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Zoning Code Purpose
The zoning ordinance regulations are adopted to give the city land use control to guide the orderly development of land within the city. The ordinance regulates the use of land, as well as the size and placement of buildings on the land, allowable signage, and parking. The zoning code includes a list of regulations that determines the type of uses that may be located on the property according to its zoning classification. The ordinance also establishes dimensional standards, e.g. setbacks, height, and lot area, for buildings under a particular zoning classification.
Use Regulations
No building shall be erected or altered nor shall any building or premises be used for any purpose other than that permitted in the zoning district in which such building or premises is located. Properties in residential districts have limited uses that maintain the residential character of the neighborhood.
Height, Area and Setback Regulations
No building or structure shall be erected, enlarged, or altered to exceed in height, cover more area, or encroach in setbacks in any manner except in conformity to the regulations for the district.
Off-Street Parking
One and two-family dwellings require a minimum of two off-street parking spaces per dwelling unit that are directly accessible from a driveway and that are not in the required front yard setback area. Paved or gravel driveways shall be properly located and set back from property lines as required.
Home Occupation
A home occupation is permitted in residential districts only if the occupation is limited to the legal occupants and no employees or customers are brought to the residence. Also, the manufacturing, receiving and shipment of goods at the residence is not allowed if such occupation causes a nuisance by not maintaining the residential character of the neighborhood.
Yard/Garage Sales
The holding of up to three yard/garage sales per year is allowed on a residential property. It is the policy of the Inspection Division that holding sales for more than three weekends or 6 days a year is a violation of the Residential Use Regulation in that the property is being used as a business.
Signs
Signs in residential districts are limited to real estate signs for sale or rent of the property and no larger than 6 sq. ft. in area. Political message signs on behalf of candidates for public office are allowed and shall be no larger than 11 sq. ft. and removed within three days following the election.
Yard/garage sale signs may be displayed during the event only and no larger than 11 sq. ft. in area.
The above allowed signs in residential districts are restricted to private property and shall not be located in any public rights-of-way, terrace (between sidewalk and curb), on utility poles and in public parks or other public property. Signs on corner lots shall not be located on the property within 15' of the public right-of-way at the a street intersection.
Fences
Fences are allowed but shall comply with the zoning code for location, height, materials, and construction. A building permit shall be obtained from the Inspection Division for any proposed fence prior to construction. The maximum height of fences in rear and side yards is 6 feet and can be solid with structural posts toward the inside. Fences in front yards or corner side yards are limited in height and openness depending on location. Contact Inspection Division with fencing plans for approval. See Fence Requirements>>
Pools
Pools are a drowning hazard if not properly supervised and protected. A pool is any structure that is capable of containing water that is primarily for the purpose of wading, swimming, or recreational use. All pools intended as a permanent installation (installed for a duration of seven days or more) shall require a plan review and a permit from the Inspection Division.
Zoning Board of Appeals
Typically, variances are requested when development of property is inconsistent with zoning codes. The Zoning Board of Appeals has the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the city's zoning code. By state law (s.62.23(7)(e)7., Wis.Stats.), the Board of Appeals is given specific powers and responsibilities to hear these alleged errors.
The board has the power to grant variances when special conditions unique to a property will not allow the property owner to meet the dimensional standards of the ordinance. To be granted a variance, the property owner must show that unnecessary hardship is caused by the ordinance. The board must uphold the intent of the zoning ordinance and deliver substantial justice through its decision.