For the purpose of this chapter, words used in the present tense
shall include the future; words used in the singular shall include
the plural number, and the plural the singular.
A.
The word "shall" is mandatory and not discretionary.
B.
The word "may" is permissive.
C.
The word "lot" shall include the words "piece," "parcel," and "plats";
the word "building" includes all other structures of every kind regardless
of similarity to buildings; and the phrase "used for" shall include
the phrases "arranged for," "designed for," "intended for," "maintained
for," and "occupied for."
D.
All "measured distances" shall be to the nearest "integral foot."
If a fraction is 1/2 foot or less, the next "integral foot" below
shall be taken.
E.
Any words not herein defined shall be construed as defined in other
respective state, county, and town codes.
Certain words and terms in this chapter are to be interpreted
as defined herein.
An uninhabited, subordinate structure exceeding 150 square
feet in area, attached or detached to the principal structure, the
use of which is incidental to and customary in conjunction with the
principal use of the structure (e.g., garages, carports, and other
similar buildings used for the storage of common household supplies,
equipment and vehicles).[1]
A subordinate use which is incidental to and customary in
conjunction with the principal structure or use and which is located
on the same lot with such principal structure or use.
Any advertising sign, billboard, statuary, or poster panel
which directs attention to a business, commodity, service, or entertainment
not exclusively related to the premises where such sign is located
or to which it is affixed; but does not include those advertising
signs, billboards, or poster panels which direct attention to the
business on the premises or to a brand name of a product or commodity
with which the business is specifically identified and which is sold
on the premises.
The science and practice of the cultivation of the soil.
Any area of land or water which is used or intended for use
for the landing and taking off of aircraft, and any appurtenant areas
which are used or intended for use for airport buildings or other
airport facilities or rights-of-way, including all necessary taxiways,
aircraft storage and tie-down areas, hangars, and other necessary
buildings and open spaces.
A public or private right-of-way primarily designed to serve
as secondary access to abutting properties.
A man-made body of water utilized for recreational or conservational
purposes.
The vertical cross-sectional space created within and/or
bounded by the roof structure and the floor/ceiling line of the story
below. This cross-sectional space will have no exterior wall planes
extending above the attic floor to the underside of the roof structure
except as necessary to enclose the ends of a gable or gambrel roof.
[Added 1-15-2013]
Any premises on which more than one automotive vehicle, not
in running or operating condition, is stored in the open.
That portion of any structure located below the first floor
or ground floor with its entire floor below grade.[2]
[Amended 1-15-2013]
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad right-of-way, shorelines
of waterways or municipal boundary lines.
A building or premises, other than a hotel, containing lodging
rooms accommodating for compensation, four or more persons not of
the keeper's family. Lodging may be provided with or without meals.
Any structure built, used, designed, or intended for the
support, shelter, protection, or enclosure of persons, animals, chattels,
or property of any kind, and which is permanently affixed to the land.
When a building is divided into separate parts by unpierced fire or
party walls extending continuously from the ground through all stories
to and above the roof, each part shall be deemed a separate building.
One which is joined to another dwelling at one or more sides
by a party wall or walls.
One which is entirely surrounded by open space on the same
lot.
The vertical distance measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of a ceiling in the case of a flat roof, to the deck line of
a mansard roof and to the average height between the eaves and the
ridge of a gable, hip, or gambrel roof.
A line located a stated distance from and parallel with a
lot line or street right-of-way, including the nearest point to which
a lot line or center line of a building may be erected.
Any building not designed to be permanently located in the
place where it is, or where it is intended to be placed or affixed.
Manufactured homes used as residences shall not be classified as temporary
buildings. They are further defined in the definition of "manufactured
home."
A tract or parcel of land on which space is provided for
camping. Includes day and overnight camping.
A roof-like structure projecting from a wall and supported
in whole or in part by vertical supports from the ground and erected
primarily to provide shelter from the weather.
