As used in this chapter, the following terms shall have the meanings indicated:
ABUTTINGHave a common property line or district line.
ACCESSORY USE OR STRUCTUREA use or structure, whether attached or detached, which is 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, NETThe actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
AIRPORT, PUBLICAny airport which complies with the definition contained in §
114.002(18m), Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
ALLEYA public or private right-of-way not more than 21 feet wide which affords only a secondary means of access to the side or rear of an abutting property.
APARTMENTA 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 STREETA 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.
AUTOMOBILE WRECKING YARDAny premises on which is kept more than one vehicle not in running order or operating condition or in a general state of disrepair, which is not completely enclosed within a building.
BASEMENTA story partly or wholly underground. The height of a basement shall be the vertical distance between the surface of the basement floor and the surface of the floor next above it. A basement shall be counted as a story for the purposes of height measurements if the vertical distance between the ceiling and the main level of the adjoining ground is more than five feet, or if used for business purposes, or if used for living purposes by other than the owner and his immediate family, and a janitor or servants of the owner.
BED-AND-BREAKFAST ESTABLISHMENT BUILDINGA building that provides eight or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
BLOCKA tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BOARDINGHOUSEA building other than a hotel or restaurant where meals or lodging is regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding 10 persons and not open to transient customers.
BUILDINGAny 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, ACCESSORYA building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. An automobile trailer or other vehicle or part thereof or other building shall not be used as a dwelling or lodging place and shall not be considered an accessory building or use.
BUILDING, HEIGHT OFThe 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, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING, PRINCIPAL OR MAINThe 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 LINEA line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this code.
BUSINESSAn occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CANOPYA rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.
CARPORTAn automobile shelter having one or more sides open.
CELLARThat 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.
CLINIC, MEDICAL OR DENTALA 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 or LODGEA 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 ARRANGEMENTThe following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under §
48.60, Wis. Stats., group homes under §
48.02(7), Wis. Stats., and community-based residential facilities under §
50.01, Wis. Stats.; 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 Statutes, including §§
46.03(22),
62.23(7)(i) and
62.23(7a), Wis. Stats. and amendments thereto, and also the Wisconsin Administrative Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CONDITIONAL USEThe 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 STANDARDSGuidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Natural Resources Conservation Service for Marathon and Clark Counties, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CONTROLLED-ACCESS ARTERIAL STREETThe 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 LOTThe setback measured from the property line is 25 feet on all street sides. The front of the lot is considered to be the way the house faces on the lot.
DEVELOPMENTAny man-made 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, BASICA 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, OVERLAYOverlay 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.
DWELLINGA building designed or used exclusively as a residence or sleeping place, but does not include boarding- or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING UNITA 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.
DWELLING, EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILYA 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, TWO-FAMILYA detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
ELDERLY DAY-CARE HOMELocations which provide day care and food service for adults who are unable to be left alone while other family members are at work or otherwise not at home during the day. Overnight lodging is not to be provided at a day-care center.
ESSENTIAL SERVICESServices 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, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.
FAMILY[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that more than four persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
(1) The group shares the entire dwelling unit.
(2) The group lives and cooks together as a single housekeeping unit.
(3) The group shares expenses for food, rent, utilities or other household expenses.
(4) The group is permanent and stable and not transient or temporary in nature.
(5) Any other factor reasonably related to whether the group is the functional equivalent of a family.
B. This definition is not intended to prohibit group homes or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the State Department of Health Services or the State Department of Children and Families or other state department or agency.
FAMILY DAY-CARE HOMEA dwelling also licensed as a day-care center by the State Department of Health Services where, for compensation or consideration, a resident of the dwelling provides group care for at least four, but not more than eight, children between the ages of infancy and seven years of age at a location other than the child's own home or the home of relatives or guardians.
FARMING, GENERALGeneral farming shall include floriculture, forest and game management, orchards, raising of grain, grass, mint and seed crops, 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.
FARMSTEADA single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.
FLOOR AREAThe square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages or space in a basement or cellar when the same is used for storage or incidental uses.
FLOOR AREA (BUSINESS AND MANUFACTURING BUILDINGS)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.
FOREST INDUSTRIESThe cutting and storing of forest products, the operation of portable sawmills, the production of maple syrup and sugar.
FOSTER FAMILY HOMEThe primary domicile of a foster parent with four or fewer foster children and which is licensed under §
48.62, Wis. Stats., and amendments thereto.
FRONTAGEAll 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.
FRONTAGE, REVERSEDWhere the rear lot line of a corner lot coincides with all or part of the side lot line of an adjoining lot in the same block.
