City of Weyauwega, WI
Waupaca County
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Table of Contents
Table of Contents
For the purposes of this chapter, the following definitions shall be used, unless a different definition is specifically provided for a section. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not permissive.
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
ADVERTISING SIGN, OUTDOOR
A structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ADVERTISING STRUCTURE, OUTDOOR
Anything constructed or erected, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ALLEY
A special public right-of-way affording only secondary access to abutting properties.
APARTMENT
A portion of a residential or commercial building used as a separate housing unit.
APARTMENT HOUSE
See "dwelling, multiple."
ARTERIAL STREET
A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways and parkways.
AUTHORITY
A person, committee, or board to whom or to which the power to issue a permit or make a determination, decision, or judgment has been delegated.
BASEMENT or CELLAR
A story partly underground but having at least 1/2 of its height, or five or more feet, below the mean level of the adjoining ground. See Chs. Comm 20, 21 and 22, Wis. Adm. Code.
BOARDINGHOUSE
A building other than a hotel or restaurant where meals or lodging is regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
BUILDING
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
BUILDING, ALTERATION OF
Any change or rearrangement of the supporting members, such as bearing walls, beams, columns or girders, of a building, an addition to a building, or movement of a building from one location to another.
BUILDING AREA
The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
BUILDING, FRONT LINE OF
A line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
BUILDING, HEIGHT OF
The vertical distance from the highest point of a finished grade along the front of the building to the highest point of a flat roof, or to the deckline of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BUSINESS
An occupation, employment, or enterprise which occupies time, attention, labor and materials or wherein merchandise is exhibited or sold or where services are offered, other than home occupations.
CARPORT
See "garage."
CLINIC
A building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
CLOTHING REPAIR SHOPS
Shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, and clothes-pressing shops, but not employing over five persons.
CLOTHING STORES
Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery and millinery shops.
CLUB
A building owned, leased or hired by a nonprofit association of persons who are bona fide members, the use of which is restricted to said members and their guests.
COMMERCIAL FEED LOT
Confinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:
A. 
The farm or site does not produce a minimum of 60% of the feed necessary to sustain the herd.
B. 
The farm or site is insufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.
COMMUNITY LIVING ARRANGEMENT
The following facilities licensed or operated or permitted under the authority of Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats., group homes under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but does not include nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including §§ 46.03(22), 59.69(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.[1]
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination as a principal use in a district, allowed only under conditions specified under this chapter.
CONFORMING USE
Any lawful use of a building or lot which complies with the provisions of this chapter.
COURT
An open, unoccupied space, other than a yard, on the same lot with a building and which is bounded on two sides by the building.
CURB BREAK
Any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.
CURB LEVEL
The level of the established curb in the front of the building measured at the center of such front.
DAY-CARE CENTER
A place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in § 48.65, Wis. Stats.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses; mining, dredging, filling, grading, paving, excavation or drilling operations; or disposition of materials.
DISTRICT
A part or parts of the City for which the regulations of this chapter governing the use and location of land and buildings are uniform.
DOUBLE-WIDE MOBILE HOME
A mobile home consisting of two mobile home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.
DRIVE-IN RESTAURANT
An establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups, including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises.
DWELLING
A building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodging houses, motels, hotels, tents, cabins, or mobile homes.
DWELLING, EFFICIENCY
A dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE
A building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums, with the number of families in residence not to exceed the number of dwelling units provided.
DWELLING, ONE-FAMILY
A detached building designed, arranged or used for and occupied exclusively by one family, whether attached, detached or semi-attached, and shall include specially designed buildings covered by earth and manufactured homes.
DWELLING, TWO-FAMILY
A detached building containing two separate dwelling (or living) units designed for occupancy by not more than two families.
DWELLING UNIT
A building or portion thereof used exclusively for human habitation, including single-family, two- family and multifamily dwellings, but not including hotels, motels or lodging houses.
