Jefferson Jefferson County
City Zoning Code
City Zoning Code
ARTICLE I
Introduction and Definitions
§ 300-1.01 Title.
This chapter shall be known, cited, and referred to as the City of Jefferson Zoning Ordinance, except whereas referred to herein, where it shall be known as “this chapter.”
§ 300-1.02 Authority.
This chapter is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific statutory references are provided within the body of this chapter solely as a means of assisting the reader. Such references are not to be considered as all-inclusive and shall in no manner be construed so as to limit the application or interpretation of this chapter. State Law References: §§ 62.23(7), 62.231, 87.30, Wisconsin Statutes.
§ 300-1.03 Purpose and intent.
This chapter is adopted for the purpose of protecting the health, safety, morals, comfort, convenience, and general welfare of the public. This chapter is designed to control and lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote adequate light and air; to protect surface water and groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve, protect, and promote property values; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public facilities; to preserve the character of historic areas; and to preserve burial sites as defined in § 3007.70(1)(b), Wisconsin Statutes. It is also the intent of this chapter is to implement certain goals and objectives of the City of Jefferson Comprehensive Plan, which are best addressed through zoning approaches, as enabled by Wisconsin Statutes.
§ 300-1.04 Severability.
It is hereby declared to be the intention of the City of Jefferson City Council that provisions of this chapter are separable in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the application of any portion of this chapter to a particular property, water, building, or structure, such judgment shall not affect the application of said provision to any other property, water, building, or structure not specifically included in said judgment.
C.
If any requirement or limitation attached to an authorization given under this chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization shall also be invalid.
D.
The City does not guarantee, warrant, or represent that only those areas designated as floodplains will be subject to periodic inundation and hereby asserts that there is no liability on the part of the City, its officers, employees, agents, or representatives for any flood damages, sanitation problems, or structural damages.
§ 300-1.05 Abrogation.
It is not intended that this chapter abrogate or interfere with any constitutionally protected vested right. It is also not intended that this chapter abrogate, repeal, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law.
§ 300-1.06 Rules of interpretation.
A.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.
B.
Where property is affected by the regulations imposed by any provision of this chapter and by other governmental regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this chapter, no land shall be developed or used, and no structure erected or maintained, in violation of any state or federal regulations. Where there are conflicts between or among regulations within this chapter, the regulations that are more restrictive or which impose higher standards or requirements shall prevail. In all instances, where there are conflicts between the text of this chapter and any tables or figures of this chapters, the text shall prevail.
C.
No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit, except structures not requiring a building permit (e.g., swing set, clothesline, etc.), and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.
D.
Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter, and the construction of which shall have been started within one year from the date of such permit.
E.
Except as provided in this chapter, under provisions for nonconforming uses, nonconforming developments, substandard lots, and nonconforming structures and buildings (See Article V.), no building, structure, development, or premises shall be hereinafter used or occupied, and no applicable permit granted, that does not conform to the requirements of this chapter.
F.
In cases of mixed occupancy or mixed-use buildings, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used. In the case of buildings containing both residential and nonresidential uses, the density, intensity, and bulk standards for nonresidential buildings shall apply.
§ 300-1.07 Jurisdiction.
This chapter is applicable to all territory located within the corporate limits of the City of Jefferson, all areas within the extraterritorial jurisdiction of the City of Jefferson, and all areas where boundary agreements are in place.
§ 300-1.09 When effective.
This chapter shall become effective upon passage and publication according to law, following the date of repeal and recreation of the Official Zoning Map. All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one year after the effective date of this chapter, except where subject to developer agreement provisions such as planned developments.
§ 300-1.10 Applicability.
A.
All sections of this chapter are applied to all properties, all development activity, and all uses of land and property within the City of Jefferson and extraterritorial jurisdiction. Beyond this chapter, these kinds of activities are subject to all City, state, and federal requirements.
C.
Where questions of applicability arise, the interpretation of applicability falls under the duties of the Building/Zoning Inspector.
§ 300-1.21 Word usage.
The interpretation of this chapter shall abide by the provisions and rules of this section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent of this chapter.
A.
Words used or defined in one tense or form shall include other tenses and derivative forms.
B.
Words in the singular number shall include the plural number, and words in the plural number shall include the single number.
