the Plan Commission for their review prior to any re-zoning hearing. The General Development Plan shall show the locations of buildings, common open space, parking and drive areas, principal landscaping features, buffer yards, and other major components of the proposed project. Density calculations and lot coverage percentages shall be noted on the General Development Plan.

(k) OTHER INFORMATION. In addition, other documents or related information or plans showing the architectural concepts of buildings may be required by the Plan Commission. This information shall also be submitted to the Plan Commission for their review prior to any rezoning hearing. Other related information may include, but is not limited to, maintenance standards, plans of operations, and economic impact and market feasibility.

(l) PUBLIC INSPECTION. The General Development Plan and related information shall be available for public inspection prior to any re-zoning hearing on the proposed project.

Sec. 10-1-47 Conditions and Restrictions; Non-Applicability to Pre-Existing Planned Unit Developments

(a) The Plan Commission may recommend, and the City Council may adopt by ordinance, conditions and restrictions for Planned Developments that specify permitted uses, density standards for lot coverage, and dwelling unit size, and yard setbacks.

(b) Conditions and restrictions adopted to govern any Planned Development may include nonstandard or nonuniform requirements, regulations, and provisions recommended by the Plan Commission and approved by the City Council. Such nonstandard requirements, regulations, and provisions shall be designed to insure proper development and appropriate operation and maintenance of specific sites.

(c) The developer(s) shall enter into a development agreement with the City to comply with all applicable laws and regulations, including any conditions and restrictions adopted to regulate a specific Planned Development, and to assure the construction of all facilities and infrastructure associated with the project. A financial guarantee satisfactory to the City Engineer may be required as part of such a development agreement.

(d) The provisions of this PDD are not applicable nor retroactive to Planned Unit Developments which existed prior to February 7, 2000. The pre-existing Planned Unit Developments shall continue to be regulated in accord with the provisions of the Planned Unit Development District and any applicable development agreements.

Sec. 10-1-48 Detailed Plans and Information

(a) After Planned Development District zoning has been granted, and the General Development Plan, together with conditions and restrictions have been approved, detailed site plans and information covering that portion of the total project which is intended for construction shall be submitted to the Plan Commission for approval prior to the issuance of building permits. The detailed plans and information shall conform substantially to the General Development Plan and to the resolution of conditions and restrictions which were approved at the time of rezoning. The detailed site plans and information shall comply with the requirements and procedures in Section 11-1-10(c). Approval of a separate development agreement may be required for each phase prior to the start of construction.

(b) Building plans complying with the requirements of Section 11-1-10(c) or other applicable requirements of the Building Inspector shall also be submitted to the Plan Commission for their review and approval prior to the issuance of a building permit.

Sec. 10-1-49 Commencement of Project: Maintenance of Project; Changes and Revisions

(a) COMMENCEMENT OF PROJECT. After the Plan Commission has approved the detailed site plans, construction of private and public facilities may commence in accord with the following:

(b)MAINTENANCE OF PROJECT

(c) CHANGES OR REVISIONS

(d) TRADITIONAL NEIGHBORHOOD DEVELOPMENT/PLANNED DEVELOPMENT DISTRICT (TND/PDD)

  This District is intended to permit developments that incorporate design standards described as a "Traditional Neighborhood Development" (TND) in Wisconsin Statutes (1999-2000) Section 66.1027(1)(c). TND developments may be considered for approval at locations determined appropriate by the City after processing such petitions in accord with procedures described in "Municipal Code Sections 10-1-46 through 10-1-49(c)(3) entitled "Planned Development District" (PDD).

  This document entitled "A Model Ordinance for Traditional Neighborhood Development" dated April 2001 published by the UW-Extension pursuant to Wisconsin Statutes Section 66.1027(2) shall service as a guidebook to describe the design standards and features of a TND/PDD project. The provisions of the Planned Development District shall be used to establish the procedures and other requirements to regulate a TND/PDD project.

