This chapter shall be known as, referred to or cited as the "Zoning Code, Village of Deerfield, Wisconsin."

(Prior Code, § 24.02)

These regulations are adopted under the authority granted by Wis. Stats. §§ 61.35 and 62.23(7).

(Prior Code, § 24.01)

The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetic and general welfare of the village.

(Prior Code, § 24.03)

It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the village; and implement the village master comprehensive plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Prior Code, § 24.03)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or portion of the main building, the use of which is purely incidental to that of the main building, except that attached and detached garages are not considered an accessory building. (See Garage.) Garden sheds and similar storage buildings are considered accessory buildings.

Accessory use means a use subordinate in nature, extent or purpose to the principal use of the building or lot.

Advertising sign, outdoor, means a structural poster panel or painted sign, either free-standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which it is located.

Advertising structure, outdoor, means anything constructed or erected, either free-standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which it is located.

Alley means a way which affords only a secondary means of access to abutting property. A commercial alley shall have a minimum right-of-way width of 30 feet and a curb face width of 24 feet, and a residential alley shall have a minimum right-of-way width of 20 feet and a curb face width of 18 feet.

Apartment means a portion of a residential or commercial building used as a separate housing unit.

Apartment house. See Dwelling, multiple.

Arterial street means those streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances.

Primary arterials means streets serving major regions or connecting important cities and major intra-community corridors in the metropolitan area. These routes provide high mobility and a high degree of access control.

Principal arterials means streets serving the major interstate and inter-regional traffic corridors and providing the highest mobility level and a high degree of access control.

Standard arterials means those streets which more commonly provide for intermediate length trips, thus serving through movement in trade areas or feeding traffic to the principal and primary arterial streets from lower activity areas not served by such routes.

Basement or cellar means a story partly underground but having at least one-half of its height, or more than five feet, below the mean level of the adjoining ground. Basements in and of themselves shall not be used for a separate dwelling unit. (See Figure 2 on file in the village hall.)

Boardinghouse means a building other than a hotel where meals or lodging and meals are served for compensation for not more than six persons.

Building means a structure having a roof intended for the shelter, housing or enclosure of persons, animals or chattel.

Building, alteration of, means any change or rearrangements of the supporting member such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another.

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

Building, height of, means the vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs. (See Figures 1 and 2 on file in the village hall.)

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

Business includes the commercial, limited industrial and general industrial uses and districts as herein defined.

Clinic means a building used by a group of doctors for the medical examination or treatment of persons on an outpatient of non-boarding basis only.

Club means a building owned, leased or hired by a nonprofit association of persons who are bona fide members, the use of which is restricted to said members and their guests.

Community living arrangement includes the following facilities licensed or operated, or permitted under the authority of state statutes: Residential care centers for children and youth, as defined in Wis. Stats. § 48.02(15d), operated by child welfare agencies licensed under Wis. Stats. § 48.60, group homes for children, as defined in Wis. Stats. § 48.02(7), adult family homes, as defined in Wis. Stats. § 50.01(1), and community-based residential facilities, as defined in Wis. Stats. § 50.01(1g); 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 conformity with applicable sections of 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 uses means use of a special nature such as to make impractical their predetermination as a principal use in a district.

Conforming use means any lawful use of a building or lot which complies with the provisions of this chapter.

Court means an open, unoccupied space other than a yard, on the same lot with a building, and which is bounded on two sides by the building.

Curb break means any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular assess to abutting property.

Curb level means the level of the established curb in the front of the building measured at the center of such front.

Day care center means a place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in Wis. Stats. § 48.65.

Deck. Decks shall be considered a part of a building or structure and shall be subject to setback requirements.

Dwelling unit means a building or portion thereof used exclusively for human habitation, including single-family, two-family and multifamily dwellings, but not including hotels, motels, or lodginghouses.

Dwelling, group, means a group of two or more multifamily dwellings occupying a lot in one ownership with any two or more dwellings having any yard or court in common.

Dwelling, multiple, means a building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums.

Dwelling, one-family, means a detached building designed, arranged or used for and occupied exclusively by one family; shall include specially designed buildings covered by earth.

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

Emergency shelters means public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or invasions.

