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City of South Milwaukee  |
NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page.
15.01
Introduction and Purpose
15.02
Interpretation and Application
15.03
Establishment of Zones
15.04
Boundaries of Zones
15.05
Definitions Rep. & Recr. 08/01/95, 1620, Repl
& Recr. 11/6/02, 1826
15.06
General Provisions and Exceptions
15.07
Non-Conforming Uses
15.08
R-A Residential Zone
15.09
R-B Residential Zone
15.10
R-C Residential Zone
15.11
C-1 Neighborhood Shopping Zone
15.12
C-2 Commercial Zone Cre. Sec (B)(9) 2/6/01, 1792
15.13
C-3 Central Business Zone
15.14
M-1 Manufacturing Zone
15.15
M-2 Industrial Zone
15.16
Conditional Uses
15.165
Performance Standards
15.17
City Plan Commission
15.18
Board of Appeals
15.19
Special Uses Zoning
15.20
Plans and Permits
15.21
Changes and Amendments
15.22
Enforcement and Penalties
15.23
Severability of Ordinance Provisions
15.24
Repeal of Conflicting Ordinances
15.25
Effective Date of Ordinance
15.30
Historic Preservation Commission
15.31 SIGNS
15.35 Moratorium on Check Cashing, Payday Loan, Car Title, Cash
Loan/Advance Services, and Similar Short-Term Credit Establishments
15.75
Wetland Ordinance
15.80
Storm Water Management Ordinance - Statutory Authorization - Finding
of Fact -
Statement of Purpose and Title
15.81
Illicit Discharges, Illegal Connections, and Spill Prevention
15.85
Construction Site Erosion Control
15.95
Flood Plain Regulations
15.01 INTRODUCTION AND PURPOSE. In order to promote the health, safety, morals and general welfare, it shall be the purpose of this ordinance to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the side yards, courts and other open spaces, the density of population and the locations and use of buildings, structures and land for trade, industry, residence or other purposes and for said purposes to divide the City of South Milwaukee, Wisconsin into zones of such number, shape and area as are deemed best suited to carry out the said purposes; to provide for its enforcement; and to prescribe penalties for the violation of its provisions.
15.02 INTERPRETATION AND APPLICATION. The provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, comfort, prosperity and general welfare; and are designed to legally implement and influence the development of the City of South Milwaukee, Wisconsin in accordance with the powers granted the city under the provisions of Section 62.23 of the Wisconsin Statutes.
It is not intended by this ordinance to interfere with, abrogate or annul any existing easements, covenants or agreements between parties, nor to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law, relocating to the use, occupancy, location and height of buildings or premises or require larger open spaces than are imposed or required by such provisions of law or ordinance or by such rules, regulations or permits, the provisions of this ordinance shall control.
15.03 ESTABLISHMENT
OF ZONES.
(A) ZONES.
The City of South Milwaukee is hereby divided into eight zones designated
as follows:
R-A Residential Zone
R-B Residential Zone
R-C Residential Zone
C-1 Neighborhood
Shopping Zone
C-2 Commercial Zone
C-3 Central Business
Zone
M-1 Manufacturing
Zone
M-2 Industrial Zone
(B) MAP. The boundaries of these zones are hereby established as shown on a map entitled "Zoning Map, City of South Milwaukee, Wisconsin" and is made a part of this ordinance. All notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and things set forth by said map were all fully described herein.
15.04 BOUNDARIES
OF ZONES.
(A) Where land has
been subdivided into lots and blocks, unless otherwise indicated, the zone
boundary lines are intended to follow the center lines of streets, alleys,
boulevards, railroads or such lines extended. Boundary lines within blocks
are intended to follow lot lines.
(B) In subdivided land, unless otherwise indicated, the zone boundary lines are intended to follow the center lines of streets, highways, railroads, section lines, quarter section lines, quarter or such lines extended. Whenever a portion of any zone is indicated upon the zoning map as a strip paralleling an opened or unopened street or highway where the above definition does not apply, the width of this strip unless otherwise indicated, shall be determined by use of the scale shown on such Zoning Map.
(C) Questions concerning the exact location of zone boundary lines which cannot be resolved by the application of Paragraph (A) and (B) above shall be determined by the City Plan Commission.
15.05 DEFINITIONS.
(A) Certain words and terms
used in this ordinance are defined for the purpose thereof as hereinafter
set forth. Any words not defined shall be construed as defined in the Building
Code of the State of Wisconsin as promulgated from time to time by the
Industrial Commission of the State of Wisconsin. Words used in the present
tense include the future; words used in the singular number include the
plural number; and words in the plural number include the singular number;
and the word "shall" is mandatory.
(1) ACCESSORY BUILDING. A detached building, not used as a dwelling unit but is incidental to that of the main building and which is located on the same lot (i.e. garage, storage/tool shed, but not limited to). Rep. & Recr. 08/01/95, 1620
(2) ACCESSORY USE. A use customarily incidental to the principal permitted use of a lot or building and located upon the same lot as the principal use.
(3) ALLEY. A public way which affords a secondary means of access to abutting property.
(4) APARTMENT.
(a) A building
designed for and occupied as a residence for 5 or more families living
independently of each other.
(b) Apartment
Hotel. Any building which satisfies both the definition of
a multiple family dwelling and that of a hotel as defined
by this ordinance.
(5) BASEMENT. A basement is a story wherein on every side of the building the average floor line is below the grade and the average ceiling height in every elevation is not more than 5 feet above such grade.
(6) BOARDING HOUSE. See Lodging House.
(7) BUILDING. A building is any structure built for the support, shelter or enclosure of persons, animals, or personal property of any kind; and when separated by a fire separation wall, each portion of such structure so separated shall be deemed a separate building. Am. 09/01/92, 1514
(8) BUILDING - PERMANENT. A building erected for a period to exceed one year.
(9) BUILDING HEIGHT. Height of building is the vertical distance measured at the center line of its principal front from the established grade or from the natural grade if higher than the coping of flat roofs or the deck line of a mansard roof or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building.
(10) COURT. An open space, other than a yard, unoccupied and unobstructed from the ground upward on the same lot with a building which is bounded on two or more sides by the walls of such building.
(11) CLUB. An association of persons for some common purpose but not including a group organized primarily to render or which is actually engaged in rendering a service which is customarily carried on as a business.
(12) EXCEPTION. The use of property including the use and location of buildings the size of lots and the dimensions of required yards otherwise not allowable under the terms of this ordinance which is permissible by reason of special provisions by the City Plan Commission or the Board of Appeals under conditions specified in this ordinance.
(13) DWELLING.
(a) Single
Family Dwelling. A building designed for and occupied exclusively as the
residence of only one family and having no
party wall in common with an adjacent building.
(b) Two Family
Dwelling. A building designed for and occupied exclusively as the residence
of two families with one family
wholly or partly over the other and having no party wall in common with
an adjacent building or a building unit designed
for and occupied exclusively as the residence of one family but having
a party wall in common with another similar building
unit.
(c) Multiple
Family Dwelling. A building or portion thereof designed for and occupied
as a residence for three or four families
living independently of each other.
(d) Dwelling
Unit. One or more rooms and a single kitchen in a dwelling designed as
a unit for occupance by one family for
living purposes.
(14) FAMILY. An individual or a group of individuals related by blood, marriage, court order or adoption, or a group of not more than four persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may also include not more than two boarders or roomers when the basic family unit is a group of related individuals as defined above.
(15) FLOOR AREA. The area within the exterior wall lines of any building provided that the floor area of a building used for dwelling purposes shall be the aggregate habitable area excluding attics not furnished as living quarters, basements or utility rooms, attached garages, unenclosed porches, breezeways and other unheated areas.
(16) FRONTAGE. All of the property abutting on a public street right-of-way.
(17) GARAGE - MECHANICAL. Any building or premises where automotive vehicles are repaired, rebuilt, reconstructed, serviced, hired, sold or stored for compensation excluding those where the principal use pertains to auto body repairs and painting.
(18) GARAGE - PRIVATE. An accessory building or part thereof or an accessory portion of the main building intended for and used to store the private motor vehicles of the person resident upon the premises and in which no business, service or industry connected directly or indirectly with motor vehicles is carried on.
(19) GARAGE - STORAGE. A building or premises used for the storage only of motor vehicles pursuant to previous arrangements and not transients; when no equipment, parts, fuel, grease or oil is sold and vehicles are not required, rebuilt, serviced, hired or sold.
(20) HOME OCCUPATION. An occupation for gain or support conducted entirely and only by members of a family within their place of residence provided that such occupation is incidental to the residential use and provided no article is sold or offered for sale on the premises except such as may be produced by such occupation, no stock in trade is kept or sold, no display of products shall be visible from the street, and no accessory building shall be used for such home occupation. Automobile repair and automobile sales are not permitted home occupations. Am. 09/01/92, 1514
(21) HOTEL. A building in which lodging or board and lodging are provided for the transient public for compensation.
(22) LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials which abuts upon or affords direct access to a street or alley.
(23) LODGING HOUSE. A building or portion thereof containing lodging rooms which accommodate three, but not more than 12, non-transient persons who are not members of the keeper's family and where lodging or meals or both are provided for compensation.
(24) LOT. A parcel of land occupied or to be occupied by one building and its accessory buildings and uses having sufficient width and depth to include the open spaces required under this ordinance and abutting on a public street or officially approved place. A lot may be land so recorded in the records of the Register of Deeds of Milwaukee County, Wisconsin, but it may include parts of or a combination of such lots when adjacent to one another provided such land is used for one improvement. The area of lot shall be measured to the street line only.
(25) LOT - CORNERS. A lot located at the intersection of two or more streets provided that the comer of such intersection shall have an angle of 120 degrees or less measured on the lot side.
(26) LOT - DEPTH OF. The mean horizontal distance between the front and rear lot lines.
(27) LOT - INTERIOR. A lot other than a comer lot.
(28) LOT LINES. The lines bounding a lot as defined herein.
(29) LOT - THROUGH. A lot having frontage of two non-intersecting streets.
(30) LOT WIDTH. The width of a lot shall be the distance between side lot lines measured on a line which coincides with the required setback line for the lot.
(31) NON-CONFORMING USE. A building structure, land or premises occupied at the time of the passage of this ordinance or amendments thereto by a lawful use which does not conform with the provisions of this ordinance or amendments thereto for the zone in which it is situated.
(32) PARKING LOT. A building or premises containing one or more parking spaces open to the public free or for a fee.
(33) PARKING SPACE. An unobstructed piece of ground or floor space sufficient for and used exclusively for the temporary storage of one automobile together with necessary maneuvering space.
(34) PROFESSIONAL OFFICE. The office of a doctor or practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician and other recognized professions.
(35) SETBACK. The minimum distance between the lot line and the nearest point of a building excluding permitted projections.
(36) SERVICE STATION. Any building or premises used for the dispensing, selling or offering for sale of any motor fuel or oils or where battery, tire and other similar services are rendered. When such dispensing, sale or offering for sale of any fuels or oils is incidental to the conduct of a mechanical garage, the premises shall be classified a mechanical garage.
(37) STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it except that a basement shall not be considered a story if its ceiling is less than four feet above the finished grade along the front of the building.
(38) STORY - HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
(39) STREETS. Public thoroughfares which afford a primary means of access to abutting property or any proposed thoroughfares designated "new streets" on the Official Map for the City of South Milwaukee.
(40) STREETS. The dividing line between a lot and the abutting street right-of-way. Am. 09/01/92, 1514
(41) STRUCTURE. Anything except a building, constructed or erected, the use of which requires a more or less permanent location on the ground or attached to something having a permanent location on the ground. A sign, billboard or other advertising medium detached or projecting and having a gross area in excess of 40 square feet shall be construed to be a structure in this ordinance.
(42) STRUCTURE - TEMPORARY. A structure not having a permanent location on the ground and readily removable in its entirety, the use of which is incidental to the erection of a permanent structure.
(43) STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders.
(44) TRAILER. Any vehicle, house car or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for living, sleeping or commercial purposes.
(45) VARIANCE. A departure from the terms of this ordinance as applied to a specific building, structure or parcel of land which the Board of Appeals may permit, contrary to the regulations of this ordinance for the zone in which such building, structure or parcel of land is located, when the board finds that a literal application of such regulations will effect a hardship limitation on the use of the property which does not generally apply to other properties in the same zone and for which there is no compensating gain to the public health, safety or welfare. Am. 09/01/92, 1514
(46) VISION CLEARANCE TRIANGLE. The triangular space formed by two intersecting street and/or alley lines or public access driveway lines and a line joining points on such street or alley lines or public access driveway lines located a minimum of eight feet from their intersection in which no building or structure may be erected and no vegetation may be maintained between the heights of three feet and ten feet above the respective alley or curb grades. Am. 09/01/92, 1514
(47) YARD. An open space on a lot upon which a building is situated, unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance.
(48) YARD - FRONT. A yard extending the full width of a lot between a street line and the nearest point of a building excluding permitted projections at a setback distance as provided for in the particular zone. On a corner lot, only one front yard setback will be required. Where an existing improved lot has no street access, the owner shall, by affidavit, declare the site of the front yard and this declaration shall govern all future yard computations with respect to that property. Am. 09/01/92, 1514
(49) YARD - REAR. A yard directly opposite from the front yard extending the full width of the lot between a lot line and the nearest point of a building excluding permitted projections at a setback distance as provided for in the particular zone unoccupied except by accessory buildings provided further that in the case of irregular lots, the rear lot line shall be a line ten feet long within the lot parallel to the front lot line or the main chord thereof and at the maximum distance from the front lot line.
(50) YARD - SIDE. A yard extending from the front yard to the rear yard and between a side lot line and the nearest point of a building excluding permitted projections and a setback distance as provided for in the particular zone. On any corner lot in which the rear of the lot abuts upon the side of an interior lot, the setback on the side street shall not be less than 50% of the front yard setback required on the lot in the rear. No accessory building shall project beyond the front yard setback line of the lot in the rear. In no case shall the buildable width of such corner lot be reduced to less than 24 feet.
(51) DECK. An open, uncovered structure designed for gathering, entering or exiting an adjoining structure, or for aesthetic purposes. Decks may be physically attached to, or separate from the adjoining building. Covered and/or enclosed porches or decks shall be deemed a part of the adjoining building and shall conform with the setback requirements for said adjoining building. Cr. 06/20/95, 1615
(52) ENCLOSED DECK. An enclosed deck shall be a deck that has the walls and/or roof closed/covered to the extent that it is a secondary building. Enclosed decks shall be considered a part of the adjoining structure and shall conform with applicable codes for same. Cr. 06/20/95, 1615
(53) GAZEBO. An open or enclosed structure either standing alone or attached to a deck and used for gathering or aesthetic purposes. Gazebos shall be considered an accessory use and shall conform with applicable codes for same. Cr. 06/20/95, 1615
(B) HEIGHT REQUIREMENTS. Except as otherwise provided in this ordinance, no building or structure shall hereafter be erected, nor shall any existing building or structure be reconstructed or structurally altered to exceed in height the limits established by this ordinance or amendments to exceed in height the limits established by this ordinance or amendments thereto, for the zone in which such building or structure is located.
(C) HEIGHT EXCEPTIONS.
( l) In the
residential zones, a building for public or semi-public use such as churches,
schools, hospitals or sanitariums, where permitted, may be erected to a
height not exceeding 4 stories or 50 feet, when the required setback, side
yards and rear yards are each increased not less than one foot for each
foot by which such building exceeds the established height limit for the
zone in which it is to be located.
(2) Parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, gas tanks, grain elevators, scenery lofts, sugar refineries, tanks, water towers, radio and television towers, masts or aerials, microwave radio relay towers, ornamental towers, observation towers, monuments, cupolas, domes spires and necessary mechanical appurtenances may exceed the limitations of this ordinance when erected in accordance with other regulations of the City of South Milwaukee.
(3) Building and structures for the housing of the equipment and services of necessary public utilities, such as water, sewer, gas, telegraph, telephone, electric or other public services, may be erected to greater heights than provided by this ordinance, but such buildings and structures shall not be erected to greater heights than provided by this ordinance in the R-A Residential Zone or the R-B Residential Zone until the location thereof shall have been approved by the City Plan Commission.
(4) Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
(D) AREA REQUIREMENTS. Except as otherwise provided in this ordinance, no building or structure shall hereafter be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, or any premises be used or occupied, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, nor shall a greater percentage of lot be occupied than is required by this ordinance except in conformity with the lot width, lot area, setback, side yard, rear yard and court regulations of this ordinance and amendments thereto, for the zone in which such building or structure is located.
(1) No lot area shall be so reduced that the yards and other open spaces or the required lot area shall be smaller than those prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.
(2) No required yard or other open space or part hereof around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this ordinance, shall be considered as providing a yard or other open space or part thereof for any other building or structure.
(3) Every building hereafter erected, moved, altered, enlarged or rebuilt shall be located on a lot as herein described. In no case shall there be more than one building on one lot.
(4) No building permit shall be issued for building on a lot which abuts a street dedicated to only a portion of its required width and located on that side thereof from which no dedication has been secured.
(5) At each end of a through lot, there shall be a setback of the depth required by this ordinance for the zone in which each street frontage of such lot is located; provided, however, that one of such setbacks may serve as a required rear yard or part thereof.
(6) Every required yard shall be unoccupied and unobstructed from the ground upward except in the following cases:
(a) Accessory buildings shall be permitted, except in front yards, and as otherwise regulated herein.
(b) Open or
enclosed fire escapes, terraces, and unenclosed stairways may project into
a side or rear yard not more than 1/3
of the depth of such yard, but in no case more than four feet; provided
further that the same shall not be closer than three
feet to any lot line.
(c) Chimneys,
flues, eaves, sills, belt courses, and ornamental features shall not project
more than 24 inches into any required
yard.
(d) Signs, trees,
fences, and other ornamental, protective, or decorative installations as
otherwise regulated herein or in other
sections of the South Milwaukee Code of Ordinances.
(e) Other decorative
installations not otherwise regulated herein or regulated at other sections
of the South Milwaukee Code of
Ordinances upon recommendation of the City Plan Commission and approval
of the Common Council. Cr. 11/01/77, 1058
(7) Any side yard
or court abutting the boundary line of a zone shall have a minimum width
and depth in the less restricted zone
equal to the average of
the required minimum widths and depths for such yards and courts in the
two zones which abut such boundary line.
(E) AREA EXCEPTIONS.
(1) The provisions
of this ordinance shall not prevent the erection of a single-family dwelling
and its accessory building on any lot on record in the Office of the Register
of Deeds of Milwaukee County at the time of the passage of this ordinance,
as being owned separately from any lot or part of a lot adjoining such
lot.
(2) Where lots have been recorded in a subdivision plat and where such subdivision plat has provided lots of greater area than is required by this ordinance, such lots or plats shall not be divided or reduced in area to create additional lots, except by recording a revised and officially approved subdivision plat.
(F) ACCESSORY BUILDING
PROVISIONS. Rep. & Recr. 08/01/95, 1620, Repl & Recr. 11/6/02,
1826
(1) Residential Zones:
Accessory buildings in all residential zoning districts and all lands used
for residential purposes are subject to the following provisions:
(a) For lots
less than 3,600 sq. ft. 14% of the total lot area may be used for accessory
buildings, provided house and accessory buildings do not exceed 50% of
the
total lot area. For lots greater than 3,600 sq. ft. 11% of total
lot area may be used, provided house and accessory buildings do not exceed
40% of total lot area.
Am. 11/6/02, 1826
(b) Accessory
buildings 100 square feet or less shall not exceed twelve (12) feet in
height. Walls for such structures shall not exceed eight (8) feet
in height.
Accessory buildings in excess of 100 square feet in area, shall not exceed
fifteen (15) feet in height unless approved by the Plan Commission as part
of a
Conditional Use Permit. Walls for such structures shall not exceed
ten (10) feet in height. For the purpose of this section height is
measured from top of slab at
door opening. Am. 11/6/02, 1826
(c) No
commercial vehicle with a payload capacity in excess of 1 and ½
tons shall be stored in an accessory building located within a residential
zone.
Am. 04/23/96, 1642
(d) One detached private garage per lot. Am. 11/6/02, 1826
(e) No accessory building shall be located within any front yard or within any side yard less than sixty (60) feet from the front lot line.
(f) When
located in a rear yard, an accessory building shall not be nearer than
three (3) feet of a side or rear lot line, except that if adjacent to an
alley and having
an opening directly on the alley to accommodate a vehicle, the setback
from the rear lot shall not be less than ten (10) feet. If located
in the rear yard of a corner
lot, it shall not project beyond the side street setback line for the primary
building, except that if such corner lot abuts an interior lot, the setback
of the accessory
building shall not project beyond the setback of the interior lot's primary
building and the setback from the rear lot line shall not be less than
the interior lot minimum
setback or six (6) feet, whichever is less.
(g) Accessory
buildings shall not be constructed closer than ten (10) feet to a principal
or neighboring building. The Building Inspector may allow the minimum
distance between structures to be reduced to five (5) feet, provided the
building is designed and constructed in accordance with Chapter 16 of the
Municipal Code.
Am. 11/6/02, 1826
(h) No accessory building shall exceed 900 square feet in area. Am. 11/6/02, 1826
(2) In all zoning districts, accessory buildings are subject to the following restrictions in addition to any other restrictions that may apply:
(a) No accessory
building, including, but not limited to, decks, garages and storage buildings,
shall occupy more than forty
percent (40%) of the required rear yard.
(b) No accessory
building shall be located within any front yard or within any side yard
less than sixty (60) feet from the front
lot line. Rep. & Recr. 8/1/95, 1620
(G) AUTOMOBILE PARKING SPACE AND OFF-STREET LOADING ZONE REQUIREMENTS. Each parking space required by this ordinance shall be located off the public street or alley but shall be accessible to same and shall not be less than 180 square feet in area, exclusive of access area, maneuvering area, ramps or columns, and not less than eight feet in width. Such parking space shall be graded and surfaced so as to be dust-free and shall be not more than 400 feet from the entrance of the building it serves, except that for uses in M-1 and M-2 zones where such space is to be used for employee parking, it shall be located on the same site as the building which it serves or within a reasonable distance. Such parking space shall conform to the street setback lines established for the main building in the zone. Minimum parking and loading facilities shall be as follows:
(1) Public Assembly
Building. One parking space for every 10 persons the building is
intended to accommodate.
(2) Restaurants and
Taverns. One parking space for every four seats.
(3) Hospitals and
Institutions. One parking space for every three beds.
(4) Hotels. One parking
space for every three guest rooms.
