For the purpose of this chapter, the following
shall apply as indicated throughout this chapter:
A.Â
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
B.Â
The present tense includes the future tense, and the
singular includes the plural.
C.Â
The word "shall" is mandatory; the word "may" is permissive.
D.Â
The word "used" or "occupied" also means intended,
designed or arranged to be used or occupied.
For the purpose of this chapter, the following
terms are defined:
A use or structure on the same lot with the principal use
or structure and of a nature customarily incidental and subordinate
to the principal structure.
Any airport which complies with the definition contained
in Ch. 114, Wis. Stats., or any airport which serves or offers to
serve common carriers engaged in air transport.
A public or approved private way which affords only a secondary
means of access to abutting property.
A change or rearrangement in the structural parts of a structure,
an enlargement of a structure, whether by extending on the side or
by increasing the height, or the movement of a structure from one
location to another.
A motorized passenger vehicle, car, van, or lightweight truck
designed for operation on ordinary roads.
[Added 6-21-2011 by Ord. No. 2011-16]
Buildings and premises where gasoline, oil, grease, batteries,
tires and automobile accessories and convenience retail goods may
be supplied, dispensed and sold and where minor repair or maintenance
work may be performed, such as ignition service, tire repair, repair
and replacement of minor parts such as pumps and filters and the like.
A filling station is not a repair or body shop.
Premises used for the storing, dismantling, crushing, shredding
or disassembly of used motor vehicles or their parts.
An establishment where meals and lodging are provided for
compensation by prearrangement other than in dwelling units, without
limitation on time periods involved, and for a total of at least four
or more boarders.
The use of land, topography, physical space, elevation differences,
fences, and/or landscape planting to screen or partially screen a
use of property from adjacent uses of property.
[Added 4-7-2011 by Ord. No. 2011-09]
A structure having one or more stories and a roof which is
used or intended to be used for shelter or enclosure for persons,
property or animals.
The front of a building shall be construed to be the portion
facing a street. For purposes of computation of the number and area
of signs, the frontage of a building shall be computed as nearly at
ground level as computation of horizontal distance permits. In cases
where this test is indeterminate or cannot be applied, as for instance
where there is a diagonal corner entrance, the Administrator or Inspector
shall select the building frontage on the basis of interior layout
of the building, traffic on adjacent streets, or other indicators.
A building's vertical measurement from the main level of
the finished grade in front of the building to the highest point on
the roofline of a flat roof, or a roof having a pitch ratio of less
than 1.4 from the horizontal, and to a point midway between the peak
and the eaves of a roof having a pitch ratio of more than 1.4.
The rear edge of any required front yard or the rear edge
of any required setback line.
The lot or lots or portion of a lot or lots used for building,
the total area of which lots is ascribed to the building for compliance
with these zoning regulations.
An office or group of offices relating to the health care
professions, including physicians, dentists and the like engaged in
the treatment of persons.
A parcel or parcels of land or an area of water or combination
of land and water designated and intended for either the recreational
use and enjoyment of residents of the development for which it was
established and for the general public or for the exclusive recreational
use and enjoyment of residents of the development for which it was
established. No yard required in connection with any principal use
or structure shall be designated or intended for use as common open
space.
Facilities defined in § 46.03, Wis. Stats.
A place where regular care is provided to three or more infirm
persons, children, or aged persons who are not members of the family
which resides on the premises.
Outagamie County, Wisconsin.
FAMILY DAY CAREA place where regular day care is provided to not more than eight children and which is licensed pursuant to Ch. 48, Wis. Stats.
GROUP DAY CAREA place where regular day care is provided to nine or more children and which is licensed pursuant to Ch. 48, Wis. Stats.
A woody plant with foliage that is shed annually.
[Added 4-7-2011 by Ord. No. 2011-09]
An open structure not enclosed with walls which is accessory
to the principal dwelling. For the purpose of determining location
on a lot, a deck is considered an accessory structure.
Residential, commercial, industrial, institutional, or other
land uses and associated roads.
[Amended 3-16-2021 by Ord. No. 2021-04]
A place where more than two adult dogs are boarded for a
fee on a recurrent basis or a place that keeps, harbors or has custody
of more than three dogs for any purpose.
Any establishment dispensing or serving food in automobiles,
including those establishments where customers serve themselves and
may eat or drink in the building or in their automobiles on the premises.
