These regulations are adopted under the authority granted by Wis. Stats. §§ 61.35, 61.351, 62.23(7), 87.30 and 144.16, and amendments thereto deemed necessary in order to promote public health, safety and welfare.

The purpose of this chapter is to protect and promote the public health, safety, prosperity, aesthetics and general welfare of the Village of Lannon.

The intent of this chapter is as follows:

(1)

To implement the policies and proposals of the Village of Lannon Land Use Plan prepared and adopted by the plan commission in accordance with Wis. Stats. §§ 62.23 and 61.35;

(2)

To divide the Village of Lannon into districts regulating the location, construction, reconstruction, alteration and use of buildings, structures and land for various uses, thereby providing a framework within which the community can develop in an orderly manner;

(3)

To facilitate the creation of convenient, attractive and harmonious community;

(4)

To preserve and protect the natural environment and open space;

(5)

To provide for adequate light, air, access and safety from fire, flood and other dangers;

(6)

To reduce or prevent congestion in the streets;

(7)

To ensure the provision of adequate and efficient police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, recreational facilities and other public facilities and services;

(8)

To preserve the community's history, heritage and rural character;

(9)

To prevent the overcrowding of land, and undue concentration of population;

(10)

To insure that development occurs at a pace consistent with the village's financial capability to provide municipal services;

(11)

To encourage balanced economic development;

(12)

To establish administrative procedures whereby the village may objectively and equitably phase development based upon its fiscal and environmental impacts upon the surrounding area and the village as a whole.

The regulations contained in this ordinance shall apply to all property situated either wholly or partly within the boundaries of the Village of Lannon, Wisconsin, and its extraterritorial limits in accordance with Wis. Stats. § 62.23(7a) and Wis. Stats. ch. 236.

The village does not guarantee, warrant, represent that only those areas designated as floodplain on the zoning district map will be subject to periodic inundation and hereby asserts that there is no liability on the part of the Village of Lannon, village board or any of its officers, officials and employees for any flood damages that may occur as a result of reliance upon and conformance with this chapter.

If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. If an application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

It is not intended by this chapter to repeal, abrogate, annul or interfere with any existing easement, covenant or agreement between parties or with any rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height, location or size of buildings and upon the open space requirements, the provisions of this chapter shall govern.

This chapter shall be effective after a public hearing, adoption by the village board, and publication as provided by law.

For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include in the future; the singular number includes the plural; and the plural number includes the singular. The word "structure" includes buildings, while the words "occupied", "used" and "inhabit" include the design or intention to be occupied, used or inhabited; "shall" is always mandatory, not merely permissive. "Board" refers to the village board under the jurisdiction of this chapter. Reference to the "plan commission" includes the village plan commission established pursuant to Wis. Stats. § 62.23. Any reference to an officer such as "clerk", "building inspector", "engineer" or "attorney" means that officer appointed or otherwise officially designated by the village board in such capacity, unless otherwise specifically designated.

A Zones means areas of potential flooding shown on the village's flood insurance rate map or flood hazard boundary map that would be inundated by the regional flood as defined herein. These zones may be numbered as AO, A1 to A99, or be unnumbered A Zones. The A Zones may not be reflective of flood profiles depending upon availability of data for a given area.

Administrative officer means a staff member such as the building inspector, village clerk, engineer, attorney, any member of the Village of Lannon Police Department under the direction of the chief of police or planner.

Agency means the village board.

Alley means a street less than 21 feet wide and affording only secondary access to abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling type structure, which suite or room is arranged, intended or designated to be occupied as a residence of a single-family, individual or group of individuals.

Application means an application for a permit under this chapter.

Arcade means any premises containing three or more amusement devices usually of an electronic nature for the primary use and entertainment of the public.

Assisted living means a multi-tenant building with self-contained living units that provide occupants with assistance for daily living activities and instrumental activities of daily living. Assisted living residences cannot accept residents who require 24-hour, skilled nursing care services.

Basement means that portion of any structure located wholly or partly below the average adjoining lot grade.

Bed and breakfast inn means a house or portion thereof where short-term lodging rooms and meals are provided.

