This chapter is enacted pursuant to the authorization contained in Wis. Stats. §§ 62.23 and 87.30.

(Prior Code, § 17.01(2))

State Law reference— City planning, Wis. Stats. § 62.23; floodplain zoning, Wis. Stats. § 87.30.

The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the city. The jurisdiction of this chapter shall also extend to those lands and waters lying within the unincorporated areas within 1½ miles of the corporate limits in the cities of Sparta and Angelo that are approved by a majority of the members of the appropriate joint extraterritorial zoning committee pursuant to Wis. Stats. § 62.23(7a) of state law, and as indicated on the official zoning map for the extraterritorial area.

(Prior Code, § 17.01(3))

The provisions of this chapter shall be held to be minimum requirements adopted for the purpose of:

(1)

Promoting health, safety, morals, and general welfare;

(2)

Securing adequate light, pure air, and safety from fire and other dangers;

(3)

Conserving the taxable value of land and buildings; and

(4)

Preserving and enhancing aesthetic values, generally, throughout the city.

(Prior Code, § 17.01(5))

This chapter is intended to establish and accomplish certain standards and objectives by:

(1)

Dividing the entire city and its extraterritorial area into districts and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures and land for residence, business, manufacturing, or other specified uses;

(2)

Avoiding or lessening congestion in the public streets by adequate requirements for off-street parking and loading facilities;

(3)

Preventing the overcrowding of land by regulating and limiting the height and bulk of buildings hereafter erected;

(4)

Establishing, regulating, and limiting the building or setback lines on or along streets, alleys or property lines;

(5)

Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding such buildings;

(6)

Permitting in each of the zoning districts only those uses, buildings, and structures that are compatible with the character of each district;

(7)

Providing controls over additions to and alterations and remodeling of existing buildings and structures;

(8)

Providing controls governing the continuation of those uses, buildings, and structures that are incompatible with the character of the districts in which they are located;

(9)

Providing controls governing the size and location of signs and other forms of outdoor advertising;

(10)

Defining the powers and duties of the administrative officers and bodies for the administration and enforcement of this chapter; and

(11)

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

(Prior Code, § 17.01(6))

(a)

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:

Accessory use or structure means a use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same parcel and serving a purpose customarily incidental to the use of the principal building or land use. Accessory uses or structures to residential principal uses may include garages, carports, other parking spaces, swimming pools, tennis courts, play houses, wood shops and tool sheds. Accessory uses in residential districts shall not involve the conduct of any business, trade or industry, except as defined as a home occupation and shall not include the commercial boarding of animals or the keeping of fowl or farm animals.

Administrator means the zoning administrator who is designated as the enforcement officer of this chapter.

Adult bookstore means an establishment having as a predominant portion of its stock in trade, books, magazines and other periodicals, or videocassettes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" (as defined herein).

Adult cabaret means a nightclub, car, theater, restaurant or similar establishment which frequently features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, videocassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. An adult cabaret does not include theaters, performing art centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

Agricultural services means establishments engaged in providing services to agricultural establishments and landowners, including soil preparation, crop services, veterinary services, farm management, and landscape and horticultural services.

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

Airport means the Sparta-Fort McCoy Airport located in Section 16, Township 17 North, Range 3 West Monroe County, Wisconsin.

Airport affected area means the area located within three miles of the boundaries of the airport.

Airport hazard means any structure, object, or natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing and taking off.

Alley means a thoroughfare less than 80 feet in width and for the purpose of providing access to the rear of buildings in a platted city block.

Amusement and recreation services means establishments not defined elsewhere, engaged in providing indoor and outdoor amusement, entertainment, and recreation to the general public. The term "amusement and recreation services" includes both indoor and outdoor activities.

Automobile repair and services means general repair, rebuilding or reconditioning of engines, motor vehicles, or trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shop and vehicle steam cleaning. Automotive services include car washes, except for single stall car washes incidental to the sale of gasoline.

Automobile service station or gas station means a place where gasoline, kerosene, or any other motor fuel, lubricating oil, or grease for operating motor vehicles is offered for sale and delivered directly into motor vehicles, including greasing, oiling, and single stall car washes incidental to the sale of gasoline.

Automotive, implement, and recreational vehicle sales means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles, implements or trailers in operable condition and where no repair work is done.