C.
The masculine gender shall include the feminine, and vice versa.
D.
The words “shall,” “must,” and “will” are mandatory.
E.
The words “may,” “can,” and “might” are permissive.
F.
The word “person” includes individuals, firms, corporations, partnerships, associations, trusts, and any other legal entity.
G.
The word “City” shall mean the City of Jefferson, Wisconsin.
H.
The word “county” shall mean the County of Jefferson, Wisconsin.
I.
The word “state” shall mean the State of Wisconsin.
J.
The words “Plan Commission” shall mean the City of Jefferson Plan Commission.
K.
The word “Council” shall refer to the City of Jefferson City Council.
L.
The words “Board” or “Board of Appeals” shall refer to the City of Jefferson Board of Zoning Appeals.
M.
If there is any ambiguity between the text of this chapter and any illustration or figure, the text shall control.
§ 300-1.22 Abbreviations.
The following abbreviations in this chapter are intended to have the following meanings:
Abbreviation | Meaning |
|---|---|
ft | Foot |
N/A | Not applicable |
sq. ft. | Square feet |
Wis. Stats. | Wisconsin Statutes |
§ 300-1.23 Definitions.
The following words, terms and phrases, wherever they occur in this chapter, shall have the meanings ascribed to them by this section. If a term used in this chapter is not defined in this section or elsewhere in this chapter, the definition of said term will be provided by the Building/Zoning Inspector, based on professional sources available including the American Planning Association and Urban Land Institute. For definitions of specific land uses, refer to Article III. For definitions of specific sign types, refer to Article IX. Definitions provided by this section include:
A means of providing vehicular or nonvehicular egress from or ingress to a property, public right-of-way, or private roadway.
An accessory structure which is physically connected to the principal building. Attached accessory structures shall be considered part of the principal structure and are subject to the setback standards for principal structures. Attached defines the relationship between another building and a dwelling, meaning at least one of the following conditions is present:
An accessory structure which is not physically attached to the principal building. A minor connection between structures (outside of anything defined in "accessory structure, attached") does not render an accessory structure attached. Examples of minor connections include, but are not limited to, decks 18 inches or less above grade, arbors and fences, and similar open unclosed structures such as breezeways over the pedestrian pathway between structures and no wider than five feet.
See Article III. A structure or combination of structures that are located on the same lot, tract, or development parcel as the primary nonresidential building; are clearly incidental to and customarily found in connection with a primary building or use; and are subordinate to and serving a primary building or use.
See Article III. Structures accessory to a residential use, including but not limited to structures used to shelter parked passenger vehicles (including garages and carports), structures used to store residential maintenance equipment of the subject property, workshops, kennels, boathouses, and pool houses. Residential accessory structures may be attached or detached from the principal residential structure.
A use subordinate to the principal use of a building or lot and serving a purpose customarily incidental to the principal land use. Accessory uses in residential districts shall not involve the conduct of any business, trade, or industry, except as defined as a home occupation and shall not include the boarding of animals or the keeping of fowl or farm animals (except pets or as otherwise permitted by the Municipal Code).
Forty three thousand, five hundred and sixty square feet.
Any construction that increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.
The number or other designation assigned by the Building/Zoning Inspector to a housing unit, business establishment, or other structure or site for purposes of mail delivery, emergency services, and so forth.
A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, commissions, and the City Council, regarding matters regulated by the Zoning Ordinance.
Any area of land designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities located thereon.
Any structure, object, or natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing and taking off.
A minor public right-of-way/street or thoroughfare providing secondary access to a property. Alley access does not constitute frontage for the purposes of minimum lot frontage.
Any change, addition, or modification in construction (other than maintenance), or any change in the structural members of buildings such as load-bearing walls, columns, beams, girders, etc.
A measure which represents a common denominator for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the maximum carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following figure indicates the number of common farm species which comprise a single animal unit:
Figure 300-1.23a |
Animal Units | |
|---|---|
Type of Livestock | Number of Animals/Animal Unit |
Horse (more than 2 years) | 1 |
Colt (less than 2 years) | 2 |
Cattle (more than 2 years) | 1 |
Cattle (less than 2 years) | 2 |
Calves (less than 1 year) | 5 |
Brood sow or boar | 2 |
Hogs (up to 220 pounds) | 3 |
Sheep | 10 |
Lambs | 14 |
Chickens: egg layers | 30 |
Chickens: fryers | 60 |
Turkeys | 50 |
Source: The Stockman’s Handbook |
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 300-10.52.
Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.
A shielding or decorative fixture attached to a structure and extending from the face of the structure that is permanent in nature, which may be fixed or retractable.
A platform that is attached to and projects from the wall of a principal building and is surrounded by a railing or balustrade. This definition is different and separate from a porch, deck, fire escape, etc.
That portion of a building between the floor and ceiling, having at least one-half of its height below grade.
An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.
The property abutting the street between the two nearest intersecting or intercepting streets. A railroad right-of-way, the boundary line of un-subdivided acreage, or a body of water shall be regarded the same as an intersecting or intercepting street for the purpose of defining a “block.”
A residential land use in which a dwelling unit is shared by four or more adults who are not members of the same family.
A vehicle designed for operation as a watercraft propelled by oars, sails, or engine(s).
A structure used for the storage of watercraft and associated materials which has one or more walls or sides.
Any permitted combination of distance, vegetation, fencing, and berming which results in a reduction of visual, noise and other interaction with an adjoining property.
The area remaining on a lot after the minimum setback, drainage provisions, and other site constraint requirements of this chapter have been met.
The depth of the lot left to be built upon after the front and rear yards are provided.
The width of the lot left to be built upon after the side yards are provided.
A structure with a permanent location on the land, having a roof that may provide shelter, support, protection, or enclosure of persons, animals, or property of any kind.
The percentage of a lot covered by principal and accessory buildings or structures.
The outline of the total area covered by a building’s perimeter at the ground level.
The vertical distance from the established grade to the highest point of a flat roof; the deck line of a mansard roof; or the average height between eaves and ridge for a gable, hip and gambrel roof.
The narrowest distance between two buildings (see "minimum building separation").
A building in which the main or principal use of the lot is conducted.
The size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:
Size and height of buildings;
Location of the perimeter of the building at all levels in relation to lot lines, streets, or to other buildings;
Gross floor area of buildings in relation to lot area (floor area ratio or FAR);
All open spaces allocated to buildings;
Amount of lot area provided per dwelling unit.
A measurement of the size of a tree equal to the diameter of its trunk measurement four foot above natural grade.
A structure or sign attached and extending from the face of a building, constructed as a permanent fixture.
The maximum lawful level of designed use of any structure, or part thereof, as determined by the City’s adopted building code and expressed in terms of occupants, seats, persons, employees, or other units specified by the building code.
Structures and facilities owned or operated by a corporation, association, person, or persons, for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
The long-range master plan for the desirable use and development of land in the City as officially adopted and as amended from time to time by the Plan Commission and certified to the Council.
A use which may be appropriate or desirable in a specific zone, but requires special approval because if not carefully located or designed, may not be deemed compatible with neighborhood uses or may create special problems.
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 separate interest in space. A condominium may include, in addition, separate interest in other portions of such property.
An open space within one lot which is surrounded by structures on more than 50% of its perimeter.
A contract between two or more parties which constitutes a restriction of a particular parcel of land.
An uncovered and open platform built above grade and attached, or separated from, to a principal or accessory building, typically supported by pillars or posts. Decks are considered to be part of a building or structure. Setbacks shall be measured from the outermost portion of the deck.
Solid waste resulting from the construction, demolition or razing of buildings, roads, and other structures. Demolition and construction material typically consists of concrete, bricks, bituminous concrete, wood, glass, masonry, roofing, siding, and plaster, alone or in combinations. It does not include asbestos, waste paints, solvents, sealers, adhesive or similar materials.
A term used to describe the number of dwelling units per acre.
A guideline/specification or set of guidelines/specifications regarding the architectural appearance of a building or improvement that governs the alteration, construction, demolition, or relocation of a building or improvement.
That area which is made up of physical property improvements including but not limited to structures, parking, drives, signage and utility features.
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; the primary or principal use or change in primary or principal use of any buildings or land; any extension of any use of land; deposition of materials; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this chapter.
A structural element of a house that protrudes from the plane of a sloping roof surface. Dormers are used to create usable space in the roof of a building by adding headroom and usually also by enabling addition of windows.
