[4-21-1992; 5-19-1992; 5-18-1993; 12-5-1995; 8-5-1997; 9-2-1997; 7-18-2000; 9-18-2001; 3-2-2004; 10-5-2004; 12-7-2004; 6-28-2005; 11-1-2005; 6-6-2006; 12-15-2009; 6-21-2011; 3-19-2013; 10-15-2013; 11-5-2014; 1-6-2015; 2-17-2015; 3-3-2015; 4-8-2015; 9-1-2015; 9-15-2015; 2016 Code; 3-7-2017]
The meanings of the words "used" and "occupied" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," and "intended to be used or occupied."
In this title:
- ACCESSORY BUILDING OR STRUCTURE
- Means a building or structure, other than a fence: a) which is subordinate to and services a principal building or a principal use legally existing on the same zoning lot; b) which is subordinate in area, extent and purpose to the principal building or use; c) which contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and d) which is located on the same zoning lot as the principal structure or principal use served.
- ACCESSORY DWELLING
- Means on-site dwelling unit that is attached to and architecturally integrated into a principal building and used solely by the owner of a business located in such building and the owner's immediate family or by an employee of the owner of a business located in such building and the employee's immediate family, provided the following conditions are met: a) the floor area of the living quarters does not exceed 2,000 square feet in area; and b) the special and unusual nature of the use or special and unusual security requirements of the business make it reasonably necessary for persons to be on the premises on a 24 hour basis.
- ACCESSORY USE
- Means a use which is incidental to the principal use of a property.
- ADULT ORIENTED ENTERTAINMENT BUSINESS
- Means an adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health or sport club, adult steam room or bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse.
- Means a public thoroughfare which affords only a secondary means of access to abutting property.
- ARTERIAL STREET
- Means any state trunk highway within the corporate limits of the city.
- AUTOMOBILE SERVICE STATION or FILLING STATION
- Means a place where motor fuels, lubricating oil or grease, tires, parts, or minor repairs for motor vehicles are offered for sale to the public and deliveries are made directly into or onto motor vehicles.
- Means that portion of a building or dwelling below the first floor or ground floor level with its entire floor below grade.
- BED AND BREAKFAST ESTABLISHMENT
- Means any place of lodging that: a) provides eight or fewer rooms for rent to no more than 20 tourists or transients; b) provides no meals other than breakfast and provides the breakfast only to renters of the place; c) is occupied by the owner as his or her personal residence; and d) was originally built and occupied as a single-family residence, or was converted to be used and occupied as a single-family residence; and
- Means a sign with an area of at least 40 square feet, or a structure designed to support a sign with an area of at least 40 square feet.
- Means the zoning board of appeals of the city.
- BOARDING HOUSE
- Means a building other than a hotel or motel in which sleeping rooms and accessory rooms are available for use by the occupants, by prearrangement for definite periods, where meals or lodging and meals are served for compensation to not more than eight individuals who are not members of the same family.
- Means a facility for the production of fermented malt beverages operated by a person who is licensed by the state of Wisconsin as a brewer.
- Means a facility for which a class "B" fermented malt beverage license has been issued by the city and a brewpub permit has been issued by the state of Wisconsin.
- Means any structure having a roof supported by posts, columns, or walls and its appendages, including balconies and porches, used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials, and which is permanently affixed to the land.
- BUILDING HEIGHT
- Means the vertical distance from the average curb level in front of the lot or the finished grade at the front building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.
- BUSINESS SIGN
- Means a sign for identification of a particular business or company.
- CHARITABLE OR PHILANTHROPIC INSTITUTIONS
- Means those structures or facilities operated by a nonprofit organization that are devoted to the betterment of community life, including but not limited to such institutions as a YMCA, YWCA or an educational or charitable foundation.
- CITY STRUCTURE
- Means a structure owned by the city and used exclusively for operations of the city, any of its departments, or any city owned or operated utility or enterprise.
- Means an establishment, public or private, where there are no overnight facilities and where people are given examination, diagnosis and treatment as out-patients by physicians, dentists, optometrists or other members of a human health care profession.
- COMMERCIAL ANIMAL ESTABLISHMENT
- Means an establishment that bathes, clips, plucks, or otherwise grooms animals, not their own; breeds, boards, buys, sells or donates animals; trains animals; or displays or exhibits animals.