Basement means that portion of a building between floor and ceiling having at least one-half of its height below grade. A basement shall be counted as a story.

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent, 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 the rental, and in which the only meal served to guests is breakfast.

Block means the property abutting a street between the two nearest intersecting or intercepting streets. A railroad right-of-way, the boundary line of unsubdivided acreage, or a body of water shall be regarded the same as an intersecting or intercepting street for the purpose of defining a block.

Boarding home means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons not related to the owner for compensation by previous arrangement, excluding transients.

Buildable lot area means the part of the lot not included within the open space areas required by this chapter.

Building, height, means the vertical distance from the grade level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Building supply stores means retail establishments engaged primarily in the selling of lumber and other building materials.

Buildings. See Structure.

Campgrounds means establishments primarily engaged in providing overnight or short-term sites for recreation vehicles, trailers, campers and tents.

Certificate of appropriateness means a permit for restoration or change of a landmark, landmark site, or historic preservation district site that shall accompany a building or demolition permit and is issued upon direction of the city historic preservation commission.

Chair means the chair of the plan commission or the chair of the board of appeals as the context requires.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow is that water which is flowing within the limits of the defined channel.

Civic uses means community centers, public libraries, public museums, public art galleries, public recreations, post offices, fire stations, public botanical gardens, and similar public uses, each without outdoor storage and municipal garages with screened outdoor storage.

Clubs and associations means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Community based residential facility (CBRF) means a place where three or more unrelated adults reside in which care, treatment, or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility. Same as the definition of community-based residential facility (CBRF) defined in Wis. Admin. Code § DHS 89.13(4).

Community recreation facilities means publicly or privately owned recreation facilities that provide sites for large public gatherings such as fairgrounds, zoos, race tracks, and golf courses.

Comprehensive plan means the long-range master plan for the desirable use and development of land in the city as officially adopted and as amended from time to time by the plan commission and certified to the common council.

Conditional use permit means a document signed by the zoning administrator specifying the requirements for which a conditional use may be permitted within a parcel. A conditional use is a use permitted within a district other than a permitted use.

Condominium means an estate in real property consisting of an undivided interest in common with other purchases in a portion of a parcel of real property, together with separate interest in space. A condominium may include, in addition, separate interest in other portions of the property.

Construction means the erection or alteration of any structure or objects either of a permanent or temporary character.

Contractors, building construction, means general and special trade contractors who undertake activities related to building construction, including general construction, electrical work, painting, plumbing, heating, air conditioning, roofing, and sheet metal work.

Contractors, heavy construction, means general contractors engaged in heavy construction other than buildings, such as highways, bridges, sewers, railroads, and airports.

Convalescent home. See Nursing home.

Convenience store means any retail establishment serving primarily the surrounding neighborhood and offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area less than 5,000 square feet. Convenience stores do not include the sale of gasoline.

Court means an open, unoccupied and unobstructed space other than a yard, on the same lot with a building or group of buildings.

Day care center means a licensed facility where a person other than a relative or guardian provides care and supervision for four or more children under seven years of age, for less than 24 hours a day and for compensation.

Day care center, adult, means an establishment primarily engaged in the care of senior citizens, infirm, or impaired individuals, where medical care or delinquency correction is not a major element.

Day care center, family, means a center that provides care and supervision for five to eight children.

Day care center, group, means a center that provides care and supervision for nine or more children.

Day care center, night, means a group day care center or family day care center which operates during any period of time between 7:00 p.m. and 6:00 a.m.

Density means the number of dwelling units per net acre of land after land for streets and other public purposes is removed.

Drive-in restaurant means a retail outlet where food or beverages are sold to a substantial extent for consumption in parked motor vehicles.

Dwelling, multifamily, means a building containing three dwelling units or more. Any multifamily dwelling where units are available for rental periods of less than one week shall be considered a hotel, boardinghouse, or guest house.

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

Dwelling, townhouse, means a single-family dwelling jointed to other single-family dwellings by a party wall not over 25 feet in height and on a single lot.

