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Barneveld City Zoning Code

ARTICLE I

Introduction

§ 280-1 Authority.

This chapter is adopted under the authority granted by §§ 61.35 and 62.23, Wis. Stats.

§ 280-2 Purpose and intent.

Purpose. The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of this community.
Intent. It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air sanitation and drainage; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; and preserve and promote the beauty of the community and implement the community's Comprehensive Plan and to provide penalties for its violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 280-3 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 laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

§ 280-4 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.

§ 280-5 Severability.

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

§ 280-6 Title.

This chapter shall be known as, referred to or cited as the "Zoning Ordinance, Village of Barneveld, Wisconsin."

§ 280-7 Definitions; word usage.

For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number and the plural number includes the singular number. The word "shall" is mandatory, the word "should" is advisory and the word "may" is permissive. Any words not defined in this section shall be presumed to have the customary dictionary definitions.
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.
A special public right-of-way affording only secondary access to abutting properties.
One animal unit shall be defined as being the equivalent of one cow, one 1,000-pound steer or bull, four hogs, 10 sheep, 10 goats, 100 poultry, one horse or pony.
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.
That portion of any structure located partly below the average adjoining lot grade.
An establishment licensed by the Wisconsin State Department of Agriculture, Trade and Consumer Protection as a bed-and-breakfast establishment and is any place of lodging that a) provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients; b) provides no meals other than breakfast and provides the breakfast only to renters of the place; c) is the owner's personal residence; d) is occupied by the owner at the time of rental; e) was originally built and occupied as a single-family residence; and f) has had completed, before the effective date of this section, May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation, except that a structural addition, including a renovation, to the structure may, after the effective date of this section, May 11, 1990, be made within the dimensions of the original structure. For purposes of this section, "tourists and transients" means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A building other than a hotel where lodging and meals are furnished for compensation for up to four paying guests not members of the family.
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.
The total living area bounded by the exterior walls of a building at the floor level, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs; or to the deck line of mansard roofs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
References in this chapter to Class 1 and Class 2 notices refer to Ch. 985, Wis. Stats.
Shops where clothing is repaired, such as shoe repair shops, seamstresses, tailor shops, shoeshine shops, and pressing shops, but none employing over five persons.
Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery and millinery shops.
An animal confinement facility used or designed for the feeding or holding of more than 400 animal units for 30 days or more.
A confinement facility used or designed for the raising of more than 150 animal units for egg or meat production.
Uses of a special nature as to make impractical their predetermination as a principal use in a district.
A detached building designed or used exclusively as a residence or sleeping place, but does not include boarding- or lodging houses, motels, hotels, tents, cabins or mobile homes. "Dwelling" does include a manufactured home.
A residential building designed for or occupied by two or more families with the number of families in residence not to exceed the number of dwelling units provided.
A dwelling unit consisting of one principal room with no separate sleeping room.
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 communications 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping unit.
The group shares expenses for food, rent, utilities or other household expenses.
The group is permanent and stable and not transient or temporary in nature.
Any other factor reasonably related to whether the group is the functional equivalent of a family.
This definition is not intended to prohibit group homes or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the State Department of Health Services or the State Department of Children and Families or other state department or agency.
The smallest dimension of a lot abutting a public street measured along the street line.
Structure whose primary purpose is the storing of personal vehicles.
Includes all public uses and facilities, including parks.
Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 25% of the area of any floor, uses only household equipment and no stock-in-trade is kept or sold except that made on the premises.
[Amended 4-8-2019 by Ord. No. 19-04-01]
Any zoning committee established in accordance with§ 62.23(7a), Wis. Stats.
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.
A parcel of land having frontage on a public street, 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.
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
The width of a parcel of land measured at the rear of the specified street yard.
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 structure 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 foundation in accordance with Section 70.043(1), Wis. Stats., and Subchapters III, IV and V of Chapter SPS 321, Wis. Adm. Code, or is set on a comparable enclosed foundation system approved by the Zoning Administrator. The Zoning Administrator may require the plan to be certified by a registered architect or engineer to ensure proper support for the home;
Is installed in accordance with the manufactured instructions; and
Is properly connected to utilities.
Any small, movable accessory erection or construction, such as birdhouses, toolhouses and pet houses, play equipment, arbors, and walls and fences under four feet in height.
Any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.
A vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used primarily for human habitation, with walls or rigid uncollapsible construction. Any mobile home fitting the definition of "mobile home" as set out above shall be designated a mobile home regardless of whether the plans for the mobile home include a concrete foundation, basement, utility hookup, attachments, additions, annexes, foundations and appurtenances. Notwithstanding the foregoing definition, "mobile home" shall not include a manufactured home.
A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.
Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto, which does not conform to the regulations 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.
A structure or premises containing 20 or more parking spaces open to the public for rent or a fee.
A graded and surfaced area of not less than 180 square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontage.
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed 1/2 of the area of only one floor of the residence and only one nonresident person is employed.
A yard extending across the full width of the lot and 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.
A general upgrading of the building's interior and exterior appearance. Exterior improvements can include cleaning and painting and will often involve a substantial change to shop front and sign. Interior rehabilitation can include the upgrading of electrical, mechanical or structural elements and new interior design.
A reinstatement of original architectural integrity of structural form to quality buildings of the past, but does not necessarily extend to a reinstatement of the past use of the building.
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.
Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known, which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public property or highway.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For purposes of this chapter, "small livestock" shall be limited to animals weighing less than 20 pounds.
A public right-of-way not less than 50 feet wide providing primary access to abutting properties.
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
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.
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telephone exchanges, microwave radio relays and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation. The street and rear yards extend the full width of the lot.