[Prior code § 17.0101]
The ordinance codified in this title is adopted under the authority
granted by Section 61.35 and 62.23(7) of the Wisconsin Statutes and
amendments thereto. The Village Board does ordain the following provisions.
[Prior code § 17.0102]
This title shall be known as, referred to, and cited as the
"Zoning Ordinance, Village of Darien, Wisconsin" and is hereinafter
referred to as "this title."
[Prior code § 17.0103]
A.
The overall purpose of this title is to implement the Village comprehensive
master plan to the extent possible under zoning, as authorized by
state of Wisconsin Statutes.
B.
This title is designed to lessen congestion in the streets; to secure
safety from fire, panic and other dangers; to promote health and the
general welfare; to provide adequate light and air, including access
to sunlight for solar collectors and to wind for wind energy systems;
to encourage the protection of groundwater resources; to prevent the
overcrowding of land; to avoid undue concentration of population;
and to facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and to preserve
burial sites as defined in Sec. 157.70(1), Wis. Stats.
C.
Specifically, this title is adopted for the purpose of protecting
the public health, safety, morals, comfort, convenience and general
welfare by implementing certain goals and objectives of the comprehensive
master plan. Additional purposes of this title are specified throughout
this title.
[Prior code § 17.0104]
In enacting this title, special attention has been given to
ensuring a direct relationship of these regulations to the Village's
comprehensive master plan. The general intent of this title is to
implement certain goals and objectives of the comprehensive master
plan which are best addressed through zoning approaches, as enabled
by state of Wisconsin Statutes. Furthermore, it is the general intent
of this title to regulate and restrict the use of all structures,
lands and waters; and to:
A.
Regulate lot coverage and the size and location of all structures
so as to prevent overcrowding and to provide adequate sunlight, air,
sanitation, and drainage;
B.
Regulate population density and distribution so as to avoid sprawl
or undue concentration and to facilitate the provision of adequate
public service and utilities;
C.
Regulate parking, loading and access so as to lessen congestion in
and promote the safety and efficiency of streets and highways;
D.
Secure safety from fire, flooding, pollution, contamination, and
other dangers;
E.
Stabilize and protect existing and potential property values;
F.
Preserve and protect the beauty of the Village;
G.
Prevent and control erosion, sedimentation and other pollution of
the surface and subsurface waters;
H.
Further the maintenance of safe and healthful water conditions;
I.
Provide for and protect a variety of suitable commercial and industrial
sites;
J.
Protect the traffic-carrying capacity of existing and proposed arterial
streets and highways;
K.
Implement those municipal, county, watershed and regional comprehensive
plans or components of such plans adopted by the Village;
L.
Provide for the administration and enforcement of this title; and
to provide penalties for the violations of this title.
[Prior code § 17.0105]
It is not intended by this title to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, ordinances, rules, regulations or permits
previously adopted or issued pursuant to law. However, wherever this
title imposes greater restrictions, the provisions of this title shall
govern.
[Prior code § 17.0106]
In their interpretation and application, the provisions of this
title 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.
[Prior code § 17.1300]
The following words, terms and phrases, wherever they occur
in this title, shall have the meanings ascribed to them by this section.
Definitions provided by this section include:
Having a common border with, or being separated from such
common border by an alley or easement.
A means of vehicular approach, i.e., entry to or exit from
a property, street or highway.
A means of vehicular or nonvehicular approach, entry to,
or exit from property from a source other than a public street or
highway.
See Section 17.66.020.
Forty-three thousand five hundred sixty square feet.
A use or structure subordinate to, and serving, the principal
use or structure on the same lot and customarily incidental thereto.
See Section 17.10.020.
An area which is typified by a concentration of nonresidential
and/or multifamily development.
Any walled and roofed expansion to the perimeter and/or height
of a building in which the addition is connected by a common load-bearing
wall. Any walled and roofed addition which is connected by a fire
wall or is separated by independent perimeter load-bearing walls is
new construction.
Abutting, or being located directly across a right-of-way
from, a separate lot.
See Chapter 17.08.
See Chapter 17.32.
See Section 17.08.020.
See Section 17.66.100.
See Section 17.16.020.
A public right-of-way usually of reduced width which affords
a secondary means of access to abutting property.
See Section 17.1102.