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

Dwelling unit means one room or suite of private or interconnecting rooms, designed for independent occupancy by one family for living and sleeping purposes for weekly or longer basis and having cooking, toilet and bathing facilities. The structure containing the dwelling must be attached to a permanent foundation. A foundation is considered to be permanent if it is supported below the anticipated frost level—48 inches below grade. If the location is not supported below the anticipated frost line, a recognized method of frost proofing may be utilized.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground and overhead lines and pipes for gas, electric, telephone, communications, cable television, steam, public water supply, sanitary sewage collection, stormwater conveyance or other comparable utilities. Essential services include such above surface facilities as poles, guide wires, fire alarm boxes, water hydrants, utility posts, police call boxes, and standpipes. Essential services do not include larger utility facilities such as electric substations, wastewater treatment plants, well houses, water reservoirs, and microwave and telecommunication towers. Essential services are permitted in all zoning districts without permits.

Extractive industries includes mining, quarrying, excavation, processing, storing, separating, cleaning, or marketing of natural resources such as sand, gravel, earth, peat, coal, minerals, gas and oil.

Family means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boardinghouse, motel, hotel, club, fraternity, or sorority house, or other group, provided that unless all members except one are related by blood, adoption, marriage, or are legally cared for, no such group shall contain over five persons.

Family home. See Day care center, family.

Flood means a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.

Floodplain means the areas adjoining a watercourse which have been or hereafter may be covered with the regional flood.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.

Floodway means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including, but not limited to, flood flows associated with the regional flood.

Floor area, for the purpose of determining the floor area ratio, means the sum of the gross horizontal areas 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 the occupied or usable floor area in a building but does not include space occupied by columns, walls, partitions, mechanical shafts or ducts.

Floor area ratio (FAR) means the ratio of the total floor area of both principal and accessory buildings to the area of the lot.

Forestry means establishments engaged primarily in the operation of timber tracts, tree farms, forest nurseries, and related activities.

Foster home means a state-licensed facility providing care and supervision in a home setting for four or fewer children under the age of 18 or older adults.

Frontage means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or city boundary measured along the street line at the required setback line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

Garden supply stores means establishments engaged primarily in the sale of lawn and garden supplies, including plant materials, fertilizers, garden tools and garden supplies.

Group home means a state-licensed facility located in a residential community providing shelter or rehabilitation for five or more children under the age of 18 years or older adults who, for various reasons, cannot reside in their natural home.

Guest home means a dwelling or part thereof occupied by a single housekeeping unit where meals or lodging are provided for transient guests for compensation by previous arrangements.

Height means the overall height of the top of a structure, including any appurtenance installed thereon, or the top of any object of natural growth. (For airport zoning purposes only.)

Height of building means the vertical distance from the main elevation of the finished grade along the front of the building to the highest point of a flat roof, of the deck line of a mansard roof, or to the main height level between eaves and ridge for a gable, hip and gambrel roofs, not including church spires, belfries, cupolas and domes, monuments, water towers, chimneys, smokestacks, flag poles, radio and television towers, masts and aerials or parapet walls.

Home occupation means any occupation for gain or support conducted within a single dwelling unit or in a building accessory to a dwelling unit by the person maintaining a dwelling therein provided that the specified use is incidental to the residential use. Not more than one nonresident person shall be employed in the home occupation.

Hotel means a building designed for occupancy as a temporary residence of individuals who are lodged with or without individual meals, in which no provision is made for cooking in any individual room or suite.

Industrial park means a planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, and orientation.

Institution means a nonprofit organization of a public character, or a building being occupied by such organization.

Junkyard means an open area where waste or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, used lumber and bottles. The term "junkyard" includes automobile wrecking yards and used implement storage yards, and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but excludes uses established entirely within enclosed buildings in nonresidential districts. The term "junkyard" also excludes establishments for the sale or purchase of used operable automobiles, and the processing of used, discarded or salvaged materials as part of those manufacturing operations which conform to this chapter. Three or more unlicensed vehicles on one parcel shall constitute prima facia evidence of the operation of a junkyard.

Kennel means any premises or building in which four or more dogs or cats over six months of age are kept for board, propagation or sale.

Land means the earth, water, and air above, below, or on the surface, and includes any improvements or structures regarded as land.

Landmark means any identified improvement, which has a special character or special historic interest or cultural value as part of the heritage of the city.

Landmark site means any parcel of historic significance having value in tracing the history or aboriginal man or upon which a historical even has occurred, and which has been designated as a landmark site pursuant to this chapter. A landmark site includes the parcel upon which a landmark has been built.