The maximum number of persons that can avail themselves of the services (or goods) of such establishment at any one time, with reasonable safety and comfort, as determined by Chapter 121, Building Construction, or as may be determined by the Zoning Administrator/Building Inspector.
An organization of specializing physicians or dentists, or
both, who have their offices in a common building. A clinic shall
not include in-patient care.
An association of persons for some common purpose, but not
including groups organized primarily to render a service which is
customarily carried on as a business. All organizations shall be recognized
clubs or fraternities.
An agriculture enterprise where livestock is purchased and
raised and then sold to a buyer, feedlot, or slaughterhouse.
A place where three or more unrelated adults reside, in which
care, treatment, or services above the level of room and board, but
not including nursing care, are provided to persons residing in the
facility as a primary function of the facility and licensed by the
Department of Health and Social Services under § 50.01,
Wisconsin Statutes.
The adopted Comprehensive Plan of the Village of Hobart (including
any future amendments) that identifies where growth should occur,
makes recommendations for future development in the Village through
the use of text, tables, and maps, and includes a mechanism for the
review and update of the plan on a regular basis.
[Added 1-6-2015 by Ord.
No. 01-2015]
A yard extending along a side lot line from front yard to
rear yard when said side lot line is parallel with a street right-of-way
line.
A dwelling unit which is provided, with or without monetary
compensation, by a business, company or corporation, including a nonprofit
corporation, to paying or nonpaying guests (including but not limited
to agents, customers, clients, consultants, employees, directors,
executives or shareholders of the business, company or corporation)
for a period of less than 28 consecutive calendar days.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A licensed establishment for the care and supervision of
nine or more children under seven years old for more than four and
less than 24 hours a day for more than 10 days a month.
A licensed establishment for the care and supervision of
one to eight children under seven years old for more than four and
less than 24 hours a day for more than 10 days a month.
A communal-type living arrangement of four or more persons
not related by blood, adoption, or marriage who share common kitchen,
bath or rest room facilities. This definition includes, but is not
limited to, shelter facilities, educational facility housing, rooming
houses, boarding or lodging houses, community living arrangements,
community-based residential facilities, seminary or similar institution.
[Amended 1-6-2015 by Ord.
No. 01-2015]
An establishment with street access, which provides no interior
seating or service; or an establishment which allows for interior
seating or service, but the majority of its business is conducted
in the following manner:
A building, or portion thereof, excluding a manufactured
home, hotel, motel, boardinghouses, and trailers designed or used
exclusively for residential occupancy.
One or more rooms which are arranged, designed or used as
living quarters for one family only. Individual bathrooms and complete
kitchen facilities, permanently installed, shall always be included
for each "dwelling unit."
A building, or portion thereof, containing three or more
dwelling units, each occupied exclusively by one family with the intent
to use the structure as the principal place of abode.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A building designed for and occupied exclusively by one family
with the intent to use the structure as the principal place of abode.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A building designed for and occupied exclusively by two families
with the intent to use the structure as the principal place of abode.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A vegetated, elongated earthen mound used as a sound, sight
and/or landscape barrier.[3]
A place of business carrying out operations, the ownership
and management of which are separate and distinct from those of any
other place of business located on the same zoning lot.
One or more persons, related by blood, adoption, domestic
partnership, foster or ward relationship or marriage, living together
in one dwelling unit as a single housekeeping unit, or up to five
persons living and cooking together as a single housekeeping unit
when not so related, provided that the number limitation of this provision
shall not apply to the number of unrelated individuals authorized
to reside in a community living arrangement consistent with § 62.23(7)(i),
Wis. Stats.
[Amended 1-6-2015 by Ord.
No. 01-2015]
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry, and dairy products.
A body of water utilized for the farm operation.
A barrier made of wood, iron, stone or other inorganic material.
(For determining off-street parking and loading requirements.)
