The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the City. Among other purposes, such provisions are intended to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the area of open spaces within and surrounding such buildings designed for specified industrial, business, residential and other uses and for said purposes to divide the entire City into districts of such number, shape, and areas as may be deemed best suited to carry out these regulations and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures and land; to provide for the administration and interpretation of said regulations; to provide for amendments, to prescribe penalties for the violation of its provisions, and to provide for its enforcement.

For the purpose of this chapter and when not inconsistent with the context, words in the present tense include the future tense, words in the singular number include the plural, and words in the plural number include the singular; the word person may be taken for persons, associations, copartnership, or corporation; the word structure includes buildings; the word occupied includes designed or intended to be occupied; the word shall is always mandatory and not merely permissive; City refers to the City of Chippewa Falls, Chippewa County, Wisconsin; City Council refers to the City Council of said City; Plan Commission refers to the City Plan Commission established under §62.23, Wis. Stats.; and reference to any officer such as Building Inspector, Plumbing Inspector, Engineer or Attorney means that officer appointed or otherwise officially designated by the City in such capacity.

ADJOINING: Adjacent, bordering, touching or contiguous. If 2 lots, are separated by a street or alley, they shall not be deemed to be adjoining.

ADULT BOOK STORE: (Cr. #96-8) An establishment having as a predominant portion of its stock in trade, books, magazines and other periodicals, or video cassettes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as used herein, "predominant portion" shall mean any one or more of the following:

(1)

Something greater or superior in power and influence to others with which it is connected or compared.

(2)

Having the ascendancy over other; superior, as in strength, influence, authority, or position; prevailing; or ii, to exceed in number; preponderate.

(3)

Having 50 percent or more of the stock in trade as measured by area of visual display compared to all other stock in trade combined.

(4)

Having 50 percent or more of the number of sales and usage as compared to the tabular numbers of sales and usage of all stock in trade.

ADULT CABARET: (Cr. #99-12) A nightclub, bar, theater, restaurant, hotel, motel, or similar establishment, whether licensed for intoxicating beverages or not, which features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. An adult cabaret does not include theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music, and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

ADULT MOTION PICTURE THEATER: (Cr. #96-8) An enclosed building or gathering place which is predominately used for presenting video, audio, or a combination thereof distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein, and which such material is presented in exchange for remuneration.

(1)

Specified Anatomical Areas:

(a)

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola;

(b)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(2)

Specified Sexual Activities:

(a)

Human genitals in a state of sexual stimulation or arousal; or

(b)

Acts of human masturbation, sexual intercourse or sodomy; or

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

ALLEY: A public right-of-way which affords only a secondary means of access to abutting property.

APARTMENT: 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, individuals, or group of individuals with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking, and eating.

APARTMENT HOUSE: See "Dwelling, Multiple."

ATTIC: The space not used for human occupancy located between the ceiling or uppermost story and the roof.

BASEMENT: That portion of a building that is partially or wholly below ground level. This portion serves as a substructure or foundation for a building.

BEDROOM: (Am. #95-4) A room in a dwelling unit planned and intended principally for sleeping purposes, an all-purpose room, a study, a den, separable from other rooms by a door. (The term bedroom is defined broadly in order to prevent the circumvention of code requirements by claiming, for example, that a two-bedroom apartment unit is only a one-bedroom unit with a den.)

BOARDING HOUSE: See "Lodging House."

BUILDING: Any structure used, designed or intended for the roofed shelter, enclosure, or protection of persons, animals or property.

BUILDING, ACCESSORY: A building or portion of a building used for a purpose customarily incident to the permitted principal use of the lot or to a principal building and located on the same lot as the principal use.

BUILDING, HEIGHT OF: The vertical distance measured from the average established street grade in front of the lot or the average finished grade at the front building line, whichever is higher, to the highest point of the roof, but not to include penthouses. See definition for "Penthouse."

BUILDING, PRINCIPAL OR MAIN: 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.

CARPORT: An automobile shelter having one or more sides open.

CELLAR: See "Basement."

CLINIC, MEDICAL OR DENTAL: 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, PRIVATE: A building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

COMMUNITY LIVING ARRANGEMENT: The following facilities licensed or operated, or permitted under the authority of Wisconsin State Statutes: child welfare agencies under §48.60, group foster homes for children under §48.02(7m), and community-based residential facilities under §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 Chapter 205, Laws of 1977 and Chapter 72, Laws of 1981 of the Wisconsin State Statutes and amendments thereto.

CONDITIONAL USE: 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 herein and in the City, and therefore, may be permitted in such district only by a Conditional Use Permit.

CONDOMINIUM: Property subject to a condominium declaration established under Chapter 703, Wis. Stats.

CONFORMING USE: Use of land, buildings or structures legally existing which comply with all the regulations of this chapter.

COURT: A court is an open, exterior space providing required natural light or ventilation for the building or providing a pathway for public egress from a building exit to a public thoroughfare.