Lot means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of the buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open space as required by this chapter and having frontage on a public street.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.

Lot, coverage, percent of, means the maximum percent of the lot which may be covered with principal and accessory structures.

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

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

Lot line, front, means the line separating the lot from the street.

Lot line, rear, means the lot line opposite and most distant from the front lot line.

Lot line, side, means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Lot or parcel of record means a lot or parcel which has been recorded in the office of the register of deeds of the county prior to the date of adoption of the ordinance from which this article is derived.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets.

Lot width means the mean width of the lot measured at right angles to its depth. Measurements for lot street frontage may be taken at the given setback requirements for the particular zoning district.

Major street means a highway, road, or street designated on the official master street plan of the city.

Manufactured home means a generic term for single-family detached structures manufactured all or in part off-site and transported to the site in one or more sections that is built to the national manufactured home construction and safety standards.

Manufactured home dealers means establishments engaged in the sale and service of manufactured and mobile homes.

Manufacturing means establishments engaged in the mechanical or chemical transformation of material or substances into new products.

Manufacturing, heavy, means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage of manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Manufacturing, light, means a use engaged in the manufacture, predominantly from previously prepared materials, or finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of the products, but exclusively basic industrial processing.

Mini-warehouse. See Warehouse, self-storage.

Model home means a dwelling manufactured, prefabricated, or otherwise erected or installed upon a lot for purposes of temporarily exhibiting the same as a sample, rather than for occupancy as a residence.

Nonconforming lot means a lot that does not comply with the minimum lot area or width requirements of the district in which it is located.

Nonconforming structure means a structure that does not comply with the bulk, yard, setback, or height regulations of the district in which it is located.

Nonconforming use of land means any use of a lot that does not conform to the applicable use regulations of the district in which it is located.

Nursing home means a facility designed and licensed to provide care for aged or infirm persons requiring or receiving personal care or custodial care complying with the standards established by the state department of health and social services.

Objectionable element means any use operated in the manner described under the performance standards of this chapter.

Offensive means giving painful or unpleasant sensations: nauseous, obnoxious.

Open space, common, means an area of land or water, or a combination of land and water within the site designated for a planned unit development, and designed and intended for the use or enjoyment of residents.

Open space, public, means an area of land or water or both on the comprehensive plan or official map designated as park, beautification, or land to be kept free of development.

Optometric clinic means an office or facility primarily offering the services of optometric under Wis. Stats. ch. 449 and including optician's services in conjunction therewith.

Outside tavern premises means that portion of a lot or parcel of land which a Class "B" fermented malt beverage license or retail Class "B" liquor license has been issued or may be issued enclosed by a substantial fence with gate, attached to and contiguous with the building premises, at least six feet in height and capable of limiting access to such outdoor premises other than through the building premises.

Parcel means any contiguous quantity of land capable of being described with such definiteness that its location and boundaries may be established, that is designated by its owner or developer as land to be used or developed as a unit, or that has been used or developed as a unit. The term "parcel" includes an easement supporting or related to a primary parcel, and a condominium unit. Only one such designation by the owner shall be allowed under this chapter.

Planner means the city planner designated to advise and assist the commission and common council on land use and development matters.

Portable buildings means buildings that are not permanently attached or adhered to the ground. Maximum size of a portable building is 144 square feet. Even though they do not require a permit, portable buildings must follow all setback requirements.

Professional office means the office of a member of a recognized profession, including the offices of doctor's physicians, dentists, optometrists, ministers, architects, professional engineers, lawyers and other similar professional occupations.

Public works yards means municipal, county, state, and federal administrative buildings; warehouses; garages; storage yards; and shops that are owned and operated by a governmental unit.

Railroads means railroad rights-of-way, including terminals, transfer and storage tracks, but not accessory structures except those incidental to minor communications and switching equipment.

Recreational vehicle means all types of recreational vehicles or devices normally used by adults, including, but not limited to, such items as travel homes, camper trailers, pick-up camper attachments, all-terrain vehicles, snowmobiles, boats, floatation devices, motor bikes and including go-carts and stock cars.

Regional flood means a flood determined by the department of natural resources that is representative of large floods know to have occurred generally in the state and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has an average frequency in the order of the 100-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region.

