This chapter is adopted under the authority
granted by §§ 59.69(5)(d), 60.10(2)(c), 60.22(3), 60.62,
61.35 and 62.23, Wis. Stats. The purpose is to promote the health,
safety, morals, beauty, aesthetics and general welfare of the Town
of Winneconne. The general intent is to produce a uniform zoning format
for the Town.
It is not intended by this chapter to interfere
with, abrogate or annul any existing easements, covenants or other
agreements between parties, nor is it intended by this chapter to
repeal, abrogate, annul or in any way impair or interfere with any
existing provisions of law or ordinance, or rules, regulations or
permit previously adopted or issued, or which shall be adopted or
issued pursuant to law, relating to the use of buildings or premises.
However, whenever this chapter imposes greater restrictions, the provisions
of this chapter shall control. In addition, it is acknowledged that
the shoreland, floodplain and wetland provisions of the Winnebago
County Town/County Zoning Ordinance as adopted by said county exclusively
control those areas officially delineated by the county as within
floodplain and shoreland areas. This chapter recognizes that exclusive
control. It is not intended hereby to regulate those areas.
The provisions of this chapter shall be held
to be minimum requirements adopted to promote the health, safety,
morals, beauty, aesthetics and general welfare of the Town of Winneconne,
Winnebago County, Wisconsin, and shall be liberally construed in favor
of the this chapter.
[Amended 4-21-2005]
This chapter shall be effective as of 12:01
a.m. on the day after its adoption by the Town Board, its approval
by a Special Town Meeting called for such purpose, its approval by
the Winnebago County Board, and its posting and publication.
This chapter shall be known as, referred to,
or cited as the "Town of Winneconne Zoning Ordinance."
[Amended 4-21-2005]
The map indicating the boundaries of all the
zoning districts established for the Town of Winneconne, which map
is incorporated herein by reference, is available in the office of
the Town Clerk.
For the purpose of this chapter, the definitions
set forth in this section shall be used. Words used in the present
tense include the future. The singular number includes the plural
number, and the plural number includes the singular. The word "shall"
is mandatory and not permissive. For technical terms not defined in
this section, the definitions of ESPY Report No. 322 are incorporated
by reference. Shoreland definitions set forth in Ch. NR 116, Wis.
Adm. Code, are incorporated by reference.
A building or use customarily incidental or subordinate to
the principal building or use and located on the same lot with the
principal building or use. A mobile home, automobile trailer or other
vehicle, or part thereof, or building on wheels used as a temporary
or permanent dwelling or lodging place shall not be considered an
accessory building or use.
A public thoroughfare which affords only a secondary means
of access to abutting property.
A story partly underground but having at least 1/2 of its
height above the mean level of the adjoining ground. A basement shall
be counted as a story for the purpose of height measurements if the
vertical distance between the ceiling and the mean level of the adjoining
ground is more than five feet, or if used for business purposes, or
if used for dwelling purposes by other than a janitor or his family.
A building, other than a hotel, where meals or lodging and
meals are served for compensation.
The vertical distance from the main elevation of the finished
grade along the front of the building to the highest point.
A tract or parcel of land, privately or publicly owned, designated,
maintained, intended, and used for the purpose of accommodating people,
vehicles, equipment, and other accessories for living and sleeping
accommodations in a recreational setting, thereby supplying a location
for day-to-day and overnight camping.
A vehicle with a collapsible or folding structure designed
for human habitation and towed upon a highway by a motor vehicle and
any device designed for movement from place to place which provides
protection from the elements and is used for living and sleeping accommodations
on a day-to-day basis, including overnight camping, and is primarily
used in a recreational and/or sporting activity, and including optional
accessories of the same nature.
A private garage not completely enclosed by walls or doors.
For the purpose of this chapter, a carport shall be subject to all
the regulations prescribed for a private garage.
A story having more than 1/2 of its height below the mean
level of the adjoining ground. A cellar should not be occupied for
living purposes and shall not be counted as a story for purposes of
height measurement.
A use, either public or private, which because of its unique
characteristics cannot be properly classified as a permitted use in
any particular district or districts. After due consideration in each
case by the Plan Commission of the impact of such use on the neighboring
land and of the public need for the particular use at the particular
location, recommendations of approval or disapproval, with or without
conditions, shall be forwarded to the Town Board for final action.