See Section 17.72.030.
A measure which represents a common denominator for the purposed
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the carrying capacity of one acre of land
and is related to the amount of feed various species consume, and
the amount of waste they produce. The following table indicates the
number of common farm species which comprise a single animal unit:
|
Animal Unit Table
| |
|---|---|
|
Type of Livestock
|
Number of Animals per Animal Unit
|
|
Horse (> 2 yrs)
|
1.0
|
|
Colt (< 2 yrs)
|
2.0
|
|
Cattle (> 2 yrs)
|
1.0
|
|
Cattle (> 2 yrs)
|
2.0
|
|
Calves (< 1 yr)
|
4.0
|
|
Brood sow or boar
|
2.5
|
|
Hogs (up to 220 pounds)
|
5.0
|
|
Sheep
|
7.0
|
|
Lambs
|
14.0
|
|
Chickens
|
200.0
|
|
Other
|
200.0
|
|
Source: The Stockman's Handbook
| |
This dwelling unit type consists of an attached, multifamily
residence which takes access from a shared entrance or hallway. A
minimum one-hour fire rated wall assembly division, separating living
areas from the lowest level to the underside of the roof, is required
between each dwelling unit. No more than 12 dwelling units, and no
less than three, may be located in a building. As part of the conditional
use requirements for group developments, any development comprised
of one or more buildings which contain four or more dwelling units
shall provide additional site design features such as: underground
parking, architectural elements, landscaping, and/or on-site recreational
facilities. All apartment units within a development shall be located
a minimum of 30 feet from the boundary of the development.
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this title as expressly authorized by the provisions of Chapter 17.72.
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
The flood having a one-percent chance of being equaled or
exceeded in any given year; the one-hundred-year flood.
A portion of a building located partly underground, but having
1/2 or less of its floor to ceiling height below the average grade
of the adjoining ground.
See Section 17.12.120.
A room in a residence marketed designed or otherwise likely
to function primarily for sleeping.
A variance which is automatically granted by a provision
of this title in order to reduce the creation of legal nonconforming
developments or legal nonconforming residential structures.
See Section 17.74.040.
See Section 17.12.150.
Any permitted combination of distance, vegetation, fencing
and berming which results in a reduction of visual and other interaction
with an adjoining property.
A structure built, maintained, or intended for use for the
shelter or enclosure of persons, animals, or property of any kind.
The term is inclusive of any part thereof. Where independent units
with separate entrances are divided by party walls, each unit is a
building.
A building which:
Is subordinate to and serves a principal structure or a principal
use;
Is subordinate in area, extend, and purpose to the principal
structure or use served;
Is located on the same lot as the principal structure or use
served except as otherwise expressly authorized by provisions of this
title; and
Is customarily incidental to the principal structure or use.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.
That exterior wall of a building which faces the front lot
line of the lot.
The vertical distance from: (1) the average elevation of
the adjoining ground level; or (2) the established grade, whichever
is lower to the top of the cornice of a flat roof, to the deck line
of a mansard roof, to a point of the roof directly above the highest
wall of a shed roof, to the uppermost point on a round or other arch
type roof, to the mean distance of the highest gable on a pitched
or hip roof. Also applies to structures.
A line on a lot, generally parallel to a lot line or road
right-of-way line, located a sufficient distance therefrom to provide
the minimum yards required by this title. The building line determines
the area in which buildings are permitted subject to all applicable
provisions of this title. This is also referred to as a "setback."
A component of a group development which conforms to the
lot lines of developments which are not group developments, in that
required minimum setback distances are measured from the building
envelope line.
A building in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
The narrowest distance between two buildings. See "Minimum
building separation."
The total gross floor area of a building. See "Maximum building
size."
The combination of building height, size, and location on
a lot.
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
of Natural Resources pursuant to Section 30.11, Wisconsin Statutes,
and which allows limited filling between this bulkhead line and the
original ordinary highwater mark, except where such filling is prohibited
by the floodway provisions of this title.
See Section 17.20.050.
A measurement of the size of a tree equal to the diameter
of its trunk measurement 1/2 foot above natural grade. Used for trees
in a nursery setting.
See Section 17.12.140.
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source, or luminaire.
