Gillett City Zoning Code
ARTICLE I
General Provisions
§ 21-1 Title and applicability.
This chapter, established under Ch. 62, Wis. Stats., shall be known as the "Zoning Code for the City of Gillett, Wisconsin," and shall apply to:
A.
The regulation and restriction of the height, number and size of buildings and other structures.
B.
The percentage of lot that may be occupied.
C.
The size of yards, courts and other open spaces.
D.
The density of population.
E.
The regulation of nonconforming uses.
F.
The location and use of buildings, structures and land for trade, industry, residence or other purposes, provided that there shall be no discrimination against temporary structures.
§ 21-2 Purpose.
The purpose of this chapter is to promote the health, safety and general welfare of the community through provisions designed to:
A.
Encourage the most appropriate use of the land.
B.
Conserve the value of land and buildings.
C.
Prevent the overcrowding of land and the congestion of streets.
D.
Provide adequate light and air.
E.
Provide safety from fire, panic and other dangers.
F.
Avoid undue concentration of population.
G.
Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
§ 21-3 Districts established.
For the purpose of this chapter, the City is hereby divided into the following zoning districts:
§ 21-4 Zoning Map.
[Amended 9-4-2008 by Ord. No. 3-2008]
The location and boundaries of the districts established shall be as shown on the map titled "Official Zoning Map of Gillett, Wisconsin." The Official Zoning Map, with all notations, dimensions, designations, references and other data shown, shall be part of this chapter.[1] Applications for amending the Zoning Map must be filed with the City Clerk/Treasurer and a fee paid to cover the cost of publication. A public hearing must be held prior to amending the Zoning Map. Amendments to the Official Zoning Map shall be approved by the Common Council and shall promptly be portrayed on the Official Zoning Map. Said map shall be available for public inspection in the City Hall. Zoning amendments shall be effective after approval by the Common Council unless ownership of the parcel in concern is being changed.[2]
§ 21-5 Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as following a railroad right-of-way shall be construed to follow the center line of the railroad right-of-way.
D.
Legal descriptions of property, when available, shall be controlling as to the zoning of any property or the property proposed to be rezoned in accordance with the terms of this chapter.
§ 21-6 Application of regulations.
The regulations set forth by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
A.
No land, building or structure shall hereafter be used or occupied and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
B.
No sign shall hereafter be erected, hung, placed, altered or moved except in conformity with regulations of the district in which it is located.
C.
No part of a yard, open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
D.
No lot or yard existing at the effective date of adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Lots or yards created after the effective date of adoption of this chapter shall meet the minimum requirements established by this chapter.
E.
No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is part.
§ 21-7 Interpretation; greater restrictions to prevail.
In their interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where the provisions of this chapter impose greater restrictions than any statute, other regulations, ordinance or covenant, the provisions of this chapter shall prevail. Where the provisions of any statute, other regulation, ordinance or covenant impose greater restrictions than the provisions of this chapter, the provisions of such statute, other regulation, ordinance or covenant shall prevail.
§ 21-8 Adoption of state regulations.
[Amended 3-7-2024 by Ord. No. 21-8]
The following chapters of the Wisconsin Administrative Code are hereby adopted by reference and made a part hereof with respect to those classes of buildings to which said chapters specifically apply; further, any future amendments, revisions and modifications of said chapters incorporated herein are intended to be made a part of this chapter.
A.
One- and two-family dwellings and manufactured buildings for dwellings under Chs. SPS 320 to 325.
B.
Electrical Code, Volume 2, under Ch. SPS 316.
C.
Building and heating, ventilating and air conditioning under Chs. SPS 361 to 366.
D.
Plumbing Code under Chs. SPS 381 to 386.
E.
Camping units under Ch. SPS 327.
§ 21-9 Certified survey map.
A.
A certified survey map prepared by a registered land surveyor shall be required for all initial construction or when a property owner divides a lot, and it shall comply in all respects with the requirements of § 236.34, Wis. Stats. In addition, all certified survey maps shall be referred to the Board of Public Works and Utility Committee for their comment on utility and road feasibility and/or requirements. The certified survey map will then go to the Planning Committee for recommendation to the Common Council for approval or rejection.
C.
