This chapter is adopted under the authority granted by Wis. Stats. §§ 62.23, 62.231, 87.30 and 281.31.

(Code 1991, §§ 13-1-1, 13-3-1)

State Law reference— City planning, Wis. Stats. § 62.23; zoning of wetlands in shorelands, Wis. Stats. § 62.231; floodplain zoning, Wis. Stats. § 87.30; navigable waters protection law, Wis. Stats. § 281.31.

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

(Code 1991, § 13-1-3)

The general intent and purposes in view of this chapter 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 to 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 so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

(5)

Regulate population density and distribution so as 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 so as 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)

To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(11)

To 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; and

(18)

Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter.

(Code 1991, § 13-1-4)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having a common property line or district line.

Accessory use or structure or building means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure. Under this chapter an accessory building is a subordinate building, the use of which is purely incidental to the main building and which has less area than 75 percent of the habitable area of the principal building and may or may not be detached from the principal building. Accessory buildings and private garages shall not occupy more than 30 percent of a required area for a rear yard or side yard. No accessory buildings may be constructed prior to the construction of a principal building on any premises subject to this chapter.

Acreage, 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 sign means a sign, billboard, or poster panel that directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where the sign is located or to which it is affixed, but does not include those business signs, billboards, or poster panels that 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 that is sold on the premises.

Agent means the person designated by the owner as the person in charge of property, structures or establishments and whose identity has been filed in writing with the zoning administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.

Airport means the Barron Municipal Airport.

Airport hazard means any structure or tree or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

Alley means a public way that affords only a secondary means of access to abutting property.

Apartment means a dwelling unit that is part of a structure and primarily used as a home, residence or place of abode.

Apartment hotel means a structure that contains one or more apartments primarily used by the occupants as a home, residence or place of abode and five or more rooms where sleeping accommodations are offered for pay to transients.

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

Automobile wrecking yard means any premises on which two or more self-propelled vehicles not in running order or operating condition are stored in the open.

Basement means a portion of a building with the floor located below the mean grade level. For the purpose of this chapter, any such basement with more than four feet above grade level shall be counted as a story. No dwelling unit shall be situated in a basement having less than four feet above grade level.

Bed and breakfast establishment means any place of lodging that provides six or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.

Billboard means an advertising device, either freestanding or attached to a building, that is used to display information not related to the use or ownership of the establishment of the property upon which it is located.

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 12 persons and not open to transient customers.

Boat shelter, as defined in Wis. Stats. § 30.01(1c), means a structure in navigable waters designed and constructed for the purpose of providing cover for a berth place for watercraft, that has a roof but does not have walls or sides. Such a structure may include a device for lifting a boat. As used in this chapter, "boat shelter" includes "boathouses," defined in Wis. Stats. § 30.01(1d) as structures used for the storage of watercraft and associated materials that have one or more walls or sides.

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, 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 pitch roof.

Building, principal, means a building in which the principal use of the lot on which it is located is conducted.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements of this chapter.

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.

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.

Class 2 public notice means publication of a public hearing notice under Wis. Stats. ch. 985 in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

Community living arrangement means child welfare agencies licensed, operated or permitted under Wis. Stats. § 48.60, group foster homes for children licensed, operated or permitted under Wis. Stats. § 48.02(7m) and community-based residential facilities licensed, operated or permitted 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 conformity with applicable state law and rules.

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district. A conditional use is permitted by some ordinances provided that certain conditions specified in the ordinance are met and that a permit is granted by the board of appeals or, where appropriate, the city plan commission, if designated by the common council.

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 Barron 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 that best meets his needs in developing his 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.

Department means the state department of natural resources unless otherwise stated.

Development means any manmade 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 or parts of the city for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay, means districts, also referred to as regulatory areas, that 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.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, single-family, means a detached building designed for or occupied by one family.

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families, including split two-family dwellings or twin homes.

Dwelling, multifamily, 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 unit means a group of rooms constituting all or part of a dwelling that are arranged, designed, used or intended for use exclusively as living quarters for one family.

Earth station means satellite television dish as defined in this section.

Environmental control facility means any facility, temporary or permanent, that is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

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 call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means and 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 also includes the operating of such an area for one or more of the above 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.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Fence means an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress, including continuous linear shrubbery and plantings, such as hedges.