(5) Motels. One parking
space for each unit.
(6) Commercial Establishments.
One parking space for every 30 square feet of floor area.
(7) Residential Uses.
Two parking spaces for each dwelling unit except as otherwise approved
by the Plan Commission for
handicapped or elderly housing. Am. 09/01/92, 1514
(8) Mixed Residential/Commercial
Uses. One parking space for each residential unit, plus such additional
space as required by
the conditional use permit. Am. 09/01/92, 1514
(9) Other Uses. Shall
be the same as for uses similar to the above or as otherwise determinedby
the City Plan Commission.
(10) Conditional
Uses. Shall be as determined by the conditional use permit. Am 09/01/92,
1514
(H) SETBACK REQUIREMENTS.
(1) Where the setback
requirements of this ordinance differ for two adjoining lots, the setback
on the lot on which the greater setback is required shall be modified for
a distance of not more than 60 feet from the line divig the two adjoining
lots, to be the average of the two required setbacks.
(2) No gasoline pumps shall be located closer than 12 feet (measured from the center line of said pumps) to the nearest lot line, or established street line. On a corner lot, when a gasoline pump or a series of pumps are placed on a pump island, the pump nearest the street shall be located not closer than 20 feet (measured along the axis of said pump island) to the street line of said street.
(3) All setback requirements of this ordinance shall also apply to all future streets as shown on the Official Map, and any amendments thereto, as well as to all existing streets. Where 40% or more of the buildable frontage is occupied with buildings having an average setback line of more or less than the front yard setback required in the zone, the setback line in any vacant interior lot in such frontage shall be established at the point of intersection of its center line, drawn from the point lot line, and a line connecting the nearest points on the setback lines of the next existing buildings on each side of such vacant lot, but in no case shall it be necessary to exceed the minimum setback required by this ordinance.
(I) SERVICE STATION
REGULATIONS. No service station shall be erected, moved, or
altered where such station will be located:
(1) Within 200 feet
of any school, church, playground, theater, or other place of public assembly.
(2) Where, in the determination of the Common Council, after consideration by the City Plan Commission, the public safety would be imperiled by reason of traffic or fire and explosion hazards.
(J) VISION CLEARANCE TRIANGLE. As per the definition, therefore, a vision clearance triangle shall be provided at the intersection of all street and/or alley lines and/or public access driveways. Am. 09/01/92, 1514
(K) BUILDING ELEVATIONS. Any building or structure hereafter erected shall be constructed to an elevation which shall be set by the City Engineer, in writing, before the issuance of a building permit therefore.
(L) FILLING OR CUTTING OF LANDS. No filling or cutting of lands within the city limits shall be permitted except as is done within limits established for same, in writing, by the City Engineer.
(M) SIGNS. Advertising and business signs shall be considered a commercial use and shall not be permitted in residential zones, except as in conformance with the requirements of the zone as outlined hereafter.
(N) PRIVATE SWIMMING
POOLS.
(1) No swimming pool
shall be erected to the front of the residence of the owner or occupant
of the premises connected therewith. In the case of lots bordered on two
sides by public streets, no swimming pool may be erected in the area between
the setback lines of the main building and the street right-of-way line;
in no case less than five feet from any lot line or building wall.
(2) A swimming pool, within the meaning of this ordinance, shall be any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent, and either above or below the ground in which water of more than 18 inches in depth is contained and which is used primarily for the purpose of bathing or swimming, except temporary pools with an area of 150 square feet or less shall not come within the provisions of this ordinance.
(3) A child of tender years, within the meaning of this ordinance, shall be any child who has not attained the age of 10 years.
(4) Every person, every member of a partnership, and every corporation that owns, directly or indirectly, or operates or uses or has custody of, control of or has the right to use any swimming pool located in the City of South Milwaukee, shall erect and maintain a fence or suitable barrier around such swimming pool of such size and construction as to safeguard a child of tender years to prevent such child from falling into such swimming pool, or shall install and maintain a cover or other protective device over such swimming pool of such design and material that the same can be securely fastened in place, and when in place, shall be capable of sustaining a person weighing 250 pounds. Such cover or other protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for bathing or swimming purposes.
(5) No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank, not to overflow upon or cause damage to any adjoining property. Provision may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval of the Plumbing and Public Health Administrative Assistant. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the State Board of Health shall be necessary before the construction of any such pool may commence.
(6) All private swimming pools within the meaning of this ordinance must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
(7) All installations of swimming pools, drains, or other equipment made under the provisions of this ordinance shall be subject to periodic inspection by the Plumbing and Public Health Administrative Assistant of the City of South Milwaukee.
(8) All swimming pools of a permanent type shall have the sides and bottom of a smooth finish and no sand or dirt shall be permitted.
(O) EARTH STATION DISH ANTENNAS.
(1) Ground-mounted and building-mounted earth station dish antennas are permitted as accessory uses provided that all applicable requirements of this ordinance are met.
(2) Earth station dish antennas shall be constructed and anchored in such a manner to withstand winds of not less than 80 miles per hour and such installations shall be constructed of non-combustible and corrosive-resistant materials.
(3) Earth station dish antennas shall be filtered and/or shielded so as to prevent the emission or reflection of electro-magnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(4) Ground-mounted dish antennas shall meet the height requirements for accessory structures in the zoning district in which they are located. Building-mounted dish antennas shall not exceed the maximum height regulation of the zoning district in which they are located.
(5) Ground-mounted earth station dish antennas shall meet all setback and yard requirements for accessory structures in the district in which they are located and are permitted in the rear yard only in residential districts provided that they shall be no closer than five (5) feet to the principal structure and any rear lot line or swimming pool, nor occupy more than twenty (20) percent of the rear yard area. Ground mounted earth station dish antennas are permitted in the side and rear yards in commercial, industrial and public/institutional zoning districts provided that they shall be no closer than five (5) feet to the principal structure, shall not occupy more than fifty (50) percent of a side yard nor seventy-five (75) percent of a rear yard area, and shall be no closer than three (3) feet to any side or rear lot line nor five (5) feet to any alley line. Building-mounted earth station dish antennas shall not exceed the setback and yard requirements of the zoning district in which it is located.
(6) Not more than one (1) earth station dish antenna shall be permitted on a lot or parcel in a residential zoning district.
(7) The installation of an earth station dish antenna shall require a building permit. The property owner shall submit, to the Building Inspector, plans which indicate the appearance, proposed location and installation method of the dish antenna. Earth station dish antennas shall be located and screened to minimize their visual impact on surrounding properties. If a property owner in a residential zoning district proposes a building-mounted antenna location in which the antenna would be visible from the front lot line, that property owner must demonstrate that reception would not be possible from a less conspicuous location. The property owner in a residential zoning district who proposes a building-mounted antenna must also submit a plan for screening the antenna from surrounding properties whenever such screening can be accomplished in a manner that is appropriate to the architecture of the building. The Building Inspector shall refer to the Architectural Review Board any plans which do not clearly meet the requirements of this section.
(8) All earth station dish antennas, and the construction and installation thereof, shall conform to applicable City Building Code and Electrical Code regulations and requirements. Prior to the issuance of a building permit for a building-mounted earth station dish antenna, the applicant shall submit a plan or document prepared by a registered professional engineer which certifies that the proposed dish antenna installation is structurally sound.
(9) Any earth station dish antenna existing on the date for adoption of this ordinance, which does not conform to these regulations, shall be brought into conformance within one (1) year of the date of adoption of this ordinance. Cr. 11/05/85, 1314
(P) DECK PROVISIONS. Cr. 06/20/95, 1615
(1) Decks are permitted uses in R-A and R-B zones provided that all applicable requirements of this ordinance are met.
(2) The construction of a deck shall require a building permit.
(3) Plans for all proposed decks must be submitted, reviewed and approved by the Building Inspector. Plans, when deemed necessary by the Building Inspector, may require the approval of the Building Board according to size, structure, and aesthetics.
(4) All decks shall conform with applicable sections of Wisconsin's Building Code.
(5) No deck shall encroach on existing public utility easements without the expressed written consent of the owner of the utility facility.
(6) No construction for a deck shall start without the contact and location of all utilities.
(7) When located in a side or rear yard, a deck shall not be less than three feet from the side or rear lot line, nor shall it be constructed less than six feet from a structure on a neighboring property. In the case of a corner lot, a deck constructed on the street side shall not project closer than ten feet to the side lot line or the minimum side yard setback of the principal building, whichever is less but in no case shall it be closer than six feet.
(8) When located in a front, a deck shall not project into the front yard setback by more than 25% of the required minimum front yard setback, except that decks adjoining buildings which do not conform with required minimum front yard setbacks shall not project beyond the existing setback of said building.
(Q) PORTABLE STORAGE UNITS. "Portable Storage Unit" is any container, storage unit, shed-like container, removable canopy, or other temporary structure, that can or is used for the disposal, protection, or storage of personal property of any kind and which is located for such purposes outside an enclosed building or accessory structure.
(R) DONATION DROP-OFF BOXES. "Donation Drop-Off Box" is any container, storage unit or temporary structure that can be or is used for the holding of charitable or for profit donations with collection of these donations made at a later date or time and which is located for such purposes outside an enclosed building.
15.06 GENERAL
PROVISIONS AND EXCEPTIONS.
(A) USE REQUIREMENTS.
Except as otherwise provided in this ordinance, no building or structure
shall hereafter be erected, enlarged, located, reconstructed or maintained
on a lot unless such building or structure conforms with the regulations
as to the use of the zone or portion thereof in which it is located, nor
shall any building, structure or land be changed in use nor shall any alteration
be made with such change in view in any manner other than that prescribed
by this ordinance or amendments thereto and as permitted in the zone in
which such building, structure or land is located.
(1) Whenever any area which has been subject to the Milwaukee County Zoning Ordinance petitions to become a part of the city, the regulations imposed by the County Ordinance shall continue in effect without change and shall be enforced by the city until such regulations have been changed by official action of the Common Council.
(2) Telephone buildings, exchanges and lines, transformer stations and microwave radio relay structures, telegraph lines, police and fire stations, water pumping stations and other similar public buildings and semi-public buildings and structures may be located in any zone in which they are otherwise prohibited when such location has been approved by the Common Council. This regulation, however, shall not apply to sewage disposal plants, garbage incinerators, warehouses, garages, shops and storage yards.
(3) Temporary structures erected for the purpose of providing shelter to materials and equipment of those engaged in the construction of a permanent building or for use as real estate sales field office shall not be required to conform to the regulations of this ordinance. Temporary structures shall require a temporary certificate of occupancy and shall be allowed on the premises for a period not to exceed one year.
(4) No service station, mechanical garage or public parking lot shall be erected, operated or maintained where an entrance or exit for motor vehicles is located on the same side of the street within 200 feet of a pedestrian entrance or exit from a public or private school, park, parkway, playground, public library, church, hospital, home for children or the aged, or other public or semi-public institution.
(5) Portable Storage Unit. The use of portable storage units are allowed in all zoning districts subject to the following conditions:
(a) There must be not more than one (1) portable storage structure per property.
(b) The portable unit must be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high.
(c) A portable storage unit must not remain at a property in any zoning district in excess of thirty (30) consecutive days, and must not be placed in any one property in a zoning district in excess of (30) days in a twelve (12) month period. Upon written application of a property owner, City Engineer or designee can approve a longer duration of time, but in no case shall a portable storage unit remain on property for more than sixty (60) consecutive days.
(d) The portable storage unit must be placed within the buildable area of the lot, or driveway.
(e) Portable storage units associated with construction at a site where a building permit has been issued are permitted for the duration of construction and must be removed from the site within fourteen (14) days of the end of construction. Portable storage units associated with construction are limited to 180 consecutive days unless specifically approved by the city engineer or building inspector.
(f) Property owner shall be responsible for ensuring that the portable storage unit is maintained in good condition, free from deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks.
(g) Portable storage units shall not be used for storage of business inventory or commercial goods unless approved by the Plan Commission under a Conditional Use Permit in a commercial or industrial zone. Hazardous materials shall not be stored in portable storage units.
(6) Donation Drop-Off Boxes. Donation drop-off boxes are prohibited on all public and private property in the City except under the following conditions:
(a) Donation drop-off boxes are allowed on property where the primary structure is used by a not for profit organization, as defined by the Wisconsin State Statutes and the box is used exclusively to support said organization.
(b) The drop box must be placed within the buildable area of the lot in a side or rear yard and screened from view of any public right-of-way.
(c) All donations must be fully enclosed in a donation drop-off box. Donations that are not fully enclosed in a donation drop-off box are considered a public nuisance and subject to removal by the City of South Milwaukee.
(1) The non-conforming use of any building or land existing as of August 14, 1956, the time of the enactment of this ordinance, may be continued subject to the limitations set forth by statute and such conditions herein set forth. Am. 09/01/92, 1514
(2) Uses which were conforming before adoption of the 1992 amendments to this ordinance may be continued subject to the limitations set forth by Statute and such conditions set forth herein. Cr. 09/01/92, 1514
(3) DISCONTINUANCE. If the non-conforming use of a building or premises is discontinued for a period of one year, any future use of such building or premises shall conform to the regulations of the zone in which it is located. If the non-conforming use of a building or premises is changed to a permitted use, the non-conforming use may not be resumed.
(4) CERTIFICATE OF OCCUPANCY. A certificate of occupancy for each non-conforming use shall be required. See Section 15.18(B). The Building Inspector shall keep current a file of all non-conforming uses in the City, listing in each case the name of the owner of the premises, his address, the use and location of the building or premises, and the assessed value of the building at the time of its becoming a non-conforming use. When a non-conforming use shall have been destroyed to the extent of 50% or more of its assessed value, said value being determined by the City Assessor, for the fiscal year during which such destruction occurs, or discontinued, or when the total value of the structural repairs or alterations to such use shall equal 50% of the assessed value of the building at the time of its becoming a non-conforming use, such fact shall be noted on the list. Each new non conforming use created by any amendment to this ordinance shall be listed when so created.
(5) CHANGES. A non-conforming use may be changed only to a conforming use.
(6) EXTENSION. No non-conforming use shall be permitted to be added to or enlarged or moved on the lot unless it is made to conform with the regulations of the zone in which it is located.
(7) ALTERATIONS. Alterations to a non-conforming building which alterations conform with the requirements of the zoning regulations and which alterations, when taken in total with the present existing structures, do not exceed the maximum allowable building area nor invade the minimum residual free area, shall be permitted at the discretion of the Building Inspector without appeal to the Board of Appeals. Where the Building Inspector has any question or doubt concerning the propriety of the proposed addition, he may require the applicant to submit his proposal to the Board of Appeals. Am. 09/16/86, 1333
(A) USES PERMITTED. In the R-A Residential Zone, no building, structure or premises shall be used and no building or structure shall hereafter be erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following uses:
(1) Single family dwelling units. All single-family dwellings constructed after October 1, 2001 shall have a two-car attached garage, or detached garage, with a minimum area of not less that 420 square feet. When a lot abuts an alley, vehicular access to the garage or other parking, shall be provided solely from the alley. Created 10/2/01, 1807
(2) Accessory Buildings. Such buildings may be used in whole or in part as separate living quarters for domestic servants employed on the premises. When an accessory building is used wholly or partly as a private garage not more than ½ the space so used may be rented, for the storing only of private vehicles belonging to persons not resident on the premises, except that in the case of a garage having space for the storage of one or two vehicles only, all of such space may be so rented. No commercial vehicle exceeding l-l/2 tons capacity shall be stored in such private garage. See also Section 15.05(F).
(3) Temporary buildings for a period not to exceed one year.
(4) Home occupations.
(B) CONDITIONAL USES. The following uses may be permitted in an R-A Residential Zone by a conditional use permit under Section 15.16:
(1) Churches, convents,
cemeteries.
(2) Public and parochial
schools.
(3) Public buildings
including libraries, museums, police and fire stations and community
buildings, except public warehouses,
garages or storage yards, sewage disposal plants or garbage incinerators
and penal or correctional institutions
(4) Parks and playgrounds.
(5) Professional
offices, provided that such office is incidental to the residential use,
is conducted by a member of the resident
family entirely within the residential building, and that no more
than fifty percent (50%) of only one floor in any residential
building shall be devoted to such professional use.
(6) The following
uses are permitted when approved by the Common Council:
(a) Power transmission
lines, telephone and telegraph toll lines and transformer stations,
microwave radio relay structures,
transportation systems and railroad lines and passenger depots, but
not including switching, storage, freight yards or
siding.
(b) The filling
of lowlands, pits and large holes with non-odorous or non-combustible materials
free from garbage or food
wastes, so as to elevate lands to grade established by the City Engineer.
(7) Transitional Uses.
When the side line of a lot in the R-A Residential Zone abuts the boundary
of any Commercial Industrial
Zone, the following transitional uses may be established, provided that:
(a) Such transitional
uses shall not extend into the R-A Residential Zone more than seventy-five
(75) feet.
(b) All of
the regulations of the R-A Residential Zone respecting yards and open spaces
shall be complied with. See also
Section 15.06(D)(7).
1. Two (2) family dwelling.
2. Storage garage, provided no commercial vehicle exceeding five (5) ton
capacity shall be stored in any such garage.
3. Parking lot, provided such lot is operated only between the hours of
6:00 A.M. and 10:00 P.M.
Created 09/01/92
(C) HEIGHT. No building or structure shall exceed 35 feet or 2-1/2 stories in height. See Section 15.05(C)(1), (2), (3), (4).
(D) FRONT YARD. There shall be a front yard having a minimum depth of 30 feet.
(E) SIDE YARD REQUIREMENTS.
(1) There shall be
a side yard on each side of a building. For buildings not over 1-1/2 stories
high, the sum of the widths of the required side yard shall not be less
than fifteen (15) feet, and no single side yard shall be less than six
(6) feet in width.
(2) For buildings which have two (2) stories on one side and a single story on the other side, there shall be two separate and distinct side yard requirements which are as follows:
(a) First Story.
The sum of the widths of the required side yard on the first story shall
not be less than fifteen (15) feet; and, the
side yard width on the two-story side of the building shall not be less
than nine (9) feet, and on the one-story side of the
building, not less than six (6) feet.
(b) Second Story.
The sum of the widths of the required side yard on the second story shall
not be less than eighteen (18) feet;
and, not less than nine (9) feet on either side of the building.
(3) For buildings
from 1-1/2 to 2-1/2 stories high, the sum of the widths of the required
side yards shall not be less than twenty
(20) feet, and no single
yard shall be less than eight (8) feet in width.
Provided, however, on a single lot having a width of less than sixty (60) feet and on record at the time of the passage of this ordinance as being owned separately from any adjoining lots, the sum of the widths of the required side yards shall be not less than three (3) inches per foot of lot width for a building not over 1-1/2 stories high, and four (4) inches per foot of lot width for a building from 1-1/2 to 2-1/2 stories high; provided further that the buildable width of such lot shall in no case be reduced to less than twenty-four (24) feet, nor shall the width of any single side yard be less than forty percent (40%) of the total required side yard width. Am. 04/05/72, 940
(F) REAR YARD. There shall be a rear yard having a minimum depth of twenty (20) feet.
(G) LOT AREA. No residential building shall hereafter be erected or structurally altered on a lot which provides less than 7200 square feet of lot area per family and a minimum of sixty (60) feet of width.
(H) BUILDING SIZE.
(1) The ground floor
areas of all one floor single family dwelling units, exclusive of open
porches and garages shall not be less than 1000 square feet for a two-bedroom
residence, 1125 square feet for a three-bedroom residence, 1225 square
feet for a four-bedroom residence and 1325 square feet for a five-bedroom
residence. For other than single floor structures, the upper and lower
floors shall have not less than 1400 square feet with a minimum of 800
square feet on the first floor. No bedroom, family room or den shall have
an area less than 100 square feet.
(2) ALTERATIONS. Nothing in this ordinance shall prevent a non-conforming building or structure, existing on the date of enactment of this ordinance, from being altered, improved, repaired, or rebuilt even if after such alteration, improvement or repair, said building or structure still constitutes a non conforming use, subject to the fifty percent (50%) limitation in Section 15.07(7). Am. 10/7/75, 1020
(3) CONSTRUCTION APPROVED PRIOR TO ORDINANCE. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the date of enactment of this ordinance.
(I) FENCES. Am. 09/01/92, 1514
(1) Barbed fences or other hazardous construction materials shall be prohibited.
(2) When zoning regulations for height of fences vary along the common line of a property, the more restrictive of the regulations shall apply.
(3) Maximum height in required front yards shall not exceed forty-eight (48) inches.
(4) Maximum height on side property lines, or within three (3) feet thereof, shall not exceed six (6) feet.
(5) Maximum height on rear property lines, or within three (3) feet thereof, shall not exceed six (6) feet.
(6) No fence shall be erected closer than forty-two (42) inches from a principal building located on an adjoining property.
(7) Vision clearance triangles shall be maintained at the intersection of the following:
(a) Two streets;
(b) A street
and an alley;
(c) Two alleys;
and
(d) A driveway
to street.
(8) No fence shall be erected without the property owner first obtaining a plat of survey with monumented property corners and a permit from the City Building Inspector.
(9) Hedges and other similar forms of vegetation which are planted to form a dense, continuous barrier shall be regulated as a fence within the vision clearance triangle.
(10) Height regulations, as stated herein, may be varied by the City Engineer when other considerations, such as adjoining grade levels, swimming pool protections, etc., indicate that said variance would satisfy the intent of these regulations.
(11) Fence heights shall be measured from the grade of the principal residence.
(J) SIGNS. Only those signs which relate to an activity on the lot may be installed, subject also to the following:
(1) Signs advertising a home occupation shall not exceed two (2) square feet in area, containing only the name, address, phone number, professional title, and the nature of the business.
(2) Church or institution bulletin signs shall not exceed forty-eight (48) square feet in area.
(3) Land sale signs, real estate signs, and contractor signs pertaining to the residential site shall not exceed sixteen (16) square feet in area, shall be located on the site, and shall not be permitted for a period of more than one year without special permission of the Common Council.
(4) No sign shall be erected upon any roof.
(5) No sign shall be permitted closer than fifteen (15) feet from any street line unless attached to a building.
(6) Illumination of signs shall be prohibited, except those provided for in paragraph numbered (2) above.
(7) All signs shall be constructed of durable materials and shall be maintained in a good state of repair.
(8) MOBILE SIGNS.
(a) Mobile signs,
hereinafter defined, shall be subject to all of the foregoing regulations
concerning the placement and size of
sign and also to the following provisions. Whenever any of the following
provisions would result in the placement of a sign
closer to a street or lot line than the foregoing provisions, the foregoing
provisions shall apply. Whenever the following
provisions would result in the placement of a sign closer to a street or
lot line than the foregoing provisions, the following
provisions shall not apply.
