04 - INTRODUCTORY PROVISIONS AND DEFINITIONS
Sections:
The regulations codified in this title are adopted under the authority granted by Sections 61.35 and 62.23(7), Wis. Stats.
(Prior code § 13-1-1)
This title shall be known as, referred to or cited as the "Zoning Code, Village of Cambridge, Wisconsin."
(Prior code § 13-1-2)
A.
The purpose of this title is to promote the health, safety, prosperity, aesthetics and general welfare of the village.
B.
Cambridge: "A Sense of Place."
1.
A host of subtle and obvious environmental connections defines what the people of Cambridge value highly as "A Sense of Place."
2.
Living, working or visiting here involves reacting to country vistas complemented by the village streetscapes; experiencing the unique environment of a village in the heart of America. These environmental perceptions are a unique aspect of Cambridge for all who come here, even if only for a short visit.
3.
People have chosen to live in Cambridge for this very special "Sense of Place" and a small-town lifestyle focused sharply on the natural beauty of this area.
4.
Because most present-day citizens of Cambridge have escaped "the fast track" pace of city living, their desire to preserve and enhance Cambridge's "Sense of Place" is constantly reinforced by the knowledge that our surroundings, our village heritage and the buildings of our town are irreplaceable resources.
C.
Statement of Visions and Goals. The future of Cambridge can be what individuals today are willing to envision for it.
D.
Understanding the Uniqueness of Cambridge. As Cambridge evolves, these imperatives exist for future building and development in the community:
1.
Architectural planning can incorporate and can be consistent with the existing village architecture and the environmental and cultural heritage;
2.
Commercial, public facility and multi-family residential developments can be designed with architectural character that accommodates structures in harmony with the natural setting and with our village heritage;
3.
Proportions and color schemes enhance our surroundings. Careful site planning is the essential basis for designing and building structures.
E.
With these concepts, many goals can be derived and may include:
1.
Maintain the value of Cambridge's scenic, natural and cultural heritage resources, which are keystones of our economic strength and quality of life;
2.
Promote Cambridge's small town quality of life;
3.
Provide integration of the manmade and natural environment;
4.
Promote compatibility between businesses, the community at large and the natural environment;
5.
Ensure a strong positive image for Cambridge.
(Ord. 2003-03 § 4 (part): prior code § 13-1-3)
It is the general intent of this title to:
A.
Regulate and restrict the use of all structures, lands and waters;
B.
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;
C.
Secure safety from fire, flooding, panic and other dangers;
D.
Provide adequate light, air, sanitation and drainage;
E.
Prevent overcrowding; avoid undue population concentration;
F.
Facilitate the adequate provision of public facilities and utilities;
G.
Stabilize and protect property values;
H.
Further the appropriate use of land and conservation of natural resources;
I.
Preserve and promote the beauty of the village;
J.
Implement the village comprehensive plan or plan components;
K.
Provide for the administration and enforcement of this title and to provide penalties for its violation.
(Prior code § 13-1-4)
It is not intended by this title 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 this title shall govern.
(Prior code § 13-1-6)
A.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
B.
All uses allowed in commercial and industrial districts are cross-referenced with the Standard Industrial Classification. The SIC number is shown in "[ ]."
(Prior code § 13-1-6)
This title shall be originally effective after a public hearing, adoption by the village board and publication or posting as provided by law. (August 8, 1989).
(Prior code § 13-1-70)
A.
Jurisdiction. The jurisdiction of this title shall include all lands and water within the corporate limits of the village.
B.
Compliance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this title and all other applicable village, county and state regulations.
(Prior code § 13-1-20)
For the purposes of this title, the following definitions shall be used:
"Accessory building" means a subordinate building or portion of the main building, the use of which is purely incidental to that of the main building, not including a garage as defined herein.
"Accessory use" means a use subordinate in nature, extent or purpose to the principal use of the building or lot.
