This article is adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 87.30 and amendments thereto.

(Code 1999, § 13-1-1)

The purpose of this article is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the city.

(Code 1999, § 13-1-3)

The general intent and purposes of this article are to regulate and restrict the use of all structures, lands and waters and to:

(1)

Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people.

(2)

Divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses.

(3)

Protect the character and the stability of the residential, business, manufacturing and other districts within the city and promote the orderly and beneficial development thereof.

(4)

Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures to prevent overcrowding and provide adequate sunlight, air, sanitation and drainage.

(5)

Regulate population density and distribution to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements.

(6)

Regulate parking, loading and access to lessen congestion in and promote the safety and efficiency of streets and highways.

(7)

Secure safety from fire, panic, flooding, pollution, contamination and other dangers.

(8)

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the city.

(9)

Preserve and protect the beauty of the city.

(10)

Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts.

(11)

Provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.

(12)

Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters.

(13)

Further the maintenance of safe and healthful water conditions.

(14)

Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.

(15)

Provide for and protect a variety of suitable commercial and industrial sites.

(16)

Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.

(17)

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city.

(18)

Provide for the administration and enforcement of this article and provide penalties for the violation of this article.

(Code 1999, § 13-1-4)

It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this article imposes greater restrictions, the sections of this article shall govern.

(Code 1999, § 13-1-5)

In their interpretation and application, the sections of this article 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 possessed by the city.

(Code 1999, § 13-1-6)

(a)

If any application of this article to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in such judgment.

(b)

The city does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and asserts that there is no liability on the part of the common council, its agencies or employees for any flood damages or structural damages that may occur as a result of reliance upon and conformance with this article.

(Code 1999, § 13-1-7)

For the purposes of this article, the following definitions shall be used, unless a different definition is specifically provided for a section:

Abutting means having a common property line or district line.

Accessory building or accessory use means a building or use which:

(1)

Is subordinate to and serves a principal building or principal use.

(2)

Is subordinate in area, extent and purpose to the principal building or principal use served.

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

(4)

Is located on the same zoning lot as the principal building or use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Advertising device means any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.

Airport, public, means any airport which complies with the definition contained in Wis. Stats. § 114.002(7) or any airport which serves or offers to serve common carriers engaged in air transport.

Alley means a public or private right-of-way not more than 21 feet wide which affords only a secondary means of access to the side or rear of an abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Apartment hotel means a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.

Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets include freeways and expressways as well as arterial streets, highways and parkways.

Automobile wrecking yard means any premises on which is kept more than one vehicle, not in running order or operating condition, or in a general state of disrepair, which is not completely enclosed within a building.

Basement means a story partly or wholly underground. The height of a basement shall be the vertical distance between the surface of the basement floor and the surface of the floor next above it. A basement shall be counted as a story for the purposes of height measurements if the vertical distance between the ceiling and the main level of the adjoining ground is more than five feet or if used for business purposes or if used for living purposes by other than the owner and his immediate family and janitor or servants of the owner.

Bed and breakfast establishment building means a building that provides four or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and which is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, accessory, means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. An automobile trailer or other vehicle or part thereof or other building shall not be used as a dwelling or lodging place and shall not be considered an accessory building or use.

Building, detached, means a building surrounded by open space on the same lot.

Building height means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitched roof.

Building, principal, and building, main, mean the building on a lot in which the principal use is conducted and is permitted on such lot by the regulations of the district in which it is located.

Building setback line means a line parallel to the lot line at a distance perpendicular to it, regulated by the yard requirements set up in this article.

Bulk is the term used to indicate the size and setbacks of buildings or structures and the location of buildings or structures with respect to one another and includes the following:

(1)

Size and height of buildings.

(2)

Location of exterior walls at all levels in relation to lot lines, to streets or to other buildings.

(3)

Gross floor area of buildings in relation to lot area (floor area ratio or FAR).

(4)

All open spaces allocated to buildings.

(5)

Amount of lot area provided per dwelling unit.

