Division 1 - General.
ABUTTINGHave a common property line or district line.
ACCESSORY APARTMENTA separate complete housekeeping unit that is substantially contained within the structure of a single-family dwelling, but can be isolated from it.
ACCESSORY USE OR STRUCTUREA use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel, and serving a purpose customarily incidental to the principal use or the principal structure, which includes yardbarns. (See also "minor structure".)
ACRE, NETThe actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
ADULT BOOK STOREAn established having as a predominant portion of its stock-in-trade, books, magazines, and other periodicals, or video cassettes, which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" (as defined herein) or "specified anatomical areas" (as defined herein).
ADULT ENTERTAINMENT ESTABLISHMENTAn establishment having as a predominant portion of its business live acts, demonstrations, dances, or exhibitions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" (as defined herein) or "specific anatomical areas" (as defined herein).
ADULT MOTION PICTURE THEATERAn enclosed building which is significantly or substantially used for presenting motion picture films, video cassettes, cable television, or any other such visual media, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" (as defined herein) of "specified anatomical areas" (as defined herein).
ALLEYA public way which affords only a secondary means of access to abutting property.
ANTENNAA device used to receive or send broadcasts either as over the air signals from transmitters, including fixed television or radio signals, or microwave signals from earth-orbiting communication satellites.
APARTMENTA suite of rooms or a room in a multiple dwelling which suite or room is arranged, intended, or designed to be occupied as a residence of a single family, individual, or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking, and eating.
AUTOMOBILE WRECKING YARDAny premises on which two or more self-propelled vehicles not in running order or operating condition are stored in the open.
BASEMENTA portion of a building with the floor located below the mean grade level. For the purpose of this chapter, any such basement with more than four feet above grade level shall be counted as a story. No dwelling unit shall be situated in a basement having less than four feet above grade level.
BED-AND-BREAKFAST ESTABLISHMENTAn owner-occupied, single-family dwelling unit at which overnight sleeping accommodations are offered to travelers by the owner.
BLOCKA tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BOARDThe Zoning Board of Appeals, as provided in §
350-127C of this chapter.
BUFFER ZONEA designated neutral area designed to separate conflicting land uses. A natural vegetative screening of trees, shrubs, or other plantings is usually employed in such a designated area.
BUILDINGAny structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials. 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, HEIGHTS 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 the principal use of the lot on which it is located is conducted.
BUSINESSAn occupation, employment, or enterprise which occupies time, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CARPORTAn automobile shelter having one or more sides open.
CERTIFIED SURVEY MAP (CSM)A certified survey map is a map of a land split prepared in accordance with Ch. 236, Wisconsin Statutes, and §
300-7 of Chapter
300, Subdivision of Land, of the Village Code.
CHANNELThose woodlands normally occupied by a stream of water under average annual high water flow conditions while confined within generally well-established banks.
CLINICAn establishment for medical examination and treatment of patients, but without provisions for keeping such patients overnight on the premises (except for veterinary clinics). For purposes of this chapter, a doctor's or dentist's office, in a residence, when it complies with the requirements of this chapter relating to such office, shall not be considered a clinic, but any doctor's or dentist's office which is not part of his home, or the office of two or more doctors or dentists, whether in a residence or not, shall be considered a clinic.
CLUB OR LODGEA building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMUNITY LIVING ARRANGEMENTThe following facilities licensed or operated or permitted under the authority of the Wisconsin State Statutes: Child welfare agencies under § 48.60, Wis. Stats., group foster homes for children under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., 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 sections of the Wisconsin State Statutes, including §§ 46.03(22), 59.69(15), 62.23(7)(i) and 62.23(7)(a), Wis. Stats., and amendments thereto, and also the Wisconsin Administrative Code.
CONDITIONAL USEA use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts, and therefore, may be permitted in such district or districts only by conditional use permit.
