A.
Authority. This chapter is adopted under the authority granted by
Wis. Stats. §§ 61.35 and 62.23(7), and amendments thereto.
B.
Title. This chapter shall be known as, referred to and cited as the
"Zoning Code, Village of Tigerton" and is hereinafter referred to
as the "code" or "chapter."
C.
Intent and purposes. The intent and purposes in view of this chapter
are to regulate and restrict the use of all structures, lands and
waters, and to:
(1)
Promote and protect the comfort, public health, safety, morals, prosperity,
aesthetics and general welfare of the people;
(2)
Divide the Village into zones or districts restricting and regulating
therein the location, erection, construction, reconstruction, alteration
and use of buildings, structures and land for residence, business,
manufacturing and other specified uses;
(3)
Protect the character and the stability of the residential, business,
manufacturing and other districts within the Village and to promote
the orderly and beneficial development thereof;
(4)
Regulate lot coverage, the intensity of use of lot areas and the
size and location of all structures so as to prevent overcrowding
and to provide adequate sunlight, air, sanitation and drainage;
(5)
Regulate population density and distribution so as to avoid sprawl
or undue concentration and to facilitate the provision of adequate
public services, utilities and other public requirements;
(6)
Promote the development of a well-balanced diversity of housing types
and densities;
(7)
Regulate parking, loading and access so as to lessen congestion and
promote the safety and efficiency of streets and highways;
(8)
Secure safety from fire, panic, flooding, pollution, contamination
and other dangers;
(9)
Stabilize and protect existing and potential property values and
encourage the most appropriate use of land throughout the Village;
(10)
Preserve and protect the beauty of the Village;
(11)
Prohibit uses, buildings or structures incompatible with the
character of development or intended uses within specified zoning
districts;
(12)
Provide for the elimination of nonconforming uses of land, buildings
and structures which are adversely affecting the character and value
of desirable development in each district;
(13)
Prevent and control erosion, sedimentation and other pollution
of the surface and subsurface waters;
(14)
Further the maintenance of safe and healthy water conditions;
(15)
Provide for and protect a variety of suitable commercial and
industrial sites;
(16)
Protect the traffic-carrying capacity of existing and proposed
arterial streets and highways;
(17)
Implement the Comprehensive Plan adopted by the Village;
(18)
Provide for the administration and enforcement of this chapter
and to provide penalties for the violation of this chapter.
D.
Abrogation and greater restrictions. It is not intended by this code
to repeal, abrogate, annul, impair or interfere with any existing
easements, covenants, deed restrictions, agreements, rules, regulations
or permits previously adopted or issued pursuant to law. However,
whenever this code imposes greater restrictions, the provisions of
this code shall govern.
E.
Interpretation. In the interpretation and application, the provisions
of this code shall be held to be minimum requirements 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.
F.
Severability. If the provisions of this code and the application
of this code to a particular structure, land or water is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this code or its application to any other structure,
land or water shall not be affected thereby.
G.
This code shall be in effect on and after a public hearing recommendation
by the plan commission, approval of the Village Board and publication.
In the construction of this code, the rules and definitions
contained in this article shall be observed and applied, except when
the context clearly indicates otherwise.
The following rules of construction shall apply to the text
of this code:
A.
The particular shall control the general.
B.
In the case of any difference of meaning or implication between the
text of this code and any caption, the text shall control.
C.
The word "shall" is always mandatory and not discretionary. The words
"may" or "should" are permissive and discretionary.
D.
Words used in the present tense shall include the future, and words
used in the singular number shall include the plural, and the plural
the singular, unless the context clearly indicates the contrary.
E.
A "building" or "structure" includes any part thereof. The word "dwelling"
includes "residence." The word "lot" includes the words "plot" or
"parcel."
F.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" or "occupied for."
G.
The word "person" includes an individual, a patron, a firm, an association,
an organization, a corporation (public or private), a partnership
or copartnership, a limited liability company, an incorporated or
unincorporated association, a trust, or any other entity recognizable
as a "person" under the laws of Wisconsin.
H.
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or" or "either . . . or," the conjunction
shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provisions
or events shall apply.
(2)
"Or" indicates that all the connected items, conditions, provisions
or events shall apply singly or in any combination (i.e., "or" also
means "and/or").
(3)
"Either ... or" indicates that the connected items, conditions, provisions
or events may apply singly.
I.
The terms "abutting" or "adjacent to" include property "across from,"
such as across a street, alley, or an easement. This term shall also
apply to adjacent zoning districts in an adjacent community.