Boardinghouse means a building or premises where meals or meals and lodging are offered for compensation for five or more persons, but not more than 12 persons and having no more than five sleeping rooms for this purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant. An establishment with more than five sleeping rooms shall be deemed a hotel or motel.

Building means any structure used, designed or intended for the protection, shelter, enclosure or protection of persons, animals or property.

Building, accessory means a building or portion or a building used for a purpose customarily incident to the permitted principal use of the lot or to a principal building.

Building height means the vertical distance from the average established street grade in front of the lot or the average finished grade at the front building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations in the district in which it is located. Any building intended to be used for human habitation shall constitute a principal building.

Channel means the floodlands normally occupied by a stream of water under the average annual high water flow conditions while confined within general well-established banks.

Clinic means a place used for the care and diagnostic treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.

Commission means the village plan commission.

Communication systems means cable television, disks, dishes and devices.

Community living arrangement means any of the following facilities licensed or operated, or permitted under the authority of the Wisconsin Department of Health and Social Services: Child welfare agencies under § 48.60, group homes for children under § 48.02(7) and community-based residential facilities under § 50.01; but does not include the day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. (See further definition in Wis. Stats. § 46.03(22).)

Contractor's yard means exterior premises on which building materials (cement blocks, lumber, etc.), landscaping materials (sand, gravel, stone, railroad ties, etc.) and/or construction type equipment, (bulldozers, steam shovels, trucks, etc.), are stored.

Day care center means a facility where care and supervision is provided for four or more children under the age of seven for less than 24 hours a day as licensed as a day care center by the Wisconsin Department of Health and Social Services under Wis. Stats. § 48.65.

Note: Family day care home, which is a specific type of day care center, is a dwelling licensed as a day care center by the Wisconsin Department of Health and Social Services under § 48.65 where care is provided for not more than eight children. Furthermore, no municipality may prevent a family day care home from being located in a zoned district in which single-family residence is a permitted use.

Deck means a structure characterized by a flat open horizontal surface or platform suspended above the grade of the land it covers and which may be supported by posts, beams, cantilevers or by other methods.

Development means any manmade change to improved or unimproved real estate including, but not limited to, construction of additions or substantial improvements to the building other than structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or deposition of material.

District, basic means a section of the village for which the regulations governing the height, area and the use of the building and premises are the same.

District, overlay means district which provides for the possibility for superimposing certain additional requirements upon the basic zoning district without disturbing the requirements of the basic district.

Domestic livestock means domestic livestock or poultry shall be considered any cow, horse, llama, buffalo, mule or donkey and duck, chicken, swan, goose and pigeon or any livestock or poultry as determined by the village plan commission.

Drive-in restaurant means an establishment where a customer is permitted or encouraged either by the design of physical facility or by the service to carry on his business in an off-street parking area accessory to the business.

Dry land access means a vehicle access route which is above the regional flood elevation which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation wide enough to accommodate wheeled vehicles.

Dwelling, multiple-family means a structure arranged or designed to be occupied by three or more families living independently of each other.

Dwelling, single-family means a residential structure designed to house a single-family on a lot and surrounded on all sides by a private yard.

Dwelling, two-family/duplex means a structure arranged or designed to provide dwelling units for occupancy by two families.

Dwelling unit means a housekeeping unit designed and used for occupancy by a single individual or family group and normally containing a separate room for eating, cooking, sleeping, recreation, relaxation, storage and personal hygiene.

Easement means a right given by an owner of land to another party for a specific limited use of that land or a portion thereof. An easement may be in the form of a surface, subsurface or overhead easement.

Elderly or senior housing means age-restricted multi-tenant building with self-contained living units for older adults who are 55 years of age or older, who are able to care for themselves. Usually no additional services such as meals or transportation are provided. This can also be called "Housing for the Elderly".

Encroachment means any fill, structure, building, use or development in the floodway.

Environmental control facility means 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 or thermo pollution, radiation or other pollution, 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 means the body of persons related by blood, marriage or adoption or four or less unrelated persons who live together in one dwelling unit as a single housekeeping entity.

