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Butler Village City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 54-1.- Authority.

These regulations are adopted under the authority granted by Wis. Stats. §§ 61.35, 61.351, 62.23(7), 87.30 and 281.31.

(Code 2003, § 13-1-1)

Sec. 54-2. - Purpose.

The purpose of this chapter is to promote the health, safety, prosperity, aesthetics and general welfare of the village.

(Code 2003, § 13-1-3)

Sec. 54-3. - Intent.

It is the general intent of this chapter to:

(1)

Regulate and restrict the use of all structures, lands and waters;

(2)

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;

(3)

Secure safety from fire, flooding, panic and other dangers;

(4)

Provide adequate light, air, sanitation and drainage;

(5)

Prevent overcrowding; avoid undue population concentration;

(6)

Facilitate the adequate provision of public facilities and utilities;

(7)

Stabilize and protect property values;

(8)

Further the appropriate use of land and conservation of natural resources;

(9)

Preserve and promote the beauty of the village;

(10)

To prohibit uses, buildings or structures incompatible with the character of development 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 on existing and proposed arterial streets and highways;

(17)

Implement those municipal, county, watershed and regional comprehensive plans or components of the plans adopted by the village.

(18)

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

(Code 2003, § 13-1-4)

Sec. 54-4. - 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 law. However, wherever this chapter imposes greater restrictions, the provisions of the chapter shall govern.

(Code 2003, § 13-1-5)

Sec. 54-5. - 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 village and shall not be deemed a limitation or repeal of any other power granted by state law.

(Code 2003, § 13-1-6)

Sec. 54-6. - Effective date.

This chapter shall be originally effective after a public hearing, adoption by the village board and publication or posting as provided by law.

(Code 2003, § 13-1-7)

Sec. 54-7. - Definitions.

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 use or structure means 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.

Advertising sign, outdoor means a structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.

Advertising structure, outdoor means anything constructed or erected, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.

Alley means a special public right-of-way affording only secondary access to abutting properties.

Amended soil area means a landscaped portion of a site where decomposed organic material has been incorporated into the soil to improve its performance for infiltration and vegetation growth, enabling the area to function as a vegetated stormwater management measure.

Apartment means a portion of a residential or commercial building used as a separate housing unit.

Apartment house. See Dwelling, multiple.

Arterial street means 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.

Authority means a person, committee, or board to whom the power to issue a permit, or make a determination, decision, or judgment has been delegated.

Basement or cellar means a story partly underground but having at least one-half of its height, or five or more feet, below the mean level of the adjoining ground.

Bioretention area or rain garden means an excavated area back-filed with a prepared or amended soil mixture, covered with a mulch layer and planted with a diversity of woody or herbaceous vegetation, to which stormwater is directed to promote infiltration and evapotranspiration. Also referred to as a "rain garden".

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are 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.

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.

Building, alterations of, means any change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another.

Building area means 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.

Building, front line of, means a line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.

Building, height of, means the vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.

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

Business means an occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations.

Carport. See Garage.

Cistern means a system for collecting rooftop runoff that detains water in above-ground to underground storage tanks, ranging in capacity from approximately 100 to 10,000 gallons.

Clinic means a building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.

Clothing repair shops means shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but not employing over five persons.

Clothing stores means retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery and millinery shops.

Club means a building owned, leased or hired by an association of persons who are bona fide members, the use of which is restricted to the members and their guests.

Commercial feed lot means confinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:

(1)

The farm or site does not produce a minimum of 60 percent of the feed necessary to sustain the herd.

(2)

The farm or site is insufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.

Community living arrangement means the following facilities licensed or operated, or permitted under the authority of state law: Child welfare agencies under Wis. Stats. § 48.60, group homes for children under Wis. Stats. § 48.02(7), and community-based residential facilities under Wis. Stats. § 50.01, but does not include nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of state law, including Wis. Stats. § 46.03(22), 59.97(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district, allowed only under conditions specified under this chapter.

Conforming use means any lawful use of a building or lot which complies with the provisions of this chapter.

Court means an open, unoccupied space other than a yard, on the same lot with a building, and which is bounded on two sides by the building.

Curb break means any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.

Curb level means the level of the established curb in the front of the building measured at the center of such front.

Day care center means a place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in Wis. Stats. § 48.65.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to building, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.

District means a part or parts of the village for which the regulations of this chapter governing the use and location of land and buildings are uniform.

Doublewide manufactured home means a doublewide mobile home is a mobile home consisting of two mobile home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.

Downspout disconnection means the rerouting of rooftop drainage pipes to drain rainwater to rain barrels, cisterns, or permeable areas instead of the storm sewer.

Drive-in restaurant means an establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups; including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises.