J.
The word "he" includes "she."
K.
The phrase "such as" shall mean "such as, but not limited to."
L.
The word "including" shall mean "including, but not limited to."
M.
Terms not defined herein, or elsewhere in this code shall have the
meaning customarily assigned to them.
As used in this code, the following terms shall have the meanings
indicated:
A subordinate building or a portion of a principal building,
the use of which is incidental to that of the main building and which
is located on the same lot as the principal building.
See "use, accessory."
Touching or contiguous, as distinguished from lying near
or adjacent.
The use of land for agricultural purposes including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture
and animal and poultry husbandry and the necessary accessory uses
for packing, treating or storing the produce, provided that the operation
of such accessory use shall be secondary to that of the normal agricultural
activities, and provided that the above uses shall not include the
commercial feeding of garbage or offal to swine and other animals.
A use shall be classified as agriculture only if agriculture is the
principal or main use of the land.
Any public space or thoroughfare which has been dedicated
or deeded to the public for public travel and which affords secondary
access to abutting property.
A change in size, shape or use of a building or structure.
(See also "structural alteration.")
A building or portion thereof designed or used for the care,
observation or treatment of domestic animals.
Any system of wires, poles, rods or similar devices used
for the transmission or reception of electromagnetic waves, which
system is external to or attached to the exterior of any building.
Antennas shall include devices having active elements extending in
any direction and directional beam-type arrays having elements carried
by and disposed from a generally horizontal boom that may be mounted
upon and rotated through a vertical mast or tower interconnecting
the boom and antenna support, all of which elements are deemed to
be a part of the antenna.
A building containing accommodations for more than two families
living independently of each other.
The term "land area," when referring to a required area per
dwelling unit, means "net land area," the area exclusive of public
rights-of-way and other public open space.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. This shall include arterial
streets, highways and parkways.
A facility consisting of self-service bays or automatic lines
for the washing of vehicles. Such uses typically include vacuuming
stations and other associated car care uses.
A building or portion thereof or premises used for offering
for sale to the public at retail fuels, lubricating oil, grease, tires,
batteries and accessories for motor vehicles, where repair service
is incidental. When such dispensing, sale or offering for sale is
incidental to the conduct of a public garage, the premises are classified
as a "public garage." Automobile service stations do not include open
sales lots.
Any area of land where three or more vehicles, unlicensed
and/or not in running condition, an accumulation of auto parts, or
both, are stored in the open and are not being restored to operation.
Any land, building or structure used for the wrecking or storing of
such motor vehicles, or parts thereof, not in running condition. Any
area where tire carcasses are stored or recycled. Any area where three
or more pieces of unlicensed or inoperative construction equipment,
motorcycles, snowmobiles, boats or appliances or their parts are stored
and are not being restored to operation, or any land or structure
for the wrecking or storing of such vehicles, equipment or appliances,
or parts thereof, not in working condition. The examples listed by
this definition are examples and not intended to be an inclusive list.
A hood or cover which projects from the wall of a building.
A platform projecting from the second or third story of a
building and enclosed by a railing.
That portion of a building wholly or partly below grade,
but so constructed that a vertical distance from the average grade
to the basement floor is greater than the vertical distance from the
average grade to the basement ceiling. A basement shall not be included
as a story for height measurement. A basement is considered a story
if over 50% of its height is above the level from which the height
of the building is measured.
A bed-and-breakfast is as defined in Wis. Stats. § 97.01(1)(g),
as may from time to time be amended.
See "sign, advertising."
See "rooming house."
A strip of land, generally adjacent to a property line, in
which a screen of plantings is installed. Such screen shall be planted
with deciduous or evergreen trees and shrubs in any combination deemed
appropriate which is dense enough and high enough to be a visual buffer
between properties.
A structure which encloses space above or below grade or
both.
The ground area of a building or buildings, together with
all open spaces required by this code.
See "accessory structure."
The vertical distance measured from the bottom of the floor
joists or floor slab of the first story to the highest point of the
roof for flat roofs; and to the deck line of mansard roofs; and to
the average height between eaves and ridges for gable, hip, and gambrel
roofs. Where buildings have multiple or conflicting roof styles, the
most restrictive method of measurement applies.
The building on a lot used to accommodate the primary use
to which the premises are devoted. Only one principal structure is
permitted on each lot or parcel.
The minimum allowable distance from a given point or line
of reference, such as a thoroughfare, right-of-way, ordinary high-water
mark or lot line to the nearest vertical wall or other element of
a building or structure.