- COMMERCIAL STABLE
- Means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis.
- COMMUNICATION TOWER
- Means a structure, whether free-standing or attached to a building or structure that is designed and constructed primarily to support one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
- COMMUNITY LIVING ARRANGEMENTS
- Means any of the following facilities licensed or operated, or permitted under the authority of the department of health and social services: child welfare agencies under section 48.60 of the Wisconsin statutes; group foster homes for children under section 48.02(7) of the Wisconsin statutes; residential care apartment complexes and community based residential facilities under section 50.01 of the Wisconsin statutes; but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons or jails.
- CONDITIONAL USE
- Means a use at a property not permitted in a zone except by ruling of the plan commission of the city of Monroe.
- CONSTRUCTION SIGN
- Means a sign advertising the identity or contact information, or both, for a contractor actually performing construction activities upon a lot.
- CORNER LOT
- Means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees Fahrenheit.
- DAY-CARE CENTER
- Means any place, other than a dwelling unit in which residential living is the primary usage, where a person, other than a parent, relative, or guardian, provides care and supervision for compensation of four or more children under the age of seven years, for less than 24 hours a day for more than 10 days a month.
- DAY-CARE PARENT COOPERATIVE-NONRESIDENTIAL
- Means any place, other than a dwelling unit in which residential living is the primary usage, where a group of persons, including parents, relatives, or guardians of some children cared for, provide care and supervision of more than eight children for less than 24 hours a day for more than 10 days a month.
- DAY-CARE PARENT COOPERATIVE-RESIDENTIAL
- Means any dwelling unit in which residential living is the primary usage, where a group of persons, including parents, relatives, or guardians of some children cared for, provide care and supervision of four to eight children under the age of seven years, for less than 24 hours a day for more than 10 days a month.
- DETACHED RESIDENTIAL GARAGE
- Means a one-story accessory building used or intended for the storage of motor vehicles, boats, or trailers.
- Means a facility for the production of distilled spirits by any process that separates alcoholic spirits from any fermented substance.
- Means an area within the city within which certain uniform regulations and requirements apply under this title.
- ELECTRONIC DISPLAY SCREEN
- Means a sign, or portion of a sign, that displays an electronic image or video, which may or may not include text, including without limitation, television screens, plasma screens, digital screens, flat screens, LED screens and video boards.
- Means one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel.
- FAMILY DAY-CARE HOME
- Means any dwelling unit in which residential living is the primary usage, where a person, other than a parent, relative, or guardian, provides care and supervision for compensation of four to eight children under the age of seven years, for less than 24 hours a day for more than 10 days a month.
- Means a barrier consisting of vegetation, wood, stone, metal or other material intended to prevent ingress or egress.
- FLAG LOT
- Means any lot which connects to a street, road or other right of way by a narrow appendage.
- FREESTANDING BUSINESS SIGN
- Means a business sign that is not attached to any building or structure, other than a structure erected solely to support the business sign.
- FRONT LOT LINE
- Means the boundary of a lot which abuts a developed or dedicated street.
- FRONT YARD
- Means an open unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the front lot line and the front line of the building projected to the side lot lines.
- Means all the property abutting on one side of a street: a) between intercepting or intersecting streets; b) between a street and a right of way or waterway; c) on the end of a dead end street; d) around a cul-de-sac; e) between a street and a city boundary measured along a street line.
- GARDEN SHED
- Means a structure with a maximum gross area of 80 square feet and a maximum height of 12 feet, which structure is used or designed primarily for the storage of lawn and garden equipment.
- HALF STORY
- Means the space under any roof, except a flat roof. The space under a flat roof, if occupied for residential purposes, shall be counted as a full story rather than a "half story."
- HOME OCCUPATION
- Means any activity operated for pecuniary gain in, or directed from, a dwelling by one or more persons residing within such dwelling.
- HOTEL or MOTEL
- Means a building, portion of a building or group of buildings where sleeping accommodations for more than eight persons are offered to the public for a consideration, including, but not limited to, inns, hotels, motels, summer camps, apartment hotels, resort, lodges and cabins, and other similar buildings or groups of buildings in which accommodations are available to the public. The terms "hotel" and "motel" do not include boarding houses, lodging houses or accommodations in mobile homes.
