(a)

In the construction of this chapter the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:

(1)

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

(2)

The word "shall" is mandatory and not discretionary.

(3)

The word "may" is permissive.

(4)

The word "lot" shall include the words "piece," "parcel," and "plots"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(5)

All "measured distances" shall be to the nearest foot. If a fraction is one-half or less, the full number next below shall be taken.

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

"A" zones means those areas shown on the city's official floodplain zoning maps (on file in the zoning administrator's office) which would be inundated by the "regional flood" as defined in this section. These areas may be numbered as A0, A1—A30, A99, or be unnumbered "A" zones.

Accessory building, structure or use means a building, structure or use which is:

(1)

Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;

(2)

Clearly incidental to, subordinate in purpose to, and serves the principal use; and

(3)

Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

Adult entertainment uses.

(1)

Adult entertainment uses means and includes adult bookstore, adult novelty shop, adult motion picture theater, adult mini-motion picture theater and adult massage parlor. Such uses are defined as follows:

a.

Adult bookstore means an establishment having as a substantial or significant portion of its stock and trade in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this paragraph or an establishment with a segment or section devoted to the sale or display of such material.

b.

Adult novelty shop means an establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on or which are designed for specified sexual activity as defined in this paragraph or stimulating such activity.

c.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons having as a substantial or significant portion of its presentation material distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas as defined in this paragraph for observation by patrons therein.

d.

Adult mini-motion picture theater is an enclosed building with a capacity for less than 50 persons having as a substantial or significant portion of its presentation material distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas as defined in this paragraph for observation by patrons therein.

e.

Adult massage parlor means an establishment or business with or without sleeping accommodations which provides services including any method of rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating the superficial parts of the human body with the hands or with any instruments, heat and light treatments of the body, and all forms and methods of physiotherapy not operated by a medical practitioner or professional physical therapist licensed by the state or licensed or registered massage therapist.

(2)

Additional definitions.

a.

Specified sexual activity is defined as:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

b.

Specified anatomical area is defined as less than completely and opaquely covered:

1.

Human genitals; pubic region;

2.

Buttock;

3.

Female breast below a point immediately above the top of the areola; and

4.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Advertising device means any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

Agriculture means the use of land for agricultural purposes, including farming, pasturage, agriculture, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal agricultural activities.

Airport means any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.

Alley means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

Amusement center means any business which has on its premises three or more coin-operated amusement devices available for use by the public and which is not licensed by the city with a "Class B" fermented malt beverage and intoxicating liquor license.

Automobile means a self-propelled passenger vehicle, intended for land transport, not exceeding 25 feet in length nor 6,000 pounds in weight, such as a passenger car, sport utility vehicle, passenger van or pick-up truck, but not including a vehicle such as a camper, motor home, boat, panel truck or step truck.

Automobile service station means any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories; minor automobile repairs; and greasing or washing of individual automobiles.

Available storm sewer means storm sewer which is in the street, alley or easement right-of-way that is directly adjacent to the property to be served.

Awning means a roof like structure of a temporary nature which is constructed of canvas, plastic, or other approved material, applied to a frame and attached to the wall of a building to give shelter over a door, window, or other area.

Basement means any enclosed area of a building having its floor subgrade, i.e., below ground level, on all sides.

Bed and breakfast establishment means any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists and other transients 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 to guests is breakfast.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines or county lines.

Block face means the entire frontage of one side of a street between two intersecting streets, or a combination of intersecting street and railroad rights-of-way, or shoreline of a waterway, or other limits as determined by the zoning administrator.

Boardinghouse: See roominghouse.

Boathouse means a structure used for the storage of watercraft and associated materials which has one or more walls or sides.

Body piercing establishments as defined in Wis. Admin. Code § HFS 173.03(8).

Building means any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land, stream or lakebed.

Building, detached means a building surrounded by open space on the same lot.

Building height means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

Bulk is the term used to indicate the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another, and includes:

(1)

Height and area of buildings.

(2)

Location of exterior walls in relation to lot lines, streets, or other buildings.