(b) The mobile
sign is one which is not affixed to a permanent foundation.
(c) The following
provisions concerning permit shall not apply to signs which are not placed
in a position for viewing for more
than a seven (7) day period.
(d) Mobile
signs shall be designed to rest on structural members other than wheels
except when being moved. All protruding
appurtenances shall be removed while the sign is being used for display.
(e) No mobile
sign shall have an area of more than thirty-two (32) square feet per side.
(f) No mobile
signs shall be placed within an area of a triangle formed from points fifteen
(15) feet from the intersection of the
right-of-way of two (2) streets or highways; or formed by the intersection
of a driveway and a street or highway. In no case
shall a mobile sign be any closer than five (5) feet from a lot line or
three (3) feet from any driveway. The vision
clearance triangle required in the first cause of this paragraph shall
not apply where the sign is located at the top of a
T - intersection.
(g) The Building
Inspector shall not issue a permit for any lighted mobile sign which is
to be electrically lighted or equipped
with electrical facilities unless the Electrical Inspector has approved
and issued any necessary electrical permit.
(h) Any person
desiring to place a mobile sign on any site within the City of South Milwaukee
shall comply with all the
provisions of this section and shall pay a one time permit fee of $15.00.
This fee is intended to cover the cost of inspection.
All signs must be maintained in good repair and good working order. The
Building Inspector finding any sign in disrepair shall
order the appropriate repairs made within thirty (30) days or order the
sign removed within the same period of time. An owner
who fails to remove or repair his sign within the thirty (30) day period
shall lose his permit and the sign shall be deemed a
public nuisance. The Licenses and Permits Committee reserves the right
to impose special restrictions or to prohibit
placement of a sign upon petition by any citizen having an interest in
the placement of a sign. Any such special restrictions
imposed will be imposed only after notice and an opportunity to be heard
is granted to the owner of the sign.
(i) No mobile
sign shall exceed a height of ten (10) feet above the ground on which it
is located.
(j) Mobile
signs may be illuminated only between 7:00 A.M. and 10:00 P.M. or while
the premises upon which the sign is
located and concerning which the sign advertises are open for business.
(k) The use
of red, green or any flashing lights shall not be permitted on any mobile
sign. An illumination shall be constant.
(l) All mobile
signs are prohibited in all residential areas. Am. 09/01/92, 1514
(9) City-owned property
shall be exempt from sign regulations herein subject to submittal of a
written application for any
temporary or permanent signs or banners and review and approval of the
City Engineer. The City Engineer, at his
discretion, may submit any application to the Common Council for review
and approval. Created 05-04-04, 1863
(A) USES PERMITTED. In the R-B Residential Zone, no building or structure shall hereafter be erected or structurally altered unless otherwise provided in this ordinance except for one or more of the following uses:
(1) Any non-conditional
use permitted in the R-A Residential Zone. Am. 09/01/92, 1514
(2) Two family dwellings.
All two family dwellings constructed after October 1, 2001 shall have not
less than a one-car attached garaged for each dwelling unit, or a two-car
detached garage. The total minimum area of the garage or garages
shall not be less than 420 square feet. When a lot abuts an alley,
vehicular access to the garage, or other parking, shall be provided solely
from the alley. Amended, 10/2/01, 1807
(B) CONDITIONAL USES.
The following uses may be permitted in an R-B Residential Zone by a conditional
use permit under Section 15.16:
(1) All conditional
uses permitted in the R-A Residential Zone.
(2) Multi-family dwellings, boarding houses, lodging houses, bed and breakfast establishments and convalescent homes. Rep. & Recr. 10/18/94, 1587
(3) Public hospitals, provided such building shall be located not less than 100 feet from any lot in any residential zone not used for the same purpose.
(4) Philanthropic and eleemosynary institutions.
(5) Private clubs, fraternities, and lodges, except those the major activity of which is a service, customarily carried on as a business.
(6) Transitional Uses. When the side line of a lot in the R-B Residential Zone abuts the boundary of any Commercial or Industrial Zone, the following transitional uses may be established provided that:
(a) Such transitional
uses shall not extend into the R-B Residential Zone more than seventy-five
(75) feet.
(b) All of
the regulations of the R-B Residential Zone respecting yards and open spaces
shall be complied with. See also
Section 15.06(D)(7).
1. Storage garage, provided no commercial vehicle exceeding five (5) tons
capacity shall be stored in any such garage.
2. Parking lot, provided such lot is operated only between the hours of
6:00 A.M. and 10:00 P.M.
(7) Functional Reuse of Existing Buildings -
Structures or buildings existing in the R-B Zone as of January 1, 2008 that were
previously used for churches, schools, banquet halls, or similar uses may be
reused for establishment of commercial business or retail establishment subject
to issuance of a conditional use permit under Section 15.16 provided that:
(a) The proposed use is a permitted or conditional use in the C-1 zone.
(b) The building exterior or structure does not have to be significantly
modified to accommodate the intended uses.
(c) The functional reuse does not convert a previously existing residential use
to a business enterprise.
(d) The proposed reuse is of such nature as not to be objectionable because of
smoke, gases, fumes, dust, odor, noise, vibrations, traffic or any activity
having a detrimental effect on the health, safety and/or welfare of the
residents of adjacent residential areas or the neighborhood taken as a whole.
(e) Any conditional use permit issued under this paragraph shall be limited to a
time period of 5 years unless a greater or lesser period of time is determined
by the Plan Commission to be a necessary or sufficient safeguard against adverse
effects and shall be reissued upon application for renewal provided the Plan
Commission determines, after an evidentiary hearing, that the reuse has not had
adverse effects upon the health, safety and/or welfare of the residents of the
adjacent residential areas or the neighborhood taken as a whole. In the
event the owner fails to petition for renewal, the conditional use permit shall
lapse and be void at the end of the time limit established by the Plan
Commission when it is issued or reissued. The City may notify the property
owner a minimum of 120 days prior to conditional use permit expiration date.
Failure of the City to notify the owner does not void the requirement of owner
to petition for renewal. Cr. 2/20/2008, 1964
(C) HEIGHT. Same as R-A Residential Zone.
(D) FRONT YARD. There shall be a front yard having a minimum depth of twenty-five (25) feet.
(E) SIDE YARD. There shall be a side yard on each side of a building. For buildings not over 1-1/2 stories high, the sum of the widths of the required side yards shall be not less than fifteen (15) feet, and no single side yard shall be less than six (6) feet in width.
For buildings from 1-1/2 to 2-1/2 stories high, the sum of the widths of the required side yards shall not be less than twenty (20) feet, and no single side yard shall be less than eight (8) feet in width, except for any building which is designed for or occupied by three (3) families, the sum of the widths of the required side yards shall not be less than 20 feet, and no single side yard shall be less than ten (10) feet in width, and for any building which is designed for or occupied by four (4) families, the sum of the widths of the required side yards shall not be less than thirty (30) feet, and no single side yard shall be less than twelve (12) feet in width.
Providing, however, that on a single lot having a width of less than sixty (60) feet and on record at the time of the passage of this ordinance as being owned separately from any adjoining lots, the sum of the widths of the required side yards shall not be less than three (3) inches per foot of lot width for a building not over 1-1/2 stories high, and of four (4) inches per foot of lot width for a building from 1-1/2 to 2-/12 stories high; provided further that the buildable width of such lot shall in no case be reduced to less than twenty-four (24) feet, nor shall the width of any single side yard be less than 40% of the total required side yard width. See Section 15.05(D)(1),(2),(5),(6) and (7).
(F) REAR YARD. Same as R-A Residential Zone.
(G) LOT AREA. No residential building shall hereafter be erected or structurally altered on a lot which provides less than the following minimum lot area:
(1) For a single family
dwelling, 7200 square feet of lot area per family and a minimum of sixty
(60) feet of lot width.
(2) For a two-family
dwelling, 3600 square feet of lot area per family and a minimum of sixty
(60) feet of lot width.
(3) For a three-family
dwelling, 300 square feet of lot area per family and a minimum of seventy-five
(75) feet of lot width.
(4) For a four-family
dwelling, 2700 square feet of lot area per family and a minimum of ninety
(90) feet of lot width.
(5) For lodging or
boarding units, a minimum of sixty (60) feet of lot width.
(H) BUILDING SIZE. In addition to the same requirements in the R-A Residential Zone for building size, each dwelling unit shall contain not less than the following floor areas:
(1) For a two-family
dwelling, 675 square feet per family.
(2) For a three or
four-family dwelling, 500 square feet per family. (3) (I)
(3) For lodging or
boarding units, no minimum.
(I) FENCES. Same as R-A Residential Zone.
(J) SIGNS. Same as R-A Residential Zone.
(A) USES PERMITTED. In the R-C Residential Zone, no building or structure shall be used and no building or structure shall hereafter be erected or structurally altered, unless otherwise provided in this ordinance, except for the following uses:
(1) Any non-conditional use permitted in the R-B Residential Zone. Am. 09/01/92, 1514
(B) CONDITIONAL USES. The following uses may be permitted in an R-C Residential Zone by a conditional use permit under Section 15.16:
(1) All conditional
uses permitted in the R-A Residential Zone and the R-B Residential Zone.
(2) Apartment buildings.
(C) HEIGHT. No building or structure hereafter erected or structurally altered shall exceed three (3) stories or thirty-five (35) feet in height when adjoining a zone on one or more sides which permits greater heights, the height limit may be increased to be an average between the two (2) zones. See Section 15.06(C)(2),(3) and (4). Am. 09/01/92, 1514
(D) FRONT YARD. There shall be a front yard having a minimum depth at least equal to that of other residential zones which abut thereon or which are separated therefrom by a street, whichever is closer, but in no case shall said front yard be less than ten (10) feet.
(E) SIDE YARD. There shall be a side yard of not less than ten (10) feet on each side of the building, except that this side yard shall be increased to twenty-four (24) feet on the side which abuts on an R-A Residential Zone.
(F) REAR YARD. Same as R-A Residential Zone.
(G) BUILDING SITE AREA AND LOT AREA PER FAMILY LIMITATION. For the purpose of determining the minimum lot area requirements for apartments, the following table shall be used which, when combined with the front yard setback requirements, will comprise the total lot area required per family.
Height Total Square Feet/Family
1 Story
1,000
2 Story
800
3 Story
700
4 Stories and over
600
(1) Building floor
area requirements are based on a minimum of 400 square feet of available
living space per dwelling unit.
(2) Outdoor living
area of 300 square feet per family shall be required. Such area may not
be used for any other purpose and
may not be considered a part of any front yard requirement as required
by this ordinance. Each building intended for
occupancy by eight (8) or more families shall have a play lot included
in said area of a suitable size as determined by
standards established by the City Plan Commission.
(3) Off-street parking
spaces to allow sufficient area for one car per family, as specified in
Section 15.05(G)(l) hereof shall be
provided. In all cases where automobile parking spaces are provided within
the main building, or some other structure on
the premises, the total lot area required under (F) above may be reduced
by 100 square feet for each such parking space
provided.
(H) BUILDING SIZE. See Section (F) above.
(I) FENCES. Same as R-A Residential Zone.
(J) SIGNS. Same as R-A Residential Zone.
15.11 C-1 NEIGHBORHOOD SHOPPING ZONE.
(A) USES PERMITTED. In the C-l Neighborhood Shopping Zone, no building, structure, or premises shall be used, and no building or structure shall hereafter be erected or structurally altered unless provided in this ordinance, except for one or more of the following uses:
(1) Bank, business and professional offices, and churches. Am. 09/01/92, 1514
(2) Telephone, telegraph and public utility office; microwave radio relay structures.
(3) The following uses, provided that they shall be retail establishments selling only new merchandise unless otherwise provided; that such uses shall be conducted wholly within an enclosed building unless otherwise provided; than not more than seven (7) persons shall be employed on the premises for any one such use; that the ground floor area for any one use shall not exceed 1800 square fee; that any exterior sign displayed shall be attached to a building, shall pertain only to the use of the building or premises, shall be placed so as to face the principal street or a parking area in the rear, or if on a corner building, such sign shall be located on that portion of the side street wall within fifty (50) feet of the principal street, and in no case shall such sign project above the roof line of the building to which it is attached; provided further that no curb service or drive-in service shall be permitted.
(a) Art shop,
gift shop, jewelry store, optical store
(b) Bakery
(c) Barber
shop, beauty parlor
(d) Book and
stationery store, news stand, tobacco store
(e) Candy store,
confectionery store
(f) Clothing
store, dress shop, hosiery shop, millinery shop, notion shop, shoe store,
shoe repair shop, variety store
(g) Drug store,
ice cream shop, pharmacy, soft drink stand
(h) Florist
shop
(i) Food products,
dairy products, delicatessen, fruit and vegetable store, grocery store,
meat and fish market Hardware store,
sporting goods store
(j) Music store,
radio and television store
(k) Photographer
and photographer's supplies
(l) Restaurant,
tavern
(m) Tailor
and clothes pressing shop; provided, however, that no cleaning or dyeing
operation shall be conducted on the
premises.
(4) Accessory buildings for any use permitted in the zone.
(5) Signs, as regulated in Section 15.11(J).
(6) Any use permitted in the R-B Residential Zone, when constructed pursuant to the standards and requirements of Section 15.09. Am. 04/04/73, 961
(B) CONDITIONAL USES. The following uses may be permitted in a C-l Neighborhood Shopping Zone by a conditional use permit under Section 15.16:
(1) Any other business
or enterprise which is similar in character to those listed in Section
15.11 (A), and is established for the
purpose of providing a service or commodity that is required by the residents
of the adjacent residential area and is of such
nature as not to be objectionable because of smoke, gases, fumes, dust,
odor, noise, vibrations, or any activity having a
detrimental effect on the health, safety and welfare of the residents of
adjacent residential areas.
(2) All conditional uses permitted in the R-A, R-B and R-C Residential Zones.
(3) Storage garages
for the storage of personal automotive vehicles only, not including trucks,
buses, tractors, trailers or any
other automobile vehicle. Cr. 09/01/92, 1514
(4) Mixed residential and commercial uses.
(C) HEIGHT. No building or structure hereafter erected or structurally altered shall exceed three(3) stories or thirty-five (35) feet in height.
(D) FRONT YARD. Where parts of the frontage are designated on the Zoning Map as Residential Zone and C-l Neighborhood Shopping Zone, the front yard regulations of the Residential Zone shall apply to the C-1 Neighborhood Shopping Zone; otherwise no front yard shall be required.
(E) SIDE YARD. There shall be a side yard on each side of any building hereafter erected or structurally altered, of not less than six (6) feet in width. All buildings hereafter erected or structurally altered shall be set back a minimum of ten (10) feet from any lot line which adjoins a residential zone.
(F) REAR YARD. There shall be a rear yard having a minimum depth of twenty (20) feet.
(G) LOT AREA. No minimum lot areas shall be required for commercial uses, except as is deemed necessary by the City Plan Commission for lots less than thirty (30) feet in width. For dwelling units constructed above a commercial use, and for apartments, the following minimum lot areas shall apply:
(1) Lodging rooms
(one bedroom apartments) 600 square feet per room.
(2) Efficiency apartments
(one bedroom) 1200 square feet per unit.
(3) Apartments (two
or more bedrooms) 1800 square feet per unit.
(H) BUILDING SIZE. No minimum building size shall be required for commercial uses, except as is deemed necessary by the City Plan Commission for lots less than thirty (30) feet in width. When dwelling or lodging units are constructed above the commercial use, minimum unit sizes shall be as follows:
(1) Lodging rooms
(one bedroom) 150 square feet.
(2) Apartments -
300 square feet plus 100 square feet for each bedroom in excess of one.
(I) FENCES. Same as R-A Residential Zone.
(J) SIGNS. Signs in excess of thirty-two (32) square feet may be installed only when those signs relate to an activity on the lot, subject further to the following:
(1) Illumination of
signs or other lighting on the premises shall in no way cast rays to interfere
with the vision or performance of
drivers on the streets or to cause undesirable illumination on surrounding
properties.
(2) Land sales signs,
real estate signs, and contractor signs pertaining to the site shall not
exceed sixteen (16) square feet in
area and shall not be permitted for a period of more than one year without
special permission of the City Plan Commission.
(3) A business sign
may be located on a building roof provided that it is not higher than six
(6) feet above the building height.
(4) Signs affixed
flat against or within twenty-four inches of a building wall shall not
project higher nor wider than the building to
which they are attached.
(5) Free-standing
structures shall not project beyond the minimum setback requirements of
the lot for a main building or
accessory building depending on the yard in use, or exceed twenty-five
(25) feet in height measured from the level of
established grade at the building. Am. 09/16/86, 1334
(6) All signs shall
be constructed of durable materials and shall be maintained in a good state
of repair.
(7) Signs projecting
into a public right-of-way shall be as regulated in Chapter 12.
(8) The provisions
of Section 12.17(8) of this Code shall apply and be controlling as to those
signs which are defined in Section
84.30(1),(2),(3) and (4) as created by Chapter 197, Laws of 1971. Cr. 09/04/73,
970
(A) USES PERMITTED. In the C-2 Commercial Zone, no building, structure or premises shall be used and no building or structure shall hereinafter be erected or structurally altered unless otherwise provided in this ordinance except for one or more of the following uses: Rep. & Recr. 01/18/94, 1555
(1) All non-residential
uses permitted in the C-l Neighborhood Shopping Zone. Am. 09/01/92, 1514;
Rep. & Recr. 01/18/94,
1555
(2) Private clubs,
fraternities and lodges, churches, public buildings. Renumbered 01/18/94,
1555
(2a) One and Two-family
dwellings which otherwise comply with all zoning requirements (eg. area,
setbacks, unit size, parking,
etc.) and which were constructed prior to January 1, 1999.
Cr. 11/02/99, 1752
(3) Any of the following
specified uses: Renumbered 01/18/94, 1555
(a) Animal hospital, pet shop
(b) Repealed 04/05/00, 1766
(c) Bowling alley, pool and billiard room, amusement and entertainment
centers utilizing mechanical, electronic, and video
games, gymnasium, dancing school, dance hall, skating rink, theater except
drive-in theater, ice cream store, soda
fountain, soft-drink stand. Cr. 08/18/81, 1159
(d) Caterer, tavern
(e) Cleaning and dyeing establishment; laundry
(f) Clinic
(g) Convention and exhibition hall
(h) Crockery store
(i) Department store
(j) Financial institution, brokerage, pawnbroker
(k) Furniture store, upholster's shop
(l) Household appliance store, paint store, plumbing, heating and electrical
supply store
(m) Job printing establishments and newspaper press rooms and offices
(n) Municipal buildings, including post offices, libraries, museums, fire
and police stations and community centers, but not
including public warehouses, garages or storage yards, sewage disposal
plants or garbage incinerators, and penal or
correctional institutions.
(o) Personal service establishments
(p) Private school
(q) Radio and television broadcasting studio, radio and television towers,
masts or aerials, microwave radio relay structures
(r) Railroad and bus depot
(s) Temporary structures
(t) Undertaking establishment
(B) CONDITIONAL USES. The following uses may be permitted in a C-2 Commercial Zone by a conditional use permit under Section 15.16. Notwithstanding any provision herein to the contrary any residential building hereinafter constructed and any existing building hereinafter structurally altered to increase the number of residential units within such building in a C-2 Commercial Zone shall be subject to such height, setback, number of units, building size, percentage of buildable area on the land and such other conditions as may be determined to be appropriate by the Plan Commission and the Common Council in the Conditional Use Permit process. In the event these provisions governing residential uses in a C-2 zone appear to be in conflict with any other provision of this zoning code, the terms of this paragraph shall supersede any such apparently conflicting provision. Rep. & Recr. 01/18/94, 1555
(1) Electronic equipment
design, programming, assembly, testing, storage, display and sales,
but not including the
manufacturing of component parts except as may be incidental to assembly.
Detailed plans for the use of any structure or
lands for such purposes, including a description of machinery and
equipment to be used, shall be subject to approval by
the Common Council following review and recommendation by the City Plan
Commission. Am. 05/02/78, 1067
(2) Storage of building
materials when same is in a fully enclosed building and operated in conjunction
with a retail outlet for
said materials on the same premises as the primary use.
(3) Auto body repairing
and painting.
(4) All conditional
uses permitted in the R-A Residential Zone, the R-B Residential Zone, the
R-C Residential Zone and the
C-1 Commercial Zone.
(5) The storage of
equipment and supplies used in the construction services industries (e.g.
building contractors, carpenters,
electricians, flooring services, lighting services, masonry services, painting
services, plastering services, plumbing and
heating contractors, roofing services, sheet metal services and welding
services) provided that no manufacturing of products
is conducted on the premises and that all storage of equipment and supplies
is within a building. Cr. 06/17/97, 1672
(6) Automotive sales
and service, automobile repair, and automotive fueling stations, provided
that all pumps and service
islands meet the district setback requirements; provided that canopies
are set back at least 10 feet from a street
right-of-way; provided that the Plan Commission and Common Council has
reviewed and approved the site ingress and
egress plan; and provided the Plan Commission and Common Council has review
and approved a site landscaping plan.
Cr. 04/05/00, 1766
(7) Drive-through
facilities such as banks, restaurants, and carwashes, provided that each
drive-through bank shall provide four
stacking spaces for each service lane; each drive-through restaurant shall
provide eight stacking spaces for each service
lane; each full service carwash shall provide seven stacking spaces per
wash stall and two drying spaces beyond the
carwash exit; and each self service carwash shall provide two stacking
spaces per wash stall. Drive-through establishments
not listed shall provide stacking spaces as required by the Plan Commission
based on demonstrated need.
Cr. 04/05/00, 1766
(8) Limited manufacturing,
assembly, and storage may be permitted in the C-2 zone, provided that the
need for such onsite
manufacturing and assembly is demonstrated to the Plan Commission and provided
the manufacturing/assembly use
complies with the performance standards for residential and business districts
set forth in Section 15.165.
Cr. 04/05/00, 1766
(9) Personal Wireless
Facilities. Personal wireless facilities include cellular telephone
antennas, personal communication
services, other mobile radio services, and any FCC-licensed wireless common
carriers; and any office, maintenance,
generator, or other land use directly related to the operation of such
services. Cr. 02/06/01, 1792.
(A)
The developer of a personal wireless facility shall prepare a plan showing
the number and potential location of all
antenna sites needed within the City, and within 3 miles of the City, to
complete the complete communication network.
