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:

General. Words used in the present tense include the future; words used in the singular number include the plural and words in the plural number include the singular; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory.

Adult arcade means any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas."

Adult bookstore, adult novelty store, oradult video store means a commercial establishment which has a significant or substantial portion of its stock-in-trade, derives a significant or substantial portion of its revenues, devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas."

(2)

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

Adult cabaret means an establishment or business which regularly or on a frequently recurring basis, features live entertainment that is distinguished or characterized by an emphasis on the exhibiting of "specified anatomical areas" or "specified sexual activities" for observation by patrons therein, or which holds itself out or identifies itself to the public by its name, signs and/or advertising as an establishment where such live entertainment occurs regularly or on a frequently recurring basis, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification, or be references to "adult entertainment," strippers," "exotic dancers," "gentleman's club," or similar terms.

Adult day care providers means persons or facilities who for compensation provide care and supervision for four or more adults for less than 24 hours per day whose domicile or residence is not located at such facility.

Adult motel means a hotel, motel, or similar commercial establishment, which offers accommodations to the public for any form of consideration; provides patrons with close-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions, and either:

(1)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(2)

Allows a tenant or occupant of a sleeping room to sublease the room for a period of time that is less than ten hours.

Adult-oriented business means any business that exploits interest in sex in a graphic manner. The term "adult-oriented business" shall specifically mean adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or adult or semi-nude modeling studios.

Adult theater means a commercial establishment where, for any form of consideration, live performances, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depletion or description of "specified sexual activities" or "specified anatomical areas."

Alley means a public thoroughfare which affords only a secondary means of access to abutting property.

Bed and breakfast establishment means any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Basement means any enclosed area of a building having its floor sub-grade (i.e., below ground level, on all sides).

Bicycle-sharing facility means a facility and all attachments and operational aspects thereto that are part of a bicycle-sharing program. This definition includes, but is not limited to, a rental station, informational signs, bicycles, solar panels, or other equipment attached to and necessary for the facility's operation. A bicycle sharing facility is not considered a primary use on a parcel and is not calculated into the maximum square footage permitted for accessory structures.

Board of Zoning Appeals means the body established under Wis. Stat. § 62.23 for cities or villages and designated "Board of Zoning Appeals."

Boardinghouse means a building other than a hotel, where meals or lodging and meals are served for compensation for more than six persons.

Building, height of, means:

(1)

The vertical distance from the mean elevation of the finished grade along the building line at the front of the building to the highest point of a flat roof, or the deck line of a mansard roof, or to the highest point of a gable, hip, and gambrel roofs. The overall maximum vertical distance of detached residential accessory buildings shall not exceed 15 feet from the lowest floor elevation to the highest point of the structure.

(2)

The overall maximum vertical distance of any detached residential accessory building shall not exceed the overall maximum vertical distance of the primary structure, measured from the ground grade directly adjacent to each structure to the highest point of each structure.

Bulkhead line means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Wis. Stat. § 30.11 and which allows complete filling on the landward side except where such filling is prohibited by the floodway provisions of this chapter.

Carriage house means any garage or accessory structure that is over 17 feet in height and whose primary structure is residential and meets one of the requirements listed in section 115-390.

Certificate of compliance means a certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Church means a building, together with its accessory buildings and uses, where persons, regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician, chiropractor or dentist or by a group of physicians, chiropractors or dentists practicing medicine, practicing chiropractic care or practicing dentistry.

Community center means a building designed to serve as the social center of town, district, etc.

Community living arrangements (CLAs), consistent with definitions in the Wisconsin Statutes, means and includes community living arrangements for adults (Wis. Stat. § 46.03(22)); community living arrangements for children (Wis. Stat. § 48.743(1)); a foster home (Wis. Stat. § 48.02(6)); a treatment foster home (Wis. Stat. § 48.02(6)); an adult family home (Wis. Stat. § 50.01(1)); a community-based residential facility (Wis. Stat. § 50.01(1g)); group homes; facilities providing residential or placement options for the populations served by Federal, State, or local correctional entities; detoxification-only shelters and shelters for the temporary placement of persons suffering from the effects of the over-consumption of drugs and/or alcohol; as well as similar facilities to those defined and described herein. Statutory constraints on these definitions and City powers are incorporated into this chapter.

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district.

Court, inner, means open unoccupied space on the same lot with the main building which does not extend to either a street or alley or to a front yard, rear yard, or side yard of the lot.

Court, outer, means open unoccupied space, other than a yard, on the same lot with the main building and which extends to a street or alley or to a front yard, rear yard, or side yard of the lot.