(3)

Gross floor area of buildings in relation to lot area (floor area ratio).

(4)

All open spaces allocated to buildings.

(5)

Amount of lot area required for each dwelling unit.

Canopy means a roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.

Car wash means a building, or portion thereof, containing facilities for washing one or more automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

Certificate of appropriateness for properties within a designated H-Historic Properties district is an official ruling of the department of city development or planning, heritage, and design commission approving exterior treatment for activities such as additions, alterations, rehabilitation, restoration, construction, reconstruction or demolition of a landmark, landmark site or contributing property, or new construction on vacant or cleared lots of parcels.

Certificate, occupancy means the written approval of the zoning administrator that authorizes a person or persons to occupy or use a premises for a specified purpose, as established in section 114-96. The occupancy certificate may consist of a standardized independent form bearing the signature of the zoning administrator or it may be represented as a part of the building permit.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.

Charitable meal establishment means an establishment providing free meals as a primary purpose of the establishment, and which is licensed with a sanitation permit.

Circular driveway means a driveway which utilizes two curb cuts on the same frontage as the house for ingress and egress. A circular drive is either elliptical or circular in shape for either a portion or its entire length. The area between the inner radius of the driveway and the street right-of-way must be an unimproved surface. The minimum distance from the right-of-way to the inner diameter of the drive is ten feet. The minimum distance between curb cuts is 20 feet.

Class 2 public notice means publication of a general public hearing notice under Wis. Stats. ch. 985, in a newspaper of general circulation to the effected area. Publication is required on two consecutive weeks, the last being at least seven days prior to the hearing.

Clinic, medical or dental means a building in which a group of physicians, dentists, or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. The clinic may include an accessory dental or medical laboratory. It shall not include inpatient care or operating rooms for major surgery.

Club or lodge, private (nonprofit) means a nonprofit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members. It shall be permissible to serve food, meals and beverages on such premises.

Coin-operated amusement device means any machine which, upon the insertion of a coin, slug, token, plate, disc or similar item, may be operated as a game, entertainment, contest of skill, or amusement, whether or not registering a score. It shall include, but not be limited to, such devices as electronic or mechanical game machines, pinball machines, bowling machines, and any other mechanical or electronic games or operations similar thereto, but shall not include coin-operated pool tables, coin-operated phonographs, jukeboxes, and merchandise vending machines.

Commercial-type and non-commercial-type uses.

(1)

Commercial-type uses means those which primarily do involve the sale of goods or services, usually intended for a wide spectrum of the consumers. These uses are typically open to the patrons for business transactions at least six days per week, at least six consecutive hours each day between the hours of 6:00 a.m. and 2:00 a.m., the following day. Examples of commercial-type uses include a bakery with walk-in retail sales, bank, bookstore, clothing store, grocery store, barber shop, night club, hotel, hardware store, movie theatre, restaurant, auto repair, or other similar uses.

(2)

Non-commercial-type uses means those which primarily do not involve the sale of goods or services to a wide spectrum of the consumers. These uses typically offer limited hours where employees, patrons, members or guests are present at the premises, during very specific or limited hours either by design of the service being offered, or by blocks of time reserved for the use of employees, patrons, members or guests. Examples of non-commercial-type uses may include a private club, meeting hall, place of worship, instructional or counseling facility.

Non-commercial-type uses may be permitted in the B-1 through B-5 zoning districts as a class 1 or class 2 non-commercial-type use as follows:

a.

Class 1 non-commercial-type use are those having operational components that meet the definition of a commercial-type use, and may be permitted on the ground floor street level only by conditional use permit.

b.

Class 2 non-commercial-type uses are those having operational components that do not meet the definition of a commercial-type use, and may only be permitted by right at levels above the ground floor street level.

Community garden means a plot of land for producing fruits, vegetables or flowers, not including on-site sales and not including on-site distribution.

Community living arrangement means any facility, licensed, or operating or permitted under the authority of the state department of social services, where five or more unrelated persons reside, in which care, treatment, or services above the level of room and board, but less than skilled nursing care, is provided to persons residing in the facility. Such care, treatment, or services are provided as a primary function of such facility. Nursing homes, general hospitals, special hospitals, prisons, jails, prerelease centers, detention centers and foster homes for four or fewer children are not community living arrangements for purposes of this chapter.

