(a)

The purpose of this chapter is to adopt minimum requirements to promote the health, safety, morals, prosperity, aesthetics and general welfare of the city; to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and for such purposes to divide the city into districts of such number, shape and area as are deemed best suited to carry out the such purposes.

(b)

It is not the intent of this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions the provisions of this chapter shall apply.

(c)

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the city, and shall not be deemed a limitation or repeal of any other power granted by statute.

(Code 2001, § 17.01)

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:

Accessory building means a building subordinate to the main building and use for a purpose customarily incidental to the permitted use of the main building or the use of the premises and occupying not more than 35 percent of the required rear yard. When an accessory building is a part of a main building or is substantially attached thereto, the side yard and rear yard requirements of the main building shall be applied to the accessory building.

Alley means a public street or thoroughfare not over 20 feet wide, affording only secondary access to abutting property.

Apartment house. See Dwelling, multiple.

Basement means that portion of a structure of which the floor line is below grade at any entrance or exit and of which the ceiling is no more than five feet above grade at such entrance or exit.

Boardinghouse means a building other than a hotel where meals or lodging and meals are furnished for compensation for five or more persons not members of the operator's family.

Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building. The term "building" includes the term "structure."

Building, height of, 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.

Conditional use. Conditional use is an added qualification for any land use above two-family zoning classification where the plan commission or the common council believe a limitation of "zoning by right" ought to be imposed upon any zoning classification petitioned by landowner where the zoning classification permits use more onerous than two-family because of special circumstances created by the landowner's request in relation to other land uses in proximity to that petitioned for.

Dwelling, multiple, means a building or portion thereof designed for and occupied by more than two families, including row houses, apartment houses, townhouses and apartment hotels.

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

Dwelling, two-family, means a detached or semidetached building designed for and occupied exclusively by two families.

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

Floor area means the sum of the gross horizontal areas of the several floors including the basement floor of a building measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings. The horizontal area in each floor of a building devoted to off-street parking shall not be included in the floor area.

Floor area ratio means the numerical value obtained by dividing the floor area within a building on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building on the lot.

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.

Garage, private, means an accessory building for the private storage of motor-driven vehicles, having a door opening not greater than eight feet in height and prohibiting the storage of commercial type vehicles exceeding 5,000 pounds G.V.W.

Garage, public, means any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.

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

Home occupation means an occupation for gain or support conducted entirely and only by members of a family within a residential building and provided that no article is sold or offered for sale except such as may be produced in the household by members of the family and that no display of products shall be visible from the street and that no accessory building shall be used for such home occupation.

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.

Lodginghouse means a building other than a hotel where lodging only is provided for compensation for more than five persons not members of the operator's family.

Lot means a parcel of land having the width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter and abutting on a public street or officially approved place.

Lot, corner, means a lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135 degrees.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines.

Lot, interior, means a lot other than a corner lot.

Lot, through, means an interior lot having frontage on two nonintersecting streets.

Lot lines means the lines bounding a lot.

Nonconforming use means a building or premises lawfully used or occupied on January 1, 1963, or amendments thereto, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.

Professional office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in a residential district, the professional office shall be incidental to the residential occupation, not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office and only one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of the occupant of the premises shall be exhibited.

Public airport 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.

Setback means the minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.

Stable means the same as garage, one draft animal being considered the equivalent of one motor-driven vehicle.

Story means the vertical portion of a building included between the surface of any floor and the surface of the floor above it, or, if there is no floor above it, then the space between such floor and the ceiling next above it, providing that a basement shall not be considered a story.

Story, half, means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, which, if occupied for residential purposes, shall be counted as a full story.

Street means all property dedicated or intended for public use for street purposes or subject to easements therefor, and more than 20 feet in width.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

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.

Structural alterations means any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

Temporary structure means a movable structure not designed for human occupancy or for the protection of goods or chattels and not forming an enclosure.

Yards means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided in this section.

Yard, corner lots, means:

(1)

Front. A yard extending the full width of the lot between the front lot line and the nearest part of the building, excluding uncovered steps, and having the least front foot dimension facing on a street at the intersection of two streets.

(2)

Rear. A yard extending the full width of the lot, being the horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps, and directly opposite the front lot line.

(3)

Side. A yard extending from the front lot line to the rear lot line, being the minimum horizontal distance between the nearest part of the building, excluding uncovered steps, and the side lot line on one side and having the most front foot dimension on a street at the intersection of two streets on the opposite side.

Yard, front, means a yard extending the full width of the lot between the front line and the nearest part of the main building, excluding uncovered steps.

Yard, rear, means a yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.

Yard, side, means a yard extending from the front yard to the rear yard, being the minimum horizontal distance between the nearest part of the building and the side lot lines.

(Code 2001, § 17.28; Ord. No. 14-2005, § I, 4-4-2005)

Cross reference— Definitions generally, § 1-2.

(a)

No structure or land shall be used, no land use shall be substantially changed and no structure shall be erected, moved or structurally altered without full compliance with the terms of this chapter and other applicable regulations and until a building or moving permit has been issued.

(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 chapter for the district in which such building or land is located.

(Code 2001, § 17.05)

Sewage disposal facilities shall be connected to the sewage disposal system of the city. In any district where public sewage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with the state department of natural resources regulations. In no case, however, shall the minimum lot size required in the zoning district in which such structure is to be located be reduced below the specified minimum.

(Code 2001, § 17.06)