These regulations are adopted under the authority granted by
§§ 61.35 and 62.23(7), Wis. Stats.
This chapter shall be known as, referred to or cited as the
"Zoning Code, Village of Benton, Wisconsin."
The purpose of this chapter is to promote the health, safety,
prosperity, aesthetics and general welfare of the Village.
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;
J.
Implement the Village Comprehensive Plan or plan components;
K.
Provide for the administration and enforcement of this chapter and
provide penalties for its violation.
It is not 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 the 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.
For the purposes of this chapter, the following definitions
shall be used:
A subordinate building or portion of the main building, the
use of which is purely incidental to that of the main building. In
the case of a farm, the agricultural buildings are the accessory buildings.
A use subordinate in nature, extent or purpose to the principal
use of the building or lot.
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.
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.
A way which affords only a secondary means of access to abutting
property and which is not more than 24 feet wide.
A portion of a residential or commercial building used as
a separate housing unit.
See definition of "dwelling, multiple" in this section.
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.
See definition at § 390-50.
A story partly underground but having at least 1/2 of its
height, or more than five feet, below the mean level of the adjoining
ground. See Chs. SPS 320, 321 and 322, Wis. Adm. Code. (See Figure
2.[1])
See definition at § 390-50.
A building other than a hotel where meals or lodging and
meals are served for compensation for not more than six persons.
See definition at § 390-47A.
A structure having a roof and intended for the shelter, housing
or enclosure for persons, animals or chattel.
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 from the mean elevation of a finished
grade along the front of the building to the highest point of a flat
roof, or to the deck line of a mansard roof, or to the mean height
between eaves and ridge for gable, hip or gambrel roofs. (See Figures
1 and 2.[2])
A building in which is conducted the main use of the lot
on which said building is located.
Includes the commercial, limited industrial and general industrial
uses and districts as herein defined.
See definition at § 390-47A.
See definition at § 390-50.
A structure used to offer limited protection to vehicles,
primarily cars, from the elements. The structure can either be freestanding
or attached to another building, and typically, but not necessarily,
does not permit a vehicle to pass through it. A carport most commonly
has no walls, but may be attached to the wall of an adjacent dwelling.
Carports shall meet the following requirements:
[Amended 2-21-2013]
The carport shall be no nearer than three feet from the side
property line;
A detached carport may be located nearer than 10 feet to any
dwelling building;
The carport shall be used solely for the parking of not more
than two vehicles, and not for any other purpose, including storage
of any type;
The carport may not overhang or intrude into any type of public
utility or drainage easement;
The height of the lowest eave line of the carport shall not
exceed 10 feet or be higher than the lowest eave of the residence,
whichever is lower, provided that the carport eave shall not be lower
than seven feet.
No part of the carport may extend beyond the furthest protruding
section of the primary dwelling or any accessory building located
on the lot.
See definition at § 390-47A.
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 motor vehicle designed or used to transport passengers
or property and having one or more of the following characteristics:
The vehicle is a single vehicle with a gross vehicle weight
rating of 26,001 or more pounds or the vehicle's registered weight
or actual gross weight is more than 26,000 pounds.
The vehicle is a combination vehicle with a gross combination
weight rating, registered weight or actual gross weight of 26,001
or more pounds inclusive of a towed unit with a gross vehicle weight
rating, registered weight or actual gross weight of more than 10,000
pounds.
The vehicle is designed to transport or is actually transporting
the driver and 15 or more passengers. If the vehicle is equipped with
bench-type seats intended to seat more than one person, the passenger
carrying capacity shall be determined under § 340.01(31),
Wis. Stats., or, if the vehicle is a school bus, by dividing the total
seating space measured in inches by 13.
The vehicle is transporting hazardous materials.
Any of the following facilities licensed or operated, or
permitted under the authority of the State of Wisconsin: child welfare
agencies under § 48.60, Wis. Stats., group homes for children
under § 48.02(7), Wis. Stats., and community-based residential
facilities under § 50.01, Wis. Stats.; but does not include
adult family homes, as defined in § 50.01, Wis. Stats.;
day care centers, nursing homes, general hospitals, special hospitals,
prisons and jails.