Farm means a tract of land at least ten acres in size devoted principally to the raising or crops, livestock and/or farm products.

Fence means a tangible barrier or obstruction of any material or a line of obstacles above the surface of the ground with the purpose or intent of having the effect of preventing passage and/or view across the fence line. It includes hedges and walls. Snow fences shall not be considered acceptable as a permanent fence.

Flood means a temporary rise in stream flow or stage in lake level that results in water overtopping the banks and inundating areas adjacent to the stream channel or lake bed.

Flood hazard boundary map means a map prepared for the village by the federal emergency management agency (FEMA) designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered zones and do not contain floodway lines or regional elevations. Such map forms the basis for both the regulatory and insurance aspects of the emergency phase of the national flood insurance program.

Flood insurance rate map means a map prepared for the village by the federal emergency management agency (FEMA) upon completion of a detailed flood insurance study. This map shows that the actuary rate zones applicable to the different areas of the village forms the basis for both the regulatory and insurance aspects of the regular phase of the national flood insurance program.

Flood insurance study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations; or examination, evaluation and determination of mud slides and/or flood related erosion hazards. Such studies shall result in the publication of a flood insurance rate map showing the intensity of flood hazards in either numbered or unnumbered zones.

Flood profiles means a graph showing the relationship of the floodwater surface elevations of a flood event of a specified recurrence interval to the streambed and other significant natural and manmade features along a stream.

Flood protection elevations means two feet above the water surface elevation of the 100-year recurrence interval flood. This safety factor (freeboard) is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. Such unknown factors may include ice jams, debris accumulation, wave action and obstruction of bridge openings.

Flood, regional means a flood determined to be a representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years. This means that in any given year there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30 year mortgage period, the regional flood has a 26 percent chance of occurrence.

Flood stage means the elevation of the floodwater surface above an official established datum plan that is mean sea level 1929 adjustment.

Floodlands means for the purpose of this chapter, the floodlands are all lands contained in the regional flood or 100 year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into floodway overlay district, floodplain conservancy overly district and floodplain fringe overlay district.

Floodplain fringe means those floodlands outside the floodway subject to inundation of the 100-year recurrence interval flood. For the purpose of this chapter, the floodplain fringe includes a floodplain conservancy overlay district and floodplain fringe overlay district.

Floodproofing means measures designed to prevent and reduce flood damage for those uses which cannot be removed from or which out of necessity shall be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials for operation and management safeguards, such as the reinforcement of basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent water-type bulkheads, shutters and doors; treatment of exposed timber; elevation of flood vulnerable utilities; use of waterproof cement; adequate fuse protection; sealing of basement floor; installation of seal tight windows and doors; installation of wire reinforced glass; location and elevation of valuable items; waterproofing, disconnecting, elevation or removal of all electrical equipment; avoidance of the use of flood vulnerable materials; temporary removal of or floodproofing or merchandise; operation of emergency pump equipment; closing of backwater sewer valves; placement of plugs and floor drain pipes; erection of sandbag levies; and the shoring of weak walls or structures. Floodproofing of structures shall be extended at least two feet above the elevation of the regional flood. Any structure that is located entirely or partially below the flood protection elevation shall be anchored to and protected from larger flood.

Floodway means a designated portion of the 100-recurrence flood that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream increases, limited in Wisconsin to .01 feet. Unless specific legal measures are provided, the floodway which includes a channel is that portion of the floodplain not suited for human inhabitation.

Flood area means the maximum horizontal projected area within the perimeter of the outside surface of walls or supports of the building or structure.

Floor area ratio (F.A.R.) used to indicate total floor area of all buildings allowed on a given lot, expressed as a percentage ratio to the total area of the lot; i.e., an F.A.R. of 100 percent allows a floor area equal to the total area of the lot, an F.A.R. of 50 percent allows a floor area of ½ the total area of the lot. A floor area ratio of 50 percent could be applied to a one-story building occupying 50 percent of the lot or a two-story building occupying 25 percent of the lot.

Frontage means length of any one property line of a premises, which abuts a legally accessible street right-of-way.