Fixed houseboat, as defined in Wis. Stats. § 30.01(1r), means a structure not actually used for navigation that extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Floor area, as applied to business and manufacturing buildings, and for the purpose of determining off-street parking and off-street loading requirements, means the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by 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, as applied to business and manufacturing buildings, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

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

Frontage means all the property butting 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.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles of the occupant of the premises.

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.

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

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. The term "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 area, lot, land, parcel, building or structure or part thereof used for the storage, collecting, processing, purchase, sale or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

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.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

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 chapter as pertaining to the district wherein located. No land included in any street, highway, or railroad right-of-way shall be included in computing lot area.

Lot, corner, means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Lot, interior, means a lot situated on a single street that is bounded by adjacent lots along each of its other lines and is not a corner lot.

Lot, substandard, means a parcel of land held in separate ownership having frontage on a public street, or other approved means of 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 areas or other open space provisions of this Code as pertaining to the district wherein located.

Lot, through, means a lot which has a pair of opposite lot lines along two substantially parallel streets and that is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot coverage (except residential) means the area of a lot occupied by the principal building or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.

Lot coverage, residential, means the area of a lot occupied by the principal building or buildings and accessory building.

Lot line means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

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

Minor structures means any small, movable accessory erection or construction such as birdhouses, tool houses, 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 federal housing and urban development office and labeled under the National Mobile Home Construction and Safety Standards Act of 1974, 42 USC 5402 et seq. 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 a parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users. A mobile home park is also any lot on which two or more mobile homes are parked for the purpose of permanent habitation and includes 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 factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within this state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, that are navigable under the laws of this state. Under Wis. Stats. § 281.31, notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 62.231 and Wis. Admin. Code ch. NR 117 do not apply to lands adjacent to farm drainage ditches if such lands are not adjacent to a natural navigable stream or river, those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching, and such lands are maintained in nonstructural agricultural use.

Nonconforming uses means 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 the ordinance from which this chapter is derived or amendments thereto and that is not in conformance with this chapter. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not fewer 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.

Open sales area means any open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including, but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.

Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic.

Outdoor storage areas means any open land or area used for the purpose of storage of any product or part of a product either before, during, or after manufacture, servicing, or repair, and not displayed for retail sale. This does not include open sales areas.

Owner, as related to real property and structures thereon, means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.

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

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

Places of assembly means places where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, and similar facilities.

Plan commission, planning commission and planning agency mean the city plan commission created under Wis. Stats. § 62.23(1).

Professional homeoffices means 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 one-half the area of only one floor of the residence and only one nonresident person is employed.

Public airport means any airport defined in Wis. Stats. § 114.002 and any airport that serves or offers to serve common carriers engaged in air transport.

Rear yard 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.

Regional flood means a flood determined to be representative or large floods known to have generally occurred in the state that may be expected to occur or be exceeded on a particular stream because of like physical characteristics, once in every 100 years.

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 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.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Runway means a level portion of an airport having a surface especially developed and maintained for the landing and takeoff of aircraft.

Satellite television dish means an apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. Satellite television dishes are also commonly referred to as disks, satellite communications systems, earth stations or home earth stations.

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 must be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Shopping center means a concentration of retail stores and service establishments in a suburban area with generous parking space and planned to serve the community or a neighborhood.

Shoreland-wetland district means the zoning district, created in this chapter, comprised of shorelands that are designated as wetlands on the wetlands inventory maps that have been adopted and made a part of this chapter.

Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Side yard 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.

Signs 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 are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and that is visible from any public street or highway.

Split two-family dwellings or twin homes means a detached building designed for and occupied exclusively by one family. This definition shall include manufactured homes.

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, then 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. In the case of 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 chapter.

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

Street 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.

Structural alterations 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.

Swimming pool, private or residential, means an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

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.

Transitional home or transitional housing means a dwelling or structure that is not a "camping unit" as defined at section 22-59 of this Code, a dwelling or structure that is not a "temporary structure" as defined in this section, a dwelling or structure that is not a "travel trailer" or "motor home" as defined in this section and/or Wis. Stats. § 340.01(33m), and shall be a dwelling that meets all the following additional criteria:

(1)

The total square footage of the dwelling shall not be greater than 900 square feet.

(2)

The dwelling shall be for emergency use, on a temporary basis, to be occupied for no longer than 12 months.

(3)

The owner of the dwelling and the person, firm, corporation, or organization having an interest in the land for which a conditional use is sought as described in section 56-500 of this Code shall be both a nonprofit organization that is exempt from taxation under §501(c)3 of Title 26, United States Code.

