This chapter shall be known, cited and referred to as the "Village
of Johnson Creek Zoning Ordinance," except as referred to herein,
where it shall be known as "this chapter."
This chapter is enacted pursuant to the authority granted by
the State of Wisconsin Statutes. Specific statutory references are
provided within the body of this chapter solely as a means of assisting
the reader. Such references are not to be considered as all inclusive
and shall in no manner be construed so as to limit the application
or interpretation of this chapter.
[1]
Editor's Note: See §§ 62.23(7), 62.231, 87.30
and 144.26, Wis. Stats.
In enacting this chapter, special attention has been given to
ensuring a direct relationship of these regulations to the Village
of Johnson Creek's Comprehensive Master Plan. The general intent of
this chapter is to implement certain goals and objectives of the Comprehensive
Master Plan which are best addressed through zoning approaches, as
enabled by State of Wisconsin Statutes.
A.
Rationale. Throughout this chapter, paragraphs labeled "Rationale"
are included to ensure a complete understanding of the purpose and
reasoning of the Village in adopting that particular portion of this
chapter. Each rationale is intended as an official statement of the
legislative findings or purposes, and shall be treated in the same
manner as other aspects of legislative history, and shall serve to
guide the administrative and judicial interpretation of this chapter.
The specific rationale expressed in each rationale section are not
intended to be exhaustive, and other nonexplicit rationale may also
be applicable.
B.
Appearance of ordinance text. The underlined, boldfaced, italicized,
alternative point-sized, and/or capitalized typefaces used in this
chapter are inserted only for convenience and are in no way to be
construed as part of the provisions of this chapter or as a limitation
on the scope of the particular sections or subsections to which they
refer.
A.
The overall purpose of this chapter is to implement the Village of
Johnson Creek Comprehensive Master Plan to the extent possible under
zoning, as authorized by State of Wisconsin Statutes.
B.
This chapter is designed to control and lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to promote
health and the general welfare; to promote adequate light and air;
to encourage the protection of groundwater resources; to prevent the
overcrowding of land; to avoid undue concentration of population;
to preserve, protect and promote property values; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public facilities, and to preserve burial sites as defined
in § 157.70(1), Wis. Stats.[1]
[1]
Editor's Note: See also § 62.23(7)(c), Wis. Stats.
C.
Specifically, this chapter is adopted for the purpose of protecting
the public health, safety, morals, comfort, convenience and general
welfare by implementing certain goals and objectives of the Comprehensive
Master Plan. Additional purposes of this chapter are specified throughout
this chapter.
|
Rationale: In developing the specific regulations of this chapter, much effort has gone into balancing the goals and objectives of the Comprehensive Master Plan. The current status of this chapter and its components (including the Official Zoning Map) represent the cohesive result of carefully considered plan implementation practices. Amendments to these provisions and/or the Official Zoning Map shall seriously consider the effect of such changes on the interrelationships which exist within this chapter and between this document, the Comprehensive Master Plan, and related long-range planning policies and programs. (See §§ 250-121 and 250-122.)
|
It is hereby declared to be the intention of the Village Board
that the several provisions of this chapter are separable in accordance
with the following:
A.
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provisions of this chapter not specifically included in said
judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the
application of any portion of this chapter to a particular property,
water, building or structure, such judgment shall not affect the application
of said provision to any other property, water, building or structure
not specifically included in said judgment.
C.
If any requirement or limitation attached to an authorization given
under this chapter is found invalid, it shall be presumed that the
authorization would not have been granted without the requirement
or limitation and, therefore, said authorization shall also be invalid.
D.
The Village does not guarantee, warrant or represent that only those
areas designated as floodlands will be subject to periodic inundation
and hereby asserts that there is no liability on the part of the Village,
its officers, employees, agents or representatives for any flood damages,
sanitation problems, or structural damages.
It is not intended that this chapter abrogate or interfere with
any constitutionally protected vested right. It is also not intended
that this chapter abrogate, repeal, annul, impair or interfere with
any existing easements, covenants, deed restrictions, agreements,
rules, regulations or permits previously adopted or issued pursuant
to law.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals and welfare and shall be liberally
construed in favor of the Village and shall not be construed to be
a limitation or repeal of any other power now possessed by the Village
of Johnson Creek.
B.
Where property is affected by the regulations imposed by any provision
of this chapter and by other governmental regulations, the regulations
which are more restrictive or which impose higher standards or requirements
shall prevail. Regardless of any other provision of this chapter,
no land shall be developed or used and no structure erected or maintained
in violation of any state or federal regulations.
C.
No structure, land, water or air shall hereafter be used and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without a zoning
permit, except minor structures, and without full compliance with
the provisions of this chapter and all other applicable local, county
and state regulations.
D.
Nothing herein contained shall require any changes in plans, construction,
size or designated use of any building or part thereof for which a
zoning or building permit has been issued before the effective date
of this chapter and the construction of which shall have been started
within six months from the date of such permit.
