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:

Abutting means having a common property line or district line.

Accessory use orstructure means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Alley means a public way not more than 21 feet wide which affords only a secondary means of access to abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single-family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

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

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or sued primarily for year-around living accommodations.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

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. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, detached, means a building surrounded by open space on the same lot.

Building, heights of means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal or main, means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this Code.

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

Carport means an automobile, shelter having one or more sides open.

Cellar means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

Clinic, medical or dental means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.

Club orlodge means a building or portion thereof or premises owned by a corporation, association, person or persons for a social, education or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

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

Conditional use means the occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district, which for their respective conduct, exercise or performance in such designated districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, condition modification, or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the City and, therefore, may be permitted in such district only by a conditional use permit.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Barron County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Corner lot means on corner lots, the setback shall be measured from the street line on which the lot fronts means The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street but the side yard setback shall in no case restrict the buildable width to less than 30 feet. Said corner lots shall be consisting of a parcel of property abutting on two or more streets at their intersection providing that the interior angle of such intersection is less than 135 degrees.

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

District, basic, means a part or parts of the City for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay, means overlay districts, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Duplex means a dwelling unit which consists of a single-family dwelling which is attached on one side to another single-family dwelling and in which both dwelling units are located on one parcel. These dwelling unit types may not be split into additional residences. In addition to the requirements set forth elsewhere in this Code, a duplex dwelling unit shall comply with the following:

(1)

It shall be separated from an adjoined duplex dwelling unit by a fire wall in accordance with section SPS 321.08 of the Wisconsin Uniform Dwelling Code;

(2)

It shall have individual electrical, gas, and other private utilities for each dwelling unit except as provided in Subsection (4), below;

(3)

It shall have individual sanitary sewer laterals and public water laterals, except as provided in Subsection (4), below;

(4)

It may have shared private utilities or shared public laterals upon written approval from the director of public works, where the installation of individual private utilities or laterals is deemed impractical.

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 mobile homes.

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

Dwelling, multiple-family means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

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

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

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

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

Farming, general, means floriculture, forest and game management, orchards, raising of grain, grass, mint and seedcrops, raising of fruits, nuts and berries, sod farming and vegetable farming. General farming includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area business and manufacturing buildings means for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

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

Frontage means all the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for the storage of automobiles of the occupant of the premises.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Grade means, when used as a reference point in measuring the height of a building, the average elevation of the finished ground at the exterior walls of the main building.

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.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the limitations of Section 118-7.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed-patient care.

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.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited, to used or salvaged or new scrapped base metal or metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading area means a completely off-street space or berth on the same lot for the k loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of 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 and other open space provisions of this Code as pertaining to the district wherein located.

Lot, corner, means a lot situated at the intersection of two streets.

Lot, interior, means a lot with frontage on only one street.

Lot, through, means a lot other than a corner lot with frontage on two streets.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90-degree angle from the road right-of-way.

Lot line means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in the length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front line or a rear lot line.

Lot of record means a lot which has been recorded in the office of the Register of Deeds prior to the effective date of the ordinance from which this chapter is derived.

Lot width means the horizontal distance between the side lot lines at the building setback line.

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.

Mobile home means a manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

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

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.

Mobile home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and any City Land Division Ordinance, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.

Modular unit means a prefabricated, detached single- or double-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 transported and mounted on a permanent foundation.

Nonconforming lot means a lot of record existing on the date of passage of the ordinance from which this chapter is derived, which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming uses 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 the ordinance from which this chapter is derived or amendments thereto and which is not in conformance with this chapter. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

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

Parties in interest means and includes all abutting property owners, all property owners within 300 feet, and all property owners of opposite frontages.

Planned unit development means a large lot or tract of land containing two or more principal buildings or uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Professional office means the office of a doctor, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, artist, musician, accountant, realtor, insurance, agent or other similar recognized profession.

Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.002(7), or any airport which serves or offers to serve common carriers engaged in air transport.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

Restaurant means a business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

Return means the sale of goods or merchandise in small quantities to the consumer.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the building. Uncovered steps shall not be included in measuring the setback.

Side yard means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Sign means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this chapter.