A private roadway providing access to a public right-of-way.
A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A dwelling joined to another dwelling at one or more sides by a shared wall or walls.
A dwelling entirely surrounded by open space on the same lot.
Written authorization, recorded in the Register of Deeds office, from a landowner authorizing another party to use any designated part of the land owner’s property for a specified purpose.
The view of any building or other structure from any one of four sides regardless of the configuration or orientation of a building. Each elevation will generally be identified as a north, south, east or west building elevation. Also see “facade.”
The area outside of the City limits in which the City of Jefferson may exercise extraterritorial powers of planning, land division, and/or zoning review.
The wall planes of a building which are visible from one side or perspective (e.g., front, side, rear). See “elevation (building).”
A person living as an individual or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
Any number of people related by blood, marriage, domestic partnership, legal adoption, guardianship or other duly-authorized custodial relationship.
Two unrelated adult individuals and the minor children of each. For the purpose of this section, “children” means natural children, grandchildren, legally adopted children, stepchildren, or a ward as determined in a legal guardianship proceeding.
Three unrelated adult individuals.
Up to four unrelated persons who have disabilities/are disabled or handicapped under the Fair Housing Amendment Act (FHAA) or the Americans with Disabilities Act (ADA), are living as a single household because of their disability, and require assistance from a caregiver.
Up to two personal attendants who provide services for family members or roomers who are disabled or handicapped under the Fair Housing Amendment Act (FHAA) or the Americans with Disabilities Act (ADA) and need assistance with the activities of daily living shall be considered part of a family. Such services may include personal care, housekeeping, meal preparation, laundry or companionship.
Functional family: A group of individuals living together in a single dwelling unit and functioning as the equivalent of a family, whether or not they are related by blood, marriage or other legal relationship. See definition of “functional family.”
Any building, other than a dwelling unit, used for storing agricultural equipment or farm produce or products, having livestock or poultry, or processing dairy products.
Any artificially constructed barrier erected to separate, enclose, or screen areas of land.
A type of fence constructed of evenly-spaced vertical boards that are connected by two or more horizontal rails.
A fence, including solid entrance and exit gates, that is least 90% opaque and that effectively conceals the materials stored and operations conducted behind it from view.
A type of fence constructed of wooden beams or timber logs (usually split lengthwise into rails) that are arranged in a manner that allows for more than 75% of the fence’s surface area to be open for the free passage of light and air.
The sum of the gross horizontal areas of the floors of a building, including interior balconies, mezzanines, basements, and attached accessory buildings, stairs, escalators, unenclosed and enclosed porches, heating and utility rooms, etc. Measurements shall be made from the outside of the exterior walls and to the center of interior walls dividing attached buildings.
For the purpose of determining the floor area ratio, the floor area of a building is the sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of the walls separating two buildings. The floor area of a building includes basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having head room of seven feet 10 inches or more, interior balconies and mezzanines, porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading is not included in floor area.
The floor area of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, is determined on the basis of height in feet; i.e., 10 feet in height shall equal one floor.
Floor area of the building or buildings on the zoning lot divided by the area of the zoning lot, or, in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
A group of individuals living together and sharing common living, sleeping, cooking and eating facilities in which one to four children are provided home-like care by licensed foster parents (individuals other than those defined in “family” above with primary responsibility for the care and supervisions of one or more foster children placed in their foster home) and in whose name the foster home is licensed under Wis. Stats. DCF 56. Pursuant to Wis. Stats. § 62.23(7)(i)3.
See "lot frontage."
A group of individuals living together in a single dwelling unit and functioning as the equivalent of a family, whether or not any of the individuals are related by blood, marriage or other legal relationship. Groups of four or more unrelated adult individuals shall be rebuttably presumed not to be a functional family under this definition. In determining whether or not a group of unrelated individuals is a functional family under this definition, the Building/Zoning Inspector or other reviewing body shall consider the following criteria:
Factors to be considered in this determination include whether:
A lease, sublease or other agreement define portions of the dwelling unit granting limited access to portions of the dwelling unit.
Members of the household have been living together as a functional family unit for a period of one year or more, whether at the current address or other addresses.