(B) The applicant for a personal wireless facility must
own the property on which the facility is proposed to be located,
must possess a lease to use the property for a personal wireless facility,
or possess another appropriate agreement
document that shows that the property owner has agreed to the use of the
property for such personal wireless service
facility.
(C) All antenna shall be constructed on existing structures,
such as, but not limited to water towers, public buildings,
existing utility towers, or other communications towers.
(D) If it is determined that such antennas cannot be
co-located on existing structures, freestanding tower structures may
be permitted, but said structures shall be designed to support the proposed
antennas and three additional sets of
communications antennas. The developer shall agree, in writing, to
make the structure available for co-location by
other companies of other communication equipment at a reasonable return.
No more than one freestanding tower shall
be permitted on a property.
(E) It shall be preferred, and the Common Council may
require, that stealth antenna technologies be used to hide or
disguise a personal wireless service facility.
(F) No freestanding tower shall exceed in height, twice
the distance from the nearest lot line.
(G) The developer may be required to post a bond or cash
deposit to assure maintenance of communication equipment
and its supporting structures; and to assure that if facilities are abandoned,
sufficient resources are available for the City
to remove such equipment and structures.
(10) CONVENIENT CASH AND SIMILAR BUSINESSES:
(a) Definition: Convenient cash and similar businesses include check cashing places, pay-day loans, car title, cash loan/advance services and similar short-term credit establishments, and means any person licenses pursuant to Wisconsin Statute who accepts a check or title, holds the check or title, for a period of time before negotiating or presenting the check or title for payment, and pays to the issuer an agreed upon amount of cash, or who refinances or consolidates such a transaction.
(b) Location:
(1) Convenient cash businesses shall not be located within 1500 feet of any other convenient cash business or a regulated by State Law.
(2) Convenient cash businesses shall not be located within 250 feet from a residential zoning district or residential use a s measured by the shortest line between the parcel to the occupied by the proposed convenient cash facility and the property line of the residential use or district.
(c) Hours of Operation: Convenient cash businesses shall not operate between the hours of 9:00 p.m. and 9:00 a.m.
(d) All convenient cash businesses shall purchase and install based upon specifications provided by the Police Department, one outdoor surveillance camera and wireless subscription module [total cost not to exceed five thousand dollars ($5,000.00)] to be positioned in close proximity to said business at a location determined by the Police Department. The owner of this equipment shall be responsible for its repair and upkeep. Failure to maintain and repair the above-named equipment will necessitate a review of the Conditional Use approval and possible revocation of same.
(e) Applicant must provide a security plan that addresses all of the following:
a) Limits on amount of ash immediately available for withdrawal;
b) Lighting plan for the business showing both exterior and interior lighting;
c) Plans for maintaining visibility into the interior of the check cashing facility;
d) Plans for security of the check cashing area of the facility;
e) A program for graffiti and litter abatement;
f) Hours of operation; and
g) Use of security guards and cameras plan.
(C) HEIGHT. No building or structure hereafter erected or structurally altered shall exceed fifty (50) feet or five (5) stories in height. See Section 15.05(C)(2),(3) and (4).
(D) FRONT YARD. No front yard shall be required.
(E) SIDE YARD. No side yard shall be required, but if provided, such side yard shall not be less than six (6) feet in width. All buildings shall be set back a minimum of ten (10) feet from any lot line which adjoins a residential zone.
(F) REAR YARD. There shall be a rear yard of not less than twenty (20) feet for a building three (3) stories or less in height. For each additional story in height, the depth of such rear yard shall be increased two (2) feet. See Section 15.05(C),(3);(D)(2),(5),(6) and (7).
(G) LOT AREA. Same as C-l Zone.
(H) BUILDING SIZE. Same as C-1 Zone.
(I) FENCES. Same as C-I Zone.
(J) SIGNS. Same as
C-l Zone.
15.13 C-3 CENTRAL BUSINESS ZONE.
(A) USES PERMITTED. In the C-3 Central Business Zone, no building, structure or premises shall be used and no building or structure shall hereafter be erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following uses:
(1) All non-conditional
uses permitted in the C-l Neighborhood Shopping Zone and the C-2 Commercial
Zone. Am. 09/01/92,
1514
(2) Financial
institution, brokerage, pawnbroker.
(3) Wholesale
tropical fish business. Am. 03/15/94, 1560
(4) Transitional
Uses. Cr. 04/09/96, 1639 When the side
or rear lot line of a lot in the C-3 Central Business Zone abuts the
boundary of any Industrial or Manufacturing Zone, the uses defined at (c)
hereof may be established provided that:
(a) Such transitional uses shall not extend into the C-3 Central Business
Zone more than 75 feet.
(b) All of the regulations of the C-3 Central Business Zone respecting
yards and open spaces shall be complied with. See
Sec. 15.05 (d) (7)
(c) The uses permitted as transitional uses are:
(1) Storage of contractor/building materials when the same is stored in
a fully enclosed building, is an incidental part of
the business located on the premises, and does not occupy more than 50%
of the building.
(2) Storage of contractor equipment when the same is in a fully enclosed
building or in an area fully enclosed by a
screened fence, is an incidental part of the business located on the premises,
and the equipment does not exceed the
following limitations:
(a) No commercial vehicle with a payload capacity in excess of two tons
shall be stored on the property.
(b) No equipment with a gross weight in excess of 3 tons shall be stored
on the property.
(B) CONDITIONAL USES. The following uses may be permitted in a C-3 Central Business Zone by conditional use permit under Section 15.16:
(1) All conditional uses permitted in the R-A Residential Zone, the R-B Residential Zone, the R-C Residential Zone, the C-1 Neighborhood Shopping Zone and the C-2 Commercial Zone. Am. 09/01/92, 1514; Rep. & Recr. 04/21/98, 1704
(2) The storage of equipment and supplies used in the construction services industries (e.g. building contractors, carpenters, electricians, flooring services, lighting services, masonry services, painting services, plastering services, plumbing and heating contractors, roofing services, sheet metal services and welding services) provided that no manufacturing of products is conducted on the premises and that all storage of equipment and supplies is within a building. Cr. 06/17/97, 1672
(3) Automotive sales and service, automobile repair, and automotive fueling stations, provided that all pumps and service islands meet the district setback requirements; provided that canopies are set back at least 10 feet from a street right-of-way; provided that the Plan Commission and Common Council has reviewed and approved the site ingress and egress plan; and provided the Plan Commission and Common Council has reviewed and approved a site landscaping plan. Cr. 04/05/00, 1766
(4) Drive-through facilities such as banks, restaurants, and carwashes, provided that each drive-through bank shall provide four stacking spaces for each service lane; each drive-through restaurant shall provide eight stacking spaces for each service lane; each full service carwash shall provide seven stacking spaces per wash stall and two drying spaces beyond the carwash exit; and each self service carwash shall provide two stacking spaces per wash stall. Drive-through establishments not listed shall provide stacking spaces as required by the Plan Commission based on demonstrated need. Cr. 04/05/00, 1766
(5) Limited manufacturing, assembly, and storage may be permitted in the C-2 zone, provided that the need for such onsite manufacturing and assembly is demonstrated to the Plan Commission and provided the manufacturing/assembly use complies with the performance standards for residential and business districts set forth in Section 15.165. Cr. 04/05/00, 1766
(6) Tattoo establishments. Cr. 4/20/08, 1971
(C) HEIGHT. No building or structure hereafter erected or structurally altered shall exceed fifty (50) feet or five (5) stories in height. See Section 15.05(C)(2),(3) and (4).
(D) FRONT YARD. No front yard shall be required.
(E) SIDE YARD. Same as C-2 Zone.
(F) REAR YARD. No rear yard will be required where adequate off-street loading space is provided.
(G) LOT AREA. Same as C-l Zone.
(H) BUILDING SIZE. Same as C-l Zone.
(I) FENCES. Same as C-l Zone.
(J) SIGNS. Same as C-l Zone.
(K) OFF-STREET PARKING. None of the provisions of this ordinance requiring off-street parking shall apply to this zone, except that off-street loading space, when needed, shall be provided.
(A) USES. In the M-1 Manufacturing Zone, no building, structure or premises shall be used and no building or structure shall hereafter be erected, moved or structurally altered unless otherwise provided in this ordinance, except pursuant to the terms of a conditional use permit issued pursuant to the terms of this zoning code. Repl. and Recr. 4/16/02, 1818
(B) REVIEW. In granting or denying conditional use permits in the M-1 zone, in addition to employing the standards and criteria of Sec. 15.16 of these ordinances, the Plan Commission shall not permit any use which was formerly prohibited and in considering an application for a use which was formerly conditionally prohibited, the Plan Commission shall give due regard to those conditions which formerly limited the conditionally prohibited use for which an application has been submitted. The provisions of this paragraph should be read to suplement and not replace the standards established in Sec. 15.16 of these ordinances. In the event of a conflict between the provisions of this paragraph and the provision of Sec. 15.16, the conflict shall be resolved in favor of applicaton of the provisions in Sec. 15.16. Repl. and Recr. 4/16/02, 1818
(C) HEIGHT. The height of any building in the M-1 zone shall be estalished by the conditional use permit. Repl. & Recr. 4/16/02, 1818
(D) FRONT YARD. (1) There shall be a front yard having a minimum depth of twenty-five (25) feet. In case of a corner lot, no such building shall be nearer the side street line than ten (10) feet.
(2) Where any part of the premises is used for storage or manufacturing and is not in an enclosed building, such use shall be screened by a wall, fence, evergreen, or other equally effective planting, and built or maintained at a minimum height of six (6) feet.
(E) SIDE YARD. (1) For buildings or parts of buildings hereafter erected or structurally altered for residential purposes, the side yard requirements of the R-A Residential Zone shall apply.
(2) All buildings hereafter erected or structurally altered shall be set back a minimum of fifty (50) feet from any lot line which adjoins a residential zone except that where a street divides the zones, no setback shall be required but, if provided, such side yard shall be not less than ten (10) feet in width.
(3) Where any part of the premises adjoining a residential zone is used for storage or manufacturing and is not in an enclosed building, such use shall be screened by a wall, fence, evergreen, or other equally effective planting, and built or maintained at a minimum height of five (5) feet.
(F) REAR YARD. There shall be a rear yard of not less than twenty (20) feet for a building three (3) stories or less in height, except that loading platforms may be established in such rear yard when it abuts on a railroad. For each additional story or fractional story in height, the depth of such rear yard shall be increased two (2) feet. See Section 15.05(C)(2),(3);(D)(2),(5),(6),(7).
(G) LOT AREA. No minimum lot area shall be required, except as may be deemed necessary by the Plan Commission in the conditinal use permitting process. Repl. & Recr. 4/16/02, 1818
(H) BUILDING SIZE. No minimum building size shall be required, except as may be deemed necessary by the Plan Commission in the conditional use permitting process. All plans for construction in this zone shall be approved by the City Plan Commission along with the proposed orientation of buildings. Repl. & Recr. 4/16/02, 1818.
(I) Repealed 4/16/02, 1818
(J) Repealed 4/16/02, 1818
(VIII)
FENCES and SIGNS. Fences and signs will be permitted or required
by conditional use permit only.
(A) USES. In the M-2 Manufacturing Zone, no building, structure or premises shall be used and no building or structure shall hereafter be erected, moved or structurally altered unless otherwise provided in this ordinance, except pursuant to the terms of a conditional use permit issued pursuant to the terms of this zoning code. Repl. & Recr. 4/16/02, 1818
(B) REVIEW. In granting or denying conditional use permits in the M-2 zone, in addition to employing the standards and criteria of Sec. 15.16 of these ordinances, the Plan Commission shall not permit any use which was formerly prohibited and in considering an application for a use which was formerly conditionally prohibited, the Plan Commission shall give due regard to those conditions which formerly limited the conditionally prohibited use for which an application has been submitted. The provisions of this paragraph should be read to supplement and not replace the standards established in Sec. 15.16 of these ordinances. In the event of a conflict between the provisions of this paragraph and the provisions of Sec. 15.16, the confilict shall be resolved in favor of application of the provisions in Sec. 15.16. Repl. & Recr. 4/16/02, 1818
(C) HEIGHT. The height of any building in excess of two stories or 30 feet in the M-2 zone shall be established by the conditinal use permit. Repl. & Recr., 4/16/02, 1818
(D) FRONT YARD. (1) There shall be a front yard having a minimum depth of ten (10) feet.
(2) Where any part of the premises is used for storage or manufacturing and is not in an enclosed building, such use shall be screened by a wall, fence, evergreen or other equally effective planting built or maintained at a minimum height of six (6) feet. No setback shall be required, but if a setback is used, it shall be a minimum of ten ( 10) feet.
(E) SIDE YARDS. ( 1) For building or parts of building hereafter erected or structurally altered for residential purposes, the side yard requirements of the R-1 Residential Zone shall apply.
(2) All buildings hereafter erected or structurally altered shall be set back a minimum of fifty (50) feet from any lot line which adjoins a residential zone, except that when an M-l or M-2 Zone adjoins a residential zone and is separated by a street, no setback shall be required. Otherwise no side yard shall be required but if provided, such side yard shall not be less than ten (10) feet in width.
(3) Where any part of the premises adjoining a residential zone is used for storage or manufacturing and is not in an enclosed building, such use shall be screened by a wall, fence, evergreen or other equally effective planting, built or maintained at a minimum height of six (6) feet.
(F) REAR YARD. There shall be a rear yard of not less than twenty (20) feet for a building three (3) stories or less in height, except that loading platforms may be established in such rear yard when it abuts on a railroad. For each additional story or fractional story in height, the depth of such rear yard shall be increased two (2) feet. See Section 15.05(C)(2),(3);(D)(2),(5),(6) and (7).
(G) LOT AREA. Same as M-l Zone.
(H) BUILDING SIZE. Same as M-1 Zone.
(I) FENCES. Same as M-l Zone.
(J) FENCES and SIGNS.
Fences and signs will be permitted or required by conditinal use permit
only. Repl. & Recr. 4/16/02, 1818
15.16 CONDITIONAL USES. Cr. 09/01/92, 1514
(A) (1) PERMIT. The City of South Milwaukee Plan Commission may authorize the Building Inspector to issue a conditional use permit for conditional uses after review, a public hearing and approval by the Common Council, provided that such conditional uses and structures are in accordance with the purpose and intent of this ordinance and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. Renumbered 10/18/94, 1587
(2) REVIEW STANDARDS. A conditional use permit shall only be granted on such terms regulating the setback of buildings, yards and open areas, height of structures, parking and concentration of buildings and people and use of land as will in all circumstances insure that the essential character of the zoning and neighborhood is not changed, that neighboring property values are preserved, that the general health and welfare of the community is enhanced and that the objectives of Sec. 62.23(7)(c) are met. Cr. 10/18/94, 1587
(3) EXCEPTIONS. Any structure, building or use of land which was a permitted use in the zoning district of which it is a part immediately prior to the adoption of an amendment to this zoning code which amendment made that structure, building or use a conditional use shall be deemed to have been granted a conditional use permit on the effective date of the amendment to continue that structure, building and/or use as a conditional use. However, any extension or expansion of the structure, building or use will be allowed only upon grant of a conditional use permit specifically approving the extension or expansion. Additionally, this provision shall not effect the non-conforming status of any structure or use existing before such an amendment to this Code. Cr. 10/18/94, 1587
(B) APPLICATION. Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms furnished by the City and shall include the following: Cr. 09/01/92, 1514
(1) Name and address of the applicant, owner of the site, architect, professional engineer, contractor, and all abutting property owners of record.
(2) Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3) Plat of Survey prepared by a registered land surveyor in the State of Wisconsin.
(4) Additional information as may be required by the City of South Milwaukee Plan Commission, City Engineer, or the Building, Electrical, Health or Plumbing Inspectors.
(5) Fee receipt from
the City of South Milwaukee Treasurer in an amount established by the Common
Council.
(C) REVIEW AND APPROVAL. Am. 12/20/94, 1595 The City of South Milwaukee Plan Commission shall review the site, existing and proposed structures, building layout, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water system and the proposed use and where the proposed use will either create an apartment structure or increase the number of dwelling units in an existing apartment structure, the following minimum standards shall be required and no permit shall be issued for any structure or premise which does not meet the following minimum standards:
1. Density. The maximum number of units upon any land shall not exceed the following: 12 efficiency units per acre; 10 one-bedroom units per acre; 8 two-bedroom units per acre; 8 units per acre for units of 3 or more bedrooms. Structures consisting of two or more types of units must meet the standard for the more restrictive type of unit.
2. Open Space. At least 1800 sq. ft. of open space per family is required. Open space may not be devoted to the primary structures, accessory structures or parking areas and do not include streets, driveways or alleys.
3. Unit Size.
The following are the minimum required unit sizes:
_ 500
sq. ft. for each efficiency.
_ 650
sq. ft. for each I bedroom.
_ 850
sq. ft. for each two bedroom.
_ 1050
sq. ft. for each three bedroom.
_ for
a unit of more than three bedrooms, the minimum size is 1050 plus 200 sq.
ft. for each bedroom over three.
4. Lot
Area. The minimum lot area is made up of the following minimum
yard sizes plus the required open area and the area needed to meet the
minimum unit sizes:
_ lot
width: 90 feet.
_ front
yard setback: 25 feet.
_ side
yard: 10 feet.
_ rear
yard: 20 feet.
_ side
and rear yard requirements for structures in excess of 2 stories shall
be double that required for 1 & 2 story structures.
(D) The public hearing shall be noticed in the same fashion as a re-zoning except that the hearing shall be before and conducted by the City Plan Commission.
(E) CONDITIONS. Conditions such as landscaping, building layout and location of the site, type of construction, construction commencement and completion dates, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, increased yards, or parking requirements and any other condition restriction or limitation which may be reasonable based on the specific circumstances of the property, neighborhood and proposed use, may be required by the City of South Milwaukee Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this ordinance.
(F) COMPLIANCE. Compliance with all other provisions of this ordinance, such as to width and area of the lot, required yards, height, parking, loading, traffic, driveway access, and performance standards shall be required of all conditional uses.
(G) REVOCATION PROCEDURE.
(I) Any conditional
use permit may be revoked for any of the following reasons:
(a) Any material failure to comply with the conditions of the permit, including
failure to complete any condition within a
defined time limit; or
(b) If the conditional use, or characteristics of the conditional use,
be changed without prior approval of the Plan Commission.
(2) A conditional use permit can only be revoked after notice and a hearing before the Plan Commission pursuant to Chapter 68 of the Wisconsin Statutes.
15.165 PERFORMANCE
STANDARDS. Cr. 04/05/00, 1766
(A) This ordinance
permits specific uses in specific districts; these performance standards
are designed to limit, restrict, and prohibit the effects of those uses
outside their premises or district. All structures, land, air, and
waters shall hereafter, in addition to their use and site regulations,
shall comply with the following performance standards.
(B) AIR POLLUTION. No person or activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities so as to substantially contribute to exceeding state or federal air pollution standards.
(C) FIRE AND EXPLOSIVE HAZARDS. All activities involving the manufacturing, utilization, processing, or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, or stored only within completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed 50,000 gallons.
(D) GLARE AND HEAT. No activity shall emit glare or heat that is visible or measurable outside its premises except activities which may emit direct or sky reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
(E) WATER QUALITY PROTECTION. No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.
In addition, no activity shall withdraw water or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards set forth in Chapter NR 102 of the Wisconsin Administrative Code.
(F) NOISE. In the following zoning districts the noise emitted from any source and measured at any point within any distance beyond fifty (50) feet of the property line or public right-of-way where the noise is produced or beyond fifty (50) feet from the noise source when such exists on public property shall not exceed the amounts indicated in the following table:
SOUND PRESSURE LEVEL
Zone
Time
Decibel (dBA) Level Maximum
Residential and Business
Districts
(R-A, RB, R-C, C-1, C-2,
C-3, PDD) 7:00 p.m. to 7:00 a.m. 70 dBA
7:00 a.m. to 7:00 p.m. 75 dBA
Manufacturing (M-1,
M-2)
80 dBA
Except where such operations
are All times
adjacent to Residential
District
or Residential Use
75 dBA
All noise shall be muffled or otherwise controlled to prevent fluctuations above the amounts indicated. The provisions of this ordinance shall not apply to construction machinery when engaged in bona fide, temporary construction work between the hours of 7:00 a.m. and 7:00 p.m. of any day. Such hour limitations shall not apply to emergencies where immediate action is required.
The provisions of this section shall not apply to any noise which is either necessary or required by law or is made for the protection or preservation of persons or to licensed and authorized fireworks displays.
(G) ODORS. No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside their premises. The guide for determining odor measurement and control shall be Chapter NR 154 of the Wisconsin Administrative Code and amendments thereto.
(H) RADIOACTIVITY AND ELECTRICAL DISTURBANCES. No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.
(I) VIBRATION. No activity in any district shall emit vibrations which are discernible without instruments outside its premises. No activity shall emit vibrations which exceed the following displacement measured with a three-component measuring system:
Frequency
Displacement (inches)
(Cycles per second) Outside the Premises
Outside the District
0 to 10
.0020
.0004
10 to 20
.0010
.0002
20 to 30
.0006
.0001
30 to 40
.0004
.0001
40 to 50
.0003
.0001
50 and Over
.0002
.0001
(J) LIGHTING.
No exterior lighting used for parking lots, recreational facilities, product
display, or security shall be permitted to spill-over on operators of motor
vehicles, pedestrians, and uses of land in the vicinity of the light source.
These requirements shall not apply to lighting placed in a public right-of-way
for public safety.
1. Type.
Shielded luminaries, or luminaries with cutoff optics, and careful fixture
placement shall be required so as to facilitate
compliance with this section.
2. Orientation.
Exterior lighting fixtures shall be oriented so that the lighting element
(or a transparent shield) does not throw
rays onto neighboring properties. Light rays shall not be directed
into street rights-of way or upward into the atmosphere.
3. Minimum
Lighting Standards. All areas designated on approved site plans for
vehicular parking, loading, or circulation and
used for any such purpose after sunset shall provide artificial illumination
in such areas at a minimum intensity of 0.4
footcandles, exclusive of approved anti-vandal lighting. This standard
shall not apply to properties in agricultural and
single-family residential districts.
4. Intensity
of Illumination. The intensity of illumination, measured at the property
line, shall not exceed 0.5 footcandles.
5. Location.
Light fixtures shall not be permitted within required buffer yards.
6. Flashing,
Flickering, and Other Distracting Lighting which may distract motorists
is prohibited.
