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Lake Delton Village
City Zoning Code

66.15

Rules of Construction

a.

For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number.

b.

The following definitions and conditions apply in all districts unless specifically modified:

Accessory building. Any building except the principal building on a lot, which shall include storage sheds, garages and any and all other buildings, which have a relationship to the purpose of the property.

Amusement park. A business place consisting of amusement devices such as go-karts, bumperboats, slides, arcades and such amusement devices as are usually found therein but not limited to the above, but requiring the issuance of an amusement park license.

Barrier. A barrier is a fence, wall or dense foliage or similar structure of at least four (4) feet in height conforming to the requirements of Chapter 57.

Bed and breakfast. Any place of lodging that is the owner's personal residence and is occupied by the owner at the time of rentals and that provides eight (8) or fewer rooms for rent to no more than a total of twenty (20) tourists or transients; provides no meals other than breakfast and provides the breakfast only to renters of the place.

Boarding House, Guest House, Lodging House, Rooming House. A house or building, other than a hotel, where rooms or lodgings are generally rented and where regular meals are generally furnished or served to three (3) or more persons at a stipulated amount for definite periods of one (1) month or less, provided that so called duplex flats or apartment houses actually divided into residential units shall not be considered a boarding/guest/lodging/rooming house.

Boat house. As defined in s. 30.121(1), Wis. Stats., means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

Building. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

Building area. Total coverage in square feet of all buildings and structures, including garages, carports, and other attached or accessory structures. The maximum horizontal projected area within the perimeter of the outside surface of walls or supports of the building or structure. Exterior cantilever open balconies are not included.

Building height. Height of a building is measured from the lowest entry level to the highest point of the structure.

Camp space. A parcel of land in developed campgrounds or camping resort for the placement of a single recreational vehicle and for the exclusive use of its occupants.

Community living arrangement. Any of the following facilities licensed, operated or permitted by the State Department of Health and Social Services and as defined in s. 46.03(22) and s. 50.01(1) Wis. Stats. 1989.

Conditional use. A use of land, which, while appropriate for inclusion within a given district, possesses a high likelihood of creating problems with regard to nearby parcels of land or the occupants thereof, and which, is therefore permitted only subject to the fulfillment of conditions that effectively ensure that relatively few problems will be created.

Condominium/Hotel. A hotel, motel or resort in which ownership of the property is subdivided into individual rooms or suites for separate ownership, as permitted under Chapter 703 Wis. Stats.

Density. The number of living units per acre allowable under a schedule of district regulations.

Deck. An exterior structure attached or adjacent to the exterior wall of any building having a floor but no walls or roof.

Development. Any man-made 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 substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

Dockominium. A dockside community of privately owned boats moored in slips that are purchased for year-round living or a slip in such a community.

Drainage system. One (1) or more artificial ditches, tile drains or similar devices, which collect surface runoff or groundwater, and conveys it to a point of discharge.

Duplex. Any dwelling containing two (2) dwelling units.

Dwelling. A structure, or portion thereof, which is used or is intended to be used exclusively for human habitation but not including a tent or travel trailer.

Dwelling, Multiple-Family. A building containing three (3) or more dwelling units designed for or occupied by three (3) or more families.

Dwelling, Single-Family. A building containing one (1) dwelling unit designed for or occupied exclusively by one (1) family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, Two-Family. A building on a single lot containing two (2) separate dwelling units, designed for occupancy by not more than two (2) families. A two-family dwelling may also be known as a "duplex."

Dwelling Unit. One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one (1) person or one (1) family.

Environmental Control Facility. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Family. Two (2) or more individuals who are related to each other by blood, marriage, adoption or legal guardianship. For purposes of this code, a group of not more than four (4) persons not necessarily related by blood or marriage, living together in a single living unit will be considered a single family.

Farming. The operation of a farm premises owned or rented by the operator.

Farm premises. The farm premises is defined to be the area, which is planted and cultivated. The farm premises do not include greenhouses, structures or other areas unless used principally for the production of food or farm products.

Farm products. Farm products are defined as agricultural, horticultural and arboricultural crops.

Filling station. By filling station is meant one (1) or more pumps, tanks, and other pieces of equipment used in the storage and dispensing of liquid fuels and arranged for the sale of such liquid fuels to the public.

Fixed houseboat. As defined in s. 30.121(1), Wis. Stats., means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Flood plain. The land, which has been or may be hereafter covered by flood water during the regional flood. The flood plain includes the floodway and the floodfringe.

Floodway. The floodway is a channel of a river or stream and those portions of the flood plain adjoining the channel required to carry and discharge the flood water or flood flows associated with the regional flood.

Floor area. The occupied or usable floor area in a building but not including space occupied by columns, walls, partitions, mechanical shafts or ducts.

Frontage. The dimension of a lot abutting a public street measured along the street line. In the Waterfront Commercial District frontage is measured along the shoreline.