Minor dependent children, if any, share the dwelling as their principal residence and are enrolled in local schools.
Members of the household engage in group living activities such as shopping, cooking, eating and socializing.
Members of the household consistently share household expenses or a budget, including expenses for food, rent or ownership costs, utilities and other common household expenses.
Members of the household have established a joint bank account or other similar means to consistently provide for the payment of common expenses.
Members of the household share common ownership of vehicles, furniture, major appliances, and other significant household resources.
Members of the household share the address for voter registration, drivers licensing, vehicle registration, tax filing or other similar purposes.
Members of the household are employed in non-seasonal and non-transient jobs in the local area.
Any other factors reasonably related to and serving as evidence of the household members’ status as a functional family unit.
Unless sufficiently rebutted by competent evidence, any of the following factors shall indicate the absence of a functional family relationship:
A lease, sublease or other agreement which makes each occupant jointly or severably liable for the performance of the lease or agreement.
A lease, sublease or other agreement which holds a relative or any other person who is not an occupant of the household to be a guarantor of the lease or agreement.
A lease, sublease or other agreement which requires or prohibits occupancy and/or payment for occupancy for a period consistent with the semester schedule of local places of higher education or upon a seasonal basis.
A majority of members of the household attend any places of higher education in at least a half-time basis.
An attached or detached building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles. Garages are also commonly used to store other items associated with the use of a lot such as yard maintenance and children’s play equipment.
The surface elevation of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by the chapter.
The final elevation of the ground surface after man-made alteration, such as grading, grubbing, filling or excavating have been made and is part of an approved grading and drainage plan by the City of Jefferson.
An area landscaped with shrubs, trees, and other vegetative ground cover.
The result of dividing the number of dwelling units located on a site by the gross site area (see "maximum gross density").
The total floor area inside the building envelope on all levels of a building.
The total area of a single lot or the sum of multiple lots in common use.
Space in a structure used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, or any space where the floors to ceiling height is less than seven feet and similar areas are not considered habitable space.
Any building or site that meets one or more of the following criteria: buildings or sites listed on the Wisconsin or National Register of Historic Places, either individually or as a contributing building or site to a historic district; buildings or sites with a State Historic Preservation Officer opinion or certification that the property is eligible to be listed on the State Register or National Register of Historic Places, either individually or as a contributing building or site to a historic district; or is locally designated as a local landmark.
Surfaces that prohibit infiltration of stormwater. Homes, buildings, and other structures with roofs, as well as concrete, brick, stone, asphalt, gravel, and similar paved surfaces are considered impervious.
A measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.
Occupancy of a dwelling unit by no more than one family.
Any vacant lot or parcel within developed areas of the City, where at least 80% of the land within a 300-foot radius of the site has been developed; and where water, sewer, streets, schools, and fire protection have already been developed and are provided. Annexed areas located on the periphery of the City limits shall not be considered infill sites.
A term used to describe the amount of gross floor area or landscaped area on a lot or site compared to the gross site area.
The percentage of the gross site area or lot area which is preserved as permanently protected green space or landscaped area in relation to the percentage of gross site or lot area included in development.
The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced ground covers, shrubs, bushes, and trees. The landscaped area also includes the area located within planted and continually maintained landscaped planters as well as subordinate accessory use of other landscape elements such as mulch, river rock, etc.
A roofed arcade or gallery with open sides stretching along the front or side of a building, often at an upper level.
A parcel of land in one ownership and not divided by a street nor including any land within the limits of a public right-of-way. The term “lot of record” shall mean land designated as a distinct and separate parcel on a legally recorded plat, subdivision, or other instrument permitted by law, in the Register of Deeds office.
The computed area contained within the lot lines of a recorded lot, including land over which easements have been established.
The mean horizontal distance between the front and rear lot lines.
The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the right-of-way. All sides of a lot that abuts a street shall be considered lot frontage. On curvilinear streets, the distance of the arc between the side lot lines shall be considered the lot frontage.
A lot line is the legal property line (including the vertical plane established by the line and the ground) bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.
A lot line which abuts a public or private street right-of-way. In the case of a lot which has two of more street frontages, the lot line along the street with the shortest frontage distance shall be the front lot line, unless approved otherwise by City staff (See also "lot line, street side"). See Figure 300-1.23c.