A dwelling unit which is used exclusively by either the owner,
manager, or operator of a principal permitted use and which is located
on the same parcel as the principal use.
An open sided, roofed vehicle shelter, usually formed by extension of the roof from the side of a building. See Section 17.20.040.
That portion of the building having more than 1/2 of the
floor-to-ceiling height below the average grade of the adjoining ground.
See Chapter 17.48.
See Section 17.72.070.
See Section 17.08.070.
A window in which the lowest glassed area is a minimum of
seven feet above the level of the floor located directly under the
window.
A tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include hickory, oak, maple, etc. See Section 17.68.100.
See Section 17.12.100.
See Section 17.20.020.
See Section 17.12.110.
See Chapter 17.12.
Any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a
business or institution or a principal product or service of a business
or institution. Agricultural equipment used as part of a permitted
agricultural principal use shall not be considered as a commercial
vehicle.
See Section 17.18.030.
The impression which an area makes in regard to the type,
intensity, density, quality, appearance, and age of development.
See Section 17.20.060.
See Section 17.14.060.
The comprehensive master plan of the Village of Darien. Wisconsin,
adopted December 1981, and as subsequently amended.
A land use which requires a conditional use permit in order to develop. See Section 17.72.040 for applicable procedures.
See Section 17.66.180.
The installation of foundation footings and/or materials
for road construction.
See Section 17.06.010.
See Section 17.08.010.
See "Family day care home," "Intermediate day care home,"
or "Group day care center."
A structure that has no roof or walls. Can be attached or
detached to the principle structure. If attached, it is required to
have main supports and continuous footings below grade by 48 inches
and must be raised above grade and must comply with the principle
setback requirements. If detached, shall be an accessory structure.
The transfer of property interest from private to public
ownership for a public purpose. The transfer may be of fee-simple
interest or of a less than fee-simple interest, including an easement.
A term used to describe the number of dwelling units per
acre.
The legal or beneficial owner(s) of a lot or parcel of any
land proposed for inclusion in a development, including an optionee
or contract purchaser.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; any use or change in
use of any buildings or land; any extension of any use of land; or
any clearing, grading, or other movement of land, for which permission
may be required pursuant to this title.
The type of residential or nonresidential development as
categorized by the proportion of the site devoted to permanently protected
green space.
The area of a lot within a large lot residential development
which is devoted to structures and septic systems.
A condition of immediate physical connection resulting from
adjacency of a road or right-of-way abutting a property.
See Chapter 17.14.
See Section 17.16.040.
The removal of surface water or groundwater from land by
drains, grading, or other means. Drainage includes the control of
runoff, to minimize erosion and sedimentation during and after development,
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
Nonnavigable, above-ground watercourses, detention basins
and/or their environs which are identified by the presence of one
or more of the following: (a) all areas within 75 feet of the ordinary
high water mark of a perennial stream as shown on USGS 7.5 minute
topographic maps for the Village and its environs; (b) all areas within
50 feet of the ordinary high water mark of an intermittent stream
or open channel drainageway as shown on USGS 7.5 minute topographic
maps for the Village and its environs.
See Section 17.66.170.
Outer perimeter edge of a tree canopy as transferred perpendicularly
to ground level.
See Section 17.12.090.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
These dwelling unit types consist of a single-family dwelling
which is attached on one side to another single-family residence,
A minimum one-hour fire rated wall assembly division, separating living
areas from the lowest level to flush against the underside of the
roof, and individual sanitary sewer and public water laterals, are
required between each dwelling unit. The two residences may or may
not be located on individual lots. The twin house is distinguished
from the duplex house merely by having each unit located on an individual
lot or within a group development. These dwelling unit types may not
be split into additional residences.
A residential building or one or more portions thereof occupied
or intended to be occupied exclusively for residence purpose, but
not including habitations provided in nonresidential uses such as
lodging uses and commercial campgrounds.
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
A dwelling which is entirely surrounded by open space on
the same lot.
See "Single-family detached dwelling unit."
A room or group of rooms, providing or intended to provide
living quarters for not more than one family.
The narrowest distance between two dwelling units. See "Minimum
dwelling unit separation."
Authorization by a property owner for another party to use
for a specified purpose any designated part of his or her property.
See Section 17.66.120.
A nonbasement building built to have its lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings columns (post and piers), shear walls, or breakaway
walls.