Contributing property is a designated property or structure that, in accordance with criteria in section 58-61, contributes to the character or understanding of the historical context of a defined geographic area. A contributing property is designated as one or a multiple of properties or structures that comprise the cohesive basis for the establishment of an H-Historic Properties district.

Convalescent or nursing home means a private home for the care of the aged or infirm, or a place of rest for those suffering from bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

Convenient-cash business. A convenient-cash business, also referred to as a payday loan business, title for cash business, check cashing business or similar enterprise is any person licensed pursuant to Wis. Stat. § 218.05, or a person licensed pursuant to Wis. Stat. § 138.09, who accepts a check or title, holds the check or title for a period of time before negotiating or presenting the check or title for payment, and pays to the issuer an agreed-upon amount of cash, or who refinances or consolidates such a transaction.

Day care center, group means any establishment licensed by the state which provides supplemental parental care and supervision and/or educational instruction to nine or more children under seven years of age during the whole or any portion of the day.

Day care home, family means any establishment licensed by the state which provides supplemental parental care and supervision and/or educational instruction for four to eight children under seven years of age during the whole or any portion of the day in the provider's home.

Delicatessen or butcher means an establishment whose primary intent is to offer for retail sale to patrons prepared or unprepared meal components to carry away for off-premises consumption at a later time.

Development means any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities.

Direct connection means a mechanical connection to the public storm sewer system by an underground private storm sewer system.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Drive-in or drive-through establishment means an establishment where either all or a portion of the operation affords the patron the ability to receive or consume goods, services, entertainment or conduct business while seated in or on a vehicle.

Dwelling means a building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings.

Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by party walls.

Dwelling, detached means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling, multiple-family means a building, or portion thereof, containing three or more dwelling units.

Dwelling, single-family means a building containing one dwelling unit only.

Dwelling, two-family means a building containing two dwelling units.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used, for living, sleeping, cooking and eating.

Electronic message sign (EMS) means a sign that utilizes computer-generated messages or some other electronic means of changing copy; these signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix.

Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Establishment, business means a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

Extended medical care facilities refers to those medical facilities designed to accommodate inpatients in need of lengthy recuperative periods requiring nursing attention and periodic medication.

Extended stay facility means a hotel or motel establishment that offers sleeping accommodations for pay exclusively to tourists or transient guests, for a period of time not to exceed 180 days within a one year period.

Facility or facilities means those physical attributes of a use including, but not limited to, landscaping, trash handling, parking and drive areas, lighting, utilities, signage, display or storage areas, equipment and buildings and appurtenances.

Family means an individual or two or more persons related by blood, marriage, or legal adoption living together as a single housekeeping unit within a dwelling unit, including foster children, domestic servants, and not more than three guests or roomers. The word "family" shall include not more than four unrelated persons living together as a single housekeeping unit.

Finished appearance shall include, but not be limited to, face brick, stone, decorative block, colored or textured panels or surfaces, or some combination thereof, extending from grade to roof line, to give the structure a permanent, painted or decorated and architecturally complete appearance, as approved by the zoning administrator.

Fixed boathouse, as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary high water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudholes attached to the bend of the waterway.

Flea market means a use occupying a building, structure or vacant lot whereby the owner or his agent sells, leases or makes available space to transient merchants who vend, sell or dispose of, or offer to vend, sell or dispose of, new or used goods, wares or merchandise daily or at less frequent intervals; such term does not include arts and craft fairs, bazaars, festivals, or similar activities held by nonprofit organizations, neighborhood garage or rummage sales, or any farmer or truck gardener selling or disposing of products of the farm or garden occupied or cultivated by him.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by:

(1)

The overflow or rise of inland waters.

(2)

The rapid accumulation or runoff of surface waters from any source.

(3)

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior.

(4)

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation on a flood event to locations along a stream or river.

