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Somerset Village City Zoning Code

ARTICLE A

Introduction; Definitions

§ 13-1-1 Adoption authorized by state law.

These regulations are adopted under the authority granted by Secs. 61.35 and 62.23(7), Wis. Stats.

§ 13-1-2 Title.

This Chapter shall be known as, referred to or cited as the "Zoning Code, Village of Somerset, Wisconsin."

§ 13-1-3 Intention of chapter.

The purpose of this Chapter is to promote the health, safety, prosperity, aesthetics and general welfare of the Village of Somerset.

§ 13-1-4 Goal of chapter.

It is the general intent of this Chapter to regulate and restrict the use of all structures, lands and waters; and to:
Regulate Lot Coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;
Regulate Population Density and Distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities;
Regulate Parking, Loading and Access so as to lessen congestion in and promote the safety and efficiency of streets and highways;
Secure Safety from fire, flooding, pollution, contamination, and other dangers;
Stabilize and Protect existing and potential property values;
Preserve and Protect the beauty of the Village of Somerset;
Prevent and Control Erosion, sedimentation, and other pollution of the surface and subsurface waters;
Further the Maintenance of safe and healthful water conditions;
Provide for and Protect a variety of suitable commercial and industrial sites;
Protect the traffic-carrying capacity of existing and proposed arterial streets and highways;
Implement those municipal, county, watershed, and regional comprehensive plans or components of such plans adopted by the Village of Somerset;
Provide for the administration and enforcement of this Chapter; and to provide penalties for the violation of this Chapter.

§ 13-1-5 Existing regulations not affected; chapter to prevail where imposing greater restrictions.

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 the Chapter shall govern.

§ 13-1-6 Interpretation.

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 Wisconsin Statutes.

§ 13-1-7 When effective.

This Chapter shall be originally effective after a public hearing, adoption by the Village Board and publication or posting as provided by law.

§ 13-1-8 Definitions.