Garage, private means a structure where private vehicles are kept for storage purposes only and wherein such use is accessory to the residential use of the property on which it is stored. Enclosed or roofed car ports shall be considered garages within this definition.

Garage, public or commercial means any building or premises, other than a private or a storage garage, where motor driven vehicles are equipped, repaired, serviced, hired, sold or stored for monetary gain as a business.

Garage, storage means any building or premises used for the storage only of motor driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold for monetary gain as a business.

Gasoline service station means a place where gasoline, diesel fuel, kerosene or lubricating oil or grease for operating motor vehicles is offered for sale to the public, either as a self service or full service operation and deliveries are made directly into motor vehicles and including facilities for greasing, oiling, washing and minor repairs of vehicles on the premises, but not including major automatic car washing or body repair facilities.

Grade, established the elevation of the finished street at the centerline or curb as fixed by the engineer or by such authority as shall be designated by law to determine such an elevation.

Highway means a right-of-way designated by the village road and street specifications for the principal purpose of providing vehicular thoroughfare and not necessarily affording direct access to abutting property.

Home occupation means an occupation, professional activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and is in accordance with the restrictions of this chapter. A home occupation shall be limited to professional office, tutoring, making of arts and crafts or similar uses. Home occupations shall not include conducting of any retail, wholesale activity.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for patient bed care.

Hospital, animal means an establishment providing for medical care and treatment of animals or pets, but distinguished from a kennel in that no outdoor runs shall be permitted for the boarding of animals which are not being cared for.

Hotel means a building in which lodging, with or without meals, is offered for compensation and usually provides for more than five sleeping rooms for this purpose.

Human habitation means the use of a building or structure for overnight living or longer periods of time and including the aggregate of normal occupancy activities, such as lounging, cooking, eating, sleeping, bathing, sanitation, etc.

Junkyard means any premises on which there is an accumulation of scrap metal, paper, rags, glass, lumber or other materials stored or customarily stored for salvage or sale.

Kennel, commercial means an establishment, structure or premises where dogs or other household pets are raise, sold, bred, boarded, trained or groomed for commercial purposes. The raising and selling of three or more litters of animals per year shall constitute a commercial kennel.

Kennel, hobby means a noncommercial establishment, structure or premises accessory to the principal use of the property where four or more animals of six months minimum age are kept for such private purposes as pets, field trials, shows or hobby. The occasional raising of not more than two litters of animals per year on the premises and the sale or disposal of the animals within six months of the birth shall also be considered a hobby kennel.

Letter of map amendment (LOMA) means official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.

Living area means the occupied or usable floor area in a building designed and built with necessary ceiling, flooring, electrical, heating and plumbing facilities to accommodate normal human habitation.

Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials in which it abuts upon a street, alley or other appropriate means of access.

Lodging house means a building where lodging only is provided for compensation, having not more than five sleeping rooms for this purpose and where no meals are provided.

Lot means a parcel of land with described boundaries and abutting or having access via an approved easement to a public street or other approved way.

Lot area means area of a lot as defined herein and bounded by lot lines exclusive of land provided by public rights-of-way, public streams or other public bodies of water.

Lot depth means the mean horizontal distance measured between the street line and the opposing rear line or lines of the lot.

Lot lines means the lines following the exterior boundaries of a lot as defined herein.

Lot line, side means a lot line extending from a street line towards the interior of the lot and separating adjoining lots.

Lot, parking means a tract of land where motor vehicles are parked or stored for the purpose of temporary daily or overnight off-street parking.

Lot width, minimum average means the horizontal distance between side lot lines measured at the required front setback line.

Mobile home/manufactured housing means a constructed unit which is or was, as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters or is intended to be used, and includes any additions, attachments, annexes, foundations and appurtenances. See Wis. Stats. § 66.0435(1)(d).

Motel means a building or series of buildings in which lodging is offered for compensation for a period of one month or less, has more than five sleeping rooms or units and is distinguished from a hotel primarily by reason of providing direct, independent access and adjoining parking for each rental unit.