CONSERVATION STANDARDSGuidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Chippewa County and Barron County respectively, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment to land based upon its capabilities from which the landowner selects that alternative which best meets his/her needs in developing his/her soil and water conservation.
CONTROLLED ACCESS ARTERIAL STREETThe 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.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, construction of, additions to, or substantial improvements to buildings or other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.
DISTRICT, BASICA part or parts of the Village for which the regulations of this chapter governing the use and location of land and building are uniform.
DISTRICT, OVERLAYOverlay districts, also referred to herein as "regulatory areas," provide 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.
DWELLINGA building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins, or mobile homes.
DWELLING UNITAny room or group of rooms located within a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
DWELLING, EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILYA building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels, and townhouses.
EARTH STATION DISH ANTENNAAn earth station dish antenna shall mean a combination of:
(1) A dish antenna whose purpose is to receive communication or other signals from orbiting satellites;
(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and
(3) A coaxial cable whose purpose is to carry the signals into the interior of the building. This definition shall not include satellite antennas with a diameter of 36 inches or less.
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.
FAMILYThe body of persons related by blood, marriage, or adoption, or not more than four unrelated persons who live together in one dwelling unit as a single housekeeping entity.
FLOOR AREA (BUSINESS AND MANUFACTURING BUILDINGS)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 elevators and stairways, 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 herein.
FOSTER FAMILY HOMEThe primary domicile of a foster parent and four or fewer foster children and which is licensed under § 48.62 of the Wisconsin Statutes and amendments thereto.
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, PRIVATEA detached accessory building or portion of the principal building, designed, arranged, used, or intended to be used for storage of automobiles of the occupant of the premises. Carports are considered garages.
GARAGE, PUBLICAny building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing, or public parking of motor vehicles.
GASOLINE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, and oil or other lubrication substances; sale of motor vehicle accessories; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning such vehicles.
GRADEWhen used as a reference point in measuring height of building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the main building.
GROSS FLOOR AREA (RESIDENTIAL)The square footage of each story of a dwelling. The basement area of a dwelling can be considered in the floor area calculation if the basement floor has an at-grade access.
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under State Statute § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HOME OCCUPATIONAny occupation for gain or support conducted entirely within a building by resident occupants and no more than one nonresident person, which is incidental to the principal use of the premises; does not exceed 50% of the area of any above ground living area; has no article offered for sale except such as is produced by such home occupation; and meets all of the conditions of §
350-62 of this chapter. Examples of home occupations are: child care, millinery, canning, dressmaking, dentists, architects, landscape architects, professional land surveyors, lawyers, and teachers.
HOSPITALAn institution intended primarily for the medical diagnosis, treatment, and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for twenty-four-hour patient care.
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.
HOUSING FOR THE ELDERLYA dwelling unit or units designed and constructed to be occupied by elderly persons. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises, or a family, the head of which, or his/her spouse, is an elderly person as defined herein.
INSTITUTIONA building occupied by a nonprofit corporation or a nonprofit establishment for public use.
INTERCHANGEA grade-separated intersection with one or more direct connections for vehicular travel between the intersecting streets or highways.
JUNKAny scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to: vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood, and lumber.
JUNKYARDAny area, lot, land, parcel, building, or structure or part thereof used for the storage, collecting, processing, purchase, sale, or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.
LAND-DISTURBING ACTIVITYAny man-made change of the land surface including removing vegetation cover, excavating, filling, and grading, but not including agricultural activities such as planting, growing, cultivating, and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscape modifications.
LAND USERAny person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
LANDOWNERAny person holding title to or having an interest in land.
LOADING AREAA 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.
LODGING HOUSEA building where lodging only is provided for compensation for not more than three persons not members of the family.
LOT(1) A division of land occupied or designed to be occupied by one building and its accessory buildings or uses, including open spaces required by this chapter. A lot may be a parcel of land designated in a plat laid out prior to the effective date of this amendment, whether or not such division abuts a public street or other officially approved place recorded in the office of the Register of Deeds, or any part of a larger division when such parts comply with the requirements of this chapter as to width and area for the district in which it is located. No land included in any street, highway or railroad right-of-way, dedicated to the public or reserved for roadway purposes, shall be included in the computation of lot size.