Business means an occupation, employment or enterprise which occupies time, labor and materials or wherein merchandise is exhibited or sold or where services are offered.

Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.

Capacity in persons means the maximum number of persons that can avail themselves of the services or goods of an establishment at any one time, with reasonable comfort, as determined in the building code.

Carport means an automobile shelter having one or more sides open.

Cellar means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Channel means those floodlands normally occupied by a stream of water under average annual high water flow conditions while confined within generally well-established banks.

Clinic, medical or dental, means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.

Club and lodge mean a building or portion thereof or premises owned by a corporation, association or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

Community living arrangement means the following facilities licensed or operated or permitted under the authority of statutes: child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under Wis. Stats. § 48.02(6) and community-based residential facilities under Wis. Stats. § 50.01; but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of Wisconsin Statutes, including Wis. Stats. §§ 46.03(22), 62.23(7)(i) and 62.23(7a) and also the Wisconsin Administrative Code.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for the county, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his/her needs in developing his/her soil and water conservation.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Curb level means the level of the established curb top in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level."

Development means any humanmade change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.

District, basic, means a part of the city for which the regulations of this article governing the use and location of land and building are uniform.

District, overlay, means overlay districts, also referred to as "regulatory areas," which provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. If requirements are conflicting, the more strict of the conflicting requirements shall apply.

Drive-in establishment means an establishment which accommodates the patrons' automobiles from which the occupants may watch, purchase, etc.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels, lodginghouses or roominghouses with a minimum area of 1,000 square feet and a minimum dimension of 20 feet in any one direction. The roof is to be pitched no less than 3/12 .

Dwelling, attached, means one which is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means one which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, means a building of one dwelling unit only, including all manufactured homes approved by the Department of Housing and Urban Development built after June 15, 1976.

Dwelling, two-family, means a detached building containing two separate dwelling or living units, designed for occupancy by not more than two families, including all manufactured homes approved by the Department of Housing and Urban Development built after June 15, 1976.

Dwelling unit means one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed, shall always be included for each dwelling unit.

Efficiency unit means a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

Elderly day care home means a location which provides day care and food service for adults who are unable to be left alone while other family members are at work or otherwise not at home during the day. Overnight lodging is not to be provided at a day care center.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police callboxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means an individual living alone, two or more people related by marriage or blood living as a single unit or a group of not more than four people that need not be related by blood living in a single unit for housekeeping, as distinguished from a hotel, club, lodge or roominghouse.

Family day care home means a dwelling also licensed as a day care center by the state department of health and social services where, for compensation or consideration, a resident of the dwelling provides group care for at least four, but not more than eight, children between the ages of infancy and seven years of age at a location other than the child's own home or the home of relatives or guardians.

Farming, general, includes floriculture; forest and game management; orchards; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; and vegetable farming. General farming includes the operating of such an area for one or more of such uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Floor area means the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages or space in a basement or cellar when such is used for storage or incidental uses.

Floor area, for determining the floor area ratio, means the floor area of a building, which is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building includes the basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where the curb level has not been established; elevator shafts and stairwells at each floor; floor space used for mechanical equipment except equipment, open or enclosed, located on the roof; penthouses; attic space having headroom of seven feet ten inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in floor area. The floor area of structures devoted to bulk storage of materials, including but not limited to grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; i.e., ten feet in height shall equal one floor.

Floor area, for determining off-street parking and loading requirement, when prescribed as the basis of measurement for off-street parking spaces and loading berths for any use, means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. However, floor area, for the purposes of measurement for off-street parking spaces, shall not include floor area devoted primarily to storage purposes, except as otherwise noted in this article; floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor area other than area devoted to retailing activities or to the production or processing of goods or to business or professional offices.

Floor area ratio (FAR) means the floor area of the building on that zoning lot divided by the area of such zoning lot or, for planned developments, by the net site area. The floor area ratio requirements set forth under each zoning district shall determine the maximum floor area allowable for the buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area on the zoning lot.