[Amended 2-15-1996; 3-19-2009]
Any activity which results in an alteration of either land
or vegetation, except farming and normal grading and filling, for
purposes of changing to or intensifying existing uses in residential,
business, recreational, institutional, or industrial property.
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house or hotel.
That side of a lot abutting on a public street.
An open, unoccupied space on the same lot with the main building,
extending the full width of the lot and situated between the front
line of the lot and the front line of the building, projected to the
side lines of the lot.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
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 such story.
A main Town street or road designated on the Zoning Map which
may also be a state or county highway and which may serve the Town
as a whole and areas beyond the Town. A highway carries a large volume
of traffic.
An occupation for gain or support conducted only by members
of a family residing on the premises and incidental to residence,
provided that no special space is designed or arranged for such occupation
and no substantial stock-in-trade is kept or offered for sale except
such as may be produced by members of the immediate family residing
on the premises.
A building occupied as the more or less temporary abiding
place of individuals who are lodged, with or without meals, for compensation,
and in which there are more than four sleeping rooms.
A tract or parcel of land with or without improvements, privately
or publicly owned, designated, maintained, intended and used to lodge,
house, service, or care for animal pets, to include any facility to
raise, breed, board, or medically treat animal pets.
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.
A building other than a hotel where lodging is provided for
compensation.
A parcel of land occupied or to be occupied by one main building
or use, with its accessories, and including the open spaces accessory
to it. No area shall be counted as accessory to more than one main
building or use, and no area necessary for compliance with the open
space requirements for one main building or use shall be included
or counted in the calculation of the open space accessory to any other
main building or use.
The mean horizontal distance between the front and rear lot
lines.
The lines bounding a lot, as defined in this chapter.
That which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway and designed
and equipped and used primarily for sleeping, eating and living quarters.
A tract of land planned and used for the purpose of supplying
to the public parking space or lots for two or more mobile homes or
trailers for residential use only.
A building or portion thereof used or designed as a residence
for three or more families living independently of each other and
doing their own cooking therein, including apartments, apartment hotels,
and group houses.
A building or land occupied by a use that does not conform
to the use regulations of the district in which it is situated.
A building designed for or occupied exclusively by one family,
and said building shall contain a minimum width of 20 feet, measured
from the narrowest part of the structure, and a minimum living area
of 1,000 square feet.
[Amended 11-18-1999]
The off-street area required for parking one automobile,
which in this chapter is held to be the area shown in the following
diagrams:
 |
The main use of land or structures as distinguished from
a secondary or accessory use.
An accessory building or portion of the principal building
designed and used for the storage of motor vehicles by the occupants
of the building to which it is accessory.
A garage other than a private garage.
An open space on the same lot as the main building, unoccupied
except as permitted in this chapter, and including accessory buildings
which may occupy the rear yard as permitted in the residential districts.
The rear yard is situated between the rear line of the lot and the
rear line of the buildings, projected to the side lines of the lot.
A strip of land dedicated or acquired for public or private
use, typically to construct and operate infrastructure for transportation
facilities. The rights to utilize such right-of-way are generally
part of a recorded document. In the event there is no recorded document,
the right-of-way shall be determined by measuring 33 feet from the
center of the road.
[Added 10-16-2014]
The minimum required distance between the established lot
line/right-of-way line and a structure.
[Added 10-16-2014]
An open, unoccupied space on the same lot with the main building,
situated between the side of the building and the adjacent side line
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.
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 such floor and the ceiling
next above it.
A public or private thoroughfare which affords the principal
means of access to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground.
A building designed for or occupied exclusively by two families
living independently of each other, and said building shall contain
a minimum width of 20 feet, measured from the narrowest part of the
structure, and a minimum living area of 1,000 square feet.
[Amended 11-18-1999]
The area within the exterior wall lines of a building, provided
that the floor area shall not include attics, cellars or utility rooms,
garages, breezeways and unenclosed porches, and other areas not furnished
or usable as living quarters.
An open space on the same lot with a principal building or
group of buildings which is unoccupied and unobstructed from its lowest
level upward, except as otherwise permitted in this chapter, and which
extends along a lot line and at right angles thereto to a depth or
width specified in the yard regulations for the district in which
the lot is located. The yard depth or width is measured as the minimum
horizontal distance between the lot line and the nearest point of
a building or any projection thereof, excluding uncovered steps. Ordinary
projection of sills, belt courses, chimneys, flues, eaves and troughs
may project into the required yard no more than 1/3 of its minimum
width or 24 inches, whichever is smaller.