Flood protection elevation shall correspond to a point two feet of freeboard above the water surface profile associated with the regional flood and the official floodway lines.

Floodplain means land which has been or may be covered by floodwater during the regional flood.

Floodproofing involves any combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the purpose of reducing or eliminating flood damage to properties, water and sanitary facilities, structures and contents of buildings in flood hazard areas. Floodproofing measures include, but are not limited to:

(1)

Anchorage of structures to foundations.

(2)

Installation of watertight doors, bulkheads and shutters.

(3)

Reinforcement of walls and floors to resist water pressure.

(4)

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

(5)

Addition of mass or weight to structures to prevent flotation.

(6)

Construction of walls, water supply and waste treatment systems so as to prevent the entrance of floodwaters into such system.

(7)

Subsurface drainage systems, including pumping facilities to relieve external foundation wall and basement floor pressures.

(8)

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

(9)

Placement of essential utilities above flood protection elevations.

Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry and discharge the floodwater and flood flows associated with the regional flood.

Floor area, for determining floor area ratio, means the sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The "floor area" of a building shall include basement floor area, elevator shafts, and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area."

The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; i.e., ten feet in height shall equal one floor.

Floor area, for determining off-street parking and loading requirements, means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any 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 measurement for off-street parking spaces, shall not include floor area devoted primarily to storage, except as otherwise noted herein; floor area devoted to off-street parking or loading facilities including aisles, ramps, and maneuvering space; and floor area devoted to stairways, halls, elevators, utilities, restrooms or incidental offices.

Floor area ratio (FAR) means the floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

Freeboard means a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. "Freeboard" compensates for the many unknown factors that contribute to flood heights greater than the heights calculated.

Frontage means the length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Frontage, zoning lot means the length of all the property of such zoning lot fronting on a street, measured between side lot lines.

Garage, private means a detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.

Garage, public means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop or the rebuilding, dismantling, or storage of wrecked or junked vehicles, unless expressly authorized.

Garage, storage means a building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired, or sold.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Graphic, wall means an illustration applied directly to and made integral with a wall or window surface. The painting of a wall in a single color shall not be considered a wall graphic.

Ground floor means that level of a building located substantially at grade.

Health and medical institutions means those structures and facilities designed and used for the purpose of surgery, treatment of illnesses, therapeutic treatment, administration of health care, and medical research. For the purpose of this chapter, medical and dental clinics shall not be included in the term "health and medical institutions."

Historic structure means any structure:

(1)

Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the national register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by any approved state program, as determined by the Secretary of the Interior; or directly by the Secretary of the Interior in states without approved programs.

Home occupation means any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; no substantial amount of stock in trade is kept or commodities sold; no person is employed other than a member of the immediate family residing on the premises; no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes; and the occupation or profession does not involve dealing directly with consumers on the premises. No accessory building shall be used for such home occupations.

Hotel means a place offering sleeping accommodations for pay exclusively to tourists or transient guests, all in a building or area that has a centralized means of ingress and egress and provides internal access to guest rooms, a lobby, front desk, and other amenities.

Identification sign means a sign that identifies only the activity, business, structure, building name, owner, or occupant of the premises to which the sign relates and/or the street address of said premises.

Impervious surface means a horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, semi-impervious surfaces such as compacted gravel or clay, as well as streets, roofs, sidewalks, parking lots and other similar surfaces.

Incompatible use means a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.

Industrial park means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

Junkyard or salvage yard means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" or "salvage yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Lodginghouse: See roominghouse.

Lot means a parcel of land which is either a "lot of record" or a "zoning lot."

Lot area, gross means the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters or a duly recorded lake or river.

Lot, corner means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot, interior means a lot other than a corner or reversed corner lot.

Lot line, front means that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line. In the case of landlocked or partially landlocked land, the front lot line shall be that lot line that faces the access to the lot.

Lot line, rear means that boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.

Lot line, side means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means a lot which is part of a subdivision recorded in the office of the county register of deeds, but which has not been reduced from its platted size by conveyance of a part thereof; or is a parcel of land, the deed to which was recorded in the office of such register of deeds prior to May 1, 1961.

