This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, City of Durand, Wisconsin."

(Code 2006, § 8.3.1(H))

For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory.

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

Adolescent day care center means any facility where any person, other than a relative or guardian, provides, for compensation or consideration, care and supervision for more than three persons who are eight years of age to 18 years of age, for less than 24 hours a day.

Adult day care center means any facility where a person, other than a relative or guardian, provides, for compensation or consideration or both, care and supervision for three or more adults 18 years of age or older, who require such care and supervision due to age, handicap or other infirmity, for less than 24 hours a day.

Alley means a special public right-of-way affording only secondary access to abutting properties.

Automobile service station means a building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.

Basement means that portion of any structure located partly below the average adjoining lot grade.

Board means the board of appeals.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by pre-arrangement for compensation for three or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

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.

Building area means the total living area bounded by the exterior walls, and common wall if a zero-lot line dwelling, of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways, and unfinished attics.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs; or to the deck line of the mansard roofs.

Clothing repair shops means shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but none employing over five persons.

Clothing stores means retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery, and millinery shops.

Community means the City of Durand.

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district.

Corner lot means a lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Day care center means any facility where a person, other than a relative or guardian, provides, for compensation or consideration, care and supervision for more than eight children under eight years of age, for less than 24 hours a day.

Dwelling, multiple-family, means a residence designed for or occupied by three or more families, with separate housekeeping facilities for each, a mobile home is specifically excluded from the meaning of a multiple-family dwelling.

Dwelling, one-family, means a detached residence designed for or occupied by one family only, a mobile home or module being specifically excluded from the meaning of one-family dwelling.

Dwelling, two-family, means a residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, a mobile home and module are specifically excluded from the meaning of a two-family dwelling.

Dwelling unit means one or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.

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

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. The term "essential services" includes 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 any number of persons related by blood, adoption, or marriage, living together in one dwelling as a single housekeeping entity.

Family day care home means a dwelling licensed as a day care center by the department of health and social services under Wis. Stats. § 48.65, where care is provided for not more than eight children.

Fence means a structure providing enclosure or serving as a barrier, but not protecting against the elements.

Front yard means the smallest dimension of a lot abutting a public street measured along the street line.

Garage, private, means an accessory building used primarily for private vehicle storage.

Garage, public , means any garage, other than a private garage, which is open to the public and used for storage or major repair of motor vehicles.

Governing body means the common council of the City of Durand.

Height of building means the vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, but not including church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flag poles, radio and television towers, masts and aerials, or parapet walls.

Home occupation and professional home office in dwellings means any occupation for gain or support conducted entirely within buildings by resident occupants which is incidental to the principal use of the premises, does not exceed 25 percent of the gross floor area of the dwelling unit, and no stock in trade is kept or sold other than that made on the premises, with the exception of collector cards and sports memorabilia. A household occupation includes uses such as millinery, dressmaking, canning, laundering, and crafts, but does not include the display of any goods other than collector cards and sports memorabilia nor such occupations as barbering, beauty shops or dance schools. babysitting, as distinguished from the definitions of day care center, adolescent day care center, adult day care center and family day care home, is to be considered a home occupation for purposes of this chapter, but is not subject to the 25 percent use limitation mentioned above and as stated in any other provisions of this chapter.

Hotel means a building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.

Interior lot means a lot other than a corner lot.

Junk yard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition. Storage of three or more unlicensed vehicles on the same premises shall be evidence of operation of a junk or salvage yard.

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

Lot means a 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 area and other open space provisions of this chapter.

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.

Mobile homes means all mobile units intended for occupancy as a yearround permanent residence and so placed as to be permanently affixed to the site and is not to be construed within the meaning of a one-, two- or multiple-family dwelling under this chapter.

Module means a building or unit built in a factory as a self-contained section and placed upon a foundation and joined with other modules to form a building.

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

Municipal limits means the City of Durand boundaries.

Nonconforming uses or structures means any structure, land or water lawfully used, occupied, or erected at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto which do not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

Occupied means already occupied or intended, designed or arranged to be used or occupied.

Parking lot means a structure or premises containing ten or more parking spaces open to the public for rent or a fee.

Parking space means a graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Parties in interest includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Planned development group means a group of three or more principal buildings designed to be maintained and operated as a unit in single ownership or control and which has certain facilities in common, such as yards, open spaces, recreation areas, garages and parking areas.

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. The rear yard shall be opposite the street yard or one of the street yards on a corner lot.

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.

Signs means any 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 are visible from any public street or highway, except for any painting directly on a building wall.

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 the floor and the ceiling next above it.

Street means a street or highway not otherwise defined lying within a recorded subdivision with a right-of-way not less than 50 feet wide providing primary access to abutting properties.

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 or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.

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 moveable structure not designed for permanent human occupancy.

Through lot means an interior lot having frontage on two non-intersecting streets.

Trailers means all units including camp trailers intended for temporary occupancy.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges.

Zoning inspector means a municipal official charged with the administration of the zoning ordinance by reviewing applications for zoning permits and subsequently granting or denying them, inspecting to confirm compliance or violations, dispensing information, assistance and advice to interested citizens, and keeping appropriate records.

(Code 2006, § 8.3.10; Ord. No. 454, § II, 4-12-2001; Ord. No. 487, § 3, 9-12-2007)

It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this chapter. In case of any violation, the governing body, the zoning inspector, the zoning agency, or any property owner who would be specially damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(Code 2006, § 8.3.2(G))

(a)

No structure, land, or water shall hereafter be used 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.

(b)

The duty of the zoning inspector, with the aid of the police department, shall be to investigate all complaints, give notice of violations, and to enforce the provisions of this chapter. The zoning inspector and his duly appointed deputies may enter at any reasonable time onto any public or private lands or waters to make a zoning inspection.

(Code 2006, § 8.3.2(B))

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

(Code 2006, § 8.3.1(B))

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 distributions 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 community; and implement the community's general 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.

(Code 2006, § 8.3.1(C))

It is no 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 laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 2006, § 8.3.1(D))

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 community and shall not be deemed a limitation or repeal of any other power granted by state statutes.

(Code 2006, § 8.3.1(E))

The jurisdiction of this chapter shall include all lands and waters within the boundaries of the city.

(Code 2006, § 8.3.2(A))

(a)

No land shall be used or structure erected where the land is held unsuitable for such use or structure by the zoning agency 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 the community. The zoning agency, 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 zoning agency may affirm, modify, or withdraw its determination of unsuitability.

(b)

All lots shall abut upon a public street, and each fan shaped lot shall have a minimum street frontage of 60 feet at the building set back line.

(c)

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)

Private water and sewer. In any district where a public water supply or public sewerage service is not available, the lot area shall be determined in accordance with state rules.

(Code 2006, § 8.3.2(D))

The following use restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services, and the following uses shall be permitted in that district.

(2)

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

(3)

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the zoning agency and in cases involving floodplain district they must also be approved by the department of natural resources.

(4)

Unclassified or unspecified uses may be permitted by the board of appeals after the zoning agency has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(5)

Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the board of appeals.

(6)

Performance standards listed in article IV, division 3 of this chapter shall be complied with by all uses in all districts.

(Code 2006, § 8.3.2(E))

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.

(Code 2006, § 8.3.2(F))