DAY CARE CENTER: Any licensed facility where a person, other than a relative or guardian provides, for compensation, care and supervision for 4 or more children, for less than 24 hours a day.

DWELLING: Any building or portion thereof which is designed for or used for residential purposes.

DWELLING GROUP: A group of dwellings, each containing one or more dwelling units and all occupying one lot or zoning lot, as defined herein.

DWELLING, MULTIPLE: A building or portion thereof used or designated as a residence for 3 or more families as separate dwelling units, including, but not limited to, apartment houses and townhouses.

DWELLING, SINGLE-FAMILY: A building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY: A building designed for and occupied exclusively by 2 families living independently of each other.

DWELLING UNIT: Any room or group of rooms located within a building and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

FAMILY: One or more persons related by blood, adoption or marriage and not to exceed 4 persons not so related, living together on the premises as a single housekeeping unit.

FRONTAGE: All the property on one side of a street between 2 intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

GARAGES, PRIVATE: (Am. #91-27) A detached accessory building or portion of the principal building primarily for the storage of passenger vehicles, boats, trailers, or recreational vehicles of the owner or occupant of the building to which it is accessory with no facilities for mechanical service or repair of commercial or public nature.

GARAGE, PUBLIC OR COMMERCIAL: A building or portion thereof used for the housing or care of motor vehicles for the general public or where any such vehicles are equipped or repaired for remuneration or kept for hire or sale.

GASOLINE SERVICE STATIONS: A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. A gasoline service station might also include facilities for greasing, oiling, washing and minor repair of vehicles on the premises, but not including any major body repair facilities.

GRADE (AT BUILDING): Elevation of surface of paved or unpaved ground adjacent to the wall of a building.

GRADE, STREET: The elevation of the finished street at the centerline or curb as fixed by ordinance.

GROUND FLOOR: That story of a building on or nearest to ground level or street level as measured along the front lot line.

HOME OCCUPATION: 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 §17.12 of this chapter.

HOSPITAL: 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.

HOSPITAL, ANIMAL: An establishment providing for medical care and treatment of animal pets, but distinguished from a kennel in that no outdoor runs shall be permitted for boarded animals and all indoor runs shall be soundproofed.

HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined.

INSTITUTION: An organization or establishment devoted to the promotion of a particular object including, but not necessarily limited to, one of a public, educational or charitable character.

JUNK YARD: 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 or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matters; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

KENNEL, COMMERCIAL: An establishment where dogs or other animal pets not part of the actual household on the lot on which the facility is located are raised, bred or boarded.

LAUNDROMAT: An establishment providing home type washing, drying or ironing machines for hire to be used by customers on the premises and also including dry cleaning machines.

LOADING SPACE: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, having adequate ingress and egress to a public street or alley.

LODGING HOUSE: A building with more than 2, but not more than 10 guest rooms where lodging, usually on a continuing basis, with or without meals, is provided for compensation.

LOT: An entire parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, or by a group such as a dwelling group and their accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

LOT AREA: The area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfare.

LOT, CORNER: A lot abutting 2 or more intersecting streets.

LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

LOT, DOUBLE FRONTAGE: A lot having a frontage on 2 nonintersecting streets as distinguished from a corner lot.

LOT, INTERIOR: A lot other than a corner lot or a double frontage.

LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Chippewa County; or a parcel of land, the deed to which was recorded in the office of the Register of Deeds of Chippewa County.

LOT LINE: 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: In the case of an interior lot or double frontage lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in affect specify another line as the front lot line.

LOT LINE, REAR: 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 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any lot boundary line not a front lot line or a rear lot line.

LOT WIDTH: The dimension of a lot, measured between side lot lines at the building line.

MANUFACTURED HOME: A structure certified and labeled as a manufactured home under U.S.C. sections 5401-5426. Manufactured homes meeting the requirements under this Code for single-family or two-family dwellings shall be considered as such and must be installed in accordance with all applicable rules and regulations pertaining to single-family or two-family dwellings. All other manufactured homes are considered mobile homes by definition. (Am. #95-27)

MINIMUM REQUIRED FLOOR AREA: The gross area of the ground floor of the principal building measured in square feet, excluding an attached garage.

MOBILE HOME: A structure, transportable in one or more sections, which is 8 body feet or move in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A mobile home includes any additions, attachments, annexes, foundations or any parts that may be folded, collapsed or telescoped when being towed, and expanded later to provide additional cubic capacity.

A mobile home should not be confused with a recreational vehicle as defined herein, nor shall it include modular or prefabricated dwelling units which meet or exceed the requirements of the Wisconsin Building Code and Chippewa Falls Building Code.

A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances or mobility are removed and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.

MOBILE HOME, BASIC UNIT: The mobile home excluding hitch, awnings, cabanas, storage unit, carport, windbreak, nonwinterized porch, or similar appurtenant structures.

MOBILE HOME, DEPENDENT: A mobile home which does not have complete bathroom facilities.

MOBILE HOME, DOUBLE WIDE: A mobile home consisting of 2 sections combined horizontally at the site while still retaining their individual chassis.

