(a)

Title. This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, Village of Lomira, Wisconsin."

(b)

Authority. These regulations are adopted under the authority granted by Wis Stats. §§ 61.35 and 62.23(7).

(c)

Effective date. This chapter shall be effective after a public hearing, adoption by the village board of trustees, and publication or posting as provided by law.

(Code 1999, § 18.01)

(a)

Purpose. The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics, and the general welfare of this community.

(b)

Intent. It is the general intent of this chapter to regulate and restrict the use and development of all structures, lands and waters; to regulate and restrict lot coverage, population distribution and density, dredging and lagooning in shoreland areas, and the size and location of all structures, so as to:

(1)

Lesson congestion in, and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic, and other dangers;

(2)

Provide adequate light and air; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values;

(3)

Prevent water pollution; protect spawning grounds, fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the community; and

(4)

Implement the community's comprehensive plan and plan components.

It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Code 1999, § 18.02)

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1999, § 18.03)

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be liberally construed in favor of the village, and shall not be deemed a limitation or repeal of any other power granted by the state statutes.

(Code 1999, § 18.04)

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:

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal structure.

Automobile service station means any building or premises which sells gasoline, oil and related products to the motoring public. This shall include repairs, washing and lubrication, but shall not include body work, painting, dismantling and vehicle sales.

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

Boardinghouse means a building where meals and lodging are offered for compensation for five but not more than 12 persons and where no more than five sleeping rooms are provided for such purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant.

Buildable area means the specified portion of a lot within the building and setback lines.

Building means any structure which is built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.

Building area means the area bounded by the exterior dimensions of the outer walls at the ground line.

Building height means the vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height, level between the eaves and ridges of gable, gambrel, hip and pitch roofs, or to the deck line of mansard roofs.

Building inspector means the officer or other designated authority charged with the administration and enforcement of this chapter or his duly authorized representative.

Building line means the distance between the front lot line and the nearest point of a structure so that the minimum front yard requirements are met.

Campground means a camp exclusive of buildings.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks, to confine and conduct continuously or periodically flowing water.

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

Convenience store means any building or premises which sells fuel, oil, food and related products to the motoring public. This may include a car wash, but shall not include vehicle sales, maintenance services or repairs.

Density means the number of living units per acre allowable under the schedule of district regulations.

District means a section of the village for which the regulations governing the use of building and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

Duplex means a dwelling containing two dwelling units.

Dwelling means a detached building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, or cabins.

Dwelling, multifamily, means a dwelling containing three or more dwelling units.

Dwelling, single-family, means a dwelling containing one dwelling unit. The term "single-family dwelling" includes a manufactured home.

Dwelling, two-family (duplex), means a dwelling containing two dwelling units.

Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only.

Emergency shelter means public or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare, fire, flood, windstorm, riots and invasions.

Essential services means services provided by public and private utilities necessary for the exercise of the principal structure. These services include underground, surface or overhead gas, electricity, steam, communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means and includes floriculture; forest and game management; orchards, raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming and vegetable farming. General farming includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Floor area means area in square feet of all floors in a building including elevators and stairways, measured by perimeters of outside walls multiplied by the number of floors, including basements which are used in the primary function of the building.

Forest means the production and management of trees as a crop.

Floodproofed means a special design, engineering or construction treatment of land or structures to prevent the entrance of water and/or the displacement of material or structures by flow of floodwater and it shall be construed to include the following, without limitation, because of enumeration:

(1)

Raising the ground level of a building or site, by filling or grading, by use of piles, so that the lowest floor of the building shall be at an elevation not less than two feet above the highest recorded water level; water supply systems shall be constructed so as to prevent the entrance of floodwaters; and essential utility systems shall be floodproofed.

(2)

Keeping floodwater away from a building site or reducing the height or the frequency of flooding thereon, by dikes, levees, floodwalls or the like.

(3)

Making structural modifications in a building to prevent the entrance of floodwaters or to reduce the height or frequency of flooding therein, such as the following:

a.

Anchorage of structures to foundations.

b.

Installation of watertight doors, bulkheads and shutters.

c.

Reinforcement of walls to resist water pressures.

d.

Use of paints, membranes or mortars to reduce seepage of water through walls.

e.

Addition of mass or weight to structures to resist flotation.

f.

Installation of pumps to lower water levels in structures.

(4)

Constructing water supply and waste treatment systems to prevent the entrance of floodwaters.

(5)

Providing for prompt removal of structure or contents in time of flooding.

Frontage means the smallest dimension of a lot abutting a public street measured along the street line.

Fur farm means a tract of land or buildings devoted in whole or part to the raising of fur-bearing animals for commercial purposes.

Garage, private, means an accessory building housing motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one of the vehicles may be a commercial vehicle.

Garage, public or commercial, means any garage other than a private garage.

Home occupation means a gainful occupation conducted by a member of the family, within his place of residence, where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation. The area utilized in the home occupation shall not exceed 25 percent of the total living area of the home.

Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boardinghouse or lodginghouse.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment; for public uses.

Junkyard means an open area or fenced-in enclosure, where used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. For the purpose of this chapter, the term "junkyard" includes an auto salvage yard but does not include uses established entirely within enclosed buildings. Two or more inoperative pieces of equipment shall constitute a salvage yard.

Lodginghouse means a building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for definite period, for compensation, for three or more, but not exceeding 12 individuals, not open to transient guests, in contradistinction to hotels open to transients.

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

Lot, corner, means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

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

Lot, double frontage, means a lot having frontage of two nonintersecting streets, as distinguished from a corner lot.

Lot, interior, means a lot situated on a single street which is bounded by adjacent lots along each of its other lines.