Rehabilitation centers means a home in which persons live while receiving therapy and counseling for the following purposes:

(1)

To assist them to recuperate from the effects of drugs or alcohol;

(2)

To assist them to adjust to living with the handicaps of emotional or mental disorder, or mental retardation;

(3)

To assist them to adjust to living with the handicaps of physical disability;

(4)

To assist them to be housed under supervision while under the constraints of alternatives to imprisonment, including, but not limited to, prerelease, work-release, and probationary programs, provided that the number of occupants shall not exceed 20 at any one time; and where the home is managed by an organization operating a program that is approved by the state; and which is also approved by the appropriate governmental entity having authority under law to license or authorize the operation.

Repair shops means establishments engaged in miscellaneous repairs of household items and smaller business equipment for the general public and business.

Retail trade.

(1)

The term "retail trade" means establishments engaged in primarily selling merchandise for personal or household consumption and rendering service incidental to the sales of goods.

(2)

The term "retail trade" includes:

a.

General merchandisers;

b.

Hardware stores;

c.

Paint and wallpaper stores;

d.

Food stores;

e.

Apparel stores;

f.

Home furnishings and equipment stores;

g.

Eating and drinking places;

h.

Miscellaneous retail.

(3)

For purposes of enforcement of this chapter, the term "retail trade" excludes:

a.

Building supply stores;

b.

Garden and lawn supply stores;

c.

Manufactured home dealers;

d.

Automotive dealers and service stations.

Runway means a level portion of an airport having a surface specially developed and maintained for the landing and take-off of aircraft.

Schools, public, means public, parochial and other private schools offering educational courses.

Services, business, means establishments engaged primarily in rendering services to business establishments such as advertising agencies, mailing services, employment agencies, and computer software companies.

Services, personal, means establishments engaged in providing services primarily to individuals and households, such as laundry, dry cleaning, copy shops, beauty/barber shops.

Services, professional, means establishments engaged in providing the general public and businesses with professional services in an office setting. The term "services, professional" includes:

(1)

Security and commodity brokers;

(2)

Insurance agents and brokers;

(3)

Real estate services;

(4)

Holding and other investment offices;

(5)

Professional health services;

(6)

Legal services;

(7)

Engineering, accounting, research, management, and related services;

(8)

Educational services.

Setback means the minimum horizontal distance between the front line of the building, excluding steps and unenclosed porches, and the street property line.

Shopping center means a preplanned group of retail stores with common use areas for access, pedestrian, auto and service circulation, common parking, and landscaping.

Sign, on-site, means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include street graphics erected by the outdoor advertising industry in the conduct of the outdoor advertising business or the provision of outdoor displays or display space on a lease or rental basis only.

Sign, trailer, means a motor vehicle or trailer with a street graphic mounted thereon. It may be double-faced.

Signs means any name, identification, description, display, illustration or device, illuminated or non-illuminated, which is visible from any public place or is located on private property and expopsed to the public and which directs attention to any object, produce, service, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise, but does not include any display of official court or public office notices, nor any official traffic control device, nor does it include a flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A sign does not include an object located completely within an enclosed building. For the purposes of removal, a sign also includes all sign structures.

Slope means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (Example: 3:1 slope is three feet horizontal and one foot vertical.)

Standard performance means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land use.

Story means that portion of a building included between the surface of any 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.

Story, half, means a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of the story.

Street means a public right-of-way more than 20 feet in width, approved and accepted by public authority, which provides a primary means of public access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.

Structure means anything constructed, installed or portable, the use of which requires a location on a parcel of land, or attachment to something having a permanent location on the ground. The term "structure" includes a movable structure, fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks and street graphics.

Structure alteration means any change in the supporting members of a building such as bearing walls, columns, beams, lintels or girders.

Tourist home means a lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments.

Tree means any object of natural growth, except farm crops which are cut at least once a year, and except for shrubs, bushes, or plants which do not grow to a height of more than 20 feet.

Use means the purpose for which land or a building or structure is arranged, designed, or intended for or which either land or a building or structure is, or may be, occupied or maintained.

Use, principal, means the main use to which a parcel is devoted and the main purpose for which the premises exists.

Utility facilities means utility equipment, including, but not limited to, electric utility substations, water reservoirs, treatment plants, transformer stations, booster stations, transmitters, and other comparable utility facilities.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.