The sum of the gross horizontal areas of the several floors of the
building or portion thereof, devoted to such use, including accessory
storage areas, located within selling or working space, such as counters,
racks or closets, and any basement floor area devoted to retailing
activities to the production or processing of goods, or to business
or professional offices. However, "floor area," for the purposes of
measurement for off-street parking spaces, shall not include: floor
area devoted primarily to storage purposes (except as otherwise noted
herein); floor area devoted to off-street parking or loading facilities,
including aisles, ramps, and maneuvering space; or basement floor
area other than area devoted to retailing activities, to the production
or processing of goods, or to business or professional offices.
The length of all the property fronting on one side of a
street between two nearest intersecting streets, measured along the
line of the street, or if dead-ended, then all property abutting on
one side between an intersecting street and the dead-end of the street.
The length of all the property of such zoning lot fronting
on a street, measured between side lot lines.
Agricultural operation, where the major income is derived
from the selling or sale of fur-bearing animals and/or pelts.
An accessory to the main building, which provides for the
storage of motor vehicles and in which no occupation, business, or
service for profit is carried on.
Any building or premises, other than a private garage, where
motor-driven vehicles are equipped, repaired, serviced, hired, sold,
or stored.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
The sum of the gross horizontal areas of the several floors
of a building or buildings measured from the exterior faces of exterior
walls or from the center line of party walls separating two buildings.
That level of a building or structure below the first floor,
located on a site with a sloping or multilevel grade and which has
a portion of its floor at grade and a portion of its floor below grade.
[Added 1-15-2013]
Community living arrangements for the care and maintenance
of five to eight children under 18 years of age, which are licensed
child welfare agencies, as set forth in Wisconsin State Statutes § 48.02(7).
[Amended 1-6-2015 by Ord.
No. 01-2015]
A driveway or parking lot surfaced with concrete, bituminous
paving or other approved impervious surface.
Institutions or organizations which provide specialized inpatient
or outpatient medical and dental care.
A dense row of shrubs, etc., forming a boundary, fence, or
barrier.
An occupation or profession carried on by a resident of the
principal structure, provided all of the following are met:[4]
There is no sign or display that will indicate from the exterior
that the building is being utilized in whole or in part for any purpose
other than that of a dwelling;
There is no commodity sold upon the premises;
No person is employed on site other than a member of the immediate
family residing on the premises;
No mechanical or electrical equipment is used, except such as
is permissible for purely domestic or household purposes;
No accessory building shall be used for such home occupation;
Exterior alterations or modifications that change the residential
character or appearance of the dwelling, accessory structures or the
property itself are prohibited;
There shall be no noise, vibration, glare, fumes, odor, electrical
interference, or other such condition created by the home occupation
that has any observable impact upon any location outside the principal
structure where the home occupation is conducted.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with or without cooking facilities in any individual
room or apartment.
A special or exclusive type of planned industrial area designed
and equipped to accommodate a community of industries, providing them
with all necessary facilities and services in attractive surroundings
among compatible neighbors. Industrial parks may be promoted or sponsored
by private developers, community organizations, or government organizations.
An area where waste or scrap 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 "junk" or "salvage" yard includes an auto wrecking
yard, but does not include uses established entirely within enclosed
buildings.
A lot or building in which three or more dogs or four or
more cats or other animals at least two months of age are kept commercially
for board and/or propagation, training or sales, or other uses, all
of which are conducted on the property itself.
Materials used to make a plot of ground more attractive and/or
stable these materials may include, but are not limited to, trees,
grasses, ground cover, vines, flowers, earthen berms, earth stabilization
materials, rocks and stones, and wood chips.
A parcel of land having a width and depth sufficient to provide
the space necessary for one principal building and its accessory building,
together with the open spaces required by this chapter and abutting
on a public street.
The area of a horizontal plane bounded by the front, side,
and rear lot lines, but not including any area occupied by the waters
of a duly recorded lake or river and/or public right-of-way.
A lot located at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
The mean horizontal distance between the front lot line and
the rear lot line of a lot measured within the lot boundaries. (See
diagram in Illustrations on file in the office of the Village Clerk-Treasurer.)