The surveyor shall certify on the face of the map that he has fully complied with all of the provisions of this chapter. The Clerk/Treasurer, after a recommendation by the reviewing committees and approval by the Common Council, shall certify the map.
D.
The certified survey map shall be recorded with the County Register of Deeds after the certificates of the Common Council and the surveyor are placed on the map.
§ 21-10 Site plan approval.
§ 21-11 Annexations.
Any area annexed to the City shall, as a part of the annexation ordinance, be temporarily designated as part of the FD Future Development District. The area annexed shall immediately be referred to the Planning Committee with the direction to consider its most appropriate use consistent with the adopted Comprehensive Plan and to prepare an amendment to the Zoning Map setting forth the permanent zoning district classification(s) for the area. Such recommendation for permanent zoning district classification shall be submitted to the Common Council within 90 days after passage of the annexation ordinance.
§ 21-12 Word usage and definitions.
A.
General. For the purpose of this chapter, the following shall apply, as indicated throughout the chapter:
B. ACCESSORY USE OR STRUCTURE ALLEY ALTERATION BED-AND-BREAKFAST ESTABLISHMENT BOARDING/ROOMING HOUSE BUILDING BUILDING AREA CLINIC COMMON OPEN SPACE CONVALESCENT HOME, CHILDREN'S HOME OR NURSING HOME DAY-CARE CENTER DEVELOPMENT DWELLING, MODULAR HOME DWELLING, MULTIFAMILY DWELLING, SINGLE-FAMILY DWELLING, TWO-FAMILY DWELLING, TWO-FAMILY, ZERO LOT LINE DUPLEX (TOWNHOUSE) DWELLING UNIT EXCEPTION FAMILY UNIT FENCE GARAGE GAS STATION/CONVENIENCE STORE HEIGHT, BUILDING HOME OCCUPATION(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) HOTEL LANDSCAPING LOADING SPACE LOT LOT AREA LOT COVERAGE LOT FRONTAGE LOT LINE LOT TYPES(1) (2) (3) LOT WIDTH MEMBRANE STORAGE STRUCTURES(1) (2) (3) (4) MOBILE HOME MOBILE HOME PARK MOBILE HOME SITE NET ACREAGE NONCONFORMING USE OR STRUCTURE PARKING LOT PARKING SPACE RECREATIONAL VEHICLE (RV) RIGHT-OF-WAY SERVICE GARAGE/BODY SHOP SETBACK SHOPPING CENTER STORY STREET LINE STRUCTURE SWIMMING POOL TREES VARIANCE YARD YARD, FRONT YARD, REAR YARD, SIDE
Definitions. For the purpose of this chapter, the following terms are defined:
A use or structure on the same lot with the principal use or structure and of a nature customarily incidental and subordinate to the principal structure.
A minor public street or thoroughfare affording only secondary access to abutting properties.
A change or rearrangement in the structural parts of a structure, an enlargement of a structure, whether by extending on the side or by increasing the height, or the movement of a structure from one location to another.
Any place of lodging that provides eight or fewer rooms for rent, is the owner's personal residence and is occupied by the owner at the time of rental.
An establishment where lodging with or without meals is provided for compensation by prearrangement other than in dwelling units, without limitation on time periods involved, and for a total of three to eight roomers and/or boarders.
A structure having one or more stories and a roof which is used, or intended to be used, for shelter or enclosure of persons, property or animals.
The portion of the lot remaining after required yards have been provided.
An office or group of offices for one or more health care professionals engaged in the treatment of persons or animals.
A parcel or parcels of land or an area of water or combination of land and water designated and intended for either the recreational use and enjoyment of residents of the development for which it was established and for the general public or for the exclusive recreational use and enjoyment of residents of the development for which it was established. No yard required in connection with any principal use or structure shall be designated or intended for use as common open space.
A place where regular care is provided to two or more infirm persons, children or aged persons who are not members of the family that resides on the premises.
A licensed facility where a person, other than a relative or guardian, provides, for compensation or consideration, or both, care and supervision for four or more children for less than 24 hours a day.
Any 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, mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations and deposition of materials.
A building made up of two or more modular sections transported to the home site, put up on a permanent foundation and joined to make a single dwelling.