Multi-family planned community development is a multi-family residential development consisting of a multi-tenant building or buildings on a single parcel or contiguous parcels of land. The tenants often share common grounds and amenities, such as parking areas and community clubhouses, which may be used as leasing offices for the community.

Municipality means the Village of Lannon, Waukesha County, Wisconsin.

Navigable water means those intermittent and perennial rivers, streams, ponds, lakes and flowages shown on the USGS Topographic Quadrangle 7.5 minute series for the village as periodically updated and any waters considered navigable, in fact, if it meets the test outlined in case law cited herein. Wisconsin case law, specifically, Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGayner & Co. v. D.N.R., 70 Wis. 2d 936 (1975) held that a stream is navigable, in fact, if it is capable of floating any boat, skiff or canoe of the shallowest draft used for recreational purposes and that a stream need not be navigable in its normal or natural condition to be navigable in fact. Determinations of navigability are ultimately field determinations and map delineations are merely the best representation of navigable conditions at any particular time.

Nonconforming structure means a structure which does not conform to the building location, height or building size regulations of the district in which it is located.

Nonconforming lot means a lot which does not conform to the lot size regulations of the district in which it is located.

Nonconforming use of land means a use of any land in a way which use does not conform to the use, residential density or open space regulations of the district in which it is located.

Nonconforming use of structure means a use carried on within any building which does not conform to the use or residential density regulations of the district in which it is located.

Off-street parking space means the area on a lot designed to accommodate a parked motor vehicle as an accessory service to the use of the lot and with adequate access thereto from the public street. For purposes of satisfying parking requirements of this chapter, off-street parking space shall be as defined in the parking restrictions of this chapter.

Open space means any space occupied with a structure may not be counted as open space.

Ordinary high watermark means a point on the bank or shore of a body of water up to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognizable characteristics.

Owner means the holder of record of an estate in possession in fee simple or for life in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life, but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.

Outdoor display means the displaying of goods, merchandise or products outdoors that are readily available for sale at retail or wholesale on the same lot which is otherwise operated entirely within a permanent fully enclosed building.

Outdoor recreational facilities means land and structures, along with accessory equipment, designed and utilized for leisure time activities of a predominantly "outdoor" nature and of more specified purpose than passive park-like open areas and further classified as follows:

(a)

Public. Facilities owned and operated by a governmental agency for limited or general public use.

(b)

Private commercial. Facilities owned and operated by an individual or group for profit as business, whether or not open to general public use.

(c)

Private noncommercial group. Facilities owned and operated by a group for the exclusive use of the members of such group and their guests and not for profit as a business.

Outdoor storage means the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Patio means a flat, open horizontal surface or platform located on the grade of the land and not considered to be a structure as defined and regulated herein and not considered to be utilizing open space or floor area ratio.

Permit means a special use permit issued under this chapter.

Planned unit development (P.U.D.) means a method of developing a property through design of all components as a planned unit which satisfies the use, access, sanitation, building and environmental regulations without the use of the standardized zoning restrictions.

Planting screen means an area landscaped with natural growing plant material which effectively screens off from view objects it is intending to hide from view.

Primary floor area means the floor area of a building for purposes of determining required parking ratios, which area shall include only that portion of the total floor area devoted to customer service, sales and office space and shall not include storage, utility, hallways and other accessory space which does not generate parking demand.

Private club or lodge means a structure or grounds used for regular or periodic meetings or gatherings of a group of persons organized to render a service customarily carried on as a business.

Professional office means the office of a doctor, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, artist, musician or other similar recognized profession.

Public and semi-public buildings means public and semi-public buildings and uses in the sense of this chapter are structures principally of an institutional nature and servicing a public need, such as hospitals, rest homes, schools, including private academic and nursery schools, day care centers, libraries, museums, public and private utilities and other services, but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

Quarrying means the removal of rock, slate, gravel, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other such process and the processing of stone for commercial purposes and personal gain, and/or the processing of stone.

Recreational vehicle means motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers and camping trailers, all of which must be towed by a car, and truck campers, motor homes and camper vehicles, all of which have a motor within the body of the vehicle.