Foster family home means the primary domicile of a foster parent which is four or fewer foster children and which is licensed under Wis. Stats. § 48.62.

Frontage means all the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Frontage, reverse, means the rear lot line of a corner lot coincides with all or part of the side lot line of an adjoining lot in the same block.

Garage, private, means an accessory building or space for the storage only of not more than three four-wheeled, licensed motor vehicles.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Garage, storage, means any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, part, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.

Grade, when used as a reference point in measuring the height of a building, means the average elevation of the finished ground at the exterior walls of the main building.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the applicable limitations of this article.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed-patient care.

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes but is not limited to vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and which is owned, possessed, collected, accumulated, dismantled or assorted, including but not limited to used or salvaged or new scrapped base metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lot means a parcel of land having frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this article as pertaining to the district wherein located.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot area, gross, means the area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

Lot, corner, means a lot situated at the intersection of two streets. The front of the lot is considered to be the way the house faces on the lot.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90-degree angle from the road right-of-way.

Lot, interior, means a lot with frontage on only one street.

Lot line means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined in this article.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, for an irregular or triangular-shaped lot, a line ten feet in the length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front lot line or a rear lot line.

Lot of record means a lot which has been recorded in the office of the register of deeds prior to the effective date of the ordinance from which this article is derived.

Lot, reversed corner, means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through, means a lot other than a corner lot with frontage on two streets.

Lot width means the horizontal distance between the side lot lines at the building setback line.

Lot, zoning, means a single tract of land located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Manufactured home means a structure, transportable in one or more sections, which in traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 400 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Minor structure means any small, movable accessory erection or construction such as birdhouses, toolhouses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Mobile home means a manufactured home that is certified by the Department of Housing and Urban Development and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width not including the overhang of the roof, built on a chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities.

Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Mobile home park means any lot on which two or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreation and other community service facilities designed for the exclusive use of park occupants.

Mobile home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and any city land division ordinance, with lots intended for the placement of individual mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in mobile home parks.

Modular unit means a prefabricated, detached single- or double-family dwelling unit designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a tub or showerbath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.

Motel means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service and the use and upkeep of furniture. In a motel less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

Motor vehicle means any passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.

Nonconforming building and nonconforming structure mean any building or structure which:

(1)

Does not comply with all of the sections of this article or of any amendment to this article governing bulk for the zoning district in which such building or structure is located; or

(2)

Is designed or intended for a nonconforming use.

Nonconforming lot means a lot of record existing on the effective date of the ordinance from which this article is derived which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming use means any use of land, building or structure which does not comply with all of the sections of this article or of any amendment to this article governing use for the zoning district in which such use is located.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontages.

Planned unit development means a large lot or tract of land containing two or more principal buildings of uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Private individual sewage treatment system means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same lot as the structure. This term includes alternative sewer systems, substitutes for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

Private individual water system means a system supplying water for human consumption with a well and pump serving a single structure located on the same lot as the structure. This term includes alternative water supply systems, substitutes for the well or pump, a system serving more than one structure or a system located on a different parcel than the structure.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, tradesmen, authors, musicians or other recognized professions used to conduct their professions. As used in this definition, the term "tradesmen" shall be defined as persons who hold themselves out with a particular skill, including but not limited to carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.

Rear yard. See Yard, rear.

Recreational vehicle means a collapsible or folding structure designed for human habitation, towed upon the highway by a motor vehicle, that is no larger than 400 square feet and is used primarily as temporary living quarters for recreational, camping, travel or seasonal purposes (see Wis. Stats. § 340.01(6m 48R).

Reservoir parking means those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

Rest home and nursing home mean a private home for the care of children, the aged or infirm or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

Restaurant means a business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

Retail means the sale of goods or merchandise in small quantities to the consumer.

Roadside stand means a structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered, not wholly enclosed and used solely for the sale of farm products produced on the premises.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of the cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Shall is mandatory and not permissive.

Side yard. See Yard, side.