E.
Except as provided in this chapter, under provisions for nonconforming uses (§ 250-46), nonconforming developments (§ 250-54), substandard lots (§ 250-61), and nonconforming structures and buildings (§ 250-62), no building, structure, development or premises shall be hereinafter used or occupied and no applicable permit granted that does not conform to the requirements of this chapter.
F.
In cases of mixed-occupancy or mixed-use, the regulations for each
land use shall apply to the portion of the structure or land so occupied
or so used.
This chapter is applicable to all territory located within the
corporate limits of the Village of Johnson Creek.
A.
This chapter, in part, carries forward by reenactment some of the provisions of the regulations governing zoning and related matters, being previously known collectively as the "Zoning Code," Chapter 250 of the Code of Ordinances for the Village of Johnson Creek, adopted prior to the effective date of this chapter. It is not the intention of this chapter to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this chapter or altered by the Official Zoning Map.
B.
All provisions of Chapter 250 of the Village of Johnson Creek Code which are not reenacted herein are hereby repealed.
C.
The adoption of this chapter shall not adversely affect the Village's
right to prosecute any violation of the predecessor zoning ordinance,
provided the violation occurred while that chapter was in effect.
All plans approved under previous zoning regulations shall be
valid and may be used to obtain permits for a period of not more than
one year after the effective date of this chapter, except where subject
to developer's agreement provisions. This chapter shall become effective
upon passage and posting according to law, following the date of repeal
and reenactment of the Official Zoning Map.
The interpretation of this chapter shall abide by the provisions
and rules of this section, except where the context clearly requires
otherwise or where the result would clearly be inconsistent with the
manifest intent of this chapter.
A.
Words used or defined in one tense or form shall include other tenses
and derivative forms.
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the single number.
C.
The masculine gender shall include the feminine, and vice versa.
D.
The words "shall," "must" and "will" are mandatory.
E.
The words "may," "can" and "might" are permissive.
F.
The word "person" includes individuals, firms, corporations, partnerships,
associations, trusts, and any other legal entity.
G.
The word "Village" shall mean the Village of Johnson Creek, Wisconsin.
H.
The word "County" shall mean the County of Jefferson, Wisconsin.
I.
The word "State" shall mean the State of Wisconsin.
J.
The word "Commission" shall mean the Village of Johnson Creek Plan
Commission.
K.
The words "Board" and "Village Board," shall refer to the Village
of Johnson Creek Village Board.
L.
The word "Zoning Board" shall mean the Village of Johnson Creek Zoning
Board of Appeals.
M.
If there is any ambiguity between the text of this chapter and any
caption, illustration or table, the text shall control.
The following abbreviations in this chapter are intended to
have the following meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
Ac
|
acre
|
|
CB
|
Central Business (Zoning District)
|
|
db
|
decibel
|
|
du
|
dwelling unit
|
|
FAR
|
floor area ratio
|
|
ft
|
foot (or feet)
|
|
GB
|
General Business (Zoning District)
|
|
GI
|
General Industrial (Zoning District)
|
|
GSA
|
gross site area
|
|
GSR
|
green space ratio
|
|
ISR
|
impervious surface ratio
|
|
LSR
|
landscape surface ratio
|
|
max
|
maximum
|
|
MBS
|
maximum building size
|
|
MGD
|
maximum gross density
|
|
min
|
minimum
|
|
MH
|
maximum height
|
|
MLA
|
maximum lot area
|
|
MSA
|
minimum site area
|
|
MR-8
|
Multifamily Residential-8 (Zoning District)
|
|
MR-10
|
Multifamily Residential-10 (Zoning District)
|
|
na
|
not applicable
|
|
NB
|
Neighborhood Business (Zoning District)
|
|
NO
|
Neighborhood Office (Zoning District)
|
|
NDA
|
net developable area
|
|
nonres
|
nonresidential
|
|
PB
|
Planned Business (Zoning District)
|
|
PD (_-_)
|
Planned Development (Zoning District)
|
|
PI
|
Planned Industrial (Zoning District)
|
|
PO
|
Planned Office (Zoning District)
|
|
res
|
residential
|
|
RPA
|
resource protection area
|
|
RH
|
Rural Holding (Zoning District)
|
|
SR-2
|
Single-Family Residential-2 (Zoning District)
|
|
SR-3
|
Single-Family Residential-3 (Zoning District)
|
|
SR-4
|
Single-Family Residential-4 (Zoning District)
|
|
sf or sq. ft.
|
square feet
|
|
TR-6
|
Two-Family Residential-6 (Zoning District)
|
|
8-
|
eight or fewer
|
|
9+
|
nine or more
|
|
16+
|
16 or more
|
|
#F
|
number of floors
|
|
-
|
or fewer
|
|
+
|
or more
|
The following words, terms and phrases, wherever they occur
in this chapter, shall have the meanings ascribed to them by this
section. Definitions provided by this section include:
Having a common border with or being separated from such
common border by an alley or easement.
