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Cameron Village City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 34-1.- Title.

This chapter shall be known, cited and referred to as "The Village of Cameron Zoning Code."

(Code 1992, § 17.01)

Sec. 34-2. - Intent and purpose.

The intent and purpose of this chapter are as follows:

(1)

To provide for the citizens of the village adequate light, pure air, safety from fire and other dangers; to conserve the value of land and buildings; to lessen or avoid congestion of traffic in the public streets; and to promote the public health, safety, comfort, convenience, morals and general welfare.

(2)

To promote the character and stability of residential, business and manufacturing areas within the village and to promote the orderly and beneficial development of such areas.

(3)

To preserve the aesthetic quality and the historic and cultural areas of the village.

(4)

To establish restrictions in order to attain these objectives by adopting a zoning code which will create districts into which the village is divided and to provide for the requirements upon the intensity of the use of land and buildings, off-street parking facilities, the provision for administration and enforcement, the penalties for violation of this chapter and the procedure, powers and duties of the board of zoning appeals, the plan commission and the village board.

(Code 1992, § 17.02)

Sec. 34-3. - 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 building means a subordinate building, the use of which is purely incidental to the permitted use of the main building and is unattached from the principal building by a minimum of ten feet.

Advertising sign means an advertising sign, billboard or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such advertising sign is located or to which it is affixed, but does not include those business signs which direct attention to the business on the premises to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

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

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

Apartment means a portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.

Basement means a portion of a building or structure with four feet or more above ground and designed for human occupancy.

Board means the board of zoning appeals, as provided in article II, division 2, of this chapter.

Boarding house means a building, other than a hotel, where meals or lodging and meals are provided for compensation for not more than six persons.

Building means a structure having a roof supported by columns or walls and which is intended for the shelter, housing or enclosure of persons, animals or chattels; each portion of a building separated by division walls from the ground up, without openings in those walls, is a separated building for the purpose of this chapter.

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, height of, means the vertical distance from the average elevation of the finished grade at the building line to the highest point of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable or gambrel, hip or pitch roof.

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

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

Business sign means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises on which such sign is located, or to which it is affixed.

Cellar means a portion of a building or structure with less than four feet above ground.

Clinic means an establishment for medical examination and treatment of patients, but without provisions for keeping such patients overnight on the premises. For purposes of this chapter, a doctor's or dentist's office in a residence, when it complies with the requirements of this chapter relating to such office, shall not be considered a clinic.

Club means an association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.

Conditional use means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as an approved use in any particular district. In each case, after due consideration by the village board of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such conditional use may or may not be granted.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

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

Dwelling, two-family, means a detached building designed for and occupied exclusively by two families living independently of each other.

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, apartment hotels and townhouses.

Family means any number of individuals living and cooking together on the premises as a single housekeeping unit.

Forest industries means the cutting and storing of forest products, the operation of portable sawmills, or the production of maple syrup and sugar.

Garage, public, means a building or portion thereof used for the housing or care of motor vehicles for the general public or where such vehicles are equipped or repaired for remuneration or kept for hire or sale. The term "public garage" may include 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 or other lubrication 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 such vehicles.

Home occupation means any occupation for gain or support conducted entirely within a building by resident occupants and no more than one nonresident person which is incidental to the principal use of the premises, does not exceed 25 percent of the area of any above-ground living area, has no article offered for sale except such as is produced by such home occupation, and meets all of the conditions of this chapter. Examples of home occupations are babysitting, millinery, canning, dressmaking, dentists, architects, landscape architects, registered land surveyors, lawyers and teachers.

Hospital, unless otherwise specified, means and includes sanitarium, sanatorium, preventorium, rest home, nursing home, convalescent home and any other place for the diagnoses, treatment or other care of ailments. The term "hospital" shall be limited to places for diagnosis, treatment or other care of human ailments with provisions for keeping such patients overnight on the premises.

Hotel means an establishment for transient guests having sleeping rooms without individual cooking facilities for more than six persons for compensation and may or may not provide meals.

Interchange means a grade-separated intersection with one or more direct connections for vehicular travel between the intersecting streets or highways.