In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or street, the rear lot line shall be opposite the front lot line (shorter of the frontages). See Figure 300-1.23c.
Any lot line other than a front or rear lot lines. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot is called an interior side lot line. See Figure 300-1.23c.
Any lot line which abuts a public or private street right-of-way which is not the front lot line (see also lot line, front). See Figure 300-1.23c.
A platted lot or lot described in a plat, certified survey map, in a metes and bounds description, or other instrument permitted by law and has been approved by the City of Jefferson and/or by Jefferson County, and has been recorded in the office of the Register of Deeds.
The maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot line(s) at the required front yard setback (see minimum lot width).
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lines or their greatest angle is the “corner.”
A lot that does not contain a principal structure, which is located directly across the street or alley from a lot containing a principal residential structure. Typically, garage lots contain a garage or other accessory structure and are under the same ownership as the lot containing the principal residential structure.
A lot other than a corner lot.
Figure 300-1.23c Regular Lot Descriptions  |
A lot having frontage on two parallel or approximately parallel streets (also known as a “double-frontage lot”). See Figure 300-1.23c.
An activity that restores the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, undamaged condition. Activities that change the character, size, or scope of a project beyond the original design or otherwise alter a serviceable area, structure, or land use are not included in this definition.
A one- or two-family home certified and labeled as a manufactured home under 42 USC 5401-5426 which when placed on the site is set on an enclosed foundation in accordance with § 70.043(1) Wis. Stats. and Subchapters III, IV, and V of Chapter COMM 21, Wis. Adm. Code, or a comparable foundation as approved by the local Building Inspector, is installed according to manufacturer’s instructions, is properly connected to utilities, has asphalt shingles and a gable or hip roof, has insulated glass windows, has vinyl, aluminum or other quality siding, and is a minimum of 22 feet wide.
The largest permitted total gross floor area a building may contain (see "building size").
The maximum number of dwelling units permitted per acre of gross site area (see "gross density").
The narrowest permitted building separation.
The lowest permitted landscape surface ratio (see "landscape surface ratio").
The minimum size lot permitted within the specified zoning district.
The smallest permissible lot width for the applicable zoning district.
The narrowest distance permitted from a street, side, or rear property line to a structure.
Some combination of residential, commercial, industrial, office, institutional, and/or other land uses within a district or development.
A type of single-family dwelling unit suitable for year-round occupancy designed to be towed as a single unit or in sections, with or without a permanent foundation, with walls of rigid, un-collapsible construction, and with water supply, sewage disposal, and electrical convenience. A mobile home includes both a “mobile home” and a “manufactured home” as defined by Wisconsin Statutes. A mobile home does not include a “modular home” as defined by this chapter. Any similar dwelling unit which has its own motor or remains on wheels shall be considered a recreational vehicle.
A dwelling unit meeting the Uniform Dwelling Code that is transported to the building site in sections, does not have a permanent chassis, and is permanently mounted on a permanent foundation. A modular home is regulated as a single-family dwelling unit under § 300-3.06A.
A building or structure designed for three or more separate dwelling units in which one dwelling unit may have a roof, wall, or floor in common with another dwelling unit.
All natural inland lakes, rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of Wisconsin, including the Wisconsin portion of boundary waters. All bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. For the purposes of this chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
The area of a site which may be disturbed by development activity. Net developable area is the result of subtracting undevelopable area (comprised of surface water, wetlands, 100-year floodplains, floodways, drainageways, and steep slopes exceeding 19%) from the gross site area.
Any building or other structure which was lawfully existing under ordinances or regulations preceding this chapter, but which would not conform to this chapter if the building or structure were to be erected under the provisions of this chapter.
A lawful development approved under ordinances or regulations preceding the effective date of this chapter, but which would not conform to this chapter if the development were to be created under the current provisions of this chapter.
A nonconforming or substandard lot is a lot legally established prior to the effective date of this chapter or subsequent applicable amendments thereto which would not be permitted under the current terms of this chapter.
A structure legally established prior to the effective date of this chapter or subsequent applicable amendments thereto which would not be permitted under the current terms of this chapter. Parking, loading, access drives, and other paved areas are included in the definition of structure.
