This chapter is adopted under the authority granted by Wis.
Stats. § 62.23.
The purpose of this chapter is to promote the public health
and general welfare; to lessen congestion in the streets; to secure
safety from fire, panic and other dangers; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue concentration
of population; to facilitate the adequate provision of transportation,
water, sewerage, school, parks and other public facilities.
This chapter shall be known as "Zoning Code, Village of Blue
Mounds, Wisconsin."
For the purpose of this chapter, certain words or phrases used
herein are defined as follows. Words commonly used in the singular
number include the plural, and words in the plural include the singular.
The word "shall" is mandatory and not directory.
ACCESSORY USE, BUILDING OR STRUCTURE
A use, building or structure on the same lot with and of
a nature customarily incidental and subordinate to, the principal
use, buildings or structure.
BASEMENT OR CELLAR
A story partly underground with at least 1/2 of its height
below the average level of the adjoining ground.
BOARDING OR ROOMING HOUSE
Any dwelling in which unrelated persons are housed or lodged
for compensation with or without meals, having not more than 10 sleeping
rooms and not open to transient customers.
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
equipment, machinery or materials.
BUILDING AREA
The total living area bounded by the exterior walls of a
building at the floor level, but not including basement, utility rooms,
garages, porches, breezeways and unfinished attics.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished grade along the street yard face of the structure to
the highest point of the roof.
CONDITIONAL USE
Use of a special nature as to make impractical its predetermination as a principal use in a district. In contrast to permitted uses which require no additional approval, conditional uses require additional review by the Plan Commission and approval by Village Board. (See §
385-25, Conditional uses.)
DECK or PATIO
An unenclosed exterior structure, attached or adjacent to
the exterior wall of a building, which has a floor, but no roof.
DWELLING UNIT
A building or portion thereof, designed or used exclusively
as the living quarters used by one or more persons as a distinct housekeeping
unit. A dwelling unit typically consists of living, sleeping, cooking
and eating quarters located on the same premises.
ESSENTIAL SERVICES
The erection, construction, alteration by public or private
utility companies of underground, surface or overhead transmission
or distribution systems for gas, electricity, water, communications,
fuel, and disposal by towers, poles, wires, traffic signals, pumps,
lift stations, mains, drains, vaults, sewers, culverts, pipes, conduits,
cables, catch basins, water storage tanks, hydrants and similar devices,
but not including buildings necessary in supplying the foregoing essential
services.
FENCE
All barriers that prevent or limit ingress or egress, and/or
form an enclosure, boundary or vision barrier. Fences may be constructed
of materials such as wood, stone, metal, plastic or other similar
material, or may consist of natural vegetation such as hedges, shrubbery
or similar vegetation that forms a barrier, enclosure or boundary.
FREEWAY
A divided arterial highway with full control of access and
with fully grade-separated intersections.
GARAGE
A building or portion thereof principally used for parking
or temporary storage of automobiles, trucks, or similar self-propelled
vehicles. There shall be a driveway from a public way providing access
to each garage. For the purpose of defining the size of stalls within
a garage, each stall shall be no less than 10 feet by 20 feet. Garages
may be attached to or detached from the principal building on the
lot. Each dwelling unit may have up to one garage, consistent with
the requirements of this chapter.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
established by the Village.
HOME OCCUPATION
A gainful occupation conducted by persons who reside in the
dwelling unit and incidental to the principal use of the premises
as a residence.
LOT OF RECORD
A lot which is recorded in the office of the Dane County
Register of Deeds.
MANUFACTURED HOME
For the purposes of these ordinances, a manufactured home
has the definition set forth in Wis. Stats. § 101.91(2)
and also is installed in accordance with the manufacturer's instructions,
has a permanent foundation, is properly connected to utilities and
meets all other standards established for residences under the Village's
building and zoning codes.
MOBILE HOME
As defined in Wis. Stats. § 66.0435(d). Unless
otherwise specified, use of the term "mobile home" refers to "nondependent
mobile homes." A "nondependent mobile home" means a mobile home equipped
with complete bath and toilet facilities, all furniture, cooking,
heating, appliances and complete year-round facilities. (Some nondependent
mobile homes also meet the standards for manufactured homes.) A "dependent
mobile home," which is sometimes referred to as a "house trailer,"
is a mobile home without complete bathroom facilities.
MOTEL or HOTEL
A group of attached or detached buildings containing individual
living or sleeping units where a garage, carport or parking space
is conveniently located for each unit, all for the temporary use of
automobile tourists or transients.
