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

(Comp. Ords. 2000, § 17.01(1))

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

(Comp. Ords. 2000, § 17.01(2))

This chapter shall be known as, referred to, or cited as the Zoning Ordinance for the Village of Howard, Brown County, Wisconsin.

(Comp. Ords. 2000, § 17.01(3))

(a)

It is the general intent of this chapter to regulate and restrict:

(1)

The use of all structures, land and water;

(2)

Lot coverage, population distribution and density; and

(3)

The size and location of all structures so as to:

a.

Lessen congestion in and promote the safety and efficiency of streets and highways;

b.

Secure safety from fire, flooding, panic and other dangers;

c.

Provide adequate light, air, sanitation and drainage;

d.

Prevent overcrowding;

e.

Avoid undue population concentration;

f.

Facilitate the adequate provision of public facilities and utilities;

g.

Stabilize and protect property values;

h.

Further the appropriate use of land and conservation of natural resources;

i.

Preserve and promote the beauty of the community; and

j.

Implement the community's comprehensive plan or plan components.

(b)

It is further intended that this chapter promote the administration and enforcement of its provisions and provide penalties for its violation.

(Comp. Ords. 2000, § 17.01(5))

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 the Wisconsin Statutes.

(Comp. Ords. 2000, § 17.01(6))

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:

Abandonment means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

Abutting means having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

Accessory building means a subordinate building, detached from but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building or use.

Accessory use means a means use of land or of a building, or portion thereof, which is:

(1)

Located on the same lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;

(2)

Clearly incidental to, subordinate in purpose to, customarily found in connection with, and serves the principal use; and

(3)

Clearly operated and maintained solely for the comfort, convenience, necessity or benefit of the occupants, employees, customers or visitors of or to the principal building or use.

Addition means an extension or increase in floor area or height of a building or structure.

Advertising device means any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such device is located or to which it is affixed. The term "advertising device" does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

Agriculture (farm) means the use of land and buildings for the production, keeping, management or maintenance (for sale, lease or personal use) of plants and animals useful to man including, but not limited to:

(1)

Forages and commercial feedlots;

(2)

Sod crops;

(3)

Grain and seed crops;

(4)

Dairy animals and dairy products;

(5)

Poultry and poultry products;

(6)

Livestock, as well as the breeding, pasturage and grazing of any or all such animals, including the following:

a.

Beef cattle;

b.

Sheep;

c.

Swine;

d.

Horses;

e.

Ponies;

f.

Mules;

g.

Goats; or

h.

Any mutations or hybrids thereof;

(7)

Fur-bearing animals;

(8)

Game animals;

(9)

Fish and fish products;

(10)

Bees and apiary products;

(11)

Trees and forest products;

(12)

Fruits of all kinds, including grapes, nuts and berries;

(13)

Vegetables;

(14)

Nursery, floral, ornamental and greenhouse products; and

(15)

Lands devoted to soil conservation, forestry management programs, game preserves and wildlife sanctuaries.

For the purpose of this chapter, the term "agriculture" includes all necessary accessory uses for packing, treating or storing agricultural products produced on the premises; provided the operation of any such accessory use shall be secondary to that of the normal agricultural activity.

Airport means any area of land or water which is used or intended to be used for the landing and taking off of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.

Alley means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

Alteration means any change, addition or modification in construction or occupancy of an existing structure.

Alteration, structural, means any change or modification to the supporting members or framework of a building or structure such as bearing walls, columns, beams, girders, joists, rafters, etc.

Antenna means any system of wires, poles, rods, reflecting discs or similar devices, including supporting structures, which is used for the transmission or reception of electromagnetic waves, and which is external to or attached to the exterior of a building.

Basement means that portion of a building below the first floor or ground floor with its entire floor below grade.

Bed and breakfast establishment means an owner-occupied dwelling unit that contains no more than three guestrooms where lodging, with or without meals, is provided for compensation.

Block means a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or municipal boundary lines.

Boardinghouse. See Lodginghouse.