The average of the finished lot elevation upon completion
of construction and landscaping between the street right-of-way line
and a perpendicular point on the front yard setback line.
A lot other than a corner or reversed corner lot. (See diagram
in Illustrations on file in the office of the Village Clerk-Treasurer.)
That boundary of a lot which is along an existing or dedicated
public street, or where no public street exists along a public way.
That boundary of a lot which is most distant from and is,
or is most nearly, parallel to 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 plat of which has
been recorded in the Office of the register of Deeds of Brown County;
or a parcel of land, the deed to which was recorded in the Office
of said Register of Deeds prior to the adoption of this chapter, and
certified survey maps approved and recorded in the Register of Deeds'
Office of Brown County.
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 diagram in Illustrations on file in the office of the Village
Clerk-Treasurer.)
A lot having a pair of opposite lot lines along two more
or less parallel public streets, and which is not a corner lot. (See
diagram in Illustrations on file in the office of the Village Clerk-Treasurer.)
On a "through lot," both street lines shall be deemed front lot lines.
The horizontal distance between the side lot lines of a lot,
measured at the narrowest width within the first 30 feet of lot depth
immediately in back of the front yard setback line. (See diagram in
Illustrations on file in the office of the Village Clerk-Treasurer.)
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used for long-term
residential use when connected to required utilities.
A contiguous parcel of land containing two or more manufactured
homes.[5]
A business consisting of a building or group of buildings
of varying sizes of individual compartmentalized and controlled access
stalls, spaces or lockers which are rented to individuals for the
storage of personal property.[6]
Establishment consisting of a group of attached or detached
living or sleeping accommodations with bathroom and closet space,
located on a single zoning lot and designed for use by transient guests;
and where there is no permanent occupancy of any unit, except by the
owner, his agent or his employees.
A self-propelled device used or intended to be used for the
transportation of freight or passengers upon a street or highway.
A dwelling or other building that existed lawfully before
the current zoning ordinance was enacted or amended, but that does
not conform with one or more of the development regulations in the
current zoning ordinance.[7]
Any use of land, buildings, or structures, lawful at the
time of the enactment of this chapter, 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.
A graded and surfaced area of not less than 180 square feet
in area either enclosed or open for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley, exclusive
of passageways, driveways, or other means of circulation or access.[8]
A wall constructed between two attached units or rooms which
may or may not be separately owned.
A building in which dogs or cats are kept commercially for
boarding and/or grooming, all of which are conducted on the property
itself.
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 intended to permit diversification
and variation in the relationship of uses and structures and open
space for developments conceived and implemented as comprehensive
and unified projects. (See diagram in Illustrations on file in the
office of the Village Clerk-Treasurer.)
Land division created by the recording of a subdivision plat
or certified survey map as per the requirements of the Brown County
Subdivision and Platting Regulations.[9]
One which determines the predominant use as contrasted to
accessory use, building or structure.[10]
The office of a member of a recognized profession, including
the offices of ministers, architects, professional engineers, lawyers,
and such other similar professional occupation, including the office
of a charitable organization and including also an insurance or financial
institution which conducts its activities principally by mail.
The office of a member of a recognized health care professional
licensed by Wisconsin State Statute Chapters 441, 446 to 449.
A parcel of land used primarily for the extraction of limestone,
dolomite, slate, or other similar materials, including the mining
of nonmetallic minerals which is processed and sold or used for any
purpose off site. This does not include the extraction or grading
necessary for the development of a lot or parcel.
[Added 3-15-2022 by Ord. No. 2022-03]
A vehicle primarily used for leisure activities, including,
but not limited to, trailers, boats with or without trailers, all-terrain
vehicles and snowmobiles. For the purpose of this Code, "recreational
vehicles" do not include four-wheel drive cars or trucks and motorcycles.
