For the purposes of this chapter, certain words and terms are defined as follows:
ACCESSORY USEA use of land or a portion of a building customarily incidental to the actual principal use of the land or building and located on the same parcel or property with such principal use.
ALLEYA street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.
ATTACHED GARAGEA building or portion of a building that can be used for motor vehicle storage that is attached to the principal building by sharing a common wall which usually has an interconnecting door. For the purpose of calculating yard setbacks and site coverage requirements, an attached garage is deemed to be part of the principal building.
BASEMENTOne or more floors of a building that are completely or partly below the ground floor. A story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
BED-AND-BREAKFAST ESTABLISHMENT, COMMERCIALAny place of lodging that:
A. Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients;
B. Provides no meals other than breakfast and provides the breakfast only to renters of the place;
C. Is the owner's personal residence;
D. Is occupied by the owner at the time of rental;
E. Was originally built and occupied as a single-family residence or, prior to use as a place of lodging, was converted to use and occupied as a place of lodging; and
F. Has had completed as of April 27, 1990, any structural additions to the dimensions of the original structure, including renovation, except that a structural addition, including renovation to the structure may, after April 27, 1990, be made within the dimensions of the original structure.
BED-AND-BREAKFAST ESTABLISHMENT, RESIDENTIALAny place of lodging that:
A. Provides four or fewer rooms for rent to no more than a total of 10 tourists or transients;
B. Provides no meals other than breakfast and provides the breakfast only to renters of the place;
C. Is the owner's personal residence;
D. Is occupied by the owner at the time of rental;
E. Was originally built and occupied as a single-family residence or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence; and
F. Has had completed as of April 27, 1990, any structural additions to the dimensions of the original structure, including renovation, except that a structural addition, including renovation to the structure may, after April 27, 1990, be made within the dimensions of the original structure.
BOARD OF APPEALSRefers to the Zoning Board of Appeals as provided in this chapter.
BOARDINGHOUSEA building other than a hotel where meals, or lodging and meals, are furnished for compensation for three or more persons not members of a family.
BUILDABLE AREASThe buildable area of a lot is the space remaining after the minimum open space requirements of this chapter have been complied with.
BUILDINGAny structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When any portion thereof is completely separated from every other portion by masonry or a fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
BUILDING LINEA line established, in general, parallel to the front street line, between which and the front street line no part of a building shall project, except as otherwise provided by the chapter.
BUILDING SUPPLY, RETAILAn establishment where lumber, building materials such as brick, tile, cement, insulation, roofing material, heating and plumbing supplies, electrical supplies, hardware, tools, small equipment such as lawn mowers and tillers, paint, wallpaper, glass, windows, doors, appliances, etc., is sold at retail.
BUILDING, HEIGHT OFThe vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is situated.
CARPORTA permanent structure, open on at least one side, used to provide sheltered parking for not more than three motor-driven vehicles.
CLINICSMedical and dental clinics operating for the primary purpose of providing outpatient treatment for human ills by one or more physicians or dentists and including related facilities such as laboratories and other service facilities.
COMMERCIAL ACCESSORY STRUCTUREA structure, which is:
A. Detached from and clearly incidental and subordinate to the principal use of a structure on a lot;
B. Located on the same lot as the principal structure or use; and
C. Clearly and customarily related to the principal structure or use.
COMMUNITY LIVING ARRANGEMENTSAny of the following facilities licensed or operated or permitted under the authority of the State of Wisconsin Department of Health Services: child welfare agencies under § 48.60, Wis. Stats., group homes for children under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but it does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails.
CONDOMINIUMA form of individual ownership of portions of real estate and common rights and shared use to remaining real estate in a single development.
CONTIGUOUSSharing an edge or boundary, touching; neighboring, adjacent.
COURTAn open unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
DENSITYThe number of dwelling units developed on an acre of land. As used in this chapter, all densities are stated in dwelling units per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, playgrounds, school yards, or other public lands and open spaces.