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 manufactured homes.

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

Dwelling, one-family, means a detached building designed, arranged or used for and occupied exclusively by one family, whether attached, detached or semi-attached. The term "dwelling, one-family, include specially designed buildings covered by earth and manufactured homes.

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

Dwelling, multiple, means a building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling unit means a building or portion thereof used exclusively for human habitation, including single-family, two-family and multifamily dwellings, but not including hotels, motels or lodginghouses.

Emergency shelters means public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or invasions.

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 one or more persons immediately related by blood, marriage, adoption or guardianship and living as a single housekeeping unit in one dwelling unit shall constitute a family, or not to exceed more than four persons if not related by blood, marriage, adoption or guardianship. A person shall be considered to be related for the purpose of this chapter if he is dwelling for the purpose of adoption or for a foster care program.

Farm means land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.

Floor area means the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the centerlines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

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

Frontage means the smallest dimension of a lot abutting a public street measured along the street line.

Garage means a building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles.

Garage, public means a building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as gasoline stations or service stations.

Gasoline station means any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances; sale of motor vehicle accessories; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.

Gift stores means retail stores where items such as art, antiques, jewelry, books, and notions are sold.

Green infrastructure means a stormwater runoff management system that uses vegetation, soils and natural processes to mimic nature's ability to soak up and store storm water. Examples of green infrastructure BMPs include but are not limited to downspout disconnection, rainwater harvesting, rain gardens, planter boxes, bioswales, permeable surfacing/pavements, green alleys and streets, green parking, green roofs, stormwater trees, amended soil areas, and land conservation.

Green parking, streets and alleys means integrating green infrastructure elements into the parking, street and/or alley design to store, infiltrate, and evapotranspire stormwater.

Green roof means an engineered roofing system that includes vegetation planted in a growing medium above an underlying waterproof membrane material, designed to reduce the volume of stormwater runoff from building roofs.

Green wall means a supporting structure or wall panel that enables plants to grow vertically along the facade of a building or structure to provide air and water quality functions as well as aesthetic enhancement and screening.

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

Hardware stores means retail stores where items such as plumbing, heating, and electrical supplies, sporting goods and paints are sold.

Home occupation means any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal, building thereto and meeting the standards of section 54-354.

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.

Junkyard means an open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. The term "junkyard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

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. See Boardinghouse.

Lot means a parcel of land having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

Lot, corner, means a lot abutting two or more streets at their intersection, provided that the corner of the 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 which is bounded by adjacent lots along each of its other lines.

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

Lot of record means a platted lot of a recorded subdivision, certified survey map, or parcel of land for which the deed, prior to the adoption of this chapter, is on record with the county register of deeds and which exists as described therein.

Lot, reversed corner, means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, substandard, means a parcel of land held in separate ownership having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this chapter.

Lot, through, means a lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

Lot width means the width of a parcel of land measured at the setback line.

Lot, zoning, means a single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control.

Machine shops means 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.

Manufactured home means a structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425 or a mobile home, unless a mobile home is specifically excluded under the applicable statute.

Manufactured home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

Manufactured home park means:

(1)

A parcel of land that has been developed for the placement of manufactured or mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation that rents individual lots within the park to individual manufactured or mobile home users; or

(2)

A lot on which two or more manufactured or mobile homes are parked for longer than 48 hours.

Marquee or canopy means a roof-like structure of permanent nature which projects from the wall of a building.

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.

MMSD means the Milwaukee Metropolitan Sewerage District.

Mobile home means a vehicle manufactured or assembled before June 15, 1976, 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 of rigid uncollapsible construction, which has an overall length in excess of 45 feet. The term "mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

Motel means a building containing lodging rooms having adjoining individual bathrooms, and where each lodging has a doorway opening directly to the outdoors, and more than 50 percent of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.

Motor freight terminal means a building or area in which freight brought by motor truck is assembled or stored for routing in intrastate and interstate shipment by motor truck.

Motor vehicle means any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

Nonconforming uses or structures 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 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.

Nursery means any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

Nursery school means any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas other than the child's own home or the homes of relatives or guardians.

Nursing home means any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

Other officially approved access means a private road or easement extending from a private property to a component of the public street system which the village plan commission or village board has approved as a primary means of access.

Parking area, semi-public, means an open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.

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

Parking space means an off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways, appurtenant thereto and giving access thereto, as in section 32-10.

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

Party wall means a wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above, and which separates contiguous buildings but is in joint use for each building.

Permeable surfacing means a material or materials and accompanying subsurface treatments designed and installed specifically to allow stormwater to penetrate into the material, thereby reducing the volume of stormwater runoff from the surfaced area. Permeable surfacing may include without limitation paver blocks, 'grasscrete' or similar structural support materials, and permeable concrete or asphalt.