7. Nuisances.
Lighting which creates or becomes a public nuisance is not permitted.
8. Accent Lighting
and Low Voltage Lighting (12 volts or less) is exempt from these requirements.
9. Nonconforming
Lighting. All lighting fixtures approved prior to the adoption of
this ordinance shall be treated as and
regulated as legal nonconforming uses. (See Section 15.07)
(K) NONCONFORMING USES.
Uses lawfully existing on January 1, 2000 which do not conform to the performance
standards set forth in this section may continue as conforming uses with
legal nonconforming performance standards. No use shall be changed,
extended, enlarged or expanded unless such change, extension, enlargement,
or expansion conforms to the performance standards set forth in this section.
15.17 CITY PLAN
COMMISSION.
(A) The Common
Council shall refer to this City Plan Commission for its consideration
and report before final action is taken thereon by the Council,
any subject or matter relating to this ordinance. The City
Plan Commission shall consider and, within thirty (30) days or such longer
period as may be stipulated by the Common Council, report thereon
to the Common Council.
(B) The Commission may also, on its own motion, make such recommendations to the Council with reference to the above matters as the Commission shall deem to be advisable.
(C) The City Plan Commission shall have the following specific powers in relation to this ordinance:
(1) To define the limits of zones, only when the exact location of a zone boundary line cannot be determined from the Zoning Map and application of the rules contained in Section 15.04(A) and (B). See Section 15.04(C).
(2) To recommend the location of public utility buildings and structures in the R-A Residential Zone or the R-B Residential Zone, as required by Section 15.05(C)(3).
15.18 BOARD OF
APPEALS.
(A) The Board
of Appeals shall consist of five (5) members appointed by the Mayor, subject
to onfirmation by the Common Council, for terms of three (3) years without
compensation, except that of those first appointed, one shall serve for
one year, two for two years, and two for three years. At least one of the
members shall be a registered architect or professional engineer. Members
of the Board shall be removable by the Mayor for cause upon written charges
and after public hearing. The Mayor shall designate one of
the members Chairman. The Mayor shall appoint an alternate member for a
term of three (3) years who shall act with full power only when a member
of the Board of Appeals refuses to serve because of interest. Vacancies
shall be filled for the unexpired terms of members whose become vacant.
The Board of Appeals may employ a secretary and other employees.
(B) RULES OF BOARD. The following shall be the rules governing the conduct of the business of said Board of Appeals.
(1) Meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine.
(2) The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.
(3) All meetings of the Board shall be open to the public.
(4) The Board shall keep minutes of its proceedings showing the vote of each member upon each question (or if absent or failing to vote, indicating such fact) and shall keep records of all its hearings and examinations and other official actions, all of which shall be immediately filed in the Office of the Board and shall be a public record.
(C) APPEALS. (1) Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the City of South Milwaukee, affected by any decision of the Building Inspector.
(2) Such appeals shall be made within twenty (20) days from the date of the decision of the Building Inspector or other administrative officer appealed from. The original of such appeal shall be filed with the Board and shall specify the grounds thereof.
(3) A copy of such appeal shall be served upon the officer from whose decision the appeal is taken, and such officer shall, upon receiving the notice of such appeal, forthwith transmit to the Board copies of all papers constituting the record upon which the action appealed from was taken.
(D) STAY OF PROCEEDINGS. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
(E) HEARING OF APPEAL. Each appeal shall be heard at the next regularly scheduled meeting of the Board following publication of notice for hearing the appeal pursuant to Section 15.18(F). The Board shall schedule a meeting at least every thirty-one (31) days. Hearings shall be held at the City Hall or other designated place. All appeals shall be decided within sixteen (16) days after completion of the hearing thereon. Am. 6/3/86,1328
(F) NOTICE OF HEARING ON APPEAL. Prior to the hearing of the appeal, public notice thereof shall be given by the secretary of the Board of Appeals by advertisement in the official newspaper at least once not less than seven days before the date set for such hearing. At least three copies of such notice shall be separately posted within a 300 foot radius of the lands affected by the appeal. Written notice thereof shall also be given to the secretary to the City Building Inspector; to the appellant; to the City Clerk, who upon receipt of such notice, shall forthwith notify all members of the Common Council; and to all interested persons. Such notice shall be given not less than seven days before the date set for such hearing either by mail or by personal service as the Board shall determine.
(G) MAJORITY RULE. The concurring vote of four members of the Board shall be necessary to constitute a decision of that body upon any of the matters which it has the power to act upon.
(H) POWERS OF THE BOARD AND POWERS RESERVED TO THE COMMON COUNCIL. No action of the Board of Appeals shall have the effect of permitting in a zone any use not specifically permitted in that zone. The Common Council reserves to itself the authority to review and consider all applications for a use variance. The Board of Appeals shall have the following powers:
(1) To hear and decide appeals wherein it is alleged there is error in any order, requirement, decision, determination made by the Building Inspector.
(2) To hear and decide special exceptions to the area requirements of this Zoning Code.
(3) To authorize, upon appeal in specific cases, such variance from the area requirements of this ordinance as will not be contrary to the public interest, where, owing to special conditions, peculiar to a specific lot or tract of land, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, so that the spirit of this ordinance shall be observed and substantial justice be done. In every case where a variance from the regulations imposed by this ordinance has been granted by the Board of Appeals, the minutes of the Board shall affirmatively show that an "unnecssary hardship" exists, and the records of the Board shall clearly show in what particular and specific respects an "unnecessary harship" is created.
(4) To forward to the Common Council any applicaton for a variance from the use restrictions of this Zoning Code. Repl. and Recr. 4/16/02, 1817
(I) EXERCISE OF POWERS. In exercising the above mentioned powers, the Board of Appeals may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal was taken; provided that the Board shall make and sign legal findings of fact based upon credible evidence in the record.
(J) COURT REVIEW. The court review of any determination of the Board of Appeals shall be as provided by Section 62.23, Subsections (1) to (15), inclusive, Wisconsin Statutes.
(K) The Board of Appeals shall have the power to call on any of the other City Departments for assistance in the performance of its duties, and it shall be the duty of such other department to lend all such assistance as may be reasonably required.
15.19 (A) SPECIAL
USES ZONING. Cr. 8/17/82, 1196
(1) PURPOSE
- CATEGORIES. The development and execution of this title is
based upon the division of the City into districts, within
which the use of land and buildings or structures as related to the land
are essentially uniform. It is recognized, however, that there are special
uses which, because of their unique character cannot be properly classified
in any particular district or districts without consideration, in each
case, of the impact of those uses upon the neighborhood and upon the public
need for the particular use. Such special uses fall into two categories:
(a) Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.
(b) Uses entirely private in character, but of such nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2) AUTHORIZATION. The Board of Appeals may authorize the Building Inspector to issue a Special Use Permit following a public hearing, reviews and determination of findings pursuant to the appeals procedure outlined in Section 15.18.
(3) EXISTING USES. Any use located in a district wherein such use is classified as a special use and which existed prior to August 31, 1982, is declared to be a conforming special use.
(4) CHANGES AND AMENDMENTS - APPLICATION REQUIRED. No permit for expansion, alteration in the arrangement, change in use, or in any condition or restriction imposed on the original special use permit shall be issued until an application for amendment of the special use permit has been filed and considered in accordance with all procedures set forth in Section 15.18.
(5) VACANT, ABANDONED OR DISCONTINUED SPECIAL USES. Special uses which are vacant, abandoned or discontinued for a period exceeding two years must receive Board of Appeals approval to reinstate their use.
(B) SPECIAL EXCEPTIONS.
(1) PROHIBITED USES. The following uses of land are specifically prohibited except as provided under this section: Sex bookstores, motion picture devices showing sex movies, and cabarets featuring nude or semi-nude dancers, strippers, or similar type of entertainment.
(2) PURPOSE AND INTENT. It is declared to be the purpose and intent of this section to protect the public health, safety, welfare and morals of the community, to promote the stability of property values, and impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community. In recognition of the protection afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this section to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their lack of morals upon the rest of the community; and further recognizing that those parts of a community, which become centers of loose moral conduct, frequently become places of rowdiness, criminality, and indecent behavior. It is further the belief that just as advertising is designed to stimulate one's appetite for desiring goods or a service, an overabundance of and preoccupation with sexual displays or material arouses the appetites of those so preoccupies and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health, safety and welfare of the community.
(3) DEFINITIONS.
(1) For
the purpose of this section "specified sexual activities" is defined as:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of human genitals, public region,
buttock or female breast.
(2) For the purpose of this chapter "specified anatomical areas" is defined as:
(a) Less than completely and opaquely covered:
1. Human genitals pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola;
and
(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(4) BOOK SALES. No person, firm, or corporation shall establish any bookstore or book department of a store in which a substantial or significant portion of its stock in trade is in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in Section 15.19(B)(3) except as provided in Section 15.19(B)(7).
(5) MOVIES. No person, firm, or corporation shall offer for viewing through motion picture devices any movie or other form of display which has significant displays of specified sexual activities, or specified anatomical areas, except as provided in Section 15.19(B)(7).
(6) CABARETS. No person, firm, or corporation shall feature or permit topless dancers, bottomless dancers, exotic dancers, strippers or persons engaged in specified sexual activities or similar entertainers, except as otherwise provided in Section 15.19(B)(7).
(7) EXCEPTIONS.
(1) Such use or uses as prohibited in this section may be waived, provided that such building is not located within 500 feet of any residential dwelling, room unit, school, hospital, church, or stores which may be frequented by children under the age of eighteen. This prohibition may be waived if the person applying for the waiver files with the Common Council a petition of the proposed regulated use signed by 51% of the persons owning, residing, or doing business within a radius of 500 feet of the location of the proposed use. The petitioner shall attempt to contract all eligible locations within this radius, and must maintain a list of all addresses at which no contact was made. A minimum of 100 responses is required. In the event that the 500 feet radius is not sufficiently populated to provide 100 residences and/or business places eligible to respond, the radius will be increased in increments of 100 feet until there is an area large enough to contain 100 eligible residences and/or business places. In addition to these conditions, such use shall be subject to final approval by the Zoning Board of Appeals in the same respect as a special use permit.
(2) Any person dissatisfied with the action of the Zoning Board of Appeals under this section may appeal the decision to the Common Council for quasijudicial capacity, at which hearing parties may present evidence, cross examine witnesses, and in other ways be afforded the rights of due process. Appeal from the Common Council decision in its quasijudicial capacity shall be to the Circuit Court of Milwaukee County.
(A) Before commencing with the execution of any work pertaining to the erection, construction, alteration or addition to any building, a building permit shall be secured from the Building Inspector by the owner or his agent, and it shall be unlawful to commence such work unless such permit shall have been obtained and the provisions of the building, health, or other ordinances or regulations of the City of South Milwaukee affecting the premises shall have been complied with.
(B) No vacant land shall be occupied or used and no building hereafter erected or altered shall be occupied or used until a certificate of occupancy shall have been issued by the Building Inspector.
Under such rules and regulations as may be established by the Common Council, the Building Inspector may issue a temporary certificate of occupancy for part of a building.
Upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this ordinance, certifying after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.
(C) Application for a permit to build or certificate of occupancy shall be made in writing by the owner or his agent upon blank forms furnished by the Building Inspector.
All applications for a building permit shall be accompanied by a plat of survey, in duplicate, drawn to scale, showing the lot, existing structures, the proposed location and elevation of the building or buildings on the lot, accurate dimensions of building and lot, the location of the center line or lines of adjoining street or streets, 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 as may be necessary to provide for the enforcement of this ordinance. The survey plat shall also show the existing property corner and building corner elevations, plus all elevations of buildings on the lot or adjoining lots when accompanying an application for interior remodeling, or for an accessory building, the plat of survey shall be certified by a registered surveyor. The lot corners and proposed building corners shall be staked on the ground before construction is begun. Like information shall be presented on aid drawing showing the location and use of the building, if any, on adjoining lots, within forty (40) feet of the side lot line.
The application shall state the name and address of the owner of the building to be erected; the name and address of the owner of the premises; the name and address of the architect or professional engineer and the name and address of the contractor; a description of the land by lot, block, name of the subdivision or the metes and bounds description, and the street upon which said site is located; the size and kind of building; the intended use of the building or site; the zone within which said lot lies; the value of the proposed building, and such other information as is necessary to provide for the enforcement of this ordinance.
(D) The Building Inspector shall, within a reasonable time, investigate each application, and if it complies with the City Ordinances and with the rules prescribed, the permit or the certificate of occupancy shall be granted.
(E) If the Building
Inspector shall find at any time that this ordinance is not being complied
with, he shall revoke the permit by written notice posted on
the building site or on the premises. When such permit is revoked,
it shall be unlawful to do any further work upon such building or use said
premises until the permit or the certificate of occupancy is
reissued, excepting such work as the Building Inspector shall
order is to be done as a condition precedent to the reissuance of the permit
or certificate of occupancy.
15.21 CHANGES
AND AMENDMENTS.
(A) The
Common Council of the City of South Milwaukee may from time to time amend,
supplement, or change by ordinance the boundaries of zones
or the regulations herein established. Any proposed changes
shall first be submitted to the City Plan Commission for its recommendation
and report.
(B) Any amendment, supplement, or change may be proposed by petition of any interested landowner or may be initiated directly by the Common Council of the City of South Milwaukee.
(C) In case a protest against a proposed amendment, supplement, or change is presented, duly signed and acknowledged by the owners of 20% or more of the frontage proposed to be altered, or by the owners of at least 20% of the frontage immediately in the rear thereof, or by the owners of at least 20% of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by a 3/4 vote of the Common Council.
15.22 ENFORCEMENT
AND PENALTIES.
(A) The provisions
of this ordinance shall be enforced by or under the direction of the City
Building Inspector, who in person or by duly authorized agent,
shall have the right to enter upon any premises affected by
this section reasonable hours for the purpose of inspection.
(B) Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall, upon conviction, forfeit not less than $1.00 nor more than $200.00 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the House of Correction or County Jail of Milwaukee County until such forfeiture and costs are paid, but not to exceed sixty (60) days for each violation. Each day that a violation continues to exist shall constitute a separate offense.
In addition to the penalty above provided, any such person, firm, company or corporation shall, upon conviction, comply with the provisions of this ordinance. Upon failure to so comply, such person, firm, company or corporation shall be subject to appropriate action, initiated by the City Attorney or Building Inspector, to prevent, enjoin, abate, or remove such violation under the laws of the State of Wisconsin in such cases made and provided.
(C) In any such action, the fact that a permit shall have been issued by any officer, board or department of the City of South Milwaukee shall not constitute a defense, nor shall an error, oversight or dereliction of duty on the part of any public official, body or department constitute a defense.
15.23 SEVERABILITY OF ORDINANCE PROVISIONS. Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
15.24 REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in any manner conflicting with the terms of this ordinance are repealed to the extent of such conflict.
15.25 EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect and be in force from and after its passage and publication.
15.30 HISTORIC PRESERVATION COMMISSION. Cr. 04/07/93, 1534
(1) PURPOSE AND INTENT. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this section is to:
A. Effect and accomplish the protection, enhancement, and perpetuation of such improvements, sites and districts which represent or reflect elements of the (city's) cultural, social, economic, political and architectural history.
B. Safeguard the City's historic and cultural heritage, as embodied and reflected in such historic structures, sites and districts.
C. Foster civic pride in the notable accomplishments of the past.
D. Stabilize and improve property values.
E. Protect and enhance the City's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.
F. Improve and enhance the visual and aesthetic character of the City.
G. Educate the public regarding the need and desirability of a City historic preservation program and its enhancement of the quality of life.
(2) DEFINITIONS. The definitions shall be as follows:
A. Certificate of Appropriateness means the certificate issued by the commission approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.
B. Commission means the Historic Preservation Commission created under this section.
C. Historic district is an area designated by the Common Council on recommendation of the Commission, that contains two or more historic improvements or sites.
D. Historic site means any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this section, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.
E. Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as a historic structure pursuant to the provisions of this chapter.
F. Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.
G. Improvement parcel is the unit of property which includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes. Provided, however, that the term "improvement parcel" shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
(3) HISTORIC PRESERVATION COMMISSION. A Historic Preservation Commission is hereby created, consisting of seven (7) members. Of the membership, 6 shall be citizens and one shall be an alderman. Whenever possible , of the citizen members, one shall be a historian; one shall be a licensed real estate broker; and one shall be an architect. Each citizen member shall have, to the highest extent practicable, a known interest in historic preservation. The Mayor shall appoint the citizen Commissioners subject to confirmation by Common Council. The Common Council President shall appoint the Alderman member. Of the initial citizen members so appointed, two shall serve a term of one year, two shall serve a term of two years, and two shall serve a term of three years. Thereafter, the term for each citizen member shall be three years. Repl. & Rec. 6/5/07, 1942
(4) HISTORIC STRUCTURE, HISTORIC SITE AND HISTORIC DISTRICT DESIGNATION CRITERIA.
A. For purposes of this ordinance, a historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the City such as historic structures, sites, or districts which:
1. Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or
2. Are identified with historic personages or with important events in national, state or local history; or
3. Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or
4. Are representative of the notable work of a master builder, designer or architect who influenced his age; or
5. Have yielded, or may be likely to yield, information important to prehistory or history.
B. The
Commission shall adopt specific operating guidelines for historic structure,
historic site and historic district designation providing such are in conformance
with the provisions of this ordinance.
(5) POWERS AND DUTIES.
A. Designation. The Commission shall pursuant to subsection (6) hereof recommend the designation of historic structures and historic sites and historic districts within the city limits. Such recommendations shall be made based on the criteria established in this Section 15.30. A recommendation to designate historic structures, sites and districts may be approved or rejected by the Common Council. Once designated, such historic structures, sites and districts shall be subject to all the provision s of this chapter. Repl. & Rec. 6/5/07. 1942
B. Regulation of Construction, Reconstruction, Alteration and Demolition.
1. No owner or person in charge of a historic structure, historic site or structure within a historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. Also, unless such certificate has been granted by the Commission, the Building Inspector shall not issue a permit for any such work.
2. Upon filing of any application for a Certificate of Appropriateness with the Commission, the Commission shall approve the application unless:
a. In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;
b. In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;
c. In the case of any property located in a historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this chapter and to the objectives and design criteria of the historic preservation plan for said district;
d. The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and state;
e. The building or structure is of such old and unusual or uncommon design, texture, and/or material that it could not be reproduced without great difficulty and/or expense;
f. In the case of a request for a demolition permit, the denial of the demolition permit would result in the loss of all reasonable and beneficial use of or return from the property; or
g. In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.
3. If the Commission determines that the application for a Certificate of Appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the Certificate of Appropriateness. The commission shall make this decision within forty-five (45) days of the filing of the application.
4. The issuance of a Certificate of Appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the Certificate of Appropriateness required for the proposed work.
5. Compliance with Certificates of Appropriateness shall be started within twelve (12) months after the issuance of the certificate, and the work shall conform to the provisions of the certificate. Failure to comply with a Certificate of Appropriateness or failure to obtain a Certificate of Appropriateness shall be a violation of this section. In addition to other penalties and remedies, the City shall issue a stop work order, and all work shall cease on the designated property.
6. Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.
C. Appeals. Should the Commission fail to issue a Certificate of Appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the (Common Council) within thirty (30) days. In addition, if the Commission fails to issue a Certificate of Appropriateness, the Commission shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a Certificate of Appropriateness within the guidelines of this ordinance.
D. Recognition of Historic Structures, Sites and Districts. At such time as a historic structure, site or district has been properly designated, the commission may cause to be prepared and erected on such property at City expense, a suitable plaque declaring that such property is a historic structure, site or district. Such plaque shall be so placed as to be easily visible to passing pedestrians.
(6) PROCEDURES.
A. Designation of Historic Structures, Historic Sites and Historic Districts.
1. After application of the criteria in Section (4) above and after notice and public hearing, the Commission may recommend to the Common Council the designation of historic structures, historic sites and historic districts, or may recommend the Common Council rescind such designation. At least ten (10) days prior to such hearing, the Commission shall notify the owners of record, as listed in the office of the City Assessor, who are owners, of property in whole or in part proposed to be designated as historic structures of sites and the owners of property in whole or in part situated within two hundred (200) feet of the boundaries of the property affected or within the boundaries of the proposed historic district. These owners shall have the right to confer with the Commission prior to final recommendation by the Commission on the designation. Notice of such hearing shall also be published as Class I Notice, under the Wisconsin Statutes. The Commission shall also notify the following: Common Council, Fire and Police Departments, Health Department, Building Inspector, Plan Commission and the Community Development Authority. Each such Department/Commission may respond to the Commission with its comments on the proposed designation or rescission. In any recommendation to the Common Council, the Commission shall note any known objections to the proposed designation. Repl. & Rec. 6/5/07, 1942
2. The Commission shall conduct the public hearing and, in addition to the notified persons, may hear expert witnesses. The Commission may conduct an independent investigation into the proposed designation or rescission. Following the public hearing, the historic preservation commission shall vote to recommend, reject or withhold action on the plan. This recommendation shall be forwarded to the city Plan Commission and the Common Council. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the City Clerk, Building Inspector, Plan Commission, and the City Assessor. The Common Council shall cause the designation or rescission to be recorded in the County Register of Deed office. Repl. & Rec. 6/5/07, 1942
B. Creation of Historic District.
1. For preservation purposes, the Historic Preservation Commission shall select geographically defined areas within the city to be designated as Historic Districts and shall, with the assistance of the City Engineer, prepare a historic preservation plan for each area. A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the City, after application of the criteria in Section (4) above. Each historic preservation plan prepared for or by the Historic Preservation Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.
2. Review and Adoption Procedure.
a. Historic Preservation Commission. The Historic Preservation Commission shall hold a public hearing when considering the plan for a Historic District. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 Notice under the Wisconsin Statutes in the official City paper. Notice of the time, place and purpose of the public hearing shall also be sent by the City Clerk to the Alderman of the Aldermanic District or Districts in which the Historic District is located, and the owners of record, as listed in the office of the City Assessor, who are owners of the property within the proposed Historic District or are situated in whole or in part within two hundred (200) feet of the boundaries of the proposed Historic District. Said notice is to be sent at least ten (10) days prior to the date of the public hearing. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan.
b.
The Common Council. The Common Council, upon receipt of the recommendations
from the Historic Preservation Commission shall hold a public hearing,
notice to be given as noted in subparagraph a. above and shall following
the public hearing either designate or reject the Historic District.
Designation of the Historic District shall constitute adoption of the plan
prepared for that district and direct the implementation of said plan.
