Athens City Zoning Code
ARTICLE I
Introduction; Definitions
§ 480-1 Authority.
These regulations are adopted under the authority granted by §§ 61.35 and 62.23(7), Wis. Stats.
§ 480-2 Short title.
This chapter shall be known as, referred to or cited as the "Zoning Code, Village of Athens, Wisconsin."
§ 480-3 Purpose.
The purpose of this chapter is to promote the health, safety, prosperity, aesthetics and general welfare of the Village of Athens.
§ 480-4 Intent.
It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters and to:
A.
Regulate lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage.
B.
Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities.
C.
Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways.
D.
Secure safety from fire, flooding, pollution, contamination, and other dangers.
E.
Stabilize and protect existing and potential property values.
F.
Preserve and protect the beauty of the Village of Athens.
G.
Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters.
H.
Further the maintenance of safe and healthful water conditions.
I.
Provide for and protect a variety of suitable commercial and industrial sites.
J.
Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.
K.
Implement those municipal, county, watershed, and regional comprehensive plans or components of such plans adopted by the Village of Athens.
L.
Provide for the administration and enforcement of this chapter and to provide penalties for the violation of this chapter.
§ 480-5 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of the chapter shall govern.
§ 480-6 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
§ 480-7 Definitions.
A.
General interpretation. The following rules of construction apply to this chapter: words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number; the word "shall" is mandatory and not directory. The word "person" includes individuals, all partnerships, associations, and bodies politic and corporate. The word "lot" includes the word "plot" or "parcel" or "tract." The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
B. ABUTTING ACCESSORY USE OR STRUCTURE ACRE, NET ALLEY APARTMENT ARTERIAL STREET AUTOMOBILE WRECKING/SALVAGE YARD BASEMENT or CELLAR BED-AND-BREAKFAST ESTABLISHMENT BOARDINGHOUSE BUILDABLE LOT AREA BUILDING BUILDING, ALTERATION OF BUILDING AREA BUILDING, DETACHED OR ACCESSORY BUILDING, FRONT LINE OF BUILDING, HEIGHT OF BUILDING, PRINCIPAL BUSINESS CARPORT CLINIC CLOTHING STORES CLUB COMMERCIAL FEEDLOT COMMUNITY LIVING ARRANGEMENT CONDITIONAL USES CONFORMING USE COURT CURB LEVEL DAY-CARE CENTER DEVELOPMENT DISTRICT DISTRICT, BASIC DISTRICT, OVERLAY DRIVE-IN RESTAURANT DWELLING DWELLING, EFFICIENCY DWELLING, MULTIPLE-FAMILY DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT EMERGENCY SHELTERS ESSENTIAL SERVICES FAMILY FARM FLOOR AREA HOME OCCUPATION HOTEL HOUSE TRAILER JUNKYARD LOADING AREA LODGING HOUSE LOT LOT, CORNER LOT, INTERIOR LOT LINES AND AREA LOT OF RECORD LOT, REVERSED CORNER LOT, SUBSTANDARD LOT, THROUGH LOT WIDTH LOT, ZONING MACHINE SHOPS MANUFACTURED HOME(1) (2) (3) (4) (5) MARQUEE or CANOPY MOBILE HOME MOBILE HOME LOT MOBILE HOME PARK MOBILE HOME SUBDIVISION MOTEL MOTOR FREIGHT TERMINAL MOTOR VEHICLE NONCONFORMING USE OR STRUCTURE NURSERY NURSERY SCHOOL NURSING HOME OTHER OFFICIALLY APPROVED ACCESS PARKING AREA, SEMIPUBLIC PARKING LOT PARKING SPACE PARTIES IN INTEREST PARTY WALL PLACE PLANNED RESIDENTIAL DEVELOPMENT PROFESSIONAL HOME OFFICES PROPERTY LINES PUBLIC WAY RAILROAD RIGHT-OF-WAY RECREATIONAL VEHICLE ROADSIDE STAND SEAT SETBACK SIGN STORY STORY, HALF STREET STRUCTURAL ALTERATION STRUCTURE SUPERINTENDENT TEMPORARY STRUCTURE TRAILER PARK USE USE, PERMITTED USE, PRINCIPAL UTILITIES VILLAGE VISION SETBACK AREA YARD YARD, CORNER SIDE YARD, FRONT YARD, INTERIOR SIDE YARD, REAR YARD, SIDE YARD, STREET ZERO LOT LINE ZONING DISTRICT
Definitions. The following terms for purpose of this chapter shall have the meaning stated below:[1]
Having a common property line or district line.
A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
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.
A special public right-of-way affording only secondary access to abutting properties.
A suite of rooms or a room in a multiple-family 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.
A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways and parkways.
Any premises on which two or more self-propelled vehicles not in running order or operating condition are stored in the open.
A story partly underground but having at least 1/2 of its height, or five or more feet, below the mean level of the adjoining ground. See Chs. SPS 320, 321 and 322, Wis. Adm. Code.
As defined in § 480-42 of this chapter.
A building other than a hotel or restaurant where meals or lodging is regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
The portion of a lot remaining after required yards have been provided.
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.
Any change or rearrangement of the supporting members, such as bearing walls, beams, columns or girders, of a building, an addition to a building, or movement of a building from one location to another.
The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
A building surrounded by open space on the same lot.
A line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
The vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a flat roof, or to the deckline of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.