Sign means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks, by which anything is made known and which is used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Sign, advertising, means a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

Sign, business, means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

Sign, flashing, means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this definition, any moving, illuminated sign shall be considered a flashing sign.

Sign, gross area of, means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of such. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

Site plan includes but is not limited to a drawing to scale of not less than one inch equals 50 feet, showing all physical aspects, such as buildings, setback dimensions, sidewalks, driveways, playgrounds, parking and so forth, which pertain to the proposed development and its relation to the surrounding area in conformance to the zoning of the area in which the development will exist.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. For one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this article.

Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Street yard (front yard) means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards. See also Yard, front.

Structural alteration means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Trailer means any vehicle, house-car, camp-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 residential, living, sleeping or commercial purposes and referred to as a "trailer."

Use means the purpose or activity for which the land or building thereof is designed, arranged or intended or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, conditional, means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such conditional use may or may not be granted.

Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and standards of such district.

Use, principal, means the main use of land or a building as distinguished from subordinate or accessory uses.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Variance means a relaxation of the terms of this article by the board of appeals where the literal enforcement of this article would deny to the property owner a use of his/her property enjoyed as a right by other property owners within the same zoning district.

Vehicle, motor, means every device in, upon or by which any person or property is or may be transported.

Vision setback area means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this article.

Wall, retaining, means a structure designed to resist the lateral displacement of soil or other materials.

Yard means an open space on the same lot with a building, unobstructed by structures except as otherwise provided in this article.

Yard, corner side, means a side yard which adjoins a public street.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of the principal building, excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions. See also Street yard (front yard).

Yard, interior side, means a side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

Yard, rear, means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

Yard, side, means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Yard, transitional, means a yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residence district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residence or business district.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between such units.

Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this article are or shall be used in accordance with this article.

(Code 1999, § 13-1-280)

Cross reference— Definitions generally, § 1-2.

The jurisdiction of this article shall apply to all structures, lands, water and air within the corporate city limits. The sections of this article shall be held to be the minimum requirements for carrying out the intent and purpose of this article.

(Code 1999, § 13-1-20(a))

No new structure; new use of land, water or air; or change in the use of land, water or air shall be permitted and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with this article and all other applicable local, county and state regulations.

(Code 1999, § 13-1-20(b))

Except as otherwise provided, the use and height of buildings erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established in this article for the district in which such building or land is located.

(Code 1999, § 13-1-20(c))

(a)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the requirements of this article. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(b)

No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open space or minimum lot area requirements for any other structure or parcel.

(Code 1999, § 13-1-20(d))

Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.

(Code 1999, § 13-1-20(e))

Where the conditions imposed by any part of this article upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other sections of this article or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive or impose higher standards or requirements shall be enforced.

(Code 1999, § 13-1-20(f))

Only the following uses and their essential services may be allowed in any district:

(1)

Permitted uses. Permitted uses, being the principal uses specified for a district.

(2)

Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses.

a.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval in accordance with subdivision II of division 5 of this article, excepting those existent on the effective date of the ordinance from which this article is derived.

b.

Conditional uses, when replaced by permitted uses, shall terminate. In such case the reestablishment of any previous conditional use or establishment of new conditional uses shall require review, public hearing, and approval in accordance with subdivision II of division 5 of this article.

c.

Conditional uses authorized by the common council shall be established for a period of time to a time certain or until a future happening or event at which the conditional uses shall terminate.

d.

Conditional uses authorized by the common council shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without common council approval and the procedures required in subdivision II of division 5 of this article.

(4)

Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in division 3 of this article shall be considered to be prohibited except as may be otherwise specifically provided in this article. In case of question as to the classification of an unlisted use, the question shall be submitted to the zoning board of appeals for determination, following a recommendation from the plan commission, in accordance with the following procedure:

a.

Application. Application for determination for classification of an unlisted use shall be made in writing to the zoning administrator and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

b.

Investigation. The zoning board of appeals shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this article and to recommend its classification.

c.

Determination. The determination of the zoning board of appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The zoning board of appeals shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in division 3 of this article.

d.