(7) INTERIM CONTROL. No building permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission or the Common Council unless such alteration, removal or demolition is authorized by formal resolution of the Common Council as necessary for public health, welfare or safety. In no event shall the delay be for more than one hundred eighty (180) days.
(8) CONFORMANCE WITH REGULATIONS. Every person in charge of a historic structure, historic site or improvement in a Historic District shall maintain same or cause or permit it to be maintained in a condition consistent with the provisions of this ordinance. The Common Council may appoint the Building Inspector or any other individual or group of individuals to enforce this ordinance.
(9) PENALTIES FOR VIOLATIONS. Any person or persons violating any provision of this section shall be fined two hundred dollars ($200.00) for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.
(10) EMERGENCY CONDITIONS. In any case where the Building Inspector determines that there are emergency conditions dangerous to life, health or property affecting a historic structure, site or a property in a historic district, the Building Inspector may order the remedying of these conditions without the approval of the Commission. The Building Inspector shall promptly notify the commission of the action being taken. When the emergency conditions do not require demolition, the Building Inspector shall make every effort to carry out the intent of this ordinance and to use the design guidelines of the Commission when remedying the emergency conditions.
(11) SEPARABILITY.
If any provision of this chapter or the application thereof to any person
or circumstances is held invalid, the remainder of this chapter and the
application of such provisions to other persons or circumstances shall
not be affected thereby.
15.31 SIGNS. Cr. 9/18/07, 1946
A. PURPOSE AND INTENT
The purpose of the sign regulations of the Ordinance are to promote the effective use of signs as a means of communication; to maintain and enhance the aesthetic environment of the City; to promote pedestrian and vehicular safety and to protect property values by minimizing the adverse effects of signs.
B. SEVERABILITY
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
C. DEFINITIONS AND SPECIFICATIONS
1. ABANDONED SIGN. A sign structure that is no longer being used for the display of sign copy, or is advertising a business or establishment that is no longer in operation.
2. AWNING. An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or
fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources. Awnings made of vinyl and plastic are prohibited.
3. AWNING SIGN. A sign displayed on or attached flat against the surface or surfaces of an awning. The copy of awning signs shall not exceed an area equal to 25 percent of the background area of the awning.
4. BACK-LIT AWNING. An awning with a translucent covering material and a source of illumination contained within its framework.
5. BANNER. A sign utilizing a flexible material such as plastic or cloth as its display surface.
6. BILLBOARD. A sign which advertises goods, products or facilities not necessarily on the premises where the sign is located.
7. CANOPY. A multi-sided overhead structure supported by columns, but not enclosed by walls.
8. CANOPY SIGNS. Signs affixed to the fascia or soffit of a canopy. The copy of canopy signs shall not exceed an area equal to 25 percent of the background area of the canopy wall.
9. CENTRAL BUSINESS DISTRICT. For the purpose of this code section the central business district shall be defined as all parcels zoned C-3 Central Business District.
10. CHANGEABLE SIGN. A sign with the capability of content change by means of manual or remote input, including signs which are:
a) Manually activated. Changeable sign whose message copy or content can be changed manually
b) Electrically activated. Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface.
11. COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content of message of a sign, excluding numerals identifying a street address only.
12. DEVELOPMENT COMPLEX SIGN. Sign identifying a multiple-occupancy development, such as a shopping center or planned industrial park, which is controlled by a single owner or landlord.
13. DIRECTIONAL SIGN. Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
14. DOUBLE –FACED SIGN. A sign with two faces, back to back. For the purposes of calculating sign area, double-faced signs shall be calculated as one sign face.
15. EXTERIOR SIGN. Any sign placed outside a building.
16. FREESTANDING SIGN. A sign supported by a structure, pole, or column placed on the ground and not supported by a building.
17. FRONTAGE (Building). The length on an exterior building wall or structure of a single premise oriented to the public way or other properties that it faces.
18. FRONTAGE (Property). The length of the property line(s) of any single premise along either a public way or other properties on which it borders.
19. ILLUMINATED SIGN. A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).
20. MARQUEE. A marquee is a permanent structure projecting beyond a building designed to provide protection from the weather.
21. MARQUEE SIGN. A sign attached to a marquee.
22. MENU BOARD. A freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window.
23. MONUMENT. A sign, mounted directly to the ground or pavement.
24. MULTIPLE-FACED SIGN. A sign containing three or more faces.
25. ON-PREMISE SIGN. A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
26. POLE SIGN. A sign that is affixed, attached or erected on a single pole that is designed to support and elevate the sign.
27. PYLON SIGN. A sign that is affixed, attached or erected on a square or rectangular base that is designed to support and elevate the sign.
28. POST AND PANEL. A sign consisting of more than one post or support member with the sign face located between and supported by such members.
29. PROJECTING SIGN. A sign other than a wall sign that is attached to or projects more than 12 inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
30. ROOF SIGN. A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs.
31. SIGN. A communication device, structure or fixture that incorporates graphics, symbols, trademarks, trade names, letters, or numerals which is created or designed to promote the sale of a product, commodity or service or to provide direction or identification to a premise or facility. Religious displays or holiday decorations are not considered signs.
32. SANDWICH BOARD. A sign which consists of two panels hinged or attached at the top or side designed to be moved and stand on the ground.
33. SIGN AREA. The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face.
34. SIGN COPY. Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
35. SIGN FACE. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
36. TEMPORARY SIGN. A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
37. WALL OR FASCIA SIGN. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 12 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building façade or to the face or faces of the architectural projection to which it is affixed. No sign shall extend wider or higher than existing building line.
38. WINDOW SIGN. A sign affixed to or adjacent to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
D. PERMITS
Signs in excess of the physical limits or placement restrictions herein specifically allowed are permitted only after receipt of a permit from the Building Inspector.
1. Submittal Requirements – Permit application requirements shall be determined by the Building Inspector and shall include:
a) Name, address, and telephone number of the applicant.
b) Location of building, structure, or lot upon which the sign is to be attached or erected.
c) Name or person, firm, corporation, or association erecting the sign.
d) A site plan showing the location and the position of such sign in relation to nearby buildings, public streets and City right-of-way.
e) A color copy of the sign indicating dimensions, material type, type of illumination, and method of construction and attachment.
f) Additional information as required by Building Inspector.
2. Fees – Sign Permit fees shall be non-refundable and paid in accordance with Common Council Administrative Fee Schedule.
3. Special Exception – A special exception may be granted by the Plan Commission from the provisions of this chapter if it is determined that certain site or building characteristics or physical characteristics of the sign due to its unique design render compliance with the provisions of this chapter unreasonable.
E. GENERAL PROVISIONS
1. Signs in right-of-way. No sign other than an official traffic sign or a sign approved under Section H shall be erected closer than 2 feet of the face of curb.
2. Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of 10 feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height of 15 feet. The furthermost part of a projecting sign shall be at least 24 inches from the street curb.
3. Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
4. Computation of frontage. If a premise contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.
5. Maintenance, repair and removal. Every sign permitted by this ordinance shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the code official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof or the person or firm using same shall, upon written notice by the code official forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this ordinance, or shall remove it. If within 10 days the order is not complied with, the code official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.
6. Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy removed within six months of discontinuing such use on the property and removed within 30 days after written notification from the municipal code official unless a Special Exception is granted pursuant to Section D(3). Upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
1. Existing Nonconforming signs.
a) The lawful use of a permanent sign existing at the time of the adoption of this ordinance may be continued in non-conformance with the requirements of this ordinance, except that the nonconforming sign shall not be enlarged, altered, modified, improved or rebuilt. A nonconforming sign may be repaired to the extent necessary to maintain it in a safe condition and neat and orderly appearance. A change in the advertising message on a billboard or electronic message board shall not constitute an alteration or modification of the sign provided no other modifications are made.
b) No structural repair or change in shape, size or design shall be permitted except to make a non-conforming sign comply with all requirements of this ordinance or to render the sign structurally sound. Routine maintenance and changing of copy shall be permitted as long as such maintenance or changing of copy does not result in or change the shape, size, or design.
c) A nonconforming sign structure may not be replaced by another nonconforming sign structures, except where changed conditions beyond the control of the owner warrant the signs repair and a Special Exception pursuant to Section D(3).
d) Any change in ownership, tenancy, or occupancy of premises shall necessitate that the signs be brought into conformance with the requirements of this code unless a Special Exception is granted pursuant to Section D(3).
2. Sign height. Height shall be measured for the grade adjacent to the sign.
3. Construction. Signs shall be constructed to withstand a 40 lb. wind load.
4. Illumination. Whenever an external artificial light source is used for a sign, such source shall be located, shielded, and directed so as not to be directly visible from any public street or private residence. No receptacle or devise housing a permitted light source for a sign shall protrude more than 18 inches from the face of the sign or building to which it is attached. Any illuminated sign located on a lot abutting or across a street from, and visible from, any residentially zoned area shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. except that such sign may remain illuminated during such time as the activity to which the sign pertains is open for business so long as such sign is not a public or private nuisance.
5. Landscaping. A landscape island shall be required for all freestanding signs. The landscaped area shall be no less than 32 square feet and shall have a border formed by stone, brick, landscape timber or any other material approved by the building inspector. The landscape island shall be maintained on an annual basis.
F. ALLOWED SIGNS.
The following signs shall be exempt from Section D requiring a sign permit, but shall be subject to all other applicable provisions of this code in addition to the conditions listed below.
1. Permanent Signs
a) Address Numbers – Address numbers and residential name plates provided they are no more than one square foot in area.
b) Window Signs – Signs displayed in the window of a commercial or industrial use advertising products sold on premise provided:
(i) sign must be located on inside of window
(ii) a maximum of 50% of the window area is covered with signage
c) Official Signs – Signs including street signs, parking signs, legal notices or any other sign erected by city, county or state government on lands owned by the City of South Milwaukee or upon city right-of-way.
d) Directional Signs – Signs displaying directional information on non-residential property provided they are no more than 3 square feet in area.
e) Bulletin Boards – Church or institutional bulletin boards provided:
(i) bulletin board is no more than 12 square feet in area
(ii) freestanding sign is located 10 feet from any lot line
2. Temporary Signs
The following sign types shall be considered temporary and allowed except where prohibited in Section G. Illumination, animation or mechanical activity of these signs is not permitted.
a) Rummage Sale – Signs promoting rummage sales, lawn sales, garage sales provided:
(i) sign is no more than 5 square feet
(ii) sign is erected for no longer than 5 days
(iii) sign is removed within 24 hrs of end of sale
(iv) sign is not located on City right-of-way
b) Real Estate – Real Estate signs promoting a sale or lease of land or property provided:
(i) one sign per parcel
(ii) sign is no more than 6 feet in height for residential and 10 feet for commercial/industrial
(iii) sign is no more than 9 square feet for residential property and 32 square feet for commercial/industrial
(iv) sign shall be removed within 10 days of the date of sale
c) Construction and Development – Signs promoting the construction or development of a project including but not limited to buildings, subdivisions, businesses provided:
(i) one sign per street frontage
(ii) sign area is no more than 32 square feet
(iii) sign display time is limited from the date approval is granted to 48 hours after occupancy is granted
d) Political – Freestanding Political Signs as regulated per Wis. Stat. 12. 04 provided sign is not located in the City right-of-way.
e) Promotional Signs – Temporary signs displayed to advertise special promotions, events, sales or grand openings, including mini air balloons, streamers, pennants, banners, window painting, hand-lettered or hand-drawn signs are allowed provided:
(i) such signs shall not be displayed for more than 30 consecutive days and shall be kept in good condition at all times.
(ii) promotional window signs combined with permanent window signage shall be limited to 50% of window area.
(iii) signs shall be removed not more than five days after the advertised event
(iv) maximum size of any sign is 32 square feet
(v) signs are not located in the city right-of-way unless approved by the municipal official
f) Sandwich Boards – sandwich boards as defined in Section C provided:
(i) sign is no more than six (6) square feet, excluding supports, and no more than two (2) feet wide
(ii) sign is only displayed during hours of operation
(iii) sign does not interfere with pedestrian movement as determined solely by the municipal official
(iv) sign is placed as near as possible to the front or back of a parking stall where stalls are identified on pavement
(v) sign is not hand drawn or lettered except where specials may be displayed on a temporary surface
3. Mobile Signs.
A mobile sign is one that is not affixed to a permanent foundation or attached to a building that advertise products or sales on premise provided:
a) sign area is no more than 32 square feet
b) sign is no more than 10 feet in height
c) sign is not located in a residential zone
d) sign shall be secured in a manner to prevent injury to persons or property
e) sign is not located in the city right-of-way
G. SIGNS PROHIBITED IN ALL DISTRICTS
1. Roof signs
2. Billboards
3. Pole signs
4. Signs resembling traffic signs or signals or that otherwise interfere with traffic.
5. Signs with obscene messages.
6. Signs erected or attached by nailing, fastening or affixing the sign in any manner to trees, shrubs, posts, utility poles, natural features, official street signs, or traffic control signs.
7. Signs which, in the judgment of the Building Inspector, pose a a traffic danger by virtue of flashing, blinking or animation.
8. Revolving, rotating or otherwise moving signs.
9. Signs that are attached to a vehicle and which are located in the public way, obstruct the driver’s vision or pose a traffic danger.
H. SIGNS IN PUBLIC RIGHT-OF-WAY
No sign shall be erected on lands owned by the City of South Milwaukee or in the public right-of-way without approval of the Common Council, except as otherwise allowed herein.
I. RESIDENTIAL DISTRICT REGULATIONS
The following sign requirements pertain to all residential districts and residential uses in non-residential districts.
1. Home Occupation – Signs used to advertise a home occupation shall not exceed 3 square feet. Sign must be attached to the primary dwelling and shall not be illuminated.
2. Multi-Unit Developments – Developments including subdivisions, apartment complexes, condominium complexes shall provide one monument sign per street frontage no greater than 32 square feet in area and no taller than 8 feet in height. Sign shall be located a minimum of five feet from any lot line. Where possible, sign shall incorporate building materials into the sign structure. Sign shall not be internally illuminated.
3. Other Signs – Signs not to exceed 3 feet square or a total of a multiple of signs in excess of 3 feet square.
4. Churches, Schools and Institutions – A special exception will be required for all signs other than those regulated under Section F(1)(e) if the sign would otherwise not be permitted as a non-church, school or institution located in a residential district.
J. COMMERCIAL AND INDUSTRIAL DISTRICT REGULATIONS
Signs in all commercial and industrial districts except the Central Business District shall be regulated by the following provisions:
1. Total sign square footage permitted for each commercial or industrial site shall be one square foot per lineal foot of parcel frontage. Frontage shall be defined per Section C.
2. The total number of signs for each parcel shall not exceed two, except as follows:
a) A parcel with over 150 ft. of lineal frontage may have a third sign provided the total permitted sign area is not exceeded.
b) Price signs for gasoline stations are exempt from the total sign square footage limitation, but shall be limited to 24 square feet in area and shall be limited to one sign per street front.
c) Each non residential occupant which has a separate entrance shall be allowed a minimum of one sign.
3. Permitted Signs by Type.
a) Freestanding Signs – Freestanding signs including but not limited to pylon signs, monument signs, post and panel signs shall be permitted provided:
(i) Freestanding signs shall be permitted on every parcel that has no fewer than 4 parking spaces.
(ii) The sign shall be located no closer than 10 feet from a property line.
(iii) The maximum area for a freestanding sign is 75 square feet.
(iv) The maximum height for a freestanding sign shall be 15 feet.
b) On Building Signs – On building signs including but not limited to wall signs, projecting signs, awning signs shall be permitted provided:
(i) The maximum area for an on building sign is 50 square feet except for projecting signs, which is 25 square feet.
K. CENTRAL BUSINESS DISTRICT REGULATIONS
Signs in the Central Business District shall be regulated by the following provisions:
1. Total sign square footage permitted for each commercial site shall be 1.5 square foot per lineal foot of parcel frontage. Frontage shall be defined per Section C.
2. The total number of signs for each parcel shall not exceed two, except as follows:
a) Each non residential occupant which has a separate entrance shall be allowed a minimum of one sign.
b) Price signs for gasoline stations are exempt from the total sign square footage limitation, but shall be limited to 24 square feet in area and shall be limited to one sign per street front.
c) Each occupant that has a rear entrance open to the public shall be entitled to one wall sign not to exceed 5 square feet.
d) Each business which fronts more than one street shall be allowed one sign in addition to those permitted in this section.
3. Permitted Signs by Type
a) Freestanding Signs – Freestanding signs including but not limited to canopy signs, pylon signs, monument signs, post and panel signs shall be permitted provided:
(i) Freestanding signs shall be permitted on every parcel that has no fewer than 4 parking spaces.
(ii) The sign shall be located no closer than 5 feet from a property line.
(iii) The maximum area for a freestanding sign is 50 square feet.
(iv) The maximum height for a freestanding sign shall be 15 feet.
a) On Building Signs – On building signs including but not limited to wall signs, projecting signs, awning signs shall be permitted provided:
(i) The maximum area for an on building sign is 50 square feet except for projecting signs, which is 20 square feet.
(ii) No sign shall be located higher than the sill of any second floor window.
H. DEVELOPMENT COMPLEXES
All single owner controlled multiple occupancy development complexes on parcels exceeding one acre in size, such as shopping centers or industrial parks shall submit a master sign plan prior to the issuance of a new sign permit. The plan shall establish standards and criteria for all signs in the complex and shall provide the following information:
1. Proposed sign locations
2. Materials
3. Type of Illumination
4. Design of freestanding structure
5. Size
6. Quantity
7. All future sign permit applications shall conform to the master sign plan
8. Every multiple occupancy development shall be entitled to one freestanding sign per street front for identification of the development complex. No business identification shall be permitted on the development complex sign. Sign must not exceed 25 feet in height.
9. Existing commercial development complexes shall use Section J for new or replacement signs by individual tenants.
I. ENFORCEMENT AND PENALTIES
1. Any person, firm, company or corporation who fails to comply with the provisions of this ordinance shall be subject to appropriate action, initiated by the city attorney or building inspector, to prevent, enjoin, abate, or remove such violation.
2. In any such action, the fact that a permit shall have been issued by any officer, board, or department of the City of South Milwaukee shall not constitute a defense, nor shall an error, oversight or dereliction of duty on the part of any public official, body or department constitute a defense.
3. In addition, any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be subject to prosecution of Municipal Court for such violation. Upon conviction, the forfeiture shall be not less than $25.00 nor more than $200.00 per day for each offense, together with the costs of prosecution. Each day that a violation continues to exist shall constitute a separate offense.
15.35 MORATORIUM ON CHECK CASHING, PAYDAY LOAN, CAR TITLE, CASH LOAN/ADVANCE SERVICE AND SIMILAR SHORT-TERM CREDIT ESTABLISHMENTS
Repealed 8/17/10, 2008
15.75 WETLAND ORDINANCE. Cr. 06/20/95, 1616
15.75 - 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE
1.1 STATUTORY AUTHORIZATION
This ordinance is
adopted pursuant to the authorization in sections 62.23 and 62.231 Wis.
Stats.
1.2 FINDING OF FACT
AND PURPOSE
Uncontrolled
use of the shoreland-wetlands and pollution of the navigable waters of
the municipality would adversely affect the public health, safety, convenience,
and general welfare and impair the tax base. The Legislature of Wisconsin
has delegated responsibility to all municipalities to:
(1) Promote the public health, safety, convenience and general welfare;
(2) Maintain the storm and flood water storage capacity of wetlands;
(3) Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4) Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
(5) Prohibit certain uses detrimental to the shoreland-wetland area; and
(6) Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.
15.75 - 2.0 GENERAL PROVISIONS
2.1 COMPLIANCE
The use of
wetlands and the alteration of wetlands within the shoreland area of the
municipality shall be in full compliance with the terms of this ordinance
and other applicable local, state or federal regulations. (However, see
section 4.0 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.
2.2 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.
2.31 ABROGATION AND
GREATER RESTRICTIONS
This ordinance
supersedes all the provisions of any municipal zoning ordinance enacted
under sections 62.23 Wis. Stats., which relate to floodplains and shoreland-wetlands,
except that where another municipal zoning ordinance is more restrictive
than this ordinance, that ordinance shall continue in full force and effect
to the extent of the greater restrictions, but not otherwise.
2.32 This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
2.4 INTERPRETATION
In their interpretation
and application, the provisions of this ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the municipality
and shall not be deemed a limitation or repeal of any other powers granted
by the Wisconsin Statutes. Where a provision of this ordinance is required
by a standard in chapter NR 117, Wis. 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.
2.5 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.
15.75 - 3.0 SHORELAND-WETLAND ZONING DISTRICT
SHORELAND-WETLAND ZONING MAPS
The following maps are hereby adopted and made part of this ordinance and are on file in the office of the municipal Clerk:
(1) Wisconsin
Wetland Inventory maps stamped "FINAL" on April 5, 1989.
(2) Floodplain
zoning maps titled FIRM Flood Ins. Rate Map City of South Milwaukee dated
April 15, 1980.
(3) United
States Geological Survey maps dated 1976.
(4) Zoning
maps title Zoning Map City of South Milwaukee and dated December 1992.
DISTRICT BOUNDARIES
3.21 The shoreland-wetland zoning district includes all wetlands in the municipality which are three and one-half (3-1/2) acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance and which are:
(1) Within one thousand (1,000) feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigible if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance.
(2) Within three hundred (300) feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this ordinance. Floodplain zoning maps adopted in section 3.1(2) shall be used to determine the extent of floodplain areas.
3.22 Determinations of navigability and ordinary high-water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark.
3.23 When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in section 3.24 and 3.25, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.
3.24 FILLED WETLANDS
Wetlands which
are filled prior to April 15, 1989, the date on which the municipality
received final wetland inventory maps, in a manner which affects their
wetland characteristics to the extent that the area can no
longer be defined as wetland, are not subject to this ordinance.
3.25 WETLANDS LANDWARD
OF A BULKHEAD LINE
Wetlands located
between the original ordinary high water mark and a bulkhead line established
prior to May 7, 1982 under s. 30.11, Stats. are not subject to this ordinance.