Lot, reversed corner (butt lot) means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through means a lot having a pair of opposite lot lines along two or more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.

Lot, width means the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback lines.

Lot, zoning means a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

Marquee means a roof-like structure of a permanent nature which projects from the wall of a building.

Message means anything displayed on a sign, including copy, art animations, graphics, etc.

Message, public service information means a message on a sign which provides the time, date, temperature, weather, or information concerning civic, charitable, or other noncommercial activities.

Message, segmented means any message or distinct subunit of a message presented by means of at least one display change on an electronic sign.

Message, traveling means a message which appears to move across an electronic sign.

Mezzanine means an intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

Mixed use development means a building or grounds intended to accommodate more than one use, either by right or by conditional use permits within a zoning district.

Mixed use-flex development means a building or group of buildings and/or grounds redeveloped to accommodate uses that may not be included as those uses permitted either by right or by conditional use permit, within the zoning district in which it is located.

Mixed use-planned development as defined in 114-182.

Mobile home or manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. For the purposes of this chapter, such term does not include recreational vehicles or travel trailers which remain licensed and ready for highway use and remain on-site less than 180 days.

Mobile home park means a parcel or tract of land developed with facilities for locating mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath. Such term shall not include a sales lot in which automobiles or unoccupied mobile homes are parked for the purpose of inspection or sale. Mobile home parks shall comply with all requirements of this chapter.

Motel means a place offering sleeping accommodations for pay exclusively to tourists or transient guests, all in a building or area that allows direct access to guest rooms and other facilities and amenities via exterior ingress and egress.

Motor freight terminal means a building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted, and/or rerouted for local, intrastate or interstate shipment by motor truck.

Mural means an illustration applied directly to and made integral with a wall or window surface. The painting of a wall in a single color shall not be considered a mural.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within the state, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of the state, including the state portion of boundary waters which are navigable under the laws of this state.

Case Law reference— The State Supreme Court has declared as navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis, Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975). As an example, a stream which is navigable by a skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.

Nonconforming building or structure means any building or structure, lawful at the time of enactment of this chapter, which:

(1)

Does not comply with all of the regulations of this chapter or of any amendment hereto for the zoning district in which such building or structure is located;

(2)

Is designed or intended for a nonconforming use.

Nonconforming use means any use of land, buildings, or structures, lawful at the time of the enactment of this chapter, which does not comply with all of the regulations of this chapter or of any amendment hereto governing use of the zoning districts in which such use is located.

Off-premises sign means a sign, electronic or otherwise, which directs attention to a business, profession, person, activity, commodity, or service which is conducted, sold or offered at a location other than the premises on which the sign is located.

On-premises sign means a sign, electronic or otherwise, which directs attention to a business, profession, person, activity, commodity, or service located on a premises where the sign is installed and maintained.

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

Overnight parking, for the purposes of this chapter, shall constitute the parking of a motor vehicle, boat or trailer between the hours of 11:00 p.m. and 7:00 a.m.

Parking space means an enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress. Such space shall be at least nine feet in width and 19 feet in length and shall meet all other requirements of article XI, division 2.

Pawnbroker business means any business that engages in the business of lending money on the deposit or pledge of any article or jewelry, or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.

Philanthropic or charitable institutions means those structures and/or facilities devoted to the betterment and/or improvements of community life, including but not limited to such institutions as the YMCA, YWCA, and educational or charitable foundations.

Planned development means a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developer as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

Private storm sewer means a storm sewer owned by a private party, and located on private property or in the public right-of-way by permit; and that carries stormwater, surface water, drainage, unpolluted industrial water discharges, such as cooling and air conditioning water, but excludes sewage.

Professional office means the office of a doctor, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, or other recognized professional. When conducted in a residential district, a professional office shall be incidental to the residential occupation; and 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 nameplate, not exceeding one square foot in area, containing the name and profession of the occupant, may be exhibited. The occupant of the professional office shall also be the occupant of the dwelling unit.

Property lines means the lines bounding a zoning lot, as defined in this section.