Article F - Administration; Enforcement

Sec. 10-1-50 Drive-Ins; Intent and Purpose

  The purpose of this Article is to establish minimum standards and requirements governing location, operation, maintenance and regulation of drive-in businesses such as those that offer goods or services directly to customer waiting in parked motor vehicles including but not necessarily limited to, deposit or receiving stations, establishments offering prepared foods and/or other products, motor vehicle fuel dispensing stations.

Sec. 10-1-51 Drive-Ins; Administration

(a) NEW DRIVE-IN BUSINESS ESTABLISHMENT

(b) ABANDONED, VACANT, OR INOPERATIVE DRIVE-IN BUSINESS ESTABLISHMENT. Where the applicant for approval to construct a new establishment, or the person whose products it is intended that the establishment will dispense, owns, formerly owned, (within the past 36 months), or controls any abandoned, vacant or inoperative establishment or establishments within the City, the application for the new drive-in business establishment shall be accompanied by an additional and complete plan for the future of the abandoned, vacant or inoperative drive-in business establishment. Such plan shall be approved by the City Council before or as part of the approval of application for the new establishment, and the City Council shall establish a reasonable time limit within which such plan must be carried out. For the purpose of this paragraph, any drive-in business establishment which has been abandoned, vacant or inoperative for any seven (7) consecutive days in the sixty (60) day period prior to the application for the new establishment, or which has been used for other than a drive-in business establishment for any seven (7) consecutive days, excluding Saturdays, Sundays, and holidays, in said sixty (60) day period, shall be considered to be abandoned, vacant or inoperative drive-in business establishment.

(c)EXISTING DRIVE-IN BUSINESS ESTABLISHMENT.

  may continue as a non-conforming use if all other provisions are met as described above.

Sec. 10-1-52 Drive-Ins; Standards

 All drive-in business establishments shall comply with the following minimum standards unless specifically excluded elsewhere in this section.

(a)MINIMUM LOT AREA

(b) MINIMUM LOT WIDTH

(c) OFF-STREET PARKING AND LOADING. Facilities for off-street parking and loading shall be provided in accordance with Section 10-1-14 of this chapter.

(d) DRIVEWAY OPENINGS.

(e) AESTHETIC TREATMENT

Sec. 10-1-53 Drive-Ins; General Provisions

(a) All activities necessary for or incidental to the operation of the drive-in business shall be conducted entirely within the building with the following exceptions:

(b) All materials, goods, merchandise, parts or supplies, both new and used, except those necessary for the permitted outside uses outlined in Section 10-1-53(a)(1) and (2) shall be kept, stored or displayed entirely within the building, regardless of whether such materials, goods, merchandise, parts or supplies are intended for sale, use dispensation or disposal. The following shall be permitted provided they conform with all setback and yard area requirements:

(c) Either decorative fencing, impervious to sight, not less than four (4) feet nor more than eight (8) feet in height shall be provided along the interior boundaries of the property or a densely planted compact hedge which will reach a minimum height of four (4) feet within two (2) years after planting may be provide din lieu of such fence.

(d) Any lighting or signs shall be directed away from residential properties and public streets so as not to create a nuisance. However, in no case shall such lighting exceed three (3) foot candles measured at the lot line.

Sec. 10-1-54 Drive-Ins; Definitions

(a) AESTHETIC TREATMENT. Areas provided for planting for grass, shrubs, trees, flowers, or other natural treatment.

(b) AUTOMOBILE LAUNDRY. A structure or portion thereof, containing facilities for washing motor vehicles, using mechanical devices, steam cleaners, blowers, etc.

(c) BAY. An area sufficient to accommodate one motor vehicle for the purpose of servicing, loading, repairing, assembling or laundering such motor vehicle.

(d) DRIVE-IN BUSINESS ESTABLISHMENT. A business establishment which accommodates the patrons' motor vehicles from which the occupants may purchase services or goods, watch a presentation, etc.

(e) EMERGENCY SERVICES. A service rendered to a customer that is unusual due to some type of urgent situation. This service, due to unusual circumstances, required services performed outside the building, but in no case takes more than 24 hours to complete.

(f) FILLING STATION. A motor vehicle fuel and related automotive products dispensing station either staffed with attendants or of the self-service type.