3.3 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:
3.31 Activities and
uses which do not require the issuance of a zoning permit, provided that
no wetland alteration occurs:
(1) Hiking;
(2) The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
(3) The practice of silviculture, including the planting, thinning and harvesting of timber;
(4) The cultivation of agricultural crops; and
3.32 Uses which do not require the issuance of a permit and which may involve wetland alterations only to the extent specifically provided below:
(1) The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(2) The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(3) The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible; (all cutting or filling must be per permit issued by the City Engineer);
(4) The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(5) The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in section 6.13 of this ordinance; and
(6) The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
3.33 Uses which are allowed upon the issuance of a building permit, conditional use permit, final plat approval, and excavation or filling permit and which may include wetland alterations only to the extent specifically provided below:
(1) The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under section 3.3, of this ordinance, provided that:
(a) The road cannot, as a practical matter, be located outside the wetland;
(b) The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland listed in section 6.13 of this ordinance;
(c) The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
(d) Road construction activities are carried out in the immediate area of the roadbed only; and
(e) Any wetland alteration must be necessary for the construction or maintenance of the road.
(2) The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
(a) Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;
(b) Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
(c) The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in section 3.33(1) of this ordinance; and
(d) Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(3) The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines provided that:
(a) The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
(b) Only limited filling or excavating necessary for such construction or maintenance is allowed; and
(c) Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 6.13 of this ordinance.
3.4 PROHIBITED USES
3.41 Any use not listed in section 3.3 of this ordinance is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 6.0 of this ordinance.
3.42 The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.
15.75 - 4.0 NONCONFORMING STRUCTURES AND USES
4.1 The lawful use of a building, structure or property which existed at the time this ordinance, or an applicable amendment to this ordinance, took effect and which is not in conformity with the provisions of the ordinance, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
15.75 - 5.0 ADMINISTRATIVE PROVISIONS
5.1 ZONING ADMINISTRATOR
The City Engineer is appointed zoning administrator for the purpose of administering and enforcing this ordinance.
The zoning administrator shall have the following duties and powers:
5.11 Advise applicants as to the provisions of this ordinance and assist them in preparing permit applications and appeal forms.
5.12 Issue permits and certificates of compliance and inspect properties for compliance with this ordinance.
5.13 Keep records of all permits issued, inspections made, work approved and other official actions.
5.14 Have access to any structure or premises between the hours of 8 a.m. and 6 p.m. for the purpose of performing these duties.
5.15 Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within 10 days after they are granted or denied, to the appropriate district office of the Department.
5.16 Investigate and report violations of this ordinance to the appropriate municipal planning agency and the district attorney, corporation counsel or municipal attorney.
5.2 ZONING PERMITS
5.21 WHEN REQUIRED
Unless another
section of this ordinance specifically exempts certain types of development
from this requirement, a zoning permit shall be obtained from the zoning
administrator before any new development, as defined in section 8.2(6),
of this ordinance, or any change in the use of an existing building or
structure is initiated.
5.22 APPLICATION
An application
for a zoning permit shall be made to the zoning administrator upon forms
furnished by the municipality and shall include, for the purpose of proper
enforcement of these regulations, the following information:
(1) GENERAL INFORMATION
(a) Name,
address, and telephone number of applicant, property owner and contractor,
where applicable.
(b) Legal
description of the property and a general description of the proposed use
or development.
(c) Whether
or not a private water supply or sewage system is to be installed.
(2) SITE DEVELOPMENT PLAN
The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
(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.
5.23 EXPIRATION
All permits
issued under the authority of this ordinance shall expire twelve (12) months
from the date of issuance.
5.3 CERTIFICATES OF COMPLIANCE
5.31 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:
(1) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance.
(2) Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
(3) The certificate of compliance shall be issued within ten (10) days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this ordinance.
5.32 The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.
5.33 Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this ordinance.
5.4 CONDITIONAL USE PERMITS
5.41 APPLICATION
Any use listed
as a conditional use in this ordinance shall be permitted only after an
application has been submitted to the zoning administrator and a conditional
use permit has been granted by the Board of Appeals following the procedures
in sections 5.82, 5.83 and 5.84 of this ordinance.
5.42 CONDITIONS
Upon consideration
of the permit application and the standards applicable to the conditional
uses designated in section 3.33 of this ordinance, the Board of Appeals
shall attach such conditions to a conditional use permit, in addition to
those required elsewhere in this ordinance, as are necessary to further
the purposes of this ordinance as listed in section 1.2. 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.
5.5 FEES
The municipal
governing body may, by resolution, adopt fees for the following:
(1) Zoning permits.
(2) Certificates
of compliance.
(3) Public
hearings.
(4) Legal notice
publications.
(5) Conditional
use permits.
(6) Rezoning
petitions.
5.6 RECORDING
Where a zoning
permit or conditional use permit under this ordinance is approved, an appropriate
record shall be made by the zoning administrator of the land use and structures
permitted.
5.7 REVOCATION
Where the conditions
of a zoning permit or conditional use permit are violated, the permit shall
be revoked by the Board of Appeals.
5.81 POWERS AND DUTIES The Board of Appeals under this ordinance:
(1) Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance.
(2) Shall hear and decide applications for conditional use permits under this ordinance.
(3) May authorize upon appeal a variance from the dimensional standards of this ordinance where an applicant convincingly demonstrates:
a) That literal enforcement of the terms of the ordinance will result in unnecessary hardship for the applicant.
b) That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;
c) That such variance is not contrary to the public interest as expressed by the purpose of this ordinance and;
d) That such variance will not grant or increase any use of property which is prohibited in the zoning district.
5.82 APPEALS TO THE
BOARD
Appeals to
the Board of Appeals may be taken by any person aggrieved or by an officer,
department, board or bureau of the community affected by any order, requirement,
decision, or determination of the zoning administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as provided
by the rules of the Board by filing with the official whose decision is
in question, and with the Board of Appeals, a notice of appeal specifying
the reasons for the appeal. The zoning administrator or other official
whose decision is in question shall transmit to the Board all the papers
constituting the record on the matter appealed.
5.83 PUBLIC HEARINGS
(1) Before
making a decision on an appeal or application, the Board of Appeals shall,
within a reasonable period of time, hold a public hearing. The Board shall
give public notice of the hearing by publishing a class 2 notice under
ch. 985, Stats., specifying the date, time and place of the hearing and
the matters to come before the Board. At the public hearing, any party
may present testimony in person, by agent or by attorney.
(2) A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least 10 days prior to all public hearings on issues involving shoreland-wetland zoning.
5.84 DECISIONS
(1) The final
disposition of an appeal or application for a conditional use permit before
the Board of Appeals shall be in the form of a written decision, made within
a reasonable time after the public hearing and signed by the Board chairperson.
Such decision shall state the specific facts which are the basis of the
Board's determination and shall either affirm, reverse, or modify the order,
requirement, decision or determination appealed, in whole or in part, dismiss
the appeal for lack of jurisdiction or prosecution, or grant the application
for a conditional use under this ordinance.
(2) A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within 10 days after the decision is issued.
15.75 - 6.0 AMENDING SHORELAND-WETLAND ZONING REGULATIONS
6.1 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:
6.11 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;
6.12 All proposed text and map amendments to the shoreland_wetland zoning regulations shall be referred to the Plan Commission, and a public hearing shall be held after class II notice as required by section 62.23(7)(d)2., Wis. Stats. The appropriate district office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.
6.13 In order to insure that this ordinance will remain consistent with the shoreland protection objectives of section 144.26, Wis. 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:
(1) Storm and flood water storage capacity;
(2) Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
(3) Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4) Shoreline protection against erosion;
(5) Fish spawning, breeding, nursery or feeding grounds;
(6) Wildlife habitat; or
(7) Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
6.14 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 6.13, 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.
6.15 The appropriate district office of the Department shall be provided with:
(l) A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten (10) days after the submission of those recommendations to the municipal governing body.
(2) Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
6.16 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 6.13, 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 6.15(2) 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.
15.75 - 7.0 ENFORCEMENT
AND PENALTIES
Any development,
building or structure or accessory building or structure constructed, altered,
added to, modified, rebuilt or replaced or any use or accessory use established
after the effective date of this ordinance in violation of the provisions
of this ordinance, by any person, firm, association, corporation (including
building contractors or their agents) shall be deemed a violation. The
zoning administrator shall refer violations to the municipal planning agency
and the district attorney, corporation counsel or municipal attorney who
shall prosecute such violations. Any person, firm, association, or corporation
who violates or refuses to comply with any of the provisions of this ordinance
shall be subject to a forfeiture of not less than $100.00 nor more than
$1,000.00 per offense, together with the taxable costs of such action.
Each day of continued violation shall constitute a separate offense. Every
violation of this ordinance is a public nuisance and the creation thereof
may be enjoined and the maintenance thereof may be abated by action at
suit of the municipality, the state, or any citizen thereof pursuant to
section 87.30(2), Wis. Stats.
15.75 - 8.0 DEFINITIONS
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.
8.2 The following terms used in this ordinance mean:
(1) "Accessory structure or use" means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principle structure or use to which it is related and which is located on the same lot as that of the principle structure or use.
(2) "Boathouse" as defined in section 30.121(1), Wis. Stats., means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.
(3) "Class 2 public notice" means publication of a public hearing notice under chapter 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
(4) "Conditional use" means a use which is permitted by this ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the Board of Appeals or, where appropriate, the planning agency designated by the municipal governing body.
(5) "Department" means the Wisconsin Department of Natural Resources.
(6) "Development" means any man_made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
(7) "Drainage system" means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
(8) "Environmental control facility" means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
(9) "Fixed houseboat" as defined in section 30.121(1), Wis. Stats., means a structure not actually used for navigation which extends beyond the ordinary high_water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
(10) "Navigable waters" means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under section 144.26(2)(d), Wis. Stats., not withstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under sections 61.351 or 62.221, Wis. Stats., and chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if;
(a) Such lands are not adjacent to a natural navigable stream or river;
(b) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(c) Such lands are maintained in nonstructural agricultural use. "Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons."
(11) "Ordinary high-water mark" means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(12) "Planning agency" means the municipal plan commission created under section 62.23(1), Wis. Stats., a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.
(13) "Shorelands" means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
(14) "Shoreland-wetland district" means the zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this ordinance.
(15) "Unnecessary hardship" means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.
(16) "Variance" means an authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this ordinance.
(17) "Wetlands" means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
(18) "Wetland alteration" means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
15.80 STORM WATER MANAGEMENT ORDINANCE - STATUTORY AUTHORIZATION - FINDING OF FACT - STATEMENT OF PURPOSE AND TITLE. Cr. 03/02/99, 1732
(A) Statutory Authorization. This ordinance for storm water management is adopted pursuant to the authorization contained in Section 62.234 of the Wisconsin Statutes. The requirements of this ordinance do not pre-empt more stringent storm water management requirements that may be imposed by WPDES Storm Water Permits issued by the Department of Natural Resources under Section 147.021 Wisconsin Statutes. A variance to the requirements of this ordinance may be granted by the Board of Appeals per Wis. Stat. Sec. 92.234.
(B) Finding of Fact. The uncontrolled storm water runoff from activity within an urban community has a significant impact upon water resources and the health, safety, general welfare of the community and diminishes the public enjoyment and use of natural resources.
(C) Purpose. The purpose of this ordinance is to provide the basis for the implementation and administration of sound storm water management regulations for the City of South Milwaukee in order to:
1. Diminish threats to the public health, safety, welfare, and the aquatic environment.
2. Prevent any potentially polluting substance from entering municipal separate storm sewer systems and waters of the State.
(D) Title - South
Milwaukee Storm Water Management Code.
15.81 ILLICIT DISCHARGES, ILLEGAL CONNECTIONS, AND SPILL PREVENTION. Cr. 03/02/99, 1732
(A) DISCHARGES PROHIBITED. No person may discharge, release, spill, or dump substances or materials which are not entirely composed of storm water into receiving bodies of water or onto driveways, sidewalks, parking lots or other areas that drain into the municipal storm sewer system.
(B) EXEMPTIONS. The following activities are exempt from the provisions of this section unless found to have an adverse impact on the storm water:
1. Discharges authorized by a permit issued by the Wisconsin Department of Natural Resources.
2. Discharges resulting from fire fighting activities.
3. Discharges from uncontaminated ground water, portable water sources, roof drains, foundation drains and sump pumps, air conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing and swimming pools if the water is dechlorinated.
(C) CONNECTIONS PROHIBITED. It shall be a violation of this ordinance to connect a wastewater, building sewer or drain to the municipal storm sewer system.
(D) CLEAN-UP OF SPILLED OR ACCIDENTALLY DISCHARGED WASTES. Any persons delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as, but not limited to the following: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch-basin wastes, oil or petroleum wastes, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing the pollution to the receiving bodies of water within the City of South Milwaukee.
(E) DUTY OF NOTIFICATION. Spills or accidental release of hazardous materials or potentially polluting substances at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible person shall be reported immediately to the emergency number for the South Milwaukee Police Department 911.
(F) STORAGE OF POLLUTING SUBSTANCES. It shall be unlawful for any person or persons to store any potentially polluting substances unless such substances are stored in such manner as to securely prevent them from escaping onto the groung surface and/or into any street, municipal separate storm sewer system, ditch or drainage way, or receiving body of water within the City of South Milwaukee.
(G) ENFORCEMENT.
(1) The City Engineer or her/his designee shall have the administrative responsibility for the enforcement of this ordinance. In addition to enforcing this ordinance by means of a forfeiture action in municipal court, the City Engineer is hereby authorized to seek any judicial remedy he deems necessary under the circumstances including injunctive relief.
(2) Civil Penalties.
(a) Any person(s) who has violated or continues to violate any provision of this chapter, or order issued by the City Engineer to enforce the provisions of this ordinance shall be liable to South Milwaukee for a maximum forfeiture of $25,000 per violation, per day. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The City Engineer is authorized to issue a municipal citation for any offense under this ordinance as well as any other judicial or administrative action which, in his/her judgment, may be appropriate.
(b) The City Engineer is authorized to institute an action at law to recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages and clean-up expenses incurred by South Milwaukee.
(c) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained by the violator through the violation, corrective actions by the violator, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a violator.
(3) Criminal Prosecution. Penalties shall be as provided by State Statues.
(4) Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The City Engineer may take any, all, or any combination of these actions against a violator.
15.85 CONSTRUCTION SITE EROSION CONTROL. Cr. 01/03/95, 1600; Renumbered 07/18/95, 1619.
(I) AUTHORITY. These regulations are adopted under the authority granted by Sections 62.23(7), 87.30 and 144.26 of the Wisconsin Statutes. Therefore the Common Council of the City of South Milwaukee do ordain as follows:
(II) FINDINGS AND PURPOSE. The Common Council finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of this state and the waters of the City of South Milwaukee.
It is the purpose of this Ordinance to preserve the natural resources; to protect the quality of the waters of the state and the City of South Milwaukee; and to protect and promote the health, safety, and general welfare of the people of the City of South Milwaukee to the extent practicable, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes streams, and wetlands.
(III) DEFINITIONS.
A. Construction Site Control Measure. A control measure used to meet the requirements of Section 15.85(5) of this Ordinance.
B. Control Measure. A practice or combination of practices to control erosion and attendant pollution.
C. Control Plan. A written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirements of the Site Construction Erosion Control provisions of this Ordinance submitted by the applicant for review and approval by the City.
D. Erosion. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
E. Land Developing Activity. The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
F. Land Disturbing Activity. Any man-made change of the land surface including removing vegetation cover, excavating, filling and grading, but not including agricultural activities such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscape modifications.
G. Landowner. Any person holding title to or having an interest in land.
H. Land User. Any person operating, leasing, renting or having made other arrangements with the landowner authorizes use of his or her land.
I. Runoff. The rainfall, snowmelt, or irrigation water flowing over the ground surface.
J. Set of One-Year Design Storms. The rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12, and 24 hours that occur approximately once per year. The following are typical characteristics of these one-year storms in most of Wisconsin:
Storm
Average Rain
Duration
Intensity Total Rain
(Hours)
(Inches/Hour) (Inches)
0.5 1.8
0.9
1
1.1
1.1
2
0.7
1.3
3
0.5
1.5
6
0.3
1.7
12
0.2
2.0
24
0.1
2.3
K. Site. The entire area included in the legal description of the land upon which a land disturbing or land development activity is proposed in a land disturbing permit application.
(IV) APPLICABILITY. Any land disturbing activity shall be subject to the erosion and sediment control provisions of this Ordinance, if:
A. A Subdivision is Plat, requiring review and approval by the City of South Milwaukee would result, or if construction of buildings on platted lots results;
B. A Certified Survey Map, requiring review and approval by the City of South Milwaukee would result, or if construction of buildings on certified survey map lots results;
C. An Area of 4,000 square feet or greater will be disturbed by excavation, grading, filling, or other earth-moving activities, resulting in a loss or removal of protective ground cover, vegetation; or
D. Excavation, fill, or any combination thereof, will exceed 400 cubic yards; or
E. Any Public (Federal, state or local) street, road or highway is to be constructed enlarged, relocated or substantially reconstructed; or
F. Any Water Course is to be changed, enlarged, or materials are removed from a stream or lake bed; or
G. Any Utility Work in which underground conduits, piping, wiring, waterlines, sanitary sewers, storm sewers, or similar structures will be laid, repaired, replaced or enlarged, if such work involves more than 300 linear feet of earth disturbance.
(V) CONTROL OF EROSION AND POLLUTANTS DURING LAND DISTURBANCE AND DEVELOPMENT. Any landowner, land occupier, or land user performing an activity described in Section 15.85(4) of this Ordinance shall comply with the following standards and criteria.
A. General Erosion Control Standard. All erosion control measures required to comply with this Ordinance shall meet the design criteria, standards, and specifications identified by the City of South Milwaukee City Engineer.
B. Maintenance of Control Measures. All sediment basins and other control measures necessary to meet the requirements of this Ordinance shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.
C. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope chambers, hydro-cyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate. If the water is demonstrated to have no particles greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the City of South Milwaukee City Engineer. Water may not be discharged in a manner that causes erosion of the site or receiving channels.
D. Waste and Material Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.
E. Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private roadway shall be removed by street cleaning (not flushing) before the end of each workday.
F. Drain Inlet Protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.
G. Site Erosion Control. The following criteria apply only to land development and land disturbing activities that result in runoff leaving the site:
(1) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described in this Section. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for the set one year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. Guidelines of the U. S. Soil Conservation Service for allowable velocities in different types of channels should be followed.
(2) All activities on the site shall be conducted in a logical sequence to minimize the area of bare ground exposed at any one time.
(3) Runoff from the entire disturbed area on the site shall be controlled by meeting either subparagraphs (a) and (b) below, or subparagraphs (a) and (c) below
(a) All disturbed ground left inactive for seven (7) or more calendar days
shall be stabilized by seeding or sodding, or by
mulching or covering, or other equivalent control measures. Seeding or
sodding should be done prior to September 15th to be
effective.
(b) For sites with more than ten (10) acres disturbed at one time, or if
a channel originates in the disturbed area, one or more
sedimentation basins shall be constructed Each sedimentation basin shall
have a surface area of at least one (1) percent of
the area draining to the basin and at least three (3) feet of depth, and
shall be constructed in accordance with accepted
design specifications. Sediment shall be removed to maintain a depth of
three (3) feet. The basin shall be designed to trap
sediment greater than 15 microns in size, based on the set of one (1) year
design storm having durations from 0.5 to 24
hours. The basin discharge rate shall also be sufficiently low as to not
cause erosion along the discharge channel or the
receiving water.
(c) For sites with less than ten (10) acres disturbed at one time, filter
fences, straw bales, or equivalent control measures
shall be placed along all sideslope and downslope sides of the site. If
a channel or area of concentrated runoff passes
through the site, filter fences shall be placed along the channel edges
to reduce sediment reaching the channel.
(4) Any soil or dirt storage piles containing more than ten (10) cubic yards of material should not be located with a downslope length of less that twenty-five (25) feet to a roadway or drainage channel. If remaining for more than seven (7) calendar days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven (7) calendar days shall be controlled by placing straw bales or filter fence barriers around the pile.
In-street utility repair or construction dirt or soil storage piles located closer than 25 feet to a roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven (7) calendar days, and the storm drain inlets must be protected with straw bales or other appropriate filtering barriers.
(5) The City Engineer is may also require any other erosion control method in all circumstances other than or in addition to those described above where in his/her professional judgment such additional measures are appropriate due to the applicable circumstances.
(VI) PERMIT APPLICATION. CONTROL PLAN. AND PERMIT ISSUANCE. No landowner or land user may commence a land disturbing or land development activity subject to this Ordinance without receiving prior approval of a control plan for the site and a Land Disturbing Permit from the City Engineer. At least one landowner or land user control ling or using the site and desiring to undertake a land disturbing or land development activity subject to the terms of this Ordinance shall submit an application for a permit and a control plan and the applicable permit fee to the City Engineer. By submitting the application, the applicant is authorizing the City Engineer or his agent to enter the site to obtain information required for review of the control plan.
A. Contents of the Control Plan for Land Disturbing Activities Covering More Than One Acre. The control plan shall contain any information which the City Engineer may need to determine soil erosion, and sedimentation potential and control. The City Engineer may require the following, as well as any other information which, in his judgment, is needed to evaluate the control plan:
(1) Existing
Site Map. A map of existing site conditions at a scale of not smaller than
one (I) inch equals 100 feet showing
the following:
(a) Site boundaries and adjacent lands which accurately identify site location;
(b) Location of lakes, streams, wetlands, channels, ditches, and other
water courses on and immediately adjacent to the
site;
(c) The limits and elevations of the 100-year recurrence interval floodplain,
and, where applicable, floodway and flood fringe
boundaries;
(d) Location of predominant soil types;
(e) Vegetative cover;
(f) Location and dimensions of existing stormwater drainage systems and
natural drainage patterns on and immediately
adjacent to the site;
(g) Location and dimensions of existing utilities, structures, roads, highways,
and paving; and
(h) Site topography with a maximum contour interval of five (5) feet.
(2) Plan
of Final Site Conditions. A plan of final site conditions at the same scale
as the existing site map scale be prepared
which shows the proposed changes in the site.
(3) Site
Construction Plan. A site construction plan of the site prepared at a scale
of not smaller than one (1) inch equals
100 feet showing the following:
(a) Locations and dimensions of all proposed land disturbing activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Location and dimensions of all construction site management control
measures necessary to meet the requirements of
this Ordinance;
(d) A schedule of anticipated starting and completion dates of each land
disturbing activity, including the dates of installation
of construction site control measures necessary to meet the requirements
of this Ordinance; and
(e) Provisions for maintenance of the construction site control measures
during construction.
B. Contents of the Control Plan Statement for Land Disturbing Activities Covering Less Than One Acre. Landowners and land users performing minor land disturbing activities (less than one acre) shall prepare an erosion control plan statement with a simple sketch drawn to a scale not smaller than I inch equals 100 feet which briefly describes the site erosion control measure that will be used to meet the requirements if this Ordinance. The erosion control plan statement shall also include a site development schedule.