Travel trailer or motor home means a vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation use, which does not fall within the definition of mobile or modular unit.

Tree means any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes, or plants which do not grow to a height of more than five feet.

Unnecessary hardship means that circumstance where special conditions that were not self-created affect a particular property and make strict conformity with the restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purpose of this chapter.

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

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

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 an authorization granted by the board of appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this chapter.

Vision clearance triangle means an unoccupied triangular space at the street corner of a corner lot that is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wind energy systems means windmills that are used to produce electrical or mechanical power.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. The street and rear yards extend the full width of the lot.

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 the 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 chapter are or shall be used in accordance with the provisions of the chapter.

(Code 1991, §§ 13-1-16(a), 13-1-72(b), 13-1-120(b), 13-1-122, 13-1-132(a), 13-1-133, 13-1-170, 13-3-41; Ord. No. 2005-6, §§ 1, 2, 7-12-2005; Ord. No. 2021-01, § I, 2-9-2021)

(a)

It is not intended by this chapter 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 chapter imposes greater restrictions than other chapters of this Code, the provisions of this chapter shall govern.

(b)

In the event of conflicts among the sections of this chapter, unless otherwise specifically stated, the more restrictive regulation shall control over less restrictive regulations and the specific shall control over the general.

(Code 1991, § 13-1-5)

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 city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.

(Code 1991, § 13-1-6)

This chapter shall apply to all structures, lands, water and air within the corporate limits of the city and in the extraterritorial jurisdiction of the city as permitted by state law.

(Code 1991, § 13-1-10(a))

(a)

No provision of this chapter shall be construed to prohibit the customary and necessary construction, reconstruction or maintenance of overground or underground public utility neighborhood service lines and mechanical appurtenances thereto, where reasonably necessary for the preservation of the public health, safety, convenience and welfare.

(b)

The use of buildings hereafter erected, converted, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located.

(c)

Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main building on one lot.

(d)

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or part thereof for which a building permit has been issued before the effective date of the ordinances from which this chapter is derived and the construction of which shall have been started within 12 months from the date of such permit.

(Code 1991, § 13-4-10)

Where the conditions imposed by any part of this chapter 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 provisions of this chapter 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 1991, § 13-1-10(f))

Pursuant to Wis. Stats. § 66.1001(4)(c), the common council has adopted a comprehensive plan consisting of the documents entitled "City of Barron Comprehensive Plan 2005-2025" and "Barron Area Multi-Jurisdictional Comprehensive Plan Existing Conditions Report" together containing all of the elements specified in Wis. Stats. § 66.1001(2).

(Ord. No. 2006-5, § 5, 6-12-2006)

State Law reference— Comprehensive planning, Wis. Stats. § 66.1001.

(a)

It is unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the common council, the zoning administrator, the plan commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(b)

Whenever an order of the zoning administrator has not been complied with within 30 days after written notice has been mailed to the owner, the resident agent or occupant of the premises, the common council, the zoning administrator or the city attorney may institute appropriate legal action or proceedings.

(c)

Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the zoning administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in section 1-16.

(d)

No provision of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance under the appropriate state law.

(Code 1991, §§ 13-1-145, 13-4-10(a))

The city has established fees for processing building permits, zoning permits, conditional use permits, rezoning petitions and other fees associated with building and zoning, all of which are set forth in the city fee schedule.

(Code 1991, § 13-3-32)

(a)

The board of appeals, after investigation and public hearing, may authorize the location of any of the following buildings or uses in any district from which they are excluded by this chapter, provided that the board of appeals shall find that the proposed location is necessary in order to serve the public health, safety, convenience and welfare, and provided further that each such building or use shall comply with all other regulations for the district in which it is proposed to be located.

(1)

Cemeteries.

(2)

Fire and police stations.

(3)

Hospitals and clinics, veterinary hospitals or clinics.

(4)

Institutions, public or private, or an educational, philanthropic or charitable nature.

(5)

Private clubs and lodges, excepting those the chief activity of which is a service customarily carried on as a business.

(6)

Public utility buildings, structures and lines, including microwave radio relay structures and their appurtenances, for such purposes as are reasonably necessary for the public convenience and welfare.

(7)

Railroad siding and structures.

(8)

Sewage disposal plants.

(9)

Public airports.

(b)

To protect the value of neighboring buildings or uses, the board of appeals may attach reasonable conditions and safeguards in line with the general purpose and intent of this chapter.

(Code 1991, § 13-4-14)