Any fill, structure, building, use, or development in the
floodway.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce, or aid in the prevention, measurement,
control or monitoring of noise, air, or water pollutants, solid waste
or thermal pollution, radiation or other pollutants, including facilities
installed principally to supplement or to replace existing property
or equipment not meeting or allegedly not meeting acceptable pollution
control standards or which are to be supplemented or replaced by other
pollution control facilities.
The area in which the Village exercises extraterritorial
powers.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
Facilities that are:
Owned or maintained by public utility companies or public agencies;
Located in public ways or in easements provided for the purpose,
or on a customer's premises and not requiring a private right-of-way;
Reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communication, or similar services to adjacent customers;
and
Not including any cross-country line on towers.
See Section 17.66.140.
See Section 17.18.040.
The area outside of the Village limits in which the Village
exercises extraterritorial powers of land division, and/or zoning,
review.
An individual or two or more persons, each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household. Family day care home (land use): See Section 17.20.120.
See Section 17.20.030.
See Section 17.74.050.
See Section 17.66.200.
See Section 17.66.140.
The top surface above an unfinished basement, cellar or crawl
space that is intended for living quarters.
The sum of the gross horizontal areas of the several floors
of a building including interior balconies, mezzanines, basements
and attached accessory buildings, fitting rooms, stairs, escalators,
unenclosed porches, detached accessory buildings utilized as dead
storage, heating and utility rooms, inside off-street parking or loading
space. Measurements shall be made from the inside of the exterior
walls and to the center of interior walls.
The ratio calculated by dividing the total floor area of
all buildings on a site by the gross site area. See "Maximum floor
area ratio."
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
Represents a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
may include, but are not limited to, ice jams, debris accumulation,
wave action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development and the sedimentation of a river or stream
bed.
See Section 17.16.030.
A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of 10,000 pounds. See Section 17.20.040.
See "In-vehicle sales or service."
A graphic representation of the anticipated utilization of
the floor area within a building or structure, but not necessarily
as detailed as construction plans.
See Section 17.22.010.
The brightness of a light source which causes eye discomfort.
See Section 17.66.130.
The percentage of the gross site area which is preserved
as permanently protected green space. Green space ratio is calculated
by dividing the area of permanently protected green space by the gross
site area. See "Minimum green space ratio."
The result of dividing the number of dwelling units located
on a site by the gross site area. See "Maximum gross density."
The total floor area of a building.
The total area of a site available for inclusion in calculations
of the maximum permitted density or intensity of development.
See Section 17.12.130.
See Chapter 17.28.
Any building, or portion thereof used for human habitation.
See Section 17.66.130.
Publication or posting meeting the requirements of Chapter
985, Wis. Stats. Class 1 notice is the minimum required for appeals:
Published once at least one week (seven days) before hearing. Class
2 notice is the minimum required for all zoning ordinances and amendments
including map amendments: published twice, once each week consecutively,
the last at least a week (seven days) before the hearing. Local ordinances
or bylaws may require additional notice, exceeding these minimums.
See "Building height."
See Section 17.16.020.
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
A zoning district designed to limit development potential
until adequate public services and infrastructure are provided.
See Section 17.20.110.
See Section 17.08.020.
A calculated upward rise in the regional flood elevation,
equal or greater than 0.01 foot, resulting in comparison of existing
conditions and proposed conditions which is directly attributable
to manipulation of mathematical variables such as roughness factors,
expansion and contraction coefficients and discharge.
See Section 17.12.080.
See Section 17.10.030.
See Section 17.12.050.
See Section 17.12.030.
See Section 17.20.100.
See Section 17.12.030.
See Section 17.14.010.
See Section 17.14.010.
See Chapter 17.18.
Development located in areas which are largely developed
already.
See Chapter 17.08.
See Section 17.06.020.
This dwelling unit type consists of an attached, multifamily
residence which takes access from a shared entrance or hallway. All
institutional residential units within a development shall be located
a minimum of 30 feet from the boundary of the development.
A term used to describe the amount of gross floor area or
landscaped area, on a lot or site, compared to the gross area of the
lot or site.
See Section 17.08.030.
See Section 17.20.130.
See Section 17.72.090 for application procedures.
See Section 17.12.070.