Refuse disposal site means a tract of land operated, subject to restrictions of use and under supervision, by a public or private agent where more than one family may take all types or refuse, including organic and inorganic wastes (but excluding human excretions and sewage and/or other liquid waste), for compacting and burial by modern sanitary landfill methods and in accordance with the Wisconsin Administrative Code. Hard or clean fill operations involving material such as foundry sand, dirt, gravel, concrete, or other forms of clean fill material shall not be required to conform to the provisions of the quarrying conditional use section of this chapter.

Remodeling means any structural alterations, additions, modifications, rebuilding or lateral enlargements of any existing structures, principal or accessory. Remodeling shall also refer to the conversion of living spaces or other floor areas into space for living purposes, such as converting a part of the living area into a bedroom or converting a part of the living area into a bedroom or bathroom regardless of whether such changes require structural alterations to the basic structures. Ordinary maintenance repairs, such as painting, decorating, paneling, replacement of doors, windows and other nonstructural components where structural alteration is not required, shall not be considered remodeling.

Restaurant means any building, room or place where meals are prepared, served or sold to transients or the general public, and all places used in connection with it and includes any public or private school lunchroom for which food service is provided by contract. "Meal" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant" does not include taverns that serve free lunches, consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter; churches, religion, fraternal, youth or patriotic organizations which occasionally prepare, serve or sell meals to transients or the general public, any public or private school lunchroom for which food service is directly provided by the school or private individuals selling foods from a movable or temporary stand at a public farm sale; bed and breakfast establishments that serve meals only to its lodgers or serving food or beverages through a licensed vending machine.

Restaurant, fast food means an establishment who principal business is the sale of prepared or rapidly prepared food directly to the consumer in a ready-to-consume state for consumption either within the restaurant building or off premises.

Right-of-way means a strip of land acquired by reservation, dedication or condemnation, and intended to be occupied by a street, cross-walk, railroad, electric transmission lines, oil or gas pipelines, water line, sanitary or storm sewer or other similar uses.

Road means a public or private right-of-way usually affording primary access to abutting property.

Roadside stand means an accessory building used or intended to be used solely by the owner or tenant of property or farm on which such building is located for the sale of agricultural products raised on the property.

Rooming house means the same as lodging house.

Sand and gravel pits. See quarrying.

Setback means the shortest horizontal distance between the right-of-way line and the nearest foundation, wall or enclosed portion of a building.

Setback line a line parallel to the right-or-way line and extending the full width of the lot.

Shorelands those areas lying within the following distances from the ordinary high watermark of navigable waters: 1,000 from the lake, pond or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. Shoreland shall not include those lands adjacent to farm drainage ditches where such lands are not adjacent to a navigable stream or river; those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and such lands are maintained in nonstructural agricultural uses.

Side on corner means on a corner lot the side facing the street that is not considered the front setback.

Side yard means the distance between side lot lines other than a street lot line and foundation, wall or enclosed portion of a building.

Sign means any structure of part thereof, any device attached to a structure or any other form of visual communication applied by paint, illumination, embossing or other technique to a structure for the purpose of directing, advertising, informing, warning or otherwise conveying visual information to the viewer.

Sign, directional means a sign intended solely for the purpose of directing patrons or customers to an establishment off the main traveled road and not including promotional advertising unnecessary to such directional purpose.

Sign, non-accessory means a sign relating to a commercial or similar activity other than that activity actually engaged in on the site on which such sign is located.

Site plan means a site plan shall include building site and location, existing and proposed grades, parking area and surfacing, lighting, signage and location of signs, vegetative cover, landscaping plan and surface water drainage, construction site erosion control practices, sanitary facilities and septic system and any other items the plan commission feels are necessary for their review. It may also be deemed appropriate that anticipated completion dates are supplied in the site plan.

Solar energy conversion system means active or passage solar collection and heating systems that include such systems defined by Wis. Stats. § 101.57(8)(d).

Special use means a land use that must be developed per a set of requirements specifically applying to that use. Special uses shall be approved by the plan commission per the procedures set forth in the special use permits section.

Stable, commercial means a tract of land on which horses or other livestock are kept for hire, training, board or sale.

