(a)

Generally. 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. In the construction of this chapter, the rules and definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise.

Accessory building or use means one which:

(1)

Is subordinate and incidental to, and serves, a principal building or principal use;

(2)

Is subordinate in area, extent and purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

(4)

Is located on the same zoning lot as the principal building or use served, with the single exception of such accessory off-street parking facilities as are permitted or located elsewhere than on the same zoning lot with the building or use served.

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 and is less than 21 feet wide.

Apartment hotel means a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.

Auto laundry means a building or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices.

Basement means that portion of a building the floor-line of which is below lot grade and the ceiling of which is not more than five feet above lot grade.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or boundary lines of the city.

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

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. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.

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

Building height means the vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the under side of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the street grade.

Bulk means the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:

(1)

Size and height of buildings.

(2)

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

(3)

All open spaces allocated to buildings.

(4)

Amount of lot area provided per dwelling unit.

Capacity in persons means the maximum number of persons that can avail themselves of the services, or goods, of such establishment, at any one time, with reasonable safety and comfort, as determined in the building code or as may be determined by the building inspector or zoning administrator.

Clinic, medical or dental, means an organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include in-patient care.

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 and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcohol beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcohol beverages is in compliance with the applicable federal, state and local laws.

Curb level means, for any building, the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished street grade shall be considered the curb level.

District means a portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

Drive-in establishment means an establishment which accommodates the patrons' automobiles, from which the occupants may watch, purchase, etc.

Dwelling means a building, or portion thereof, but not a mobile home, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotel or lodginghouses. One principal dwelling shall be allowed on one lot.

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

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

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

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

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

Dwelling unit means a unit consisting of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.

Efficiency unit means a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

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. Direct access to each business establishment shall be separate and distinct from direct access to any other business establishment, and in no case shall there be access to one such establishment from within another such establishment.

Family means one or more persons each related to the other by blood, marriage or adoption, who are living together in a single dwelling and maintaining a common household, or persons who live together in one single dwelling as a single housekeeping entity, not to exceed four unrelated persons. The term "family" includes foster children and stepchildren.

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

Garage, storage, means 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 and vehicles are not equipped, serviced, repaired, hired or sold. No commercial motor vehicle exceeding two tons capacity shall be stored in any storage garage.

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

Guest, permanent, means a person who occupies or has the right to occupy a hotel or apartment hotel accommodation as the person's domicile and place of permanent residence.

Guesthouse means a detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests; such quarters shall not be rented.

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 occupation, 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.

Hotel means an establishment which is open to transient guests, in contra-distinction to a boarding room or lodginghouse, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

Incompatible use means a use or service which is incapable of 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 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. The term "junkyard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

Lodging room means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite or rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room for the purposes of this chapter.

Lodginghouse (boardinghouse and roominghouse) means a residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.

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 of 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 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 line.

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, the plat of which has been recorded in the office of the county register of deeds, or a parcel of land, the deed to which was recorded in the office of said register of deeds prior to the adoption of the ordinance from which this chapter is derived.

Lot, reverse corner, 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 side 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 a lot depth immediately in back of the front yard setback line.

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, the term "zoning lot" may or may not coincide with the term "lot of record."

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

Motel means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service, and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a motel, less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

Motor vehicle means any passenger vehicle, truck, truck-trailer, or semitrailer propelled or drawn by mechanical power.

Municipal water system means a water system owned by a city, village, utility district, or municipal water district for the provision to the public of piped water for human consumption through pipes or other constructed conveyances which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

Municipal well means a well owned by a municipality that is used to supply water to a municipal water system.

Nonconforming building or structure means any building or structure which:

(1)

Does not comply with all of the regulations of this chapter or any amendment hereto governing bulk for the zoning.

(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 the ordinance from which this chapter is derived, which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

Planned development means a tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development allows for flexibility not available under normal zoning district requirements.

Professional 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 a residential district, a professional office shall be incidental to the residential occupation, not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office and only one unlighted name plate, not exceeding one square foot in area, containing the name and profession of the occupant of the premises shall be exhibited.

Property lines means the lines bounding a zoning lot, as defined herein.

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

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

Roadside stand means a structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered, and not wholly enclosed, and used solely for the sale of farm products on the premises. No such roadside stand shall be more than 300 square feet in ground area and there shall be not more than one roadside stand on any one premises.

Setback means the minimum horizontal distance between the front line of a building or structure and the front property line.

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, produce, place, activity, person, institution, organization, or business; however, the term "sign" does not include any display of official court or public office notices nor shall it include the flag, emblem, nor the term "sign" include a sign located completely within an enclosed building unless the context shall so indicate.

Sign, advertising, means a sign 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.

Sign, business, means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.

Sign, flashing, means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use.

Sign, gross area of, means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same; however, such perimeter shall not include any structural elements lying outside such limits of such sign and not forming an integral part of the display.

Story means that part of a building between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling is five 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.

Story, half, means the space under any roof except a flat roof, which, if occupied for residential purposes shall be counted as a full story.