Place means an open unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.

Planned residential development means a tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.

Planter box means a structure made of a durable material such as stone, brick or concrete designed to capture runoff and settle and filter out sediment and pollutants, to which runoff is piped, channeled, or directed to the surface of the planter box, where it is temporarily stored and then infiltrated or conveyed to another approved disposal point.

Pocket or modular wetland means a small (typically under 1,000 SF in area) constructed wetland designed to reduce peak stormwater flows and runoff volumes and to remove pollutants via settling and bio-uptake.

Property lines means the lines bounding a platted lot as defined herein.

Public way means any sidewalk, street, alley, highway or other public thoroughfare.

Professional home offices 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 the standards in section 54-354 and only one nonresident person is employed.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Rain barrel means a structure for the collection of roof runoff in containers typically ranging from 50 to 100 gallons in size, designed for the subsequent release of water to landscaped areas. A rain barrel shall be securely covered, have an overflow discharge device sized to adequately convey overflow to the point of discharge and have a convenient and functional means of water withdrawal.

Rain garden. See bioretention area.

Rainwater harvesting means the collection and storage of rainfall for later use, typically in a rain barrel or cistern.

School, private, means an elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for the mentally handicapped or a college or other institution of higher learning.

School, commercial, means a school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.

Seat means furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.

Sign, awning, means a sign that is mounted or painted on, or attached to an awning, canopy, or marquee.

Sign, copy, means the message or advertisement, and any other symbols on the face of a sign.

Sign face means the area or display surface used for the message.

Sign, ground, means any sign placed upon or supported by the ground independent of any other structure.

Sign, portable, means a sign that is not permanent, affixed to a building, structure, or to the ground. Such sign may be mounted on wheels to make it transportable.

Sign, projecting, means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.

Sign, roof, means 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.

Sign, wall, means 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 that does not project more than 12 inches from such building or structure.

Sign, window, means 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.

Stormwater tree means a tree or trees selected and installed (either with or without an engineered box or structure) as an integral component of a site-specific stormwater management plan, sited at a point or location where the tree(s) will have the effect of increasing the coverage of tree canopies to provide stormwater interception and evapotranspiration, stormwater uptake, and increased infiltration.

Story means that portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.

Story, half, means a story which is situated in a sloping roof, the floor area of that does not exceed two-thirds of the floor area of the story immediately below it, and that does not contain an independent dwelling unit.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Street yard means the minimum horizontal distance between the street line and the nearest point of a building or any projection thereof excluding uncovered steps. Where the street line is an arc, the street yard shall be measured from the arc. In some ordinances, the street yard is also called a setback.

Structural alterations means any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.

Structure means any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.

Use means the use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this chapter.

Use, accessory, means a subordinate use on the same lot which is incidental and customary in connection with the principal use.

Use, nonconforming, means any use of a building or premises which the effective date of this chapter does not, even though lawfully establish, comply with all of the applicable use regulations of the zoning district in which such building or premises is located.

Use, permitted, means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.

Use, principal, means the main use of land or building as distinguished from a 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, but not including sewage disposal plans, municipal incinerators, warehouses, shops, storage yards and power plants.

Vegetated stormwater management measure means a bioretention area, rain garden, amended soil area, pocket wetland, vegetated swale, or stormwater tree that is designed and intended to provide stormwater treatment and control, and to promote evapotranspiration and infiltration of stormwater by plant, tree and soil mechanisms.

Vegetated swale means a stormwater conveyance system routing stormwater flows through vegetated areas, natural elongated depressions, or constructed channels. A vegetated infiltration swale differs from a conventional drainage channel or ditch in that it is constructed specifically to promote infiltration. Also referred to as a "bioswale."

Vending machine means a retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.

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

Yard, corner side, means a side yard which adjoins a public street.

Yard, front, means a yard extending along the full length of the front lot line between the side lot lines.

Yard, interior side, means a side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.

Yard, rear, means a yard extending along the full length of the rear lot line between the side lot lines.

Yard, side, means a yard extending along a side lot line from the front yard to the rear yard.

Yard, street, means yard abutting a street.

Yard, transitional, means that yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.

Zoning district means an area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

(Code 2003, § 13-1-8; Ord. No. 23-05, § 1, 8-15-2023)

Sec. 54-8. - Jurisdiction and compliance.

(a)

Jurisdiction. The jurisdiction of this chapter shall include all lands and water within the corporate limits of the village.

(b)

Compliance. No structure, land or water shall be used and no structure or part thereof shall be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable village, county and state regulations.

(c)

Compliance with district regulations. 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 herein for the district in which such building or land is located.

(Code 2003, § 13-1-20)