EMERGENCY SHELTERS
Public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots or invasions.
ESSENTIAL SERVICES
Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:[2]
A. 
The group shares the entire dwelling unit.
B. 
The group lives and cooks together as a single housekeeping unit.
C. 
The group shares expenses for food, rent, utilities or other household expenses.
D. 
The group is permanent and stable and not transient or temporary in nature.
E. 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FARM
Land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
FOSTER FAMILY HOME
The primary domicile of a foster parent which is for four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.
FOUNDATION
A continuous structure designed to support a building that is 48 inches (or more) below the adjacent ground, including footings.
FRONTAGE
The smallest dimension of a lot abutting a public street measured along the street line.
GARAGE
A building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles.
GARAGE, PUBLIC
A building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as "gasoline stations" or "service stations."
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances and the sale of motor vehicle accessories and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.
GIFT STORES
Retail stores where items such as art, antiques, jewelry, books, and notions are sold.
GROUP FOSTER HOME
Any facility operated by a person required to be licensed by the State of Wisconsin under § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HARDWARE STORES
Retail stores where items such as plumbing, heating, and electrical supplies, sporting goods and paints are sold.
HOME OCCUPATION
Any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building thereto and meeting the standards in § 530-46.
HOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
HOUSE TRAILER
A non-self-propelled vehicle containing living or sleeping accommodations which is designed and used for highway travel.
JUNKYARD
An open space where waste, 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. "Junkyard" also includes an auto wrecking yard but does not include uses established entirely within enclosed buildings.
LOADING AREA
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
LODGING HOUSE
See "boardinghouse."
LOT
A parcel of land having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.
LOT, CORNER
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
LOT DEPTH
The least distance from the rear lot line to the front lot line.
LOT, INTERIOR
A lot situated on a single street which is bounded by adjacent lots along each of its other lines.
LOT LINE, FRONT
The street frontage shall be the front lot line. On a corner lot, the primary front lot line shall be along the same street as the front lot line of the immediately adjacent interior lot or, if adjacent to two or more interior lots, the street frontage with the smallest dimension.
[Amended 9-28-2015 by Ord. No. 2015-2]
LOT LINE, REAR
The lot line which is opposite and most distant from the front line. In the case of a four-sided lot, the owner shall select any lot line, other than one of the front lot lines, to be the rear lot line. In the case of a double frontage lot, the rear lot line shall be most opposite the front lot line along the street frontage from which access is not gained. The rear lot line of any irregularly shaped lot or triangular lot shall be a line within the lot which is 10 feet long and most parallel to and distant from the front lot line. For a triangular lot which is also a corner lot there shall be no rear lot line.
[Amended 7-19-2010 by Ord. No. 2010-02]
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT LINE, SIDE
The lot line that is not a front lot line or a rear lot line.
LOT OF RECORD
A platted lot of a recorded subdivision, certified survey map, or parcel of land for which the deed, prior to the adoption of this chapter, is on record with the Waupaca County Register of Deeds and which exists as described therein.
LOT, REVERSED CORNER
A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, SUBSTANDARD
A parcel of land held in separate ownership having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this chapter.
LOT, THROUGH
A lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTH
The minimum horizontal distance between the side lot lines measured along a straight line most parallel to the front lot line. This minimum measurement or greater is maintained from the front building setback to the rear building setback.
LOT, ZONING
A single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control.
MACHINE SHOPS
Shops where lathes, presses, grinders, shapers, and other wood and metalworking machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing; and heating and electrical repair and overhaul shops.
MARQUEE or CANOPY
A roof-like structure of permanent nature which projects from the wall of a building.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426 complying with all of the following requirements:
A. 
The home shall be a double wide of at least 24 feet in width and 36 feet in length.
B. 
The home shall be installed on an approved continuous foundation system in conformity with the Uniform Building Code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or City Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
C. 
The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
D. 
The home shall be covered by a roof pitched at a minimum slope of two inches in 12 inches which is permanently covered with nonreflective material.