A means of vehicular or nonvehicular approach, i.e., entry
to or exit from a property, street or highway.
A condition of immediate physical connection resulting from
adjacency of a road or right-of-way abutting a property.
A means of vehicular or nonvehicular approach, entry to,
or exit from property from a source other than a public street or
highway.
See § 250-85.
A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. See § 250-43.
[Amended 11-14-2005 by Ord. No. 20-05]
43,560 square feet.
See § 250-38B.
An area which is typified by a concentration of nonresidential
and/or multifamily development.
Any walled and roofed expansion to the perimeter and/or height
of a building in which the addition is connected by a common load-bearing
wall. Any walled and roofed addition which is connected by a fire
wall or is separated by independent perimeter load-bearing walls is
new construction.
Abutting, or being located directly across a right-of-way
from, a separate lot.
See § 250-21.
See § 250-37.
See § 250-37D.
See § 250-93.
See § 250-41B.
A public right-of-way usually of reduced width which affords
a secondary means of access to abutting property.
See § 250-122.
See § 250-121.
A measure which represents a common denominator for the purpose
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the carrying capacity of one acre of land
and is related to the amount of feed various species consume and the
amount of waste they produce. The following table indicates the number
of common farm species which comprise a single animal unit:
|
Animal Unit Table
| |||||
|---|---|---|---|---|---|
|
Type of Livestock
|
No. of Animals per Animal Unit
|
Type of Livestock
|
No. of Animals per Animal Unit
|
Type of Livestock
|
No. of Animals per Animal Unit
|
|
Horse (greater than 2 years)
|
1
|
Calves (less than 1 year)
|
4
|
Lambs
|
14
|
|
Colt (less than 2 years)
|
2
|
Brood sow or boar
|
2.5
|
Chickens
|
200
|
|
Cattle (greater than 2 years)
|
1
|
Hogs (up to 220 pounds)
|
5
|
Other poultry
|
200
|
|
Cattle (less than 2 years)
|
2
|
Sheep
|
7
| ||
|
Source: The Stockman's Handbook.
| |||||
See § 250-36A(2)(g).
A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 250-131.
See "street, arterial."
See § 250-39R.
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
The flood having a one-percent chance of being equaled or
exceeded in any given year. The one-hundred-year flood.
A portion of a building located partly underground and having
1/2 or less of its floor-to-ceiling height below the average grade
of the adjoining ground.
See § 250-39L.
A room in a residence marketed, designed or otherwise likely
to function primarily for sleeping.
See § 250-39O.
See § 250-137.
Any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See Article VII.
The area of the lot located within the required building setback lines as measured from lot lines or from the pseudo lot lines used in group developments (§ 250-47).
A structure built, maintained or intended for use for the
shelter or enclosure of persons, animals or property of any kind.
The term is inclusive of any part thereof. Where independent units
with separate entrances are divided by shared walls, each unit is
a building.
A building which:
Is subordinate to and serves a principal structure or a principal
use;
Is subordinate in area, extent and purpose to the principal
structure or use served;
Is located on the same lot as the principal structure or use
served except as otherwise expressly authorized by provisions of this
chapter; and
Is customarily incidental to the principal structure or use.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.
That exterior wall of a building which faces the front lot
line of the lot.
The vertical distance from: (1) the lowest elevation of the
adjoining ground level or (2) the established grade, whichever is
lower, to the top of the cornice of a flat roof, to the deckline of
a mansard roof, to a point of the roof directly above the highest
wall of a shed roof, to the uppermost point on a round or other arch-type
roof, or to the mean distance of the highest gable on a pitched or
hip roof. Also applies to structures.
A line on a lot, generally parallel to a lot line or road
right-of-way line, located a sufficient distance therefrom to provide
the minimum yards required by this chapter. The building line determines
the area in which buildings are permitted, subject to all applicable
provisions of this chapter. This is also referred to as a "setback."
The narrowest distance between two buildings. See "minimum
building separation."
The total gross floor area of a building. See "maximum building
size."
A building in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
The combination of building height, size and location on
a lot.
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
of Natural Resources pursuant to § 30.11, Wis. Stats., and
which allows limited filling between this bulkhead line and the original
ordinary high-water mark, except where such filling is prohibited
by the floodway provisions of this chapter.
See § 250-43D.
A measurement of the size of a tree equal to the diameter
of its trunk measurement 0.5 foot above natural grade. Used for trees
in a nursery setting.
See § 250-39N.
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source, or luminaire.
A dwelling unit which is used exclusively by either the owner, manager or operator of a principal permitted use and which is located on the same parcel as the principal use. See § 250-43W.
An open-sided, roofed vehicle shelter, usually formed by extension of the roof from the side of a building. See § 250-43C.