Building means any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building. The term "building" includes all other structures of every kind regardless of similarity to buildings.

Building, accessory. SeeAccessory building.

Building bulk means the height, depth, width and density of a building.

Building, detached, means a building surrounded by open space on the same lot.

Building height means the vertical distance measured from the mean elevation of the finished lot grade at the front of the building to the highest point of the roof of the building.

Building setback means the distance from the boundaries of a lot or street right-of-way within which buildings, including any attachments thereto, shall not be erected.

Business, drive-in, means an establishment with street access which provides no interior seating or service; or an establishment which allows for interior seating or service but conducts a majority of its business by means of a service window, in-car service, or carry-out counter.

Campground means a tract or parcel of land on which space is provided for day or overnight camping.

Canopy (marquee) means a permanent, rooflike structure projecting from a wall of a building over an entrance, erected primarily to provide shelter from the weather, which may be supported in whole or in part by vertical supports to the ground.

Capacity means, with regards to persons of an establishment or use, the maximum number of persons that can avail themselves of the services or goods of such establishment at any one time, with reasonable safety and comfort, as determined in the building code or fire code or as may be determined by the village building inspector or fire chief.

Carport means a permanent structure, open on at least one side, used to store vehicles.

Cartage facility means a building or premises in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and other trucks, are parked or stored.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Church, house of worship, religious institution means an institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which religious services of any denomination are held.

Clinic, medical or dental, means an organization of physicians or dentists, or both, who have their offices in a common building. The term "clinic" shall not include inpatient care.

Club or lodge, private, nonprofit, means a nonprofit unincorporated association, or a nonprofit corporation of persons who are bona fide members paying dues, which owns, hires or leases a building or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcohol beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcohol beverages is in compliance with applicable federal, state and local laws.

Community living arrangement.

(1)

The term "community living arrangement" means any of the following facilities licensed, operated or permitted under the authority of the state department of health and services, including:

a.

Child welfare agencies under Wis. Stats. § 48.60;

b.

Group homes for children under Wis. Stats. § 48.02; and

c.

Community-based residential facilities under Wis. Stats. § 50.01.

(2)

The term "community living arrangement" does not mean or include any of the following facilities:

a.

Adult family homes as defined in Wis. Stats. § 50.01;

b.

Day care centers;

c.

Nursing homes;

d.

General hospitals;

e.

Special hospitals;

f.

Prisons or jails.

Condominium means an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential or commercial building, such as an apartment or office. A condominium may also include a separate interest in other portions of such real property.

Convalescent home. See Nursing home.

Cul-de-sac means a local street, one end of which is closed and consists of a circular turnaround.

Day care center, group, means an establishment for the care and supervision of nine or more children under seven years of age for more than four and less than 24 hours per day for more than ten days per month.

Day care home, family, means a private dwelling used for the care and supervision of one to eight children under seven years of age for more than four and less than 24 hours per day for more than ten days per month. For the purposes of this chapter, a family day care home shall be allowed as an accessory use to any permitted or legally established dwelling in any zoning district except for the A-1 Exclusive Agriculture Farmland Preservation District (A-1.)

Deck means an open, unroofed, unenclosed floor structure which is elevated above the adjacent ground level and used for lounging, dining or recreation purposes.

Development means the division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any use or extension of use of land.

Distributing facility means a building or premises used for the storage, wholesale and/or distribution of manufactured products, supplies or equipment.

Driveway means a private, hard-surface roadway providing access from a street or public right-of-way to approved parking spaces on a lot or parcel of land. Driveways shall be paved with asphalt, concrete, paving bricks, or an equivalent hard-surface material. For the purpose of this definition, compacted gravel or crushed stone a minimum of four inches in thickness shall be considered an equivalent hard-surface material.

Dwelling means a building, or portion thereof, designed and used for residential purposes, containing one or more dwelling units, but not including hotels, motels or single-width manufactured homes (mobile homes).

Dwelling, attached, means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, detached, means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling, multifamily, means a building containing three or more dwelling units.

Dwelling, single-family, means a building containing one dwelling unit.