- INFORMATIONAL SIGN
- Means a sign incidental to a lawful use of the property that is necessary to provide information to the public, such as direction to parking lots, location of rest rooms, or the existence of any danger or hazard on or adjacent to the property.
- INTERIOR LOT
- Means a lot other than a corner lot.
- Means a place where waste, discarded or salvaged materials are brought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards and places or yards for storage of scrap metal, paper, rags, glass, scrap lumber or other scrap materials.
- LAND USE PLAN
- Means the long range plan for the desirable use of land in the city as officially adopted and as periodically amended by the city plan commission to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs in the subdividing and use of undeveloped land and in the acquisition of rights of way or sites for public purposes such as streets, parks, schools and public buildings.
- LARGE SCALE RETAIL DEVELOPMENT
- Means an area of land comprising one or more contiguous parcels or building sites for multiple enterprises engaged primarily in retail sales and which area is subject to a coordinated plan of building placement where the cumulative size of the building or buildings housing enterprises that are or will be engaged in retail sales exceeds 50,000 square feet of gross floor area, including both display and enclosed storage areas, and where one or both of the following conditions exist: a) the area is or will be served by an integrated system of off-street vehicular parking benefiting all or substantially all improvements within such area; b) the area is or will be subject to reciprocal access rights benefiting all or substantially all improvements within such area.
- LARGE SCALE RETAIL STORE
- Means a single building in which 50,000 square feet or more of gross floor area, including enclosed storage areas, is or will be used primarily for retail sales.
- LODGING HOUSE
- Means a building, other than a hotel or motel, in which sleeping accommodations and accessory rooms for use by the occupants are provided for compensation for not more than eight persons, and in which no meals are provided.
- Means a piece or parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory buildings, and such open spaces as are required by this title, and having frontage on a platted street.
- LOT DEPTH
- Means the average horizontal distance between the front lot line and rear lot line of a particular lot, measured at right angles to the front lot line.
- LOT LINE
- Means any line bounding a lot.
- LOT WIDTH
- Means the average distance between the side lot lines, measured parallel to the front lot line.
- MAJOR COLLECTOR STREET
- Means the following segments of streets lying within the corporate limits of the city:
That part of 6th street that lies east of the intersection with 16th avenue and west of the intersection with 6 1/2 street;
That part of W. 8th street that lies east of the corporate limits of the city and west of the intersection with 1st avenue;
That part of 8th street that lies east of the intersection with 1st avenue and west of the intersection with 11th avenue;
That part of 9th street that lies east of the intersection with 11th avenue and west of the intersection with 20th avenue;
That part of 11th street that lies east of the intersection with state trunk highway 69 and west of the intersection with 20th avenue;
That part of 13th street that lies east of the intersection with 16th avenue and west of the intersection with 17th avenue;
That part of 13th street that lies east of the intersection with 20th avenue and west of the corporate limits of the city;
That part of 16th street that lies east of the intersection with 16th avenue and west of the intersection with 20th avenue;
That part of 19th street that lies east of the intersection with 11th avenue and west of the intersection with 16th avenue;
That part of 21st street that lies east of the corporate limits of the city and west of the intersection with 11th avenue;
That part of 4th avenue west that lies south of the intersection with west 17th street and north of the intersection with 21st street;
That part of 11th avenue that lies south of the intersection with 19th street and north of the intersection with 21st street;
That part of 16th avenue that lies south of the intersection with 16th street and north of the intersection with 19th street;
That part of 16th avenue that lies south of the intersection with 6th street and north of the intersection with 11th street;
That part of 17th avenue that lies south of the intersection with 9th street and north of the intersection with 13th street;
That part of 17th avenue that lies south of the intersection with 17th street and north of the intersection with 30th street;
That part of 18th avenue that lies south of the intersection with 1st street and north of the intersection with 6th street;
That part of 20th avenue that lies south of the intersection with 6th street and north of the intersection with 16th street.
