15.370 Supplementary Regulations – Use.

(1) Permitted Uses. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged, for any purpose other than is permitted in the district in which the building or land is located.

(2) Site Plan Approval by Community Development Department or City Plan Commission.

(a) All site plans for:

1. New construction or additions to an existing building;

2. New use or expansion of an existing use which may require additional off-street parking to comply with MMC 15.430;

3. New off-street parking lot areas for five or more vehicles;

4. Unimproved off-street parking lot areas (defined herein as stone or gravel surface lot areas) when they are improved with asphaltic, bituminous or concrete hard surface, and result in a parking lot for five or more vehicles;

5. Existing off-street parking lot areas where there is no expansion of the gross area of the existing parking lot area, as measured from the edge of the parking lot pavement or unimproved surface and including access drives or aisles, ramps or internal moving lanes, but the total number of parking stalls in the lot is increased by 25 percent or greater than the number of stalls in the existing parking lot area and results in a parking lot for five or more vehicles; or

6. The expansion of existing off-street parking lot areas when the gross area of an existing parking lot, as measured from the edge of the parking lot pavement or unimproved surface and including access drives or aisles, ramps or internal moving lanes, is increased by 25 percent or greater than the existing parking lot area and results in a parking lot for five or more vehicles;

shall be referred to the Community Development Department for review and approval in conformance with this subsection (2)(a). No permit shall be issued for such new construction or addition unless the site plan has been approved by the Community Development Department, or City Plan Commission under subsection (2)(g) of this section, which shall ensure that such construction is in accord with the City’s Official Map, zoning and subdivision ordinances, comprehensive plan, and other applicable City codes and ordinances. Residential developments having four or fewer dwelling units on a lot of record need only be submitted to the Director of Building Inspection for approval. The Community Development Department, after consultation with the City Engineer and Director of Building Inspection, may waive site plan approval requirements in instances where buildings are less than 1,000 square feet in area, or for the construction or expansion of parking lots for less than five vehicles.

For those projects requiring either the issuance of a building permit by the Director of Building Inspection or an erosion control permit from the City Engineer for a site plan under this subsection (2), failure to issue either permit, if required, within 180 consecutive calendar days from the date of site plan approval by the Community Development Department, shall void the approved project site plan, and such site plan approval shall become null and void, unless the 180-day period is extended by the written authorization of the Director of Building Inspection. If there is no date extension, or upon completion of any agreed upon date extension period, if the above-referenced permits are required but not issued, a new site plan must be filed, and applicable fees must be paid.

Petitions for public works improvements, easements and street dedications shall be required, as applicable, prior to issuance of an occupancy permit. All utility and drainage easements identified on the site plan are subject to standard utility easement conditions as described in a document recorded at the Manitowoc County Register of Deeds in Volume 1252, Page 498 of Records, as document No. 798738, as may be amended from time to time.

(b) Submittal of Site Plans and Review Fee. All nonresidential developments and all residential developments having more than four dwelling units on a lot of record shall require site plan approval by the Community Development Department.

Four copies of site plans (three copies of site plans for residential development of four or fewer units) at a scale no smaller than 50 feet to the inch (except, for sites exceeding 10 acres, a smaller scale acceptable to the Community Development Department) shall be submitted to the Community Development Department, for City department and utility review and approval, prior to requesting a building permit. Site plans shall be prepared by a registered surveyor, civil engineer, architect or by a practicing land planner. All site plan information shall be provided on a single sheet, wherever practicable.

All site plans shall also be provided to the City in an Adobe PDF format; the City may also require the site plan in either Microstation DGN format or a standard DXF format.

Each site plan submitted for review and approval shall be accompanied by a nonrefundable fee as established by resolution of the Common Council, to help defray the cost of Department and utility review.

(c) Site Plan Information Requirements. The site plan shall be prepared in accordance with the following minimum standards of information:

1. Name, address, telephone, and email address of building owner or agent, and the individual or entity responsible for preparation of the site plan;

2. Certified property boundary map prepared by a licensed land surveyor which identifies the boundaries of the property including the staking of all land boundary corners, lot dimensions, area of lot in square feet or acreage, existing easements and rights-of-way, all in accordance with records of the Register of Deeds, as nearly as practicable;

3. Location, dimension, setbacks, maximum height, building area (in square feet) and street addresses for all existing and proposed buildings and structures on the lot;

4. Location of all existing improvements, visible encroachments upon the property, existing and proposed private roadways, dedicated and reserved Official Map streets and features, public sidewalks, driveways, utilities, and their depths, fire hydrants, waste/trash receptacles, proposed drainage structures and culverts, drainage inlets (to convey water to storm sewers rather than sheet drainage), utility connections, and general lot layout;

5. All structures and major features shall be fully dimensioned including distance between structures, distance between driveways, parking areas and structures, and the dimensions of all property lines, easements, required setbacks and open spaces;

6. The number of living units proposed, if any, indicating the unit size and number of bedrooms per unit, and associated on-site parking, plus calculation of how the planned parking complies with MMC 15.430(4);