Family means one or more persons immediately related by blood, marriage, adoption or guardianship and living as a single housekeeping unit in one dwelling unit. A family may include in addition thereto two but not more than two persons not related by blood, marriage, adoption or guardianship. A person shall be considered to be related for the purpose of this definition if he is dwelling for the purpose of adoption or for a foster care program.

Farm means land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.

Floor area means the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the centerlines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

Foster family home includes a foster home as defined in Wis. Stats. § 48.02(6), which is the primary domicile of a foster parent, which is for four or fewer foster children, and which is licensed under Wis. Stats. § 48.62 and amendments thereto.

Frontage means all the property abutting on one side of a street measured along the street line.

Garage means a building or portion thereof principally used for parking or temporary storage of automobiles, trucks, or similar self-propelled vehicles. There shall be a driveway providing access to each garage from a public way. For the purpose of defining the size of stalls within a garage, each stall shall be no less than ten feet by 20 feet. Garages may be attached to or detached from the principal structure on the lot. Each dwelling unit may have up to one garage structure, consistent with the requirements of this chapter.

Gasoline station means any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances; sale of motor vehicle accessories, and which may include facilities used or designed to be used for polishing, greasing, washing, spaying, dry cleaning or otherwise cleaning or servicing such vehicles.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62, for the care and maintenance of five to eight foster children.

Home occupation and professional home offices.

(1)

Home occupations and professional home offices are permitted accessory uses in any residential district, provided that:

a.

The use of the residential dwelling for the home occupation or professional home office shall be clearly incidental and subordinate to its residential use and shall not occupy more than 50 percent of the floor area of one floor.

b.

No home occupation or professional home office shall be located in or conducted in an accessory structure.

c.

One person other than members of the family residing on the premises shall be employed or engaged in such home occupation or professional home office.

d.

Home occupations shall use only household equipment and no stock in trade shall be kept or sold except that made on the premises.

e.

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

f.

No outdoor storage of equipment or product shall be permitted.

(2)

Home occupations, which comply with the conditions set forth above, may include, but are not limited to, babysitting, canning, crafts, desktop publishing, and other computer services, dressmaking, insurance sales, laundering, millinery, piano instruction, real estate sales, and word processing.

(3)

Home occupations shall not include auto body or engine repair, barbering, beauty shops, construction trades, dance studios or photographic studios.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than six sleeping rooms, usually occupied singly, and no provision made for cooking in the individual apartments.

House trailer means a non-self-propelled vehicle, containing living or sleeping accommodations which is designed and used for highway travel.

Junkyard means an open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. The term "junkyard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Landscaping means aesthetically arranging or changing features of a site including grading, preservation of selective existing natural vegetation and the planting of trees, shrubs, plants or grass lawns.

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

Lot means a parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter. Unless the context clearly indicates otherwise, as used in this chapter, a lot means a zoning lot. (See Figures 3 and 4 on file in the village hall.)

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot width means the width of a parcel of land measured at the rear of the specified street yard.

Lot, reversed corner, means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See Figure 4 on file in the village hall.)

Lot, zoning, means a single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a lot of record. Once improved, a zoning lot shall be treated as a single tax parcel on the village assessment roll.

Manufactured home means any structure, transportable in one or more sections, which in the traveling mode is 12 body feet or more in width, and 18 feet or more in length and at least 864 square feet when erected on site, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and which complies with all manufactured home construction and safety standards established under 42 USC 5401 et seq.

Marquee or canopy means a roof-like structure of permanent nature which projects from the wall of a building.

Mobile home means every vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid noncollapsible construction, except that excluded from this definition is every "manufactured home" as defined in this section.

Motel means a series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

Motor vehicle means any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

Nonconforming use means any use of land, buildings, or structures which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

Nonconforming use, building or structure, means any building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.

Nursing home means any building used for the continuous care, on a commercial or charitable basis, for persons who are physically incapable of caring for their own personal needs.

Parking area, semi-public, means an open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.

Parking space means an off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways, appurtenant thereto and giving access thereto, except as in section 113-292(3).

Planned unit development means an area with a minimum contiguous acreage of three acres or more to be developed as a single entity according to a specific implementation plan, containing one or more residential clusters, commercial clusters, industrial cluster, or a mixture thereof, and one or more public, quasi-public, agricultural, parkland and/or conservation areas.