Home Business. A business conducted by the owner residing on the premises.

Home Occupation. An occupation conducted by members of a family only, within their place of residence; provided that no article is offered for sale on the premises except such as is produced by such occupation, that no stock in trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes. (Includes: babysitting, millinery, dressmaking, canning, laundry, crafts; does not include: barbering, beauty shops and hairdressing, dancing schools, photographic studios.)

Hotel. Means all places wherein sleeping accommodations are offered to pay to transients, subject to regulation under subchapter VII of Chapter 254 Wis. Stats "Hotel", "motel", "resort" and "inn" are synonymous.

Land use permit. Any permit required under this or any other Chapter regulating the use of land. Including but not limited to, building permit, sign permit, subdivision development permit, planned unit development permit, and driveway permit.

Lodging house. Any house or other building where rooms or lodgings are generally rented to three (3) or more persons received or lodged for hire, or any part of a house or other building that is let for sleep at stipulated rentals for definite periods of one (1) month or less, except that duplex flats or apartment houses actually divided into residential units shall not be considered lodging houses.

Lodging unit. A portion of a dwelling that is let at stipulated rentals for definite periods of one (1) month or less, used primarily for sleeping and living purposes, excluding cooking facilities.

Lot. A parcel of land having frontage on a street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the area and other open space provisions of this chapter.

Lot, corner. A lot at the junction of, and abutting upon two (2) or more streets.

Lot line. A legally established line dividing one (1) lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land.

Lot width. Means one-half (1/2) of the sum of the front and rear lot lines. For lots created after the effective date of this chapter lot width is the distance between the side yard lines as measured at the front yard setback line.

Manufactured home. The definition of manufactured home in s. 101.91 Wis. Stats. and as amended is adopted.

Mobile home. The definition of mobile home in s. 66.0435 Wis. Stats. is adopted.

Mobile Home Lot or Space. A plot of ground within a mobile home park, designed for the accommodation of one (1) mobile home unit.

Mobile home park. Any plot or plots of ground upon which three (3) or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation, except that it does not include travel trailer parks. As used in this chapter, mobile home park is limited to plots on which are located two (2) or more non-dependent mobile homes. Any mobile home park must be in compliance with s. 66.0435 and 101.935 Wis. Stats. and Chapter Comm. 95, of the Wisconsin Administrative Code and other applicable building codes.

Motor vehicle. Any vehicle that is self-propelled, except snowmobile and all-terrain vehicles, which shall only be considered motor vehicles for purposes, made specifically applicable by statute.

Multi-family residential developments. The development of an area of land as a single entity for a number of dwelling units or a number of uses according to a plan conforming with the specifications of subchapter J of this chapter. Also referred to in this chapter as Multi-family units, consisting of apartment buildings, condominiums, cooperatives, planned unit developments and residential construction of any type consisting of three (3) or more residential type units.

Navigable waters. All lakes, streams, ponds, sloughs, flowages and other waters within the territorial limits of this Village which are navigable under the laws of this state.

Nonconforming structure. A building, sign or premises lawfully used, occupied, or erected at the time of the enactment of this chapter or amendments thereto, but which use or occupancy does not conform to the provisions of this chapter or any amendments thereto. The building or premise may be continued to be used for any trade or industry for which the building or premise is used when the Chapter takes effect. If a use that does not conform to this chapter is discontinued for a period of twelve (12) months, any future use of the land, building or premise shall conform to the Chapter.

Nonconforming use. The use or occupancy of a building or premises, which is lawful at the time of the enactment of this chapter or amendments thereto, but which use or occupancy does not conform to the provisions of this chapter or any amendments thereto.

Ordinary high-water mark. The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Owner. Any person having a legal or equitable interest in the property.

Parking lot. A parking lot is a one-level, paved, open-to-the-air area used for parking vehicles.

Parking space. A paved, clearly marked space for parking of a motor vehicle measuring at least nine (9) feet in width and eighteen (18) feet in length.

Parking structure. A parking structure is a multi-level parking area, wherein one (1) or more levels are supported above the lowest level, and is commonly called a parking garage or parking ramp.

Patio. An unenclosed paved area adjacent to a dwelling that is adapted for outdoor cooking and dining.

Paved. A surface consisting of bituminous asphalt, concrete pavement, paving brick, or any other man-made impervious surface.

Permitted use. A use, which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district in which such use is located.

Porch. An unenclosed exterior structure at or near grade attached or adjacent to the exterior wall or any building, and having a roof and floor.

Principal building. The building of primary importance on a parcel of land, including any appurtenant structure such as porches, decks, stoops, or steps in contrast with those which are accessory or of secondary importance.

Recreational vehicle parking area. A parcel of land in which two (2) or more spaces are occupied or intended for occupancy by recreational vehicles for transient dwelling purposes.