Public nuisance means any downspout, sump pump, or other clear water source that discharges onto any area (public or private) that serves vehicular or pedestrian traffic and is deemed to be a safety hazard by the commissioner of public works or the chief building inspector.

Public storm sewer means a storm sewer owned by the city, and located in the right-of-way, utility easement, or prescriptive easement on private property; and that carries stormwater, surface water, drainage, unpolluted industrial water discharges, such as cooling and air conditioning water, but excludes sewage.

Public way means any sidewalk, street, alley, highway, or other public thoroughfare.

Reciprocal window signs means those window signs displayed by a business for which there is an agreement entered into with another businesses to offer special services, products or pricing to each other's customers in exchange for proof of good or services purchased at each other's business. Such window signage shall not be considered to be advertising signs as defined and regulated by this chapter.

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. The regional flood is also called the "base flood."

Reservoir parking facilities are those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

Restaurant means a business establishment within which food is offered for sale and consumption only within the structure on the premises.

Restaurant, drive-in: See drive-in establishment.

Restaurant, takeout: See drive-in establishment.

Roadside stand means a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

Roominghouse means any dwelling containing two or more rooming units in which persons either individually or as families are housed, with or without meals for compensation.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.

Rummage, garage, yard, patio, tag, attic, moving, or junk sale (or the like) is defined as a sale of personal property accumulated during the course of ordinary residential living by selling the same to the public, conducted by any occupant from any location on the premises on any residential property. Rummage sales may also be allowed on properties of a religious or a nonprofit organization.

Seasonal business, for the purposes of section 114-1038, means an establishment operating from within a permanent building that totals less than 1,000 square feet in floor area, that operates only during a specific time period of the year and is dormant or closed during the other time periods of the year, and where customers do not have access to the interior of the building when receiving goods or services.

Secondary religious facilities means those auxiliary facilities or services which are necessary and incidental to the operation of a principal religious institution, including but not limited to educational, recreation, and social facilities.

Setback indicates the maximum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot.

Shoreland-wetland district means the zoning district, created in the shoreland-wetland regulations set out in article IX of this chapter, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of section 114-916.

Shorelands means the lands within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond or flowage, or 300 feet from a river or stream or the landward side of the floodplain, whichever distance is greater.

Short term rental, or tourist rooming house, as defined by Chapter 66.0615 (1)(dk) and 97.01(15K) and of the Wisconsin State Statutes, means a residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days, and any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourist or transients. This definition does not include private boarding or rooming houses, ordinarily conducted as such, not accommodating tourists or transients, hotels, or bed and breakfast establishments.

Sign means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. The term "sign" shall not include a sign located completely within an enclosed building, which sign is not visible from outside the building, unless the context shall so indicate.

Sign, cross area of means the entire area within a single continuous perimeter enclosing the extreme limits of the sign and in no case passing through or between any adjacent elements of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. When two sides of a double-faced sign are located not more than 36 inches apart at the widest point and not more than 12 inches apart at the narrowest point and display identical messages or other representation, the gross area shall include only one of the sides. Any additional side of a multifaced sign shall be considered as a separate sign for purposes of computing the total gross area of the sign. The gross area of a fascia shall be calculated by the total square footage encompassed by the fascia, including the area between letters.

Sign, directly illuminated means a sign designed to give forth any artificial or reflected light directly from a source of light incorporated in or connected to such sign.

Sign, electronic message means a changeable message sign whose message is electronically activated such as with lightbulbs or mechanical flip disks.

Signs, flashing means any sign which moves or contains or gives the illusion of an intermittent or flashing light source. Electronic message signs or time and temperature signs which do not move are not flashing signs.

Sign, indirectly illuminated means a sign designed to give forth a reflected light which is provided from an artificial source not within or connected to such sign.

Sign, monument means an identification sign which is so designed and constructed as to complement the premises being identified. Ordinarily, the letters or numbers of such sign are engraved into or raised upon natural stone, heavy lumber, or masonry.

Sign, obsolete means any sign which no longer correctly directs or exhorts any person; or advertises a business, service, product, tenant, or activity no longer conducted, available, or in existence.