GARAGE, PRIVATEAn accessory structure for the storage of at least one but of not more than three four-wheeled, licensed motor vehicles.
GARAGE, PUBLICAny building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.
GARAGE, STORAGEAny building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
GRADEWhen used as a reference point in measuring the height of a building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the main building.
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under §
48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HOME OCCUPATIONAn 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 applicable limitations of this chapter.
HOSPITALAn 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.
HOTELA 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.
INSTITUTIONA building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNKAny 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.
JUNKYARDAny 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 matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
LOADING AREAA 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.
LODGING HOUSEA building where lodging only is provided for compensation for not more than three persons not members of the family.
LOTA 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 pertain to the district wherein located.
LOT AREAThe area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.
LOT DEPTHThe shortest horizontal distance between the front lot line and the rear lot line measured at a 90° angle from the road right-of-way.
LOT LINELegally 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, FRONTA line separating the lot from the street or approved private road.
LOT LINE, REARA 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, SIDEAny lot boundary line not a front line or a rear lot line.
LOT OF RECORDA lot which has been recorded in the office of the Register of Deeds prior to the effective date of this chapter.
LOT, CORNERA lot situated at the intersection of two streets.
LOT, THROUGHA lot other than a corner lot with frontage on two streets.
LOT WIDTHThe horizontal distance between the side lot lines at the building setback line.
MINOR STRUCTUREAny 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 HOMEA 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 LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARKAny 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 SUBDIVISIONA land subdivision, as defined by Ch.
236, Wis. Stats., and any City land division ordinance, with lots intended for the placement of individual mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in mobile home parks.
MODULAR UNITA 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 LOTA 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 STRUCTUREA dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. [See §
62.23(7)(hb)b, Wis. Stats.]
NONCONFORMING USEA use of land, a dwelling or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance. [See §
62.23(7)(ab), Wis. Stats.]
NURSING HOMEAn 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 care of the sick or injured.
PARKING LOTA structure or premises containing five or more parking spaces open to the public.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontages.
PLANNED UNIT DEVELOPMENTA 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.
PRIVATE INDIVIDUAL SEWAGE TREATMENT SYSTEMA sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same lot as the structure. This term includes alternative sewage systems, substitutes for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
PRIVATE INDIVIDUAL WATER SYSTEMA system supplying water for human consumption with a well and pump serving a single structure located on the same lot as the structure. This term includes alternative water supply systems, substitutes for the well or pump, a system serving more than one structure or a system located on a different parcel than the structure.
PROFESSIONAL HOME OFFICESResidences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, tradesmen, authors, musicians or other recognized professions used to conduct their professions. "Tradesmen" shall be defined as a person or persons who hold themselves out with a particular skill, including, but not limited to, carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
REAR YARDA 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.
RESTAURANTA 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-INA 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.
RETAILThe sale of goods or merchandise in small quantities to the consumer.
ROADSIDE STANDA structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises.
SETBACKThe minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches, any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.
SIDE YARDA 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.
SIGNAny 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 is 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.
SITE PLANIncludes but is not limited to a drawing to scale of not less than one inch equals 50 feet, showing all physical aspects such as buildings, setback dimensions, sidewalks, driveways, playgrounds, parking, and so forth, which pertain to the proposed development and its relation to the surrounding area in conformance to the zoning of the area in which the development will exist.
STORYThat 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 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
STORY, HALFThat 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 4 1/2 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 1/2 story in a sloping roof shall not be counted as a story for the purposes of this code.
STREETProperty other than an alley or private thoroughfare or travelway 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 YARDA 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.
STRUCTURAL ALTERATIONSAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground.
TEMPORARY STRUCTUREA movable structure not designed for human occupancy nor for the protection of goods or chattel and not forming an enclosure, such as billboards.
TOURIST CAMPA tract or parcel of land on which one or more automobile trailers, tents or camp cabins are located, open to the public free or for a fee.
USEThe purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORYA 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, PRINCIPALThe main use of land or buildings, as distinguished from a subordinate or accessory use.
UTILITIESPublic 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.
VARIANCEA 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.
VEHICLE, MOTOREvery device in, upon or by which any person or property is or may be transported.
VISION SETBACK AREAAn 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.
WALL, RETAININGA structure designed to resist the lateral displacement of soil or other materials.
YARDAn open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.
YARD, FRONTA yard extending the full width of the lot between the front lot line and the nearest part of the 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, REARA yard extending the full width of the lot between the rear lot line to the nearest part of the principal building.
YARD, SIDEA 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 LINEThe 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 PERMITA 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.