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having ½ or more of its height above grade shall be deemed a story for purposes of height regulation.

Street means a village right-of-way accepted by the village board as a village street and for which the village maintains and bears responsibility for.

Street frontage means the lineal measurement of a lot on an abutting street contiguous and parallel to the street measured at the base right-of-way line.

Street line means a dividing line between a lot, tract, or parcel of land and a contiguous street.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground and being more than six inches above grade.

Structure, legal nonconforming means a building, structure or portion thereof lawfully existing at the time of passage of this chapter, but which does not conform in one or more respects to the regulations of this chapter.

Structure, permanent means a structure placed on or in the ground or attached to another structure in a fixed and determined position and intended to remain in place for a period of more than nine months.

Structure, temporary means a movable structure not designed for human habitation or occupancy, but for temporary protection of goods or materials during a period of construction.

Structural alteration means any change in the supporting members of a building or any substantial changes in the roof structure or in the exterior walls.

Studio is a small rental dwelling unit with a living and bedroom spaces being combined into one room. Sometimes, a bathroom and a kitchen area or kitchenette may be combined into one room. It is also called as "efficiency suite" or "studio apartment".

Substantial improvement means any repair, reconstruction or improvement of the structure, the cost 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 any project for improvement of the structure to comply with the existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure or side documented as deserving preservation by the state historical society or listed on the national register of historical places. Ordinary maintenance repairs include interior and exterior painting; decorating, paneling and the replacement of doors, windows and other nonstructural components.

Swimming pool means a structure designed to hold water more than 18 inches deep, ten feet in diameter and more than 200 cu. ft. of water for the purpose of swimming.

Trailer park or mobile home/manufactured housing park means any tract or parcel of land upon which two or more trailers, camp cabins, house car or other mobile home/manufactured housings are located or trailer camp sites are provided for the purpose of either temporary or permanent habitation.

Tourist home. See boardinghouse.

Unnecessary hardship means that circumstance where special condition, which where not self-created, affect a particular property and where, in the absence of a variance, no feasible use can be made of the land.

Use, accessory means a use subordinate to and customarily incidental to the permitted principal use of the property or buildings and located upon the same lot as the principal use.

Use, legal nonconforming means the use of a building or land lawfully carried on at the time of passage of this chapter or amendments thereto but which does not conform to the use regulations established by this chapter.

Use, permitted means the utilization of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which the land is located.

Use, principal means the main or primary use of property or structure as permitted on such lot by the regulations of the district in which it is located.

Variance means an authorization granted by the board of appeals to construct or alter a building, land or structure in a manner that deviates from the dimensional or numerical standards of this chapter. The issuance of a variance shall not have the effect of allowing a use of property otherwise not allowed on other property having a similar condition or situation. Such variance may not allow for a use which is not allowed in the zoning district in which the property is located or allow floodland construction that is not protected to the flood protection elevation.

Vision setback area means an unoccupied triangular space, at the street corner of a corner lot.

Wetlands. Per DNR definitions.

Wind energy conversion system means windmills which are used to produce electrical power.

Zero lot line duplex means this dwelling unit type consists of a single-family residence that is attached on one side to another single-family residence. A zero lot line duplex is distinguished from a duplex merely by having each unit located on half of an individual lot which may be in separate ownership. These dwelling unit types shall not be split into additional residences. All units must be located within a development that conforms to the requirements of the permitted special uses section.

(Ord. of 12-9-02, § 1; Ord. No. 14-3 , § 1, 2-27-14; Ord. No. 19-5 , § 1, 4-25-19)

The Village of Lannon Police Department under the direction of the chief of police is hereby designated as an enforcement agency for the provisions of the zoning code. The Village of Lannon Police Department under the direction of the chief of police shall have the following duties and powers with respect to the zoning code:

(a)

Obtain and implement inspection warrants to enter upon any public or private premises at a reasonable time and to make an inspection thereof; and

(b)

In the name of the Village of Lannon and with authorization of the village board commence any legal proceedings necessary to enforce the provisions of the zoning code including the collection of forfeitures provided for herein.

(Ord. of 12-9-02, § 1)