(g) FILLING AND SERVICE STATION. A station which in addition to dispensing motor vehicle fuel and related automotive products, provides servicing and repairs of motor vehicles in one or more service bays.

(h) LOT FRONTAGE. The width of that portion of a lot which fronts on a street measured horizontally between the side lot lines along the street right-of-way.

(i) LOT WIDTH. The width of that portion of a lot which fronts on a street measured horizontally between the side lot lines along the street right-of-way.

(j) LOT AREA. The area of the horizontal plane bounded by the front, side and rear lot lines.

(k) OFF-STREET PARKING. Sec Section 10-1-14(f)(2).

Sec. 10-1-55 Reserved for Future Use

Sec. 10-1-56 Reserved for Future Use

Sec. 10-1-57 Reserved for Future Use

Sec. 10-1-58 Reserved for Future Use

Sec. 10-1-59 Reserved for Future Use

Article F - Administration; Enforcement

Sec. 10-1-60 Board of Appeals

  Appeals from the decision of the Zoning Administrator relating to zoning matters may be filed in accordance with Section 2-5-2 of this Code for consideration by the Board of Appeals. Before considering such zoning matters, the Board shall fix a reasonable time for hearing the appeal and give public notice thereof by publishing in the official newspaper a notice as prescribed in Sections 62.23(7)(e)6 and 985.07(3)(b), Wisc. Stats.

Sec. 10-1-61 City Plan Commission

  The City Plan Commission shall discharge the following duties relative to this Title:

(a) Review all applications for conditional uses, planned unit developments, and amendments to this Title and report its findings and recommendations to the City Council.

(b) Receive from the Zoning Administrator his recommendations as related to the effectiveness of this Title and report its conclusions and recommendations to the City Council.

(c) To hear and decide all matters upon which it is required to pass under this title.

Sec. 10-1-62 Changes and Amendments

(a) The Council may from time to time on its own motion or on petition or request in the manner provided by applicable law or ordinance, change the district boundaries or the regulations within the zoning Code, after first submitting the proposal to the Plan Commission, and holding a public hearing upon notice as required by Section 62.23(7)(d) of the Wisconsin Statutes, as it currently provides or as it may be amended to provide in the future. In addition to the notice required by statute, written notice of the public hearing shall be given by ordinary mail at least ten (10) calendar days prior to the hearing to the owners of record of all properties situated wholly or partially within two hundred (200) feet of the boundaries of any property which is proposed to be rezoned or regarding which a conditional use permit, street/alley vacation or zoning variance is requested. Such written notice shall be mailed to the last known address of the owner as indicated in the records of the City.

Sec. 10-1-63 Enforcement

(a) The Zoning Administrator, with the aid of the Police Department, shall enforce this Title.

(b) No building shall hereafter be erected, moved or structurally altered until a building permit therefor shall have been applied for and issued.

(c) All applications for a building permit shall be accompanied by plans in duplicate drawn to scale 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 building, the lines within which the building shall be erected, altered or moved, the existing and 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 to determine and provide for the enforcement of this Title.

(d) 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.

Sec. 10-1-64 Penalty

  Any person who shall violate any provisions of this Title or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Section 1-1-7 of this Code. Sec. 62.23(8), Wis. Stats., shall also apply.

Sec. 10-1-65 Administrative Provisions Related to Facilities for the Handicapped

  The Zoning Administrator shall have the following duties and powers:

(a) Advise applicant(s) as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.

(b) Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.

(c) Determine whether or not specific ordinance requirements shall be waived and a permit should be issued in situations where the applicant(s) alleges that he or she is handicapped or disabled and is entitled to "reasonable accommodations" under the Federal Fair Housing Act, 42 U.S.C. ss 3601-3631, or the Wisconsin Open Housing Law, s. 106.04, Wisconsin Statutes and the Americans with Disabilities Act, or where the owner of a place of public accommodations alleges that certain zoning restrictions must be waived in order to make the public accommodations accessible to the disabled.

