GENERALLY
This article is adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 87.30 and amendments thereto.
This article shall be known as, referred to, and cited as the "Zoning Code, City of Mosinee, Wisconsin" and is hereafter referred to as "this article."
The purpose of this article is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the people of the City of Mosinee, Wisconsin.
The general intent and purposes in view of this article are to regulate and restrict the use of all structures, lands and waters, and to:
(1)
Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people.
(2)
Divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses.
(3)
Protect the character and the stability of the residential, business, manufacturing and other districts within the city and to promote the orderly and beneficial development thereof.
(4)
Regulate lot coverage, the intensity of use of lot areas, and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage.
(5)
Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements.
(6)
Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways.
(7)
Secure safety from fire, panic, flooding, pollution, contamination and other dangers.
(8)
Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the city.
(9)
Preserve and protect the beauty of the city.
(10)
To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts.
(11)
To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.
(12)
Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters.
(13)
Further the maintenance of safe and healthful water conditions.
(14)
Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.
(15)
Provide for and protect a variety of suitable commercial and industrial sites.
(16)
Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.
(17)
Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city.
(18)
Provide for the administration and enforcement of this article; and to provide penalties for the violation of this article.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this article imposes greater restrictions, the provisions of this article shall govern.
(a)
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.
(b)
Where the conditions imposed by any provision of this article, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this article or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
The city does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the common council, its agencies, or employes for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with this article.
(a)
Jurisdiction. The jurisdiction of this article shall apply to all structures, lands, water, and air within the corporate limits of the city.
(b)
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted, and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of the ordinance from which this article is derived and all other applicable local, county and state regulations.
(c)
District regulations to be complied. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged, or structurally altered after the effective date of the ordinance from which this article is derived and the use of any land shall be in compliance with the regulations established in this article for the district in which such building or land are located.
(d)
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this article. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.
(2)
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be included as a part of a yard or other open space required for another building.
(3)
Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this article, except that side yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.
(4)
No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in a business or industrial district, or used for any purpose not permitted in a residence district.
(e)
One main building per lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main building on one lot.
(f)
Lots abutting more restrictive district. In all residential districts, any side yard, rear yard or front yard abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
(g)
Improvements on municipally owned properties. In all districts, improvements on municipally owned properties are subject to site plan review for any use not specifically listed as a permitted or conditional use.
(Ord. No. 2024-03, § 1, 1-13-2025)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A zones means areas of potential flooding shown on the city's flood insurance rate map which would be inundated by the regional flood. These zones may be numbered as A0, A1 to A99, or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
Abutting means having a common property line or district line.
Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, parcel of land, or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.
Acre, gross means the net area of land devoted to the land use, plus the proportionate area devoted to all supporting land uses, including public streets, public lands or unusable lands, and school sites, contained within 43,560 square feet.
Acre, net means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
Alley means a public way not less than ten or more than 21 feet wide which affords only a secondary means of access to abutting property.
Apartment means a room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.
Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for yearround living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as basement space.
Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served is breakfast.
Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
Boardinghouse means a building other than a hotel or restaurant where meals and lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
Buildable lot area means the portion of a lot remaining after required yards have been provided.
Building means any structure, including decks, intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
Building, detached means a building surrounded by open space on the same lot.
Building, heights of means the 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 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 a building in which the principal use of the lot on which it is located is conducted.
Building, setback line means a line parallel to the lot line at a distance equal to the lot line regulated by the yard requirements set up in this Code.
Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
Community living arrangement means the following facilities licensed or operated, or permitted under the authority of statute: Child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under § 48.02(6), and community-based residential facilities under § 50.01; but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable statute, including Wis. Stats. §§ 46.03(22), 59.69(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
Conditional uses means uses of a special nature as to make impractical their predetermination as a permitted use in a district.
Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the "Technical Guide," prepared by the USDA Soil Conservation Service for Winnebago County, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.
Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.