A building containing three or more dwelling units. The term "multifamily dwelling" shall include cooperative apartments, condominiums, apartments and the like. Regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods of less than one week shall be considered a motel.
A building containing not more than one dwelling unit, entirely separated from structures on adjacent lots. The term "single-family dwelling" shall not include mobile homes, travel trailers or other forms of portable or temporary housing.
One building containing not more than two dwelling units or two buildings attached at the side and separated from the adjoining unit by a one-hour fire wall extending from footing to roof, with not more than one dwelling unit per building. All utilities (sewer, water, electric and sump pumps) shall be serviced separately in each unit. The term "two-family dwelling" is intended to imply single-family semidetached buildings and duplexes or any form that conforms to this definition.
A building containing two units attached at the sides. Each unit shall be separated from the adjoining unit by a one-hour firewall extending from footing through roof. All utilities (sewer, water, electric and sump pumps) shall be serviced separately in each unit. A survey will precede application for a building permit indicating that the side lot line will be located directly through the place of attachment of the units.
A room or rooms connected together constituting a separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units and with independent cooking and sleeping facilities.
The use of property, including the use and location of buildings, the size of lots and the dimensions of required yards, otherwise not allowable under the terms of this chapter which is permissible by reason of special provisions of this chapter or for which a special permit may be issued by the Planning Committee under conditions specified in this chapter.
One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit who are living together as a bona fide stable and committed living unit, being a traditional family or the functional equivalent thereof, exhibiting the generic character of a traditional family.
Any open or closed barrier made of masonry, metal, plastic, wood or plant materials or any combination of listed materials for the purpose of enclosing any part of a lot or parcel of land.
An attached (sharing a common wall with a home or breezeway) or detached accessory structure intended for the primary purpose of storing motor vehicles.
A building or premises where gasoline, oil, and automobile accessories may be supplied and dispensed at retail. In addition, grocery and food items may be available.
A building's vertical measurement from the main level of the finished grade in front of the building to the highest point on the roofline. Height limits do not apply to belfries, cupolas, antennas, water tanks, elevator bulkheads, chimneys, spires, flagpoles or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
A home occupation is defined as any business or commercial activity that is conducted from a property that is zoned for residential use and advertises location. This does not include independent sales representatives and/or distributorships. A home occupation must meet the following requirements:
[Amended 5-5-2011 by Ord. No. 10-2011]
The use shall be conducted entirely within the dwelling and accessory buildings not to exceed 25% of the total floor area with the exception of a home day care and is carried on by the inhabitants thereof and no others.
The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, or the emission of sounds or vibrations that carry beyond the premises.
There shall be no display of products visible in any manner from the outside of the dwelling.
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation other than a single sign, with an accepted sign permit issued and upon which the required ordinances are followed per § 22-6B(1).
A home day care is a home occupation as defined by the state.
A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located. Seasonal variations may be approved through a conditional use permit by the Common Council following the recommendation of the Planning Committee.
A garage, basement, yard or other similar sale conducted in excess of six times each calendar year shall be considered a home occupation. Each sale shall not last more than three consecutive days.
The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
There shall be no deliveries to or from a home occupation with a vehicle larger than a 26,000 pound gross vehicle weight truck.
No motor power other than electrically operated motors shall be used in connection with a home occupation.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.
No equipment or process shall be used in a home occupation which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.
A home occupation permit is required for all home-based businesses and can be obtained at the Gillett City Hall during normal business hours. The permit must be approved by the Common Council following the recommendation of the Planning Committee prior to the establishment and operation of a home occupation. Annually on July 1, the applicant of said permit is required to renew the home occupation permit.
An establishment where lodging is provided for compensation other than in dwelling units and for nine or more persons. Hotels may serve meals to both occupants and others. The term "hotel" is also intended to imply motel, motor court, motor lodge, tourist court or any form that conforms to this definition.
The planting of grass, shrubs or trees to serve as a green area in yards, setback areas, other open space areas, etc.
An off-street space or berth on the same lot with a building or contiguous to a group of buildings and abutting on or affording direct access to a public street or alley for the temporary parking of a commercial vehicle while loading or unloading cargo.
A parcel of land used or set aside and available for use as the site for one or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the limits of a public or private street right-of-way. The term "record lot" shall mean land designated as a distinct and separate parcel on a legally recorded deed or plat in the office of the County Register of Deeds.