Dwelling, two-family, means a building containing two dwelling units.

Dwelling unit means a structure, or part of a structure, which consists of one or more rooms arranged, designed or used as living quarters for one family only, including complete, permanently installed bathroom and kitchen facilities.

Easement means a grant of one or more property rights by the owner of a parcel of land to, or for the use by, the public, a corporation, or another person or entity.

Employee or staff member, full-time, means a person who works full-time at the building or use regulated. For computation of the sum of employees at a use scheduling more than one shift, the sum shall be based on the maximum number of employees at any one shift working at least 30 hours per week.

Establishment, business, means a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same lot.

Expressway. See Freeway.

Family means one or more persons each related to the other by blood, marriage, adoption or foster children, who are living together in a single dwelling unit and maintaining a common household. Not more than five unrelated persons living together on a premises may constitute a family. The term "family" includes any domestic servants and not more than one gratuitous guest residing on the premises.

Farm. See Agriculture.

Fence means an enclosing barrier consisting of vegetation, wood, stone, metal or other material. For the purposes of this chapter, the term "fence" shall be construed to include plantings such as hedges.

First floor means the first floor level above any ground floor or basement or, in the absence of a ground floor or basement, the lowest floor level of a building.

Floor area means:

(1)

For determining floor area ratio, the sum of the gross horizontal areas of all floors in a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The term "floor area" of a building includes basement areas, elevator shafts, stairwells at each floor, floor space used for mechanical equipment (except open or enclosed equipment located on the roof), penthouse areas, attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed porches, attached garages, and floor areas devoted to accessory uses. The floor area of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of ten feet in height shall equal one floor.

(2)

For determining off-street parking and loading requirements, the sum of the gross horizontal areas of all floors in a building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor areas devoted to retailing activities, the production or processing goods, or business or professional offices. The term "floor area" does not include:

a.

Floor areas devoted primarily to storage purposes, except as otherwise noted herein;

b.

Floor areas devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering spaces; or

c.

Basement floor areas other than areas devoted to retailing activities, the production or processing of goods, or business or professional offices.

Floor area ratio (FAR) means the floor area of the building or buildings on a lot divided by the area of such lot or, in the case of planned developments, by the net site area. The "floor area ratio" regulations, as specified in the zoning district sections of this chapter, shall set forth the maximum floor area allowable for the building or buildings (both principal and accessory buildings) in direct ratio to the gross area of the lot.

Freeway means a divided trafficway in which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

Frontage means the length of all property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street or, if dead-ended, all property abutting on one side between an intersecting street and the dead-end of the street.

Frontage, lot, means the length of all the property of such lot fronting on a public street measured between side lot lines.

Funeral home means a building or portion thereof used for human funeral services which may contain space and facilities for:

(1)

Embalming and the performance of other services used in preparation of the dead for burial;

(2)

The performance of autopsies and other surgical procedures;

(3)

The storage of caskets, funeral urns and other related funeral supplies; and

(4)

The storage of funeral vehicles, but shall not include facilities for cremation.

Garage, private, attached, means an enclosed portion of a private dwelling used for the storage of motor vehicles which are owned and operated by the occupants of the dwelling.

Garage, private, detached, means an enclosed residential accessory building, completely surrounded by open space, used for the storage of motor vehicles which are owned and operated by the occupants of the dwelling on the property.

Garage, public, means an enclosed building used by the public for the storage of motor vehicles.

Garage, repair, means a building or premises in which or upon which motor vehicles are maintained, serviced, repaired, rebuilt or refinished, including both minor and major mechanical overhauling, body work and painting. See Service station.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

Ground floor means that level of a building on a sloping or multilevel lot, below the first floor, which has a portion of its floor line below grade and a portion at or above grade.

Guest, permanent, means a person who occupies or has the right to occupy a hotel or apartment hotel accommodation as his domicile and place of permanent residence.

Guesthouse means a detached accessory building located on the same lot as the principal building and containing living quarters for temporary guests only. Such living quarters shall not be rented to or occupied by the general public.

