The following words, terms and phrases, when used in this chapter, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used or defined in one tense or form will include other tenses and definitive forms. If not otherwise defined in this section or other provisions of this Code, words used in this chapter will have their ordinary and accepted meaning.

Adult arcade means any place to which the public is permitted or invited wherein, for any form of consideration, electronically, electrically, or mechanically-controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis on the exhibition or display of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store, or adult video store means any commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals, or other printed matter; or photographs, slides, films, motion pictures, videos of any kind (including but not limited to DVDs, Blu-ray discs, or by way of streaming), or other visual representations; which are distinguished or characterized by their emphasis on the exhibition, display, depiction, or description of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for the sexual stimulation of the human genitals, anus, or female breast or for the sadomasochistic use or abuse of the user or others.

Nothing in this definition shall be construed to include devices primary intended for protection against sexually transmitted diseases or for preventing pregnancy. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of the materials or devices described in paragraphs (1) or (2) above and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials or devices. The materials covered by paragraph (1) above shall expressly exclude films, motion pictures, videos, slides, or other similar visual representations given an "R" or "NC-I 7" rating by the Motion Picture Association of America.

Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity or semi-nudity; or

(2)

Live performances which are distinguished or characterized by their emphasis on the exhibition or display of specified anatomical areas or specified sexual activities; or

(3)

Films, motion pictures, videos, slides, photographs, or other visual representations which are distinguished or characterized by their emphasis on the exhibition or display of specified sexual activities or specified anatomical areas. This definition shall expressly exclude films, motion pictures, videos, slides, or other similar visual representations given an "R" or "NC-17" rating by the Motion Picture Association of America.

Adult entertainment business means an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult novelty store, adult theater, adult video store, or escort agency. May also be referred to as a sexually oriented business.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videos, slides, photographs, or other visual representations are regularly shown which are distinguished or characterized by their emphasis on the exhibition or display of specified sexual activities or specified anatomical areas. This definition shall expressly exclude films, motion pictures, videos, slides, or other similar visual representations given "R" or "NC-17" rating by the Motion Picture Association of America.

Adult theater means a theater, concert, hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by their emphasis on the exhibition or display of specified anatomical areas or specified sexual activities. This definition shall expressly exclude films, motion pictures, videos, slides, or other similar visual representations given "R" or "NC-17" rating by the Motion Picture Association of America.

Agricultural and gardening means operations that raise plants on-site and outdoors. This definition includes nurseries and Christmas tree operations. Raising plants for consumption by livestock is considered agricultural if such plants are consumed by livestock located off-site.

Airport means any area of land or water designed and set aside for the landing and takeoff of aircraft, including necessary facilities for the housing and maintenance of aircraft.

Alter or alteration means any change other than routine maintenance of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof other than routine maintenance or exterior walls.

Buffer area means a landscaped area intended to separate and partially obstruct the view of two adjacent lands or properties from one another. (See also "Screening.")

Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by party walls, each divided part will be deemed a separate unit.

Building accessory, means a structure which is subordinate to and serves a principal structure or a principal use; is located on the same lot as the principal structure or use served; and is subordinate in area, extent and purpose to the principal structure or use served.

Building height means the vertical distance 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 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 line means the line parallel to the street line that passes through the point of the principal building nearest the front lot line.

Building permit means a permit that is issued to ensure that the structure is constructed to an appropriate standard (Wisconsin State Building Codes) and is safe for the intended use.

Building, principal, means a structure where the principal use of the lot on which it is located is conducted.

Business use means for use in the process of keeping the business operating.

Commercial use means an occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.

Community living arrangement means facilities meeting the requirements of Wis. Stats. § 48.60 for child welfare agencies; group homes for children under Wis. Stats. § 48.02(7); and community-based residential facilities under Wis. Stats. § 50.01. Facilities not included are day care centers, nursing homes, hospitals, prisons or jails.

Conservation areas means environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance or character, except in cases of overriding public interest.

Distinguished or characterized by means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified sexual activities or specified anatomical areas.

Dwelling unit means a building or portion of a building used exclusively for residential purposes, not including hotels, boardinghouses and lodging houses but including manufactured housing.

Escort means a person who, for any form of consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other form of consideration.