DETACHED BUILDINGA building whose walls and roof are independent of any other building with open spaces on all sides.
DWELLING UNITA room or rooms connected together, constituting a separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent bathing and cooking and sleeping facilities.
DWELLING, MULTIPLE-FAMILYA residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.
DWELLING, ONE-FAMILYA detached building designed for or occupied exclusively by one family. A one-family dwelling shall have a minimum area of 600 square feet per story.
DWELLING, TWO-FAMILYA detached or semidetached building designed for and occupied exclusively by two families. A two-family dwelling shall have a minimum area of 600 square feet per family.
ESSENTIAL SERVICESServices provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and 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.
EXISTING NONCONFORMANTA land use or structure that was legal when it was established but is not in compliance with the current zoning regulations.
FACTORY-BUILT HOMEA dwelling unit fabricated in an off-site manufacturing facility and transported in one or more sections for installation or assembly at its final placement site.
FAMILYConsists of one or more persons each related to the other by blood, marriage, adoption, or foster children, who are living together in a single dwelling and maintaining a common household.
FAMILY DAY-CARE HOMEA dwelling licensed as a day-care center by the Department of Health Services under § 48.65, Wis. Stats., where care is provided for not more than eight children.
FILL MATTERMaterials not having organics, voids or any man-made materials. Acceptable fill matter consists of sand, gravel, clean crushed pit run.
FLOOR AREAFor the purpose of determining the floor area per family, "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, as measured from the exterior faces of the exterior walls or from the center line of walls. Floor area excludes accessory buildings, basements, unfinished attics, except as provided in the City of Marinette housing and building codes.
FLOOR AREA (BUSINESS, COMMERCIAL AND INDUSTRIAL BUILDINGS)For the purpose of determining off-street parking and off-street loading requirements: The sum of the gross horizontal areas of several floors of the building or portion thereof devoted to a use requiring off-street parking or loading. This area shall include accessory storage areas located within 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. However, floor area, for the purposes of determining off-street parking spaces shall not include floor area devoted primarily to storage purposes, except as otherwise noted herein.
FLOOR AREA - GROSSThe sum of the gross horizontal areas of all floors measured in square feet, not including the basement floor, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building includes elevator shafts and stairwells on each floor, floor space used for mechanical equipment (except equipment - open or closed - located on a roof or in a basement), penthouses, attic space having headroom of seven feet 10 inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.
FOUNDATIONA properly engineered, permanently attached means of support meeting the manufacturers' installation requirements and all applicable building codes.
FRONTAGEAll the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
GARAGE, PRIVATEAn accessory building or space for the private use of the owner or occupant of a principal building to which the garage is an accessory use and for the storage only of not more than three motor-driven vehicles.
GARAGE, PUBLICAny building or premises other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGEAny 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. No commercial motor vehicle exceeding two tons' capacity shall be stored in any storage garage.
GREEN SPACEAn area of grass, trees, or other vegetation set apart for recreational or aesthetic purposes in an otherwise urban environment.
GYMA building or part of a building with facilities for exercise and other forms of physical training.
HOME OCCUPATIONAny occupation carried on by a member of the immediate family residing on the premises, which meets all of the following conditions:
A. That the occupation is conducted within a dwelling and not in an accessory building;
B. That the occupation is clearly incidental and secondary to the principal use of the dwelling for dwelling purposes;
C. That only members of the immediate family residing on the premises may be employed;
D. That no stock-in-trade is kept or commodities sold, other than those made on the premises;
E. That samples may be kept but not sold on the premises;
F. That no mechanical equipment is used except such as may be used for purely domestic or household purposes;
G. That such occupation shall not require internal or external alterations or involve construction features not customary in a dwelling;
H. That not more than 25% of the floor area of one story of the dwelling is devoted to such home occupation;
I. That there is no evidence, other than the signs referred to in Subsection
J below, that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; and
J. That the occupation is in compliance with Article
XXVII, Signs.