Health and medical institutions means establishments or organizations which provide specialized inpatient or outpatient medical or dental care.

Hedge means a dense row of shrubs, vegetation, plantings, etc., forming a boundary, fence, or barrier.

Highway, limited-access, means a trafficway, including toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

Home occupation means an accessory occupation, profession, activity or use, carried on in a private dwelling (not including accessory buildings) by a member of the immediate family residing therein, which complies with section 50-867.

Hospital means an institution providing health services primarily for inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices that are an integral part of the facilities.

Hotel means an establishment which is open to transient guests, in contradistinction to a boardinghouse, roominghouse or lodginghouse, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services, such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, bellboy service, restaurants, meeting rooms, recreational facilities, and the use and upkeep of furniture.

Incompatible use means a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.

Industrial park means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. An industrial park may be promoted or sponsored by a private developer, community organization, or government organization.

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

Kennel, indoor, means a building in which three or more dogs or four or more cats or other animals at least two months of age are commercially kept for board, propagation, training, sales or other uses, all of which are conducted within the building itself.

Kennel, outdoor, means a property on which three or more dogs or four or more cats or other animals at least two months of age are commercially kept for board, propagation, training, sales or other uses, all of which are conducted on the property itself.

Landfill means an operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.

Lodge. See Club, private, nonprofit.

Lodginghouse, boardinghouse and roominghouse mean an owner-occupied residential building, or portion thereof, but not a motel, apartment hotel, or hotel containing lodgingrooms, which accommodates persons who are not members of the owner's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.

Lodgingroom means a room rented as sleeping and living quarters, without cooking facilities, and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodgingroom for the purpose of this chapter.

Lot means a lot of record. The term "lot" includes the terms "piece," "parcel" and "plot."

Lot area, gross, means the area of a horizontal plane bounded by the front, side, and rear lot lines of a lot, but not including any area occupied by the waters of a duly recorded lake or river or public right-of-way.

Lot, corner, means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot, interior, means a lot, other than a corner lot.

Lot line, corner side, means that boundary of a corner lot which is not established as a front lot line and which lies along an existing or dedicated public street right-of-way. See section 50-904 for additional clarification.

Lot line, front, means that boundary of a lot which is not established as a corner side lot line and which lies along an existing or dedicated public street right-of-way. See section 50-904 for additional clarification.

Lot line, rear, means that boundary of a lot which is most distant from and is, or most nearly is, parallel to the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means a lot which is part of a subdivision, land division, replat or certified survey, the plat or map of which has been recorded in the office of the register of deeds of the county; or a parcel of land, the deed to which was recorded in the office of said register of deeds prior to the adoption of this chapter.

Lot, substandard, means a lot or parcel of land which does not comply with the minimum lot size requirements established in this chapter for the zoning district in which such lot or parcel is located.

Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot width means the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately behind the front yard setback line.

Lot, zero lot line, means a lot upon which a building may be constructed so that one of its walls is placed on a side lot line. Such wall may be a common wall with an adjoining building on an adjoining lot.

Manufactured home means a factory-built, single-family structure manufactured under the authority of the National Manufactured Housing Construction and Safety Standards Act of 1974, which is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the structure other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. For the purpose of this chapter, the term "manufactured homes" includes structures known as mobile homes.

Marina means a facility for storing, servicing, fueling, berthing, securing and launching of private pleasure craft, which may include the sale of fuel and incidental supplies for the boat owners, crews and guests.

Marquee. See Canopy.

May. The term "may" is permissive.

Measured distances means all measured distances shall be to the nearest integral foot. If a fraction is less than one-half foot, the integral foot next below shall be taken.

Mezzanine means an intermediate floor level, either open or enclosed, between the floor and ceiling of a main story and extending over only part of the main floor.

Miniwarehouse and self-service storage facility means a building consisting of varying sizes of unheated, unattended, private, individual, compartmentalized, self-contained and controlled access units, stalls or lockers that are rented, leased or owned for the storage of household or business goods or wares.