7. Proposed grade of proposed structure(s) to verified City datum with existing topographical information at contour intervals not to exceed one foot, and showing the location of all existing trees, shrubs, hedges, and other major physical and environmental features;

8. Grades of all existing and proposed roads, drives, and sidewalks after construction is completed;

9. Grades and setback of existing and proposed water courses or drainage ditches, buildings and other structures on the site as well as on adjacent lots, if any, within 50 feet of the lot line;

10. Type of monuments at each corner of site;

11. Date, north arrow and graphic scale (not less than one inch equals 50 feet);

12. Fire protection features, including identification of what Building Code and construction classification the building is covered by, number of building stories, description of the intended use of the building, disclosure of whether or not a smoke detection system and fire sprinkler system will be installed (sprinkler system requires a five-inch Storz type Fire Department connection), and if private hydrants will be installed;

13. Landscaping and off-street parking requirements under MMC 15.690;

14. Parking features, including the number of current and proposed employees utilizing the parking area, the number and dimensions of off-site and on-site parking spaces, the location of handicapped parking spaces including access aisles, the location of snow removal storage areas, plus calculation of how the planned parking complies with MMC 15.430(4);

15. For shared parking arrangements, provide copies of all cross easements, leases and similar documents evidencing the parking relationship;

16. All first floor plans and elevations, drawn to a scale of not less than one-eighth inch per foot, or at a scale acceptable to the Community Development Department;

17. Proposed final grading at contour intervals not to exceed one foot showing proposed surface drainage; and

18. Seal and signature of surveyor, engineer, architect or land planner preparing the site plan.

(d) Irrevocable Letter of Credit. Repealed.

(e) Final “As Built” Site Plan. Prior to issuance of an occupancy permit, the project owner or their agent shall submit four copies of a final “as built” site plan reflecting any major changes or discrepancies between the original site plan and actual conditions at the site. Submittal of the “as built” site plan shall be required prior to issuance of an occupancy permit, unless this condition is waived by the Community Development Department.

(f) Site Plan at Construction Site. A copy of an approved site plan, signed and dated by the Community Development Department, must be available at the construction site until an occupancy permit has been granted by the City. Failure to have the plan on site is subject to penalties under MMC 15.630.

(g) Review of Site Plans by City Plan Commission. In the event there is a dispute or disagreement between City departments or utility review agencies regarding the relevancy or appropriateness of a condition(s) required for compliance to a site plan, the Commission will review the site plan at its next scheduled meeting, and make a final determination whether or not compliance with the condition is required. The Commission’s determination shall be final and without appeal.

The Commission’s review of a site plan shall in no way prohibit the Community Development Department from approving a site plan and a project commencing prior to the Commission’s review. Notwithstanding the condition(s) being reviewed by the Commission, all site plan compliance requirements shall remain in full force and effect.

In the event there is a dispute or disagreement between the property or project owner or their agent and the City regarding the relevancy or appropriateness of a condition(s) required for compliance to a site plan, the Commission will, upon written request, review the site plan at its next scheduled meeting, and make a final determination whether or not compliance with the condition is required. Unless specifically authorized by the Community Development Department, City Engineer and Director of Building Inspection, no work shall be permitted to proceed on a project from the date the Commission receives the written request, and shall not resume until the Commission has made its final determination. The Commission’s determination shall be final and without appeal.

(h) Review of Public Buildings. All site plans for public buildings shall require the review and approval of the Manitowoc City Plan Commission. A public building under this section refers to any building, structure, facility or complex used by the general public, whether constructed by any State, County, or municipal government agency.

(i) Performance Agreement. If any City ordinance, State regulation or conditions of the site plan approval have not been completed at the time the project owner requests a temporary occupancy permit or final occupancy permit, the Community Development Department may require the project owner to enter into a site plan performance agreement with the City to ensure compliance of all items related to the project.

The performance agreement shall incorporate all compliance conditions and requirements as identified on an approved site plan to secure the implementation and completion of the site plan as approved, including, but not limited to, the following:

1. Conditions relative to financing of necessary public improvements and facilities;

2. A schedule for completion of the project and any phases thereof;

3. Time limits for completion of the development;

4. Requirements for appropriate easements, reservations and land dedications;

5. Letter of credit requirements to assure a timely completion of all landscaping and site improvements required by City ordinance including landscaping and off-street parking requirements under MMC 15.690, requirements of City departments, and State or Federal regulations; and

6. Other conditions, terms, restrictions and requirements relevant to an approved site plan including the termination and amendment of the performance agreement.

(j) Covenant Running with the Land. The performance agreement, and any amendments or modifications to the agreement, shall upon being duly executed by all parties be recorded by the City at the Register of Deeds for Manitowoc County, Wisconsin. The cost of recording fees shall be borne by the project owner, and shall be payable at the time the agreement is executed by the parties, or payable to the City within 15 calendar days of the project owner’s receipt of an invoice from the City itemizing these costs. The City at City’s sole expense shall, upon project owner completion of all conditions prerequisite to the approval of a site plan and issuance of a certificate of occupancy, terminate all or the relevant parts of the agreement, and file the necessary legal documents at the Register of Deeds.