An active and actual use of land, buildings, or structures, which was lawfully existing prior to the enactment of this chapter or amendments thereto, which has continued as the same or less intensive use to the present, and which, does not comply with the applicable regulations of this chapter.
The individual uses including but not limited to “agricultural land uses,” “institutional land uses,” “commercial land uses,” “industrial land uses,” “storage land uses,” “transportation land uses,” “extraction and disposal land uses,” and “energy production land uses” as listed in Article III.
The use of land, buildings or structures. The residing of an individual or individuals overnight in a dwelling unit or the installation, storage, or use of equipment, merchandise, or machinery in any nonresidential structure. Change of occupancy is not intended to include change of tenants or proprietors.
A discontinuance of an existing use and the substitution therefor of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
The map adopted pursuant to § 62.23 of the Wisconsin Statutes which shows existing and proposed streets, highways, parkways, parks and playgrounds, school sites, etc.
The degree to which vision is blocked by bufferyard. Opacity is the proportion of a bufferyard’s vertical plane which obstructs views into an adjoining property, i.e., the screening effectiveness of a bufferyard or fence expressed as the percentage of vision that the screen blocks.
Any area not covered by a structure.
A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water mark is commonly that point where natural vegetation changes from predominately aquatic to predominately terrestrial. In areas where the ordinary high-water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, back waters, and sloughs.
An outdoor accessory structure designed to heat water through a wood fire and then transmit that heated water to the principal building for direct use and/or heating the principal building. All outdoor wood burning furnaces are prohibited the City of Jefferson.
A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the underlying or base zoning districts.
The person, persons, or entity having the right of legal title to a lot or parcel of land.
The extension of a false front or wall above the roofline.
Any area of land (lot or contiguous group of lots) in the City under single ownership as shown on the last assessor’s roll of the county or the records of the City, whichever is the most recent.
An area of a parking lot, or drive which has been designated for parking on a site plan and is located on a paved surface per the requirements of § 300-6.06. On single-family and two family lots, parts of the driveway, open spaces (outside of front and side yards) and the spaces within a garage may be used as designated parking spaces.
An open, level-surfaced area which is typically impervious has an elevation of no more than 12 inches, and without walls or a roof, intended for outdoor seating and recreation.
The area between the nearest right-of-way or lot line and any impervious surfaces on the lot. This setback does not apply to driveways, driveway entrances, public sidewalks, or sidewalks perpendicular to the street right-of-way on private property. See Figure 300-1.23d.
Figure 300-1.23d Pavement Setbacks1 | Key to Figure 300-1.23d | |
 | A. | Pavement setback to side lot line. |
B. | Pavement setback to right-of-way (driveway) | |
C. | Pavement setback to right-of-way (sidewalk or driveway) | |
D. | Pavement setback to right-of-way (porch, stoop, patio) | |
NOTE: | ||
1Exempt from the standard 10-foot street right-of-way and 5-foot side and rear yard setback requirements are: | ||
• Driveway entrance at right-of-way (maximum 20 feet wide) | ||
• Perpendicular walkway (maximum 5 feet wide) | ||
Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings.
Permanently protected green space areas that are protected from development such as wetlands, floodplains, drainage ways, steep slopes, lakeshores, certain woodlands, native or restored habitat, and stormwater facilities.
A surface which allows for precipitation from any source to infiltrate directly into the ground. Undisturbed ground is a pervious surface. Some disturbed ground can be pervious if designed as such.
A structure, together with its accessory structures and uses, where persons regularly assemble for religious worship and is maintained and controlled by an organized religious body organized to sustain public worship, which is exempt from federal income tax as regulated by the Internal Revenue Service Code.
A map or drawing which graphically delineates the boundary of land lots/parcels for the purpose of identification and record title.
A typically metal-clad structure most often utilizing wooden poles and trusses for support with unfinished, uninsulated interiors. Such structures are normally used for agricultural purposes, for construction trade storage, or for general storage, and are not intended for human occupancy.
A covered platform at an entrance to a dwelling, which is not heated or cooled or used for livable space, that is attached to the outside of a building. The post of the porch is considered the wall for setback purposes.
The building containing the principal use, including the foundation, basement, and attic. When calculating the area of the principal structure, attached residential accessory structures such as attached garages, attached garden sheds, and attached pool houses are not considered part of the principal structure.
