For the purposes listed in § 62.23, Wis. Stats., the
Common Council of the City of Hayward, Wisconsin, does hereby amend
all portions of the City of Hayward Zoning Code (Ordinance No. 128)
as follows.
The provisions of this chapter shall be held to be minimum requirements
adopted to promote the health, safety, morals, comfort, prosperity
and general welfare of the City.
This chapter shall not repeal, impair or modify private covenants
or public ordinances, except that it shall apply whenever it imposes
stricter restrictions on land use.
Words used in the present tense include the future tense. The
singular includes the plural. The word "person" includes an individual,
all partnerships, associations, and bodies politic and corporate.
The word "lot" includes the words "plot" or "parcel." The word "used"
or "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged or designed to be used or
occupied."
For the purposes of this chapter, certain terms or words herein
shall be interpreted or defined as follows.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building, including the use or building, commonly known as a garage,
whether or not the same is attached to the principal use of building.
[Amended 9-8-1980 by Ord. No. 197]
BOATHOUSE
Any structure located on the same lot as the principal building
and used for protecting or storing of boats used for noncommercial
purposes in conjunction with a residence.
BUILDING
Any structure used, designed or intended for the protection,
shelter, or roofed enclosure of persons, animals or property.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of trailers, tents
or movable or temporary dwellings, rooms or sleeping quarters of any
kind. Include single-as school bus converted.
COLUMBARIUM
A building, structure, vault or part of a building or structure
that is used or intended to be used for the internment of cremated
remains as defined in § 440.70(4), Wis. Stats., as amended.
[Added 10-14-2019 by Ord.
No. 541]
DWELLING
A building designed or used exclusively as the living quarters
for one or more families, including a manufactured home.
[Amended 8-9-1993 by Ord. No. 303]
DWELLING, MULTIFAMILY
A dwelling or groups of dwellings on one plot containing
separate living units for two or more families, but which may have
joint services or facilities or both.
ESSENTIAL SERVICES
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto such as poles, towers,
wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch
basins, water storage tanks, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, pumps, lift stations, and hydrants, but
not including buildings.
FAMILY
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
FARMING, GENERAL
The production of field or truck crops, or the raising of
livestock and livestock products for commercial gain.
FLOODPLAIN
The land adjacent to a watercourse or other body of water
subject to overflow therefrom.
HOME OCCUPATION
A gainful occupation conducted by a member of the family,
within his or her place of residence, where the space used is incidental
to residential use and no article is sold or offered for sale except
as is produced by such home occupation.
HOSPITAL
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, sanitorium, preventorium, clinic, rest
home, nursing home, convalescent home and any other place for this
diagnosis, treatment or other care of ailments, and shall be deemed
to be limited to places for the diagnosis, treatment or other care
of human ailments.
JUNKYARD
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
LOT
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
LOT, WIDTH OF
The mean width measured at right angle to its depth.
LOT LINES
Any line dividing one lot from another.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426, which, when placed
on the site:
[Added 8-9-1993 by Ord. No. 303]
A.
Is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., and Subchapters III, IV and V of Chapter SPS 321, Wisconsin
Administrative Code, or is set on a comparable enclosed foundation
system approved by the City Public Works Director or his duly authorized
representative. The City of Hayward Public Works Director or his duly
authorized representative may require a plan to be certified by a
registered architect or engineer to ensure proper support for the
home.
B.
Is installed in accordance with the manufacturer's instructions.
C.
Is properly connected to utilities.
MOBILE HOME
Any structure originally designed to be capable of transportation
by any motor vehicle upon public highway which does not require substantial
on-site fabrication; which is intended for occupancy as a year-round
residence.
NAVIGABLE WATER
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other water
within the territorial limits of this state, including the Wisconsin
portion of the boundary waters, which are navigable under the laws
of this state.
NONCONFORMING USE
A building, structure, or use of land existing at the time
of enactment of this chapter, and which does not conform to the regulations
of the district or zone in which it is situated.
SIGN
Any structure or natural object or part thereof or device
attached thereto or printed or represented thereon which is intended
to attract attention to any object, product, place, activity, person,
institution, organization, or business, or which shall display or
include any letter, word, model, banner, flag, pennant, insignia,
device or representation used as or which is in the nature of an announcement,
direction, or advertisement.
STRUCTURE
Any construction, excluding fills, or any production or piece
of work artificially built or composed of parts joined together in
some definite manner having form, shape and utility. Any pole, including
its base, used for the display of any county, state and/or national
flag shall not be considered a structure.
[Amended 6-16-2003 by Ord. No. 433]
TRAILER
A portable vehicle designed and used for temporary living
purposes.
TRANSITIONAL LIVING FACILITY
Any non-owner-occupied structure used to house prisoners,
convicted felons, or sex offenders in a supervised or monitored setting,
which is not a community living arrangement.
[Added 6-26-2006 by Ord. No. 464]
USE
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
YARD, FRONT
An open unoccupied space on the same lot with the building
between the front line of the building and the front line of the lot
and extending the full width of the lot.
YARD, REAR
An open unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.