(k) Compliance with Performance Agreement. Prior to the issuance of a final certificate of occupancy by the Director of Building Inspection for occupancy of a building identified on a site plan pursuant to a performance agreement, the Community Development Department shall be required to first determine whether the provisions of the performance agreement have been met, and then, if all conditions of the performance agreement have been met, shall sign the certificate of occupancy. The certificate of occupancy shall not be deemed issued until signed by both the Director of Building Inspection and the City Planner. Occupancy of a project without a certificate of occupancy is in direct violation of this chapter, and the owner shall be subject to penalties under MMC 15.630. If it is determined that the terms of the performance agreement have not been met at any time after the execution of a performance agreement, any party aggrieved by an alleged failure of the project owner or their successors, grantees, heirs and assigns to comply with the performance agreement may request a hearing before the City Plan Commission. The City Planner will provide the project owner with a date for said hearing before the City Plan Commission. The Commission will determine whether the development complies with the performance agreement and may:

1. Amend the approved site plan;

2. Amend the agreement to carry out the purposes of the approved site plan; or

3. Seek enforcement remedies under MMC 15.630.

The Commission’s determination shall be final and without appeal.

(l) Irrevocable Letter of Credit. When site and off-site improvements required by City ordinance, State regulations or conditions of site plan approval have not been completed due to adverse weather or other unforeseen circumstances, the City, at their discretion, may require that the project owner issue to the City of Manitowoc an irrevocable and unconditional letter of credit or comparable security instrument in an amount approved by the Community Development Department, but not greater than 125 percent of the estimated cost of such required remaining site and off-site improvements before an occupancy permit is issued.

Said letter of credit shall be from a recognized, financially stable lending institution satisfactory to the City, and shall be written in form and content satisfactory to the City. The letter of credit, among other things, shall name the City as beneficiary; be irrevocable and unconditional; be conditioned for payment to the City solely upon presentation of the letter of credit and a sight draft, which shall direct the issuing lending institution to pay the City without any explanation, affidavit or documentation; and authorize the City to draw on the letter of credit, in whole or in part, from time to time, at the City’s election.

(m) Certificate of Occupancy. No certificate of occupancy shall be granted by the Community Development Department and Director of Building Inspection until all requirements in this subsection (2) have been completed to the sole satisfaction of the City. The Director of Building Inspection and City Planner, in their discretion, may authorize the temporary occupancy of a project for a maximum period of 12 months, effective from the date temporary occupancy is authorized. The owner shall be given permission to occupy a project that is the subject of a performance agreement under subsection (2)(i) of this section upon satisfaction of the following conditions:

1. Receipt by the Community Development Department of a letter of credit under subsection (2)(l) of this section; and

2. Receipt of any required payments, deeds, easements or other legal agreements required as a condition of site plan approval.

A final certificate of occupancy, indicating the completion of all required landscaping and site improvements, as well as the completion of all building and site plan requirements, shall be issued to the owner upon satisfaction of the following conditions:

1. Completion of all landscaping and site improvements required and specified in an approved site plan; and

2. Receipt of written confirmation from the appropriate site plan review agencies that the required site plan improvements have been satisfactorily completed.

Upon the completion of all required landscaping and site improvements required and specified on the approved site plan, the City shall release its interest under the original and/or new letter of credit.

(3) Buildings to Be Moved (See MMC 16.010(1) and Wisconsin Uniform Building Code Section 30.070). Any building or structure, which has been wholly or partly erected on any premises located either within or outside of this City, shall not be moved to or placed upon any premises in this City until a permit for such removal has been secured from the Director of Building Inspection. Before a permit may be issued for moving a building or structure, the Director of Building Inspection shall inspect the same and shall determine if it is in a safe condition to be moved and whether it may be reconditioned to comply with the Building Code and other requirements for the use and occupancy for which it is to be used. In addition, the City Plan Commission shall review all applications for the moving of principal buildings into or within the City of Manitowoc to determine that all provisions of this chapter are complied with in the same manner as a new structure; and that conformity or compatibility, as it pertains to property values, design, density of population, and general health and welfare of the City, is attained. Providing these conditions are complied with, a permit shall be issued for the moving of the building or structure. All property owners directly adjacent or opposite the proposed site to which the building is proposed to be moved shall be notified in writing of the meeting at which the Plan Commission is to consider the application for moving.

In instances where there are improvements required by the Plan Commission as a condition of moving a building, an irrevocable letter of credit shall be submitted to the City of Manitowoc in an amount approved by the Director of Building Inspection to cover the estimated cost of said improvements before a permit is issued to allow the moving of the building. Said irrevocable letter of credit shall be from a recognized financial institution in Manitowoc County and shall be written to give the City of Manitowoc authority to draw funds from the account nine months after the date of its issuance, or sooner if public welfare and safety require such. This requirement shall be in addition to the provisions of the Building Code.