Mobile home means, for the purposes of this chapter, a single-width, factory-built or manufactured home, which is designed to be used as a yearround residential dwelling, and which is transported as a single unit or section.

Motel means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single lot and designed for use by transient automobile tourists. A motel furnishes customary hotel services, such as maid service, laundering of linens, telephone and secretarial or desk service, and the use and upkeep of furniture. In a motel, less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

Motor vehicle means any self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, but excluding a device used exclusively upon stationary rails or tracks.

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.

Nursing home, convalescent home or rest home means a private establishment for the care of children, the aged or the infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

Parking, off-street, means where licensed, operable motor vehicles are parked or temporarily stored while not in operation in garages, lots or ramps specifically set aside for idle vehicles.

Patio means, for the purposes of this chapter, an open, unroofed, unenclosed, nonelevated paved area adjoining a dwelling which is constructed at ground level and used for outdoor lounging, dining and recreation.

Philanthropic, charitable means any of the following:

(1)

A purpose described in section 501(c)(3) of the Internal Revenue Code.

(2)

A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary objective.

State Law reference— Similar definition, Wis. Stats. § 440.41(2).

Plan commission, village, means a body consisting of elected and appointed members authorized to consider zoning matters and make recommendations to the village board.

Planned development means a tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and intended to permit diversification and variation in the relationship of uses and structures and open space for developments conceived and implemented as comprehensive and unified projects.

Professional office means the office of a member or members of a recognized profession, including the offices of ministers, architects, professional engineers, lawyers and such other similar professional occupations; including the offices of charitable organizations and including also insurance or financial institutions which conduct business principally by mail, but excluding offices of health care professionals.

Professional office, health care, means the office of a member of a recognized health care profession licensed under Wis. Stats. chs. 441, 446, 447, 448 or 449.

Property line means a legally established line dividing a lot or parcel of land from an adjoining lot or parcel of land.

Public utility, governmental and service uses means uses including, but not limited to, electric substations, gas regulator stations, post offices, fire stations, police stations, municipal buildings, railroad passenger stations, railroad rights-of-way (but not including railroad yards), public road rights-of-way, sewage treatment plants, dams, power plants, waterworks, reservoirs, pumping stations, filtration plants, telephone transmission equipment and buildings, and microwave relay towers.

Recorded, for the purpose of this chapter, means recorded in the office of the register of deeds of the county.

Religious institution. See House of worship, church.

Rest home. See Nursing home.

Restaurant, drive-in, means a restaurant which has no interior seating or which has interior seating with in-car service.

Right-of-way means a strip or parcel of land occupied or intended to be occupied for a special use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm sewers, or any other use requiring maintenance by a public agency shall be dedicated to public use by the developer of the plat on which such right-of-way is established. The use of the term "right-of-way," for land platting purposes, means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lot or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels.

Roadside stand means a temporary or seasonal building or structure for the display and sale of agricultural products with no space for customers or patrons within the structure itself.

Roominghouse. See Lodginghouse.

Salvage yard. See Junkyard.

Sanitarium means an institution for the care of invalids or convalescents.

Satellite dish antenna means a round, parabolic antenna whose purpose is to receive communications or other signals from orbiting satellites and other sources and magnify and transfer such signals to the interior of a building. For the purposes of this chapter only, the regulations contained herein shall not apply to satellite dish antennas measuring one meter or less in diameter or width.

Service station means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication and minor repairs are conducted; but shall not include establishments where major automotive maintenance activities such as engine overhauls, vehicle painting or body work is conducted, See Repair garage.

Setback means the minimum horizontal distance between a building, structure or use and a property line or right-of way line.

Setback area means the horizontal area or areas of a lot between the property lines or right-of-way lines and the minimum setback lines as established in the zoning district sections of this chapter.

Setback, corner side yard, means the minimum horizontal distance between the side of a building, structure or use located at the intersection of two streets, and the right-of-way line of the intersecting street parallel to that side.

Setback, front yard, means the minimum horizontal distance between the front of a building, structure or use, and the front property line or right-of-way line.