Any building not designed to be permanently located at the
place where it is, or where it is intended to be temporarily placed
or affixed.
The combination of zoning controls which establishes the
maximum size of a building and its location on a lot. The bulk envelope
is a three-dimensional area within which a permitted building may
be built.
An occupation, employment or enterprise which occupies time,
attention, labor and materials or wherein merchandise is exhibited
or sold or where services are offered.
Any premises established for overnight habitation by persons,
not the owner of the property, using equipment designed for temporary
camping whether or not a fee is charged.
Any portable device, used as a temporary shelter, including,
but not limited to, a camping trailer, motor home, bus, van, pickup
truck, park unit, tent or other mobile recreational vehicle.
A covered automobile parking space not completely enclosed
by walls or doors.
A building or portion thereof, the principal use of which
is for offices of physicians or dentists, or both, for examination
and treatment of persons on an outpatient basis.
An association for some common purpose, but not including
a group organized for or which is actually engaged in rendering a
service which is customarily carried on as a business. A roadhouse
or tavern shall not be construed as a club.
Community and other living arrangements is as defined in
Wis. Stats. § 62.23(7)(i).
The land together with all buildings, improvements and structures
thereon, all easements, rights and appurtenances belonging thereto,
and all articles of personal property which complies with the provisions
under Chapter 703, Wisconsin Statutes.
Any building or structure which complies with all the regulations
of this code.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide prepared
by the United States Department of Agriculture Natural Resources Conservation
Service for Shawano and Menominee Counties, adopted by the County
Soil and Water Conservation District Supervisors, and containing suitable
alternatives for the use and treatment of land based upon its capabilities,
from which the landowner selects that alternative which best meets
his needs in developing his soil and water conservation plan.
A local street having one end open to vehicular traffic and
the other end permanently terminated by a vehicular turnaround.
As defined in Wis. Stats. § 48.65.
A platform extending from the first story of a building,
which may or may not be enclosed by a railing.
Any man-made change to improved or unimproved real estate,
including, but not limited to, construction of or additions or substantial
improvements to buildings, other structures or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations
or deposition of materials.
A designated area of the Village for which the regulations
governing the use of the land and buildings are uniform.
More than four dogs that are more than six months old at
a business where dogs are bred and sold and/or boarded, cared for
and/or trained, generally for a fee.
The pen(s), run(s), and accessory structure(s) associated
with land used for the harboring of dogs.
An establishment or part thereof in which are provided facilities
for serving patrons sitting in automobiles on the premises.
A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple-family dwellings.
An accessory building is not considered a dwelling.
One or more rooms located in a dwelling, which are arranged,
used or designed to be used as living quarters for one family only.
A dwelling unit shall include an independent entrance and individual
bathroom and kitchen facilities permanently installed to serve only
the family occupying such unit.
A dwelling consisting of one principal room, an individual
bath, kitchen facilities and an independent entrance, and not exceeding
375 square feet in net floor area, exclusive of halls and entryways.
A prebuilt one-family dwelling designed and constructed to
accommodate a single family, located in a mobile home park and having
the following additional characteristics:
Manufactured as a relocatable dwelling unit for year-round occupancy
and for installation on a mobile home stand on a foundation with or
without a basement;
Designed to be transported on its own chassis and connected
to utilities after placement on a stand or foundation;
Designed to be installed as a complete single-wide or double-wide
unit with only incidental unpacking, expanding and assembling needed.
A prebuilt, one-family dwelling which is manufactured in
two or more sections for transport to a site for final assembly on
a foundation or basement. A modular home is not a mobile home for
purposes of this chapter.
A dwelling containing three or more dwelling units, including
rental apartments and cooperative- and condominium-ownership arrangements,
with the number of families in residence not to exceed the number
of dwelling units provided.
A dwelling containing only one dwelling unit and one family.
A dwelling containing three or more dwelling units, each
of which has one or two side walls in common with side walls of adjoining
dwelling units and are party or lot-line walls; may provide rental
or sales housing.
A dwelling containing only two dwelling units side-by-side
and joined by a party wall or one above the other, designed for occupancy
by not more than two families.
A terminal at which electric energy is received for the transmission
system and is delivered to the distribution system only.
A terminal at which electric energy is received from the
transmission system and is delivered to other elements of the transmission
system and, generally, to the local distribution system.
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 and other similar equipment
and accessories necessary for the furnishing of adequate service by
such public utilities or governmental departments or commissions or
for the public health, safety or general welfare.