That portion of the building having more than 1/2 of the
floor-to-ceiling height below the average grade of the adjoining ground.
See § 250-23F.
See § 250-128.
A map of a survey, sketch, plan or other exhibit containing
a written statement regarding accuracy or conformity to specified
standards certified and signed by the registered surveyor.
See § 250-37G.
A window in which the lowest glassed area is a minimum of
seven feet above the level of the floor located directly under the
window.
A tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include hickory, oak, maple, etc. See § 250-79.
See "street, collector."
See § 250-39J.
See § 250-43A.
See § 250-17.
See § 250-39K.
See § 250-39.
Any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a
business or institution or a principal product or service of a business
or institution. Agricultural equipment used as part of a permitted
agricultural principal use shall not be considered as a commercial
vehicle.
See § 250-42C.
The impression which an area makes in regard to the type,
intensity, density, quality, appearance and age of development.
See § 250-112B(4).
See § 250-43E.
See § 250-40F.
The Comprehensive Master Plan of the Village of Johnson Creek,
Wisconsin, and as subsequently amended.
See § 250-101.
See "start of construction."
See § 250-44D.
See § 250-44C.
See § 250-36A.
See § 250-37A.
See "family day-care home," "intermediate day-care home"
or "group day-care center."
A structure that has no roof or walls. Can be attached or detached to the principal structure. If attached, it is required to have main supports and continuous footings below grade by 48 inches and must be raised above grade and must comply with the principal setback requirements or as modified by § 250-59. If detached, shall be an accessory structure.
The transfer of property interest from private to public
ownership for a public purpose. The transfer may be of fee-simple
interest or of a less than fee-simple interest, including an easement.
A term used to describe the number of dwelling units per
acre.
The legal or beneficial owner(s) of a lot or parcel of any
land proposed for inclusion in a development, including an optionee
or contract purchaser.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any buildings; any use or change in use
of any buildings or land; any extension of any use of land; or any
clearing, grading or other movement of land, for which permission
may be required pursuant to this chapter.
The type of residential or nonresidential development as
categorized by the proportion of the site devoted to permanently protected
green space.
The area of a lot where site disruption will occur, including
building areas, paved areas, yards and other areas on non-native vegetation,
and areas devoted to septic systems.
The initiation of any construction, grading or clearing activity
on a property.
See § 250-40.
See § 250-41D.
The removal of surface water or groundwater from land by
drains, grading or other means. Drainage includes the control of runoff
to minimize erosion and sedimentation during and after development
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
See § 250-100.
See § 250-43R.
Drainageways are non-navigable, aboveground watercourses,
detention basins and/or their environs which are identified by the
presence of one or more of the following:
All areas within 75 feet of the ordinary high-water mark of
a "perennial stream" as shown on USGS 7.5 minute topographic maps
for the Village of Johnson Creek and its environs;
All areas within 50 feet of the ordinary high-water mark of an "intermittent stream" or "open channel drainageway," as shown on USGS 7.5 minute topographic maps for the Village of Johnson Creek and its environs. See § 250-68.
Outer perimeter edge of a tree canopy as transferred perpendicularly
to ground level.
See § 250-39I.
See § 250-85J.
[Amended 11-14-2005 by Ord. No. 20-05].
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
See § 250-36A(2)(b).
A building or one or more portions thereof containing one
or more dwelling units, but not including habitations provided in
nonresidential uses, such as lodging uses and commercial campgrounds.
A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
The narrowest distance between two dwelling units. See "minimum
dwelling unit separation."
A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
A dwelling entirely surrounded by open space on the same
lot.
Written authorization, recorded in the Register of Deeds
office, from a landowner authorizing another party to use any designated
part of the landowner's property for a specified purpose.
See § 250-95.
A nonbasement building built to have its lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings columns (post and piers), shear walls, or breakaway
walls.
The maximum number of employees working at the facility during
a single given day, regardless of the time period during which this
occurs, and regardless of whether any such person is a full-time employee.
Any fill, structure, building, use or development in the
floodway.
Any fill, structure, building, use or development within
the setback area.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste or thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
The area in which the Village of Johnson Creek exercises
extraterritorial powers.
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
Facilities that are:
Owned or maintained by public utility companies or public agencies;
Located in public ways or in easements provided for the purpose
or on a customer's premises and not requiring a private right-of-way;
or
Reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communication or similar services to adjacent customers;
and
Not including any cross-country line on towers.
See § 250-97.
See § 250-43V.
See § 250-42D.
The area outside of the Village limits in which the Village
of Johnson Creek may exercise extraterritorial powers of planning,
land division, and/or zoning review.
An individual or two or more persons, each related by blood,
marriage or adoption, living together as a single housekeeping unit;
or a group of not more than four persons not so related, maintaining
a common household in which bathrooms, kitchen facilities, and living
quarters are shared.
See § 250-43K.
See § 250-43B.