A building transportable in one or more sections, built on
a permanent chassis, with body width exceeding eight feet or body
length exceeding 32 feet, designed to be used as a single dwelling
with or without a permanent foundation when connected to the required
utilities.
A building made up of two or more modular sections transported
to the home site, put on a permanent foundation and joined to make
a single dwelling. For the purposes of this chapter, modular homes
shall be allowed as a single-family detached dwelling.
A building containing three or more dwelling units. The term
"multiple-family dwelling" shall include cooperative apartments, condominiums,
apartments and the like. Regardless of how rental units are equipped,
any multiple-family dwelling in which units are available for rental
periods of less than one week shall be considered a motel.
A building containing not more than one dwelling unit attached
at the side or sides in a series or group of three or more buildings
each containing not more than one dwelling unit. Each building shall
be separated from the adjoining building or buildings by a party wall
or walls extending from footings through roofs. The term "attached
dwelling" is intended to imply townhouses, patio or atrium houses
or any form which conforms to this definition.
A building containing not more than one dwelling unit entirely
separated from structures on adjacent lots. The term "detached dwelling"
shall not include mobile homes, travel trailers, or other forms of
portable or temporary housing.
One building containing not more than two dwelling units
or two buildings, attached at the side, with not more than one dwelling
unit per building. The term "two-family dwelling" is intended to imply
single-family semidetached buildings and duplexes or any form which
conforms to this definition.
A room or rooms connected together constituting a separate,
independent housekeeping establishment for one family only, for owner
occupancy or for rental, lease or other occupancy on a weekly or longer
basis, physically separated from any other rooms or dwelling units,
and containing independent cooking and sleeping facilities.
A woody plant with foliage that persists and remains green
year round.
[Added 4-7-2011 by Ord. No. 2011-09]
Assessed value adjusted for equalized value.
One person or two or more persons related by blood, foster
relationship, marriage or adoption and, in addition, any domestic
servants or gratuitous guests thereof, or one or more persons who
need not be so related and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
[Amended 12-20-2011 by Ord. No. 2011-30]
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls
or from the center line of walls separating two buildings, excluding
public corridors, common rest rooms, attic areas, unenclosed stairways,
elevator structures, heating or other building machinery or equipment
or basement space.
The ratio of the total floor area of a building to the total
lot area.
Land, buildings or structures used for the purpose of raising
or harboring fur-bearing animals, including those defined in § 29.001,
Wis. Stats., and also including chinchillas, whether the animals kept
for breeding, slaughtering or petting.
An accessory building designed or used for inside parking
of not more than three private motor vehicles, recreational vehicles
or boats by the occupant of the principal building. A private garage
attached to or a part of the main building is to be considered part
of the main building.
An accessory building designed or used for the storage of
more than three motor vehicles, recreational vehicles or boats.
A business, trade, or proprietorship that conforms to all provisions within § 535-64, Home occupations.
[Amended 3-4-2014 by Ord. No. 2014-04]
An establishment where sleeping accommodations are offered
to the public and intended primarily for rental to transients with
daily charge, as distinguished from multiple-family dwellings and
boardinghouses, where rentals are for periods of a week or longer
and occupancy is generally by residents rather than transients. Hotels
may serve meals to both occupants and others. The term "hotel" is
also intended to imply motel, motor court, motor lodge, tourist court
or any form which conforms to this definition.
Premises or land, buildings or structures where junk, waste,
discarded, salvaged or similar materials, such as old metals, wood,
lumber, glass, paper, rags, cloth, cordage, barrels, containers, etc.,
are brought, bought, sold, exchanged, baled, packed, stored or handled,
including used lumber and building materials, equipment, wrecking
yards and the like. This definition shall not include automobile salvage
or wrecking yards or pawnshops and establishments for the sale, storage
or purchase of secondhand vehicles, clothing, furniture, appliances
or similar household goods, all of which shall be usable, nor shall
it apply to the processing of used, discarded or salvageable materials
incident to manufacturing activity on the same site.
[Amended 12-20-2011 by Ord. No. 2011-30]
Alteration of the natural terrain, including the planting
of trees, shrubs, grass, and ground cover.
[Amended 4-7-2011 by Ord. No. 2011-09]
Treatment of grade, ground cover, vegetation and ornamentation
of a side or rear yard, where physical space and vertical elements
such as plantings, berms and fences combine to separate commercial,
industrial, and institutional uses from adjacent residential zoning
districts. A buffer yard shall be a green space where no portion of
a building, parking, driving, loading, or storage area may be located.