MOBILE HOME PARK: Any lot on which 2 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 UNITS: A modular unit is a factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.

MOTOR COURT OR MOTEL: 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 units, except by the owner, his agent or his employees.

NONCONFORMING LOT: A lot of record existing on the date of passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.

NONCONFORMING STRUCTURE: A lawful structure which exists on the date of passage of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yard setbacks, or other characteristics of the structure.

NONCONFORMING USE: A lawful use of land which exists on the date of passage of this chapter that would not be lawful in the district in which it is situated under the terms of this chapter.

NURSING HOME, REST HOME, CONVALESCENT HOME: A place which undertakes through its ownership or management or provide maintenance, personal or nursing care for 3 or more persons who by reason of illness, physical handicap or old age are unable to care for themselves.

OFF-STREET PARKING SPACE: The area on a lot designed to accommodate a parked motor vehicle as an accessory service to the use of said lot and with adequate access thereto from the public street.

OUTDOOR STORAGE AREAS: 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. This does not include open sales areas.

PENTHOUSE: An enclosed or partially enclosed structure extending above the main roof of a building or structure and/or enclosing a stairway, tank, elevator, machinery, mechanical equipment or other apparatus and not used for human occupancy.

PERMITTED USE: A public or private use which of itself conforms with the purposes, objectives, requirements, regulations, and standards of a particular zoning district.

PLACE: An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

PLAN COMMISSION: Where the phrase "Plan Commission" appears, this refers to the Plan Commission of the City of Chippewa Falls. The Plan Commission is appointed by the Mayor and confirmed by the City Council pursuant to §62.23, Wis. Stats.

PRIMARY FLOOR AREA (P.F.A.): The floor area of a building for purposes of determining required parking ratios, which area shall include only that portion of total floor area devoted to customer service, sales and office space and shall not include warehouse, utility, hallways, and other accessory space which does not generate parking demand.

PROFESSIONAL OFFICE: The office of a doctor, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, artists, musician, realtor, insurance agent or other similar recognized profession.

RECREATIONAL VEHICLE: Any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:

(1)

Is not used as the permanent residence of the owner or occupant;

(2)

Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities;

(3)

Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities;

(4)

Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pick-up campers, camping buses, and self-contained, self-propelled truck chassis mounted vehicles providing living accommodations.

RECREATIONAL VEHICLE CAMP: A park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreation vehicles as defined herein, and upon which said recreation vehicles are parked. Recreational vehicle camp shall also be interpreted to include providing locations or accommodations for tent camping.

RESIDENTIAL CARE APARTMENT COMPLEX: A place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove that may be interpreted as a microwave oven, and individual bathrooms, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. Residential care apartment complex does not include a nursing home or a community based residential facility. Residential care apartment complexes are licensed or operated, or permitted under Wis. Stats. §50.034 and Chapter HFS 89. (Cr. #99-25)

RESTAURANT: A business establishment consisting of a kitchen, with or without a dining room, whose primary purpose is to prepare and serve food to be eaten either by customers seated in the dining room, off the premises, or within automobiles parked on the premises.

ROOMING HOUSE: See "Lodging House."

SF: Square feet.

SETBACK: Refers to the open space between the property line or public thoroughfare and the nearest part of the building. The setback shall be measured at right angles to the lot line.

SIGN: Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs shall also include all sign structures.

SPECIAL USE: A use not readily classifiable in the customary land use districts; or a use which may not under certain circumstances be inharmonious in use districts where not normally permitted; or a use requiring special consideration of its probable affect upon property and uses in its vicinity, which nevertheless may be permitted in specific controlled situations in accordance with the terms of this chapter.

STORY: That portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least 2 opposite exterior walls are not more than 4 feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

STREET: A right-of-way, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property; an alley shall not be considered a street.

STRUCTURAL ALTERATIONS: Any change other than normal maintenance which would tend to prolong the life of a supporting member of a structure or would change the character or design of the building, such as a bearing wall, column, beam or any substantial change in the roof or exterior walls.

STRUCTURE: A combination of materials other than natural terrain or plant growth erected or constructed to form a shelter, enclosure, retainer, container, support, base, pavement or decoration.

SWIMMING POOL, PRIVATE: An above or below ground structure, basin, chamber or tank designed to contain water with a depth of 36 inches or greater exclusively for the private use of residents and guests of either single-family dwellings, two-family dwellings, or multiple-family dwellings.

TOURIST HOME: A building in which more than one, but not more than 5 guest rooms are used to provide or offer overnight accommodations for transient guests for compensation.

TWIN HOME: Two-family dwelling unit with a zero lot line on one side, sharing a party wall, with each unit having an individually deeded lot and with each unit having its own utility connections.

USE: The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.

VARIANCE: 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 SETBACK AREA: 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: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR: A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be in the rear of the front yard.

YARD, SIDE: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereto.

ZONING LOT: A parcel of land considered or treated as a single unit. A zoning lot may or may not correspond with a lot of record.