(d) In situations where the applicant(s) is requesting that certain zoning restrictions be waived in order to provide equal housing opportunities, or access to public accommodations, for handicapped or disabled persons, the applicant(s) shall provide the following information to the Zoning Administration:

(e) Issue permits that authorize "reasonable accommodations" for handicapped persons as follows:

Sec. 10-1-66 Home Occupations

  The Zoning Administrator shall have the following duties and powers:

(a) Purpose. The regulations of this Section are intended to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities may be carried on in the home. This Section recognizes that when properly limited and regulated, such activities can take place in a residential dwelling without adversely affecting the character of the neighborhood or the dwelling.

(b) Authorization. A home occupation that is accessory to the principal use of a dwelling may be permitted in a dwelling unit as described in this Section. Any question of whether a particular use is permitted as a home occupation by the provisions of this Section shall be determined by the Zoning Administrator or Plan Commission pursuant to their authority to interpret the provisions of this Section.

(c) Definition. A "home occupation" is a business, profession, occupation or trade conducted for compensation entirely inside a residential dwelling or a structure accessory thereto, which is accessory to the use of the dwelling as a residence and which does not change the residential character of the building.

(d) Types of Home Occupations:

(e) Determination of Type of Home Occupation. The Zoning Administrator shall make a determination on the type of Home Occupation based on written factual information submitted by the applicant. If necessary, the Zoning Administrator may refer the matter to the Plan Commission who shall determine the type of home occupation.

  If the applicant disagrees with the determination of the Zoning Administrator or the Plan Commission, the applicant may appeal to the Board of Appeals as set forth in Section 10-1-60 of the Municipal Code.

(f) Performance Standards. In addition to all of the standards applicable to the Zoning District in which it is located, all home occupations shall comply with the following standards:

Chapter 2: Flood Plain Zoning

 

Sec. 10-2-1 Statutory Authorization, Finding of Fact, Statement of Purpose, Title and General Provisions

1.1 STATUTORY AUTHORIZATION
This ordinance is adopted pursuant to the authorization in SS. 61.35 and 62.23, for Villages and Cities; 59.69, 59.692, and 59.694 for Counties; and the requirements in S. 87.30, Stats.

1.2 FINDING OF FACT
Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare and tax base.

1.3 STATEMENT OF PURPOSE
This ordinance is intended to regulate floodplain development to:

1.4 TITLE
This ordinance shall be known as the Floodplain Zoning Ordinance for the City of Two Rivers, Wisconsin

1.5 GENERAL PROVISIONS

Sec. 10-2-2 General Standards Applicable to all Floodplain Districts

2.1 HYDRAULIC AND HYDROLOGIC ANALYSES

2.2 WATERCOURSE ALTERATIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices and required the applicant to secure all necessary state and federal permits. The flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the zoning administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required.

2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which requires a permit from the Department, under chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, maybe allowed if the necessary permits are obtained and amendments to the floodway lines, water surface profiles, BFE's established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning ordinance are made according to s. 8.0.

2.4 PUBLIC OR PRIVATE CAMPGROUNDS
Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

Sec. 10-2-3 Floodway District (FW)

3.1 APPLICABILITY
This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 5.4

3.2 PERMITTED USES
The following open space uses are allowed in the floodway district and the floodway areas of the general; floodplain district, if

3.3 STANDARDS FOR DEVELOPMENTS IN FLOODWAY AREAS

3.4 PROHIBITED USES
All uses not listed as permitted uses in s. 3.2 are prohibited, including the following uses:

Sec. 10-2-4 Floodfringe District (FF)

4.1 APPLICABILITY
This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 5.4.

4.2 PERMITTED USES
Any structure, land use, or development is allowed in the floodfringe district if the standards in s. 4.3 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in s. 7.1 have been issued

4.3 STANDARDS FOR DEVELOPMENT IN FLOODFRINGE AREAS
S. 2.1 shall apply in addition to the following requirements according to the use requested.

Sec. 10-2-5 General Floodplain District (GFP)

5.1 APPLICABILITY
The provisions for this district shall apply to all floodplains for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available.

5.2 PERMITTED USES
Pursuant to s. 5.4, it shall be determined whether the proposed use is located within a floodway or floodfringe area.