C. Review of the Control Plan. Within forty-five (45) calendar days of the receipt of the application, control plan or control plan statement, and fee, the City Engineer shall review the application and control plan to determine if the requirements of this Ordinance have been met. The City Engineer shall approve the plan and issue the permit. If the requirements of this Ordinance have not been met, the City Engineer shall inform the applicant in writing and may either require resubmission of the plan with additional information or deny the permit. Within thirty (30) calendar days of the submission of a revised plan, the City Engineer shall again determine if the plan meets the requirements of this Ordinance. If the plan is disapproved, the City Engineer shall inform the applicant in writing of the reasons for disapproving the plan.
D. Permits.
(1) Duration. Land Disturbing permits shall be valid for a period of 180 calendar days, or the length of the building permit or other construction authorizations, whichever is longer, from the date if issuance. The City Engineer may extend the permit period one or more times for up to an additional 180 days. The City Engineer may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this Ordinance.
(2) Surety Bond. As a condition of approval and issuance of the Land Disturbing Permit, the City Engineer may require the applicant to deposit an appropriate irrevocable letter of credit or cash bond to guarantee the faithful execution of the approved control plan and permit conditions. The form of the letter of credit or cash bond shall be such that it is readily available for City use without any restrictions and as approved by the City Attorney.
(3) Permit Conditions. All permits shall require the permittee to:
(a) Notify the City Engineer within two (2) working days before commencing
any land disturbing activity;
(b) Notify the City Engineer within fourteen (14) calendar days after completing
any land disturbing activity and/or the
completion of installation of any onsite detention facility;
(c) Obtain written permission from the City Engineer prior to modifying
the approved control plan;
(d) Install all control measures as identified in the approved control
plan;
(e) Maintain all road drainage systems, stormwater drainage systems, control
measures, and other facilities identified in the
control plan;
(f) Repair any situation or erosion damage to adjoining surfaces and drainageways
resulting from land disturbing and land
development activities;
(g) Inspect the construction control measures after each rain of 0.5 inches
or more or at least once each week, and make
needed repairs;
(h) Allow the City Engineer or his agent to enter the site for the purpose
of inspecting for compliance with the approved
control plan or for performing any work necessary to bring the site into
compliance with the approved control plan; and
(i) Keep a copy of the approved control plan on the site at all times.
(VII) INSPECTION. The City Engineer shall inspect construction sites at least once each month during the period starting March 1 and ending October 31 and at least twice each month during the period beginning November 1 and ending February 28 to ensure compliance with the approved control plan. If land disturbing and land development activities are being carried out without a permit, the City Engineer shall institute the appropriate enforcement action.
(VIII) ENFORCEMENT.
A. The City may Post a Stop-Work Order if any land disturbing or land development activity regulated by this Ordinance is undertaken without a permit; the control plan is not being implemented in a good faith manner; or the conditions of a permit are not being met.
B. If the Permittee Does Not Cease the activity or comply with the control plan or permit conditions within five (5) calendar days after being notified, the City may revoke the permit.
C. Where No Permit Has Been Issued and the landowner or land user fails to cease within five (5) calendar days, the City Engineer issue or cause to be issued a citation imposing a forfeiture for each day such failure continues.
D. The Common Council or the Zoning Board of Appeals may retract a stop-work order or a permit revocation.
E. Five (5) Calendar Days After Posting a stop-work order, the City may issue to the landowner or land user a notice of intent to perform work necessary to comply with the erosion control requirements of this Ordinance. The City may enter onto the land and commence the required work after fourteen (14) calendar days from issuing the notice of intent. In the event circumstances make it impractical to give 14 days notice, the City may give such notice as the circumstances may dictate and on the failure of the landowner to commence and complete the required work the City may commence and/or complete the work. The costs of the work performed by the City, plus interest at the rate authorized by the Common Council, shall be billed to the landowner or land user. In the event a landowner or land user fails to pay the amount due, the City Clerk shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to Section 66.60(16) of the Wisconsin Statutes.
F. Any Person Violating any of the erosion control provisions of this Ordinance or any order issued to enforce this ordinance shall be subject to a forfeiture of not less than One Hundred Dollars ($ 100.00) nor more than One Thousand Dollars ($ 1000.00) together with the costs of prosecution for each offense. Each day a violation continues to exist shall constitute a separate offense.
G. Compliance with the erosion control provisions of this Ordinance may also be enforced by injunction.
(IX) APPEALS. The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is an error in any order, decision, or determination made by the City Engineer in administering this Section. Upon appeal, the Board of Appeals may issue variances from the provisions of this Section which are consistent with the findings required for variances of this Ordinance. The Board of Appeals shall use the rules, procedures, duties and powers authorized by law in hearing and deciding appeals and authorizing variances. Any applicant, permittee, landowner, or land user may appeal any order, decision, or determination made by the City Engineer in administering this Section.
15.95 FLOOD PLAIN REGULATIONS.
(1) STATUTORY AUTHORIZATION- FINDING OF FACT- STATEMENT OF PURPOSE AND TITLE.
(A) Statutory Authorization. This ordinance for flood plain protection is adopted pursuant to the authorization contained in Sections 62.23 and 59.97 and 87.30 of the Wisconsin Statutes.
(B) Finding of Fact. The uncontrolled use of the flood plains, rivers or streams of the City of South Milwaukee, Wisconsin adversely affect the public health, safety, convenience and general welfare and impairs the tax base of the city.
(C) Statement of Purpose. The purpose of these rules is to provide a uniform basis for the preparation, implementation and administration of sound flood plain regulations for all flood plains in the City of South Milwaukee to:
1. Protect life, health and property.
2. Minimize expenditures of public monies for costly flood control projects.
3. Minimize rescue and relief efforts.
4. Minimize business interruptions.
5. Minimize damage to public facilities on the flood plains such as water mains, sewer lines, streets and bridges.
6. Minimize the occurrence of future flood blight areas on flood plains.
7. Discourage the victimization of unwary land and home buyers.
8. Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners.
9. Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
(D) Title - South Milwaukee Flood Plain Ordinance.
(2) GENERAL PROVISIONS.
(A) Areas to be Regulated. Areas regulated by this ordinance include all lands, within the corporate limits of the City of South Milwaukee, Wisconsin, that would be inundated by the "regional flood" defined in the DEFINITIONS of this ordinance.
(B) District
Boundaries. The boundaries of the flood plain districts and where shown
the floodway districts shall be those areas designated on the Flood Boundary and
Floodway Map reflecting the profiles contained in the Flood Insurance Study for
the City of South Milwaukee, Wisconsin. This map, dated April 15, 1980, is the
Official Flood Plain Zoning Map for the community and has been approved by the
Department of Natural Resources and the Federal Emergency Management Agency (FEMA) and is on file in the Office
of the City Administrator. Am. 3/17/81, 1146
(C) Official Maps & Revisions. The
boundaries of all floodplain districts are designated as floodplains or A-Zones
on the revisions in the South Milwaukee Floodplain Appendix. Any change to the
base flood elevations (BFE) in the Flood Insurance Study (FIS) or on the Flood
Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA
before it is effective. No changes to regional flood elevations (RFE’s) on
non-FEMA maps shall be effective until approved by the DNR. These maps and
revisions are on file in the office of the City Engineer, City of South
Milwaukee. If more than one map or revision is referenced, the most restrictive
information shall apply.
(D) Locating Floodplain Boundaries. Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in paragraphs (a) or (b) below. If a significant difference exists, the map shall be amended according to Section 9. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to Section 7 (D)(3) and the criteria in (a) and (b) below.
(a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies.
(b) Where flood profiles do not exist, the location of the boundary shall be determined by the map scale, visual on-site inspection and any information provided by the Department.
Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to Section 9(A)(6).
(E) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s.13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies.
1. Establishment of Districts. The flood plain areas within the jurisdiction of this ordinance are hereby divided into three districts: The Floodway District (FW), Flood Fringe Districts (FF), and General Flood Plain District (GFP) defined as follows:
a. The Floodway District consists of the channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood waters or flood flows of any river or stream associated with the regional flood.
b. The Flood Fringe District consists of that portion of the flood plain between the regional flood limits and the floodway area.
c. The General Flood Plain District consists of the land which has been or may be hereafter covered by flood water during the regional flood and encompasses both the Floodway and Flood Fringe Districts.
Within these districts, all uses not listed as PERMITTED USES shall be prohibited.
2. The flood plain boundary lines on the map shall be determined by the use of the scale appearing on the map. Where there is a conflict between the flood plain boundary illustrated on the map and actual field conditions, the dispute shall be settled according the Section 7(D)(3) of this ordinance.
3. Compliance with the provisions of this ordinance shall not be grounds for the removal of lands from the flood plain district unless such lands are filled to a height of at least two feet above the elevation of the “regional flood” for the particular area and are contiguous to other lands lying outside the flood plain district, approval has been granted by the Department of Natural Resources pursuant to Section 9 of this ordinance, and where required, an “official letter of map amendment: has been issued by the Federal Emergency Management Agency.
(F) Effect of Flood Plain District Regulations. The regulations set forth in this ordinance for flood plain, flood fringe and floodway districts shall apply to all flood plains, flood fringes and floodways mapped on the “Official Flood Plain Zoning Map”. [See Definition (39)]
(G) Compliance. No new use or change in use of any structure, land or water shall be located, extended, converted or structurally altered, and no development as defined in this ordinance shall commence without full compliance with the terms of this ordinance and other applicable regulations.
(H) Abrogation and Greater Restrictions.
1. This ordinance supersedes all the provision of any municipal zoning ordinance enacted under ss. 59.69, 59.692, or 59.694 for counties; s.62.23 for cities; s. 61.35 for villages; or s. 87.30, Stats., which relate to floodplains. If another ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2. It is not otherwise intended by this ordinance to repeal, abrogate or impair any existing deed restrictions, however, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
(I) Interpretation. In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance.
(J) Annexed Areas for Cities and Villages. The Milwaukee County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality’s official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway.
(K) General Development Standards. The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing and air condition equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance.
(L) Warning and Disclaimer of Liability. The degree of flood protection intended to be provided by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man made or natural causes such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside flood plain zoning district boundaries or land uses permitted within such districts will always be totally free from flooding or flood damages nor shall this ordinance create a liability on the part of or a cause of action against the City of South Milwaukee or any officer or employee thereof for any flood damage that may result from reliance on this ordinance.
(M) Severability. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
(N) Special Provisions Applicable to All Flood Plain Districts.
1. No developments shall be allowed in floodway areas which, acting alone or in combination with existing or future similar uses, cause an increase equal to or greater than 0.1 foot in height of the regional flood for any main stem, tributaries to the main stem of any stream, drainage ditches or any other drainage facilities. Said increase shall be calculated using an equal degree of hydraulic encroachment from the hydraulic floodway lines for a hydraulic reach on both sides of a river or stream. Increases equal to or greater than 0.1 foot may be permitted but only if amendments are made to this ordinance, the official floodway lines, water surface profile and flood plain zoning maps pursuant to Section 9 of this ordinance;
2. No developments in flood fringe areas shall materially affect the storage capacity of flood plains based upon an equal degree of hydrologic encroachment (volume of the storage area which is lost). For the purpose of this subsection, “materially” is defined as any increase in discharge of the regional flood which causes a rise in the water surface profile of 0.1 foot. Such development may be permitted only if amendments are made to this ordinance pursuant to Section 9 herein;
3. All subdivision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever is the lesser, shall include within the means to provide adequate surface drainage and to minimize flood damage. Where the estimated cost of such development exceeds $75,000, and for all subdivision proposals, the applicant shall provide all necessary computations to show the effects of the proposal(s) on flood heights, velocities and flood plain storage. The provisions of Section 7(E) shall apply hereto.
4. Utility facilities such as dams, flowage areas, transmission lines, pipelines and water monitoring devices are permitted subject to regulations pursuant to Chapter 30, and 31, Wisconsin Statutes, and applicable federal regulations.
5. A map showing location and details of vehicular access to lands outside the floodplain; and
6. A surface drainage plan showing how flood damage will be minimized.
7. Navigational and drainage aids such as channels, channel markers, buoys and other such devices are permitted provided that prior to any alteration or relocation of a watercourse, the City Administrator shall notify adjacent communities, the Department of Natural Resources and the Federal Emergency Management Agency (FEMA) and require the applicant to secure necessary permits. The flood carrying capacity within the altered or relocated portion of any water course shall be maintained.
8. Other water related uses such as docks, piers, wharves, bridges, culverts and river crossings of transmission lines are permitted subject to any pier or dockline regulations or any other regulations that are required pursuant to Chapter 30, and Chapter 31, Wisconsin Statutes, and applicable federal regulations.
9. The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase regional flood heights 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of sub. (10) are met.
10. Obstructions or increases equal to or greater than 0.01 foot may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with Section 9.0.
Note: This section refers to obstructions or increases in base flood elevations as shown on the officially adopted FIRM or other adopted map. Any such alterations must be reviewed and approved by FEMA and the DNR.
(3) 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.
(4) REGIONAL FLOODWAY DISTRICT (FW)
(A) APPLICABILITY. The provisions of this section shall apply to all areas within the Regional Floodway District as shown on the Official Flood Plain Zoning Maps and to the floodway portion of the General Flood Plain District as determined pursuant to Section 7(E) of this ordinance.
(B) DESCRIPTION OF DISTRICT. The Regional Floodway District shall include mapped floodway areas so designated on the Official Flood Plain Zoning Map [See Definition (39)] showing the regional flood limits which are based on the Flood Hazard Boundary Maps or Flood Insurance Study Maps prepared by the Federal Emergency Management Agency (FEMA). All such maps shall be approved by the Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
(C) PERMITTED USES. The following open space uses having a low flood damage potential and not obstructing flood flows shall be permitted within the Floodway District and in the floodway portion of the General Flood Plain District provided that they are not prohibited by any other ordinance and provided further that they meet all of the standards contained in Section 4 (D) and an occupancy permit has been issued by the Building Inspector.
1. Nonstructural, industrial, commercial uses such as loading areas, parking areas, airport landing strips.
2. Nonstructural private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fish hatcheries, fishing areas and hiking trails.
3. Uses or structures accessory to open space uses.
4. Marinas, boat rentals, docks, piers, wharves.
5. Railroads, streets, bridges, pipelines and other water related uses such as culverts and river crossings of transmission and other public utility lines and any uses subject to regulations pursuant to Chapter 30 and Chapter 31, Wisconsin Statutes.
6. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting.
7. Uses or structures accessory to open space uses, or classified as historic structures that comply with Section 4(D).
8. Extraction of sand, gravel or other materials that comply with Section 4 (D)(8).
(D) STANDARDS FOR DEVELOPMENTS.
1. Any development in floodway areas shall comply with Section 2 and have a low flood damage potential.
2. Applicants shall provide the following data to determine the effects of the proposal according to Section 2:
a) A cross-section evaluation view of the proposal, perpendicular to the watercourse, showing if the proposed development will obstruct flow; or
b) An analysis calculating the effects of this proposal on regional flood height.
3. The zoning administrator shall deny the permit application if the project will increase flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for par. (b) above.
4. All of the provisions of Section 2 (N) shall apply hereto.
5. Structures which are accessory to permitted open space uses or functionally dependent on a waterfront location may be permitted providing the structures:
a. Are not designed for human habitation.
b. Have a low flood damage potential.
c. Are to be constructed and placed on the building site so as to offer minimum obstruction to the flow of flood waters. Whenever possible, structures will be constructed with the longitudinal axis parallel to the direction of flow of flood waters and will be placed with their longitudinal axes approximately on the same line as those adjoining structures.
d. Are firmly anchored to prevent them from floating away and restricting bridge openings or other restricted sections of the stream or river.
e. Have all service facilities such as electrical and heating equipment at or above the flood protection elevation for the particular area.
6. Uses permitted by the Department of Natural Resources pursuant to Chapters 30 and 31, Wisconsin Statutes, provided that the necessary permits are obtained and amendments approved by the City of South Milwaukee to the official floodway lines, water surface profiles, flood plain zoning maps and flood plain zoning ordinance.
7. Public utilities, streets and bridges provided that:
a. Adequate flood proofing measures are provided to the flood protection elevation.
b. Construction shall not cause any increase of 0.1 foot or greater in the height of the regional flood.
c. The City of South Milwaukee amends its water surface profiles, flood plain zoning maps and flood plain zoning ordinances to reflect any changes resulting from such ordinances. DNR and FEMA must approve any amendments to water surface profiles, etc. prior to the amendment becoming effective.
8. Fills or deposition of materials may be permitted provided that:
a. The provisions of Section 2(N)(1) are met.
b. Fill or deposition of materials does not encroach on the channel area between the ordinary high water mark on each bank of the stream unless a permit has been granted by the Department of Natural Resources pursuant to Chapter 30, Wisconsin Statues, and a permit pursuant to Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met.
c. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling and/or bulkheading sufficient to prevent erosion and leachate.
9. The fill is not classified as a solid or hazardous material.
(5) REGIONAL FLOOD FRINGE DISTRICT (FF)
(A) APPLICABILITY. The provisions of this section shall apply to all areas within the Regional Flood Fringe District as shown on the official flood plain zoning maps and to those portions of the General Flood Plain District that are determined to be in the flood fringe area pursuant to Section 7 (E) of this ordinance.
(B) DESCRIPTION OF DISTRICT. The Regional Flood Fringe District shall include the “A” Zones so designated on the Official Flood Plain Zoning Map showing the regional flood limits which are based on the Flood Hazard Boundary Maps or Flood Insurance Study Maps prepared by the Federal Emergency Management Agency. All such maps shall be approved by the Department of Natural Resources and the Federal Emergency Management Agency.
(C) PERMITTED USES. The following uses shall be permitted uses within the Flood Fringe District and flood fringe portions of the General Flood Plain District.
1. Any structures, land use or development may be permitted to the extent that they are not prohibited by this or any other ordinance or any other federal, state or local regulations and provided that an occupancy permit has been issued by the Building Inspector.
(D) STANDARDS FOR DEVELOPMENT IN FLOOD FRINGE AREAS.
1. All of the provisions of Section 2 (H) shall apply hereto.
2. Residential Uses.
Any habitable structure, including a manufactured home, which is to be erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or exceed the following standards:
a. The elevation of the lowest floor, excluding the basement or crawlway, shall be at or above the flood protection elevation on fill. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical;
b. The basement or crawlway floor may be placed at the regional flood elevation if it is floodproofed to the flood protection elevation. No basement or crawlaway floor is allowed below the regional flood elevation;
c. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in par. (d).
d. In developments where existing street or sewer line elevations make compliance with par. (c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if:
1) The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or
2) The municipality has a natural disaster plan approved by Wisconsin Emergency Management and the Department.
3.
Accessory Structures or Uses.
a) Except as provided in par. (b), an accessory structure which is
not connected to a principal structure may be constructed with its lowest
floor at or above the regional flood elevation.
b) An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and it meets all of the provisions of Sections 4 (D)(5) and 5 (D).
4. Commercial. In commercial areas, any structure or building which is to be erected, constructed, reconstructed, added to or moved into the flood fringe area shall meet the requirements of Section 4D(2)(a). Certain yards, parking lots and other accessory land uses may be at lower elevations if an adequate warning system exists to protect life and property. However, no such area in general use by the public shall be inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood.
5. Public Utilities, Streets and Bridges.
All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and
a) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed in compliance with Section 7 (F) to the flood protection elevation;
b) Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation.
6. Sewage Systems.
All on-site sewage disposal systems shall be floodproofed, pursuant to Section 7(F), to the flood protection elevation and shall meet the rovisions of all local ordinances and ch. COMM 83, Wis. Adm. Code.
7. Wells.
All wells shall be floodproofed, pursuant to Section 7 (F), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code.
8. Solid Waste Disposal Sites.
Disposal of solid or hazardous waste is prohibited in floodfringe areas.
9. Deposition of Materials.
Any deposited material must meet all the provisions of this ordinance.
10. Manufactured Homes.
(a) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities.
(b) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall:
1. have the lowest floor elevated to the flood protection elevation; and
2. be anchored so they do not float, collapse or move laterally during a flood.
(c) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in Section 5 (D)(2).
11. Mobile Recreational Vehicles.
All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in Section 5 (D)(10). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached addition.
12. Manufacturing and Industrial.
Manufacturing and industrial buildings, structures and accessory uses shall be elevated or flood proofed in accordance with Section 6E to two feet above the regional flood elevation. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be lower elevations subject to requirements set out in Section 5 (D)(4).
13. The storage or processing of materials that are buoyant, flammable, explosive, or which in times of flooding could be injurious to human, animal, or plant life, shall be at or above the flood protection elevation for the particular area or flood proofed in compliance with Section 7 (F) of this ordinance.
14. Utilities
Construction and substantial improvements to utilities may be permitted provided that they are flood proofed to the flood protection elevation pursuant to Section 6(E).
15. Permitted Uses
Pursuant to Section 7 (E) it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in floodway Section 4 (C) and floodfringe areas Section 5 (C) are allowed within the general floodplain district, according to the standards of Section 4 (D), provided that all permits or certificates required under Section 7 (A) have been issued.
(6) NONCONFORMING USES.
(A) GENERAL. Insofar as the standards in this section are not inconsistent with the provisions of Section 62.23 (7)(h), Wisconsin Statutes, they shall apply to all nonconforming uses. The existing lawful use of structure or building or its accessory use or accessory structure which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions:
1. No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words “modification” and “addition” shall include but not be limited to any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include any costs associated with the repair of a damaged structure.
The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure.
2. If a nonconforming use is discontinued for 12 consecutive months, any future use of the structure or building shall conform with the appropriate provisions of this ordinance for floodway and flood fringe areas.
3. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure’s total current value those modifications represent;
4. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with Section 5 (D)(2). The costs of elevating a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph;
5. (a) Except as provided in sub. (D)(2), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition exceeds 50% of the structure’s present equalized assessed value.
(b) For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under applicable FEMA regulations (44CFR Part 60), or the regulations promulgated thereunder.
6. A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as a historic structure, the alteration will comply with Section 4(D), flood resistant materials are used, and construction practices and floodproofing methods that comply with Section 7 (F) are used.
(B) FLOODWAY AREAS.
1. No modifications or additions shall be allowed to any existing structures which are not in compliance with permitted floodway standards or uses unless such modifications or additions meet all of the following criteria:
a. The modifications or additions to a structure will not increase the amount of obstruction to flood flows pursuant to Section 4 (D) of this ordinance.