Lot, through, means a lot which as a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot width means the width of a parcel of land measured at the street side of the lot, or in an irregularly shaped lot, as next to a cul-de-sac, at the minimum building setback.

Manufactured home means a structure certified and labeled as a manufactured home under 42 USC 5401 to 5426, which, when placed on the site:

(1)

Is set on an enclosed foundation in accordance with Wis Stats. § 70.043(1), and Wis. Admin. Code subchs. III, IV, and V of ch. COMM 21, or is set on a comparable enclosed foundation system approved by the village building inspector. The building inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home;

(2)

Is installed in accordance with the manufacturer's instructions;

(3)

Is properly connected to utilities; and

(4)

Is compatible to surrounding houses.

Mobile home means any vehicle or structure which is or was as originally constructed, designed to be transported by any motor vehicle on a public highway and designed, equipped, used or intended to be used primarily for human habitation; including any additions, attachments, annexes, foundations and appurtenances thereto.

Mobile home park means a parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation.

Mobile home lot means a parcel of land designed for the exclusive use of the occupants of single mobile home.

Motel means a series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

Navigable water means all natural inland lakes and all streams, ponds, sloughs, flowage and other waters within the limits of the village, and including any other waters which are defined as navigable under the laws of the state.

Nonconforming uses or structures means any structure, land or water lawfully used, occupied or erected at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto which does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use, but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

Normal highwater elevation means:

(1)

For lakes and ponds: The average of the highwater elevations for the period of record.

(2)

For flowage: the same as subsection (1) of this definition, or the highest water elevation as determined by a control structure or dam.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or the care of the sick or injured.

Plan, final, means a final drawing or design which will show the land use, construction or practice as set forth by the village plan commission.

Plan, preliminary, means a drawing or design which shows the proposed land use, construction or practice that will affect the present land form of the site and its vegetation.

Private sewage disposal system means a sewage disposal system other than a public sewage disposal system, including septic tank, soil absorption systems, privies, holding tanks, and privately owned common sewerage facilities including package treatment plants, lagoons and irrigation systems.

Public and semi-public buildings means public and semi-public buildings in the sense of this chapter are structures principally of an institutional nature and serving a public need such as: churches, hospitals, rest homes, schools, including private academic schools and nursery schools, libraries, museums, post offices, police and fire stations, public and private utilities and other public services; but not including the operation of a public bar, restaurant or recreational facility as commercial enterprise.

Public sewage disposal system means sewers and sewage treatment facilities used in connecting therewith which are maintained and operated by a municipality or sanitary district.

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.

Recreational area means includes park, playground, ballfield, ski hill, sport field, swimming pool, riding stables or riding academies or other facilities and area constructed for recreational activities and open for uses by the public or private organizations.

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

Sanitary landfill means a waste disposal operation which consists of dumping garbage, rubbish and other debris into a depression or trench, compacting it, and promptly covering it with a layer of earth of suitable thickness.

Setback means the minimum allowable horizontal distance from a given point or line of reference, such as a thoroughfare right-of-way, water line, or prospective line to the nearest vertical wall or other element of a building or structure.

Sign means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, tradenames or trademarks by which anything is made known and which are used to advertise or promote an individual, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Stock farms means the keeping of any livestock or animals for commercial gain or sale.

Street means a public right-of-way not less than 40 feet wide providing primary access to abutting properties.

Street line means the dividing line between a lot and a continuous street.

Structure means any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment including all buildings.

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

Swimming pool means a swimming pool shall be any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent, either above or below the ground, in which water of more than 12 inches in depth is contained and which is used primarily for the purpose of bathing and swimming. Children's small inflatable pools are excluded from this definition.

Travel trailer means a vehicular, portable, structure built on a chassis and designed as temporary dwelling for travel, recreation and vacation.

Unit development, planned, means a type of development that may be permitted in zoning districts in order to achieve greater design flexibility.

Usable open space means space suitable for recreation, gardens or household service activities, such as clothes drying. Such space must be at least 75 percent open to the sky, free of automobile traffic, parking and undue hazards and readily accessible by all those for whom it is intended.

Use, accessory, means a subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to be located elsewhere.

Use, principal, means the primary use of a property or structures.

Utilities means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electric power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage areas.

Watercourse means any depression serving to give direction to a current of water at least six months of the year, having a bed and well-defined banks; provided, however, that it shall, upon the order of the department of natural resources, also include any particular depression which would not otherwise be within the definition of the term "watercourse."

Water line means the shortest straight line at the waterfront end of a lake or stream lot that lies wholly within the lot, provided that not less than 75 percent of the length of such water line shall be on, or on the landward side of, the highwater mark of such lake or stream.

Water setback means the distance which a building shall be required to be set back, place, located or erected from the water line.

Waterway includes navigable water, rivers, streams, ditches, lagoons, canals and channels.

Work in respect to waterways means work which shall include the following activities:

(1)

To construct, dredge, commence or do any work with respect to any artificial waterway, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other body of navigable water, or where any part of such artificial waterway is located within 500 feet of the normal high-water mark of an existing navigable lake or flowage, or 300 feet of navigable streams, rivers, channels, or canals.

(2)

To connect any natural or artificially constructed waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway with an existing body of navigable water.

(3)

To change or alter the course of a river or stream.

(4)

To remove materials from the bed of navigable waters.

(5)

To deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established, or beyond a lawfully established bulkhead line.

Yard means an open space on a lot which is unoccupied and obstructed from its lowest level to the sky. A yard extended along a line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

Yard, front, means a yard extending along the full width of the front lot line between side lot lines.

Yard, front (street), means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lot shall have two such yards.

Yard, rear, means the portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line and extending for the full width of the lot.

Yard, side, means a yard extending along a side lot between the front and rear yards.

(Code 1999, § 18.07)