Advertising Sign, Outdoor. "Outdoor advertising sign" means a structural poster panel or painted sign, either free standing 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. "Outdoor advertising structure" means anything constructed or erected, either free standing 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 way which affords only a secondary means of access to abutting property and which is not more than twenty-four (24) feet wide.
"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.
"Basement" or "cellar" means a story partly underground but having at least one-half of its height, or more than five feet, below the mean level of the adjoining ground. See Department of Commerce Chapters 20, 21 and 22.
"Boarding house" means a building other than a hotel where meals or lodging and meals are served for compensation for not more than six persons.
"Building" means a structure having a roof and intended for the shelter, housing or enclosure for persons, animals or chattel.
Building, Alterations of. "Alterations of building" 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, Front Line of. "Front line of building" means a line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
Building, Height of. "Height of building" 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. "Principal building" means a building in which is conducted the main use of the lot on which the building is located.
"Business" means and includes the commercial, limited industrial and general industrial uses and districts as herein defined.
Carport. See "Garage."
"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.
"Community living arrangements" shall be defined as set out in Section 46.03(22)(a), Wis. Stats. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including Sections 46.03(22), 69.97(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
"Conditional use" means use of land, water or building which is allowable only after the issuance of a special permit by the plan commission under conditions specified in this title.
"Conforming use" means any lawful use of a building or lot which complies with the provisions of this title.
"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 twenty-four (24) hours a day and is licensed as provided for in Section 48.65, Wis. Stats.
"Dwelling group" means a group of two or more multi-family dwellings occupying a lot in one ownership with any two or more dwellings having any yard or court in common.
"Dwelling unit" means a building or portion thereof used exclusively for human habitation, including single-family, two family and multi-family dwellings, but not including hotels, motels or lodging houses.
Dwelling, Multiple. "Multiple dwelling" 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.
Dwelling, One-Family. "One-family dwelling" means a detached building designed, arranged or used for and occupied exclusively by one family. Shall include specially designed buildings covered by earth.
Dwelling, Two-Family. "Two-family dwelling" means a building designed, arranged or used for, or occupied exclusively by, two families living independently of each other.
"Emergency shelters" means public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or invasions.
"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. A family may include in addition thereto two but not more than two persons not related by blood, marriage, adoption or guardianship. A person shall be considered to be related for the purpose of this section if he or she 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 center lines 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 Section 48.62, Wis. Stats., and amendments thereto.
"Fraternal club" means chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization which has as the owner, lessee or occupant operated an establishment for fraternal purposes in this state. An American national fraternal organization as used in this subdivision shall actively operate in not less than thirty-six (36) states or have been in active continuous existence for not less than twenty (20) years.
"Frontage" means all of the property abutting on one side of a 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. "Public garage" 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.
"Group foster home" means any facility operated by a person required to be licensed by the state under Section 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
"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 17.68.140.
"Hotel" means a building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than six sleeping rooms, usually occupied singly, and no provision made for cooking in the individual apartments.
"House trailer" means a nonself-propelled vehicle, containing living or sleeping accommodations which is designed and used for highway travel.
"Junk yard" means an open space where waste, used or second-hand 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. A "junk yard" 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.
"Lot" means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this title.
"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 width of a parcel of land measured at the rear of the specified street yard.
Lot, Reversed Corner. "Reversed corner lot" 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, Through. "Through lot" 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, Zoning. "Zoning lot" 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.
"Marquee" or "canopy" means a roof-like structure of permanent nature which projects from the wall of a building.
"Manufactured home" means a structure certified and labeled as a manufactured home under 42 USC Sections 5401-5426, which, when placed on the site:
1.
Is set on an enclosed continuous foundation in accordance with state statutes and applicable state and administrative codes, or is set on a comparable enclosed continuous foundation system approved by the building inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
2.
Is installed in accordance with the manufacturer's instructions;
3.
Is properly connected to utilities; and
4.
Meets other applicable standards of this title.
"Mobile home" means every vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid noncollapsible construction, except that excluded from this definition is every "manufactured home" as defined above.
"Motel" means a series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.