The total horizontal area within the lot lines of the lot.
The percentage of the lot area covered by the principal structure.
The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
The line on the Official Map that indicates lot boundaries, provided that any street lines shall be considered lot lines for the purposes of this chapter.
CORNER LOTA lot located at the intersection of two or more streets. A lot abutting a curved street shall be considered a corner lot when the projected tangents of the lot lines along those streets meet at an interior angle of less than 135°.
INTERIOR LOTA lot with only one frontage on a street.
THROUGH LOTA lot other than a corner lot with frontage on two streets.
The width of a lot measured at the front yard line.
A membrane storage structure shall mean a temporary accessory structure consisting of a frame that is covered with a plastic, fabric, canvas, metal or similar nonpermanent material, which is used to provide storage for vehicles, boats, recreational vehicles and other personal property; which term shall also apply to accessory structures commonly known as hoop houses, canopy covered carports and garages and coveralls; but shall not apply to greenhouses or temporary tents or canopies used for limited time special events such as weddings, festivals, graduations or farmers markets. The regulations for such a structure as listed above are as follows:
[Added 3-3-2011 by Ord. No. 4-2011]
An application for a membrane storage structure must be filed with the Building Inspector prior to each construction.
All applications for membrane storage structures require review and approval by the Building Inspector.
The structure shall only be located within the back yard and shall meet all setback requirements.
Membrane storage structures, legally existing at the time of the enactment of this definition, shall be allowed to continue, until such time as the property upon which the structure is located is transferred to a new property owner or the temporary membrane storage structure deteriorates to the point where it becomes a nuisance, as determined by the Building Inspector and/or Planning Committee, at which time the membrane storage structure must be repaired, replaced or removed, also as determined by the Building Inspector and/or Planning Committee.
See definition in § 24-2 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A site designed and maintained for the location of two or more mobile homes under a continuing local general management and including special facilities for common use by the occupants, such as open space areas and recreational areas and buildings.
A parcel of land within a mobile home park or a lot in a mobile home subdivision designed for the placement of one mobile home.
The total acreage of a lot, tract or parcel, excluding land in existing and proposed streets and street rights-of-way.
The lawful use of land or structures existing prior to the adoption or amendment of this chapter which does not conform to the provisions hereof. Any structure conforming with respect to use but not with respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
A premises or parcel of land containing parking spaces open to the public for a fee payment schedule or as free parking.
A graveled or hard-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.
A vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
One-half of the total width of the street, measured from the center of the street. (See definition of "street line.")
A building or premises where mechanical repair work may be performed.
The distance between any property line and a structure.
A commercial development of more than three establishments on one tract or parcel under one ownership or unified control, planned and developed as a unit.[2]
That portion of a building, other than a basement, that is between the surface of any floor and the surface of the next floor above it or, if there is not a floor above, then the space between such floor and the ceiling above it
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way or front yard line.
Anything constructed or erected the use of which requires location on the ground or attachment to something having a permanent location on the ground.
Any permanent container of water, which is either above or below ground, and which is located on the property for 365 days per year, in which water is contained and which is used primarily for bathing or swimming. This definition shall not apply to Christy Brook, Savage Lake, Kasten Lake, or any natural drainage course. Temporary pools must be taken down by October 1 and not reassembled until April 1, or pools will be subject to pool and fence permits and requirements.
[Amended 3-2-2006 by Ord. No. 2006-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Plants not to include shrubs, bushes or plants that do not grow to a height of more than 20 feet.
A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
An open space on a lot, unoccupied and unobstructed from the ground upward; provided, however, that fences, walls, poles, posts and other customary yard accessory ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
A yard extending across the front of a lot between the side lot lines and extending from the right-of-way line to the nearest building or projection of a building as established in each zoning district.
A yard extending across the rear of a lot between the side lot lines and extending from the rear property line to the nearest line of the principal structure or projection of the principal structure.
A yard extending between the nearest building or projection thereof and the side lot line and extending from the front yard to the rear yard.
[2]
Editor's Note: Former definitions of "sign" and "sign types," which immediately followed this definition, were repealed 3-3-2011 by Ord. No. 3-2011.