Court, outer, length of, means the length of an outer court is the horizontal distance between the end opening on a street, alley, or yard and the end opposite such street, alley, or yard.

Department of Natural Resources (DNR) means the Wisconsin Department of Natural Resources.

Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of the percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Dryland access means a vehicular access route which is above the regional flood elevation to ensure ingress and egress of safety vehicles and which connects land located in the floodplain to land outside the floodplain.

Dwelling, multiple, means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartments, apartment hotels, and group houses.

Dwelling, one-family, means a detached building designed for or occupied exclusively by one family.

Dwelling, two-family, means a building designed for or occupied exclusively by two families living independently of each other.

Dwelling unit means one or more rooms in a residential structure which are arranged, designed, used or intended for use by one family.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person.

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

Existing mobile home park or mobile home subdivision means a parcel of land divided into two or more manufactured home lots for rent or sale on which the construction of facilities for servicing the lots is completed before March 13, 2008. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

Family.

(1)

The term "family" means:

a.

In the Single Family (R-1) Residence District, Washburn Residential District (WR), any number of individuals related by blood, marriage, adoption or legal guardianship living together as a single housekeeping unit and using common cooking facilities, plus not more than two persons (total of three unrelated persons) not so related by blood, marriage, adoption or legal guardianship, or not to exceed ten persons living together as a single housekeeping unit and using common cooking facilities in a foster home wherein the foster parents have been licensed by the State.

b.

In the Residence (R-2) District, any number of individuals related by blood, marriage, adoption or legal guardianship living together as a single housekeeping unit and using common cooking facilities, plus not more than three persons (total of four unrelated persons) not related by blood, marriage, adoption or legal guardianship, or not to exceed ten persons living together as a single housekeeping unit using common cooking facilities in a foster home wherein the foster parents have been licensed by the State, except that for two family dwellings which have zero lot lines with a common wall perpendicular to the street the number of individuals not related by blood, marriage, adoption or legal guardianship shall not exceed two persons.

c.

In the Low Density Multiple Dwelling (R-3), Multiple Dwelling (R-4) and Special Multiple Dwelling (R-5) Districts, any number of individuals related by blood, marriage, adoption or legal guardianship or not to exceed five persons not so related, living together as a single housekeeping unit and using common cooking facilities, or not to exceed ten persons living together as a single housekeeping unit using common cooking facilities in a foster home wherein the foster parents have been licensed by the State.

(2)

Notwithstanding subsections (1)a and (1)b of this definition, any rental dwelling unit in existence on September 1, 1989, may continue to maintain housing for not to exceed five unrelated persons provided such rental dwelling unit is in compliance with all other applicable codes and regulations, and if the owner of such dwelling unit files an affidavit of such use with the Inspection Department by July 1, 1990, on forms which may be recorded with the register of deeds provided by the City Inspection Department upon payment of a fee of $10.00 per tax parcel. The right to maintain up to and including five unrelated persons per rental dwelling unit in the single family and residence district shall continue until such time as total structural repairs or alterations to any such dwelling unit during its life exceeds 50 percent of the assessed value of such dwelling unit or until such time as such dwelling unit is destroyed by fire or casualty or for a period of 15 years from August 26, 1989, whichever shall occur first. The right to maintain up to and including five unrelated persons per rental dwelling unit provided by this paragraph shall terminate immediately should said tax parcel be found to have more than five unrelated persons living in any rental dwelling unit with the knowledge of the landlord or the landlord's agent.

(3)

Nothwithstanding the above provisions, adult family homes and community living arrangements shall be permitted uses allowed as provided in Wis. Stat. § 62.23(7)(i).

Family day care home means a dwelling also licensed as a day care center by the State Department of Children and Family Services where, for compensation or consideration, a resident of the dwelling provides group care for at least four but not more than eight children between the ages of infancy and seven years of age, at a location other than the child's own home or the home of relatives or guardians.

Floor area (for determining requirements for off-street parking) means the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within the selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices, or to space for public assembly. However, floor area for the purposes of measurement for off-street parking spaces shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to lobbies, hallways, toilets, or stairways; floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor areas other than areas devoted to retailing activities, to the production or processing of goods, to business or professional offices, or to space for public assembly.

Garage, private, means a garage used for storage purposes only and having a capacity of not more than three automobiles or not more than one automobile per family housed in the building to which such garage is accessory whichever is greater, and in which space may be used for not more than two commercial vehicles, and in which space may be rented for not more than three vehicles of others than occupants of the building to which such garage is accessory.

Garage, public, means a garage other than a private garage.