See Section 17.12.080.
See Section 17.20.080.
See Section 17.14.040.
Those lands lying within the following distances from the
ordinary high water mark of navigable waters: 1,000 feet from a lake,
pond, or flowage; and 300 feet from a river or stream; or to a landward
side of the floodplain, whichever distance is the greater. Lakeshores
shall not include those lands adjacent to farm drainage ditches where:
(a) such lands are not adjacent to a navigable stream or river; (b)
those parts of such drainage ditches adjacent to such lands were not
navigable streams before ditching or had no previous stream history;
and (c) such lands are maintained in nonstructural agricultural use.
See Section 17.68.030.
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced groundcovers, shrubs, bushes, and trees. Landscaped
area includes the area located within planted and continually maintained
landscaped planters.
The percentage of the gross site area or lot area which is
preserved as permanently protected landscaped area.
The type of development and/or activity occurring on a piece
of property.
See Section 17.18.010.
See Section 17.20.100.
See Section 17.66.070.
See Section 17.66.050.
A road which primarily serves to collect traffic originating
directly from residential driveways and private residential courts
and streets.
A parcel of land that: (a) is undivided by any street or
private road; (b) is occupied by, or designated to be developed for,
one building or principal use; and (c) contains the accessory buildings
or uses customarily incidental to such building, use, or development,
including such open spaces and yards as designed and arranged or required
by this title for such building, use, or development.
The area contained within the property boundaries of a recorded
lot.
A lot situated at the junction of and abutting on two or
more intersection streets, or a lot at the point of deflection in
alignment of a continuous street, the interior angle of which does
not exceed 135°.
The mean horizontal distance between the front lot line and
the rear lot line of a lot.
Lot width measured at the street lot line. When a lot has
more than one street lot line, lot width shall be measured, and the
minimum lot width required by this title shall be provided at each
such line.
A lot other than a corner lot.
The property line bounding a lot except that where any portion
of a lot extends into the public right-of-way or a proposed public
right-of-way, the line of such public right-of-way shall be the lot
line for applying this title.
A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street front-ages, the
lot line along the street from which the house is addressed shall
be the front lot line.
In the case of rectangular or most trapezoidal shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular, or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots which have
frontage on more than one road or street, the rear lot line shall
be opposite the lot line along which the lot takes access to a street.
Any boundary of a lot which is not a front lot line, a street
side lot line, or a rear lot line.
Any lot line which abuts a public or private street right-of-way
which is not the front lot line.
A platted lot or lot described in a certified survey map
or metes and bounds description which has been approved by the Village
or by Walworth County; and has been recorded in the office of the
register of deeds.
A lot which has a pair of opposite lot lines abutting two
substantially parallel streets (one or more of which may be a portion
of a cul-de-sac). Except for through lots which abut an arterial or
nonresidential collector street, through lots shall be prohibited
under the provisions of this title.
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot lines and at the rear
of the required front yard. See "Minimum lot width."
The lowest enclosed floor (including basement). Any unfinished
or flood resistant enclosure, usable solely for parking vehicles,
building access or storage, in an area other than a basement area,
is not considered a building's lowest floor, provided that such
enclosed area is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this title.
A guarantee of facilities or work to either ensure the correction
of any failures of any improvements required pursuant to this title
or to maintain same.
A plan, map, report, or other document pertaining to the
physical development of the Village which has been adopted by the
Village Plan Commission, as described in Wisconsin Statutes 62.23(2)
and (3).
The largest permitted area of all accessory buildings on
a lot.
The largest permitted area of all buildings on a lot.
The largest permitted total gross floor area a building may
contain. See "Building size."
The largest amount of floor area permitted on a lot. See
"Floor area ratio."
The maximum number of dwelling units permitted per acre of
gross site area. See "Gross density."
The maximum height of the highest portion of any structure.
See "Height."
See Section 17.20.140.
The narrowest permitted building separation. See "Building
separation."
The narrowest permitted dwelling unit separation. See "Dwelling
unit separation."
The lowest elevation permissible for the construction, erection,
or other placement of any floor, including a basement floor.
The lowest permitted landscape surface ratio. See "Landscape
surface ratio."
The minimum size lot permitted within the specified zoning
district and development option.