(4) Excavations or Holes. The construction, maintenance or existence within the City of Manitowoc of any unprotected, unbarricaded, open or dangerous excavations, holes, pits, or wells, or of any excavations, holes or pits which constitute a danger or menace to the public health, safety, or welfare, are hereby prohibited. This section, however, shall not prevent any excavation under a permit issued pursuant to this chapter and the Building Code of the City of Manitowoc where such excavations are properly protected, and warning signs posted, in such manner as may be approved by the Director of Building Inspection. This section shall not apply to lakes, streams or other natural bodies of water, or to ditches, streams, reservoirs or other major bodies of water created or existing by authority of any governmental agency.

(5) Fence Provisions. See MMC 16.350.

(6) Removal or Fill or Storage of Soil, Sand or Other Material. The use of land for the removal or fill or storage of topsoil, sand, gravel, or other material from the land is not permitted in any district, except under a temporary use permit issued upon approval of the City Plan Commission and/or City Planner and on condition that such removal of soil will not be below the normal building grade as established from the existing or proposed street. This regulation shall not prohibit the normal removal of soil for the construction of an approved building or structure when such plans have been approved by the Director of Building Inspection and a building permit has been issued.

(7) Storage and Dumping of Waste, Junk, Miscellaneous Debris and Garbage.

(a) Definitions. As used herein, the term junk shall include any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. Junk shall include all types of junk, including unregistered, inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood, and lumber. As used herein, junk yard shall include any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk.

(b) Compliance with Minimum Standards. Compliance with the minimum standards of land use and methods of operation shall be held necessary to promote and maintain the health, safety, general welfare, property values and the tax base of the City. Compliance shall also mean conformance with Wis. Stat. § 175.25.

(c) Prohibited Uses of Property. It shall be unlawful for any person, firm, partnership or corporation to use property as a junk yard within the City limits of the City of Manitowoc, except as a conditional use permit granted by the Common Council, under the provisions of the “I-2” Heavy Industrial District. The permit may specify the quantity and manner of storing junk, as well as other conditions deemed necessary to assure compliance with this chapter.

(d) Revocation. See subsection (27)(f) of this section.

(e) Enclosure. The perimeter of a junk yard shall be completely enclosed with a solid wall of masonry or other suitable material not less than six feet high. Such walls shall be sufficiently anchored and built so that they will withstand the load of any material placed against them by the owner. In lieu of the above, a pressure treated, solid wood fence or sight obscuring chain link fence not less than six feet in height may be erected, subject to the review of the City Planner and Director of Building Inspection. All walls or fencing shall be set back a minimum of 25 feet from the front and side street property lines.

(f) Material, How to Be Piled. Material shall be piled so as to not protrude over the fence, and so as to permit access to all parts of the yard with firefighting equipment.

(g) Loading Activities. All loading or unloading of truck trailers, railroad cars and the like shall be done entirely within the property of the owner and no mechanical loading or unloading device or portion thereof shall extend outside of the premises while loading or unloading.

(h) Landscaping. The 25-foot setback area shall be landscaped with grass, trees and/or shrubs. A site plan in accordance with subsection (2) of this section shall be submitted for approval to the City Planner.

(i) Parking. No parking of any kind shall be permitted in the required front or side street setback areas. At least six off-street parking spaces shall be provided for employees and customer parking. Such parking areas shall be developed and maintained in accordance with MMC 15.430(12). No wrecked, junked or inoperable vehicles may be stored or parked in this area.

(j) Succession. Any person, firm, partnership or corporation succeeding a business now engaged in the storage of junk or operation of a junk yard shall be required to apply for a permit under this section, and shall be required to comply with all provisions of this chapter.

(k) Time Is of the Essence. All new junk yards established after creation of the ordinance codified in this chapter shall comply with the requirements of this section. Any junk yard existing prior to creation of this section shall be required to comply with the above-referenced fencing and off-street parking requirements within 10 months after the date of adoption of the ordinance codified in this chapter, and within three months with respect to loading and unloading activities within the premises.

(l) Penalty. Violation of this subsection (7) shall be subject to a forfeiture of not less than $150.00 nor more than $500.00 for each offense. Each day a violation exists or continues shall be considered a separate offense.

(8) Firewood Storage. Any storage of more than one full cord of firewood outside of buildings shall be enclosed by a fence in such a manner so as to visually obstruct viewing of wood storage from adjacent private or public view when observed from normal grade level activity. Fencing shall be constructed and maintained in accordance with the fence requirements in Residential Zones. Weeds shall be cut and wood stored in a manner which will assure continuous rodent control. No wood storage shall be permitted in the required front yard setback area or in the required side yard setback area unless such area is more than 50 feet beyond the street property line. In any case, no more than three full cords of wood may be stored on any residential lot at any time of year. A full cord is defined herein as the storage of firewood measuring four feet in height, by four feet in width, by eight feet in length. A full cord shall not include firewood resulting or created as a result of the removal, felling or destruction of a tree, and the resulting storage of cut, sawed or chopped wood related thereto, which shall be authorize to remain on a residential lot of record for not more than six consecutive calendar months from the date of the destruction of said tree(s).

