§ 155.01 INTRODUCTION.

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

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

(F) 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.

(Ord. 03-2016, passed 7-14-2016)

§ 155.02 DEFINITIONS.

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABUTTING. Having a common property line or district line.

ACCESSORY USE OR STRUCTURE. A use 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. An ACCESSORY STRUCTURE is a supplemental building located on the same lot with the principal structure and generally used for storage, private garage or other use customarily incidental to residential use, including but not exclusive to storage sheds, garden sheds, and detached garages. This includes non-permanent structures, larger than six square feet.

ADULT DAY CARE CENTER. A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day.

ALLEY. A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.

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

APARTMENT HOUSE. See DWELLING, MULTI-FAMILY.

BASEMENT. A story, as defined below, partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.

BED AND BREAKFAST ESTABLISHMENTS. A single-family residence where lodging and breakfast are furnished to transients for compensation, but not exceeding four bedroom suites.

BILLBOARD. An advertising device, either free-standing or attached to a building, which is used to display information not related to the use or ownership of the establishment on the property upon which it is located.

BOARDING HOUSE. A building other than a hotel where lodging and meals are regularly furnished for compensation for four or more persons not members of a family, but not exceeding eight persons and not open to transient customers.

BUILDING. Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

BUILDING, ALTERATIONS OF. See STRUCTURAL ALTERATIONS.

BUILDING, HEIGHT OF. The vertical distance from the finished grade at the building line to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height between the eaves and ridge of the highest gable of a gambrel, hip, gable or pitch roof.

BUILDING, PRINCIPAL. See USE, PRINCIPAL.

CERTIFICATE OF OCCUPANCY. A written statement issued by the Building Inspector which permits the use of a building or lot or a portion of a building or lot and which certifies compliance with the provisions of this chapter, and Chapter 150, if applicable, for the specified use and occupancy.

CONDITIONAL USE. A use of a special nature so as to make impractical its predetermination as a principal use in a district.

DISTRICT, OVERLAY. Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirement shall apply.

DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

DWELLING.

(1) MULTI-FAMILY. A building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, and apartment houses.

(2) ONE-FAMILY. A detached building designed for or occupied exclusively by one family and includes a manufactured home.

(3) TWO-FAMILY. A detached or semi-detached building designed for and occupied exclusively by two families.

DWELLING UNIT. A separate housekeeping unit, designed and used for occupancy by a single family.

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

FARM. Land consisting of ten acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption or use.

FLOOR AREA. See LIVING AREA.

FRONTAGE. All the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

GARAGE.

(1) PRIVATE. A building or structure, or part thereof, used or designed to be used for the parking and storage of vehicles, boats or trailers. Carports shall be considered garages within this definition.

(a) ATTACHED. A private garage or carport attached directly to the principal building or attached by means of an enclosed or open breezeway, porch, terrace or vestibule, or a private garage constructed as to form an integral part of the principal building.

(b) DETACHED. A private garage entirely separated from the principal building.

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

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

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

HOTEL, APARTMENT. A building in which lodging with or without meals is offered to transient guests for compensation and in which there are more than four rooms with cooking facilities in individual rooms or apartments.

HOTEL, MOTEL. A building in which lodging, with or without meals is offered to transient guests for compensation and in which there are more than four sleeping rooms with no cooking facilities in any individual room or apartment.

JUNK YARD; SALVAGE YARD. An open space where waste and used or secondhand 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.

LIVING AREA. The total area of a dwelling unit bounded by the exterior walls of a building at the floor level, but not including garage, utility areas, open porch, unfinished attic or basement.

LIVERIES. An establishment, which can include vehicle storage facilities, at which vehicles are for hire or are rented for recreational purposes.

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

LOT, CORNER. Structures shall provide a street yard as required by this chapter on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street. Front, side and rear yards can be street yards. See also SETBACK; STREET YARD below and § 155.04(B) and (C).

LOT, INTERIOR. A lot other than a corner lot.

LOT, THROUGH. An interior lot having frontage on two nonintersecting streets.

LOT DEPTH. The mean horizontal distance between the front and rear lot lines.