(2) A lot for purposes of this chapter, may differ from a lot as shown on a plat.
(3) Example: Platted lots may be subdivided or combined by Certified Survey Map pursuant to §
300-7 of Chapter
300, Subdivision of Land, of the Village Code. Thereafter, the lot created by such lot divisions, shall be considered a lot for purposes of this chapter.
LOT COVERAGE (EXCEPT RESIDENTIAL)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 LINEA property boundary line of any lot held in single or separate ownership, 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 AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT OF RECORDA platted lot of a recorded subdivision, certified survey map, or parcel of land for which the deed, prior to the adoption of this chapter, is on record with the Chippewa County Register of Deeds and which exists as described therein.
LOT WIDTHThe horizontal distance between the side lot lines measured at the building setback line.
LOT, CORNERA lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side. (See illustration No. 4)
LOT, INTERIORA 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, SUBSTANDARDA 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 code as pertaining to the district wherein located.
LOT, THROUGHA 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.
MINOR STRUCTURESAny small movable accessory erection or construction such as birdhouses, toolhouses, pet houses, play equipment, yardbarns, arbors, and walls containing not more than 100 square feet in floor space areas. Such erection or construction shall be deemed structures, even if not permanently affixed to the ground.
MOBILE HOMEA manufactured home that is HUD certified and labeled under the National Manufactured Home Construction and Safety Standards Act of 1974 (U.S.C. Title 42, Chapter 70). A mobile home is a structure which is, or was, as originally constructed, designed to be transportable in one or more sections, which in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and any additions, attachments, annexes, foundations, and appurtenances.
MOBILE HOME LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARKA parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation, and where individual lots are rented to individual mobile home users. A mobile home park is also any lot on which two or more mobile homes are parked for the purpose of permanent habitation, regardless of whether or not a charge is made for such accommodation, and including any associated service, storage, recreation, and other community service facilities designed for the exclusive use of park occupants.
MOBILE HOME SUBDIVISIONA land subdivision, as defined by Ch. 236 of the Wisconsin Statutes and any section of this Code, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
MODULAR UNITA 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.
MOTELA building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of travelers or tourists.
NONCONFORMING USESAny structure, use of land, use of land and structure in combination or characteristics of use (such as yard requirement or lot size) which was existing at the time of the effective date of this code or amendments thereto and which is not in conformance with this code. Any such structure conforming in respect to use but 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.
NURSING HOMEAn establishment used as a dwelling place by the aged, infirm, chronically ill, or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or the care of the sick or injured. A nursing home is subject to state-level licensing and operational limitations as set forth in Ch.
50 of the Wisconsin Statutes.
OPEN SALES AREAAny open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including, but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft, and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.
OUTDOOR STORAGE AREASAny open land or area used for the purpose of storage of any product or part of a product either before, during, or after manufacture, servicing, or repair, and not displayed for retail sale. This does not include open sales areas.
PARKING LOTA structure or premises containing five or more parking spaces open to the public.
PARKING SPACEAn off-street space available for the parking of a motor vehicle and which is held to be an area the dimensions of which are 10 feet by 18 feet or which covers 180 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 100 feet, and all property owners with opposite frontages.
PLACES OF ASSEMBLYPlaces where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.
PLANNED UNIT DEVELOPMENTA tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and of a substantially different character than that of surrounding areas. A planned unit development allows for flexibility not available under normal zoning district requirements.
PLANNING COMMISSIONWhere the phrase "Planning Commission" appears, this refers to the Planning Commission of the Village of New Auburn. The Planning Commission is appointed by the Village President and confirmed by the Village Board pursuant to § 62.23, Wis. Stats.
PREMISESThe area of land surrounding a structure and forming one enclosure with it.