(9) Restoring Unsafe Buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Director of Building Inspection.

(10) Construction Begun Prior to Adoption of Ordinance. Nothing in this chapter shall be deemed to require any change in plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of the ordinance codified in this chapter and upon which building actual construction has been diligently carried on; and provided further, that such building be completed within two years from the date of passage of the ordinance codified in this chapter.

(11) Essential Services. Essential services as authorized under any franchise or regulated by any law of the State of Wisconsin or any ordinance of the City of Manitowoc shall be exempt from the application of this chapter.

(12) Planned Unit Development. See MMC 15.750.

(13) Swimming Pools, Hot Tubs and Spas. A private swimming pool, hot tub, or spa shall be located not less than five feet from any side or rear lot line; and provided further, that the private swimming pool, hot tub or spa shall comply with MMC 16.350(4).

(14) Cemeteries/Mausoleums. Cemeteries or additions thereto and mausoleums for the burial of human remains are permitted in any district subject to recommendation of the City Plan Commission and approval of the Common Council.

(15) Public Buildings. Governmental and public utility buildings and uses are permitted in any district subject to approval of the City Plan Commission.

(16) Satellite Receiving Dishes. These satellite dishes are to be considered a structure and shall comply as an accessory structure with all setbacks and height restrictions of the zoning district in which they are installed.

(17) Solar Collectors. Same as subsection (16) of this section.

(18) Wind Generators. Subject to requirements under MMC 15.770.

(19) Community Living Arrangements.

(a) Initial Review. Those community living arrangements listed in this chapter as conditional uses may be permitted after approval of the Plan Commission and acceptance of the Common Council after the following minimum data concerning the proposed facility are provided for review and after the owners of all fronting or adjoining properties have been notified in writing and providing there is compliance with the area and height regulations of the district in which the facility is to be located:

1. Proposed site’s street address and legal description;

2. Proposed owner and (or) operator;

3. Size in square feet of the building proposed for such use and description of building and (or) site modifications if any;

4. Summary description of surrounding land uses;

5. Letters of support from abutting and fronting property owners, and interested agencies or persons, if any;

6. Specific description of the type and characteristics of the program to be carried out in the proposed community living arrangement and how such program might relate to other similar programs in the community;

7. Distance from the nearest existing community living arrangement; and

8. Any other information deemed necessary by the Plan Commission to complete its review.

(b) Annual Review of Community Living Arrangements. Not less than 11 months nor more than 13 months after the first licensure of each community living arrangement and every year thereafter, the Plan Commission shall review and the Common Council shall determine whether a community living arrangement’s existence poses a threat to the health, safety or welfare of the residents of the City and may take action, in accordance with State law, to order the discontinuance of said community living arrangement. The office of the City Clerk shall maintain records regarding all community living arrangements.

(20) Vehicle Repair in Residential Zones. Vehicle repair in Residential Zones is prohibited except for minor maintenance and repair on vehicles owned and regularly operated by the owner of the premises or tenant and members of their immediate families.

(21) Outside Storage of Operable Vehicles in Residential Zones. Not more than one operable vehicle may be stored outside of enclosed buildings for a period exceeding three months in any 12-month period. Such storage may not occupy any required front, side or rear yard setback area. A vehicle which is currently licensed and driven regularly on the street shall not be considered as a vehicle in storage.

(22) Truck Parking or Storage in Residential Zones. A truck or tractor without a trailer for purposes of this section shall be designed or operated for transport of property with a payload of two tons or more. Parking on private property in Residential Zones shall be restricted to no more than 10 hours in any one 24-hour period.

(23) Erosion Hazard Area, Permit to Cut, Fill or Develop. The Plan Commission shall consider and may approve detailed engineering plans for the erection of structures and for the removal or fill or storage of topsoil, sand, gravel, or other material in an erosion hazard area. Approval shall be by temporary permit issued upon approval of the City Plan Commission and/or City Planner and on condition and satisfactory documentation that such action will not have any adverse effect upon surrounding properties.

(24) Snowmobiles, All Terrain Vehicles and Motorized Dirt Bikes. Repealed.

(25) Reserved.

(26) Rummage/Garage Sales. Are permitted a maximum of three times per year with a maximum of 72 hours duration per sale.

(27) Conditional Use Permits.

(a) Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the City, together with an application fee as established by resolution of the Common Council, and after recommendation by the Plan Commission and approval by the Common Council.

(b) Notice. Prior to Plan Commission action, all abutting or fronting property owners shall be notified in writing of the time and place where the Plan Commission will hold a public informational hearing to deliberate and consider its recommendation regarding the issuance of a conditional use permit. Prior to Common Council action, publication of a Class 2 notice of the public hearing must be made once during each of the two weeks prior to such hearing.