See § 250-138.
See § 250-103.
See § 250-43S.
A final map representing a tract of land, showing the boundaries
and location of individual properties and streets and other required
elements, that is submitted for the purposes of final approval.
See § 250-97.
The top surface above an unfinished basement, cellar or crawl
space that is intended for living quarters.
See § 250-65.
The sum of the gross horizontal areas of the several floors
of a building including interior balconies, mezzanines, basements
and attached accessory buildings, fitting rooms, stairs, escalators,
unenclosed porches, detached accessory buildings utilized as dead
storage, heating and utility rooms, inside off-street parking or loading
space, Measurements shall be made from the inside of the exterior
walls and to the center of interior walls.
The ratio calculated by dividing the total floor area of
all buildings on a site by the gross site area. See "maximum floor
area ratio."
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
Represents a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
may include, but are not limited to, ice jams, debris accumulation,
wave action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development and the sedimentation of a river or stream
bed.
See § 250-41C.
A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of 10,000 pounds. See § 250-43C.
See "in-vehicle sales or service."
See § 250-23E.
A graphic representation of the anticipated utilization of
the floor area within a building or structure, but not necessarily
as detailed as construction plans.
See § 250-23H.
See § 250-44A.
The brightness of a light source which causes eye discomfort.
See § 250-96.
The percentage of the gross site area which is preserved
as permanently protected green space. Green space ratio is calculated
by dividing the area of permanently protected green space by the gross
site area. See "minimum green space ratio."
The result of dividing the number of dwelling units located
on a site by the gross site area. See "maximum gross density."
The total floor area on all levels of a building.
The total area of a site available for inclusion in calculations
of the maximum permitted density or intensity of development.
See § 250-39M.
See § 250-47.
Any building or portion thereof used for human habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. Class 1 notice is the minimum required for appeals: published
once at least one week (seven days) before hearing. Class 2 notice
is the minimum required for all zoning ordinances and amendments,
including map amendments: published twice, once each week consecutively,
the last at least a week (seven days) before the hearing. Local ordinances
or bylaws may require additional notice exceeding these minimums.
See § 250-96.
See § 250-23I.
See § 250-42B.
See "building height."
See § 250-41B.
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
A zoning district designed to limit development potential
until adequate public services and infrastructure are provided.
See § 250-43J.
See "commercial indoor lodging" (§ 250-39K).
See § 250-37B.
Areas designed and installed to prohibit infiltration of
stormwater. Homes, buildings and other structures, as well as concrete,
brick, asphalt and similar paved surfaces, are considered impervious.
Gravel areas and areas with landscaped pavers which are intended for
vehicular traffic are considered to be impervious.
A calculated upward rise in the regional flood elevation
equal or greater than 0.01 foot, resulting in comparison of existing
conditions and proposed conditions, which is directly attributable
to manipulation of mathematical variables such as roughness factors,
expansion and contraction coefficients and discharge.
See § 250-39H.
See § 250-38C.
See § 250-39E.
See § 250-39C.
See § 250-43I.
See § 250-39C.
See § 250-40A.
See § 250-40A.
See § 250-17.
See § 250-42.
Development located in areas which are largely developed
already.
See § 250-38.
See § 250-36C.
A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross area of the
lot or site.
See § 250-37C.
See § 250-43L.
See §§ 250-130 (for application procedures) and 250-135B(14).
See § 250-39G.
See § 250-43G.
See § 250-39G.
See § 250-43G.
See § 250-40D.
Those lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage, and 300 feet from a river or stream, or to a landward side of the floodplain, whichever distance is the greater. Lakeshores shall not include those lands adjacent to farm drainage ditches where: a) such lands are not adjacent to a navigable stream or river; b) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and c) such lands are maintained in nonstructural agricultural use. See § 250-67.
The type of development and/or activity occurring on a piece
of property.
See § 250-74.
The percentage of the gross site area or lot area which is
preserved as permanently protected landscaped area.
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes and trees. Landscaped
area includes the area located within planted and continually maintained
landscaped planters.
See § 250-43T.
See § 250-42A.
See § 250-43I.
See § 250-90.
See § 250-88.
See "street, collector."
See "street, local residential."
See "street, local."
A parcel of land that: a) is undivided by any street or private
road; b) is occupied by, or designated to be developed for, one or
more building or principal uses; and c) contains the accessory buildings
or uses customarily incidental to such building, use or development,
including such open spaces and yards as designed and arranged or required
by this chapter for such building, use or development.
The area contained within the property boundaries of a recorded
lot.
A lot situated at the junction of and abutting on two or
more intersection streets or a lot at the point of deflection in alignment
of a continuous street, the interior angle of which does not exceed
135°.
The average distance between the front lot line and the rear
lot line of a lot.
Lot width measured at the street lot line. When a lot has
more than one street lot line, lot width shall be measured, and the
minimum lot width required by this chapter shall be provided at each
such line.