The main use to which a parcel is devoted and the main purpose for which the premises exists.
Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs, such as: streets, roads, alleys, or pedestrian walks or paths; storm sewers; flood control improvements; water supply and distribution facilities; sanitary sewage disposal and treatment; and public utility and energy services.
Equipment used by residents of a principal building on-premise including but not limited to swimming pools, swings, slides, climbers, teeter-totters, play-forts, sandboxes, supports for basketball baskets and backboards, badminton nets and similar equipment, but not including recreational vehicles normally utilized off-premise, including but not limited to boats, trailers, campers, travel trailers and snowmobiles.
A term encompassing any type of vehicle used primarily for recreational pleasure. Examples include but not limited to travel trailers, motor homes, boats, all-terrain vehicles, snowmobiles, etc. Recreational vehicles shall include any mobile structure designed for temporary occupancy, but shall exclude manufactured homes.
A flood determined by the Wisconsin Department of Natural Resources which is representative of large floods known to have occurred generally in Wisconsin and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has an average frequency in the order of the 100-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region.
The individual uses listed under “dwelling unit type” in § 300-3.06.
A publicly-owned or privately-owned way, generally open to the sky and unobstructed by buildings, that runs along the river edge and is open to the public. It may include, without limitation, any combination of open space, paved areas, landscaped areas, pedestrian paths, and pedestrian furnishings.
See “garage or estate sale” in Article III.
A term used to describe the gross floor area, height, or volume of a single structure or group of structures.
The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line, excluding permitted projections per § 300-4.40.
See § 300-9.03.
A horizontal area on the facade of a building located between the transom and the cornice, which is typically opaque and provides a location for signage indicating the name of the establishment.
A horizontal, lower member or bottom of a door or window casing.
A dwelling unit type that consists of a fully detached single-family residence which is located on an individual lot. Single-family dwelling units are designed for one family (see "family" definition above) and have no roof, wall, or floor in common with any other dwelling unit. A single-family dwelling that contains an in-family suite is still considered a single-family dwelling.
See "gross site area."
See § 300-10.43.
An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (Example: 3:1 slope is three feet horizontal and one-foot vertical.)
The date the building permit is issued, provided the actual start of activity was within 365 calendar days of the permit date. The actual start of activity means the first placement of permanent construction on the site. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of public streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations; nor does it include the erection of temporary forms.
Steep slopes are areas which contain a ratio of horizontal magnitude to vertical magnitude of 8:1 (gradient of 12% or greater).
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 next above it.
A right-of-way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated and includes all of the area between the roadway or right-of-way lines.
The space between the sidewalk and the curb, or the equivalent space where sidewalk or curb are not installed.
See alteration.
Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excluding landscape features, fences, public utilities, and other minor site improvements.
A lot of record which lawfully existed prior to this chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this chapter.
A land use which is present on a property for a limited and specified period of time. See § 300-3.30.
A horizontal bar of stone, wood or glass across the opening of a door or window.
A building designed for two separate dwelling units in which one dwelling unit may have a roof, wall, or floor in common with another dwelling unit. For the purposes of this chapter, duplex, twin house, and two-flat dwellings are considered to be two-family residential. A single-family dwelling with an attached accessory dwelling unit is not a two-family dwelling.
The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
The purpose for which land or a building or structure is arranged, designed, or intended, or for which it is, or may be, occupied or maintained.
A relaxation of the terms of this chapter regulating land uses or bulk regulations 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 the chapter would result in unnecessary and undue hardship. Variances are further defined in Wis. Stats. § 62.23(7)(e)7.
See § 300-6.05.
An area that is saturated by surface water or groundwater, with vegetation adapted for life under those soil conditions. See also § 23.32(1), Wis. Stats.
Any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.
Areas of trees whose combined canopies cover a minimum of 80% of an area of one acre or more, as shown on USGS 7.5 minute topographic maps for the City of Jefferson and its environs.
An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
For corner lots, the yard between the front and rear lot lines, extending from the street side lot line to the nearest part of the nearest building or structure.
That yard which must be provided along a zoning district boundary to provide for the required bufferyard on the more intensively zoned side of the lot line.
The map adopted and designated by the City as being the “Official Zoning Map.”