Establishment means and includes any of the following:

(1)

The opening or commencement of any sexually oriented/adult entertainment business as a new business; or the conversion of an existing business, whether or not a sexually oriented/adult entertainment business, to any sexually oriented/adult entertainment business; or

(2)

The addition of any sexually oriented/adult entertainment business to any other;

(3)

Existing Sexually oriented/adult entertainment business; or

(4)

The relocation of any sexually oriented/adult entertainment business.

Fence means any partition, structure or gate erected as a dividing marker, barrier or enclosure around a land area. Hedges or similar living vegetation are not considered fencing.

Floodplain or flood prone area means any land area susceptible to being inundated by water from any source.

Home occupation means an accessory use of a dwelling unit for gainful employment which is clearly incidental and subordinate to the use of the dwelling unit as a residence, is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling or the yard, and is located in a residential district. The occupants will transact no business on the premises that would generate additional traffic or parking problems for the neighborhood.

Home use means for use in the process of keeping the household suitable for human habitation.

Impervious surface means any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface will include but is not limited to graveled driveways and parking areas.

Junkyard means any premises on which there is an accumulation, whether one or more or in whole or in part, of scrap metal; old, dilapidated or rundown vehicles in a general state of disrepair; paper; rags; glass; salvage lumber; or other scrap, waste or debris materials stored or customarily stored for salvage, sale or future use by the owner or occupant.

Land use plan means a composite of the city land use document; all accompanying maps, charts and explanation material adopted by the council; and all amendments to the plan.

Livestock means all animals kept or raised for use or profit.

Lot means a platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

Lot line means a line dividing one lot from another lot or from a street or alley.

Manufactured housing means a factory-built, single-family structure that is manufactured under the authority of 42 USC 5401 of the National Manufactured Home Construction and Safety Standards Act, when placed on-site:

(1)

Is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1) and Ch. Comm. 27, of Wis. Admin. Code ILHR 21, or is set on a comparable enclosed foundation system approved by zoning administrator.

(2)

Is installed in accordance with manufacturer's instructions.

Michigan roof means a roof constructed over an existing roof with only air space and supporting materials between the two roofs.

Mobile home means a transportable, factory-built home, designed to be used as year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. (See also "Manufactured housing.")

Nonconforming lot means a lot which lawfully existed prior to the adoption of the ordinance from which this chapter is derived, or any revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment to conform to the provision of this code.

Nonconforming use means a lawful use of land that does not comply with the use regulations for its zoning district, but which complied with applicable regulations at the time the use was established.

Nude, nudity, or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, or anus, with less than a complete opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the areola, or the showing of the covered male genitals in a discernibly turgid state.

Open space means land which is required by this chapter to remain as open space; is intended to provide light and air; and is designed for either environmental, scenic or recreational purposes. Open space may include but is not limited to lawns, decorative planting, walkways, active and passive recreational areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space will not be deemed to include impervious surfaces (i.e., driveways, parking lots or other surfaces intended for vehicular travel).

Park means any public or private land available for recreational, educational or cultural use.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the real property upon which the sexually oriented/adult entertainment business is located, and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented/adult entertainment business, the grounds, the private walkways, and the parking lots adjacent thereto under the ownership, control, or supervision of the owner or operator of the business.

Principal use means the main use and chief purpose of a lot or structure.

Recycling collection point means an accessory use that serves as a neighborhood drop-off point for temporary storage of recyclable resources.

Recycling plant means a facility that is not a junkyard and in which receivable resources, such as newspapers, magazines, books and other paper products, are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.

Regularly features or regularly shows means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as part of the ongoing business of the sexually oriented/adult entertainment business.

Routine maintenance means action taken to repair, improve and upgrade a building or structure without increasing the footprint beyond the thickness of new materials and includes, but is not limited to, the following: replacement or installation of windows, skylights, doors, vents, siding, insulation, shutters, gutters, flooring, shingles and other roofing; replacing or repairing walls or floors of a foundation; internal improvements within the building envelope; installing a vented or "Michigan" roof and/or increasing the pitch of a roof, provided the living space is not increased and the height of the building or structure does not exceed building height and setback requirements.

Setback means the required minimum horizontal distance between the building line and the related front, side or rear property line.