Street means property other than an alley or private thoroughfare or travel way which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

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

Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Twin house means a dwelling unit which consists of a single-family dwelling which is attached on one side to another single-family dwelling. The twin house is distinguished from the duplex merely by having each unit located on an individual lot or within a group development. These dwelling unit types may not be split into additional residences. In addition to requirements set forth elsewhere in this Code, a twin house dwelling unit shall comply with the following:

(1)

A twin house dwelling unit shall be separated from an adjoined twin house dwelling unit by a fire separation wall in accordance with SPS 321.08 of the Wisconsin Uniform Dwelling Code;

(2)

A twin house dwelling unit shall have individual electrical, gas, and other private utilities for each dwelling unit except as provided in Subsection (4), below;

(3)

A twin house dwelling unit shall have individual sanitary sewer laterals and public water laterals, except as provided in Subsection (4), below;

(4)

A twin house dwelling unit may have shared private utilities or shared public laterals upon written approval from the director of public works where the installation of individual private utilities or laterals is deemed impractical;

(5)

At the time adjoining twin house lots are created, a legal agreement shall be approved by the City and recorded against the title of both units. This agreement shall include items as required by the zoning administrator and, at minimum, specify matters of (a) access to any shared facilities; (b) maintenance of any shared facilities; (c) an allocation of costs; and (d) a dispute resolution mechanism.

Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

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

Variance means a relaxation of the terms of this chapter by the Board of Appeals where the literal enforcement of this chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

Vision clearance triangle 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 and a setback line connecting points located on such right-of-way lines by measurement from this intersection as, specified in this chapter.

Yard means an open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of there principal building excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard, rear, means a yard extending the full width of the lot between the rear lot line to the nearest part of the principal building.

Yard, side, means a yard on each side of the principal building extending from the building to the lot line and from the front yard line to the rear yard line.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.

Zoning permit means a permit issued by the Zoning Administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.

(Code 2005, § 13-1-200; Ord. No. 767A, § 1, 10-9-2018)

This chapter is adopted under the authority granted by Wis. Stats. § 62.23(7) and Wis. Stats. § 87.30 and amendments thereto.

(Code 2005, § 13-1-1)

The general intent and purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics and general welfare of the people of the City.

(Code 2005, § 13-1-3)

The general intent and purpose of this chapter is to regulate and restrict the use of all structures, lands and waters and to:

(1)

Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people;

(2)

Divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residential, business and manufacturing and other specified uses;

(3)

Protect the character and the stability of the residential, business, manufacturing and other districts within the City and to promote the orderly and beneficial development thereof;

(4)

Regulate lot coverage, the intensity of use of lot areas and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage;

(5)

Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements;

(6)

Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways;

(7)

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

(8)

Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the City;

(9)

Preserve and protect the beauty of the City of Chetek;

(10)

Prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

(11)

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 of existing and proposed arterial streets and highways;

(17)

Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the City of Chetek;

(18)

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

(Code 2005, § 13-1-4)

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

(Code 2005, § 13-1-5)

In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Chetek.

(Code 2005, § 13-1-6)

(a)

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(b)

If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a Court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.

(Code 2005, § 13-1-7)

(a)

Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City of Chetek. The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this chapter.

(b)

Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, County and State regulations.

(c)

District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter 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.

(d)

Yard reduction or joint use.

(1)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(2)

No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.

(e)

Relationship with other laws. Where 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 chapter 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 2005, § 13-1-10)

Only the following uses and their essential services may be allowed in any district:

(1)

Permitted uses. Permitted uses, being the principal uses, specified for a district.

(2)

Accessory uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.

(3)

Conditional uses.

a.

General conditional use provisions. Provisions applicable to conditional uses generally:

1.

Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter excepting those existent at time of adoption of the ordinance from which this chapter is derived.

2.

The proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter.

3.

Conditional uses, when replaced by permitted uses, shall terminate. In such cases, the reestablishment of any previous conditional uses, or establishment of new conditional uses shall require review, public hearing and approval by the Plan Commission in accordance with Article IV of this chapter.

b.

Specific conditional use provisions. Provisions applicable specifically to limited conditional uses:

1.

Conditional uses authorized by the Plan Commission may be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.

2.

Conditional uses authorized by the Plan Commission shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Plan Commission approval and the procedures required in Article IV of this chapter.

3.

Conditional uses shall be subject to the continuing authority of the Plan Commission to review conditions including, but not limited to, vehicular traffic, noise, lighting, or other such conditions which exist on a property which has been granted a conditional use. If, in the opinion of the Plan Commission, the conditional use adversely affects adjoining and/or adjacent properties, or where deemed appropriate for the best interests of the general public health, safety, or welfare, the Plan Commission may establish additional fencing, vegetative or other requirements on the conditional use.