Development means any manmade change to improved or unimproved real estate including, but not limited to, construction of or additions or substantial improvements to building, other structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.
District, basic means parts of the city for which the regulations of this article governing the use and location of land and building are uniform.
District, overlay means regulatory areas, providing for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins, or mobile homes.
Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.
Dwelling, efficiency means a dwelling unit consisting of one principal room with no separate sleeping rooms.
Dwelling, multiple-family means a 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, single-family means a building designed for or occupied by one family.
Dwelling, two-family means a building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
Equal degree of hydraulic encroachment means the effect of any encroachment into the floodway is to be computed by assuming an equal degree of hydraulic encroachment on the opposite side of a river or stream for a significant hydraulic reach, in order to compute the effect of the encroachment upon hydraulic conveyance. This computation ensures that the property owners up, down or across the river or stream will have the same rights of hydraulic encroachment.
Essential services means services 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, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
Family means one or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit in one dwelling unit shall constitute a family. A family may include, in addition thereto, two, but not more than two, persons not related by blood, marriage or adoption. A person shall be considered to be related for the purpose of this section if he is dwelling for the purpose of adoption or for a foster care program.
Exceptions: Nothing in this article shall prohibit, under the definition of the term "family," priests, laybrothers, nurses or such other collective body of persons living together in one house under the same management and care, subsisting in common, and directing their attention to a common object or the promotion of their mutual interest and social happiness.
Farmstead means a single-family residential structure located on a parcel of land which primary land use is associated with agriculture.
Flood means a temporary rise in streamflow or stage in lake level that results in water overtopping the banks and inundating areas adjacent to the stream channel or lake bed.
Flood insurance study means an examination, evaluation and determination of flood hazards, and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mud flow) 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 A zones.
Flood profile means a graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the stream bed and other significant natural and manmade features along a stream.
Flood protection elevation means a point two feet above the water surface elevation of the 100-year recurrence interval flood. This safety factor, also called 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 obstructions of bridge openings.
Flood stage means the elevation of the floodwater surface above an officially established datum plane, which is mean sea level, 1929 adjustment, on the supplementary floodland zoning map.
Floodlands means, for the purpose of this article, 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 the floodway district, the floodplain conservancy district and the floodplain fringe overlay district.
Floodplain fringe means those floodlands, outside the floodway, subject to inundation by the 100-year recurrence interval flood. For the purpose of this article, the floodplain fringe includes the floodplain conservancy district and the floodplain fringe overlay district.
Floodproofing means measures designed to prevent and reduce flood damage for those uses which cannot be removed from, or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials to operation and management safeguards, such as the following: reinforcing of basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent watertight bulkheads, shutters and doors; treatment of exposed timbers; elevation of flood vulnerable utilities; use of waterproof cement; adequate fuse protection; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; 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 electric equipment; avoidance of the use of flood vulnerable areas; temporary removal or waterproofing of merchandise; operation of emergency pump equipment; closing of backwater sewer valve; placement of plugs and flood drain pipes; placement of movable watertight bulkheads; erection of sand bag levees; and the shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point 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 protect it from larger floods.
Floodway means a designated portion of the 100-year flood area that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in the state to 0.1 foot unless special legal measures are provided. The floodway, which includes the channel, is that portion of the floodplain not suited for human habitation. All fill, structures and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage, should be prohibited in the floodway.
Floor area, business and manufacturing buildings means, for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the 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 occupied by 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 in this section.
Foster home means the primary domicile of a foster parent which is for four or fewer foster children and which is licensed under Wis. Stats. § 48.62 and amendments thereto.
Frontage means all the property abutting on one side of a street.
Garage, private means a detached accessory building of greather than 120 square feet or portion of the principal building, designed, arranged, used or intended to be used for storage of automobile of the occupant of the premises.
Garage, public means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.
Group home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.