HOSPITALAn institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, including inpatient care, and licensed by state law to provide facilities and services in surgery and obstetrics and general medical practice as well as of mental and nervous disorders.
HOTELA building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
JUNK (OR SALVAGE) YARDAn area where waste or scrap 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. A "junk" or "salvage" yard includes an auto wrecking yard.
KENNELS, INDOORA building in which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted within the building itself.
KENNELS, OUTDOORA lot on which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted on the property itself.
LABORATORYA place devoted to experimental study, such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.
LAUNDERETTEA business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house.
LODGING HOUSEA building that is the primary residence of the owner, where lodging is provided for compensation for not more than three persons not members of the family. "Lodging house" excludes establishments that offer short-term accommodations for transients such as hotels, motels, and emergency shelters.
LOTA parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter, and abutting on a public street or officially approved place.
LOT AREA, GROSSThe area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river and/or public right-of-way.
LOT COVERAGEThe part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT LINE, FRONTThat boundary of a lot which is along an existing or dedicated public street or, where no public street exists, along a public way.
LOT LINE, REARThat boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
LOT LINESThe lines bounding a lot, as defined herein.
LOT WIDTHThe horizontal distance between the side lot lines of a lot, measured at the rear line of the required front yard.
LOT, CORNERA lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135°.
LOT, DEPTH OFThe mean horizontal distance between the front and rear lot lines measured within the lot boundaries.
LOT, INTERIORA lot other than a corner lot or reversed corner lot.
LOT, RECORD OFA lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Marinette County, or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this chapter, and certified survey maps approved and recorded in the Register of Deeds Office of Marinette County.
LOT, REVERSED CORNERA corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, SUBSTANDARDA lot smaller than the minimum required acreage that has been recorded with the Register of Deeds prior to the adoption of this chapter.
LOT, THROUGHA lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.
LUMBERYARDAn area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products or firewood.
MANUFACTURED HOMEA factory-built home which shall comply, and bear a label or seal showing compliance, with 42 U.S.C. § 5401, as amended, commonly referred to as the "HUD code."
MINI WAREHOUSEA building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.
MOBILE HOMEAny factory-built home other than a manufactured home or modular home. The placement of mobile homes shall be governed by Article
XXVIII of this chapter.
MODULAR HOMEA factory-built home certified as meeting state and local building codes applicable to site-built homes.
MOTELAn establishment not a boardinghouse, no building of which exceeds more than two floors above ground, which provides lodging units to transients for compensation and at least one automobile parking space for each such unit.
NONCONFORMING STRUCTURESA building or premises lawfully used, occupied or placed on January 4, 1955, or at the time any amendment to this chapter is adopted, which use, occupancy or placement does not conform to the regulations of this chapter or any amendments thereto.
NONCONFORMING USEAny use of land or building which does not conform at the time of the adoption of this chapter or at the time any amendment to these zoning regulations is adopted to the regulations for the zoning district in which it is situated.
OUTLOTA distinct parcel of land upon which only the following structures may be placed or constructed upon approval of the Plan Commission:
A. Commercial radio, television and communications towers with associated equipment buildings.
B. Utility services, i.e., electrical substations, gas transfer stations, sewerage lift stations and associated accessory structures.
PAWNBROKER/PAWN SHOPA store that lends money in exchange for a valuable thing that they can sell if the person leaving it does not pay an agreed amount of money by an agreed time.
[Added 5-2-2023 by Ord. No. 2508]
PLANNED UNIT DEVELOPMENTA planned unit development is a tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings.
PRIVATE CLUBS AND LODGESA structure used to provide shelter for a private nonprofit, non-stock association of people meeting on a regular basis for a common purpose or purposes.
PROFESSIONAL OFFICEThe office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation; not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office; and one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of the occupant of the premises, shall be exhibited.