(4)

Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in Section 118-71 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Plan Commission for determination in accordance with the following procedure:

a.

Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Plan Commission to facilitate the determination.

b.

Investigation. The Plan Commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in the chapter and to determine its classification.

c.

Determination. The determination of the Plan Commission shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in Section 118-71.

d.

Effective date of determination. At the time of this determination of the classification of the, unlisted use by the Plan Commission, the classification of the unlisted use shall become effective.

(Code 2005, § 13-1-11)

(a)

Street frontage. All lots shall abut upon a public street or other officially approved means of access and each lot shall have a minimum frontage of 25 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.

(b)

Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The Plan Commission may permit as a conditional use or planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.

(c)

Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(d)

Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council. Any site located within 500 feet of any sewage treatment facility, or any such lesser distances as may be subsequently authorized by State law or regulatory change, shall be conclusively deemed unsuitable for any commercial and/or residential construction under this section. However, this conclusive presumption is not applicable to the repair or replacement of any structure or use existing on July 8, 1997, with a substantially similar structure or use.

(e)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1½ horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(f)

Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.

(g)

Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the centerline of the vacated area shall not be affected by such proceeding.

(h)

Platting. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.

(i)

Dwelling units. No cellar, basement or unfinished home, garage, tent, trailer or accessory building shall, at any time, be used as a dwelling unit, except mobile homes located in an approved mobile home park and except as permitted by the Zoning Administrator in cases of home construction or other hardship. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire protecting walls and other requirements as may be imposed by the building and housing codes.

(j)

Underground tanks. No underground tanks other than those that are in a basement or cellar of a building, are permitted in the City of Chetek. Existing tanks that are deemed abandoned under State law shall be removed or abandoned in place as required by State law. Existing underground tanks that are in use and are otherwise in conformity with State and Federal law on the date of the adoption of this Code of Ordinances are permitted so long as they remain in conformity with the then existing State and Federal law regulating the same.

(Code 2005, § 13-1-12)

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 also permitted:

(1)

Fire escapes may project into a required yard area not more than five feet.

(2)

An open terrace or uncovered porch may extend into the required setback for the front yard and/or rear yard a distance of six feet provided the floor is not higher than four feet above grade.

(3)

Steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

(4)

Awnings and canopies may extend into the required yard a distance not to exceed four feet.

(5)

Chimneys, provided they do not extend more than two feet into a required yard.

(6)

Recreational equipment.

(7)

Laundry-drying equipment.

(8)

Overhanging eaves and gutters projecting into the-yard for a distance not exceeding 40 percent of the required yard width or three feet, whichever is less.

(Code 2005, § 13-1-13)

(a)

Measurements. All measurements shall be taken from the nearest point of a building to the lot line in question, subject to the following.

(1)

No buildings shall hereafter be erected, structurally altered or relocated so that any enclosed portion thereof is closer to the yard line than the setback distance hereinafter specified by the regulations of the district in which it is located with the following exceptions applicable only where the setback requirements affecting all properties are identical and provided that in no case shall a building be permitted forward of the yard line.

(2)

In subdivided areas, whenever block frontage on one side of a street is 40 percent or more developed with the principal buildings having a front yard which is greater or less than the required front in the district. The front setback line of the proposed building shall not be less than the average line of the setbacks of the existing principal structures located on each side of the proposed site. Where there is only one existing main building, the setback shall not be less than the average of the setback of the existing building and the required setback. In no case shall a front setback line be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located.

(3)

On lots having double frontage, through lots, the required front yard shall be provided on both street sides.

(4)

On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street, provided the buildable width of a lot of record shall not be reduced to less than 30 feet nor closer than six feet to any side lot line.

(b)

Height regulations. Except as provided below, all buildings and structures shall conform to the height regulations for the zoning district in which they are located.

(1)

Ornamental structures, chimney and flues, tanks, masts, silos, conveyors, flag poles, radio and television broadcasting and receiving towers, telephone and power transmission poles, towers and lines, microwave radio relay structures and necessary mechanical appurtenances and accessory structures essential to the use or protection of a building or to a manufacturing process carried out therein are exempted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of Barron County, provided that any such structure which is accessory to a building in a residence district or which adjoins a residential lot and is not separated by a street, shall be located not less than 25 feet from the lot line.