An establishment or place of business primarily engaged in
the provision of services to other business or service establishments,
which are usually but not always recurrent in nature. Such facilities
may include, but are not limited to branch locations for shipping
companies, copying and printing establishments, computer service establishments,
and the like. Business service establishments do not include the manufacture
of any products, implements, or goods.
Any unincorporated area within 1.5 miles of the corporate
limits of the Village. See Wis. Stats. § 62.23(7a).
One or more persons living together in a single dwelling unit
as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
This definition is not intended to prohibit group homes or community
living arrangements that are determined to be protected by the Federal
Fair Housing Law, provided that such facilities are licensed and permitted
under the authority of the State Department of Health Services or
the State Department of Children and Families or other state department
or agency.
All lands under common ownership that is primarily devoted
to agriculture use.
A structure which is a barrier and used as a boundary or
means of protection or confinement.
A fence, including entrance and exit gates, where each one-foot-wide
segment for the full length and height of the fence contains at least
50% open space which affords a direct view through the fence.
The gross horizontal areas of the several stories within
the outer lines of the exterior walls of a building or from the center
line of party walls; provided that the floor area of a dwelling shall
not include space not usable for living quarter, such as attics, utility
or unfinished basement rooms, garages, breezeways and unenclosed porches
or terraces.
The sum of the gross horizontal area of the several floors
of the building, excluding areas used for accessory off-street parking
facilities and the horizontal areas of the basement and cellar floors
that are devoted exclusively to uses accessory to the operation of
the entire building. All horizontal dimensions shall be taken from
the exterior of the walls.
The total ground-floor area of principal and accessory buildings
which is under a roof or enclosed by a solid fence greater than five
feet high. Terraces, patios, porches and steps not under a roof or
enclosed shall not be included in floor area calculations. An awning,
trellis or other open overhead structure shall not be considered a
roof insofar as this definition is concerned.
The numerical value obtained by dividing the floor area within
a building or buildings on a lot by the area of such lot. The floor
area ratio as designated for appropriate districts, when multiplied
by the lot area in square feet, shall determine the maximum permissible
floor area for the building or buildings on the lot in such district.
The primary domicile of a foster parent which has four or
fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
All the property on one side of a street adjacent to and
contiguous with the line of a public right-of-way.
An accessory building or an accessory portion of the principal
building, enclosed on all sides and designed or used for the shelter
or storage of passenger vehicles and located on the same lot as the
dwelling to which it is accessory.
A building or portion thereof other than a private or storage
garage, designed or used for equipping, servicing or repairing motor
vehicles. Hiring, selling or storing of motor vehicles may be included.
The established grade of the street or sidewalk is as prescribed
by the Village.
For buildings abutting one street only, the elevation of
the sidewalk at the center of the wall facing the street (or the elevation
of the center line of the street where no sidewalk exists); for buildings
having walls facing more than one side street, the average elevation
of the sidewalk at the centers of all walls facing the street; for
buildings having no walls facing the street, the average level of
the finished surface of the ground adjacent to the exterior walls
of the building. (Any wall approximately parallel to a street line
is to be considered as facing the street.)
Glassed enclosures used for horticulture for wholesale and
retail use.
Glassed enclosures used for horticulture where the enclosure
covers less than 500 square feet or 5% of the lot, whichever is lesser,
and the operation does not exceed the definition of a home occupation.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed, except that no animals shall be kept,
boarded, etc., overnight.
Land area measured on the horizontal plane, including land
occupied by all natural and man-made features of the landscape.
The result of dividing the number of dwelling units located
on a site by the gross site area.
Any facility operated by a person required to be licensed
by the State of Wisconsin under Wis. Stats. § 48.62, for
the care and maintenance of five to eight foster children.
A low-impact economic activity performed within a dwelling
unit and/or its attached or detached garage, where the principal use
of the lot is the residence of the person conducting the economic
activity.
Standards:
The occupation shall be conducted only within the dwelling and/or
an attached or detached garage.
The area used to conduct the home occupation shall not exceed
25% of the improved square footage of the dwelling unit, excluding
the garage, and shall not exceed 25% of the area of any floor.
A home occupation shall be undertaken only by a member of the
immediate family residing on the premises.
There shall be no exterior alterations to the dwelling that change the character thereof as a dwelling, except for signage. Signage shall be as permitted for home occupations in § 585-18.
