ORDINANCE NO.    2020-10-13-D                     

Ordinance Amending Chapter 52, Sections 52-14. 52-34, 52-40, and 52-80 of the City of Tomah

Municipal Code Regarding Definitions, Residential Districts and Schedule of Regulations

The Common Council of the City of Tomah, Monroe County, Wisconsin, do ordain as follows:

SECTION ONE: Chapter 52 – Section 52-14 Definitions of the Municipal Code is hereby amended to read as follows:

Sec. 52-14. - Definitions.

Dwelling, two-family, (Duplex) means a building designed, arranged or used for and occupied exclusively by two families living independently of each other.

Zero lot line, means a lot created with no side yard setback on one side of the lot to create a shared building envelope between two lots sharing a single structure. The shared building envelope shall only be used to build or divide a duplex where the common wall between the two lots is built, or determined to be, the common boundary line between the two separate attached single-single family lots. Zero lot line land divisions require City approval of a Certified Survey map.

SECTION TWO:  Chapter 52 – Section 52-34 (a)(3) and (b)(2) Residential districts is hereby amended to read as follows:

  1. (a)R-1 single-family residential district.

(1) Established. The R-1 district is established to delineate areas now developed with one-family detached dwellings and to delineate adjoining areas presently undeveloped or in

agricultural usage likely to be developed for single-family use.

(2) Principal use. One-family dwellings except manufactured homes. Manufactured homes are permitted in the R-4 and R-5 districts only.

(3)Conditional uses. Home or office occupation, government and cultural, utilities, and agricultural use pursuant to section 52-82(8).

(4) Lot, building, yards. See schedule of regulations, section 52-40.

(b) R-2 one- and two-family residential district.

(1) Established. The R-2 district is established to delineate certain areas of land, both developed and undeveloped, with peculiar characteristics, such as presently existing one- and two-unit dwellings, proximity to commercial development or proximity to major streets and because of a probable continued demand for such dwelling accommodations which are well-designed, pleasant places in which to live.

(2)Principal uses. One- and two-family dwellings, zero lot line dwellings, and all uses permitted in the R-1 district.

(3) Conditional uses. Public and quasi-public uses, planned residential developments, noncommercial meeting halls, nursing homes, home occupations, professional home offices, recreational uses and multifamily dwellings.

(4) Lots, buildings, yards. See schedule of regulations, section 52-40.


SECTION THREE:Sec. 52-40. - Schedule of regulations is hereby amended to read as follows:

Following is the schedule of regulations as they apply to each zoning district:

SCHEDULE OF REGULATIONS

SECTION FOUR: Section 52-40 is hereby created to add (j) as follows:

(j) 0 feet on side of common wall with adjacent structure. Opposite interior side-yard setback shall be 10 feet.

SECTION FIVE: Sec. 52-80(2)b and 52-80(2)d- Residential uses are hereby amended to read as follows:

2)         The following special provisions shall be complied with (see schedule of regulations, section 52-40):

            a.         Clubs, fraternities, lodges and meeting places of a noncommercial nature                          in the R-2 and R-3 residential districts, provided all principal structures and                        uses are not less than 25 feet from any residential lot line.

b.         Rest homes, nursing homes, homes for the aged, and clinics in the R-2 and R-3 residential districts, provided all principal structures and uses are not less than 25 feet from any lot line. Family Child Care centers in R-1, R-2, and R-3 residential districts, and in B, B-1, B-2 business districts, M-1, M-2, and M-3 industrial districts, and in I institutional district.

d.       Boardinghouses, roominghouses, and rooming unit in R-2, and R-3 with a conditional use permit.

SECTION SIX: All ordinances in conflict with the foregoing are hereby repealed.

SECTION SEVEN: This ordinance shall take effect upon passage and publication.

                                                                       

Michael Murray, Mayor                   

ATTEST:       

                                                                       

JoAnn M. Cram, City Clerk:

READ: 10/13/2020                        

PASSED: 10/13/2020

PUBLISHED: 10/13/2020