A lot other than a corner lot.
A lot line is the property line (including the vertical plane
established by the line and the ground) bounding a lot, except that,
where any portion of a lot extends into the public right-of-way or
a proposed public right-of-way, the line of such public right-of-way
shall be the lot line for applying this chapter.
A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street frontages, the lot
line along the street from which the house is addressed shall be the
front lot line.
In the case of rectangular or most trapezoidal-shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots which have
frontage on more than one road or street, the rear lot line shall
be selected by the property owner.
Any boundary of a lot which is not a front lot line, a street
side lot line, or a rear lot line.
Any lot line which abuts a public or private street right-of-way
which is not the front lot line.
A platted lot or lot described in a certified survey map
or in a metes and bounds description which has been approved by the
Village or by Jefferson County and has been recorded in the office
of the Register of Deeds.
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot lines and at the rear
of the required front yard. See "minimum lot width."
A lot which has a pair of opposite lot lines abutting two
substantially parallel streets (one or more of which may be a portion
of a cul-de-sac). Except for through lots which abut an arterial or
nonresidential collector street, through lots shall be prohibited
under the provisions of this chapter.
The lowest enclosed floor (including basement). Any unfinished
or flood-resistant enclosure, usable solely for parking vehicles,
building access or storage, in an area other than a basement area,
is not considered a building's lowest floor, provided that such enclosed
area is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter.
A guarantee of facilities or work to either ensure the correction
of any failures of any improvements required pursuant to this chapter
or to maintain same.
A plan, map, report and/or other document pertaining to the
physical development of the Village which has been adopted by the
Village Plan Commission, as described in § 62.23(2) and
(3), Wis. Stats.
The largest permitted area of all accessory buildings on
a lot.
The largest permitted area of all buildings on a lot.
The largest permitted total gross floor area a building may
contain. See "building size."
The largest amount of floor area permitted on a lot. See
"floor area ratio."
The maximum number of dwelling units permitted per acre of
gross site area. See "gross density."
The maximum height of the highest portion of any structure.
See "height."
See § 250-43M.
The narrowest permitted building separation.
The narrowest permitted dwelling unit separation.
The lowest elevation permissible for the construction, erection
or other placement of any floor, including a basement floor.
The lowest permitted landscape surface ratio. See "landscape
surface ratio."
The minimum size lot permitted within the specified zoning
district and development option.
The smallest permissible lot width for the applicable dwelling
unit type or nonresidential development option.
The narrowest distance permitted from a street, side or rear
property line to a structure.
The minimum gross site area in which the specified development
option may occur. See "gross site area (GSA)."
See § 250-40C.
See § 250-36A(2)(h).
See § 250-36E.
See § 250-36D.
See § 250-39D.
See "commercial indoor lodging." See § 250-39K.
See "commercial indoor lodging." See § 250-39K.
See "freight terminal." See § 250-41C.
See § 250-22E.
See § 250-22F.
See § 250-36A(2)(f).
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all rivers, streams, ponds, sloughs, flowages and other
waters within the territorial limits of this state, including the
Wisconsin portion of boundary waters which are navigable under the
laws of this state. The Wisconsin Supreme Court has declared navigable
all bodies of water with a bed differentiated from adjacent uplands
and with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and
Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
For the purposes of this chapter, rivers and streams will be presumed
to be navigable if they are designated as either continuous or intermittent
waterways on the United States Geological Survey quadrangle maps until
such time that the Wisconsin Department of Natural Resources has made
a determination that the waterway is not, in fact, navigable.
See § 250-23C.
See § 250-23A.
The area of a site which may be disturbed by development
activity. Net developable area is the result of subtracting required
resource protection area (RPA) from the gross site area (GSA).
See § 250-92.
Any building or other structure which was lawfully existing
under ordinances or regulations preceding this chapter but which would
not conform to this chapter if the building or structure were to be
erected under the provisions of this chapter.
A lawful development approved under ordinances or regulations preceding the effective date of this chapter but which would not conform to this chapter if the development were to be created under the current provisions of this chapter. See § 250-54.
An active and actual use of land, buildings or structures which was lawfully existing prior to this chapter, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this chapter. See § 250-46.
See § 250-17.
See §§ 250-37 through 250-42.
See § 250-98.
Material capable of causing injury to living organisms by
chemical reaction or capable of causing detrimental effects on the
physical or economic well-being of individuals.
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
See § 250-94.
See § 250-39A.
See § 250-17.
The map adopted and designated by the Village as being the
"Official Map" pursuant to § 66.23(6), Wis. Stats.
See § 250-41A.
Located on the lot in question, except in the context of
"on-site detention," when the term means within the boundaries of
the development site as a whole.
See § 250-37E.
See § 250-43N.
See § 250-44F.
The degree to which vision is blocked by bufferyard. Opacity
is the proportion of a bufferyard's vertical plane which obstructs
views into an adjoining property.