No activity, materials, goods or equipment incidental to the
home occupation shall be externally visible, except for one licensed
car, van, or light-duty truck used for the home occupation and external
storage normally allowed for the principal residential use.
No home occupation shall endanger the public health and safety
or interfere with the enjoyment of other parcels in the neighborhood.
No mechanical or electrical equipment may be used other than
such as customarily incidental to domestic use or that creates any
disturbance at the property line.
The use shall not involve the use of commercial vehicles for
more than the occasional delivery of materials to or from the premises.
No home occupation, combined with the principal residential
use of the property, shall generate more than 15 vehicle trips per
day.
A building in which board and lodging are provided to the
transient public for compensation.
The person, board or committee who has been authorized to
issue respective permits.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
includes, but is not limited to, vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush, wood and lumber.
See "salvage yard."
A business that provides coin-operated self-service-type
washing, drying, dry-cleaning and ironing facilities, providing that
no pick-up or delivery service is maintained.
A space within the principal building or on the same lot
as the principal building, providing for the standing, loading or
unloading of trucks and with access to a street or alley.
A building originally built for use as a one- or two-family
dwelling, all or a portion of which contains lodging rooms which are
available to accommodate persons who are not members of the keeper's
family. Facilities are available for providing lodging or meals, or
both, for compensation for at least three but not more than 10 persons.
A room or suite of rooms rented as sleeping and living quarters,
with or without an individual bathroom but without cooking facilities.
A parcel of land occupied or designed to be occupied by one
principal structure or use and its accessory structures or uses, including
the open spaces required by this code. A lot may be a parcel designated
in a plat or described in a conveyance recorded in the office of the
Register of Deeds, or any part of a large parcel when such part complies
with the requirements of this chapter as to width and area for the
district in which it is located. No land included in any street, highway
or railroad right-of-way shall be included in computing lot area.
The computed area contained within the lot lines. Where the
lot has been conveyed to the center of the street the area of the
lot lying within the established street right-of-way shall not be
included as part of the lot area for the purpose of these regulations.
The part or percent of the lot occupied by buildings or structures,
including accessory buildings or structures. [See "floor area (for
determining percentage of lot covered)."]
The mean distance between the front lot line and the rear
lot line.
In the case of an interior lot, the line separating such
lot from the street. In the case of a corner or through lot, the line
separating such lot from that street which is designated as the front
street in the request for zoning compliance permit.
That boundary of a lot which is most distant from and is,
or is most nearly, parallel to the front lot line and, in the case
of an irregular, triangular or gore-shaped lot, a line 10 feet in
length within the lot, parallel to and at the maximum distance from
the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Register of Deeds of Shawano County,
Wisconsin; or a parcel of land, the deed of which was recorded in
the office of the Register of Deeds of Shawano County, Wisconsin,
prior to the effective date of this code.
The distance between the side lot lines of a lot measured
along the front-yard setback line.
A lot located at the intersection of two streets, any two
corners of which have an angle of 120° or less, or is bounded
by a curved street, any two chords of which, on the inside of the
curve, form an angle of 120° or less.
A lot that is not a corner lot.
A parcel of land held in separate ownership, having frontage
on a public street or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot area, yard, off-street parking areas or other open
space provisions of this code as pertaining to the district wherein
located.
A lot having a frontage on two more or less parallel streets,
and which is not a corner lot. Both street lines shall be deemed front
lot lines.
The width of a lot shall be the shortest distance between
the side lines at the building location at which the principal building
shall be constructed.
That portion of a building or structure which is parallel
or nearly parallel to the abutting street. For buildings which front
on two or more streets, the main building facade shall contain the
main entrance to such building.
A building unit or assembly of closed construction that is
fabricated in an off-site facility and constructed in conformance
with the federal construction and safety standards established by
the Secretary of Housing and Urban Development pursuant to the "Manufactured
Housing Construction and Safety Standards Act of 1974," 88 Stat. 700,
42 U.S.C.A. §§ 5401, 5403, and that has a permanent
label or tag affixed to it, as specified in 42 U.S.C.A. § 5415,
certifying compliance with all applicable federal construction and
safety standards. For the purposes of this chapter, a manufactured
home includes manufactured homes and mobile homes. The term "manufactured
home" does not include a recreational vehicle.
An establishment, the principal use of which is manufacturing,
fabricating, processing, assembly, repairing, storing, cleaning, servicing
or testing of materials, goods or products.
A building unit or assembly of closed construction that is
fabricated in an off-site facility, is more than 35 body feet in length
or, when erected on site, is 320 or more square feet, is built on
a permanent chassis, is transportable in one or more sections, and
does not qualify as a manufactured home.