Home occupation means any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building or accessory building thereto, in connection with which there are no signs or exterior display or storage other than a sign permitted by this article, and no activity that will indicate from the exterior that the building is being used, in whole or in part, for any purpose other than that of a dwelling. The use is to be clearly incidental to the use of the dwelling unit for residential purposes and shall not endanger the public health or safety. No articles shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. Persons operating a home occupation shall employ no more than one nonresident employe. No business such as a shop or store shall be conducted upon the premises. No material or equipment shall be stored outside the confines of the home. No mechanical equipment may be used which creates a disturbance such as noise, dust, odor or electrical disturbance. The home may not be altered to attract business. No motors shall be utilized which exceed one horsepower each and not exceeding five horsepower in total, such activity being deemed a public nuisance. Repairing of motor bicycles, motorcycles and motor-driven cycles, other than those licensed and owned by the occupants of a home in a residential area is strictly prohibited. For the purpose of this definition, the definitions of the above-mentioned vehicles shall be as set forth in Wis. Stats. ch. 340. Such repairing is deemed a public nuisance. It is immaterial for the purpose of this subsection whether or not such repairing is done in return for remuneration.
Hotel means a 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.
Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.
Lot means a parcel of land having frontage on a public street, or other officially approved means of access, 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 and other open space provisions of this article as pertaining to the district wherein located.
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 coverage (residential) means the area of a lot occupied by the principal building or buildings and accessory building.
Lot coverage (except residential) means the area of a lot occupied by the principal building or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.
Lot, interior means a lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
Lot line means a property boundary line of any lot, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.
Lot, substandard means a parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this article pertaining to the district wherein located.
Lot, through means a lot which has 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 width means the horizontal distance between the side lot lines measured at the building side yard setback line.
Minor structures means any small, movable accessory erection or construction such as birdhouses; tool houses; pet houses; play equipment; arbors and walls and fences under four feet in height.
Manufactured home means a manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.
Manufactured home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Manufactured home park means a parcel of land which has been developed for the placement of manufactured homes and is owned by an individual, a firm, trust, partnership, public or private association or corporation. Individual lots within a manufactured home park are rented to individual manufactured home users.
Manufactured home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and the city's subdivision ordinance, with lots intended for the placement of individual manufactured home units. Individual homesites are in separate ownership as opposed to the rental arrangements in manufactured home parks.
Modular unit means a modular unit is a factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.
Nonconforming uses means any structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of the ordinance from which this article is derived or amendments thereto and which is not in conformance with this article. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.
Official letter of map amendment means official notification from the Federal Emergency Management Agency (FEMA), that a flood hazard boundary map or flood insurance rate map has been amended.
Parking lot means a structure or premises containing five or more parking spaces open to the public.
Parking space means a graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
Parties in interest means all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
Professional office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, engineer, lawyer, author, musician or other recognized trade. When established in a residential district, a professional office shall be incidental to the residential occupation, not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office and only 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 airport means any airport which complies with the definition contained in Wis. Stats. § 114.002(7) or any airport which serves or offers to serve common carriers engaged in air transport.
Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.
Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state 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.
Retail means the sale of goods or merchandise in small quantities to the consumer.
Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback. On corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street, but the side yard setback shall in no case restrict the buildable width to less than 30 feet.
Side yard means a yard extending from the street to the rear of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.
Signs means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.
Story, half means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purposes of this article.
Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.
Street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line, and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.
Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
Use, accessory means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
Use, principal means the main use of land or building as distinguished from subordinate or accessory use.
Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
Vision clearance means an unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.
Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. The street and rear yards extend the full width of the lot.
Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero spacing between such units.
Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this article are or shall be used in accordance with the provisions of said article.
(Ord. No. 2001-03, § 1, 4-9-2001)
Cross reference— Definitions generally, § 1-2.
GENERALLY
This article is adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 87.30 and amendments thereto.
This article shall be known as, referred to, and cited as the "Zoning Code, City of Mosinee, Wisconsin" and is hereafter referred to as "this article."