Visual screen means a permanent fence or wall that permits no view into the area to be screened; or plantings or vegetation that permit no view into the area to be screened and that admit a maximum penetration of light through no more than an evenly distributed 25 percent of their vertical surface during any season of the year.

Warehouse means a building used primarily for the storage of goods and materials.

Warehouse, self-storage, means warehouses serving primarily the general public with separate access for each storage stall, one story, less than 10,000 square feet per building; total area less than 60,000 square feet.

Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, and professional business users; or to other wholesalers, or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

Yard means an open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.

Yard, front, means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, rear, means a yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.

Yard, side, means an open, unoccupied space on the same lot with the main building, situated between the side of the building and the adjacent side of the lot and extending from the rear line of the front yard to the front line of the rear yard. If there is no front yard, the front boundary of the side yard shall be the front line of the lot, and if there is no rear yard the rear boundary of the side yard shall be the rear line of the lot. The street side yard of corner lots extend from the rear of the front yard to the rear line of the lot.

Zero lot line housing means owner-occupied housing located within a single structure where the common wall between dwellings is approximately perpendicular to the street right-of-way line and where the lot of record before divided and upon which the single structure is located meets minimum width, area and code requirements of the required district.

(b)

If questions arise as to the interpretation of common usage terms, the zoning administrator should refer to the definitions contained in Webster's Ninth New Collegiate Dictionary or subsequent editions. Interpretations of land use activities should be based on the 1987 Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget, or subsequent editions. Interpretations of terms related to structures should be based on the State of Wisconsin Uniform Dwelling Code or the state department of commerce enrolled building code.

(Prior Code, § 17.03; Ord. No. 1003, § 1, 6-15-2022)

(a)

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

(b)

Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable standards imposed by any other provisions of this chapter or of any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulation that is more restrictive or that imposes higher standards or requirements shall govern.

(c)

This chapter is not intended to abrogate any easement, covenant, or 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.

(d)

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

(e)

With respect to the classification of land uses that are not defined or specifically listed within this chapter, the zoning administrator shall make interpretations based on the most recent edition of the Standard Industrial Classification Manual published by the U.S. Office of Management and Budget.

(Prior Code, § 17.01(7))

It is declared to be the intention of the common council of the city 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 provision of this chapter not specifically included in the 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 structure, such judgment shall not affect the application of the provision to any other property, building, or structure not specifically included in such judgment.

(Prior Code, § 17.01(8))

(a)

Pursuant to Wis. Stats. § 62.23(2) and (3), the city is authorized to prepare and adopt a comprehensive plan as defined in Wis. Stats. §§ 66.1001(1)(a) and 66.1001(2).

(b)

Prior to beginning the process to update the city's previously adopted 2003 comprehensive plan, the city council adopted written procedures designed to foster public participation in every stage of the preparation of a comprehensive plan as required by Wis. Stats. § 66.1001(4)(a).

(c)

The city council of the city assigned the plan commission to prepare an update to the city's comprehensive land use plan. The plan commission meets numerous times to prepare and review the draft comprehensive plan 2016-2036.

(d)

The plan commission of the city has adopted a resolution recommending to the city council adoption of the document entitled "Sparta Comprehensive Plan 2016-2036," containing all of the elements specified in Wis. Stats. § 66.1001(2).

(e)

The city council has held at least one public hearing on this chapter, in compliance with the requirements of Wis. Stats. § 66.1001(4)(d).

(f)

The comprehensive plan may be used as the basis for, among other things, official mapping, local subdivision regulations, general city zoning regulations, shoreland/wetland zoning, and as a guide for approving or disapproving actions affecting growth, development, conservation, and recreation within the jurisdiction of the city and its extraterritorial plat review area.

(g)

The city council formally adopts the document entitled, "Sparta Comprehensive Plan 2016-2036," pursuant to Wis. Stats. § 66.1001(4)(c).

(h)

The comprehensive plan 2016-2036 may from time to time be amended, extended, or added to in greater detail following the procedures specified within the plan and state law.

(Prior Code, § 17.19)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be subject to a penalty as provided in section 25-11.

(Prior Code, § 17.35)

State Law reference— Comprehensive planning, Wis. Stats. § 66.1001.