PARKING SPACE
The area required for parking one automobile, which in this
chapter is held to be an area 10 feet wide and 20 feet long, not including
driveways or passageways.
PLAT
A map of a subdivision.
PRINCIPAL BUILDING
The main structure on a lot which houses the principal use
of the premises.
PROFESSIONAL HOME OFFICES
Residences of doctors, dentists, architects, engineers, land
surveyors, artists, teachers, lawyers, computer specialists or other
recognized professions used to conduct their professions where the
office does not exceed 1/2 of the floor area of the residence and
only one nonresident person is employed.
RESIDENCE
A building designed or used exclusively as a permanent living
quarters.
SIGNS
Any word, letter, 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.
STREETS
A public right-of-way providing access to abutting properties.
The public right-of-way for streets constructed in the Village shall
not be less than 66 feet wide, unless a variance is obtained.
STRUCTURE
Anything built, constructed or erected which requires permanent
location on the ground or attachment to something located on the ground.
USABLE OPEN SPACE
That part of the ground level of the zoning lot, other than
the required front or corner side yard, which is unoccupied by the
principal or accessory buildings, service driveways, or off-street
parking spaces. "Ground level," for this purpose may include open
terraces above the average level of the adjoining ground, but not
including a permanently roofed-over terrace or porch.
UTILITIES
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulation stations.
YARD
A required open space on the same lot with a building or structure. For all newly created lots, including lots within new subdivisions, plats, certified survey maps or PUDs, whenever the lot is irregularly shaped, has curved lot lines, or has more or less than four lot lines such that designation of such lot lines as front, rear or side is unclear under this chapter, the Zoning Administrator/Village Clerk/Treasurer is authorized to designate whether a particular lot line is a front, rear or side lot line and the appropriate setback, or refer the designation to the Plan Commission and Village Board pursuant to §
325-28.
[Amended 4-13-2005 by Ord. No. A-175]
YARD, FRONT
A yard extending across the full width of the lot, between
the immediately adjacent side yard lot lines, and lying between the
front line of the lot and nearest point on the principal building.
The front lot line shall abut the street which serves as the address
for the lot. On irregularly shaped lots or lots with a curved front
lot line, the front lot line shall be the curve of the arc of the
front lot line. On lots with only three lot lines, the front lot line
may connect to the rear lot line and one side lot line.
[Amended 4-13-2005 by Ord. No. A-175]
YARD, REAR
A yard extending across the full width of the lot, between the immediately adjacent side yard lot lines, and lying between the rear line of the lot and the nearest point on the principal building. On regular shaped lots, the rear lot line shall be that lot line that is opposite and most distant from the front lot line. On irregularly shaped lots or lots that have more than four lot lines, the rear lot line shall be determined by beginning at the mid point of the front lot line and running perpendicular from said mid-point to the most distant lot line; on lots that have a curved front lot line, the rear lot line shall be determined by beginning at the mid-point of the chord of the arc of the curve of the front lot line and running perpendicular from said mid-point to the most distant lot line. On lots that have three lot lines, the rear lot line shall be the lot line other than the front lot line and which abuts the neighboring lot's rear yard. In cases where this definition does not result in a clear designation of a rear lot line, the Zoning Administrator/Village Clerk/Treasurer shall designate the rear lot line, or refer the designation to the Plan Commission and Village Board pursuant to §
325-28.
[Amended 4-13-2005 by Ord. No. A-175]
YARD, SIDE
A yard extending from the front yard to the rear yard between
the side lot line and the nearest point on the principal building.
On irregularly shaped lots, lots that have more than four lot lines,
side lot lines are those lot lines other than the front lot line and
the rear lot line; in such cases, two or more side lot lines may be
adjacent to one another. On lots with only three lot lines, there
shall be only one side lot line, such that the side yard abuts the
neighboring lot's side yard.
[Amended 4-13-2005 by Ord. No. A-175]
YARD, STREET
A side yard which lies adjacent to a street. In applying
this definition, a yard which lies adjacent to an alley shall not
be considered a street yard.
ZONING ADMINISTRATOR
The Village Clerk/Treasurer and Building Inspector shall
jointly serve as the Zoning Administrator, and may obtain assistance
from the Police Chief and Village Attorney, as needed.
ZONING LOT
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 zoning lot or lots
may or may not coincide with a lot of record. A zoning lot must have
a width and depth sufficient to provide the space necessary for one
main building and its accessory buildings together with the open spaces
required by this chapter and Chapter 328, Subdivision of Land. Once
improved, a zoning lot shall be treated as a single tax parcel on
the Village Assessment Roll.