Setback lines means lines established adjacent to lot lines or street right-of-way lines for the purpose of defining limits within which any or certain buildings, structures or uses may be constructed, maintained or carried on, except as shown herein.

Setback, rear yard, means the minimum horizontal distance between the rear of a building, structure or use, and the rear lot line.

Setback, side yard, means the minimum horizontal distance between the side of a building, structure or use, and a side lot line; unless the side of the building, structure or use is parallel to a street, in which case the definition of "corner side yard setback" shall apply.

Sexually oriented businesses. This article adopts and incorporates herein the definition of sexually oriented businesses in chapter 6, article XII, sections 6-641 and 6-642 of this Code.

Shall. The word "shall" is mandatory and not discretionary.

Shopping center means a group of retail businesses and service uses on a single site or lot with common parking facilities which is planned, constructed and managed as a total entity.

Site plan means a plan, drawn to scale and fully dimensioned, accurately showing the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.

Staff member. See Employee.

Story means that part of a building between the surfaces of any floor and the floor next above or below, or roof next above, or any space not defined as a basement, ground floor, mezzanine, balcony, penthouse or attic.

Street means a legally established public thoroughfare or right-of-way, whether designated or not by name or number, such as avenue, boulevard, circle, court, drive, lane, place, road or way, which affords a primary means of vehicular access to abutting property.

Street, arterial, means a major, high-capacity street designed to carry large volumes of traffic between various areas of the community.

Street, collector, means a street, including the principal entrance street of a residential development and the principal circulating street within such development, which carries traffic from minor or local streets to the system of major streets and highways.

Street, local. See Street, minor.

Street, minor or local, means a street of limited continuity used primarily for access to abutting properties and for the local needs of a neighborhood.

Structure means an assembly of materials forming a construction, the use of which requires location on the ground or attachment to something having location on the ground.

Subdivision means a division of a lot, parcel or tract of land by the owner thereof, or his agent, for the purpose, whether immediate or future, of sale or building development.

Substation, public utility, means a facility where public utility services are switched in order to disconnect or reconnect parts of the system.

Swimming pool means any permanent depression in the ground or any permanent above or below ground container in which water more than 18 inches deep is contained and which is used primarily for the purpose of bathing or swimming. For the purpose of this definition, the term "permanent" means a device which remains in place yearround and is not dismantled, stored, moved or removed on a seasonal basis. The term "swimming pool" does not include such temporary devices as children's wading pools, inflatable pools or similar devices, regardless of water depth.

Temporary building means, for the purposes of this chapter, an easily erected and/or readily transportable building, without permanent sewer, water, heating or electrical power, which is used for a specific purpose for a limited period of time before being dismantled and/or removed. The term "temporary building" may include, but are not limited to:

(1)

Tents used for church picnics, revival meetings, charitable events and similar uses;

(2)

Greenhouses used for seasonal display and retail sale of nursery stock;

(3)

Roadside stands used for seasonal sale of agricultural products; or

(4)

Trailers used as temporary office space for employees.

Tent means any temporary structure or enclosure, the roof of which and/or one-half or more of the sides of which are constructed of silk, cotton, canvas, fabric or a similar pliable material.

Truck terminal. See Cartage facility.

Use, accessory. See Accessory use.

Use, conditional, means a use of land or buildings which, because of its unique characteristics, cannot be generally classified as a permitted use in a particular zoning district. In each case, after due consideration of the impact of such use upon neighboring land, and of the public need for the particular use in the particular location, such conditional use may or may not be approved, subject to the terms of this chapter.

Use of property means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, permitted, means a use of land or buildings which may be lawfully established in a particular zoning district, provided it conforms with all applicable requirements, regulations, and standards of such district.

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.

Used for includes the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

Variance means a departure from the terms of this chapter as applied to a specific building, structure or parcel of land. The village board of appeals may grant a variance after finding that:

(1)

A literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, owing to circumstances unique to the individual property on which the variance is sought;

(2)

A literal enforcement of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district; and

(3)

The granting of a variance will not be detrimental to public health, safety or welfare, or injurious to other property or improvements in the neighborhood, or substantially diminish or impair property values.