Semi-nude, semi-nudity, or a state of semi-nudity means the showing of the human male or female genitals, pubic area, vulva, or anus with not more than a complete opaque covering or the showing of the female breast with not more than a complete opaque covering of the nipple or areola.

Sewered means a structure which is connected to and served by a sewer system as defined and regulated by Wis. Admin. Code Ch. NR 110.

Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult motion picture theater, adult novelty store, adult theater, adult video store, or escort agency. May also be referred to as an adult entertainment business.

Shipping container means a large, strong container, usually made of metal, used to store and/or transport goods; a container designed to be moved from one mode of transport to another without unloading and reloading. Not used for habitation - human or animals.

Sign means a structure or device designed or intended to convey information to the public in written or pictorial form.

Specified anatomical areas means:

(1)

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2)

Less than completely and opaquely covered human genitals, pubic region, vulva, anus, or the nipple and areola of the human female breast.

Specified sexual activities means any of the following:

(1)

The fondling or other erotic touching of another person's genitals, pubic region, buttocks, anus, or female breasts; or

(2)

Sex acts, including but not limited to intercourse, oral copulation, masturbation, or sodomy.

Structure means the same as building.

(1)

Primary means a structure or combination of structures of chief importance or function on a site.

(2)

Accessory means a structure of secondary importance or function on a site.

Structural alteration means an alteration to a building or structure which is not included in the definition of routine maintenance.

Unit means a single housekeeping unit doing their cooking on the premises as distinguished from a boardinghouse/rooming house or hotel. Fraternities, sororities and clubs are not considered a family under this chapter.

Unsewered means a structure or parcel where the domestic sewage is treated by means of a private sewer system as defined by Wis. Stats. Ch. 145. Private sewer systems include but are not limited to septic tanks, soil absorption fields and holding tanks.

Use means the purpose or activity for which land or any building on the land is designed, arranged or intended for which it is occupied or maintainable.

Use accessory means a subordinate use on the same lot which is clearly incidental and customary in connection with the principal or conditional use.

Use conditional means a use of a special nature so as to make impractical the predetermination as a principal use in a district. Such uses require permits as specified in section 106-171.

Use principal means the main use of land or building as distinguished from a subordinate or conditional use for the zoning district.

Yard means the space between lot lines and building.

Zoning permit means a permit to regulate setbacks, types of uses, height, parking requirements, design and uses as they relate to the various zoning regulations and comprehensive plan.

(Code 1972, § 17.04; Ord. No. 477, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 571, 4-13-2021; Ord. No. 572, 7-13-2021)

Cross reference— Definitions generally, § 1-2.

(a)

Violation. No person will construct or use any structure, land or water in violation of this chapter.

(b)

Penalty. Any person who will violate any provision of this chapter or any order, rule or regulation made under this chapter will be subject to a penalty as provided in section 1-11.

(c)

Enforcement by injunction. The council, damaged by a violation, may institute appropriate proceedings to enjoin such violation.

(d)

Nuisances. Any building or structure erected, structurally altered to be placed on a lot or any use carried on in violation of this chapter is a nuisance; and the council may apply to a court of competent jurisdiction to restrain or abate such nuisance.

(Code 1972, § 17.47; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The authority of the council to regulate development with a zoning ordinance is done pursuant to a grant of power in Wis. Stats. § 62.23.

(Code 1972, § 17.01; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

This chapter is adopted for the following purposes:

(1)

To promote the public health, safety, morals, comfort, convenience, prosperity and general welfare of the city.

(2)

To lessen congestion in the streets.

(3)

To zone all properties with a view to conserve the value of buildings and encourage the most appropriate use of land throughout the city.

(4)

To encourage reasonable flexibility of development design through appropriate innovation.

(5)

To isolate or control the location of unavoidable nuisance-producing uses.

(6)

To foster a more rational pattern of relationship between residential, business, commercial and industrial uses for the mutual benefit of all.

(7)

To provide adequate light, air and open spaces.

(8)

To prevent the overcrowding of land.

(9)

To avoid undue concentration of population.

(10)

To facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements.

(11)

To protect existing uses from harmful encroachment by incompatible uses.