(c) Criteria. In determining whether to approve, approve with conditions, or deny a request for issuance of a conditional use permit, the Plan Commission and the Common Council shall consider all relevant factors specified in other sections of this chapter, including standards for specific requirements for certain land uses and activities. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the city, the city shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the city are or shall be satisfied. The decision to approve or deny the permit must be based on substantial evidence. In acting upon any application for a conditional use, the Plan Commission and Council shall consider whether the requested use: (1) is reasonably necessary for the convenience and welfare of the public; (2) is in harmony with the character of the surrounding area; and (3) will have a minimal or no effect on surrounding property values.

(d) Conditions. The Common Council may attach conditions to a conditional use permit granted hereunder in order to assure that the requested use will remain in conformity with the criteria under subsection (27)(c) of this section, as well as in compliance with regulations of the particular zoning district within which the conditional use would be located. To secure information upon which to base its determination, the City Plan Commission and/or Common Council may require the applicant to furnish information required to determine if the proposed use is consistent with the purpose of this chapter.

(e) Recording. Where a conditional use permit is approved, an appropriate record shall be made by the Life Safety Division of the land use and structures permitted. A copy of each conditional use permit shall be mailed to the parties in interest and, in instances involving shoreland-wetlands or floodplain under MMC 15.670, the appropriate District Office of the Department of Natural Resources, within 10 working days after the conditional use or zoning permit has been granted by the Common Council.

(f) Revocation. Where the conditions of a conditional use permit, or permits under MMC 15.670, are not complied with, the permit may be revoked by the Common Council at any time. The Plan Commission shall first hold a public informational hearing on the proposed revocation, subject to notice procedures under subsection (27)(b) of this section. The Commission, after holding a public informational hearing, shall provide its written recommendation to the Council with its determination regarding whether or not the permit holder has, or has not, complied with the provisions of this chapter. The Council, subject to notice procedures under subsection (27)(b) of this section, shall hold a public hearing regarding the proposed revocation. Where the conditions of the permit are not complied with, the permit may be revoked by the Common Council.

(28) Underground Utilities. All new utilities installed on or after June 1, 1999, in the Downtown Underground District defined under subsection (28)(a) of this section, including electric, telephone, telecommunication, cable and other utilities customarily carried on poles, shall be required to be placed underground within easements or dedicated public right-of-way, unless economic, technological or land characteristic factors make underground placement unfeasible as determined by the City Plan Commission and Manitowoc Public Utilities. The installation of underground utilities shall be in accordance with the prevailing standards and practices of the utility or utilities (hereinafter referred to, whether one or more, as the “utility”) providing such services.

Associated equipment and facilities which are appurtenant to underground electric and communication systems, including but not limited to pad-mounted transformers, pad-mounted sectionalizing switches and above-grade pedestal-mounted terminal boxes, may be located above ground.

(a) Downtown Underground District. The area bordered by South 10th Street, Marshall Street, South 7th Street and Chicago Street (all of Blocks 154 – 156, 165 – 167, 174 – 176, 182 – 184, 217 – 219, 226 – 231, 238 – 240, and 270 – 275 in the original plat) excluding adjacent public rights-of-way.

(b) Cost and Expense. The cost and expense of converting existing overhead facilities to underground, or installing new facilities underground, and connection from such facilities to buildings, residences and other structures, shall be borne by the serving utility. However, if the City Plan Commission determines that the public health, welfare, convenience and pedestrian and vehicular traffic safety in any street or road widening or relocation project require conversion of existing overhead facilities to an underground installation, with connection to the buildings, residences and other structures served thereby, then in any such event, the utility affected shall rebuild their utility facilities at their own cost and expense. Unless waived by the serving utility, all owners or occupants updating or upgrading their electric service entrance and facilities due to an increase in service or due to a substandard voltage condition or a change in the character of their load shall, at their sole expense, be required to pay for the conversion of their own facilities and meet all utility service voltage and location requirements on said particular property.

(c) Easements. In order for the serving utility to be responsible for the costs of connecting the underground utility facilities to buildings, residences and other structures to be served, the utility shall be entitled to obtain from each property owner easements or licenses and permission to enter onto the property of such owner for the purpose of the installation, maintenance or replacement of such utility facilities. Each serving utility shall be responsible for securing the easements. All easements are subject to standard utility easement conditions as recorded at the Manitowoc County Register of Deeds in Volume 1252, Page 498 of Records, as Document No. 798738, as may be amended from time to time.

(d) Service Upgrades. Property owners or occupants submitting an application for upgrades of their electric service equipment shall be required to meet all serving utility service voltage and location requirements. If the serving utility facilities are not in place to provide underground service, the serving utility shall bear all costs for temporary utility facilities required to serve the upgraded service equipment.

(29) Adaptive Reuse of School, Church and Other Buildings.

(a) The purpose of this section is to facilitate the conversion of older, economically distressed, or historically significant buildings to a new use while keeping the building’s historic features intact.