- MEDICAL HEALTH CENTER
- Means a facility under single management and control having as its purpose the provision of general health care service to inpatients or outpatients for medical and surgical care of sick or injured, diagnosis, treatment and therapeutic care and with related facilities and intended to include laboratory, x-ray and related departments as an integral part of such related facilities as training facilities, central service facilities, staff offices, which need not but may include a drug prescription counter (not a drugstore) for the dispensing of drugs and pharmaceutical products to the patients of the said organization and may include the space for the practice of dentistry. A "medical health center" shall not include nor be considered a residential health care facility.
- Means a brewery that is operated for the production of not more than 60,000 barrels of fermented malt beverages annually, including the sale of said beverages for on-site consumption or in sealed containers for consumption off site.
- MIXED-USE DEVELOPMENT
- Means a single building containing more than one type of land use, or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to use shared vehicular and pedestrian access and parking areas.
- MOBILE HOME
- Means a structure, transportable in one or more sections, which in the traveling mode, is more than eight feet in width or more than 32 feet in length, or when erected on site is 256 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to utilities, and includes the plumbing, heating, air conditioning and electrical systems.
- MONUMENT BUSINESS SIGN
- Means a freestanding business sign, the lowest point of which is one foot or less above grade and the width of which does not at any point exceed the width at the lowest point.
- MULTIPLE-FAMILY DWELLING
- Means a building or portion thereof used or designed as a residence for three or more families living independently of each other, including apartments, apartment hotels and group houses.
- NONCONFORMING LOT
- Means any lot or parcel of land that does not conform to the lot regulations governing the zoning district in which it is located.
- NONCONFORMING STRUCTURE
- Means any structure, temporary or permanent, that does not conform to the building regulations governing the zoning district in which it is located.
- NONCONFORMING USE
- Means a building or land occupied by a use that does not conform with the use regulations of the district in which it is situated.
- Means the showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state or the showing of bare buttocks, anus, or female breast.
- OFF-PREMISES BUSINESS SIGN
- Means a monument business sign, a pylon business sign or a wall business sign that is located on a parcel of property with a real estate tax parcel number different from the real estate tax parcel number assigned to the property on which the business identified on the business sign is located. If such business sign is located on a parcel that shares a common boundary with the parcel on which the business identified on the business sign is located, such business sign shall not be considered an off-premises business sign if it is located less than 150 feet from the main entrance to the business identified on such business sign.
- OFF STREET PARKING SPACE
- Means an unobstructed piece of ground or floor space, located off the public street, sufficient for the temporary storage of one automobile.
- ONE-FAMILY DWELLING
- Means a detached building designed for or occupied exclusively by one family.
- PAVED OR GRAVELED SURFACE
- Means a ground surface covered with compacted gravel, poured concrete with or without decorative surface materials, blacktop, pavers, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with stone or gravel as a landscaping element shall not be considered a paved or graveled surface.
- PRINCIPAL BUILDING
- Means a non-accessory building in which is conducted the principal use of the lot on which it is located.
- PRINCIPAL USE
- Means the main use of land or buildings as distinguished from an accessory use.
- PRIVATE GARAGE
- Means; a) a structure, including a carport, attached to a one-family dwelling or two-family dwelling and capable of being used for storage of not more than three vehicles, one of which may be a commercial vehicle of no more than 3/4 ton capacity, a trailer, or a motor home; or b) a structure designed to house one motor vehicle for each family housed in an apartment.
- PUBLIC GARAGE
- Means a structure, other than a private garage, designed, used, or intended to be used for parking and storage of self-propelled vehicles for remuneration.
- PYLON BUSINESS SIGN
- Means a freestanding business sign, the lowest point of which is greater than eight feet above grade.
- REAL ESTATE SIGN
- Means a sign advertising the availability for sale or rent of one or more lots or improvements thereto.
- REAR LOT LINE
- Means that lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length entirely within the lot, parallel to and most distant from the front lot line shall be considered to be the rear lot line for determining depth of rear yard. Where none of these definitions applies, the zoning administrator shall designate the rear lot line.
- REAR YARD
- Means an open space on the same lot with a main building, extending the full width of the lot and situated between the rear lot line and the rear line of the building projected to the side lot lines.