Health club means a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure activities or other customary and usual recreational activities for the purpose of physical fitness.

Height of a yard or court means the vertical distance from the lowest level of such yard or court to the mean height of the bounding walls on the same lot.

Historic building means any structure that is either:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered Historic District or a district preliminarily determined by the Secretary to qualify as a registered Historic District;

(3)

Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.

Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises, provided that no special space is designed or arranged for such occupation, and provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Hospital means an institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

Hotel means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 15 sleeping rooms, usually occupied singly, and no provision made for cooking in any individual apartment.

Kennel, boarding means any kennel or establishment where pet animals owned by another person are temporarily boarded for pay, trade, barter, commission, or remuneration of any sort. This definition does not apply to zoos.

Kennel, breeding means any kennel or establishment where pet animals are owned, kept, or harbored for the purpose of breeding for sale purposes. This definition does not apply to zoos.

Land use means any development, as defined in this section.

Lot means a parcel of land occupied or to be occupied by one main building or use, with its accessories and including the open spaces accessory to it. No area shall be counted as accessory to more than one main building or use, and no area necessary for compliance with the open space requirements for one main building or use shall be included or counted in the calculation of the open space accessory to any other main building or use.

Lot, corner, means a lot or portion of a lot not more than 70 feet wide at the junction of, and abutting upon two or more streets. Any portion of such lot more than 70 feet distant from that street with the greater frontage shall comply with the provisions of this chapter applicable to interior lots.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines.

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

Lot, reversed corner, means a corner lot which does not front on the same street with the interior lots on the same side, as distinguished from the same end of the block.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets.

Lot lines means the lines bounding a lot as defined herein.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without permanent foundation when connected to the required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."

Manufactured home park or subdivision means a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Mobile home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle."

Nonconforming use or structure means an existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter for the area of the floodplain which it occupies (such as a residence in the floodway). An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter for the area of the floodplain which it occupies. For example, an existing residential structure in the floodfringe district is a conforming use; however, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.

Nude or semi-nude modeling studio means any establishment or business where a nude or semi-nude person is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Adult modeling studios shall not include a proprietary school licensed by the State of Wisconsin or a college, technical college, or university, or in a structure:

(1)

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;

(2)

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

(3)

Where no more than one nude or semi-nude model is on the premises at any one time.

Nudity means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state.

Nursing and care home means an institution providing meals and resident care and services for persons who are generally admitted for periods of time exceeding 30 days. Such service includes custodial or attendant care, but may or may not provide for routine and regular medical and nursing services. Nursing and care homes include homes for the aged and convalescent and rest homes.

Philanthropic or eleemosynary institution means an organized body or society for promoting a charitable, benevolent, or educational objective, and the building or buildings for carrying on the work of such an organization. This shall include community center (public), welfare or health center.

Private carport. An attached private carport is a three-sided structure attached to a dwelling or attached to a detached private garage, with each of its three sides at least 50 percent open and completely covered by a roof, and used only for the storage of privately owned, licensed operable motorized vehicles owned and operated by current resident(s) of the property upon which the "private carport" is located. A private carport must meet or exceed all building and zoning requirements in this Code and must be constructed of materials similar to the building to which it is attached. In addition, no carports are to be approved which have corrugated roofing materials attached to steel posts, but must be made of similar materials which are as close as possible to materials that make up the main structure on the property and that are currently commercially available.

Reach, hydraulic, means a hydraulic reach along a river or stream is that portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks in the slope of the water surface profile, and may be caused by bridges, dams, expansion and contraction of the water flow, and changes in the stream bed slope or vegetation.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Semi-nudity means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below the point immediately above the top of the areola; human male genitals in a discernibly turgid state, even if opaquely covered.

Specified sexual activities means simulated or actual showing of human genitals in a state of sexual stimulation or arousal; acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; fondling or erotic touching of human genitals, pubic region, buttocks or female breast.

Specified criminal activity, sexually-oriented, means any sexually-oriented criminal offense, including prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to an adult-oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries.

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, then the space between such floor and the ceiling next above it.

Story, half, means a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Structure means any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places.

Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows, and other nonstructural components.

Utilities means any public or private water supply or waste collection and/or disposal system, including, but not limited to, septic systems, private and public wells and their attendant facilities, and public sewage collection systems.

Veterinary clinic or animal hospital means office and medical treatment facilities where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. This use includes large and small animal veterinary clinics, and animal hospitals. Veterinary clinics and animal hospitals may have indoor kennel facilities for the temporary over-night keeping of animals needing medical care.