An unenclosed portion of a lot or lot of record where goods
are displayed for sale, rent or trade.
The point on the bank or shore of a body of water up to which
the presence and action of surface water is so continuous as to leave
a distinctive mark, such as by erosion, destruction or prevention
of terrestrial vegetation, predominance of aquatic vegetation, or
other easily recognized characteristics.
Permanently protected green space areas which are not constrained
by one of the protected natural resources (wetlands, floodplains,
steep slopes, lakeshores, drainageways and woodlands). Examples include
portions of private lots, outlots or parcels commonly held by a property
owners' association which are deed restricted from site disruption.
See § 250-44B.
See § 250-39I.
See § 250-39D.
See § 250-43F.
See § 250-38D.
See § 250-39F.
See § 250-44G.
See § 250-40B.
See § 250-107.
See § 250-40B.
A zoning district which imposes uniform restrictions on all properties within its area, which are in addition to the restrictions specific to the standard zoning districts described in § 250-17, as well as the general restrictions of this chapter. See §§ 250-24, 250-25, 250-26, 250-27, 250-28 and 250-29.
The person, persons or entity having the right of legal title
to a lot or parcel of land.
See "development pad."
The area within the boundary lines of a lot.
An area of parking spaces within a parking lot substantially separated from other areas of the parking lot by landscaped islands or medians. [See § 250-75C(3).]
See § 250-87F(9).
See § 250-87G(3).
See § 250-87F(7).
See § 250-87.
See § 250-38A.
See § 250-139.
A financial guarantee to ensure that all improvements, facilities
or work required by this chapter will be completed in compliance with
the chapter, regulations and the approved plans and specifications
of a development.
Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. See Article VIII.
The distance between a structure and the boundary of a development
option.
An area in which site disruption and/or development is strictly
limited. Examples include wetlands, floodplains, drainageways, steep
slopes, woodlands or other areas designated as permanent open space,
land divisions, or site plans.
See § 250-31A.
See § 250-39B.
See § 250-40C.
See § 250-45M.
The Plan Commission of the Village of Johnson Creek. See also § 250-136.
See § 250-23D.
See § 250-23G.
See § 250-23B.
See § 250-28.
See "parking area pod."
A map representing a tract of land, showing the boundaries
and location of individual properties and streets and other required
elements, that is submitted for the purposes of preliminary consideration
and approval.
See "building, principal."
See § 250-43P.
See § 250-43O.
See § 250-43Q.
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the Department of Commerce, including a substitute for
the septic tank or soil absorption field, a holding tank, a system
serving more than one structure, or a system located on a different
parcel than the structure.
See § 250-39B.
Resources such as floodways, flood fringes, floodplain conservancy areas, wetlands, drainageways, woodlands, steep slopes, and lakeshores which are protected by the provisions of this chapter. See § 250-24.
Any improvement, facility or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, such as streets, roads, alleys or pedestrian walks or paths,
storm sewers, flood control improvements, water supply and distribution
facilities, sanitary sewage disposal and treatment, public utility
and energy services.
See § 250-38E.
Includes the Village of Johnson Creek sewer system and other
forms of sewer systems approved by the Wisconsin Department of Natural
Resources and maintained by a public agency authorized to operate
such systems.
See "lot of record."
A vehicle designed and used principally for the transport
of persons.
See § 250-44E.
The area of a site which may not be disturbed by development
activity and which must also be reserved as permanently protected
green space. Required resource protection area is the result of subtracting
the net developable area (NDA) from the gross site area (GSA).
A collector street serving primarily residential land uses,
which primarily serves to connect local residential streets to collector
or arterial streets.
See § 250-17.
See § 250-36.
A property located in a residential district per § 250-17.
See indoor commercial entertainment. See § 250-39H.
See "in-vehicle sales or service." See § 250-39G.
A regulation imposed by this chapter is more (less) restrictive
than another if it prohibits or limits development to a greater (lesser)
extent or by means of more (less) detailed specifications.
(Intrusion) see § 250-59.
See § 250-21A.
See § 250-40D.
A term used to describe the gross floor area, height or volume
of a single structure or group of structures.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a result of erosion.
See § 250-37F.
See § 250-43U.
The shortest distance between a building's or structure's
exterior and the nearest point on the referenced lot line. See "minimum
setback."
See § 250-39P.
See group development. See § 250-47.
See § 250-66.
A low-lying deciduous or evergreen plant. See § 250-79.
Any object, device, display, structure, or part thereof, situated outdoors and in view of the general public, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, logos, symbols, fixtures, or projected images. For definitions of particular sign types, see § 250-112. See also § 250-126 for applicable procedures.
See § 250-104.
See § 250-36A(2)(a).
See § 250-22A.
See § 250-22B.
See § 250-22C.
See "gross site area."
A window or other paned area located on the ceiling or roof
of a structure.