(b) The Common Council may, in accordance with the procedures under subsection (27) of this section, issue a conditional use permit for the preservation, maintenance and adaptive reuse of any building which meets at least one of the following criteria:

1. Buildings originally designed and constructed as a school building as defined under MMC 15.030, and which are or once were owned by a school district;

2. Buildings originally designed and constructed as a church building as defined under MMC 15.030, and which are or once were owned by a church;

3. Buildings individually listed in the National Register of Historic Places, or “contributing” structures identified in the “Manitowoc Intensive Resource Survey Final Report” dated June 1988, and as may be amended from time to time;

4. Buildings larger than 100,000 square feet in building area; or

5. Buildings originally designed and constructed as governmental buildings, and which are or once were owned by a governmental agency.

(c) Criteria. In addition to the criteria under subsection (27)(c) of this section, a conditional use permit issued under this section shall require a finding by the Common Council that: (1) the reuse of a building is made more difficult to the extent that the marketable value of such properties may be substantially diminished; and (2) the adaptive reuse of a building furthers the promotion and conservation of the economic value of such buildings and thereby protects and improves the City’s tax base.

(d) Compliance with Development Regulations. A land use authorized under this section is subject to all development regulations applicable to permitted or conditionally permitted uses in the zoning district in which it is located, excepting reductions or waivers under subsection (29)(e) or (f) of this section, and all building improvements related to the adaptive reuse shall be in compliance with any applicable Federal, State or local laws.

(e) Off-Street Parking. Compliance with the parking requirements under MMC 15.430 may render the reuse of buildings under this section unfeasible. Therefore, the City Council may authorize a reduction or waiver to the number of off-street parking spaces normally required for a particular land use pursuant to MMC 15.430(5). Such reduction or waiver may only be authorized as part of a conditional use permit under this section.

(f) Reduction or Waiver of Other Zoning Requirements. The City Council may authorize any permitted or conditionally permitted land use to locate in an adaptive reuse building under this section, and may further reduce or waive area regulations, height regulations, and sign regulations normally required for a particular land use in the zoning district in which it is located. Such reduction or waiver may only be authorized as part of a conditional use permit under this section.

(g) Multiple Occupants. The City Council may authorize a mixture of uses in a single building in accordance with the requirements of this section.

(h) Termination. Unless otherwise authorized by the City Council, any conditional use permit granted under this section may be terminated pursuant to subsection (27)(f) of this section, and shall become invalid upon termination of the use(s) for which the conditional use permit was originally authorized.

(30) Lighting for all permitted uses shall be so arranged as to reflect the light away from adjoining residential premises.

(31) Vacant Lot Residential Garden Standards.

(a) Purpose. The purpose of this section is to ensure that a vacant lot residential garden primarily for growing of flowers, vegetables, fruits, herbs, ornamental shrubs or trees is appropriately located and protected to utilize unused, vacant and underutilized land areas and turn them into a productive use; to encourage community health and education, garden-related job training, environmental enhancement and the preservation of green space on sites for which urban gardens represent an appropriate land use.

(b) Principal and Accessory Use. A vacant lot residential garden may be a principal use on a lot, or an accessory use to any primary use permitted on a parcel of land.

(c) On-Site Sales. When grown on-site, the sale of garden products shall be permitted. When permitted, on-site sales are limited to the sale of unprocessed, non-value-added vegetables, flowers or other crops grown on the site. Processing (the process of transforming raw materials into food) and commercial sales of these products on-site are prohibited.

(d) Equipment. Power tools or portable mechanical equipment creating offensive noise, dust, odor, smell and the like shall be prohibited. Within an “R” district, the operation of equipment shall be limited to hours beginning at 8:00 a.m. and ending at 8:00 p.m.

(e) Waste. The site shall be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining onto an adjacent property. Organic gardening is strongly encouraged.

(f) On-Site Trash Storage. An on-site trash storage container, as well as compost bins or piles, shall be provided on-site, and shall be screened, enclosed and located as close as practicable to the rear lot line. Trash shall be removed from the site at least once per week.

(g) Accessory Structures, Height and Number. The combined area of all accessory structures including, but not limited to, sheds, greenhouses, hoophouses and other temporary structures shall not exceed 25 percent of the lot area, or 250 square feet in area, whichever is the lesser. Accessory structures shall provide a floor to catch chemical runoff, and shall not exceed 15 feet in height as measured from grade. Only one accessory structure shall be permitted per lot of record.

(h) Location in Any Yard. A vacant lot residential garden may be located in any yard area.

(i) Owner Authorization. Only individuals, or organizations authorized by the property owner or an authorized lessor or licensor, shall participate in a vacant lot residential garden.

(j) Identification Sign. One non-animated identification sign shall be allowed which shall not exceed two square feet in area per side, and which shall not exceed six feet in height above grade.

(k) Property Owner Notice to Adjacent Properties. The owner or an authorized lessor or licensor of any lot to be used for a vacant lot residential garden shall give each abutting property owner written notice of the owner’s, lessor or licensor’s name, address and telephone number, and a copy of the use conditions provided in this Code for a vacant lot residential garden, no less than 30 consecutive calendar days prior to the start of the vacant lot residential garden.