[Amended 1-8-2003 by Ord. No. 2003-01]
A use of land, water or building which is allowable only
after the issuance of a special permit by the Plan Commission under
conditions specified in this chapter.
See definition at § 390-9C(4).
See definition at § 390-9C(3).
Any lawful use of a building or lot which complies with the
provisions of this chapter.
Heavy equipment used primarily for commercial, landscaping
or industrial uses, including, but not limited to, trucks of all types
exceeding 12,000 pounds gross vehicle weight, farm/industrial tractors,
skid-steer loaders, end loaders, excavating equipment, backhoes, trenching
machinery, commercial-type lawnmowers, graders, bulldozers, etc.
See definition at § 390-47A.
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.
See definition at § 390-50.
See definition at § 390-50.
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 detached building designed, arranged or used for and occupied
exclusively by one family; shall include specially designed buildings
covered by earth.
A building designed, arranged or used for, or occupied exclusively
by, two families living independently of each other.
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.
See definition at § 390-50.
Public or private enclosures designed to protect people from
aerial, radiological, biological or chemical warfare; fire; flood;
windstorm; riots; or invasions.
One or more persons immediately related by blood, marriage,
adoption or guardianship and living as a single housekeeping unit
in one dwelling unit shall constitute a family. A family may include,
in addition thereto, two but not more than two persons not related
by blood, marriage, adoption or guardianship. A person shall be considered
to be related for the purpose of this section if he or she is dwelling
for the purpose of adoption or for a foster care program.
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
A motor vehicle designed and used primarily as a farm implement
for drawing plows, mowing machines and other implements of husbandry.
A trailer or semitrailer with a gross weight greater than
3,000 pounds which is owned or leased and operated by a farmer and
is used exclusively for the transportation of farm products from the
owner's farm to market or for the transportation of supplies to the
owner's farm.
See definition at § 390-80A.
See definition at § 390-47A.
See definition at § 390-50.
See definition at § 390-50.
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.[3]
Any facility that is operated by a person required to be
licensed by § 48.62(1)(a), Wis. Stats., and that provides
care and maintenance for no more than four children or, if necessary
to enable a sibling group to remain together, for no more than six
children or, if the State of Wisconsin promulgates rules permitting
a different number of children, for the number of children permitted
under those rules.
[Amended 1-8-2003 by Ord. No. 2003-01]
See definition at § 390-50.
All of the property abutting on one side of a street measured
along the street line.
A building or portion thereof 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.
The value specified by the manufacturer as the loaded weight
of a combination or articulated vehicle. In the absence of a value
specified by the manufacturer, the gross combination weight rating
is determined by adding the gross vehicle weight rating of the power
unit and the total weight of the towed unit and any load carried.
The value specified by the vehicle manufacturer, including
secondary or final stage manufacturer, as the loaded weight of a vehicle.
The weight of the vehicle equipped for service plus the weight
which the vehicle is carrying as a load.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.625, Wis. Stats., for
the care and maintenance of five to eight children.
[Amended 1-8-2003 by Ord. No. 2003-01]
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 or accessory building thereto.
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.
See definition at § 390-50.
See definition at § 390-50.
An open space where waste, used or second-hand 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. A "junkyard" also includes
an auto wrecking yard, but does not include uses established entirely
within enclosed buildings.[4]
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. (See Figures
3 and 4.[5])
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.
(See Figure 4.)
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. (See Figure
4.)
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.
Any structure, transportable in one or more sections, which
in the traveling mode is 12 body feet or more in width, and 18 feet
or more in length and at least 864 square feet when erected on site,
and which is built on a permanent chassis and designed to be used
as a dwelling with a permanent foundation when connected to the required
utilities, and which complies with all manufactured home construction
and safety standards established under 42 U.S.C. § 5401
et seq.
A roof-like structure of permanent nature which projects
from the wall of a building.
See definition at § 390-50.
Every vehicle designed to be towed as a single unit or in
sections upon a highway by a motor vehicle and equipped and used,
or intended to be used, primarily for human habitation, with walls
of rigid noncollapsible construction, except that excluded from this
definition is every "manufactured home" as defined above.