(12)

To provide for the elimination and encouragement of the elimination of those uses of land, buildings and structures which are contrary to the intent and purposes of this chapter or which are adversely affecting the character, development and taxable value of property in each district.

(13)

To provide for preservation and restoration of historically significant buildings and neighborhoods.

(14)

To define the powers and duties of the administrative officers and bodies as provided in this chapter.

(b)

The standards and requirements contained in this chapter and the district mapping reflected on the city zoning map are intended to further the implementation of the objectives of the city land use plan as well as to protect all desirable existing structures and uses.

(Code 1972, § 17.02; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Interpretation.

(1)

In their interpretation and application, the provisions of this chapter will be liberally construed in favor of the city as minimum requirements adopted for the purposes stated.

(2)

Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or regulations of any kind, the regulations which are more restrictive or which impose higher standards or requirements will govern.

(3)

This chapter is not intended to abrogate any easement, covenant or other private agreement; but where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easement, covenants or other private agreements, the requirements of this chapter will govern.

(b)

Scope of regulations.

(1)

All structures erected after the adoption of the ordinance from which this chapter is derived, all uses of land or buildings established after the adoption of the ordinance from which this chapter is derived, all structural alterations or relocation of existing buildings occurring after the adoption of the ordinance from which this chapter is derived, and all enlargements of or additions to existing uses occurring after the adoption of the ordinance from which this chapter is derived will be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, use or land will be located.

(2)

Any building, structure or use of land, building or structure that was nonconforming prior to the effective date of the ordinance from which this chapter is derived and all regulations of this chapter will be considered lawful and conforming. Any building, structure or use of land, building or structure which is in conflict with the requirements of this chapter will be nonconforming to the extent of the conflict and will be subject to the provisions of nonconforming buildings, structures and uses.

(3)

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived and provided construction is begun within 90 days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and further may, upon completion, be occupied under a zoning compliance certificate by the use for which originally designed, subject thereafter to the provisions of nonconforming buildings, structures and uses.

(c)

Severability. It is declared to be the intention of the council that the several provisions of this chapter are severable in accordance with the following:

(1)

If any court of competent jurisdiction will adjudge any provision of this chapter to be invalid, such judgment will not affect any other provision of this chapter not specifically included in the judgment.

(2)

If any court of competent jurisdiction will adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment will not affect the application of such provision to any other property, building or structure not specifically included in the judgment.

(d)

Prohibitions.

(1)

No person will use, develop or maintain any parcel of land, building or structure or any part of any of the foregoing within the city except as specifically allowed by a valid conditional use permit or by applicable section of this chapter. No person will use, develop or maintain any parcel of land, building or structure or any part of any of the foregoing within the city except as specifically allowed pursuant to the applicable zoning regulations and other such regulations which apply to such land, building or structure, including but not limited to limitations on the number of buildings on any lot or parcel of land, vision clearance, other obstructions, use lists, height limitations, setback requirements, off-street parking, off-street loading and accessory buildings, structures and uses.

(2)

Except as specifically allowed pursuant to the provisions of this chapter, no person will use, develop, maintain, sell, transfer or convey any parcel of land or part as, or has been agreed to be used as, or was set aside as a fulfillment of any regulation or requirements of this chapter or of any other ordinance of the city, including but not limited to green area, off-street parking, and off-street loading, when such use, development, maintenance, sale, transfer or conveyance does or would result in noncompliance with any such regulation or requirement.

(3)

No building, occupancy or conditional use permit will be issued to any person when the proposed use or development would violate any of the provisions of this chapter. This prohibition includes any violation resulting from a change of use of land, building or structure previously used to fulfill a condition or requirement of this chapter or any other ordinance of the city.

(4)

There are many parts of this chapter which specify certain activities that may be accomplished in the future in order to comply fully with all requirements and regulations imposed by this chapter for particular uses. Examples of such future activities are construction of required off-street parking spaces and the planting and maintenance of green areas. If any use or development is commenced and some activity or activities are specified as requirements for such use or development, these positive steps must be completed within any applicable time limit or within a reasonable time if no time limit is imposed or within 60 days of the mailing of written notice by the city that such requirements must be fulfilled. Such written notice may specify a longer period of time for compliance. No person will fail to take such required action specified in this subsection.

(Code 1972, § 17.03; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)