The purpose of this article is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the people of the City of Mosinee, Wisconsin.
The general intent and purposes in view of this article are to regulate and restrict the use of all structures, lands and waters, and to:
(1)
Promote and protect the comfort, public health, safety, morals, prosperity, aesthetics and general welfare of the people.
(2)
Divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses.
(3)
Protect the character and the stability of the residential, business, manufacturing and other districts within the city and to promote the orderly and beneficial development thereof.
(4)
Regulate lot coverage, the intensity of use of lot areas, and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation and drainage.
(5)
Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public services, utilities and other public requirements.
(6)
Regulate parking, loading and access so as to lessen congestion in and promote the safety and efficiency of streets and highways.
(7)
Secure safety from fire, panic, flooding, pollution, contamination and other dangers.
(8)
Stabilize and protect existing and potential property values and encourage the most appropriate use of land throughout the city.
(9)
Preserve and protect the beauty of the city.
(10)
To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts.
(11)
To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district.
(12)
Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters.
(13)
Further the maintenance of safe and healthful water conditions.
(14)
Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.
(15)
Provide for and protect a variety of suitable commercial and industrial sites.
(16)
Protect the traffic-carrying capacity of existing and proposed arterial streets and highways.
(17)
Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the city.
(18)
Provide for the administration and enforcement of this article; and to provide penalties for the violation of this article.
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this article imposes greater restrictions, the provisions of this article shall govern.
(a)
In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.
(b)
Where the conditions imposed by any provision of this article, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this article or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
The city does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the common council, its agencies, or employes for any flood damages, sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with this article.
(a)
Jurisdiction. The jurisdiction of this article shall apply to all structures, lands, water, and air within the corporate limits of the city.
(b)
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted, and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of the ordinance from which this article is derived and all other applicable local, county and state regulations.
(c)
District regulations to be complied. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged, or structurally altered after the effective date of the ordinance from which this article is derived and the use of any land shall be in compliance with the regulations established in this article for the district in which such building or land are located.
(d)
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this article. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use.
(2)
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be included as a part of a yard or other open space required for another building.
(3)
Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this article, except that side yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.
(4)
No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in a business or industrial district, or used for any purpose not permitted in a residence district.
(e)
One main building per lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main building on one lot.
(f)
Lots abutting more restrictive district. In all residential districts, any side yard, rear yard or front yard abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
(g)
Improvements on municipally owned properties. In all districts, improvements on municipally owned properties are subject to site plan review for any use not specifically listed as a permitted or conditional use.
(Ord. No. 2024-03, § 1, 1-13-2025)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A zones means areas of potential flooding shown on the city's flood insurance rate map which would be inundated by the regional flood. These zones may be numbered as A0, A1 to A99, or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
Abutting means having a common property line or district line.
Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, parcel of land, or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.
Acre, gross means the net area of land devoted to the land use, plus the proportionate area devoted to all supporting land uses, including public streets, public lands or unusable lands, and school sites, contained within 43,560 square feet.
Acre, net means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
Alley means a public way not less than ten or more than 21 feet wide which affords only a secondary means of access to abutting property.
Apartment means a room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.
Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for yearround living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as basement space.
Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served is breakfast.
Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
Boardinghouse means a building other than a hotel or restaurant where meals and lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
Buildable lot area means the portion of a lot remaining after required yards have been provided.
Building means any structure, including decks, intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
Building, detached means a building surrounded by open space on the same lot.
Building, heights of means the 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 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 a building in which the principal use of the lot on which it is located is conducted.
Building, setback line means a line parallel to the lot line at a distance equal to the lot line regulated by the yard requirements set up in this Code.
Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
Community living arrangement means the following facilities licensed or operated, or permitted under the authority of statute: Child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under § 48.02(6), and community-based residential facilities under § 50.01; but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable statute, including Wis. Stats. §§ 46.03(22), 59.69(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
Conditional uses means uses of a special nature as to make impractical their predetermination as a permitted use in a district.
Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the "Technical Guide," prepared by the USDA Soil Conservation Service for Winnebago County, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.
Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.
Development means any manmade change to improved or unimproved real estate including, but not limited to, construction of or additions or substantial improvements to building, other structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.
District, basic means parts of the city for which the regulations of this article governing the use and location of land and building are uniform.
District, overlay means regulatory areas, providing for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins, or mobile homes.
Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.
Dwelling, efficiency means a dwelling unit consisting of one principal room with no separate sleeping rooms.
Dwelling, multiple-family means a 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, single-family means a building designed for or occupied by one family.
Dwelling, two-family means a building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
Equal degree of hydraulic encroachment means the effect of any encroachment into the floodway is to be computed by assuming an equal degree of hydraulic encroachment on the opposite side of a river or stream for a significant hydraulic reach, in order to compute the effect of the encroachment upon hydraulic conveyance. This computation ensures that the property owners up, down or across the river or stream will have the same rights of hydraulic encroachment.
Essential services means services 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, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
Family means one or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit in one dwelling unit shall constitute a family. A family may include, in addition thereto, two, but not more than two, persons not related by blood, marriage or adoption. A person shall be considered to be related for the purpose of this section if he is dwelling for the purpose of adoption or for a foster care program.
Exceptions: Nothing in this article shall prohibit, under the definition of the term "family," priests, laybrothers, nurses or such other collective body of persons living together in one house under the same management and care, subsisting in common, and directing their attention to a common object or the promotion of their mutual interest and social happiness.
Farmstead means a single-family residential structure located on a parcel of land which primary land use is associated with agriculture.
Flood means a temporary rise in streamflow or stage in lake level that results in water overtopping the banks and inundating areas adjacent to the stream channel or lake bed.
Flood insurance study means an examination, evaluation and determination of flood hazards, and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mud flow) 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 A zones.
Flood profile means a graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the stream bed and other significant natural and manmade features along a stream.
Flood protection elevation means a point two feet above the water surface elevation of the 100-year recurrence interval flood. This safety factor, also called 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 obstructions of bridge openings.
Flood stage means the elevation of the floodwater surface above an officially established datum plane, which is mean sea level, 1929 adjustment, on the supplementary floodland zoning map.
Floodlands means, for the purpose of this article, 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 the floodway district, the floodplain conservancy district and the floodplain fringe overlay district.
Floodplain fringe means those floodlands, outside the floodway, subject to inundation by the 100-year recurrence interval flood. For the purpose of this article, the floodplain fringe includes the floodplain conservancy district and the floodplain fringe overlay district.
Floodproofing means measures designed to prevent and reduce flood damage for those uses which cannot be removed from, or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials to operation and management safeguards, such as the following: reinforcing of basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent watertight bulkheads, shutters and doors; treatment of exposed timbers; elevation of flood vulnerable utilities; use of waterproof cement; adequate fuse protection; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; 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 electric equipment; avoidance of the use of flood vulnerable areas; temporary removal or waterproofing of merchandise; operation of emergency pump equipment; closing of backwater sewer valve; placement of plugs and flood drain pipes; placement of movable watertight bulkheads; erection of sand bag levees; and the shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point 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 protect it from larger floods.
Floodway means a designated portion of the 100-year flood area that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in the state to 0.1 foot unless special legal measures are provided. The floodway, which includes the channel, is that portion of the floodplain not suited for human habitation. All fill, structures and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage, should be prohibited in the floodway.
Floor area, business and manufacturing buildings means, for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the 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 occupied by 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 in this section.
Foster home means the primary domicile of a foster parent which is for four or fewer foster children and which is licensed under Wis. Stats. § 48.62 and amendments thereto.
Frontage means all the property abutting on one side of a street.
Garage, private means a detached accessory building of greather than 120 square feet or portion of the principal building, designed, arranged, used or intended to be used for storage of automobile of the occupant of the premises.
Garage, public means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.