(l) Cultivated Areas. Cultivated areas shall be prevented from encroaching onto adjacent properties.

(m) Off-Street Parking. Off-street parking shall not be required for a vacant lot residential garden, unless required by the Common Council. If required, the parking area shall be limited in size so as to not exceed 10 percent of the total lot area, shall be unpaved or surfaced with gravel, or paved with a pervious paving material.

(n) Weeds. It is the duty of the party responsible for a vacant lot residential garden to maintain the property in compliance with City ordinances. A vacant lot residential garden is exempt from the City’s noxious weed ordinance under MMC 13.050. However, noxious and invasive weeds are not permitted in a vacant lot residential garden, and shall be regulated in accordance with the City’s noxious weed control ordinance if they are deemed by the City Engineer to be pervasive at the site, defined herein as a vacant lot garden in which weeds represent more than half of the lot area. In the event a vacant lot residential garden is found to be in violation of the weed ordinance, City crews will post a notice of violation at the property only once per growing season, and request that the weeds be taken care of within five consecutive calendar days of the notice being posted. If the lot remains in violation of the weed ordinance, City crews or their designated contractor are herein authorized to enter the property, mow it, with all costs incurred to be forwarded to the property owner. Following the initial notice of weed violation, if the lot again becomes noncompliant during the remainder of the current growing season, City crews or their designated contractor can enter the property without additional notice, mow it, with all costs incurred to be forwarded to the property owner or the person or party responsible for the vacant lot residential garden for payment; however, if the party fails to issue timely payment to the City under this section, the City may attach the charges against the property payable as a special assessment in accordance with its current special assessment policy.

(32) Portable Storage Units.

(a) Definitions. As used herein, the term “portable storage unit” shall mean any container, storage unit, shed-like container, or other portable structure, other than an accessory building, shed or dumpster complying with all building codes and land use requirements, that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. “Portable storage unit” shall include, without limitation, shipping containers, cargo containers, portable on demand storage (PODS), store and move (SAM) containers, buses, heavy duty trucks and their bodies, semi-trailers, freight containers, mobile homes, and similar items, which are no longer in use for their designed purpose and/or are unlicensed and considered un-roadworthy.

(b) Permit Required. Except upon industrially zoned properties, no person shall place or cause to be placed, any portable storage unit on any property except upon permit issued by the Building Inspection Department or on any right-of-way except upon a permit issued by the Department of Infrastructure. Permits issued for the temporary placement of a portable storage unit on a residentially zoned property shall expire after 60 days. One 60-day extension may be authorized within a 12-month period.

(c) Zone-Based Use Restrictions for Portable Storage Units.

1. P-1, R-1, R-2, R-3, R-4, R-5, R-6, R-7, B-1 and B-2 Districts. No more than one portable storage unit may be on any property at any given time. Such unit shall not exceed 10 feet by 10 feet by 20 feet in size and shall be placed in compliance with the vision clearance setback requirements set forth in MMC 15.390(7).

Properties shall not be encumbered by a portable storage unit for more than 120 days in a 12-month period unless such storage unit is associated with construction at a site where a building permit has been issued. In such cases, the portable storage unit shall be removed from the site within 14 days of the end of construction.

2. B-3, B-4, C-1 Districts. All restrictions set forth in subsection (32)(c)(1) of this section shall apply except that properties zoned “Business” or “Commercial” are limited to six portable storage units at any time. Portable storage units shall be set back from property lines by a distance of at least 10 feet.

3. I-1, I-2 Districts. Portable storage units may be placed on industrially zoned properties subject to the following restrictions:

A. Shall be set back from property lines by a distance of at least 10 feet and shall comply with the vision clearance setback requirements set forth in MMC 15.390(7);

B. If placed longer than 60 days or if placed as part of a portable storage unit rental operation:

i. All units shall be placed on and all access drives shall be constructed of a hard, smooth surface made of asphalt, concrete or other pavement material.

ii. All units shall comply with all building and fire codes applicable to accessory structures.

iii. All units shall be maintained in good condition. Exterior surfaces shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion.

iv. If the side or rear property line adjoins a residentially used property, such property line shall be effectively sight screened by a wall, tight fence, or evergreen hedge with a minimum height of six feet.

(33) Forfeitures. The forfeitures for violations of this section shall be as follows:

1st offense:	$250.00 + costs
2nd offense:	$400.00 + costs
3rd and subsequent offense:	$600.00 + costs

[Ord. 22-276 § 2, 2022; Ord. 21-890 §§ 1, 2, 2021; Ord. 20-1055 § 1, 2020; Ord. 18-641 § 1, 2018; Ord. 16-562 § 1, 2016; Ord. 12-529 §§ 39, 40, 2012; Ord. 11-430 §§ 9 – 12, 2011; Ord. 08-490 §§ 14 – 17, 2008; Ord. 07-012 §§ 6 – 8, 2007. Prior code § 15.37]