PUBLIC AIRPORTAny airport which complies with the definition contained in § 114.002(18m), Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
PUBLIC UTILITYAny person, firm, corporation, municipal department, or board duly authorized to furnish, and furnishing, under state or municipal regulations to the public electricity, gas, steam, communications, telegraph, transportation or water.
RECOVERY RESIDENCEA broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems.
RESIDENTIAL ACCESSORY STRUCTUREA permanent nonhabitable structure that is not served by a water supply or sewage system and is used incidental to residential buildings. Accessory structures include, but are not limited to, detached garages, screened and enclosed three-season (nonwinterized) porches/sunrooms, tool and lawn equipment storage sheds, covered entryways, gazebos, barns, etc. Open decks are accessory structures but do not count against the size limitation or quantity limitation.
RESTAURANT, CARRY-OUTA restaurant designed and constructed to have the food consumed away from the restaurant.
RESTAURANT, DRIVE-INA restaurant designed and constructed where some or all of the food is consumed on the restaurant premises but outside the restaurant structure, usually within a motor vehicle parked on the restaurant premises.
RESTAURANT, SIT-DOWNA restaurant designed and constructed for the consumption of food solely within the building.
ROADSIDE STANDA structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises. No roadside stand shall be more than 300 square feet in ground area, and there shall not be more than one roadside stand on any one premises.
ROOFThe structure forming the upper covering of a building.
ROOMING HOUSE (PERMANENT)Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more roomers who have no other permanent address.
ROOMING HOUSE (TRANSIENT)Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more roomers who have permanent addresses elsewhere.
SATELLITE DISH ANTENNAA device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."
SELF-STORAGE UNIT(S)See "mini warehouse." A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.
SETBACKThe minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.
SHOPPING CENTERA commercial land development consisting of five or more architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.
SITE-BUILT HOMEA dwelling unit primarily constructed with labor and unassembled materials at its building site.
SPORTSMEN'S CLUB HOUSEA structure used to provide shelter for a private nonprofit, non-stock association of people meeting on a regular basis for a common purpose associated with sports and/or sporting events or efforts.
STORAGE CONTAINERStandardized reusable vessels that were originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having similar appearance to and similar characteristics of cargo containers.
STORYThat portion of a building included between the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above the grade shall be deemed a story for purposes of height regulation.
STORY, HALFThe space under any roof except a flat roof, which, if occupied for residential purposes, shall be counted as a full story.
STREETAll property dedicated or intended for public or private street purposes or subject to public easements therefor and 21 feet or more in width.
STREET LINEA dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTUREAnything constructed or erected, in or on the ground, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
TARP SHEDA metal, wood or plastic framed structure that has an exterior Covering of fabric, plastic, thin film or tarp type material designated to protect the contents of the structure for several days or several months. Tarp sheds may or may not have enclosed sides.
[Added 6-4-2024 by Ord. No. 2523]
TEMPORARY STRUCTUREA movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure. Outdoor advertising structures are included in this classification.
TOURIST CAMPA tract or parcel of land, with or without buildings or other equipment, on which one or more camp cabins are located, or where temporary accommodations are provided for two or more automobile trailers or house cars, open to the public free or for a fee.
USEThe purpose land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.
VARIANCEA modification of the specific regulations of this chapter in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
VISION CLEARANCEAn unoccupied 20-foot by 20-foot triangular space at the corner of a corner lot which is bounded by the street lines and a setback line connecting points determined by measurement from the corner of each street line.
VISION TRIANGLEA triangular area at a street or driveway intersection in which nothing shall be erected, placed (including automobiles, trucks and other large vehicles or trailers), planted or allowed to grow in such a manner as to materially impede vision.
YARDAn open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONTA yard extending the full width of the lot between the front lot line and nearest part of the main building, excluding uncovered steps.
YARD, REARA yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.
YARD, SIDEA yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.