Residential. The term residential means occupancy of a dwelling for periods of thirty (30) days or greater. Occupancies of dwellings for periods of less than thirty (30) days are deemed commercial uses.

Resort. A building or buildings having rooms for persons and having provisions for at least one (1) type of recreational activity, excluding lawn games, children's playgrounds and swimming pools.

Rooming house. A dwelling consisting of three (3) or more rooming units leased separately, none of which include cooking facilities, but which may include a common kitchen to be shared by three (3) or more occupants. A hotel, motor hotel or motel licensed by the State of Wisconsin shall not be deemed a rooming house for purposes of this chapter.

Sanitary station. A facility used for removing and disposing of wastes from recreational vehicle holding tanks.

Service building. A structure housing toilet, washing, bathing and other such facilities.

Setback. The minimum distance between the property line and the nearest part of the principal building measured perpendicular to the property line. No structure, including but not limited to any buildings, decks, garages, gazeboes, tents, screen houses, above ground or in-ground swimming pools, nor any other man-made structure above grade level may be in the setback area.

Shorelands. Lands within the following distances from the ordinary high-water mark of navigable water; one thousand (1,000) feet from a lake, pond or flowage; and three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland-Wetland District. The zoning district comprised of shorelands that are designated as wetlands on the wetlands inventory maps, which have been adopted and made a part of this chapter.

Story. The space in a building between the surfaces of any floor and the floor next above or below, or roof next above, or any space not defined as basement, ground floor or attic.

Street. All property dedicated or intended for public or private street purposes and over twenty-one (21) feet in width.

Structural alteration. Any change in the support members of a structure, such as foundations, bearing walls, columns, beams or girders, or any substantial change in the roof structure or in the exterior or interior walls.

Structure. "Structure" is anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground.

Temporary Structure. A removable structure, not designed for human occupancy, but for the protection of goods or chattels.

Tent. Means a portable lodge of canvas or strong cloth or other flexible material, stretched and sustained by poles.

Ticket booth. Any structure used primarily for the purpose of selling tickets and which may or may not be located on the same parcel as the facility to which the tickets provide admission.

Tourist rooming house. "Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels, motels and resorts, in which sleeping accommodations are offered for pay to tourists or transients for periods of less than thirty (30) days. Excluded from this definition are the following properties:

1.

Operating under state license issued to a hotel, motel or resort.

2.

Private boarding or rooming houses not accommodating tourists or transients

3.

Bed and breakfast establishments licensed by the state.

Travel Trailer. All vehicles and portable structures built on a chassis whether designed to be towed upon the highway or self-propelled, designed as a temporary or permanent dwelling for travel, recreational or vacation use and not included in the definition of non-dependent mobile home in s. 66.0435 (1) (f), Wis. Stats. For purposes of this chapter, a dependent mobile home, as defined in s. 66.0435 (1) (f), Wis. Stats., camping trailer, pick-up coach, motor home and similar recreational vehicles are considered to be travel trailers unless otherwise indicated.

Unnecessary Hardship. That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Variance. A departure from the terms of the zoning ordinance where it is shown that unique physical circumstances applying to a land parcel causes a hardship to the owner, and that condition permitted by the departure will be in fundamental harmony with surrounding uses, and which hardships are not caused by the acts of the owner.

Wetlands. Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wetland Alteration. Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Yard, Front. An open, unoccupied space unobstructed to the sky, extending across the full width of a lot, or plot of land between the street line and the front building wall. No structure, including but not limited to any buildings, decks, garages, gazebo, tents, screen houses, above ground or in-ground swimming pools, nor any other man-made structure above grade level shall be located in the front yard. Unenclosed terraces, slabs or stoops without roofs or walls may project into this open space.

Yard, Front Waterfront commercial. In the Waterfront Commercial District, the front yard shall be the open, unoccupied space unobstructed to the sky, extending across the full width of a lot, or plot of land between the between the ordinary high water mark and the principal building wall. No permanent above ground structure including but not limited to any buildings, garages, gazeboes, screen houses, above ground swimming pools, nor any other man-made structure above grade level not specifically permitted hereunder shall be located in the front yard. The following may be located in the front yard: unenclosed terraces or decks, provided that there are no railings; slabs or stoops sidewalks patios without roofs or walls; in ground pools, may project into this open space.

Yard, Rear. An open, unoccupied space unobstructed to the sky, extending across the full width of a lot, or plot of land between the rear lot line and the rear building wall. Unenclosed terraces, slabs or stoops without roofs or walls may project into this open space.

Yard, Side. An open, unoccupied space unobstructed to the sky, extending the full length of the lot, or plot of land between the side lot lines and the side building wall. Unenclosed terraces, slabs or stoops without roofs or walls may project into this open space.

(Ordinance No. 16-014 Passed: 12/7/2016 Published: 12/31/2016; Ordinance No. 20-006 Passed: 12/7/2020 Published: 12/17/2020)