"Motor freight terminal" means a building or area in which freight brought by motor truck is assembled and/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 building or structure" means any building or structure which does not comply with all of the regulations of this title or of any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.
"Nonconforming use" means any use of land, buildings or structures which does not comply with all of the regulations of this title or of any amendment hereto governing use for the zoning district in which such use is located.
"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.
Parking Area, Semi-Public. "Semi-public parking area" 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 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.
"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.
"Private club" means a nonprofit association of persons who are bona fide members, whose facilities are restricted to the use of the members and their guests.
"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, clergymembers, 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 17.68.140 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.
School, Private. "Private school" 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 mental defectives or a college or other institution of higher learning.
School, Commercial. "Commercial school" means a school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between such floor and the ceiling next above it.
Story, Half. "Half story" 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 two feet above the floor of such story.
"Street" means a public or private thoroughfare which affords the principal means of access to abutting property.
"Structure" means anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
"Signs" means any 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.
"Structural alterations" means any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
"Trailer park" means any lot on which are parked two or more house trailers or mobile homes for longer than forty-eight (48) hours.
"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 title.
Use, Conditional. See "Conditional use."
Use, Permitted. "Permitted use" 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. "Principal use" means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional."
"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. "Corner side yard" means a side yard which adjoins a public street. In the case of a corner lot, any yard that is not a street yard is considered a side yard.
Yard, Front. "Front yard" means a yard extending along the full length of the front lot line between the side lot lines.
Yard, Interior Side. "Interior side yard" 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. "Rear yard" means a yard extending along the full length of the rear lot line between the side lot lines.
Yard, Side. "Side yard" means a yard extending along a side lot line from the front yard to the rear yard.
Yard, Street. "Street yard" means a yard abutting a street.
Yard, Transitional. "Transitional yard" 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.
(Ord. 2003-03 § 4 (part); prior code § 13-1-8)
(Ord. No. 2013-03, 11-12-2013; Ord. No. 2014-05, 10-14-2014)
04 - INTRODUCTORY PROVISIONS AND DEFINITIONS
Sections:
The regulations codified in this title are adopted under the authority granted by Sections 61.35 and 62.23(7), Wis. Stats.
(Prior code § 13-1-1)
This title shall be known as, referred to or cited as the "Zoning Code, Village of Cambridge, Wisconsin."
(Prior code § 13-1-2)
A.
The purpose of this title is to promote the health, safety, prosperity, aesthetics and general welfare of the village.
B.
Cambridge: "A Sense of Place."
1.
A host of subtle and obvious environmental connections defines what the people of Cambridge value highly as "A Sense of Place."
2.
Living, working or visiting here involves reacting to country vistas complemented by the village streetscapes; experiencing the unique environment of a village in the heart of America. These environmental perceptions are a unique aspect of Cambridge for all who come here, even if only for a short visit.
3.
People have chosen to live in Cambridge for this very special "Sense of Place" and a small-town lifestyle focused sharply on the natural beauty of this area.
4.
Because most present-day citizens of Cambridge have escaped "the fast track" pace of city living, their desire to preserve and enhance Cambridge's "Sense of Place" is constantly reinforced by the knowledge that our surroundings, our village heritage and the buildings of our town are irreplaceable resources.
C.
Statement of Visions and Goals. The future of Cambridge can be what individuals today are willing to envision for it.
D.
Understanding the Uniqueness of Cambridge. As Cambridge evolves, these imperatives exist for future building and development in the community:
1.
Architectural planning can incorporate and can be consistent with the existing village architecture and the environmental and cultural heritage;
2.
Commercial, public facility and multi-family residential developments can be designed with architectural character that accommodates structures in harmony with the natural setting and with our village heritage;
3.
Proportions and color schemes enhance our surroundings. Careful site planning is the essential basis for designing and building structures.
E.
With these concepts, many goals can be derived and may include:
1.
Maintain the value of Cambridge's scenic, natural and cultural heritage resources, which are keystones of our economic strength and quality of life;
2.
