This chapter shall be known as, referred to or cited as the "Zoning Code, Village of Neshkoro, Wisconsin."
The purpose of this chapter is to promote the health, safety, prosperity, aesthetics and general welfare of the Village of Neshkoro.
It is the general intent of this chapter to:
A.
Regulate and restrict the use of all structures, lands and waters;
B.
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;
C.
Secure safety from fire, flooding, panic and other dangers;
D.
Provide adequate light, air, sanitation and drainage;
E.
Prevent overcrowding; avoid undue population concentration;
F.
Facilitate the adequate provision of public facilities and utilities;
G.
Stabilize and protect property values;
H.
Further the appropriate use of land and conservation of natural resources;
I.
Preserve and promote the beauty of the Village of Neshkoro;
J.
To prohibit uses, buildings or structures incompatible with the character of development within specified zoning districts;
K.
To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
L.
Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;
M.
Further the maintenance of safe and healthful water conditions;
N.
Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects;
O.
Provide for and protect a variety of suitable business and manufacturing sites;
P.
Protect the traffic-carrying capacity on existing and proposed arterial streets and highways;
Q.
Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village of Neshkoro;
R.
Provide for the administration and enforcement of this chapter; and to provide penalties for the violation of this chapter.
Unless specifically stated, it is not otherwise intended by this chapter to repeal, abrogate, annul, 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.
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.
This chapter and the Zoning Map of the Code of Ordinances in book form entitled "Code of Ordinances of the Village of Neshkoro, Wisconsin," as revised, shall be and hereby is adopted as the general zoning ordinance and zoning map in and for the Village of Neshkoro, Wisconsin.
[Amended 10-4-2010; 6-8-2020]
For the purposes of this chapter, the following terms shall have the meanings indicated:
A subordinate building or portion of the main building, the use of which is purely incidental to that of the main building, not including a garage as defined herein. Mobile homes, semi-trailers, camping units, recreational vehicles, mobile office units, shipping containers, buses, motor coaches, trailers and boxcars shall not be used as accessory buildings.
A use subordinate in nature, extent or purpose to the principal use of the building or lot.
Any use representing compatible and appropriate change of a previously existing structure.
A way which affords only a secondary means of access to abutting property and which is not less than 30 feet wide.
A water tower, silo, utility pole, light pole, smokestack, electrical transmission tower, building or other similar structure of at least 50 feet in height, and used as a structural base, stand, pedestal, or physical support for one or more wireless telecommunications facilities.
A portion of a residential or commercial building used as a separate housing unit.
See "dwelling, multiple."
A public street connecting arterial highways and thus intended to serve heavier volume and higher speed through traffic. Primary arterial streets typically interconnect state trunk highways whereas secondary arterial streets interconnect county trunk highways.
A building other than a hotel where meals or lodging and meals are served for compensation for not more than six persons.
A structure having a roof and intended for the shelter, housing or enclosure for persons, animals or chattel.
The total living space available for a designated use as found within the exterior walls of a building at the floor levels, or within the perimeter walls at the floor levels of an apartment in a multifamily structure, excluding unfinished basements and attics, breezeways, garages, porches and common use space such as stairs, elevators, corridors, utility and laundry rooms.
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.
A line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
The vertical distance measured from the mean elevation of the finished grade at the street yard face of the structure, to the top of the roof eave fascia or lowest level of roofing material, whichever is less restrictive.
A building in which is conducted the main use of the lot on which said building is located.
Includes the business and general manufacturing uses and districts as herein defined.
See "garage."
A building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
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.
A public street intended to collect residential and/or commercial/industrial traffic from minor streets and drives and to direct this traffic to an arterial system of roads and streets. Collector streets typically provide a continuous route for intermediate traffic volumes operating at moderate speeds.
The clustering of multiple antennas, dishes or similar telecommunications facilities or devices operated by different service providers but located on a single, freestanding wireless telecommunications facility or alternative support structure.