PROFESSIONAL HOME OFFICESResidences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professionals, used to conduct their professions where the office does not exceed 1/2 the area of only one floor of the residence and only one nonresident person is employed.
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.
REAR YARDA 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 is opposite the street yard or one of the street yards on a corner lot.
RECREATIONAL VEHICLEAny vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:
(1) Is not used as the permanent residence of the owner or occupant;
(2) Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities;
(3) Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities;
(4) Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pick-up campers, camping buses, and self-contained, self-propelled truck chassis mounted vehicles providing living accommodations.
RECREATIONAL VEHICLE CAMPA park, court, campsite, lot, parcel, or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreational vehicles as defined herein, and upon which said recreational vehicles are parked.
RESTAURANTA business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.
RESTAURANT, DRIVE-INA business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.
RETAILThe sale of goods or merchandise in small quantities to the consumer.
ROADSIDE STANDA structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
ROOMING UNITAny room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
SCHOOLA building or group of buildings maintained by the public or by a private organization for the purpose of education and which is accredited by the State of Wisconsin. Schools include pre-school and grades kindergarten through 12, but not trade schools that do not teach the state required courses for high school graduation in addition to the vocational instruction.
SCHOOL, COMMERCIALA school limited to special instructions such as business, art, music, trades, handicraft, dancing, or riding.
SETBACKA yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards. Uncovered steps shall not be included in measuring the setback.
SHELTERED CARE FACILITYA private home which provides separate sleeping accommodations and kitchen facilities for its occupants, but also maintains some means of contact with a central control office or building. This facility may include joint recreational and eating facilities.
SHOPPING CENTERA concentration of retail stores and service establishments in a suburban area with generous parking space and planned to serve the community or a neighborhood.
SIGNSAny medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known or 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.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region, buttock, perineum, anal region or female breast at or below the areola or human male genitals in a discernably turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES(1) Human genitals in a state of sexual stimulation or arousal; or
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, perineum, anal region, or the female breast.
STORYThat 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 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
STORY, HALFThat 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 4 1/2 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 1/2 story in a sloping roof shall not be counted as a story for the purposes of this code.
STREETProperty 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, ARTERIALA public street or highway intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as major thoroughfares, highways, and parkways.
STRUCTURAL ALTERATIONSAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
STRUCTUREAnything 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 STRUCTUREA movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
UNNECESSARY HARDSHIPThe circumstances where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this chapter. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property.
USEThe purpose or activity for which the land or building thereof is designed, arranged, or intended, or for which it is occupied or maintained.
USE, ACCESSORYA 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. (See also "accessory use or structure.")
USE, PERMITTEDA use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district.
USE, PRINCIPALThe main use of land or building as distinguished from subordinate or accessory use.
UTILITIESPublic and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraphic 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.
VARIANCEA departure from the terms of this chapter as applied to a specific building, structure or parcel of land, which the Zoning Board of Appeals may permit, contrary to the regulations of this chapter for the district in which such buildings, structure, or parcel of land is located, when the Zoning Board of Appeals finds that a literal application of such regulation will affect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is no compensation or gain to the property and does not endanger the public health, safety, or welfare.
VISION SETBACK AREAAn unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from the intersection as specified in this chapter.
YARDAn open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except by vegetation. The front (street) and rear yards extend the full width of the lot.
YARD, FRONTA yard extending the full width of the lot between the front or street lot line and the nearest part of the principal building, including eaves, but excluding uncovered steps. Corner lots shall have two front yards.
YARD, REARA yard extending the full width of the lot between the rear lot line to the nearest part of the principal building, including eaves. On corner lots there shall be no rear yard.
YARD, SIDEA yard on each side of the principal building extending from the nearest part of the principal building, including eaves to the lot line and from the front yard line to the rear yard line.
ZERO LOT LINEThe 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 space between said units.
ZONING PERMITA permit issued by the Building Inspector to certify that the use of lands, structure, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.