LOT LINES. The lines bounding a lot or parcel as defined herein.

LOT WIDTH. The width of a parcel of land measured at the setback line.

MANUFACTURED DWELLING. A dwelling structure or component thereof, as defined in Wis. Adm. Code COM 20.07(52), which bears the Wisconsin Department of Commerce insignia certifying that it has been inspected and found to be in compliance with Wis. Adm. Code COM 20, Subchapter. V.

MANUFACTURED HOME. A dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation or assembly at the building site and bearing a HUD label or insignia certifying that it is built in compliance with Federal Manufacturing Housing Construction Standards.

MINI-STORAGE, SELF-SERVICE STORAGE FACILITY, MINI-WAREHOUSES. A compound containing a building or group of buildings divided into separate compartments, which may be of various sizes that are used to meet the temporary storage needs of residential and small businesses uses. No other commercial transactions are permitted other than the rental of the storage units.

MOBILE HOME. A non-self-propelled one-family dwelling unit of vehicular design built on a chassis and originally designed to be moved from one site to another, whether or not the same is placed on a permanent foundation.

MOBILE HOME PARK. Any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.

MOTEL. See HOTEL, MOTEL.

NONCONFORMING USE or STRUCTURE. A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.

NURSERY. Any building or lot, or portion thereof, used, for the cultivation or growing of plants and including all accessory buildings.

NURSING HOME. Any building used for the continuous care, on commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

PARKING STALL. An off-street space, available for the parking of a motor vehicle and which, in this chapter, is held to be an area of 180 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PERCENTAGE OF LOT COVERAGE. The percentage of a lot or parcel occupied by principal and accessory buildings, including paved area.

PRINCIPAL BUILDING. See USE, PRINCIPAL.

PROFESSIONAL HOME OFFICE. 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 and not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office. Only one person may be employed who is not a resident of the home.

RAILROAD RIGHT-OF-WAY. 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.

RECREATION AREA. A tract of land used for activities whose primary focus or purpose is the enjoyment of nature through forms of play, amusement, or relaxation. The recreational area experiences may be active, such as boating, fishing, and swimming, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife.

RECYCLING COLLECTION CENTER. A municipally-sponsored or privately-owned location for the collection of materials for recycling. Such materials shall include, but not be limited to tin, aluminum, glass, plastic and paper goods. The use shall be limited to collection and on-site storage of such materials only.

SETBACK; STREET YARD. The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps. Front, side and rear yards can be street yards.

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

SIGN. Any words, letters, figures, numerals, phrases, sentences, emblems, devices or designs visible from a public street or highway which convey information regarding the use or ownership of the establishment on the same property upon which it is located, as distinguished from a billboard. See also § 150.017.

STORY. That portion of a building included between the surface of a floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

STREET. All property dedicated for public street purposes.

STREET LINE. A dividing line between a lot, tract or parcel of land and an abutting street.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or any change in the roof structure or in the exterior walls.

STRUCTURE. Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

TEMPORARY STRUCTURE/USE. A movable structure which does not require a permanent location on the ground and which is not attached to something having a permanent location on the ground. This includes:

(1) DUMPSTER. Any large metal bin/container for refuse, garbage, commercial waste, industrial waste or construction materials designed to be hoisted onto a specially equipped truck for emptying or hauling away.

(2) PORTABLE STORAGE STRUCTURE. This includes PODs, shipping containers and trailers. Temporary (or portable) storage units are transportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential property. Recreational vehicles and camper trailers are excluded.

(3) POLYSTRUCTURE/CARPORT. A free standing enclosure not regulated by the building codes, intended for household or automobile storage and consisting of a frame of steel or other material that is covered with plastic, polyurethane vinyl, canvas or other flexible sheeting materials or sheet metal, which may or may not have sides.

(3) PORTABLE STORAGE STRUCTURE.

Cross reference:

Temporary structure/use, see § 90.09

TOURIST ROOMING HOUSE. All lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. TOURIST ROOMING HOUSES do not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under Ch. HFS 197 of the Wis. Admin. Code.

USE. The use of a 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.

USE, CONDITIONAL. See CONDITIONAL USE.