Junk yard means an open space where waste or 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 "junk yard" also includes an auto wrecking yard, but does not include uses established entirely within closed 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 division of land occupied or designed to be occupied by one building and its accessory buildings or uses, including open spaces required by this chapter. A lot may be a parcel of land designated in a plat laid out prior to the effective date of the ordinance from which this chapter is derived, whether or not such division abuts a public street or other officially approved place recorded in the office of the register of deeds or any part of a larger division when such parts comply with the requirements of this chapter as to width and area for the district in which it is located. No land included in any street, highway or railroad right-of-way shall be included in computing lot area.

Lot coverage means the percent of the area of a lot occupied by buildings or structures, including accessory buildings or structures.

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 U.S. Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425.

State Law reference— Similar provisions, Wis. Stats. § 101.91(2).

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.

State Law reference— Similar provisions, Wis. Stats. § 101.91(10).

Mobile home park means any lot on which two or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreation and other community service facilities designed for the exclusive use of park occupants.

Modular unit means a detached single- or two-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems which is or was designed to be mounted on a permanent foundation.

Motel means a building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of transients and where there is no permanent occupancy of any unit, except by the owner, his agent or his employees.

Nursing home, rest home, orconvalescent home means a private home for the care of the aged or infirmed, or a place of rest for those suffering bodily disorders, but not including facilities used primarily for the treatment of a sickness or injuries or for surgical care.

Open sales area means any open land or area used or occupied for the purpose of displaying for sale new or secondhand passenger cars or trucks, farm machinery, construction machinery, motor scooters or motor cycles, boats, trailers, aircraft and monuments. No repair work is done in such an area except for minor incidental repair of items to be displayed and sold on the premises.

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

Parking space means an off-street space available for the parking of a motor vehicle and which is held to be an area, the dimensions of which are ten feet by 20 feet or which covers 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

Place of assembly means a place where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.

Plan commission means the local planning agency that has planning jurisdiction in the village.

Professional home office. See Home occupation.

Restaurant means a space within a suitable building providing adequate and sanitary kitchen equipment and a dining room of related capacity, having employees for preparing, cooking and serving suitable food.

Rest home. See Nursing home.

Roadside stand means a structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.

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

Roominghouse means a building, other than a hotel, where rooming units, but not meals, are provided for compensation for not more than six persons.

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

Setback means the minimum horizontal distance from the front line of the lot, the right-of-way line of the highway or the centerline of the highway, as designated in this chapter, to the front wall of the building, exclusive of permitted projections. The setback shall be measured at right angles to such front lot line, right-of-way line or centerline of a highway.

Sheltered care facility means a private home which provides separate sleeping accommodations and kitchen facilities for its occupants, but also maintains some means of contact with a central control office or building. This facility may include joint recreational and eating facilities.

Sign means anything erected, hung, suspended, painted or attached to any other structure carrying words, letters, figures, phrases, sentences, names, designs, trade names or trademarks or any other devices placed so as to be visible from a street or highway and calling attention to a business, trade, profession, commodity, product, person, firm or corporation.

Special exception. See Conditional use.

Street means a public or private thoroughfare which may either provide the principal means of pedestrian and/or vehicular access to abutting property or may provide for the movement or pedestrian and/or vehicular traffic or both.

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

Structure means anything constructed or erected, the use of which requires location on the ground or that is attached to something having a location on the ground, but not including utility lines and their normal accessory equipment.

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

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

Variance means a departure from the terms of this chapter as applied to a specific building, structure or parcel of land which the board of zoning appeals may permit, contrary to the regulations of this chapter, for the district in which such building, structure or parcel of land is located when the board of zoning appeals finds that a literal application of such regulation will affect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is no compensation or gain to the property and does not endanger the public health, safety or welfare.

Vision clearance means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines by measurement from their intersection, as specified in this chapter.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards.

Yard, front, means a yard fronting on any street extending across the full width of a lot, having a depth equal to the minimum horizontal distance between the front property line and the nearest point of the principal structure, excluding permitted projections.

Yard, rear, means a yard, unoccupied, except by accessory buildings, extending from the rear line of the main building to the rear lot line for the entire width of the lot, excluding such projections as are permitted herein.