In no case shall a variance be granted to allow a use not permitted in a particular zoning district.

Village board of appeals means the board created in section 50-63 consisting of appointed members authorized to hear and decide appeals from any order, requirement, decision or determination of the village director of code administration or appointed deputy; hear and pass upon applications for variances from the terms of this chapter; and hear and pass upon all matters referred to it, or upon which it is required to pass.

Warehouse means a building used primarily for the storage of goods and materials.

Yard means an open, unoccupied space on a lot on which a building or structure is located, unobstructed from ground level to the sky, except as otherwise permitted in this chapter. A yard extends along a lot line and to a depth or width which is bounded by the setback line or lines as established for the zoning district in which such lot is located.

Yard, corner side, means a yard extending along the full length of a corner side lot line between the front and rear lot line.

Yard, front, means a yard extending along the full length of a front lot line between the side lot lines.

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

Yard, rear, means a yard extending along the full length of a rear lot line between the side lot lines.

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

Zoning district means a division of the village, the boundaries and locations of each such district being accurately defined on the official zoning map and in this chapter, for which the regulations and requirements governing use, lot size, minimum setbacks, and bulk of buildings and premises are uniform. The various zoning districts of the village are divided as follows:

(1)

Agricultural means the A-1 zoning district.

(2)

Business means the B-1, B-2 and B-3 zoning districts.

(3)

Industrial means the I-1, I-2, I-3, I-4, I-5 and I-6 zoning districts.

(4)

Residential means the R-1, R-2, R-3, R-4 and R-5 zoning districts.

Zoning map, official, means a map, duly approved and adopted by the village board, which defines and identifies the boundaries and locations of zoning districts which is on file in the village offices.

(Comp. Ords. 2000, §§ 17.01(7), 17.02; Ord. No. 2004-31, § 1, 10-25-2004; Ord. No. 2005-23, § 1, 9-26-2005; Ord. No. 2005-24, § 1, 9-26-2005; Ord. No. 2005-26, § 1, 10-24-2005; Ord. No. 2006-03, § 1, 1-23-2006; Ord. No. 2014-20, 12-22-2014; Ord. No. 2016-01, § 1, 2-22-2016)

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

(Comp. Ords. 2000, § 17.03(1))

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, structurally altered, or changed in use without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.

(Comp. Ords. 2000, § 17.03(2))

This chapter is not intended 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. Wherever this chapter imposes greater restrictions, however, the provisions of this chapter shall govern.

(Comp. Ords. 2000, § 17.01(8))

(a)

Definition of "immediate family." For purposes of this section, the term "immediate family" is defined as a person, the person's spouse, the person's parent, the person's grandparent, the person's brother or sister of the whole or half blood, the person's child, the person's stepchild or the person's child by adoption and shall include children who have been placed in foster care, as defined by the Wisconsin Statutes.

(b)

Definition of "designated offender." A "designated offender" means any person who is required to register under Wis. Stats. § 301.45 for any sexual offense against a child or any person who is required to register under Wis. Stats. § 301.45 and who has been designated a special bulletin notification (SBN) sex offender pursuant to Wis. Stats. §§ 301.46(2) and (2m).

(c)

Residential density restrictions. Any structure or other place intended for human habitation, on a temporary or permanent basis, including without limitation, a single-family dwelling, boarding house, lodging house, apartment house, multifamily dwelling, hotel or motel, shall not house more than one individual who is a designated sex offender under the provisions of Wis. Stats. § 301.45 and Wis. Stats. § 301.46. This section shall not apply to a designated sex offender who is living with his/her immediate family. Existing facilities that exceed the density restrictions shall be grandfathered for current residents. Upon any future vacancy the number of permitted residents shall be reduced until the occupancy meets these residential density restrictions.

(Ord. No. 2009-32, § 1, 11-23-2009; Ord. No. 2023-13, § 2, 9-11-2023)