As defined in § 46.03(22), Wis. Stats. 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.
A use of land, water or building which is allowable only after the issuance of a special permit by the Village Board under conditions specified in this chapter.
Any lawful use of a building or lot which complies with the provisions of this chapter.
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.
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.
The level of the established curb in the front of the building, measured at the center of such front.
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.
An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
A detached building designed and used exclusively as a single-family residence, or a single-family residence incorporated into a multifamily complex of dwelling units. Does not include: boardinghouse or lodging house; motels or hotels; cabins, tents, travel trailer, or recreational vehicles; or mobile homes not securely attached to a permanent foundation with wheels and axles removed and thus taxed as a single-family dwelling.
A group of two or more multifamily dwellings occupying a lot in one ownership with any two or more dwellings having any yard or court in common.
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.
A building designed, arranged or used for and occupied exclusively by one family, whether attached, detached or semiattached. Shall include specially designed buildings covered by earth and manufactured homes.
A building designed, arranged or used for, or occupied exclusively by, two families living independently of each other.
Public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots or invasions.
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, television, steam, water, sanitary sewerage, stormwater drainage, and conventional, nonwireless telephonic 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, wireless telecommunications facilities, or wireless telecommunications support facilities.
Persons who live together in one dwelling unit as a single housekeeping entity.
Land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
That portion of a structure located partially below the adjoining lot grade and provided with: two or more exits and sufficient windows to be naturally ventilated and illuminated, and thus considered as livable space.
The total usable space available within the perimeter walls on all floors of a building including interior corridors, stairs, elevators, passageways, and finished basements serving the primary function of the building. Unfinished basements and attics, unheated porches and breezeways, garages and maintenance shops are excluded from floor area determinations.
The minimum area of a building lot expressed as a function of the floor area of the structure to be placed or erected thereon. For example, a building with floor area of 2,000 square feet placed on a twelve-thousand-square-foot lot computes as a floor area ratio (FAR) of six. With a required FAR of five, the same two-thousand-square-foot building could be placed on a ten-thousand-square-foot lot.
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.
A self-supporting telecommunications tower or other self-supporting wireless telecommunications facility that is not mounted or otherwise attached to an alternative support structure. A tower using guy wires shall be considered a freestanding wireless telecommunications facility.
All of the property abutting on one side of a street measured along the street line or waterway.
A building or portion thereof primarily designed or used exclusively for parking or temporary storage of self-propelled vehicles.
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.
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; 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.
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.
Any structure listed or eligible for listing in the National Register of Historic Places or any other structure at least 75 years old and determined by the Village Board to have historic, architectural or economic value to Village.
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 of § 500-40.
A building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than six sleeping rooms, usually occupied singly, and no provision made for cooking in the individual apartments.
A non-self-propelled vehicle, containing living or sleeping accommodations, which is designed and used for highway travel.
Enacted in 1976 by the federal government to establish minimum construction and safety standards for factory-built dwellings, these standards are enforced by the Federal Department of Housing and Urban Development and thus referred to as the "HUD Code."
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.
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 parcel of land having frontage on a public street, 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.
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.
The area of a lot occupied by the principal building or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.
The area of a lot occupied by the principal building or buildings and accessory buildings.
A lot situated on a single street which is bounded by adjacent lots along each of its other lines.
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
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.
A parcel of land held in separate ownership, having frontage on a public street or other approved means of 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 pertaining to the district wherein located.
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.
The width of a parcel of land measured at the rear of the specified street yard.
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.