Group home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.
Home occupation means any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building or accessory building thereto, in connection with which there are no signs or exterior display or storage other than a sign permitted by this article, and no activity that will indicate from the exterior that the building is being used, in whole or in part, for any purpose other than that of a dwelling. The use is to be clearly incidental to the use of the dwelling unit for residential purposes and shall not endanger the public health or safety. No articles shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. Persons operating a home occupation shall employ no more than one nonresident employe. No business such as a shop or store shall be conducted upon the premises. No material or equipment shall be stored outside the confines of the home. No mechanical equipment may be used which creates a disturbance such as noise, dust, odor or electrical disturbance. The home may not be altered to attract business. No motors shall be utilized which exceed one horsepower each and not exceeding five horsepower in total, such activity being deemed a public nuisance. Repairing of motor bicycles, motorcycles and motor-driven cycles, other than those licensed and owned by the occupants of a home in a residential area is strictly prohibited. For the purpose of this definition, the definitions of the above-mentioned vehicles shall be as set forth in Wis. Stats. ch. 340. Such repairing is deemed a public nuisance. It is immaterial for the purpose of this subsection whether or not such repairing is done in return for remuneration.
Hotel means a 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.
Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.
Lot means a parcel of land having frontage on a public street, or other officially approved means of access, 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 and other open space provisions of this article as pertaining to the district wherein located.
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 coverage (residential) means the area of a lot occupied by the principal building or buildings and accessory building.
Lot coverage (except residential) means the area of a lot occupied by the principal building or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.
Lot, interior means a lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
Lot line means a property boundary line of any lot, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
Lot lines and area means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.
Lot, substandard means a parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this article pertaining to the district wherein located.
Lot, through means a lot which has 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 width means the horizontal distance between the side lot lines measured at the building side yard setback line.
Minor structures means any small, movable accessory erection or construction such as birdhouses; tool houses; pet houses; play equipment; arbors and walls and fences under four feet in height.
Manufactured home means a manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.
Manufactured home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Manufactured home park means a parcel of land which has been developed for the placement of manufactured homes and is owned by an individual, a firm, trust, partnership, public or private association or corporation. Individual lots within a manufactured home park are rented to individual manufactured home users.
Manufactured home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and the city's subdivision ordinance, with lots intended for the placement of individual manufactured home units. Individual homesites are in separate ownership as opposed to the rental arrangements in manufactured home parks.
Modular unit means a modular unit is a factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.
Nonconforming uses means any structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of the ordinance from which this article is derived or amendments thereto and which is not in conformance with this article. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.
Official letter of map amendment means official notification from the Federal Emergency Management Agency (FEMA), that a flood hazard boundary map or flood insurance rate map has been amended.
Parking lot means a structure or premises containing five or more parking spaces open to the public.
Parking space means a graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
Parties in interest means all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
Professional office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, engineer, lawyer, author, musician or other recognized trade. When established in a residential district, a professional office shall be incidental to the residential occupation, not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office and only 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 airport means any airport which complies with the definition contained in Wis. Stats. § 114.002(7) or any airport which serves or offers to serve common carriers engaged in air transport.
Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.
Regional flood means a flood determined to be representative of large floods known to have generally occurred in the state 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.
Retail means the sale of goods or merchandise in small quantities to the consumer.
Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback. On corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street, but the side yard setback shall in no case restrict the buildable width to less than 30 feet.
Side yard means a yard extending from the street to the rear of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.
Signs means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.
Story, half means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purposes of this article.
Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.
Street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line, and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.
Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
Use, accessory means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
Use, principal means the main use of land or building as distinguished from subordinate or accessory use.
Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
Vision clearance means an unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.
Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. The street and rear yards extend the full width of the lot.
Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero spacing between such units.
Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this article are or shall be used in accordance with the provisions of said article.
(Ord. No. 2001-03, § 1, 4-9-2001)
Cross reference— Definitions generally, § 1-2.