Sale of commodities and services directly to customers when
such commodities and services are used or consumed by the customer
and not purchased primarily for purpose of resale.
A strip of land occupied or intended to be occupied for a
special use. Rights-of-way intended for streets, crosswalks, water
mains, sanitary sewers, storm drains or any other use involving maintenance
by a public agency shall be dedicated to public use by the maker of
the plat on which such right-of-way is established. The usage of the
term "right-of-way" for land platted purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to
be separate and distinct from the lot or parcels adjoining such right-of-way
and not included within the dimension or areas of such lots or parcels.
A structure not permanently fixed to the ground that is readily
removable in its entirety, covered or uncovered and not wholly enclosed,
and used solely for the sale of farm products produced on the premises.
No such roadside stand shall be more than 300 square feet in ground
area and limited to 10 feet maximum height.
Road predominantly employing ditches for stormwater conveyance.
[Added 1-6-2015 by Ord.
No. 01-2015]
A parcel of land used primarily for the extraction of sand,
gravel, clay, silt, loam, muck, dirt, soil, and similar materials
which are processed and sold or used for any purpose off site. This
does not include the extraction or grading necessary for the development
of a lot or parcel.
[Added 3-15-2022 by Ord. No. 2022-03]
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include, but not
be limited to what are commonly referred to as "satellite earth stations,"
"TVROs," and "satellite microwave antennas."
The minimum horizontal area between the front, side and/or
rear line of the building or use, including porches, and the lot lines,
or street right-of-way lines.
Lines established adjacent to lot lines or street right-of-way
lines for the purpose of defining limits within which any or certain
buildings, structures, or uses may not be constructed, maintained
or carried on, except as shown herein.
The minimum horizontal distance between the side line of
the building or use that runs perpendicular to the fronting street,
and the side right-of-way line perpendicular to the fronting street.
The minimum horizontal distance between the front line of
the building or use and the street right-of-way line.
The minimum horizontal distance between the back line of
the building or use, and the rear lot lines.
The minimum horizontal distance between the side line of
the building or use, and the side lot lines; unless the side line
of the building or use is parallel to a street, whereas it shall be
a corner side yard setback.
A temporary place of lodging for temporarily displaced individuals
or families or other reasons.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A name, identification, description, display, or illustration
which is affixed to, or represented directly or indirectly upon, a
building, structure, or piece of land, and which directs attention
to an object, product, place, activity, person, institution, organization,
or business. However, a "sign" shall not include any display of official
court or public office notices nor shall it include the flag, emblem,
or insignia of a nation, political unit, school, or religious group.
A "sign" shall not include a sign located completely within an enclosed
building, unless the content shall so indicate. (See diagram in Illustrations
on file in the office of the Village Clerk-Treasurer.)
A sign which directs attention to a business, commodity,
service or entertainment not exclusively related to the premises where
such sign is located or to which it is affixed. (See diagram in Illustrations
on file in the office of the Village Clerk-Treasurer.)
A sign which directs attention to a business or profession
conducted, or to a commodity, service or entertainment sold or offered,
upon the premises where such sign is located or to which it is affixed.
(See diagram in Illustrations on file in the office of the Village
Clerk-Treasurer.)
An agricultural operation, usually non-dairying in nature,
where livestock is raised to the required age or weight for slaughterhouse
purposes or for sale to commercial feedlots.
Individual unit, cold storage only, and no business to be
run out of unit.
That part of a building between any floor at or above grade
and the floor next above, and if there be no floor above, then the
ceiling above. A story shall not include a basement or a ground floor
as defined in this chapter.
[Amended 1-15-2013]
A public or private right-of-way which affords a primary
means of vehicular access to abutting property, whether designated
as a street, avenue, highway, road, boulevard, lane, throughway, or
however otherwise designated, but does not include driveways to buildings.
Any change, other than incidental repairs which would prolong
the life of the supporting members of a building, such as the addition,
removal, or alteration of bearing walls, columns, beams, girders,
or foundations.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attached to something having
permanent location on the ground.