A plot of ground within a mobile home park designed for the
accommodation or placement of one mobile home and the exclusive use
of its occupants.
The person in whose name the mobile home is titled by the
State Department of Transportation.
A mobile home without inside toilets and bath. Dependent
mobile homes are prohibited in a mobile home park as defined in this
chapter.
A manufactured home or mobile home park means any tract of
land upon which three or more manufactured or mobile homes, used for
habitation are parked, either free of charge or for revenue purposes,
and includes any roadway, building, structure, vehicle, or enclosure
used or intended for use as part of the facilities of the park. The
term "mobile home park" shall not include automobile or mobile home
sales lots on which unoccupied mobile homes are parked for the sole
purpose of inspection for the purposes of sale.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
An establishment consisting of attached or detached lodging
rooms with separate bathrooms and separate entrances, and where more
than 50% of the lodging rooms are occupied or designed for occupancy
by transient paying guests.
A building or area in which freight brought by motor truck
is assembled or stored for routing in intrastate or interstate shipment
by motor truck.
A building used exclusively for residential purposes containing
three or more residential dwelling units. A multiple-family structure
where units are available for lease or rent for periods of less than
one month shall be considered a lodging use.
Any structure, land or water lawfully used, occupied or erected
at the time of the effective date of the ordinance or amendments thereto
which does not conform to the regulations of this chapter or amendments
thereto. Any such structure conforming in respect to use but not in
respect to frontage, width, height, area, yard, parking, loading or
distance requirements shall be considered a nonconforming structure
and not a conforming use.
A licensed facility for the care and supervision of nine
or more children for less than 24 hours a day in a one-family dwelling,
church, school, hospital or similar building.
A home for aged, chronically ill, infirm or incurable persons,
or a place of rest for those persons suffering bodily disorders, in
which three or more persons, not members of any family residing on
the premises, are received and provided with food, shelter and care,
but not including hospitals, clinics or similar institutions devoted
primarily to the diagnosis and treatment of disease or injury, maternity
cases, or mental illness.
Pertains to and is the purpose for which a building is used
or intended to be used. A change of occupancy is not intended to include
a change of tenants or proprietors.
The Official Map of the Village of Tigerton.
Land used or occupied for the purpose of buying, selling
or renting merchandise stored or displayed out of doors prior to sale.
Such merchandise includes automobiles, trucks, motor scooters, motorcycles,
boats or similar commodities.
Any portion of the lot which is not occupied by any building
or structure or is not hard surfaced with a man-made material. Furthermore,
any land or area, the preservation of which in its present use would:
Conserve and enhance natural or scenic resources; or
Protect streams or water supply; or
Promote conservation of soils, wetlands, or beaches; or
Enhance the value to the public of abutting or neighboring parks,
forests, wildlife preserves, nature reservations, or sanctuaries;
or
Enhance recreation opportunities.
A lot where automobiles are parked or stored temporarily,
but not including the wrecking of automobiles or other vehicles or
storage for the purpose of repair or wrecking.
An off-street space or berth for the temporary parking of
a vehicle for a period longer than required to load or unload persons
or goods.
A criteria established to control smoke and particulate matter,
noise, odor, toxic or noxious matter, vibration, fire and explosion
hazards, glare or heat, or radiation hazards generated by or inherent
in uses of land or buildings.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including state and
local governments and agencies, or any combination thereof.
An establishment or place of business primarily engaged in
the provision of services of a personal nature related to the care,
hygiene, or appearance of the human body or the maintenance of items
worn or carried by persons. Such services are usually but not always
recurrent in nature. Examples of personal service uses include, but
are not limited to, beauty and barber shops, shoe repair shops, health
spas, therapeutic massage, tailor shops, and the like.
Any person, partnership or corporation, whether operated
separately or in connection with another business enterprise, except
for a licensed kennel, which buys, sells or boards any species of
animal.
The Plan Commission of the Village of Tigerton, Wisconsin,
as organized under Wis. Stats. § 62.23.
A tract of land in single ownership or controlled by a partnership,
corporation or cooperative group, which is developed as a unit for
residential purposes or with a mix of residential and nonresidential
buildings, with all required roadways, parking and loading areas,
accessory buildings, open spaces and other site amenities. A planned
unit development shall involve a detailed plan review and approval
in accordance with standards and procedures as set forth in this chapter.