(2)

Churches, schools, hospitals and other similar buildings may be erected to a height not exceeding 75 feet, provided the front, side and rear yards required in the district in which such building is to be located are at least one foot wider for each foot of additional building height above the height limit otherwise established for the district in which such buildings are to be located.

(Code 2005, § 13-1-14)

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Code 2005, § 13-1-15)

(a)

Purpose. The purpose of this section is to regulate the conditions under which occupations may be carried on in homes in order that such home occupations may not undermine the general intent and purpose of this chapter and the specific purposes of the residential districts. The standards for home occupations in this chapter are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.

(b)

Standards. Home occupations shall be subject to the following standards:

(1)

Such occupation shall be conducted solely by resident occupants in their residence.

(2)

The home occupation shall be incidental and subordinate to its uses for residential purposes.

(3)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction or lighting.

(4)

The occupations shall be conducted wholly within the dwelling or an accessory building.

(5)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(6)

No home occupation use shall create noise, dust, vibrations, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance beyond what normally occurs in the applicable zoning district.

(7)

There shall not be outside storage of any kind related to the home occupation.

(8)

No home occupation shall involve the use of commercial vehicles for delivery of materials to or from the premises. This shall not be interpreted to include delivery and/or pick-up services such as United Parcel Service, Federal Express, etc., in the conduct of their normal operations.

(9)

Activities which involve the manufacture, utilization, processing or storage of chemicals or inflammable and explosive materials shall not be carried out.

(c)

Nameplate allowed. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed one square foot in area, shall be nonilluminated and, shall be attached flat to the main structure or be visible through a window. The limitation to one nameplate is intended to apply to lots, including corner lots.

(d)

Permitted home occupations. Permitted home occupations include, but are not necessarily limited to, the following:

(1)

Medical personnel, including, but not necessarily limited to, physicians, surgeons, dentists, chiropractors or optometrists for consultation or emergency treatment.

(2)

Artists or sculptors.

(3)

Authors or composers.

(4)

Family day care home, limited to not more than eight children. Family day care homes shall be subject to State licensing requirements.

(5)

Home crafts such as model making, rug weaving and cabinet making.

(6)

Office facility of a minister, rabbi or priest.

(7)

Office facility of an architect, professional engineer, lawyer, accountant, or tax preparer, surveyor, landscape architect, insurance agent or real estate agent, provided that no person is employed other than a member of the immediate family residing on the premises.

(8)

Private tutoring limited to three pupils at any one time.

(9)

Musical instruction limited to one pupil at a time.

(e)

Home occupations not permitted. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes; therefore, home occupations not permitted include, but are not necessary limited to, the following:

(1)

Barbershops and beauty parlors.

(2)

Antique shops.

(3)

Stables and kennels.

(4)

Medical offices, including, but not necessarily limited to, physicians, surgeons, dentists, chiropractors or optometrists for the general practice of the profession.

(5)

Automobile repair or paint shops.

(6)

Restaurants and bakeries.

(f)

Proposed home occupations not covered. Any proposed home occupation that is neither specifically permitted by Subsection (d) of this section nor specifically prohibited by Subsection (e) of this section shall be considered a conditional use and be granted or denied by the Plan Commission upon consideration of those standards contained in Subsection (b) of this section and in accordance with the procedures as required in Article IV of this chapter.

(Code 2005, § 13-1-16)

(a)

Purpose and intent. This chapter was developed based on the firm belief that the current and future values and general welfare of the community are affected significantly by the appearance and maintenance of real property and property values and that implementation of this chapter will avoid further deterioration of residential and nonresidential areas and be of benefit to the community as a whole. The purpose and intent of this chapter is to:

(1)

Enhance and promote the maintenance and appearance of real property, both improved and unimproved, and by doing so, improve the livability, appearance and social and economic conditions of the community;

(2)

Ensure that real properties, whether improved or unimproved, do not reach such a state of deterioration or disrepair as to cause the depreciation of the value of surrounding property or be materially detrimental to nearby properties and improvements;

(3)

Utilize the sanctions and penalties of this chapter after all reasonable efforts at resolution by educational and nonconfrontational means have been exhausted, it being recognized that voluntary compliance is preferred over all other remedies;

(4)

Set forth the requirement that all property within the City of Chetek be maintained and has an appearance that is acceptable to the general public;

(5)

Establish the minimum standards for the appearance and maintenance of real property. This chapter applies to both residential and nonresidential developed properties, as well as undeveloped land. These standards apply to only portions of private property that is visible from the public right-of-way; and

(6)

Establish that it is unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the conditions as described in the this chapter exist, except as may be allowed by the City Code.