A person who is entitled to occupancy at any transient residential
use.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A dwelling unit in which the owner's paying guests or a corporate
retreat's guests are entitled to occupancy for a period of less than
28 consecutive calendar days.
[Amended 1-6-2015 by Ord.
No. 01-2015]
A dwelling for a single family.
Road predominantly employing curb and gutter to convey stormwater
to a system of underground pipes for stormwater conveyance.
[Added 1-6-2015 by Ord.
No. 01-2015]
A use, either public or private, which, because of its unique
characteristics, cannot be properly classified as a permitted use
in a particular district or districts. After due consideration, in
each case of the impact of such use upon neighboring land, and of
the public need for the particular use of the particular location,
such "conditional use" may or may not be granted, subject to the terms
of this chapter.
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations,
and standards of such district.
The main use of land or buildings as distinguished from a
subordinate or accessory use. A "principal use" may be "permitted,"
"conditional" or "nonconforming."
An uninhabited, subordinate structure, not exceeding 150
square feet in area, attached or detached to the principal structure,
the use of which is incidental to and customary in conjunction with
the principal use of the structure (e.g., tool houses, sheds and other
similar buildings used for the storage of common household supplies,
equipment and vehicles).[11]
A departure from the terms of this chapter as applied to
a specific building, structure, or parcel of land which the Board
of Appeals may permit when the Board finds that a literal enforcement
of the provisions of this chapter will result in practical difficulty
or unnecessary hardship, owing to circumstances unique to the individual
property on which the variance is sought, or a literal application
of such regulation will effect a limitation on the use of the property
which does not generally apply to other properties in the same district,
and for which there is not compensating gain to the public health,
safety and welfare. In no case shall a variance be granted to permit
any use not permitted in a particular zone.
The Village of Hobart.
The governing body of the Village of Hobart.
The Administrator appointed by the Village Board to administer
and enforce the provisions of this chapter.
The vision corner is formed by measuring 30 feet along each
property line from the corner where the two street sides of the property
meet. Connecting these two lines with a diagonal line completes the
triangle and forms the vision corner. (See Corner Vision Triangle
diagram in Illustrations on file in the office of the Village Clerk-Treasurer.)[12]
A large building in which goods, raw materials or commodities
are stored or sold as wholesale.
An open space on the same lot with a building or structure,
unoccupied and unobstructed from the ground upward, except for vegetation.
A "yard" extends along a lot line, and to a depth or width specified
in the yard requirements for the zone the lot is located in. (See
diagram in Illustrations on file in the office of the Village Clerk-Treasurer.)
A side yard which adjoins a public street. (See diagram in
Illustrations on file in the office of the Village Clerk-Treasurer.)
A yard extending along the full length of the front lot line
between the side lot lines. (See diagram in Illustrations on file
in the office of the Village Clerk-Treasurer.)
A side yard which is located immediately adjacent to another
zoning lot or to an alley separating such side yard from another zoning
lot. (See diagram in Illustrations on file in the office of the Village
Clerk-Treasurer.)
A yard extending along the full length of the rear lot line
between the side lot lines. (See diagram in Illustrations on file
in the office of the Village Clerk-Treasurer.)
Divisions of the Village, each area being accurately defined
to boundaries and locations on the Official Zoning Map and in the
Zoning Ordinance, for which the regulations and requirements governing
use, lot, and bulk of buildings and premises are uniform.
An area within a single tract of land, under single ownership
having a specific zoning district. A zoning lot may, therefore, not
coincide with the lot of record and may be located on a parcel of
land with two or more zoning districts.
[2]
Editor’s Note: the former definition of “bed-and-breakfast
establishment,” which immediately followed, was repealed 1-2-2019
by Ord. No. 2018-20.
[3]
Editor's Note: The original definition of "establishment,"
which immediately followed this definition, was repealed 1-6-2015
by Ord. No. 01-2015.
