Chapter 17 Municipal Code Is Hereby Replaced Follows
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AN ORDINANCE AMENDING THE ZONING CODE ORDINANCE 883 THE COMMON COUNCIL OF THE CITY OF NEW LONDON, OUTAGAMIE AND WAUPACA COUNTIES, WISCONSIN DO ORDER AS FOLLOWS: SECTION 1 THAT CHAPTER 17 MUNICIPAL CODE IS HEREBY REPLACED FOLLOWS: TABLE OF CONTENTS CHAPTER 17 Zoning Ordinance (Amended Ord. 883) 17.00 Introduction 17-1 17.00-1 Authority 17-1 17.00-2 Title 17-1 17.00-3 Jurisdiction 17-1 17.00-4 Purpose 17-1 17.00-5 Intent 17-2 17.00-6 Purposes in View 17-2 17.00-7 Abrogation and Greater Restrictions 17-3 17.00-8 Liberal Construction 17-3 17.00-9 Severability and Non-Liability 17-3 17.00-10 Repeal 17-3 17.00-11 Effective Date 17-4 17.01 Rules and Definitions 17-4 17.01-1 Compliance 17-4 17.01-2 Previously Issued Permits 17-4 17.01-3 Word Use and Measurements 17-4 17.01-4 Definitions 17-5 17.02 Administration and Enforcement 17-5 17.02-1 Organization 17-5 17.02-2 THIS SECTION HAS BEEN INTENTIONALLY LEFT BLANK. 17.02-3 Zoning Administrator 17-6 17.02-4 Zoning Permit & Occupancy Certificate 17-9 17.02-5 Zoning Compliance Statements 17-11 17.02-6 Fees 17-11 17.02-7 Double Fees 17-12 17.02-8 Enforcement and Violations 17-12 17.03 General Provisions 17-15 17.03-1 Introduction 17-15 17.03-2 Use Regulations 17-15 17.03-3 Engineering Regulations 17-17 17.03-4 Locational Regulations 17-19 17.03-5 Lot Regulations 17-24 17.03-6 Structure, Buffers and Landscape Regulations 17-27 17.03-6 (3) Fences and Walls 17-27 17.03-6 (5) Swimming Pools 17-30 17.03-6 (7) Non-Dwelling Use Abutting Residential Use 17-32 17.03-6 (9) General Landscaping Requirements 17-33 17.03-6 (10) Minimum Usable Floor Area 17-33 17.03-7 Farming and Animal Regulations 17-34 17.04 Performance Standards 17-36 17.04-1 Intent 17-36 17.04-2 Compliance 17-36 17.04-3 Procedure 17-36 17.04-4 Point of Measurement 17-38 17.04-5 Performance Standards to be Enforced 17-39 17.04-6 Establishing Requirements for Outdoor Music Events 17-41a 17.05 Site Plan Review 17-42 17.05-9 Design Requirements for Retail Developments exceeding 60,000 sq. ft. 17-43 17.05-10 Central Business District Design Guidelines 17.44b 17.06 Conditional Uses 17-45 17.06-1 Introduction 17-45 17.06-2 Approval Required 17-45 17.06-3 Procedure 17-47 17.07 Planned Development Projects 17-52 17.07-1 Introduction and Purpose 17-52 17.07-2 District Establishment 17-52 17.07-3 Uses Permitted 17-53 17.07-4 Procedure 17-54 17.07-5 Basis for Approval 17-56 17.07-6 Determination 17-60 17.08 Off-Street Parking and Loading 17-63 17.08-1 Off-Street Facilities Required 17-63 17.08-2 Parking Spaces Required 17-64 17.08-3 Loading Spaces Required 17-66 17.08-4 Driveways and Highway Access 17-68 17.08-5 Parking Lot Requirements 17-70 17.08-6 Private Residential Parking 17-71 17.08-7 Parking of Trucks and Trailers 17-72 17.09 Signs 17-73 17.09-1 Use Restricted 17-73 17.09-2 Permit Required and Signs Classified 17-73 17.09-3 Signs Prohibited 17-74 17.09-4 Non-Conforming Signs To be Removed 17-75 17.09-5 Signs Exempted 17-76 17.09-6 Temporary Signs 17-78 17.09-7 Directional Signs 17-79 17.09-8 Quasi-Public Informational Signs 17-79 17.09-9 Signs for Conditional Uses 17-79 17.09-10 Project Signs 17-80 17.09-11 Locational Regulations 17-81 17.09-12 Restrictions for Business Districts B-1 to B-4 17-81 17.09-13 Construction and Maintenance of Signs 17-85 10/2010 17.10 Zoning Districts and Zoning Map 17-86 17.10-1 Compliance Required. 17-86 17.10-2 Regulations Made Applicable to Each District 17-86 17.10-3 Format of Individual District Regulations and Summary 17-86 17.10-4 Establishment of Official Zoning Maps. 17-87 17.10-5 District Symbols and Names. 17-88 17.11 Basic Holding District. 17-89 17.11-1 A-G Agriculture District. 17-89 17.11-2 N-R Natural Resource Preservation District. 17-92 17.11-3 Residential Districts. 17-92 17.11-4 Basic Development Districts: Commercial. 17-101 17.11-5 Basic Development Districts: Manufacturing. 17-107 17.11-6 Municipal Restrictive District 17-110a 17.12 Non-Conforming Lots, Buildings and Uses 17-111 17.12-1 Intent 17-111 17.12-2 Classification and Regulation 17-111 17.12-3 Removal of Hazards. 