USE, PERMITTED. 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.

USE, PRINCIPAL. The main use of land or building as distinguished from a subordinate or accessory use. Principal uses in residential districts can include attached garages. A principal use may be permitted or conditional.

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

VISION CLEARANCE. An unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

WAREHOUSES. Facilities that are engaged in the storage and open storage of material, wholesale, and distribution of manufactured products, supplies, and equipment, not including bulk storage of materials that are combustible or explosive or that present hazards or conditions commonly recognized as offensive, but are not involved in the manufacturing or production.

WAREHOUSES, MINI OR SELF STORAGE. See MINI-STORAGE, SELF-SERVICE STORAGE FACILITY, MINI-WAREHOUSES.

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

(1) FRONT YARD OR SETBACK. A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.

(2) REAR YARD. A yard extending the full width of the lot, being the minimum required horizontal distance between the rear lot line and the nearest part of the building excluding uncovered steps.

(3) SIDE YARD. A yard extending from the front yard to the rear yard, being the minimum required horizontal distance between a building and the side lot line.

ZONING DISTRICT. An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.

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

(Ord. 03-2016, passed 7-14-2016; Ord. 02-2017, passed 1-12-2017)

§ 155.03 GENERAL PROVISIONS.

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

(B) Use restrictions. The following use restrictions and regulations shall apply:

(1) Principal uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district.

(2) Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade or industry. Accessory uses include incidental repairs, storage, parking facilities, gardening; servant's and watchman's quarters not for rent, private swimming pools, and private emergency shelters. In non-residential districts, accessory buildings shall not occupy more than 30% of the required area for the rear yard and shall be constructed only after or concurrently with the construction of the principal building.

(3) Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Village Board after the Plan Commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(4) Temporary uses/structures. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Village Board for a period not exceeding one year. See § 90.09.

(1) No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations hereby established for the district in which a building or premises is located.

(2) No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.

(3) No lot in the village which contains a building shall hereafter be reduced by any type of conveyance to an area less than would be required for the construction of such building on such lot.

(D) Lot occupancy. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a platted lot or parcel of record and in no case shall there be more than one principal building on one lot or parcel unless approved by the Village Board.

(E) Yards abutting district boundaries. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards in the two districts which abut the district boundary line.

(F) Storage limitation. No required side yard or front yard in the commercial or manufacturing districts shall be used for storage or the conduct of business.

(G) Vision clearance. No obstructions such as structures, parking or vegetation shall be permitted in any district other than the B-1 District between the height of two and one-half and ten feet above a plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right of way lines and a line joining points on such lines, located a minimum of 15 feet from their intersection. Official signs, utility poles, tree trunks and wire fences may be permitted within each segment of an intersection traffic visibility area. In the case of a collector or arterial street intersecting with other streets or railroads, the corner cutoff distance establishing the triangle vision clearance space shall be increased to 30 feet.

(H) Performance standards. See § 155.34.

(I) Parking and loading restrictions. See § 155.33.

(J) Setbacks from the water.

(1) All buildings and structures shall be set back at least 75 feet from the ordinary high-water mark of navigable waters.

(2) A setback of less than that required by division (J)(1) above may be permitted by the Zoning Administrator where there is at least one main building on either side of the applicant's lot, within 200 feet of the proposed site that is built to less than the required setback. In such case, the setback shall be the average of the setbacks of the nearest main building on each side of the proposed site or, if there is an existing main building on only one side, the setback shall be the average of the existing building's setback and the required setback. Any other setback reduction may be permitted by the Board of Zoning Appeals pursuant to § 155.38.

(K) One- and two-family dwelling aesthetic standards. All one- and two-family dwellings shall comply with the following minimum aesthetic standards:

(1) Pitched roof having a minimum slope of 3.5 horizontal to 1.0 vertical.

(2) Overhanging eaves of a minimum of one foot and appropriate eave troughs.

(3) Roof covering of asphalt, fiberglass, cedar shingles, architectural metal, rubber or tile.

(4) Be constructed with a permanent, continuous, frost-free footing and foundation wall.

(Ord. 03-2016, passed 7-14-2016)

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