Sign, projecting means a sign which extends more than six inches from the face of the wall of the structure to which it is affixed.

Sign, roof means a sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by such building.

Sign, window means any temporary sign affixed to the interior or exterior of a window, or any sign located inside a building within six feet of the interior side of a window and displayed so as to attract the attention of persons outside the building. Merchandise which is included in a window display shall not be considered as part of a window sign.

Story means that part of a building between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is six feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.

Street means a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.

Structural alteration means any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

Structure means anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground, stream or lakebed. Structures shall include solar apparatus, windmills, satellite earth stations, swimming pools, etc.

Substantial improvement means any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which existed before the improvement began, was identified by a municipal official and is necessary to assure safe living conditions.

(2)

Any alteration of a designated historical (see definition) structure or site documented as deserving preservation by the state historical society, or listed on the National Register of Historical Places, provided the alteration will not preclude the structure's continued designation as a historical structure.

Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. "Substantial improvement" begins when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Takeout-carryout restaurant means an establishment where the areas devoted to food preparation, related activities, and other areas not accessible to the public (walk-in coolers, food lockers, etc.), totals over 50 percent of the floor area of the occupancy, or where it is anticipated that over 50 percent of patron visits involves the ability of patrons to order and carry away prepared foods for off premise consumption.

Tattoo establishments as defined in Wis. Admin. Code § HFS 173.03(22).

Tourist or transient guest means a person who travels to a location away from their permanent address and occupies a temporary living accommodation for a period of time which is less than 30 consecutive days for vacation, pleasure, recreation, culture, business or employment.

Townhouse means a multiple-family dwelling which is one or two stories in height, usually with the living room, dining room and kitchen on the ground floor, with sleeping rooms on the second floor. Townhouses provide flexibility by allowing several single-entry, single-family dwelling units to be constructed in one structure. This type of construction provides low lot coverage with open space and landscaping.

Traditional neighborhood development means a compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.

Trailer means a movable or portable unit to be towed on its own chassis and which is used for recreational purposes, and is not designed for permanent or long-term residence.

Usable leisure space means a readily accessible area of a lot, tract or structure which is exclusively designed and used for outdoor living, recreation, gardening, landscaping or other leisure activities by the occupants of the development. Such space may be provided on accessible ground or roof areas, balconies, decks, porches, or terraces, indoors or outdoors. The location, size and use of "usable leisure space" shall be subject to the approval of the zoning administrator. However, in no case shall usable leisure space be located in a required yard.

Use of property 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, conditional means a 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. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted, subject to the terms of this chapter. Conditional use approval shall be required prior to the establishment of any principal conditional use, and/or any use ancillary or accessory to a conditional use, such as parking facilities, storage yards, etc.

Use, permitted means a 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, principal means the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional."

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Wetlands means an area where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Yard means an open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in section 114-3. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

Yard, corner side means a side yard which adjoins a public street.

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

Yard, interior side means a yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

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

Yard, side means a yard extending along a side lot line from the front yard to the rear yard.

Yard, transitional means that yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residence district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residence or business district.

Zoning administrator means the chief building inspector.

(Code 1973, §§ 16.12.010—16.12.2700; Ord. No. 3-94, pts. 7—10, 2-16-94; Ord. No. 9-98, pt. 1, 7-21-98; Ord. No. 17-98, pt. 1, 10-6-98; Ord. No. 3-99, pt. 23, 2-17-99; Ord. No. 18-99, pt. 1, 12-21-99; Ord. No. 19-99, pt. 1, 1-18-00; Ord. No. 5-01, pt. 1, 2-21-01; Ord. No. 2-02, pt. 1, 2-20-02; Ord. No. 15-04, pt. 1, 4-19-04; Ord. No. 20-06, pt. 1, 5-24-06; Ord. No. 25-06, pt. 1, 7-28-06; Ord. No. 4-07, pt. 1, 5-1-07; Ord. No. 07-8, pt. 1, 5-6-08; Ord. No. 11-08, pt. 1, 6-17-08; Ord. No. 4-09, pt. 10, 2-18-09; Ord. No. 12-10, pt. 1, 7-6-10; Ord. No. 11-14, pts. 6, 7, 9-23-14; Ord. 9-17, pt. 1(Att.), 6-20-17; Ord. No. 0004-18, pt. 1, 5-15-18; Ord. No. 0018-19, pts. 1—3, 8-7-19; Ord. No. 0001-19, pt. 1, 3-27-19; Ord. No. 0026-19, pt. 33, 11-12-19)

Cross reference— Definitions generally, § 1-2.