The smallest permissible lot width for the applicable dwelling
unit type or nonresidential development option.
The narrowest distance permitted from a street, side, or
rear property line to a structure.
The minimum gross site area in which the specified development
option may occur. See "Gross site area (GSA)."
See Section 17.14.030.
This dwelling unit type consists of a fully detached, single-family
residence, which has not received a Federal Manufactured Housing Certificate
and which is located on an individual lot or within a group development.
This dwelling unit type may not be split into two or more residences.
Within 30 days of occupancy, the owner shall remove the axle and install
skirting per the requirements of the Plan Commission.
See Section 17.06.040.
See Section 17.06.030.
See Sections 17.12.040.
See "Commercial indoor lodging."
See "Freight terminal."
This dwelling unit type consists of an attached, multifamily
residence which has a private, individual access. A minimum one-hour
fire rated wall assembly division, separating living areas from the
lowest level through the roof, is required between each dwelling unit.
No more than six and no less than three multiplex dwelling units may
be attached per group. All multiplex units within a development shall
be located a minimum of 30 feet from the boundary of the development.
See Chapter 17.42.
Zoning districts which primarily identify and regulate the
disturbance of areas containing protected natural resources.
All natural inland lakes within Wisconsin, and all rivers,
streams, ponds, sloughs, flowages, and other waters within the territorial
limits of this state, including the Wisconsin portion of boundary
waters, which are navigable under the laws of this state. The Wisconsin
Supreme Court has declared navigable all bodies of water with a bed
differentiated from adjacent uplands and with levels of flow sufficient
to support navigation by a recreational craft of the shallowest draft
on an annually recurring basis. [Muench v. Public Service Commission,
261 Wis. 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural
Resources, 70 Wis. 2d 936 (1975)] For the purposes of this title,
rivers and streams will be presumed to be navigable if they are designated
as either continuous or intermittent waterways on the United States
Geological Survey quadrangle maps until such time that the Wisconsin
Department of Natural Resources has made a determination that the
waterway is not, in fact, navigable.
See Chapter 17.44.
The area of a site which may be disturbed by development
activity. Net developable area is the result of subtracting required
resource protection area (RPA) from the gross site area (GSA).
See Section 17.66.090.
Any building, or other structure, which is lawfully existing
under provisions preceding this title, which would not conform to
the applicable regulations if the building or structure were to be
erected under the provisions of this title.
A lawful development approved under provisions preceding
the effective date of this title, which would not conform to the applicable
regulations if the development were to be created under the current
provisions of this title.
An active and actual use of land, buildings or structures
lawfully existing prior to this title which has continued as the same
use to the present and which does not comply with all the applicable
regulations of this title.
Material capable of causing injury to living organisms by
chemical reaction, or is capable of causing detrimental effects on
the physical or economic well-being of individuals.
See Section 17.66.150.
See Section 17.66.110.
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
See Section 17.12.010.
The map adopted by the Village Board which indicates the
existing and proposed location of streets, highways, parks, playgrounds,
roads, rights-of-way, waterways, public transit facilities and other
public facilities as authorized by State Statutes.
See Section 17.30.030.
See Section 17.16.010.
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
See Section 17.08.050.
The degree to which vision is blocked by bufferyard. Opacity
is the proportion of a bufferyard's vertical plane which obstructs
views into an adjoining property.
An unenclosed portion of a lot or lot of record where goods
are displayed for sale, rent or trade.
The point on the bank or shore of a body of water up to which
the presence and action of surface water is so continuous as to leave
a distinctive mark such as by erosion, destruction or prevention of
terrestrial vegetation, predominance of aquatic vegetation, or other
easily recognized characteristics.
Permanently protected green space areas which are not constrained
by one of the protected natural resources (wetlands, floodplains,
steep slopes, lake-shores, drainageways, and woodlands). Examples
include portions of private lots, outlots, or parcels commonly held
by a property owners' association which are deed restricted from
site disruption.
See Section 17.22.020.
See Section 17.12.090.
See Section 17.12.040.
See Section 17.20.070.
See Section 17.10.040.
See Section 17.12.060.
See Section 17.14.020.
See Section 17.14.020.
A zoning district which imposes uniform restrictions on all
properties within its area which are in addition to the restrictions
specific to the standard zoning districts.