 Those uses permitted in floodway (s. 3.2) and floodfringe areas (s.4.2) are allowed within the general floodplain district, according to the standards of s. 5.3, provided that all permits or certificates required under s. 7.1 have been issued

5.3 STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas. The rest of this ordinance applies to either district.

5.4 DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within the general floodplain district, the zoning administrator shall:

Sec. 10-2-6 Nonconforming Uses

6.1 GENERAL

6.2

6.3

Sec. 10-2-7 Administration

  Where a zoning administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance.

7.1 ZONING ADMINISTRATOR

7.2 ZONING AGENCY

7.3 BOARD OF APPEALS
The Board of Appeals, created under s. 62.23(7)(e), Stats. is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator may not be the secretary of the Board.

7.4 TO REVIEW APPEALS OF PERMIT DENIAL

7.5 FLOODPROOFING

7.6 PUBLIC INFORMATION

Sec. 10-2-8 Amendments

8.1

8.2 PROCEDURES
Ordinance amendments may be made upon petition of any interested party according to the provisions of s. 62.23, Stats., for cities and villages, or 59.69, Stats., for counties. Such petitions shall include all necessary data required by ss. 5.4 and 7.1(2).

Sec. 10-2-9 Enforcement and Penalties

  Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of note less than $5.00 (five dollars) and not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats.

Sec. 10-2-10 Definitions

 Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary.

Sec. 10-2-11 Reserved for Future Use

Sec. 10-2-12 Reserved for Future Use

Sec. 10-2-13 Reserved for Future Use

Sec. 10-2-14 Reserved for Future Use

Sec. 10-2-15 Reserved for Future Use

Sec. 10-2-16 Reserved for Future Use

Sec. 10-2-17 Reserved for Future Use

Sec. 10-2-18 Reserved for Future Use

Sec. 10-2-19 Reserved for Future Use

Sec. 10-2-20 Reserved for Future Use

Sec. 10-2-21 Reserved for Future Use

Sec. 10-2-22 Reserved for Future Use

Sec. 10-2-23 Reserved for Future Use

Sec. 10-2-24 Reserved for Future Use

Sec. 10-2-25 Reserved for Future Use

Sec. 10-2-26 Reserved for Future Use

Sec. 10-2-27 Reserved for Future Use

Sec. 10-2-28 Reserved for Future Use

Sec. 10-2-29 Reserved for Future Use

Sec. 10-2-30 Shoreland-Wetland Zoning

(a) PURPOSE. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

Sec. 10-2-31 General Provisions

(a) COMPLIANCE. The use of wetlands and the alteration of wetlands within the shoreland are of the municipality shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. (However, see Section 10-2-33 of this ordinance, for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.

(b) MUNICIPALITIES AND STATE AGENCIES REGULATED. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if section 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when section 30.12(4)(a), Wis. Stats., applies.

(c) ABROGATION AND GREATER RESTRICTIONS. This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under sections 61.35, 62.23 or 87.30, Wis. Stats., which relate to floodplain and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

(d) INTERPRETATION. In their interpretation and application, the provisions of this ordinance shall be held to the minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this ordinance is required by a standard in chapter NR 117, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.

(e) SEVERABILITY. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

Sec. 10-2-32 Shoreland-Wetland Zoning District

(a) SHORELAND-WETLAND ZONING MAPS. The following maps are hereby adopted and made part of this ordinance and are on file in the office of the Municipal Clerk:

(b) DISTRICT BOUNDARIES

(c) PERMITTED USES. The following uses are permitted subject to the provisions of chapters 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:

(d) PROHIBITED USES

Sec. 10-2-33 Non-Conforming Structures and Uses

(a) The lawful use of a building, structure or property which existed at the time of this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

(b) The Shoreland-wetland provisions of this ordinance authorized by s.62.231, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982 related to such a structure. All other modifications to nonconforming structures are subject to s.62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to 50% of current fair market value.

(c) If a nonconforming use or the use of a nonconforming structure is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this ordinance.

(d) Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this ordinance adopted under Sections 61.351 or 62.231, Wis. Stats., may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.