A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 through 5426, which, when placed on the site:
Is set on an enclosed continuous foundation in accordance with § 70.043(1), Wis. Stats., and Ch. Comm 26, Wis. Adm. Code, or is set on a comparable enclosed continuous foundation system approved by the Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities;
Is a dwelling consisting of one or more post-1976, factory-built units in compliance with HUD Code standards and transported to the home site over the public roads and streets using removable tongues, wheels and axles, and/or dollies, and then assembled, placed and secured on a single-family lot in accordance with the manufacturer's recommendations and/or the pertinent provisions of the Village Building Code. (Manufactured homes typically have shingled roofs with three in 12 or steeper slopes, horizontal lap siding or vertical board and batten siding and a unit width of at least 14 feet; for the purpose of this chapter, a manufactured home placed in a mobile home park shall be deemed a "mobile home"); and
Meets other applicable standards of this chapter.
A roof-like structure of permanent nature which projects from the wall of a building.
A public right-of-way, not less than 66 feet wide, providing direct access to abutting property and serving low volumes of low-speed traffic.
As set forth in § 500-92.
A series of attached, semiattached or detached sleeping units for the accommodation of transient guests.
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.
Any passenger vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical power.
Any building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.
Any use of land, buildings or structures which does not comply with all of the regulations of this chapter or of any amendment hereto governing uses for the zoning district in which such use is located.
Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
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.
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.
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.
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.
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.
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 § 500-40 and only one nonresident person is employed.
The lines bounding a platted lot, as defined herein.
Any sidewalk, street, alley, highway or other public thoroughfare.
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.
A school limited to special instruction, such as business, art, music, trades, handicraft, dancing or riding.
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 persons who are developmentally disabled or a college or other institution of higher learning.
See Article VII, Signs, of this chapter.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between such floor and the ceiling next above it.
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 public or private thoroughfare which affords the principal means of access to abutting property.
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
A vehicle designed to be towed or self-propelled over the public roads and streets and constructed in a manner to provide living space and thus serve as a temporary residence or sleeping place for one to six persons.
The unfinished portion of a structure located mostly below grade without sufficient exits or natural lighting and ventilation to be considered as livable space.
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.
See definition for "conditional use."
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.
The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be "permitted" or "conditional."
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.
No obstruction to traffic visibility, such as structures, trees, shrubs or parked vehicles, shall be permitted in a vision triangle, as defined herein, between the heights of 2 1/2 feet and 10 feet above the mean curb grade or mean center line grade where streets are without curbs.
A triangular space at the corner of a lot abutting two existing or proposed intersecting streets or alleys and bounded by a diagonal line connecting points on such street right-of-way lines at a distance as specified and measured from their intersection. No fence, wall, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along said street lines from the point of intersection, as follows:
A facility that consists of or includes one or more antennas, antenna arrays, telecommunications towers, microwave relay systems, satellite dish antennas of at least 36 inches in diameter, or other similar communications devices used for transmitting, receiving or relaying radio, microwave, digital, cellular or other wireless telecommunications signals. For the purposes of this chapter, wireless telecommunications facilities shall not include conventional, nonwireless telephone poles (unless also serving as an alternative support structure), residential satellite dishes less than 36 inches in diameter, residential television antennas, and amateur radio facilities.
Any and all ancillary structures, mechanicals, shelters, devices or equipment, other than attached antennas, that are incidental or accessory to the operation of a wireless telecommunications facility.
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation as permitted. The front and rear yards extend the full width of the lot.
A yard extending across the width of the lot with minimum depth as specified and measured as a horizontal distance between the front or street property line and a line parallel thereto through the nearest point of the principal structure. Street/front yards shall be maintained free of structures, obstacles, sight obstructions and related man-made facilities other than the overnight parking of motor vehicles in defined driveways.
A yard extending along the full length of the rear lot line between the side lot lines.
A yard extending along a side lot line from the front yard to the rear yard.
A side yard which adjoins a public street.
A side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.
Yard abutting a street. (See "yard, front.")
A second yard on the side of a corner lot abutting two or more streets at their intersection. Street side yards have widths equal to or greater than ordinary side yards to assure safe sight distances for intersecting traffic flows.
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 a manufacturing district which adjoins a zoning lot in either a residential or business 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.