- Means a facility operated by any one of the following: a) A person that rectifies, purifies or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort or wash, through continuous closed vessels or pipes, until the manufacture thereof is complete; b) A person who possesses any still or leach tub or keeps any other apparatus for refining distilled spirits; c) A person who after rectifying and purifying distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale; d) A distiller or any person under substantially the same control as a distiller who, without rectifying, purifying or refining distilled spirits, by mixing such spirits with any materials, manufactures any spurious, imitation or compound liquors for sale under the name of "whiskey," "brandy," "gin," "rum," "spirits," "cordials" or any other name; e) A person who places intoxicating liquor in bottles or other containers.
- RECYCLABLE MATERIALS
- Means the items listed in section 287.07(1m) to (4) of the Wisconsin statutes.
- RECYCLING FACILITY
- Means a facility where recyclable materials are recycled and may include a facility where recyclable materials have been generated.
- RETAIL SALE
- Means the transfer of title to tangible personal property in the ordinary course of business to the purchaser for consumption or use other than resale or further processing or manufacturing, but not including transfers in response to orders placed by mail, telephone, internet or similar means where the tangible personal property is shipped to the purchaser.
- REVERSED CORNER LOT
- Means a corner lot, the side street line of which is substantially a continuation of the front lot line of the lot upon which the rear of said corner lot abuts.
- REVERSED FRONTAGE LOT
- Means a corner lot, the rear lot line of which coincides with any part of the side lot line of an abutting interior lot.
- SADOMASOCHISTIC ABUSE
- Means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained by one so clothed.
- SELF-SERVICE STORAGE FACILITY
- Means a structure, group of structures having compartments, rooms, spaces, containers or other type of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the structure or facility owner or operator has limited access to the units.
- Means the minimum distance required between any portion of a building or structure and a boundary of a lot.
- SEXUAL CONDUCT
- Means acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.
- SEXUAL EXCITEMENT
- Means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
- SHELTERED FACILITIES FOR BATTERED WOMEN
- Means a facility or private home that provides care, treatment and services for victims of domestic abuse (as defined in section 46.95(1)(a) of the Wisconsin statutes) and their children only.
- SHORELAND SETBACK
- Means the minimum distance required between the ordinary high-water mark of a stream or other body of water and any portion of a building or structure.
- SIDE LOT LINE
- Means any lot line not a front lot line or a rear lot line.
- SIDE YARD
- Means an open unoccupied space on the same lot with a main building, situated between the side of the building and the adjacent side lot line and extending from the rear line of the front yard to the front line of the rear yard. If there is no front yard, the front boundary of the side yard shall be the front lot line, and if there is no rear yard, the rear boundary of the side yard shall be the rear lot line. The street side yard on corner lots shall extend from the rear of the front yard to the rear lot line.
- Means any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, by which anything is made known and which is used to advertise or promote an individual, firm, association, company, profession, business, commodity, event or product, including any of the foregoing that is mounted upon or affixed to a frame, vehicle chassis, trailer or other structure that is designed to be readily moved from location to location.
- SIGN PERMIT
- Means a type of building permit issued by the zoning administrator authorizing the erection, construction, reconstruction, alteration or moving of a sign.
- SMALL WINERY
- Means a structure operated by a person who has been certified by the state of Wisconsin as a small winery and used for the commercial processing grapes, other fruit products or vegetables, to produce wine or similar spirits, including crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the small winery, warehousing and wholesale or retail sales and tasting facilities of wine and related promotional items.
- SMOKY ROW SUB-DISTRICT
- Means all property lying within the area bounded by 13th Avenue, 16 1/2 Street, 14th Avenue and 17th Street and all the property lying within the area bounded by 13th Avenue, 17th Street, 16th Avenue, and 18th Street.
- SOLID WASTE
- Means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under chapter 283 of the Wisconsin statutes, or source material, as defined in section 254.31(10) of the Wisconsin statutes, special nuclear material, as defined in section 254.31(11) of the Wisconsin statutes, or by-product material, as defined in section 254.31(1) of the Wisconsin statutes.
- SOLID WASTE FACILITY
- Means a facility for solid waste treatment, solid waste storage or solid waste disposal, and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing, treatment and recovery facilities. This term includes the land where the facility is located. This term does not include a facility for the processing of scrap iron, steel or nonferrous metal using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. This term does not include a facility which uses large machines to sort, grade, compact or bale clean wastepaper, fibers or plastics, not mixed with other solid waste, for sale or use for recycling purposes. This term does not include an auto junk yard or scrap metal salvage yard.