(b)

Definitions.

Best management practice (BMP) means the schedule of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce to the maximum extent practicable the pollution of the waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.

Property shall mean real property and includes buildings and other fixtures and improvements located upon the property and affixed to the land.

Public right-of-way shall mean any place owned and maintained by or dedicated to use of the public for the purpose of pedestrian or vehicular travel, including by not limited to a street, sidewalk, curb, gutter, parkway, highway, alley, mall or court. Public right-of-way does not include improved or unimproved pedestrian, equestrian or bicycle trails; pathways, walkways, driveways, or similar areas within parks or other City-owned property; or easements not previously used for the purpose of pedestrian or vehicular travel.

(c)

Property in general. It shall be unlawful for any person owning, leasing, occupying or having charge of any property within the City of Chetek to maintain such property in such manner that any of the following conditions are found to exist thereon:

(1)

Outside storage. It shall be unlawful to maintain outside storage, at a location visible from the public right-of-way, of building material, machinery or other material or equipment, used in or for a business, on any lot within the City, except during the construction on the lot or unless permitted for the particular property. This includes but is not limited to:

a.

Any material used for construction to include, but not limited to lumber, metal, electrical supplies or bricks;

b.

The accumulation of dirt, sand, gravel, concrete, or other similar material not incorporated into landscaped design/areas on the property; and

c.

Boats, trailers, camper shells, recreational vehicles, vehicle parts, furniture or other articles of personal property that are left in a state of partial construction or disrepair.

(2)

Graffiti. Graffiti including but not limited to words, symbols or drawings on the exterior of any building, fence, wall, pole, sidewalk, tree or other structure must be removed within 15 calendar days of written notice to the property owner.

(3)

Animal feces. The existence of solid waste such as excessive animal feces or human waste of any kind.

(d)

Buildings and structures. It shall be unlawful for any person owning, leasing, occupying or having charge of any building or structure within the City of Chetek to maintain such property in such manner that any of the following conditions are found to exist thereon:

(1)

General condition. Buildings or structures that are dilapidated, abandoned, partially destroyed, have broken windows or broken windows secured with wood or other materials, or that are left in an unreasonable state of partial construction or demolition, or disrepair. An unreasonable state is defined as any unfinished building or structure, which has been in the course of construction, demolition or disrepair for one year or more, or where the appearance and other conditions of said building or structure substantially detracts from the appearance of the immediate neighborhood.

(2)

Exterior surfaces. Buildings or structures with damaged or defective building exteriors, that are unpainted (except color coated or natural finish coated), or where the paint on the building exterior is mostly worn off, cracked or peeling; or where roofing or other exterior materials or components are deteriorated, mostly infected with dry rot, or warped so as to constitute an unsightly appearance, or contribute to blight and property degradation for one year or more.

(e)

Enforcement; penalty.

(1)

City appointed designee to enforce. It shall be the duty of the City-appointed designee or his/her designee to enforce all of the provisions of this section. The City-appointed designee or his/her designee shall use any remedy afforded to the City by the Chetek Municipal Code including, without limitation, those set forth in Chapters 1, 26, 62, and 118 of this Municipal Code.

(2)

Violator punishable by a fine(s). Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a civil infraction, and upon conviction thereof shall be punishable by fine as established in Chapter 1 of the Chetek Municipal Code.

(3)

Each day a separate offense. Each and every day a violation of any provision of this chapter exists constitutes a separate distinct violation.

(f)

Appeal process.

(1)

In the event a citizen is deemed to be in violation of any portion of this ordinance and has an economic situation preventing them from complying with an order given by the Zoning Administrator an appeal may be made to the Plan Commission within 14 days of receiving a written order. The Plan Commission shall act on the appeal within 30 days of the request for appeal. The Plan Commission shall forward their recommendation to the Common Council for review at their next regularly scheduled meeting. An individual shall not be cited during the appeal process.

(2)

If a property owner disagrees with an order of the Zoning Administrator, the individual may file an appeal with the Board of Appeals according to the regulations set forth in section 118-398 of the zoning code.

(Ord. No. 713A, § 2, 2-8-2011)