E. 
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the City of Weyauwega.
MINOR STRUCTURE
Any small, movable accessory erection or construction, such as birdhouses, toolhouses, pet houses, play equipment, arbors, and walls and fences under four feet in height.
MOBILE HOME
A transportable structure, being eight feet or more in width (not including the overhang of the roof) or 32 feet or more in length (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; excluded from this definition are manufactured homes.
MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.
MOTEL
A building containing lodging rooms having adjoining individual bathrooms and where each lodging has a doorway opening directly to the outdoors and more than 50% of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.
MOTOR FREIGHT TERMINAL
A building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
MOTOR VEHICLE
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
NONCONFORMING USES OR STRUCTURES
Any structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
NURSERY
Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
NURSERY SCHOOL
Any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas other than the child's own home or the homes of relatives or guardians.
NURSING HOME
Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
OTHER OFFICIALLY APPROVED ACCESS
A private road or easement extending from a private property to a component of the public street system which the City Plan Commission has approved as a primary means of access.
PARKING AREA, SEMIPUBLIC
An open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.
PARKING LOT
A structure or premises containing 10 or more parking spaces open to the public.
PARKING SPACE
An off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PARTY WALL
A wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above and which separates contiguous buildings but is in joint use for each building.
PLACE
An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLANNED RESIDENTIAL DEVELOPMENT
A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed the standards in § 530-46 and only one nonresident person is employed.
PROPERTY LINES
The lines bounding a platted lot as defined herein.
PUBLIC WAY
Any sidewalk, street, alley, highway or other public thoroughfare.
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.
SCHOOL, COMMERCIAL
A school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
SCHOOL, PRIVATE
An elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for mentally disabled persons or a college or other institution of higher learning.[3]
SEAT
Furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.
SETBACK
The minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhanging eaves/cornices shall not exceed 24 inches. Any overhang of the eave/cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of the eave/cornice over 24 inches. Uncovered steps shall not be included in measuring the setback as provided in § 530-9G.
SIGN
See § 530-61 of this chapter.[4]
STORY
That portion of a principal building included between the surface of any floor and the surface of the next floor above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.
STORY, HALF
A story which is situated in a sloping roof, the floor area of which does not exceed 2/3 of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.[5]
STRUCTURAL ALTERATION
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
TRAILER PARK
Any lot on which are parked two or more house trailers or mobile homes for longer than 48 hours.
USE
The use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained, and shall include any manner of standards of this chapter.[6]
USE, PERMITTED
A use which may be lawfully established in a particular district or districts, provided that it conforms to 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.
UTILITIES
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
VENDING MACHINE
A retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.
YARD
A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter. A yard shall extend along a lot line and at a right angle to such lot line between side lot lines to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, CORNER SIDE
A side yard which adjoins a public street.
YARD, FRONT
A yard extending along the full width of the front lot line between the side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such a lot is located.
YARD, REAR
A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD, SIDE
A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.[7]
YARD, TRANSITIONAL
That yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.
ZERO LOT LINE DUPLEX
This dwelling unit type consists of a single-family residence which is attached on one side to another single-family residence. A zero lot line duplex is distinguished from a duplex merely by having each unit located on an individual lot. These dwelling unit types shall not be split into additional residences.
ZONING DISTRICT
An area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The following definitions were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "sign, awning"; "sign copy"; "sign face"; "sign, ground"; "sign, portable"; "sign, projecting"; "sign, roof"; "sign, wall"; and "sign, window."
[5]
Editor's Note: The definition "street yard" which immediately followed this definition was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[6]
Editor's Note: The definitions of "use, accessory" and "use, nonconforming" which immediately followed this definition were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definitions of "accessory use or structure" and "nonconforming uses or structures."
[7]
Editor's Note: The definition "yard, street" which immediately followed this definition was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Throughout this chapter, references to "street yard" were amended to read "front yard" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).