Effective date of determination. At the time of this determination of the classification of the unlisted use by the zoning board of appeals, the classification of the unlisted use shall become effective.

(Code 1999, § 13-1-21)

(a)

Minimum lot size and frontage. Every residential building erected on a lot or parcel of land created subsequent to December 1968 shall provide a lot or parcel of land having not less than 6,600 square feet of area and having an average minimum width of not less than 60 feet. However, in any residence district on a lot of record as of December 1968, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this article are complied with.

(b)

Principal structures. All principal structures shall be located on a lot. Except for planned unit developments, not more than one principal building or use and two accessory structures, including a private garage, may be located on a lot in any residential district. The common council may permit as a planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the common council may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.

(c)

Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(d)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the common council, upon the recommendation of the plan commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The plan commission, in applying this subsection, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he/she so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the common council.

(e)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the common council, upon the recommendation of the plan commission, or which would alter the existing drainage or topography in any way to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(f)

Decks. For purposes of this article, decks and porches shall be considered a part of a building or structure.

(g)

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the vacated area shall not be affected by such proceeding.

(h)

Obstruction of unplatted lands. After the effective date of the ordinance from which this article is derived, all buildings erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.

(i)

Dwelling units. No cellar, basement or unfinished home, garage, tent, recreational vehicle, trailer or accessory building shall, at any time, be used as a dwelling unit. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.

(j)

Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the zoning administrator. The zoning administrator may impose conditions on such temporary uses.

(k)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the board of appeals after the plan commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(l)

Screening. Any use required by this article to be screened in accordance with this section shall be confined within an opaque fence or wall eight feet high or a visual screen consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition, or in any way out of view of the public.

(m)

Vacant lots; compliance with yard requirements. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this article, except that side yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.

(n)

Use of residential parcels for driveway access. No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in a business or industrial district or used for any purpose not permitted in a residence district.

(Code 1999, § 13-1-22)

(a)

Continued conformity required. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.

(b)

Required yards for existing buildings. No yards for a building existing on the effective date of the ordinance from which this article is derived shall subsequently be reduced below or further reduced if already less than the minimum yard requirements of this article for equivalent new construction.

(c)

Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards:

(1)

All yards. Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projected 18 inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises; flagpoles, fences and walls not exceeding six feet in height above the natural grade level; and open-type fences exceeding six feet in height, but not more than eight feet in height, provided that visibility at right angles to any surface of such fence not be reduced by more than 50 percent. However, such fences and walls shall be subject to applicable height restrictions of section 14-748.

(2)

Front yards. One-story bay windows projecting three feet or less into the yard; overhanging eaves and gutters projecting three feet or less into the yard; and fuel, air and water pumps in conjunction with automobile service stations, provided they shall be set back at least 15 feet from the front lot line.

(3)

Rear yards. Open, off-street parking spaces, balconies, fallout shelters, breezeways and open porches, one-story bay windows projecting three feet or less into the yard and overhanging eaves and gutters projecting three feet or less into the yard.

(4)

Side yards. Overhanging eaves and gutters projecting 18 inches or less into the yard and fuel, air and water pumps in conjunction with automobile service stations, provided they shall be set back at least 15 feet from the side lot line.

(Code 1999, § 13-1-23)

The following shall apply to mobile homes, mobile recreational vehicles and camping units:

(1)

Nonresidential use. A mobile home, mobile recreational vehicles and camping units shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively underway.

(2)

Location. No person shall park, store or occupy a mobile home, mobile recreational vehicles or camping units for living purposes except as follows:

a.

In connection with and on the same lot as a single-family dwelling for a period not to exceed 15 days in duration. Not more than one mobile home, mobile recreational vehicles, or camping units shall be allowed on such lot at any one time. No such residential lot shall be occupied by a mobile home, mobile recreational vehicles, or camping units for more than a total of 30 days in any one year.

b.

In an approved mobile home park in accordance with the following conditions:

1.