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.
See definition at § 390-47A.
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 use 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.
A place where five or more persons who are not related to
the operator or administrator reside, receive care or treatment and,
because of their mental or physical condition, require access to twenty-four-hour
nursing services, including limited nursing care, intermediate level
nursing care and skilled nursing services. "Nursing home" does not
include the following:
[Amended 1-8-2003 by Ord. No. 2003-01]
A convent or facility owned or operated exclusively by and for
members of a religious order that provides reception and care or treatment
of an individual.
A hospice, as defined in § 50.90(1), Wis. Stats.,
that directly provides inpatient care.
A residential care apartment complex, as defined in § 50.01(1d),
Wis. Stats.
The halting of a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in loading
or unloading property or passengers.
An open area other than a street, alley, public right-of-way,
or place used for temporary parking of more than three self-propelled
vehicles and available for public uses, whether free, for compensation,
or as an accommodation for clients or customers.
An area used for the parking of vehicles contained in a building
or structure designed or adopted for the purpose of parking vehicles,
or an area of land where the parking of vehicles is permitted under
Village ordinances and subject to all of the provisions and conditions
thereof.[7]
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.
An open unoccupied space other than a street or alley, permanently
reserved as the principal means of access to abutting property.
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.
See definition at § 390-50.
See definition at § 390-50.
The main or primary structure on a property. In the case
of a farm, the residence is the principal structure on the property.
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 1/2 the area of only one floor of
the residence and only one nonresident person is employed.
See definition at § 390-50.
The lines bounding a platted lot as defined herein.[8]
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.
See definition at § 390-50.
See definition at § 390-47A.
A motor vehicle designed and used for drawing other vehicles
and not so constructed as to carry any load thereon either independently
or any part of the weight of the vehicle or load so drawn.
See definition at § 390-50.
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 mental disability
or a college or other institution of higher learning.
A vehicle of the trailer type so designed and used in conjunction
with a motor vehicle that some part of its own weight and that of
its own load rests upon or is carried by another vehicle, but does
not include a mobile home. A vehicle used with a ready-mix motor truck
to spread the load is considered a semitrailer.
See definition of "truck tractor" in this section.
See definition at § 390-50.
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names or trademarks by which anything
is made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity or
product and which is visible from any public street or highway.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A 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.
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.
Any change in the supporting members of a structure such
as foundations, bearing walls, columns, beams or girders.
See definition at § 390-81A.
See definition at § 390-50.
A motor vehicle that is equipped with mechanical or hydraulic
lifting devices or winches capable of, and used for, the recovery
or transport or both of wrecked, disabled, abandoned, used or replacement
vehicles.
A combination of two vehicles consisting of either a truck
tractor and a semitrailer or a road tractor and a semitrailer.
A vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home. Also, see definitions under § 390-47A.
See definition at § 390-47A.
Any lot on which are parked two or more house trailers or
mobile homes for longer than 48 hours.
See definition at § 390-47A.
A motor vehicle designated and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
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 of "accessory use" in this section.
See definition of "conditional use" in this section.
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.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except railroad
trains. A snowmobile shall not be considered a vehicle except for
purposes made specifically applicable by statute or ordinance.
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.
See definition at § 390-50.
See definition at § 390-50.
An open space on the same lot with a structure, unoccupied
and unobstructed from ground upward, except for vegetation as permitted.
The front and rear yards extend the full width of the lot.
A side yard which adjoins a public street.
A yard extending along the full length of the front lot line
between the side lot lines. (See Figure 3.[9])
A side yard which is located immediately adjacent to another
zoning lot or to an alley separating such yard from another zoning
lot.
A yard extending along the full length of the rear lot line
between the side lot lines. (See Figure 3.)
A yard extending along a side lot line from the front yard
to the rear yard. (See Figure 3.)
Yard abutting a street.
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.
An area or area 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: Figure 2 is included as an attachment to this chapter.
[2]
Editor's Note: Figures 1 and 2 are included as attachments to this chapter.
[5]
Editor's Note: Figures 3 and 4 are included as attachments to this chapter.
[9]
Editor's Note: Figure 3 is included as an attachment to this chapter.
