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

(Ord. No. 1-04, § I(1), 3-1-2004)

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

(Ord. No. 1-04, § I(3), 3-1-2004)

It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the village; and implement the village comprehensive plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Ord. No. 1-04, § I(4), 3-1-2004)

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

Abutting means having a common property line or district line.

Accessory building means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. When an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard requirements of the main building shall be applied to the accessory building.

Alley means a street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.

Apartment means a portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.

Apartment house. See Dwelling, multifamily.

Basement means a story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.

Billboard means an advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment on the property upon which it is located.

Boardinghouse means a building other than a hotel where lodging and meals are furnished for compensation for three or more persons not members of a family.

Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. 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, alterations of. See Structural alterations.

Building area means the total living area bounded by the exterior walls of a building at the floor level, but not including a basement not qualified for living area under the state building code, a garage, an unfinished and unheated porch and an attic.

Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitched roof.

Certificate of occupancy means a written statement issued by the building inspector which permits the use of a building or lot or a portion of a building or lot and which certifies compliance with the provisions of this chapter for the specified use and occupancy.

Conditional use means a use of a special nature so as to make impractical its predetermination as a principal use within a district.

Condominium means the ownership of single units in a multi-unit structure or of single units on a tract with more than one such unit where the land or other common areas and facilities are owned jointly.

Dwelling means:

(1)

One-family dwelling means a detached building designed for or occupied exclusively by one family.

(2)

Two-family dwelling means a detached or semi-detached building designed for and occupied exclusively by two families.

(3)

Multifamily dwelling means a building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.

Dwelling unit means a separate housekeeping unit, designed and used for occupancy by a single family.

Family means any number of persons related by blood, adoption or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.

Farm means land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption or use.

Floor area means:

(1)

For residential uses, the gross horizontal area of the floor of a dwelling unit, exclusive of unfinished and unheated porches, balconies, garages and basements qualified for living area under the state building code, measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units.

(2)

For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the centerline of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

Front yard means the yard facing or adjacent to the street to which the property address is assigned.

Frontage means all 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 means:

(1)

Private. An accessory building, attached or detached, used for the purpose of storage of vehicles and miscellaneous equipment.

(2)

Public. Any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.

(3)

Storage. Any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold. No commercial motor vehicle exceeding two tons' capacity shall be stored in any storage garage.

Home occupation means a gainful occupation conducted by members of the family only within their place of residence, provided that no article is sold or offered for sale on the premises except such as is produced by such occupations, that no stock in trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that no sign other than one unlighted name plate not more than one foot square is installed and that no person other than a member of the immediate family living on the premises is employed. Outdoor storage of raw materials or finished products is not allowed.

Hotel, motel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Lot means a parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter and abutting on a public street or officially approved place.

(1)

Corner. A lot abutting on two or more dedicated and accepted streets at their intersections, provided that the interior angle of such intersection is less than 135 degrees.

(2)

Interior. A lot other than a corner lot.

(3)

Through. An interior lot having frontage on two nonintersecting streets.

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

Lot lines means the lines bounding a lot as defined herein.

Manufactured home means a structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC 5401 to 5425 and a mobile home, unless a mobile home is specifically excluded under the applicable statute.

Manufactured/mobile home park means any lot on which two or more manufactured or mobile homes are parked for the purpose of temporary or permanent habitation.

Mobile home means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. The term "mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

Motel. See Hotel.

Nonconforming use means a building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.

Nursery means any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

Nursing home means any building used for the continuous care, on commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

Parking stall means an off-street space, available for the parking of a motor vehicle and which, in this chapter, is held to be an area ten feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

Professional home office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in an R-1 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. Only one person may be employed who is not a resident of the home.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Setback means the minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps and ADA compliant ramp.

Shopping center means a group of stores, planned and designed for the site on which it is built, functioning as a unit with off-street parking provided on the property as an integral part of the unit.

Sign means any words, letters, figures, numerals, phrases, sentences, emblems, devices or designs visible from a public street or highway which convey information regarding the use or ownership of the establishment on the same property upon which it is located, as distinguished from a billboard.

Special exception means a use that is prohibited under this chapter, but which may be granted by the village board upon application and referral to the plan commission on a case-by-case basis under circumstances where the board finds that granting a special exception would not be contrary to the public interest and if not granted would result in undue practical difficulty.

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Street means all property dedicated for public street purposes.

Street line means a dividing line between a lot, tract or parcel of land and an abutting street right-of-way.

Structural alterations mean any change in the supporting members of a building or any change in the roof structure or in the exterior walls.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground; i.e., gazebo, playhouse, garden shed or any other similar structure.

Temporary structure means a movable structure which does not require a permanent location on the ground and which is not attached to something having a permanent location on the ground.

Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a use subordinate in nature, extent or purpose to the principal use of a building or lot and which is also an approved use if so stated in this chapter.

Use, conditional. See Conditional use.

Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.

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

Utilities means public and private facilities such as water wells, water and sewer pumping stations, water storage tanks, electric transmission towers, electric lines, electric transmission substations, gas transmission regulation stations, telephone and telegraph exchanges, microwave relay structures, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

Vision clearance means an unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

(1)

Front yard or setback. A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps and ADA compliant ramp.

(2)

Rear yard. A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building excluding uncovered steps and ADA compliant ramp.

(3)

Side yard. A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.

Zoning district means an area within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.

Zoning permit means a permit stating that the placement of and the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.

(Ord. No. 1-04, § I, 3-1-2004)

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

(Ord. No. 1-04, § I(5), 3-1-2004)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be deemed a limitation or repeal of any other power granted by the state statutes.

(Ord. No. 1-04, § I(6), 3-1-2004)

No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this chapter and all other applicable village, county and state regulations.

(Ord. No. 1-04, § I(1), 3-1-2004)