Mobile home parks shall be allowed only in the R-1 district and only as conditional uses in such district.

2.

Each mobile home park shall have direct access to a principal county, township, city or state highway or arterial street or road.

(3)

Size. Mobile home parks shall comply with the following size requirements:

a.

No permit shall be issued for the establishment of a new mobile home park unless such park contains at least ten acres of area.

b.

The average individual trailer lot size shall not be less than 4,000 square feet in area, and no lot shall be smaller than 3,200 feet in area.

c.

Each individual mobile home lot shall be at least 44 feet in effective width. Effective width shall mean the distance between side lot lines, measured at the rear line of the required front yard. On diagonal lots, it shall be measured at right angles across the lot from one diagonal side line to the other.

(4)

Yards and setbacks. The following minimum setback regulation shall apply:

a.

No building, structure or mobile home shall be located closer than 50 feet to any property line of the trailer park nor closer than 75 feet to any principal county, township, city or state highway or arterial street or roadway right-of-way.

b.

Mobile homes shall be set back at least 15 feet from the pavement of streets or roadways within the park.

c.

No part of any mobile home or any addition or appurtenance thereto shall be placed within 20 feet of any other mobile home, addition or appurtenance thereto nor within 50 feet of any accessory or service building or structure.

(5)

Height. No building, structure or mobile home located in a mobile home park shall exceed 2½ stories or 35 feet in height.

(6)

Parking. There shall be at least two off-street parking spaces available to each individual mobile home lot and located within 100 feet of such lot.

(7)

Landscaping. Along each property line of a mobile home park in the R-1 district there shall be provided, within the 50-foot setback area, screen fencing or landscape planting which shall be designed and/or planted to be 50-percent or more opaque when viewed horizontally between two feet and eight feet above average ground level.

(8)

Design and improvements. In the R-1 district, the design and improvements to be provided in the proposed mobile home park, including street widths and construction of approach streets or ways, shall conform to the requirements of the subdivision regulations for conventional residential subdivisions containing 10,000-square-foot lots. However, the street width and construction requirements in the subdivision regulations shall be applied only to those streets which would be necessary to service a future conventional residential subdivision on such tract of land and need not be applied to secondary mobile home site access streets or ways.

(9)

Common space. Each mobile home park in the R-1 district shall provide at least three acres of common space, exclusive of the required 50-foot peripheral setback, for use by recreational or service facilities. An additional 200 square feet of common space shall be provided for each mobile home in excess of 160 contained within the park.

(10)

Campgrounds. Mobile recreational vehicles and camping units legally located in a campground licensed by the State of Wisconsin have no occupancy duration restrictions.

(Code 1999, § 13-1-24; Ord. No. 1360B, § 1, 3-13-2024)

Airports and their surrounding areas are subject to the applicable federal, state and county regulations, as well as the following requirements:

(1)

Height of buildings and structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the authorities mentioned in this section shall be in accordance with requirements set forth in the approach plan.

(2)

Height of buildings and structures in areas within 10,000 linear feet of the boundaries of airports that do not have an established approach plan shall be governed by the following:

a.

For an airport having the longest runway less than 3,950 linear feet in length, buildings and structures located just beyond the boundaries of the airport shall not be in excess of 15 feet in height, and for every 200 linear feet of additional distance from the airport boundaries, the height of buildings and structures may be increased by not more than ten feet.

b.

For an airport having a runway of 3,950 linear feet or more in length, buildings and structures just beyond the boundaries of the airport shall not be in excess of 15 feet in height; for every 200 linear feet of additional distance from airport boundaries, the height of buildings and structures may be increased by not more than five feet; where a runway has been designed as an instrument runway, the height of buildings and structures in the first 10,000 linear feet beyond the airport boundaries may be increased by not more than four feet for every 200 linear feet of additional distance from the airport boundaries.

(3)

Buildings and structures exceeding the height limitations of this section shall be considered obstructions to air navigation unless found not to be objectionable after special aeronautical study.

(Code 1999, § 13-1-25)