Promote Cambridge's small town quality of life;
3.
Provide integration of the manmade and natural environment;
4.
Promote compatibility between businesses, the community at large and the natural environment;
5.
Ensure a strong positive image for Cambridge.
(Ord. 2003-03 § 4 (part): prior code § 13-1-3)
It is the general intent of this title to:
A.
Regulate and restrict the use of all structures, lands and waters;
B.
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;
C.
Secure safety from fire, flooding, panic and other dangers;
D.
Provide adequate light, air, sanitation and drainage;
E.
Prevent overcrowding; avoid undue population concentration;
F.
Facilitate the adequate provision of public facilities and utilities;
G.
Stabilize and protect property values;
H.
Further the appropriate use of land and conservation of natural resources;
I.
Preserve and promote the beauty of the village;
J.
Implement the village comprehensive plan or plan components;
K.
Provide for the administration and enforcement of this title and to provide penalties for its violation.
(Prior code § 13-1-4)
It is not intended by this title 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 this title shall govern.
(Prior code § 13-1-6)
A.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
B.
All uses allowed in commercial and industrial districts are cross-referenced with the Standard Industrial Classification. The SIC number is shown in "[ ]."
(Prior code § 13-1-6)
This title shall be originally effective after a public hearing, adoption by the village board and publication or posting as provided by law. (August 8, 1989).
(Prior code § 13-1-70)
A.
Jurisdiction. The jurisdiction of this title shall include all lands and water within the corporate limits of the village.
B.
Compliance. No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this title and all other applicable village, county and state regulations.
(Prior code § 13-1-20)
For the purposes of this title, the following definitions shall be used:
"Accessory building" means a subordinate building or portion of the main building, the use of which is purely incidental to that of the main building, not including a garage as defined herein.
"Accessory use" means a use subordinate in nature, extent or purpose to the principal use of the building or lot.
Advertising Sign, Outdoor. "Outdoor advertising sign" means a structural poster panel or painted sign, either free standing 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. "Outdoor advertising structure" means anything constructed or erected, either free standing 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 way which affords only a secondary means of access to abutting property and which is not more than twenty-four (24) feet wide.
"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.
"Basement" or "cellar" means a story partly underground but having at least one-half of its height, or more than five feet, below the mean level of the adjoining ground. See Department of Commerce Chapters 20, 21 and 22.
"Boarding house" means a building other than a hotel where meals or lodging and meals are served for compensation for not more than six persons.
"Building" means a structure having a roof and intended for the shelter, housing or enclosure for persons, animals or chattel.
Building, Alterations of. "Alterations of building" 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, Front Line of. "Front line of building" means a line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
Building, Height of. "Height of building" 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. "Principal building" means a building in which is conducted the main use of the lot on which the building is located.
"Business" means and includes the commercial, limited industrial and general industrial uses and districts as herein defined.
Carport. See "Garage."
"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.
"Community living arrangements" shall be defined as set out in Section 46.03(22)(a), Wis. Stats. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including Sections 46.03(22), 69.97(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
"Conditional use" means use of land, water or building which is allowable only after the issuance of a special permit by the plan commission under conditions specified in this title.
"Conforming use" means any lawful use of a building or lot which complies with the provisions of this title.
"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 twenty-four (24) hours a day and is licensed as provided for in Section 48.65, Wis. Stats.
"Dwelling group" means a group of two or more multi-family dwellings occupying a lot in one ownership with any two or more dwellings having any yard or court in common.
"Dwelling unit" means a building or portion thereof used exclusively for human habitation, including single-family, two family and multi-family dwellings, but not including hotels, motels or lodging houses.
Dwelling, Multiple. "Multiple dwelling" 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.
Dwelling, One-Family. "One-family dwelling" means a detached building designed, arranged or used for and occupied exclusively by one family. Shall include specially designed buildings covered by earth.
Dwelling, Two-Family. "Two-family dwelling" means a building designed, arranged or used for, or occupied exclusively by, two families living independently of each other.