Vision clearance means a triangular space at the street corner of a corner lot, or at the intersection of a public alley with a street, or within 15 feet of the point of intersection of a driveway in a front yard setback with a road right-of-way, or within 15 feet of the point of intersection of a driveway and an alley right-of-way unoccupied except as otherwise specifically authorized. Such space shall be determined by measuring from the point of intersection of the street lot lines along each street lot line, or street lot line and alley line, as the case may be, the distance required for the district in which the lot is located, forming a triangle by striking an imaginary line between said points of measurement.

Yard, front, means an open unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the front line of the lot and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the front line of the lot. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

Yard or court, width of, means its least horizontal dimension at its lowest level.

Yard, rear, means an open space on the same lot with the main building, unoccupied except as hereinafter permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side line of the lot. The depth of the rear yard shall be measured between the rear line of the lot, and rear line of the building.

Yard, side, means an open unoccupied space on the same lot with the main building, situated between the side of a building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If there be no front yard the front boundary of the side yard shall be the front line of the lot, and if there be no rear yard the rear boundary of the side yard shall be the rear line of the lot. The street side yard on a corner lot shall extend from the rear of the front yard to the rear line of the lot in every case.

(Code 1980, § 15.01; Ord. No. 4972, § I, 2-9-2017; Ord. No. 4993, § I, 5-11-2017; Ord. No. 5091, § I, 5-9-2019; Ord. No. 5175, § I, 4-8-2021; Ord. No. 5270, § I, 12-18-2023)

Cross reference— Definitions and rules of construction, § 1-2.

(a)

Penalties. Except as otherwise provided in this chapter, violations of this chapter, including those provisions of the Wisconsin Statutes, Wisconsin Administrative Code, and other materials which are incorporated by reference, are a Class C offense as provided in section 1-7.

(b)

Enforcement. The enforcement of this chapter shall not be exclusively under the jurisdiction of the Fire Department - Division of Fire Prevention and Building Safety. Any person otherwise qualified commence an action before the Municipal Judge shall be qualified to institute an action for the enforcement of this chapter.

(c)

Penalty for leasing to more than five unrelated persons. Any person violating section 115-396 shall, upon conviction thereof, forfeit not less than $100.00 nor more than $1,000.00 and the costs of prosecution, and in default of payment of such forfeiture and the cost of prosecution shall be imprisoned in the County Jail, unless otherwise authorized by law, until payment of such forfeiture and the cost of prosecution, but not exceeding 90 days for each violation, but not exceeding 90 days for each violation.

(d)

Penalty for parking motor vehicles on the front yard. Any owner/operator of any vehicle violating section 115-395 shall, upon conviction thereof, forfeit not less than $10.00 for the first violation and not less than $20.00 for the second violation along with the costs of prosecution, and in default of payment of such forfeiture and the costs of prosecution may be imprisoned in the County jail, unless otherwise authorized by law, until payment of such forfeiture and the costs of prosecution, but not exceeding 90 days for each violation.

(e)

Citations. The following persons are hereby authorized to enforce the provisions of this chapter and may issue citations as provided for in Wis. Stat. § 800.02(2) for violations of this chapter:

(1)

The Chief of Police.

(2)

The Director of Planning.

(3)

Such other City officers or City employees who are assigned enforcement responsibilities for this chapter.

(Code 1980, § 15.50; Ord. No. 4911, § I(attch.), 1-14-2016)

Cross reference— General penalty for ordinance violations, § 1-7.

State Law reference— Zoning enforcement, Wis. Stat. § 62.23(7)(f), (8).

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Code 1980, § 15.33)

State Law reference— Purpose of zoning ordinances, Wis. Stat. § 62.23(7)(c); conflicts with zoning ordinances, Wis. Stat. § 62.23(7)(g).

Except as hereinafter provided, the following provisions shall apply to this chapter:

(1)

Use. No building shall be erected, reconstructed, or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located without full compliance with the terms of this chapter.

(2)

Height. No building shall be erected, reconstructed, or structurally altered to exceed the height limit herein established for the district in which such building is located.

(3)

Area. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall density of population be increased by any manner except in conformity with the area regulations herein established. Replacement split-system air conditioning condensing units not to exceed 60,000 British Thermal Units (BTU's) or five tons of cooling capacity may be placed in the side yard and rear yard setback areas of the main building on lands zoned for residential use. No yard or open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; and no yard or open space on any adjoining premises shall be considered as providing a yard or open space on a lot whereon a building is to be erected. In no case shall there be more than one building on one lot excepting as hereinafter provided.

(Code 1980, § 15.04(A)—(C))