The person or persons having the right of legal title to
a lot or parcel of land.
See "Development pad."
The area within the boundary lines of a lot.
See Section 17.66.040.
See Section 17.16.100.
See Section 17.18.030.
See Section 17.16.080.
See Section 17.10.010.
See Section 17.74.060.
A financial guarantee to ensure that all improvements, facilities,
or work required by this title will be completed in compliance with
the title, regulations and the approved plans and specifications of
a development.
Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings.
The distance between a structure and the boundary of a development
option.
An area in which site disruption and/or development is strictly
limited.
See Section 17.12.020.
See Section 17.14.030.
The Plan Commission of the Village of Darien. See also Section 17.74.030.
See "Building, principal."
Any and all of the primary uses of a property, treated as
a use permitted by right or as a conditional use (rather than as an
accessory use or a temporary use).
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the department of industry, labor, and human relations
including a substitute for the septic tank or soil absorption field,
a holding tank, a system serving more than one structure, or a system
located on a different parcel than the structure.
See Section 17.12.020.
Resources such as floodways, floodfringes, floodplain conservancy
areas, wetlands, drainageways, woodlands, steep slopes, and lakeshores,
which are protected by the provisions of this title.
Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs such as: streets, roads, alleys or pedestrian walks or paths,
storm sewers, flood control improvements, water supply and distribution
facilities, sanitary sewage disposal and treatment, public utility
and energy services.
See Section 17.10.050.
Includes the Village sewer system and other forms of sewer
systems approved by the State Department of Natural Resources and
maintained by a public agency authorized to operate such systems.
See "Lot of record."
The area of a site which may not be disturbed by development
activity and which must also be reserved as permanently protected
green space. Required resource protection area is the result of subtracting
the net developable area (NDA) from the gross site area (GSA).
A collector street serving primarily residential land uses
which primarily serves to connect local residential streets to collector
or arterial streets.
See Chapter 17.06.
A property located in a residential district.
A regulation imposed by this title is more (less) restrictive
than another if it prohibits or limits development to a greater (lesser)
extent or by means of more (less) detailed specifications.
See "Indoor commercial entertainment."
See "In-vehicle sales and service."
See Section 17.14.040.
Is a term used to describe the gross floor area, height,
or volume of a single structure or group of structures.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
See Section 17.08.060.
The shortest distance between a building's or structure's
exterior from the nearest point on the referenced lot line. See "Minimum
setback."
See Section 17.12.160.
See "Group development."
A low-lying deciduous or evergreen plant. See Section 17.68.110.
A dwelling designed for and occupied by not more than one
family and having no roof, wall, or floor in common with any other
dwelling unit. This dwelling unit type consists of a fully detached
single-family residence which is located on an individual lot or within
a group development. The dwelling unit must be a site built structure
built in compliance with the State of Wisconsin Uniform Dwelling Code
(UDC), or may be a manufactured dwelling (modular home) as permitted
by the UDC or a manufactured home as permitted by the HUD code. For
any of these dwelling units, the use of a permanent, continuous UDC
foundation is required. This dwelling unit type may not be split into
two or more residences.
See Chapter 17.34.
See Chapter 17.36.
See Chapter 17.38.
See "Gross site area."
See Section 17.72.060 for applicable procedures.
A window or other paned area located on the ceiling or roof
of a structure.
Any fence which cannot be seen through. Such fences include
basketweave fences, stockade fences, plank fences, and similar fences.
Zoning districts which primarily regulate the use of land,
and intensity or density of such use.
The numeric code for categorizing land uses developed by
the US Department of Commerce. SIC codes in this title are based on
the listing contained within the 1987 manual.
The date the building permit is issued, provided the actual
start of activity was within 730 calendar days of the permit date.
The "actual start of activity" means either the first placement of
permanent construction of a structure on the site such as the pouring
of a slab or footings, the installation of piles, or the construction
of columns. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations; nor does it include the erection
of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or shed not occupied as dwelling
units or part of the main structure.
Areas which contain a gradient of 12% or greater, (equivalent
to a ten-foot elevation change in a distance of 83 feet or less),
as shown on USGS 7.5 minute topographic maps for the Village and its
environs.
See Chapter 17.14.
See Section 17.66.060.
