Brookfield Town City Zoning Code
§ 17.01
Authority, purpose, title and definitions.
[Amended 5-17-2016; 12-7-2021 by Ord. No. 2021-004; 7-18-2023 by Ord. No. 2023-06]
(1)
Authority. These regulations are adopted under the authority granted by §§ 60.62, 61.35, 62.23(7) and 66.0103, Wis. Stats.
(2)
Purpose. The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of this community.
(3)
Intent. It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; lot coverage, population distribution and density; size and location of 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; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; facilitate the use of solar energy devices and other innovative development techniques; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; reduce construction site erosion; avoid construction problems resulting from high groundwater; preserve and promote the beauty of the community; and implement the community's Comprehensive Plan or plan components. To this end, it is further intended to provide for the administration and enforcement of this chapter and provide penalties for its violation.
(4)
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.
(5)
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 Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
(6)
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.
(7)
Repeal. All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.
(8)
Title. This chapter shall be known as, referred to or cited as the "Zoning Ordinance, Town of Brookfield, Waukesha County Wisconsin."
(9)
Definitions.
(a)
General definitions. For the purposes of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense include the future. The word "person" includes a firm, association, partnership, trust, company or corporation as well as an individual. The word "he" includes the word "she." The word "shall" is mandatory, "should" is advisory, and "may" is permissive. Any words not defined in this section shall be presumed to have their customary dictionary definitions.
(b) ACCESSORY USE OR STRUCTURE AIR DOME STRUCTURE ALLEY ART STUDIO ASSEMBLY BABYSITTING BASEMENT BOARDINGHOUSE BOND BUILDING BUILDING HEIGHT CLOTHING STORES COMMERCIAL DAYCARE CENTER COMMUNITY LIVING ARRANGEMENT CONDITIONAL USES CONDOMINIUM DEVELOPMENT DISTRICT, BASIC DISTRICT, OVERLAY DRIVE-THROUGH RESTAURANT DWELLING DWELLING, BI-LEVEL DWELLING, MULTIPLE-FAMILY DWELLING, SINGLE-FAMILY DWELLING, TRI-LEVEL DWELLING, TWO-FAMILY ELECTION CAMPAIGN PERIOD ESSENTIAL SERVICES FAMILY FAMILY CHILD CARE HOME FAST-FOOD RESTAURANT FENCE, OPEN FENCE, ORNAMENTAL FENCE, SOLID FLEA MARKET FLOOR AREA RATIO FRONTAGE GARAGE SALE GARAGE, PRIVATE GARAGE, PUBLIC OR COMMERCIAL GIFT STORES GROUP ASSEMBLY HARDWARE STORES HOME INDUSTRY HOME OCCUPATION IMPROVED SURFACE JUNK OR SALVAGE YARD LIVING AREA LOADING AREA LOT LOT WIDTH LOT, CORNER LOT, DOUBLE FRONTAGE MACHINE SHOPS MANUFACTURING MINOR STRUCTURES MOTEL NONCONFORMING USES OR STRUCTURES OFFSET PARKING LOT PARTIES IN INTEREST PROCESSING PROFESSIONAL HOME OFFICES REAR YARD RESTAURANT RUMMAGE SALE SEAT SETBACK OR STREET YARD SHORELANDS SIDE YARD SIGN SIGN AWNING SIGN COPY SIGN FACE SIGN, GROUND SIGN, POLE SIGN, PORTABLE SIGN, PROJECTING SIGN, ROOF SIGN, WALL SIGN, WINDOW SILVICULTURE SPECIAL EXCEPTION STREET STRUCTURAL ALTERATIONS STRUCTURE SUBSTANTIAL COMPLETION SUBSTANTIAL IMPROVEMENT SURETY SUSTAINED YIELD FORESTRY TOWNHOUSES TURNING LANE UTILITIES WETLAND YARD
Specific words and phrases. The following terms shall have the meanings indicated:
A use or detached structure subordinate to the principal use of a structure, land or water, located on the same lot or parcel and serving a purpose customarily incidental to the principal use or the principal structure. (See also "minor structure.")
A building consisting of a reinforced fabric envelope, anchored at its base, which is supported by air pressure. An air dome structure shall be considered a structure as that term is defined herein.
A special public right-of-way affording only secondary access to abutting properties.
An establishment engaged in the sale or exhibit of art works, such as paintings, sculpture, macrame, knitted goods, stitchery or pottery. Art studios are also engaged in the creations of such art works and often offer instruction in their creation. Within the context of this chapter, "art studio" does not include nude modeling and other pornographic exhibits.