(e) The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of section 30.121, Wis. Stats.

(f) Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

Sec. 10-2-34 Administration and Enforcement

(a) The procedure for administering and enforcing this Section is the same as for the underlying or existing Zoning Code regulating uses in the City. All applications for permits shall be reviewed by the Zoning Administrator to determine whether construction or development is proposed within Shoreland/Wetland areas. If it is, the application and permit shall be processed in the same manner as provided in Section 10-2-23(a) of the Municipal Code.

Sec. 10-2-35 Permit Required

(a) Unless another section of this ordinance specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development, as defined in section 10-2-43(b)6., of this ordinance, or any change in the use of an existing building or structure is initiated. Application for permit shall be made on forms furnished by the zoning administrator.

(b) No permit for any construction or development within the Shoreland/Wetland shall be issued until the Zoning Administrator ascertains that all applicable provisions of this Chapter and of the underlying zoning code will be met.

Sec. 10-2-36 Site Development Plan Required

  A site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:

(a) Dimensions and area of the lot;

(b) Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;

(c) Description of any existing or proposed on-site sewage systems or private water supply systems;

(d) Location of the ordinary high-water mark of any abutting navigable waterways;

(e) Boundaries of all wetlands;

(f) Existing and proposed topographic and drainage features and vegetative cover;

(g) Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

(h) Location of existing or future access roads; and

(i) Specifications and dimensions for areas of proposed wetland alteration

Sec. 10-2-37 Permit Expiration

(a) All permits issued under the authority of this ordinance shall expire 12 months from the date of issuance.

Sec. 10-2-38 Certificates of Compliance

(a) Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator subject to the following provisions:

Sec. 10-2-39 Conditional Use Permits

(a) APPLICATION. Any use listed as a conditional use in this ordinance shall be permitted only after an application has been submitted to the zoning administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in section 2-5-2 of this Code.

(b) CONDITIONS. Upon consideration of the permit application and the standards applicable to the conditional uses designated in section 10-2-32(c)3. Of this ordinance, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this ordinance, as are necessary to further the purpose of this ordinance as listed in section 10-2-30. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this ordinance.

Sec. 10-2-40 Permit Fees

(a) Fees for permits issued under this chapter shall be as specified in Section 1-2-1.

Sec. 10-2-41 Revocation

(a) Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the zoning administrator or the Board of Appeals.

Sec. 10-2-42 Appeals

(a) Appeals from the decision of the Zoning Administrator relating to zoning matters may be filed in accordance with Section 2-5-2 of this Code for consideration by the Board of Appeals. Before considering such zoning matters, the Board shall fix a reasonable time for hearing the appeal and give public notice thereof by publishing in the official newspaper a notice as prescribed in Sections 62.34(7)(e)6 and 985.07(3)(b), Wisc. Stats.

Sec. 10-2-43 Amending Shoreland-Wetland Zoning Regulations

(a) The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this ordinance in accordance with the requirements of section 62.23(7)(d)2., Wis. Stats., NR 117, Wis. Adm. Code, and the following:

(b) A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Department within 5 days of the submission of the proposed amendment to the municipal planning agency;

(c) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class II notice as required by section 62.23(y)(d)2., Wis. Stats. The appropriate district to office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.

(d)In order to insure that this ordinance will remain consistent with the shoreland protection objectives of section 144.26, Wisc. Stats. The municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

(e) Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section 10-2-41(d), of this ordinance, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.

(f) The appropriate district office of the Department shall be provided with:

(g) If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 10-2-31(d), of this ordinance, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by section 10-2-41(g) of this ordinance. If within the 30 day period, the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by sections 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under section 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.

Sec. 10-2-44 Penalty

  Any person who shall violate any provisions of this Title or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Section 1-1-7 of this Code. Sec. 62.23(8), Wis. Stats., shall also apply.

Sec. 10-2-45 Definitions

(a)For the purpose of administering and enforcing this ordinance, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances unless otherwise specified, shall be measured horizontally.

(b) The following terms used in this ordinance mean:

Sec. 10-2-46 Shoreland Regulation In Annexed Areas

(a)STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE AND TITLE.