Any fence which cannot be seen through. Such fences include
basket-weave fences, stockade fences, plank fences, and similar fences.
See "commercial animal boarding." See § 250-39J.
See "private residential stable." See § 250-43Q.
The numeric code for categorizing land uses developed by
the US Department of Commerce. SIC codes in this chapter are based
on the listing contained within the 1987 DOC manual.
Required pavement width per the Village of Johnson Creek
Subdivision Ordinance[1] in residential subdivisions on a street that allows parking
or as otherwise determined by the Director of Public Works.
The date the building permit is issued, provided the actual
start of activity was within 730 calendar days of the permit date.
The actual start of activity means either the first placement of permanent
construction of a structure on the site, such as the pouring of a
slab or footings, the installation of piles, or the construction of
columns. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers or foundations; nor does it include the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or part of the main structure.
Steep slopes are areas which contain a gradient of 12% or greater (equivalent to a ten-foot elevation change in a distance of 83 feet or less), as shown on USGS 7.5 minute topographic maps for the Village of Johnson Creek and its environs. See § 250-70.
See § 250-89.
See § 250-89.
That portion of a building included between the surface of
any floor and the surface of the floor next above; or if there is
no floor above, the space between the floor and the ceiling next above.
Neither a basement nor a cellar shall be counted as a story.
Unless specifically designated otherwise by the Village,
any public or private way that is dedicated or permanently open to
pedestrian and vehicular use, which is 22 feet or more in width if
it exists at the time of enactment of this chapter, or any such public
right-of-way 60 feet or more in width when established after the effective
date of this chapter.
See "lot line, front."
A street which is anticipated to carry in excess of 3,500
vehicles per day in traffic volume, at desirable speeds ranging from
30 to 45 miles per hour, and which is used for travel between areas
within and outside the Village.
A street which is anticipated to carry from 2,500 to 5,000
vehicles per day in traffic volume, at desirable speeds ranging from
25 to 35 miles per hour, which serves a collecting function by distributing
traffic between local streets and arterial streets.
A street which is anticipated to carry less than 2,500 vehicles
per day in traffic volume at desirable speeds up to 25 miles per hour,
and which provides access to abutting property and primarily serves
local traffic.
A local street serving primarily to collect traffic originating
directly from residential driveways and private residential courts
and streets.
A collector street serving primarily residential land uses
which primarily serves to connect local residential streets to collector
or arterial streets.
A pattern of land use(s) typified by nonresidential and/or
multifamily development located along one or both sides of a street,
which is generally only one lot deep and which is characterized by
many curb cuts, low green space ratios, low landscape surface ratios,
high floor area ratios, and/or low quantities of landscaping.
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting public utility
fixtures and appurtenances.
A lot of record which lawfully existed prior to this chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this chapter. See § 250-61.
Any structural repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. The term does not, however, include either:
Any project to improve a structure to comply with existing state
or local health, sanitary or safety code specifications solely necessary
to assure safe living conditions; or
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs,
modifications or additions. Such ordinary maintenance repairs include
internal and external painting, decorating, paneling and the replacement
of doors, windows and other nonstructural components. (For purposes
of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure.)
A linear depression in land running downhill or having a
marked change in contour direction in which sheet runoff would collect
and form a temporary watercourse.
See § 250-106
See § 250-36A(2)(e).
See § 250-98.
See § 250-41.
See "in-vehicle sales or service." See § 250-39G.
See § 250-36A(2)(c).
See § 250-22D.
See § 250-36A(2)(d).
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of the chapter.
The purpose or activity for which land or any building thereon
is designed, arranged or intended, or for which it is occupied or
maintained.
See "accessory use." See § 250-31C.
See "conditional use." See § 250-124 for applicable procedures.
See § 250-43C.
A vehicle designed and used primarily for the transport of
equipment and/or materials.
Permission to depart from the literal requirements of this chapter granted pursuant to § 250-129.
See § 250-91.
See § 250-139.
See § 250-86.
See § 250-40E.
See § 250-99.
See § 250-66.
See § 250-105.
Maps prepared by the Wisconsin Department of Natural Resources.
Woodlands are areas of trees whose combined canopies cover a minimum of 80% of an area of one acre or more, as shown on USGS 7.5 minute topographic maps for the Village of Johnson Creek and its environs. See § 250-69.
Monday, Tuesday, Wednesday, Thursday or Friday, excluding
holidays granted by the Village Johnson Creek to its department heads.
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 right angles to such lot line to a depth or width specified
in the yard regulations for the district in which such lot is located.
A yard extending along the full width of the front lot line
between 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 lot is located.
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.
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.
The person authorized and charged by the Village with the administration of this chapter. See § 250-135.
See § 250-17.
See § 250-17.
See "Official Zoning Map" above and see § 250-18.
See § 250-123.
[Amended 5-1-2003 by Ord. No. 05-03]