[Ord. No. A-642, 7-18-2017; Ord. No. A-703, I, 1-21-2025]
For the purposes of this Chapter, the following definitions shall be used:
A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
A secondary house or apartment with its own kitchen, living area and separate entrance that shares the building lot of a larger, principal structure.
A structural poster panel or painted sign, either free standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
Anything constructed or erected, either free standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
A special public right-of-way affording only secondary access to abutting properties.
A portion of a residential or commercial building used as a separate housing unit.
See "Dwelling, Multiple."
A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways and parkways.
A person, committee, or board to whom the power to issue a permit, or make a determination, decision, or judgment has been delegated.
A story partly underground but having at least one-half (1/2) of its height, or five (5) or more feet, below the mean level of the adjoining ground. See SPS 320, 321, and 322.
A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four (4) or more persons not members of a family, but not exceeding twelve (12) persons and not open to transient customers.
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
Any change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one (1) location to another.
The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
A line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
The vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.
A building in which the principal use of the lot on which it is located is conducted.
An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations.
See "Garage."
A building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
Shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but not employing over five (5) persons.
Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery and millinery shops.
A building owned, leased or hired by an association of persons who are bona fide members, the use of which is restricted to said members and their guests.
Confinement of two hundred (200) or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:
The farm or site does not produce a minimum of sixty percent (60%) of the feed necessary to sustain the herd.
The farm or site is insufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.
The following facilities licensed or operated, or permitted under the authority of Wisconsin Statutes: Child welfare agencies under Sec. 48.60, Wis. Stats., group foster homes for children under Sec. 48.02(7m), Wis. Stats., and community-based residential facilities under Sec. 50.01, Wis. Stats.; but does not include nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including Secs. 46.03(22), 59.97(15), 62.23(7)(i), and 62.23(7a), Wis. Stats., and amendments thereto, and also the Wisconsin Administrative Code.
Uses of a special nature as to make impractical their predetermination as a principal use in a district, allowed only under conditions specified under this Chapter.
Any lawful use of a building or lot which complies with the provisions of this Chapter.
An open, unoccupied space other than a yard, on the same lot with a building, and which is bounded on two (2) sides by the building.
Any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.
The level of the established curb in the front of the building measured at the center of such front.
A place or home which provides care for four (4) or more children under the age of seven (7) years for less than twenty-four (24) hours a day and is licensed as provided for in Sec. 48.65, Wis. Stats.
Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to building, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.
A part or parts of the Village for which the regulations of this Chapter governing the use and location of land and buildings are uniform.
A double wide mobile home is a mobile home consisting of two (2) mobile home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.
An establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups; including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises.
A building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins, or mobile homes.
A dwelling unit consisting of one (1) principal room with no separate sleeping rooms.
A detached building designed, arranged or used for and occupied exclusively by one (1) family, whether attached, detached or semi-attached. Shall include specially designed buildings covered by earth and manufactured homes.
A detached building containing two (2) separate dwelling (or living) units, designed for occupancy by not more than two (2) families.
A building or portion thereof used or designated as a residence for three (3) or more families as separate housekeeping units, including apartments, attached townhouses and condominiums, with the number of families in residence not to exceed the number of dwelling units provided.
A building or portion thereof used exclusively for human habitation, including single-family, two-family and multi-family dwellings, but not including hotels, motels or lodging houses.
Public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or invasions.
Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
One (1) or more persons immediately related by blood, marriage, adoption or guardianship and living as a single housekeeping unit in one (1) dwelling unit shall constitute a family, or not to exceed more than four (4) persons if not related by blood, marriage, adoption or guardianship. A person shall be considered to be related for the purpose of this Chapter if he is dwelling for the purpose of adoption or for a foster care program.
Land consisting of five (5) acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
The primary domicile of a foster parent which is for four (4) or fewer foster children and which is licensed under Sec. 48.62, Wis. Stats., and amendments thereto.
The smallest dimension of a lot abutting a public street measured along the street line.
A building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles.
A building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as gasoline stations or service stations.
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances; sale of motor vehicle accessories; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.
Retail stores where items such as art, antiques, jewelry, books, and notions are sold.
Any facility operated by a person required to be licensed by the State of Wisconsin under Section 48.62, Wis. Stats., for the care and maintenance of five (5) to eight (8) foster children.
Retail stores where items such as plumbing, heating, and electrical supplies, sporting goods and paints are sold.
Any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building thereto and meeting the standards of Section 13-1-72.
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five (5) sleeping rooms with no cooking facilities in any individual room or apartment.
A nonself-propelled vehicle, containing living or sleeping accommodations which is designed and used for highway travel.
An open space where waste, used or second-hand 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 "junk yard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.
See "Boardinghouse."
A parcel of land having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this Chapter.
A lot abutting two (2) or more streets at their intersection provided that the corner of such intersection shall have an angle of one hundred thirty-five (135) degrees or less, measured on the lot side.
A lot situated on a single street which is bounded by adjacent lots along each of its other lines.
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
A platted lot of a recorded subdivision, certified survey map, or parcel of land for which the deed, prior to the adoption of this Chapter, is on record with the St. Croix County Register of Deeds and which exists as described therein.
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.
A parcel of land held in separate ownership having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this Chapter.
A lot having a pair of opposite lot lines along two (2) or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
The width of a parcel of land measured at the setback line.
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.
Shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing; heating and electrical repair and overhaul shops.
A roof-like structure of permanent nature which projects from the wall of a building.
A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which, when placed on the site:
Is set on an enclosed continuous foundation in accordance with Sec. 70.43(1), Wis. Stats., and Ch. SPS 321, Subchapters III, IV, and V, Wis. Adm. Code, or is set on a comparable enclosed continuous foundation system approved by the Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities; and
Meets other applicable standards of this Chapter.
Any small, movable accessory erection or construction, such as birdhouses; tool houses; pet houses; play equipment; arbors; and walls and fences under four (4) feet in height.
A mobile home is a transportable structure, being eight (8) feet or more in width (not including the overhang of the roof) or thirty-two (32) feet or more in length (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; excluded from this definition are manufactured homes.
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.
A building containing lodging rooms having adjoining individual bathrooms, and where each lodging has a doorway opening directly to the outdoors, and more than fifty percent (50%) of the lodging rooms are for rent to transient tourists for a continuous period of less than thirty (30) days.
A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
Any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.
Any structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this Chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
Any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas other than the child's own home or the homes of relatives or guardians.
Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
An open area other than a street, alley or place used for temporary parking of more than four (4) self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.
A structure or premises containing ten (10) or more parking spaces open to the public.
An off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways, appurtenant thereto and giving access thereto, except as in Section 10-1-16(3)(c).
Includes all abutting property owners, all property owners within one hundred (100) feet, and all property owners of opposite frontages.
A wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above, and which separates contiguous buildings but is in joint use for each building.
A private road or easement extending from a private property to a component of the public street system which the Village Plan Commission has approved as a primary means of access.
An open unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.
A tract of land which contains or will contain two (2) or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
The lines bounding a platted lot as defined herein.
Any sidewalk, street, alley, highway or other public thoroughfare.
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed the standards in Section 13-1-72 and only one (1) nonresident person is employed.
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.
An elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five (5) days a week for a normal school year and supported by other than public funds, but not including a school for mental defectives or a college or other institution of higher learning.
A school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
Furniture upon which to sit having a linear measurement not less than twenty-four (24) inches across the surface used for sitting.
A sign that is mounted or painted on, or attached to an awning, canopy, or marquee.
The message or advertisement, and any other symbols on the face of a sign.
The area or display surface used for the message.
Any sign placed upon or supported by the ground independent of any other structure.
A sign that is not permanent, affixed to a building, structure, or to the ground. Such sign may be mounted on wheels to make it transportable.
A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve (12) inches from such building or structure.
A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window.
That portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.
A public or private thoroughfare which affords the principal means of access to abutting property.
The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof excluding uncovered steps. Where the street line is an arc, the street yard shall be measured from the arc. In some ordinances, the street yard is also called a setback.
Any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
Any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
Any lot on which are parked two (2) or more house trailers or mobile homes for longer than forty-eight (48) hours.
A two-family dwelling with each of the dwelling units located on a separate lot with a zero lot line setback for the shared wall.
The use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this Chapter.
A subordinate use on the same lot which is incidental and customary in connection with the principal use.
Any use of a building or premises which the effective date of this Chapter does not, even though lawfully establish, comply with all of the applicable use regulations of the zoning district in which such building or premises is located.
The main use of land or building as distinguished from a subordinate or accessory use.
A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plans, municipal incinerators, warehouses, shops, storage yards and power plants.
A retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted. The front and rear yards extend the full width of the lot.
A side yard which adjoins a public street.
A yard extending along the full length of the front lot line between the side lot lines.
A side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.
A yard extending along the full length of the rear lot line between the side lot lines.
A yard extending along a side lot line from the front yard to the rear yard.
Yard abutting a street.
That yard which must be provided on a zoning lot in a Business District which adjoins a zoning lot in a Residential District, or that yard which must be provided on a zoning lot in an Industrial District which adjoins a zoning lot in either a Residential or Business District.
An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.