17-116 17.12-4 Conditional Use Status 17-116 17.13 Board of Zoning Appeals 17-117 17.13-1 Establishment and Purpose 17-117 17.13-2 Membership 17-117 17.13-3 Operation 17-118 17.13-4 Powers 17-118 17. 13-5 Procedure 17-120 17.13-6 Hearing 17-121 17.13-7 Standards and Findings 17-122 17.13-8 Decision 17-123 17.13-9 Review by Court of Record 17-123 17.14 Changes and Amendments 17-124 17.14-1 Intent 17-124 17.14-2 Authority 17-124 17.14-3 Initiation 17-125 17.14-4 Filing of Petitions 17-125 17.14-5 Referral and Recommendations 17-126 17.14-6 Official Hearing 17-126 17.14-7 Action 17-127 17.14-8 Protest 17-128 17.14-9 Effective Date 17-129 Appendix A17-130 11/09 ZONING ORDINANCE CODE OF ORDINANCE, CHAPTER 17 17. 00 INTRODUCTION 17.00-1 AUTHORITY (1) This ordinance is adopted pursuant to the authority granted by the Wisconsin statutes including, but not limited to Section 60.62 City planning under village powers} and 62.23 (7) City planning and zoning), 87.30 (flood control}, and amendments thereto. (2) This ordinance takes note of the dual authority of the County together with the City granted by Wisconsin Statutes 59.971 and 144.26 relating to protection of natural resources in shoreland areas of the City. 17.00-2 TITLE This Ordinance shall be known as, referred to, and cited as the ZONING ORDINANCE OF THE CITY OF NEW LONDON, WISCONSIN and hereinafter is referred to as the "zoning Ordinance”, “Ordinance”, "Zoning Code” or “Code”. 17.00-3 JURISDICTION The provisions of this Ordinance shall apply to all structures, land, air space, and surface and subsurface waters, within the City of New London, Wisconsin. 17.00-4 PURPOSE This ordinance is adopted for the purpose of promoting health, safety, esthetics, prosperity, morals or the general welfare of the community through the comprehensive regulation of land use within the City. 17-1 17.00-5 INTENT (1) It is the intent of this ordinance to carry out the statutory purposes enumerated in 60.61 and 62.23 (7) including but not limited to: A. regulate areas in which various land uses may be conducted; B. regulate the location of community facilities; C. regulate the location and operation of economic development areas; D. regulate the location! bulk, height and similar features of structures, including the overall population density of the community; E. establish zoning districts to accomplish the above and other purposes; F. regulate land use along natural water courses to protect such courses; G. regulate land use for the protection of groundwater resources; H. regulate so as to preserve areas with historic or aesthetic value; I. provide for special planned development districts pursuant to ss.62.23 (7) (b); 17.00-6 PURPOSES IN VIEW (1) In accordance with ss.62.23 (7) Cc) the regulations of this Ordinance shall be made and administered in accordance with a comprehensive plan as authorized in 62.23 (3); (2) Also in accordance with 62.23 (7) (c) the related areas of the statutes cited in the Authority above, the regulations of this Ordinance are designed to: A. lessen congestion in the streets; B. secure safety from fire, panic and other dangers including flooding and soil erosion; C. provide adequate light and air including access to sunlight for solar collectors and to wind for wind energy systems; D. prevent the overcrowding of land and the destruction of natural resource areas, such as wetlands; E. facilitate the adequate provision of transportation, water, sewerage, school parks and other public requirements; F. relate the regulations to the character of the particular uses, with a view to; G. conserving the value of buildings and encouraging the most appropriate use of land. 17-2 17.00-7 ABROGATION AND GREATER RESTRICTIONS It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, or permits previously adopted or issued pursuant to law. However, wherever this Ordinance imposes greater restrictions, the provisions of the Ordinance shall govern. 17.00-8 LIBERAL CONSTRUCTION In the interpretation and application of this Ordinance, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes, as may be amended from time to time, or now possessed by the City.