Property lines means the lines bounding a platted lot, as defined herein.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office complies with all conditions of the definition for the term "home occupation and professional home offices."

Public way means any sidewalk, street, alley, highway or other public thoroughfare.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

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

School, private, means an elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for mental defectives or a college or other institution of higher learning.

Screening means concealment of sights and sounds of a property from adjacent lands by the use of a solid wall, fence, evergreen plants of equivalent density or berming.

Sign means any 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.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between such floor and the ceiling next above it. (See Figure 2 on file in the village hall.)

Story, half, means a story under a gable, hip or gambrel roof, the wall plates of which are on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

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

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

Trailer park means any lot on which are parked two or more house trailers or mobile homes for longer than 48 hours.

Use means the use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this chapter.

Use, conditional, means a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. After due consideration, in each case, of the impact or such use upon neighboring land and of the public need for the particular use at the particular location, such conditional use may or may not be granted.

Use, permitted, means a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, or such districts.

Use, principal, means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.

Vending machine means a retail business, device, electrically or manually operated, used by the general public to obtain dairy products, foodstuffs or other merchandise without entering a public shop, store, market or other such building.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation, as permitted. The front and rear yards extend the full width of the lot. (See Figure 3 on file in the village hall.)

Yard, corner side, means a side yard which adjoins a public street.

Yard, front, means a yard extending along the full width of the front lot between the side lot lines. A corner reverse lot will have two front yards and two side yards, but no rear yard. (See Figure 3 on file in the village hall.)

Yard, interior side, means a side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.

Yard, rear, means a yard extending along the full length of the rear lot line between the side lot lines. (See Figure 3 on file in the village hall.)

Yard, side, means a yard extending along a side lot line from the front yard to the rear yard. (See Figure 3 on file in the village hall.)

Yard, street, means a yard abutting a street. (See Figure 3 on file in the village hall.)

Yard, transitional, means that yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district, or that yard which must be provided on a zoning lot in an industrial district, which adjoins a zoning lot in either a residential or business district.

Zero lot line construction means a building that is sited on one or more lot lines with no side yard area. The intent of zero lot line construction is to allow more flexibility in site design and to increase the amount of usable open space.

Zoning district means an area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

Zoning lot means a parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory buildings, together with the open spaces required by this chapter and conforming with the applicable provisions of this chapter and the village subdivision regulations.

(Prior Code, § 24.10)

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

(Prior Code, § 24.05)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by state statutes. All uses allowed in commercial and industrial districts are cross-referenced with the Standard Industrial Classification (SIC). The SIC number is shown in [ ].

(Prior Code, § 24.06)

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.

(Prior Code, § 24.07)

All other ordinances or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed.

(Prior Code, § 24.08)

This chapter shall be effective after a public hearing, adoption by the village board and publication or posting as provided by law (July 28, 2008). This chapter shall have prospective application only.

(Prior Code, § 24.09)

The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the village.

(Prior Code, § 24.11)

(a)

Violations. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any of the provisions of this chapter. In case of any violation, the village board, the zoning administrator, the plan commission or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(b)

Remedial action. Whenever an order of the building inspector or zoning administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the village board, the zoning administrator, or the village attorney may institute appropriate legal action or proceedings.

(c)

Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter or any order of the building inspector or zoning administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in section 1-7, except that the minimum forfeiture shall be $1,000.00 per day. Each day a violation is permitted to exist shall constitute a separate offense. Compliance may also be enforced by injunction or other appropriate relief in circuit municipal court. It shall not be necessary to prosecute for forfeiture before resorting to injunction or other court proceedings.

(Prior Code, § 24.80(3))

State Law reference— Municipal powers and duties for solid waste reduction, recovery, and recycling, Wis. Stats. § 287.09; municipal authority for removal of rubbish, Wis. Stats. § 66.0405; solid waste facilities generally, Wis. Stats. ch. 289; hazardous waste management, Wis. Stats. ch. 291; littering, Wis. Stats. § 287.81; ordinance violations, Wis. Stats. § 66.0109 et seq.; imprisonment for failure to pay forfeiture and other remedies available to court for ordinance violations, Wis. Stats. § 800.09 et seq.