- SOLID WASTE TRANSFER AND RECYCLING FACILITY
- Means a facility that functions as both a recycling facility and a solid waste transfer facility.
- SOLID WASTE TRANSFER FACILITY
- Means a solid waste facility at which transferring of solid waste from one vehicle or container to another, generally of larger capacity, occurs before transporting to the point of processing or disposal.
- STANDARD PERFORMANCE
- Means a criterion established to protect the public safety by the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
- Means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
- Means a public or private thoroughfare which affords the principal means of access to abutting property.
- STRUCTURAL ALTERATIONS
- Means any change in the supporting members of a building, including, but not limited to, changes in bearing walls, columns, joists, beams or girders.
- Means anything constructed or erected, the use of which requires more or less permanent location on the ground.
- TEMPORARY SIGN
- Means any sign, handbill, or poster that is placed for a limited period of time to advertise or announce a specific event or occurrence, or that pertains to a specific event or occurrence. Examples of temporary signs include, but are not limited to signs, handbills or posters relating to civic or athletic events, concerts, special events or products or services offered for sale at a reduced price or on special terms.
- THROUGH LOT
- Means a lot having frontage on two parallel or approximately parallel streets.
- TRADE OR BUSINESS SCHOOL
- Means a private or public school that provides occupational education, training, and retraining, including the training of apprentices, that enable students to obtain the knowledge and skills necessary for employment at a technical, paraprofessional, skilled or semiskilled occupation.
- TWO-FAMILY DWELLING
- Means a building designed for or occupied exclusively by two families living independently of each other.
- UNNECESSARY HARDSHIP
- Means 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 in light of the purposes of the title.
- Means a departure from the terms of this title as applied to a specific building, structure or parcel of land, permitted by the board of appeals.
- WALL BUSINESS SIGN
- Means a business sign, other than a freestanding business sign, that is attached to a building or structure.
[4-21-1992; 1-2-1996; 2-17-2015; 2016 Code]
A basement shall be counted as a story for height measurements if the vertical distance between the ceiling and mean level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
The owner of a corner lot shall have the privilege of electing any street lot line for the front lot line providing it is the lot line from which the principal entrance and exit provides direct unobstructed means to a street.
Paved or graveled surfaces. No paved or graveled surface shall be located closer than four feet from a side lot line, closer than four feet from the rear lot line, or closer than two feet from the front lot line. This subsection shall not apply to a paved or graveled surface that lies within the foregoing setback if such surface is that part of a driveway that is necessary to provide ingress and egress from and to an abutting street or alley, serves only as a pedestrian sidewalk or serves only as a drainage system for storm water.
The depth of the front yard shall be the shortest distance between the front line of the building and the front lot line, measured at right angles to the front lot line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building.
A half story shall be counted as a full story for height measurements if it is used for residential or commercial purposes.
Any addition to a building shall be subject to the zoning and building regulations applicable to such building.
No loading space shall be counted as an off street parking space.
The rear yard shall be unoccupied except as otherwise permitted in this title. The rear yard shall extend the full width of the lot and shall be situated between the rear lot line and the rear line of the building projected to the side lot lines. The depth of the rear yard shall be the shortest distance between the rear lot line and the rear line of the building, measured at right angles to the rear lot line.
As used in this title, the word "shall" is mandatory; the word "may" is permissive.
[2-15-2000; 2016 Code]
Where an accessory building is structurally attached to a principal building, it must conform to all building regulations applicable to the principal building.
No accessory building shall be constructed on a lot unless upon such lot there exists a principal building or a building permit has been issued for construction of a principal building. No accessory building shall remain on a lot beyond the expiration of a building permit issued for construction of a principal building unless such principal building has been constructed.
No accessory building in a commercial or industrial district shall exceed the height of the principal building unless by conditional use.
No accessory building in a commercial or industrial district shall be located closer to the front lot line than the principal building on such lot.
No accessory building to a multi-family dwelling shall exceed the height of the multi-family dwelling.