All of the primary uses of properties, treated as a use permitted
by right or as a conditional use (rather than as an accessory or temporary
use).
A thoroughfare which affords principal means of access to
abutting property, but which has not been dedicated to the public
and/or subject to public easements.
A public thoroughfare which has been dedicated to the public
use and accepted by a unit of government or subject to public easement
and which affords principal means of access to abutting property.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, topsoil and similar material as an industrial
or commercial operation and exclusive of the process of excavation
and grading in preparation for the construction of a duly authorized
building, park or highway.
An open area and/or facilities designed for the active and/or
passive use by the general public.
Lowest order of residential streets. Provides frontage for
access to lots and carries traffic having destination or origin on
the street itself. Designed to carry the least amount of traffic at
the lowest speed.
Highest order of residential streets. Conducts and distributes
traffic between lower-order residential streets and higher-order streets
(arterials and expressways). Carries the largest volume of traffic
at higher speeds. Function is to promote free traffic flow; therefore,
parking and direct access to homes from this level of street should
be prohibited.
Middle order of residential streets. Provides frontage for
access to lots and carries traffic of adjoining residential access
streets. Designed to carry somewhat higher traffic volumes with traffic
limited to motorists having origin or destination within the immediate
neighborhood. Is not intended to interconnect adjoining neighborhoods
or subdivisions and should not carry regional through traffic.
Any generally recognized retail business that supplies commodities
on the premises to the general incidental public where all sales and
display of goods shall occur. Commodities supplied may include groceries
and similar food products for consumption off the premises.
That portion of a street which is used or intended to be
used for the travel of motor vehicles.
A building other than a hotel where meals, or lodging and
meals, are furnished for compensation for persons that are not members
of the resident family.
The minimum distance between a street line and the nearest
wall of a building or side of a structure facing such street line.
A name, identification, illustration, description, display
or device, or anything else, illuminated or not, which is affixed
to a building or sign structure and which directs attention to, promotes
or identifies a product, place, name, activity, person, institution
or type of business. For purposes of removal, signs shall also include
sign structures.
As set forth in § 585-18 of this chapter.
Any structure or material which supports, has supported or
is intended to support or help maintain a sign in a stationary position,
including any decorative covers or roofs or embellishments extending
above such sign.
Any sign portraying information which promotes or directs
attention to a person, place, business, product, service, entertainment
or other activity not related to a use on the lot on which such sign
is located. A billboard or off-premises sign.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any sign on which the names and locations of occupants or
the use of a building is given. This shall include offices and church
directories.
Any sign whose message may be changed by electronic process,
including such messages as copy, art, graphic, time, date, temperature,
weather or information concerning civic, charitable or other noncommercial
activities or the advertising of products or services for sale on
the premises. This also includes traveling or segmented message displays.
An illuminated sign on which the artificial light is not
maintained constant or stationary in intensity or color at all times
when such sign is in use. Time-temperature signs are not flashing
signs as considered in this chapter.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building (also
referred to as "freestanding sign").
Any sign portraying information which promotes or directs
attention to a person, place, business, product, service, entertainment
or other activity located on the same lot where the sign is installed
and maintained.
Any sign that is illuminated from a source outside of the
actual sign.
Any sign attached to and made part of a marquee. A marquee
is defined as a permanent roof-like structure projecting beyond a
building wall at an entrance to a building or extending along and
projecting beyond the building's wall and generally designed
and constructed to provide protection against weather.
Any sign not permanently attached to the ground or a building.
Any sign illuminated by neon lighting.
Any sign which does not conform to the regulations of this
chapter.
Any sign not permanently attached to the ground which is
designed to be easily moved from one location to another.
Any sign extending more than 12 inches, but less than five
feet, from the face of a wall or building.
Any sign which is used to offer for sale, lease or rent the
property upon which the sign is placed.
A sign erected on, against or above a roof and extending
above the highest point of the roof. If the sign does not extend above
the highest point of the roof and is single-faced, it is considered
a wall sign.
Any sign intended to be displayed for a short period of time,
including real estate, political or construction site signs, and banners,
decorative-type displays or anything similar to the aforementioned.
A single-faced sign which is attached to, erected on, or
painted on the wall of any building or structure and projecting not
more than 12 inches from such wall.
A sign installed inside a window for purposes of viewing
from outside the premises.
PRIVATE STABLEA building and associated site improvements for the keeping of horses for noncommercial use by the residents of the lot, not including the keeping of horses for others or for commercial breeding.
PUBLIC STABLEThe keeping of horses for hire, breeding, or commercial use.
