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Kiel City Zoning Code

17.02

Definitions.

"Accessory Use, Building or Structure" means a use, building or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use, building or structure.

"Alley" means public way affording secondary means of access to abutting property.

"Apartment" means a room or suite with cooking facilities available which is occupied as a residence; includes dwelling unit and efficiency unit.

"Basement or Cellar" means a story partly underground with at least 1/2 of its height below the average level of the adjoining ground.

"Boarding or Rooming House" means any dwelling in which unrelated persons are housed or lodged for compensation with or without meals, having not more than ten sleeping rooms and without separate kitchen facilities.

"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or personal property.

"Building Height" means the vertical distance from the average elevation of the adjoining ground level, or the property line grade, whichever is lower, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

"Building, Principal" means the main structure on a lot which houses the primary use of the premises.

"Carport" means an open-sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.

"Dwelling Unit" means a building or portion thereof, designed or used exclusively as the living quarters for one or more persons living, sleeping, cooking and eating on the same premises as a housekeeping unit.

"Essential Services" means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, communications, electrical, steam, fuel or water transmission or distribution systems, collections, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utility or municipal departments for the general public health, safety, convenience or welfare.

"Family Day Care Home" means a home which is a dwelling licensed as a day care center by the Department of Health and Family Services under Wis. Stat. § 48.65, where care is provided for not more than eight children.

"Fence" means a barrier made of wood, metal, stone or other material.

"Floor Area" means the sum of the gross areas of the building floor, exclusive of porches, balconies, garages and basements. Measurements shall be made from the inside of the exterior walls to the center of the interior walls.

"Garage, Private" means a detached accessory building or portion of the principal building, including a carport, which is used primarily for storing of vehicles.

"General Floor Plan" means a graphic representation of the anticipated utilization of the floor area within a building or structure, to include height and width dimensions, but not necessarily as detailed as construction plans.

"Grade Established" means the elevation of the centerline of the streets as officially established by the City.

"Hedge" means a thicket of bushes planted as a boundary.

"Home Occupation" means any gainful occupation or profession engaged in by the occupants of the dwelling, where the following conditions are met:

(a)

It is conducted within the dwelling or attached accessory building or upon a parcel of land containing the dwelling unit.

(b)

Except for gardening, evidence of the occupation shall not be visible from any City street.

(c)

The use does not adversely affect the character of the uses permitted in the district in which it is located by causing excessive traffic, noise or electrical interference.

(d)

No person other than a member of the immediate family which occupies such dwelling unit shall be employed in the home occupation.

(e)

No more than 25% of the area of any dwelling unit plus accessory buildings shall be devoted to the home occupation, except that rooms rented to lodgers shall not be subject to this limitation.

(f)

No outside storage of equipment or materials used in the home occupation shall be permitted.

"Hotel" means a building containing five or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

"Junk Yard" means an area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, scrap iron, other metals, paper, rags, rubber products, plastic products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process on the lot when within an enclosed area or building shall not be included.

"Lot of Record" means a lot which is shown in the records of the County Register of Deeds.

"Lot, Corner" means a lot situated at the junction of, and abutting on, two or more intersecting streets.

"Lot, Depth" means the mean horizontal distance between the front lot line and the rear lot line of a lot.

"Lot Line, Front" means that boundary of the lot which abuts an existing or dedicated public street.

"Lot Line, Rear" means that boundary of a lot which is opposite the front lot line. If the rear lot line is less than 10' in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10' in length within the lot, parallel to and at the maximum distance from 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 Width" means the maximum horizontal distance between the side lot lines of a lot measured parallel to the front lot line and within the building area of the lot.

"Motel" means a place, other than a hotel, in which sleeping accommodations are offered for pay to transients in five or more rooms.

"Motor Freight Terminal" means a building or area in which freight brought by motor truck is transferred or stored from movement in intrastate or interstate shipment by motor truck.

"Motor Fuel Station" means a retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of minor automotive maintenance and repair.

"Motor Fuel Convenience Store" means any store operated in conjunction with a motor fuel station or truck stop for the purpose of offering for sale goods not essential to the motoring public.

"Multi-Family Dwelling." The term "multi-family dwelling" shall mean any building designed or used exclusively as the living quarters for three or more families.

"Nonconforming Structure" means any structure which is existing upon the effective date of this chapter, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter.

"Nonconforming Use" means use of land, buildings or structures existing at the time of adoption of this chapter, which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located; except that a lot existing before April 17, 2001, which meets the size requirements for a lot to be built upon prior to April 17, 2001, may be built upon provided the present building code requirements are followed.

"Parking Space" means the area required for parking one automobile, which in this chapter is held to be an area 10' wide and 18' long, not including drive or passageways.

"Plan Commission." Within this chapter, the term "Plan Commission" shall refer to the Plan Commission of the City of Kiel.

"Plat" means a map or chart of land.

"Professional Office" means the office of a recognized profession, including the offices of doctors, physicians, dentists, optometrists, ministers, architects, professional engineers, lawyers and such other similar professional occupations.

"Property Line Grade." The elevation of the property line in front of a building measured at the center of such building shall be as established by the City. Where no property line grade has been established, the mean elevation of the finished lot grade at the property line shall be considered the "existing" property line grade.

"Residence" means a building designed or used exclusively as permanent living quarters.

"Setback" means the minimum horizontal distance between the front line of the building, including porches, and the street right-of-way line.

"Sign" means any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when the same is displayed or placed out of doors in view of the general public and shall include every detached sign.

"Sign, Advertising (Billboard)" means a sign which directs attention to a business, community service or entertainment. Only such signs as are related to the premises where they are located shall be permitted.

"Sign, Business" means a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered on the premises on which such sign is located.

"Sign, Flashing" means an illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use.

"Sign, Gross Area of." The area of the sign shall be calculated by measuring the total surface area on a square footage basis. If letters or graphics are mounted without a frame, the gross area shall be the area bounded by straight lines 6" beyond the periphery of such letters or graphics. Each surface utilized to display a message or to attract attention shall be measured as a separate sign. However, only one side of a double-faced sign shall be measured in computing the gross area thereof.

"Sign, Illuminated" means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.

"Sign, Nameplate" means any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, address and business or occupants.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it.

"Story, Half" means that portion of a building in the R-1, R-2 or R-3 residential districts, between the eaves and ridge lines of a pitched roof, which may or may not be used for tenant purposes.

"Street" means a public thoroughfare affording access to abutting property.

"Structural Alteration" means any change in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial change in the roof structure or exterior walls.

"Structure" means anything constructed or erected which requires permanent location on the ground or attachment to something having such location.

"Use, Principal" means the main use of land or buildings as distinguished from subordinate or accessory uses.

"Yard" means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

"Yard, Front" means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest point of the principal building.

"Yard, Rear" means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest point of the principal building.

"Yard, Side" means a yard extending from the front yard to the rear yard, extending between the side lot line and the nearest point of the principal building.