State Law reference— Imposition of retail sales tax, Wis. Stat. § 77.52(2)(a)1; Bed and breakfast establishments, definition, Wis. Stat. § 73.03(3).

(a)

The city's zoning ordinance is adopted with the purpose of protecting and promoting the public health, safety, morals, comfort, prosperity, and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking to:

(1)

Lessen congestion on the public streets.

(2)

Avoid undue concentration of population.

(3)

Prevent the overcrowding of land, thereby ensuring proper living and working conditions and preventing the development of blight and slums.

(4)

Establish adequate standards for the provision of light, air, and open spaces.

(5)

Facilitate the provision of adequate transportation, and of other public requirements and services such as water, sewerage, schools, and parks.

(6)

Zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(7)

Protect residential, business, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

(8)

Avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage.

(9)

Fix reasonable standards to which buildings and structures shall conform.

(10)

Encourage reasonable flexibility of development design through appropriate innovation.

(11)

Facilitate the recognition of beauty and aesthetics as a value and standard throughout the city.

(12)

Prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed in this chapter.

(13)

Foster a more rational pattern of relationship between residential, business, commercial, and manufacturing uses for the mutual benefit of all.

(14)

Isolate or control the location of unavoidable nuisance producing uses.

(15)

Define the powers and duties of the administrative and enforcement officers and bodies.

(16)

Prescribe penalties for any violation of the provisions of this chapter, or of any amendment thereto.

(b)

The standards and requirements contained in this chapter, and the district mapping reflected on the city zoning map, are intended to further the implementation of the objectives of the proposed comprehensive plan for the city's urban planning district, as well as protect all desirable existing structures and uses.

(Code 1973, § 16.02.010)

(a)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(b)

Where the conditions imposed by any provision of this chapter, 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 chapter 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.

(c)

Although the district requirements are couched in very specific terms in most instances, reasonable flexibility is offered through such devices as conditional use, planned development, floor area ratio, and variances. A principal objective of this chapter is the encouragement of appropriate innovation.

(d)

This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(e)

No building, structure, or use which was not lawfully existing at the time of the adoption of the ordinance from which this section derived shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any manner that, such unlawful building, structure, or use is in conflict with the requirements of this chapter, such building, structure, or use remains unlawful hereunder.

(f)

Except as specified in this chapter, it is not intended by this chapter to nullify, abrogate, or in any way impair or interfere with any rules, regulations, permits or special conditions granted or imposed in group housing, conditional use, or community shopping center plans previously approved by the city. However, the city reserves jurisdiction in all such cases, with the right to review and alter such previously approved plans.

(Code 1973, § 16.05.010)

It is hereby declared to be the intention of the common council that the several provisions of this chapter are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in such judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or other structure, such judgment shall not affect the application of provision to any other property, building, or structure not specifically included in such judgment.

(Code 1973, § 16.05.020)

(a)

All buildings erected after the effective date of the ordinance from which this chapter derived, all uses of land or buildings established after the effective date of the ordinance from which the ordinance derived, and all structural alteration or relocation of existing buildings occurring after the effective date of the ordinance from which this chapter derived shall be subject to all regulations which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

(b)

Notwithstanding subsection (a) of this section, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter derived and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, such building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions of article IV of this chapter regarding nonconforming buildings, structures, and uses. Any subsequent text or map amendment shall not affect previously issued valid permits.

(c)

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 chapter, 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.

(d)

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 commercial or industrial district, or used for any purpose not permitted in a residence district.

(Code 1973, § 16.05.030)