A building in which the principal use of the lot on which it is located is conducted.
An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered, other than home occupations.
An automobile shelter having one or more sides open.
A building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery and millinery shops.
A building owned, leased or hired by an association of persons who are bona fide members, the use of which is restricted to said members and their guests.
Confinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:
A community living arrangement for adults, as defined in § 46.03(22), Wis. Stats., a community living arrangement for children, as defined in § 48.743(1), Wis. Stats., a foster home, as defined in § 48.02(6), Wis. Stats., or an adult family home, as defined in § 50.01(1), Wis. Stats., but does not include nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including §§ 46.03(22), 59.69(15) and 62.23(7)(i) and (7a), and amendments thereto, and also the Wisconsin Administrative Code.
Uses of a special nature as to make impractical their predetermination as a principal use in a district, allowed only under conditions specified under this chapter.
Any lawful use of a building or lot which complies with the provisions of this chapter.
An open, unoccupied space, other than a yard, on the same lot with a building and which is bounded on two sides by the building.
The level of the established curb in the front of the building measured at the center of such front.
A place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in § 48.65, Wis. Stats.
Any man-made 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.
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform.
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and building are uniform.
Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
An establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups, including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises.
A building designed or used as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins, or mobile homes. (See also § 480-12.)
A dwelling unit consisting of one principal room with no separate sleeping rooms.
A building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums, with the number of families in residence not to exceed the number of dwelling units provided.
A detached building designed, arranged or used for and occupied exclusively by one family, whether attached, detached or semi-attached. Shall include specially designed buildings covered by earth and manufactured homes.
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
A building or portion thereof used exclusively for human habitation, including single-family, two-family and multiple-family dwellings, but not including hotels, motels or lodging houses.
Public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots, or invasions.
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, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
Land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
Any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building or other structure accessory thereto and meeting the standards of § 480-43.
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.
A non-self-propelled vehicle containing living or sleeping accommodations which is designed and used for highway travel.
An open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. "Junkyard" also includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings.
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.
See "boardinghouse."
A parcel of land having frontage on a public street, or other officially approved 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, yard, parking area and other open space provisions of this chapter. No land included in any street, highway or railroad right-of-way shall be included in computing lot area.
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
A lot situated on a single street which is bounded by adjacent lots along each of its other lines.
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
A platted lot of a recorded subdivision, certified survey map, or parcel of land for which the deed, prior to the adoption of this chapter, is on record with the Marathon County Register of Deeds and which exists as described therein.
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.
A parcel of land held in separate ownership having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking area, or other open space provisions of this chapter.
A lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
The width of a parcel of land measured at the setback line.
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.
Shops where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops, plumbing, heating and electrical repair and overhaul shops.
A dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation at the building site and certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which, when placed on the site:
Is set on an enclosed continuous foundation in accordance with § 70.043(1), Wis. Stats., and Ch. SPS 321, Subchapters III, IV, and V, Wis. Adm. Code, or is set on a comparable enclosed continuous foundation system approved by the State Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities;
Has an area of at least 800 square feet of living space, with a minimum of 20 square feet in width in its smallest horizontal dimension, exclusive of attached garage, carport or open deck, and is used exclusively as a single-family residence; and
Meets other applicable standards of this chapter, including § 480-12.
As defined in § 480-55 of this chapter.
A transportable factory-built structure designed for long-term occupancy built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 14, 1976.
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
As defined in § 480-104 of this chapter.
As defined in § 480-104 of this chapter.
A building containing lodging rooms having adjoining individual bathrooms, and where each lodging room has a doorway opening directly to the outdoors, and more than 50% of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.
A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
Any structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
Any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.
Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
A private road or easement extending from a private property to a component of the public street system which the Village Plan Commission or Village Board has approved as a primary means of access.
An open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
A structure or premises containing 10 or more parking spaces open to the public.
An off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways appurtenant thereto and giving access thereto.
Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
A wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above and which separates contiguous buildings but is in joint use for each building.
An open unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed the standards in § 480-43 and only one nonresident person is employed.
The lines bounding a platted lot as defined herein.
Any sidewalk, street, alley, highway or other public thoroughfare.
A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
As defined in § 480-52 of this chapter.
A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
Furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.
The minimum horizontal distance between the lot line and the nearest point of the building or structure. Uncovered steps shall not be included in measuring the setback.
As defined in § 480-55 of this chapter.
That portion of a principal building included between the surface of any floor and the surface of the next floor above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area of which does not exceed 2/3 of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.
A public or private thoroughfare which affords the principal means of access to abutting property.
Any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
Any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
The Wastewater/Water Operator in charge or his duly appointed deputy, agent or representative.
A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
Any lot on which are parked two or more house trailers or mobile homes for longer than 48 hours.
The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained, which shall include any manner of performance of such activity with respect to the performance standards of this chapter.
A use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
The main use of land or building as distinguished from a subordinate or accessory use.
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, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
The Village of Athens, Marathon County, Wisconsin.
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 the intersection as specified in this chapter.[2]
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted. The front and rear yards extend the full width of the lot.
A side yard which adjoins a public street.
A yard extending along the full length of the front lot line between the side lot lines.
A side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.
A yard extending along the full length of the rear lot line between the side lot lines.
A yard extending along a side lot line from the front yard to the rear yard.
Yard abutting a street.
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 said units.
An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.