Land outside any building or roofed area and used for the
keeping of goods, supplies, raw material or finished products.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between the floor and the ceiling
next above it. The floor of a story may have split levels, provided
that there is not more than five-foot difference in elevation between
the different levels of the floor. A mezzanine floor shall be counted
as a story when it covers over 1/3 the area of the floor next below
it or if the vertical distance from the floor next below it to the
floor next above it is 24 feet or more. See also "basement."
That part of a building between a pitched roof and the uppermost
full story, such part having a floor area which does not exceed 1/2
of the floor area of such full story, provided the area contains at
least 200 square feet, with a clear height of at least seven feet
six inches.
Any right-of-way in excess of 24 feet in width containing
a roadway which affords the primary means of vehicular access to abutting
properties. When such right-of-way is not an existing or dedicated
public street, it shall be not less than 40 feet in width, unless
otherwise herein regulated. An alley or driveway shall not be considered
a street.
The street right-of-way line separating the street from abutting
property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof or in the exterior walls, excepting such repair or replacement
as may be required for the safety of the building, as determined by
the Building Inspector.
Anything constructed or erected, including a building, the
use of which requires permanent location on the ground or attached
to something having a permanent location on the ground.
An outdoor structure containing a body of water in a receptacle
or other container having a depth for water at any point greater than
two feet, located above or below the surface of ground elevation,
used or intended to be used solely by the owner, operator or lessee
thereof and his family, and by friends invited to use it, and includes
all structural facilities, appliances and appurtenances, equipment
and other items used and intended to be used for the operation and
maintenance of a private or residential swimming pool.
An establishment where alcohol is sold to be consumed on
the premises but not including restaurants where the principal business
is the serving of food.
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure,
such as billboards.
Those towers covered in § 585-15 of this chapter.
Those towers covered in § 585-16 of this chapter.
The required portion of a lot excluding the required front
yard area which is unoccupied by principal or accessory buildings
and available to all occupants of the building for use for recreational
and other leisure activities normally carried on outdoors. This space
shall be unobstructed to the sky and shall not be devoted to service
driveways or off-street parking or loading space, and shall be a minimum
of 20 feet of dimension on the ground.
The purpose or activity for which the land or building thereon
is designed, arranged or intended, or for which it is occupied or
maintained, including any manner of performance of such activity with
respect to the performance standards of the Village.
A use which is incidental and subordinate to the principal
use of a premises or building and located on the same premises as
the principal use or building.
The use of any building or land that conforms with all of
the regulations of this chapter or any amendment hereto and which
conforms with all of the codes, ordinances and other legal requirements
as existing at the time of the enactment of this chapter or any amendment
thereto, for the building or land that is being examined.
See "principal use."
A public service for the provision of energy such as electricity,
natural gas, heating oil, public water supply or waste collection.
"Utility" shall include high-voltage or high-capacity transmission
lines, whether above or below grade, substations and distribution
lines, whether above or below grade.
Written authority to deviate from any of the requirements of this code as set forth and authorized by § 585-22G of this code.
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer
propelled or drawn by mechanical power.
The Village of Tigerton, Wisconsin.
A condition that occurs when a structure or other activity
requiring a permit or approved by this code is commenced without first
obtaining the required permit and/or where the structure or activity
is not in compliance with the terms of this code.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
FRONT YARDAn open space extending across the full width of a lot and being the perpendicular distance between the street right-of-way line or the proposed street right-of-way to the nearest principal structure.
NONREQUIRED YARDA yard, as defined herein, that occupies the area between a required setback line and a principal building.
REAR YARDAn open space extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the rear building line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be in all cases at the opposite end of the lot from the front yard.
SIDE YARDAn open space between the side building line and the side lines of the lot and extending from the front yard to the rear yard.
SIDE STREET YARDThe area extending between the front yard and the rear yard situated between the side street lot line and the face of the principal building which is parallel to, or most nearly parallel to, the side street lot line.
REQUIRED YARDA yard, as defined herein, that occupies the area of a required setback.
YARDAn open space of the same lot between the lot line and the building line, unoccupied and unobstructed by any portion of a building or structure from the ground upward, except as otherwise provided herein.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A change in the text and/or Zoning Map of the existing Zoning
Ordinance which is approved under the terms of this chapter.
The districts into which the Village has been divided for
zoning regulations as set forth on the Zoning Map and in this code.
A permit issued to verify and approve how the site and associated
development will be used to ensure the site is in compliance with
this code.