[Added 4-7-2011 by Ord. No. 2011-09]
Treatment of grade, ground cover, vegetation and ornamentation
of that portion of a front yard abutting existing or dedicated road
right-of-way.
[Added 4-7-2011 by Ord. No. 2011-09]
Treatment of grade, ground cover, vegetation and ornamentation
within the parking, loading and driving area on a lot.
[Added 4-7-2011 by Ord. No. 2011-09]
Treatment of grade, ground cover, vegetation and ornamentation
of off-street parking, loading or driving areas that are adjacent
to and within 30 feet of a side or rear property line, but excluding
such areas when a building or structure is located between them and
a property line.
[Added 4-7-2011 by Ord. No. 2011-09]
A parcel of land used or set aside and available for use
as the site for one or more buildings and buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street
nor including any land within the limits of a public or private street
right-of-way. The term "record lot" shall mean land designated as
a distinct and separate parcel on a legally recorded deed or plat
in the office of the Register of Deeds.
The total horizontal area within the lot lines of the lot.
The percentage of the lot area covered by the principal structure.
Depth of a lot shall be considered to be the distance between
the midpoints of straight lines connecting the foremost points of
the side lot lines in front and the rearmost points of the side lot
lines in the rear.
The front of an interior lot shall be construed to be the
portion nearest the street. For the purpose of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to a
street shall be considered frontage, and yards shall be provided as
set out in these zoning regulations. For the purpose of computing
number and area of signs, frontage of a lot shall be established by
orientation of the frontage of buildings thereon or of principal entrance
points to the premises if building frontage does not clearly indicate
lot frontage. If neither of these methods is determinant, the Building
Inspector shall select on the basis of traffic flow on adjacent streets,
and the lot shall be considered to front on the street with the greater
flow.
The diagram which follows illustrates terminology used in
these zoning regulations with reference to corner lots, interior lots,
reversed frontage lots and through lots.
 | ||
|
A
|
=
|
Corner lot, defined as a lot located at the
intersection of two or more streets. A lot abutting on a curved street
or streets shall be considered a corner lot if straight lines drawn
from the foremost point of the lot meet at an interior angle of less
than 135°. See lots A(1) in the diagram.
|
|
B
|
=
|
Interior lot, defined as a lot other than a
corner lot with only one frontage on a street.
|
|
C
|
=
|
Through lot, defined as a lot other than a corner
lot with frontage on more than one street. Through lots abutting two
streets may be referred to as "double frontage lots."
|
|
D
|
=
|
Reversed frontage lot, defined as a lot on which
the frontage is at right angles or approximately right angles (interior
angle less than 135°) to the general pattern in the area. A reversed
frontage lot may also be a corner lot (A-D in the diagram), an interior
lot (B-D) or a through lot (C-D).
|
Width of a lot shall be considered to be the average distance
between straight lines connecting front and rear lot lines at each
side of the lot, measured as straight lines between the foremost points
of the side lot lines in front (where they intersect with street line)
and the rearmost points of the side lot lines in the rear; provided,
however, that the width between the side lot lines at their foremost
points in the front shall not be less than 80% of the required lot
width, except in the case of lots on the turning circle of a cul-de-sac,
where the width shall not be less than 60% of the required lot width.
 |
Premises designed and maintained for location of two or more
mobile homes under a continuing local general management and including
special facilities for common use by the occupants, such as open space
areas and recreational areas and buildings.
A parcel or lot within a mobile home park designated for
the accommodation of not more than one mobile home.
Premises where more than two mobile homes are located for
nontransient living purposes and where lots are set aside and offered
for sale for use by mobile homes for living purposes.
The total acreage of a lot, tract or parcel of land excluding
land in existing and proposed streets and street rights-of-way.
Refers to the number of residential dwelling units permitted
per net acre of land and is determined by dividing the number of units
by the total area of land within the boundaries of a lot or parcel,
not including street rights-of-way. In the determination of the number
of dwellings to be permitted on a specific parcel of land, a fractional
unit shall not entitle the applicant to an additional unit.
An office for such activities as real estate agencies, advertising
agencies (but not sign shops), insurance agencies, travel agencies
and ticket sales, chamber of commerce, credit bureau (but not finance
company), abstract and title agencies or insurance companies, stockbrokers,
and the like. It is characteristic of a business office that retail
or wholesale goods are not shown on the premises to a customer. A
barbershop or beauty shop is not a business office.
