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Sheboygan Falls City Zoning Code

§ 365-2

Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
Any building, except the principal building on a lot, which:
A. 
Is subordinate to and serves a principal structure or a principal use;
B. 
Is subordinate in area, extent, and purpose to the principal structure or use served;
C. 
Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provision of this chapter; and
D. 
Is customarily incidental to the principal structure or use. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
ALLEY
A public street or thoroughfare affording only secondary access to abutting properties.
BASEMENT
A story partly underground, which, if occupied for living purposes or used for business purposes, shall be counted as a story for purposes of height measurement.
BOARDINGHOUSE
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
Any structure used, designated or intended for the protection, shelter, enclosure or support of persons, animals or property.
BUILDING HEIGHT
The vertical distance from the top of the building roof to the average elevation at the front property line.
CELLAR
A story having more than 1/2 of its height below the mean level of the adjoining ground. A cellar shall not be occupied for living purposes and shall not be counted as a story for purposes of height measurements.
CLEAR SPACE
Any area not covered by a building.
DWELLING, MULTIPLE-FAMILY
A building, or portion thereof, designed for and occupied by three or more families.
DWELLING, SINGLE-FAMILY
A detached building designated for, or occupied exclusively by, one family. All single-family dwellings (including manufactured dwellings, manufactured homes, and modular homes) shall meet all of the requirements as follows:
A. 
Shall be set on an enclosed foundation in accordance with § 70.043(1), Wis. Stats.,[1] which meets the standards set forth in Subchapters III, IV, and V of Chapter SPS 321, Wisconsin Administrative Code, Construction Standards, or is set on a comparable enclosed foundation system approved by the Zoning Administrator. The Zoning Administrator may require a plan certified by a registered architect or registered professional engineer to be submitted in order to ascertain that a proposed comparable foundation system provides proper support for the structure.
B. 
Shall be properly connected to utilities.
C. 
Shall have a minimum width of 24 feet.
D. 
Shall have a minimum roof pitch of 4:12 (four feet of rise in 12 feet of run).
E. 
Shall have a minimum floor area as defined in each of the individual zoning district requirements following in this chapter.
F. 
Shall have exterior wall coverings consisting of any of the following:
(1) 
Wood or simulated wood;
(2) 
Brick or stone; or
(3) 
Noncorrugated aluminum, steel or vinyl siding.
G. 
Shall have a permanent foundation meeting the requirements of the State Uniform Dwelling Code which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade, and shall have a basement with concrete flooring.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two families living independently from each other, and complies with all of the requirements for a single-family dwelling set forth in the definition of "dwelling, single-family" immediately above.
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
FLOOR AREA
The area within the exterior walls of a building which is usable as living quarters.
GARAGE, PRIVATE
An accessory building or space for the noncommercial storage only of not more than four motor-driven vehicles per dwelling.
GARAGE, PUBLIC
Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold, or stored.
GARAGE, STORAGE
Any building or premises used for commercial storage only of motor-driven vehicles and where no vehicle equipment, parts, fuel or oil are sold, and where no vehicles are serviced, repaired, hired, or sold.
HOME OCCUPATION
Any occupation, profession, enterprise, or similar activity conducted on the premises of a dwelling unit by members of the family only with a conditional use permit and that is compatible in size and scope in an urban residential setting. The term does not include hobbies or similar noncommercial activities or remote work from home for an off-site employer. Each home occupation requires conditional use permit approval as provided by § 365-21 of this Code, including notice and a public hearing conducted by the Plan Commission. The application for a home occupation conditional use permit must be filed with the Zoning Administrator. Conditions may be imposed on the home occupation that are related to the intent and purpose of the City's zoning regulations. Conditions will include a restriction that home-occupation-related traffic must occur during normal daytime business hours, a requirement that sufficient on-site parking for occupational vehicles be provided, a requirement that on-site signage must comply with § 365-22 of this Code, and a requirement that the home occupation is not to generate traffic, noise, or other conditions that would create a public nuisance.
HOTEL
All places wherein sleeping accommodations are offered for pay to transients, in five or more rooms, and all places used in connection therewith.
LODGING HOUSE
A building other than a hotel where lodging only is provided for compensation for not more than 12 persons not members of the family.
LOT
A parcel of land described in a recorded plat or deed.
LOT, CORNER
A lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135°.
MOBILE HOME
A mobile home is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway, and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations, and appurtenances.
MOTEL
A hotel that furnishes on-premises parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a "hotel" at the request of the operator.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this chapter, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
PARKING
An area for storage of motor vehicles which is paved with either concrete, asphalt, or gravel.
PERMIT
An official certificate granting permission to act within the provisions of this chapter.
PRINCIPAL BUILDING
A building in which is conducted, or is intended to be conducted, the main or principal use of the lot on which it is located.
PRINCIPAL USE
Any and all uses of a property that are permitted by right or as conditional uses.
RECREATION VEHICLE
A portable unit used for temporary shelter or transportation not exceeding eight feet in width, 30 feet in length and 10 feet in height.
RIGHT-OF-WAY LINE
The dividing line between a lot, tract, or parcel of land and an abutting street.
SETBACK
The minimum horizontal distance between the street right-of-way line or rear lot line and the nearest point of a building.
SIGN
A structure or device, except those placed by the public authorities for public purposes, on which advertising is displayed, or attention is directed to advertising on the same or any other structure by means visible to the eye.
STORY
That portion of a building included between the floor and the surface of the floor next above it, or the space between the floor and the ceiling next above it if there be no floor above it. A basement or cellar having 1/2 or more of its height above grade is a story for purposes of height regulation.
STORY, HALF
The space under any roof, except a flat roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET
All property dedicated or intended for public or private street purposes, or subject to public easements for such purpose.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected having location on the ground designated for human occupancy or for protection of goods or chattels and forming an enclosure.
TEMPORARY STRUCTURE
A removable structure not designed for human occupancy, nor for the protection of goods or chattels, and not forming an enclosure.
TOURIST ROOMING HOUSE or SHORT-TERM RENTAL
All lodging places and tourist cabins or cottages, other than hotels or motels, in which sleeping accommodations are offered for pay to tourists or transients. "Tourist rooming house" does not include private boarding or rooming houses, ordinarily conducted as such, not accommodating tourists or transients, or a bed-and-breakfast establishment.
VARIANCE
A departure from the terms of the Zoning Code where it is shown that unique, physical circumstances applying to a land parcel cause a hardship to the owner, and that the variance still will be in fundamental harmony with surrounding uses.
YARD, FRONT
A yard extending the full width of the lot between the front lot line and the nearest wall of a building.
YARD, REAR
A yard extending the full width of the lot between the rear lot line and the nearest wall of a building.
YARD, SIDE
A yard extending from the front yard to the rear yard between the side lot lines and nearest wall of the principal building.
ZONING ADMINISTRATOR
The Zoning Administrator, for purposes of administering the City's Zoning Code, shall be the City Administrator/Utility Manager or their designee.
[1]
Editor's Note: Section 70.043, Wis. Stats., was repealed by 2023 Act 12, § 72, effective January 1, 2024.