Yard, side, means a yard or open space on each side of the main building extending from the side lot line to the side wall of the building, exclusive of permitted projections, and from the front yard to the rear yard. When an accessory building is constructed as part of the main building, the side yard requirements shall be the same for the accessory building as required for the main building.

(Code 1992, § 17.03)

Sec. 34-4. - Minimum requirements.

The provisions of this chapter shall be held to be minimum requirements for the promotion of public health, safety, morals, welfare and aesthetic quality in the village.

(Code 1992, § 17.04(1))

Sec. 34-5. - Relationship with other laws.

When the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Code or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive or impose higher standards or requirements shall be enforced.

(Code 1992, § 17.04(2))

Sec. 34-6. - Effect on existing agreements.

This chapter does not abrogate existing easements, covenants or any other private agreements, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this chapter shall prevail.

(Code 1992, § 17.04(3))

Sec. 34-7. - Scope of regulations.

Except as may otherwise be provided in the nonconforming uses section of this chapter, all buildings erected hereafter, all structural alterations or relocations, all uses of land or buildings established and all enlargements of or additions to existing uses occurring after the adoption of the ordinance from which this chapter is derived shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(Code 1992, § 17.04(4))

Sec. 34-8. - Building permit.

Where a building permit for a building or structure has been legally issued prior to the effective date of the ordinance from which this chapter is derived and permitted construction is begun within 90 days of such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the plans on the basis of which the building permit has been issued.

(Code 1992, § 17.04(5))

Sec. 34-9. - Nonconforming buildings, structures and uses.

(a)

General provisions. Any lawful building, structure or use existing on the effective date of this chapter may be continued, even though it does not conform to the provisions of this chapter for the district in which it is located. Whenever a district is rezoned thereafter, the lawful buildings, structures and uses existing on the effective date of the rezoning may be continued.

(b)

Special conditions. Structural repairs and alterations of nonconforming buildings and structures and their premises shall not exceed 50 percent of their equalized value on the date they became nonconforming. Normal maintenance of a structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations, provided such repairs and alterations do not extend or intensify the nonconforming use.

(c)

Discontinuance. A nonconforming use shall be permanently discontinued when:

(1)

It is discontinued for 12 months or where there is clear evidence that the owner has abandoned the use. This provision applies to both residential and nonresidential uses.

(2)

The structure containing the use is destroyed by any means to the extent of 50 percent of its then-current assessed value. In such a case, the structure can only be reconstructed for a conforming use. Restoration or repair of a less damaged structure shall be started within 90 days from the date of damage and diligently pursued to completion or the use shall be permanently discontinued.

(Code 1992, § 17.04(6))

Sec. 34-10. - Dimensional requirements.

After the adoption of this chapter, no lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met.

(Code 1992, § 17.04(7))

Sec. 34-11. - Accessory buildings.

Accessory buildings shall not occupy more than 30 percent of the required area for the rear yard.

(Code 1992, § 17.04(8))

Sec. 34-12. - Obstructions.

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices and ornamental features. In addition, the following obstructions are permitted:

(1)

Fire escapes which do not project more than five feet into a required yard.

(2)

Open terraces not over four feet above the average level of adjoining ground, but not including permanently roofed-over terraces or porches.

(3)

Awnings and canopies.

(4)

Determination. The determination of the plan commission shall be rendered in writing within 60 days from application and shall include findings supporting the conclusion.

(5)

Effective date of determination. Within five days following the date of a decision, the plan commission shall transmit to the village board and petitioner written notice of the decision, at which time the classification of the unlisted use shall become effective.

(Code 1992, § 17.04(9))

Sec. 34-13. - Penalties.

Failure to comply with the provisions of this chapter shall be regarded as a violation. Any person who commits such a violation shall be subject to a forfeiture of not more than $100.00 and, in default of payment of such forfeiture, shall be imprisoned in the county jail for 90 days. Each day a violation is continued shall be considered a separate offense.

(Code 1992, § 17.20(6))

Sec. 34-14. - Annexation.

All territory annexed by the village shall become part of the R-1 district until definite boundaries and regulations are recommended by the plan commission and adopted by the village board, such adoption to be completed within 90 days of the annexation.

(Code 1992, § 17.22)