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 building, such as the addition, removal, or alteration of bearing walls, columns beams, girders or foundations.

Temporary structure means a movable structure that is not designed for longterm human occupancy or the longterm storage of goods or chattels. Temporary structure also means any building or structure not within the scope of chapter 11, "Buildings and Building Regulations" of this Code. Temporary structures include but are not limited to stands, displays, kiosks and tents.

Tower, broadcast means those towers addressed in section 55-360 of this Code.

Tower, mobile means those towers addressed in section 55-361 of this Code.

Use means the purpose of 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. 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. A conditional use permit may be granted only by the common council after public hearing and written recommendation by the city plan commission.

Use, permitted, means a use which may be lawfully established in a particular district, 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.

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 55-8. 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 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 side 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 district or business district.

(b)

Finite definitions. In further amplification and for clarity of interpretation of the context, the following finite definitions of word use shall apply:

Building. The word "building" includes all other structures of every kind regardless of similarity to buildings.

Lot. The word "lot" shall include the words "piece," "parcel," and "plots."

May. The word "may" is permissive.

Shall. The word "shall" is mandatory and not discretionary.

Tense. 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.

Used for. The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

In this chapter all measured distances shall be to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be taken.

(Code 1986, § 10.03; Ord. of 5-14-2013, § 1; Ord. of 6-14-2016(1), § 1; Ord. of 9-13-2016(6), § 1; Ord. of 11-13-2018(3), § 1)

(a)

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $25.00, nor more than $500.00 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned until such forfeiture and costs are paid, but not exceeding 30 days. Each day that a violation continues to exist shall constitute a separate offense.

(b)

The city may also institute any appropriate action or proceeding to enjoin or abate a violation of this chapter.

(Code 1986, § 10.18; Ord. of 9-13-2016(7), § 1)

(a)

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, forfeit not less than $25.00, nor more than $500.00 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned until such forfeiture and costs are paid, but not exceeding 30 days. Each day that a violation continues to exist shall constitute a separate offense.

(b)

The city may also institute any appropriate action or proceeding to enjoin or abate a violation of this chapter.

(Code 1986, § 10.02(1); Ord. of 9-13-2016(7), § 1)

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

(Code 1986, § 10.02(2))

The provisions of this chapter shall be interpreted and applied as minimum requirements, shall be construed in favor of the city, and shall not be deemed a limitation or repeal of any other power granted by the state statutes.

(Code 1986, § 10.02(3))

(a)

Jurisdiction of this chapter shall include all lands and waters within the city.

(b)

Nothing herein contained shall require any changes of plans, construction size or designated use of any structure or park area for which a building permit has been issued before the effective date of the ordinance from which this chapter is derived and the construction of which has already been substantially started within six months from the date of such permit.

(Code 1986, § 10.04(1))

(a)

Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(b)

Any permanent roofed structure serving an accessory use attached to the principal building shall be considered part of such principal building for all regulatory purposes.

(Code 1986, § 10.04(2))

Every part of the required area of the yard shall be unobstructed except for accessory buildings and the ordinary projections of sills, cornices and ornamental features. Fire escapes may project into the required yard not more than five feet.

(Code 1986, § 10.04(3))

(a)

Corner lots. Visual setback lines at the intersections of public streets shall be bounded by the inner street lines and a line connecting them 25 feet from their intersection. Within this triangle no fence, wall, shrub planting or other object shall be allowed in excess of 2½ feet above the street. This shall not apply to tree trunks.

(b)

Front yards. No fence, wall, shrub planting or other object shall be erected on any interior lot within ten feet of the front property line and not to exceed 2½ feet in height in such a manner as to interfere with traffic visibility from a driveway. Open fences that do not restrict visibility more than 50 percent can be erected up to the front lot line.

(c)

Side and rear yards. No fence, wall, shrub planting or other object along a side line or rear line of a lot shall be higher than six feet, subject to the limitations of subsection (b) of this section.

(Code 1986, § 10.04(4); Ord. of 9-9-2014, § 1)

In any district no building or structure shall be hereinafter erected or structurally altered to a height in excess of that specified by the regulation for that district. The height regulation described herein shall not apply to chimneys and flues, electrical transmission lines, elevators, bulkheads, fire towers, monuments, penthouses, stacks, scenery walls, tanks, masts, aerials, silos, conveyors, broadcast towers, mobile towers, or flagpoles.

(Code 1986, § 10.04(5); Ord. of 11-13-2018(3), § 2)

(a)

General setback, lot size and other dimensional requirements applicable to the various zoning districts are indicated under the zoning district.

(b)

Corner lot. The width of the yard along side streets shall not be less than any required from yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 30 feet, nor closer than five feet, to any side lot line.

(Code 1986, § 10.04(6))

All district boundaries shall be along street lines, lots or along natural geographic conditions.

(Code 1986, § 10.04(7))

Municipal wells and appurtenant facilities are a permitted use in all zoning districts.

(Ord. of 5-14-2013, § 2)