An office for the use of a person or persons generally classified
as professionals, such as architects, engineers, attorneys, accountants,
doctors, dentists, chiropractors, psychiatrists, psychologists, and
the like.
A durable, impervious surface, either outside of or within
a structure, which is permanently maintained and of sufficient size
to store a parked automobile or other motorized vehicle.
[Added 4-7-2011 by Ord. No. 2011-09]
The agency or commission designated by the Town Board pursuant
to § 62.23, Wis. Stats.
A residential land development comprehensively planned as
an entity via a unitary plan which permits flexibility in building
siting, mixtures of housing types, usable open spaces and the preservation
of significant natural features.
A landscaping feature surrounded on all sides by parking
and/or driving surfaces.
[Added 4-7-2011 by Ord. No. 2011-09]
A landscaping feature that is attached on one side to open
space, sidewalks, buildings or structures and on all other sides to
parking and/or driving surfaces.
[Added 4-7-2011 by Ord. No. 2011-09]
Premises and facilities used occasionally or periodically
for the accommodation of members of groups or associations for outdoor
recreational activities.
A woody plant, smaller than a tree, which consists of small
stems or branches at the ground and which is of either deciduous or
evergreen species.
[Added 4-7-2011 by Ord. No. 2011-09]
Those uses or structures that may not be appropriate generally or without restriction throughout a district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. Such uses or structures may be permitted in a zoning district if they meet the requirements of the district in which they are located and Article XI.
Premises where more than one horse (livestock) is boarded,
raised, kept or trained regardless of whether such horses are (livestock
is) owned by the occupants or owners of the premises. A stable shall
provide not less than one acre of lot area per horse.
Premises on which horses are (livestock is) kept for the
purpose of renting them to the public on any basis. A riding stable
shall consist of not less than five acres.
Premises where goods and materials or more than three motor
vehicles, recreational vehicles or boats are stored for a fee.
That portion of a building, other than a basement, that is
between the surface of any floor and the surface of the next floor
above it or, if there is not a floor above, then the space between
such floor and the ceiling next above it.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way line.
Anything constructed or erected with a fixed location on
the ground or attached to something with a fixed location on the ground.
A large, woody plant having one or several self-supporting
stems or trunks and numerous branches and which is of either deciduous
or evergreen species.
[Added 4-7-2011 by Ord. No. 2011-09]
A deciduous tree planted primarily for ornamental value or
screening purposes and which at maturity will tend to be smaller than
a shade tree.
[Added 4-7-2011 by Ord. No. 2011-09]
A deciduous tree planted primarily for its high crown of
foliage or its overhead canopy.
[Added 4-7-2011 by Ord. No. 2011-09]
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 this chapter would result in unnecessary and undue hardship. Variances may be granted only if they meet the requirements of Article XII of this chapter.
Any vehicle subject to registration fees under § 341.25(2),
Wis. Stats., or any vehicle primarily intended for commercial business
use, including trailers, semi-tractors/trailers, and school buses.
[Added 6-21-2011 by Ord. No. 2011-16]
Any motorized or nonmotorized vehicle (other than a passenger
vehicle, car, van, or lightweight truck) primarily manufactured for
the express purpose of providing recreational/utility activities,
including but not limited to motor homes, trucks with camper shells,
unmounted camper shells, camper and travel trailers, horse trailers,
all-terrain vehicles, boats, jet skis, snowmobiles, motorcycles, farm
or lawn/garden tractors, golf carts, neighborhood electric vehicles,
ice shanties, utility trailers, trailers used to transport recreational/utility
vehicles, and any motorized or nonmotorized vehicles similar to those
listed herein.
[Added 6-21-2011 by Ord. No. 2011-16]
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward; provided, however, that fences,
walls, poles, posts and other customary yard accessory ornaments and
furniture may be permitted in any yard subject to height limitations
and requirements limiting obstruction to visibility. "Required yard"
means that minimum distance specified by these regulations measured
from the property line.
A yard extending across the front of a lot between the side
lot lines and extending from the street line to the nearest line of
the principal structure or projection of the principal structure.
A yard extending across the rear of a lot between the side
lots lines and extending from the rear property line to the nearest
line of the principal structure or projection of the principal structure.
A yard extending between the nearest building or projection
thereof and the side lot line and extending from the front yard to
the rear yard.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The following definitions, which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "sign, accessory"; "sign area"; "sign, number of"; and "sign types."