When used in describing an industrial operation, the fitting or joining of parts of a mechanism by means of fasteners, nuts and bolts, screws, glue, welding or other similar technique. "Assembly" shall not include the construction, stamping or reshaping of any of the component parts.
The act of providing care and supervision for fewer than four children. This definition does not apply when the babysitter is related to the child or when more than four children in one household are related.
That portion of any structure which is below grade or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.
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.
See "surety."
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 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 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.
Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery and millinery shops.
A child care center licensed by the state under § 48.65, Wis. Stats., where care and supervision is provided for four or more children under the age of seven for less than 24 hours a day, or an adult daycare center licensed by the state under § 49.45(47), Wis. Stats., that provides services for part of a day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living, supervision or protection. A family child care home is not a commercial daycare center.
The following facilities licensed and operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, group foster homes for children under § 48.02(7), and adult family homes and community-based residential facilities under § 50.033; but does not include commercial daycare centers, nursing homes, general hospitals, special hospitals, prisons or jails. The establishment of community living arrangements is governed by §§ 46.03(22), 59.69(15), 60.23, and 62.63(7)(i), Wis. Stats.
Uses of a special nature as to make impractical their predetermination as a permitted use in a district.
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.
Any man-made change to improved or unimproved real estate, including but not limited to construction of or addition 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 Town for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the Residential, Commercial and Industrial District classifications).
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 requirements shall apply.
A freestanding 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 on or off the premises. Contemporary drive-in or fast-food restaurants often offer drive-through service. For the purpose of this chapter, an eating establishment, located in a shopping center with three or more attached business/retail establishments, which does not provide drive-through service and which may serve food, refreshments or beverages in or on disposable plates and cups is not considered to be a drive-through restaurant. (See also "restaurant.")
A detached building, also called a duplex, designed or used exclusively as a residence or sleeping place, but not including boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.
A two-level dwelling with one level above grade and the other level half above grade and half below grade. The lowest level may or may not have exterior access. For the purpose of measuring living area, the Building Inspector will determine functional areas as defined under "living area" and the first floor area will be considered to be the first level that is entirely above grade.
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.
A detached building designed for or occupied exclusively by one family.
A three-level dwelling with two levels above grade, and a third level half above grade and half below grade. The lowest level may or may not have exterior access.
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates or the first day that candidates would circulate papers were papers to be required and ending the day of the election. In the case of a referendum, the period beginning on the day on which the question to be voted upon is submitted to the electorate and ending on the day on which the referendum is held.
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.
The body of persons related by blood, marriage, adoption, or not more than four unrelated persons who live together in one dwelling unit as a single housekeeping entity.
A dwelling licensed as a child care center by the state under §§ 48.65 and 66.1017, Wis. Stats., where care is provided for no more than eight children.
See "drive-through restaurant."
A structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Open fences are those with more than 30% of their surface area open for free passage of light and air. Examples of such fences include barbed wire, chain-link, picket, and rail fences.
A fence intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or lot line or frame a driveway, walkway or planting bed. Ornamental fences are those with more than 80% of their surface area open for free passage of light and air. Ornamental fences are often of the rail or wrought iron type.
A structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Solid fences are those with 30% or less of their surface area open for free passage of light and air and designed to conceal from the activities conducted behind them. Examples of such fences are stockade, board-on-board, board and batten, basket weave, louvered and chain-link with screening inserts.
Any premises where the principal use is the sale of new or used household goods, personal effects, tools, art work, small household appliances and similar merchandise, equipment or objects, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. Flea markets may be conducted within a structure or in the open air. Rummage sales and garage sales are not considered flea markets.
The total area of all buildings on a lot divided by the lot area. When a building has more than one story, the sum of the floor area of all stories is the total floor area of that building.
The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.
See "rummage sale."
A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises. Carports are considered garages.
Any garage other than a private garage.
Retail stores where items such as art, antiques, jewelry, books, and notions are sold.
A company of persons gathered together for any purpose for a period of two or more hours.
Retail stores where items, such as plumbing, heating and electrical supplies, sporting goods, and paints are sold.
Any occupation for gain or support which may be of a more intense nature or exceeds the limitations as defined under "home occupations" in terms of storage of stock or inventory, use of equipment not customarily household in nature, display of product, etc. A home industry may include occupations or uses, such as assembly, mass mailing, multitiered marketing, gunsmithing or licensed firearm sales, furniture and cabinetry woodworking, furniture upholstery and refinishing, route sales, schools or classes (not exceeding four students in one interval), studios, animal grooming (with no overnight boarding) and salons. Home industries are to be considered conditional uses as provided in § 17.02(14)(c).
Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises. A home occupation includes uses such as telephone marketing, desktop publishing, word processing, computer services, home business office, employment services, travel services, baby sitting, canning, laundering, dressmaking, woodworking, and crafts, but does not include the display of any goods nor such occupations or uses as salons, studios, schools, real estate or insurance agencies. Home occupations shall be considered accessory uses as provided in § 17.02(14)(g).
Any exterior grade altered from a natural vegetated state by the installation of an impervious surface intended for accessory use such as a driveway, parking area, deck, or patio.
An area consisting of buildings, structures or premises where junk, waste and discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards and house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
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 completely off-street space or berth on the same lot as the principal uses it serves for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
For the purpose of this chapter a lot shall be defined as a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.
The width of a parcel of land measured at the setback line.
A lot abutting two or more streets at their intersection provided the corner of such intersection has an angle of 135 feet or less, measured on the lot side.
A parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water.
Shops where lathes, presses, grinders, shapers and other wood and metal working machines are used, such as blacksmith, tinsmith, welding and sheet metal, plumbing, heating, electrical repair and overhaul shops.
When used in describing an industrial operation, the making or processing of a product with machinery.
Any small, movable accessory erection or construction such as birdhouses, toolhouses, pethouses, play equipment, arbors and walls and fences.
A series of attached, semiattached 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 current regulations of this chapter or amendments thereto. Any such structure conforming with respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements is considered a nonconforming structure and not a nonconforming use.
The distance between any lot line, except a street line (street right-of-way) and the nearest roofed or enclosed portion of a building. The offset may also be referred to as a side yard or rear yard.
A structure or premises containing 10 or more parking spaces open to the public. Such spaces may be for rent or a fee.
Includes all abutting property owners, all property owners within 300 feet, and all property owners of opposite frontages.
When used in describing an industrial operation, the series of continuous actions that changes one or more raw materials into a finished product. The process may be chemical as in the processing of photographic materials; it may be a special method such as processing butter or cheese; it may be a mechanical process such as packaging a base product.
Residences of clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, artists, teachers, authors, musicians or persons in other recognized professions, used to conduct their professions where the office does not exceed 25% 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, 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 is opposite the street yard or one of the street yards on a corner lot.
An establishment where food, refreshments, and beverages are prepared, served and consumed primarily within the principal structure. (See also "drive-through restaurant.")
The occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales do not exceed four consecutive days in length and are not conducted more often than three times per year. Rummage sales do not involve the resale of merchandise acquired for that purpose. Rummage sales are also known as "garage sales." Flea markets, defined elsewhere in this section, are not rummage sales.
Furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.
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 and double frontage lots have two such yards.
Those lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; 300 feet from a river or stream or to the landward side of the floodplain, whichever is greater. Shore lands shall not include lands adjacent to farm drainage ditches where such lands are not adjacent to a navigable stream or river; those parts of drainage ditches adjacent to such lands which were nonnavigable streams before ditching or had no previous stream history and such lands are maintained in nonstructural agricultural use.
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 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 which is visible from any public street or highway.
A sign that is mounted or painted on, or attached to an awning, canopy or marquee.
The message or advertisement and any other symbols on the face of a sign.
The area or display surface used for the message.
Any sign placed upon or supported by the ground independent of any other structure.
A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign is 10 feet or more above grade.
A sign that is not permanent, affixed to a building, structure or to the ground. Such signs are sometimes mounted on wheels to make it transportable.
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than 12 inches from such building or structure.
A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window.
The care and cultivation of forest trees; forestry.
A unique or unusual land use or situation which may be deemed to be appropriate by the Town Plan Commission and the Town Board in a given location or zoning district, but which has not been specifically provided for as a permitted, accessory, or conditional use. Such special exception shall not have the effect of rezoning, and shall not be considered or allowed if said use is specifically allowed as a permitted, accessory or conditional use in any other district. Granting of a special exception does not require the demonstration of unnecessary hardship or practical difficulty, and must be obtained through the procedural due process described herein.
A public right-of-way not less than 50 feet wide providing primary access to abutting properties.
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, prefabricated or prebuilt buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
The date certified by a registered architect or engineer that a project is sufficiently complete to be occupied by the owner and for which the Building Inspector will issue a limited or temporary occupancy permit.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessed value of the structure, either before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary of safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure or site documented as deserving preservation by the State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components.
Whenever the terms "surety," "surety bond" or "bond" are used in this chapter, such term shall describe only an irrevocable letter of credit or a cash bond as approved by the Town Attorney.
Management of forested lands to provide annual or periodic crops of forest products.
A group of single-family dwellings, also called row houses, having an unpierced common wall between each adjacent section and the end units having side yards.
An existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade separated interchange ramps.
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 telegraph exchanges, microwave radio relays and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
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.