"Emergency shelters" means public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or invasions.
"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. A family may include in addition thereto two but not more than two persons not related by blood, marriage, adoption or guardianship. A person shall be considered to be related for the purpose of this section if he or she 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 center lines 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 Section 48.62, Wis. Stats., and amendments thereto.
"Fraternal club" means chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization which has as the owner, lessee or occupant operated an establishment for fraternal purposes in this state. An American national fraternal organization as used in this subdivision shall actively operate in not less than thirty-six (36) states or have been in active continuous existence for not less than twenty (20) years.
"Frontage" means all of the property abutting on one side of a 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. "Public garage" 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.
"Group foster home" means any facility operated by a person required to be licensed by the state under Section 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
"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 17.68.140.
"Hotel" means a building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than six sleeping rooms, usually occupied singly, and no provision made for cooking in the individual apartments.
"House trailer" means a nonself-propelled vehicle, containing living or sleeping accommodations which is designed and used for highway travel.
"Junk yard" means an open space where waste, used or second-hand 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. A "junk yard" 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.
"Lot" means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this title.
"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 width of a parcel of land measured at the rear of the specified street yard.
Lot, Reversed Corner. "Reversed corner lot" 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, Through. "Through lot" 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, Zoning. "Zoning lot" 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.
"Marquee" or "canopy" means a roof-like structure of permanent nature which projects from the wall of a building.
"Manufactured home" means a structure certified and labeled as a manufactured home under 42 USC Sections 5401-5426, which, when placed on the site:
1.
Is set on an enclosed continuous foundation in accordance with state statutes and applicable state and administrative codes, or is set on a comparable enclosed continuous foundation system approved by the building inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
2.
Is installed in accordance with the manufacturer's instructions;
3.
Is properly connected to utilities; and
4.
Meets other applicable standards of this title.
"Mobile home" means every vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid noncollapsible construction, except that excluded from this definition is every "manufactured home" as defined above.
"Motel" means a series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.
"Motor freight terminal" means a building or area in which freight brought by motor truck is assembled and/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 building or structure" means any building or structure which does not comply with all of the regulations of this title or of any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.
"Nonconforming use" means any use of land, buildings or structures which does not comply with all of the regulations of this title or of any amendment hereto governing use for the zoning district in which such use is located.
"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.
Parking Area, Semi-Public. "Semi-public parking area" 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 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.
"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.
"Private club" means a nonprofit association of persons who are bona fide members, whose facilities are restricted to the use of the members and their guests.
"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, clergymembers, 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 17.68.140 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.
School, Private. "Private school" 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 mental defectives or a college or other institution of higher learning.
School, Commercial. "Commercial school" means a school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between such floor and the ceiling next above it.
Story, Half. "Half story" 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 two feet above the floor of such story.
"Street" means a public or private thoroughfare which affords the principal means of access to abutting property.
"Structure" means anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
"Signs" means any 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.
"Structural alterations" means any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
"Trailer park" means any lot on which are parked two or more house trailers or mobile homes for longer than forty-eight (48) hours.
"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 title.
Use, Conditional. See "Conditional use."
Use, Permitted. "Permitted use" 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. "Principal use" means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional."
"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. "Corner side yard" means a side yard which adjoins a public street. In the case of a corner lot, any yard that is not a street yard is considered a side yard.
Yard, Front. "Front yard" means a yard extending along the full length of the front lot line between the side lot lines.
Yard, Interior Side. "Interior side yard" 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. "Rear yard" means a yard extending along the full length of the rear lot line between the side lot lines.
Yard, Side. "Side yard" means a yard extending along a side lot line from the front yard to the rear yard.
Yard, Street. "Street yard" means a yard abutting a street.
Yard, Transitional. "Transitional yard" 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.
(Ord. 2003-03 § 4 (part); prior code § 13-1-8)
(Ord. No. 2013-03, 11-12-2013; Ord. No. 2014-05, 10-14-2014)