That portion of a building included between the surface of
any floor and the surface of the floor next above; or if there is
no floor above, the space between the floor and the ceiling next above.
Neither a basement nor a cellar shall be counted as a story.
Any public or private way dedicated or permanently open to
pedestrian and vehicular use which is 22 feet or more in width if
it exists at the time of enactment of this title; and any such public
right-of-way 60 feet or more in width when established after the effective
date of this title.
See "Lot line, front."
A pattern of land uses typified by nonresidential and/or
multifamily development located along one or both sides of a street
which is generally only one lot deep and which is characterized by
many curb cuts, low green space ratios, low landscape surface ratios,
high floor area ratios, and/or low quantities of landscaping.
A lot of record which lawfully existed prior to this title,
which would not conform to the applicable regulations if the lot were
to be created under the current provisions of this title.
Any structural repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% of the present
equalized assessed value of the structure either before the improvement
or repair is started, or if the structure has been damaged, and is
being restored, before the damage occurred. The term does not, however,
include either:
Any project to improve a structure to comply with existing state
or local health, sanitary, or safety code specifications solely necessary
to assure safe living conditions; and
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society, or listed
on the National Register of Historic Places.
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Ordinary maintenance repairs are not considered structural repairs,
modifications or additions. Such ordinary maintenance repairs include
internal and external painting, decorating, paneling, and the replacement
of doors, windows, and other nonstructural components. (For purposes
of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure.)
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Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting public utility
fixtures and appurtenances.
See Chapter 17.46.
See Chapter 17.50.
A linear depression in land running downhill or having a
marked change in contour direction in which sheet runoff would collect
and form a temporary watercourse.
A land use which is present on a property for a limited and
specified period of time.
This dwelling unit type consists of an attached, two-story,
single- family residence which has a private, individual access and
is located on its own lot or within a group development. This dwelling
unit type may not be split into additional residences. A minimum one-hour
fire rated wall assembly division, separating living areas from the
lowest level through the roof, and individual sanitary sewer and public
water laterals, are required between each dwelling unit. No more than
eight and no less than three townhouse dwelling units may be attached
per group. All townhouse units within a development shall be located
a minimum of 30 feet from the boundary of the development.
See Section 17.66.150.
See Chapter 17.16.
See "In-vehicle sales and service."
These dwelling unit types consist of a single-family dwelling
which is attached on one side to another single-family residence.
A minimum one-hour fire rated wall assembly division, separating living
areas from the lowest level to flush against the underside of the
roof, and individual sanitary sewer and public water laterals, are
required between each dwelling unit. The two residences may or may
not be located on individual lots. The twin house is distinguished
from the duplex house merely by having each unit located on an individual
lot or within a group development. These dwelling unit types may not
be split into additional residences.
This dwelling unit type consists of a single-family residence, which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (Sections 101.60-.66), which has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. Where permitted, this use is a conditional use and must be approved through the procedures of Section 17.72.040.
See Chapter 17.40.
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this title.
See Chapter 17.52.
The purpose or activity for which land or any building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
See "Accessory use."
See "Conditional use."
See "Principal use."
See Section 17.20.040.
Permission to depart from the literal requirements of this title granted pursuant to Section 17.72.080.
See Section 17.66.080.
See Section 17.74.060.
See Section 17.66.030.
See Section 17.14.050.
See Section 17.66.160.
Map prepared by the Wisconsin Department of Natural Resources.
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the Village and its environs.
Monday, Tuesday, Wednesday, Thursday or Friday; excluding
holidays granted by the Village to its department heads.
A required open space on a lot. which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky, except as
expressly permitted in this title. A yard shall extend along a lot
line and at right angles to such lot line to a depth or width specified
in the yard regulations for the district in which such lot is located.
A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting front street
right-of-way line to a depth required in the yard regulations for
the district in which such lot is located.
A yard extending along the full width of the rear lot line
between the side lot lines and extending toward the front lot line
for a depth as specified in the yard regulations for the district
in which such lot is located.
A yard extending along the side lot line between the front
and rear yards, having a width as specified in the yard regulations
for the district in which such lot is located.
The Village employee charged with the application and interpretation of this title. See Section 17.74.020.
See Section 17.30.020.
See "Official zoning map" above and see Section 17.30.030.