All accessory buildings shall have a foundation or concrete slab if over 80 square feet in area.
Accessory buildings and garden sheds shall not be erected in any yard except a rear yard, and shall be at least six feet from the rear lot line, two feet from any interior lot line, and 10 feet from any principal building.
No accessory building shall be used as a dwelling.
A private garage shall not exceed 864 square feet of gross area, shall not exceed 18 feet in height and shall be located at least six feet from the rear lot line, four feet from interior lot lines and 25 feet from the front lot line.
A private garage shall be placed at least 25 feet from the side lot line if the lot is a corner lot and is adjacent to a road right of way, unless the property owner can demonstrate that physical conditions of the lot require the private garage to be placed in a different location. Such alternate placement may be allowed as a conditional use if a private garage is a permitted accessory use in the applicable district and written approval of adjacent property owners is submitted with a request for issuance of a conditional use permit.
No accessory building or combination of accessory buildings shall occupy more than 30 percent of the gross area of any lot.
[12-7-2004; 2-2-2010; 2016 Code]
The following regulations shall apply to home occupations whether allowed as a permitted or conditional use:
The home occupation shall be compatible with the residential use of the property and surrounding residential uses;
The home occupation enterprise shall employ no more than two employees other than family members residing in the dwelling unit;
There shall be no outside appearance of a home occupation including, but not limited to, parking, signs or lights;
One unlighted sign no greater than six square feet in area shall be permitted outside of the dwelling unit. The location and configuration of any such sign shall be approved by the plan commission.
The volume of deliveries of merchandise or supplies or by truck and other to or from the home occupation shall not exceed five per day;
The home occupation shall use no equipment or processes that create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is disturbing to a reasonable person in an adjoining dwelling unit;
The home occupation shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; and
The home occupation shall not involve any illegal activity.
The provisions of this section shall not supersede any covenant, agreement or other document which prohibits a home occupation within a dwelling unit.
This section shall not supersede or limit the application of any other provision of the this code, including the investigation and elimination of nuisances.
[3-1-2005; 2-2-2010; 2016 Code]
[6-28-2005; 12-15-2009; 2-2-2010; 2016 Code]
Findings. The council hereby finds as follows:
The location, siting, design, construction and use of adult oriented entertainment businesses can have adverse impacts on the surrounding area.
Adult oriented entertainment businesses can exert a dehumanizing influence on persons attending places of worship, children attending licensed day-care homes, persons using public parks, and children and other persons attending public schools.
Adult oriented entertainment businesses can contribute to an increase in criminal activity in the area where such businesses are located, taxing local law enforcement services.
Adult oriented entertainment businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the value of the residential housing in the area in which such businesses are located.
The concentration of adult oriented entertainment businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life.
A cycle of decay can result from the influx and concentration of adult oriented entertainment businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating as other businesses and residences move out of the vicinity. Declining real estate values, which can result from the concentration of such business, erode the city's tax base.
The city may enact zoning regulations to promote the public health, safety and general welfare of the citizens of the city as provided under section 62.23 of the Wisconsin statutes.
The purpose of these regulations is to control through zoning the location and operational characteristics of Adult Oriented Entertainment Businesses so as to minimize the detrimental effect on the character of the city's residential neighborhoods and commercial areas.
These regulations are intended to establish a reasonable balance between the legitimate public purpose of protecting the health, safety and welfare of residents and businesses in the city and the legally recognized rights of owners, operators and employees of Adult Oriented Entertainment Businesses by allowing such businesses to operate in locations and under circumstances that minimize the adverse effects of such businesses.
These regulations shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment to the United States Constitution.
Applicability. The provisions of this chapter shall apply to all adult oriented entertainment businesses.
Distance limitations. No adult oriented entertainment business shall:
Be operated or maintained within 300 feet of the boundary of any of the following zoning districts:
R-1 Single-family residence district
R-2 Medium density residential district
R-3 Multiple-family residence district
A-1 Mobile home parks and A-2 subdivisions district
B-1 Central business district
Be operated or maintained within 300 feet of a church, licensed day-care facility, public library, public park, public or private educational facility which serves persons age 17 or younger, elementary school, high school or community living arrangement.
Distance limitations set forth in this section shall be measured in a straight line from the main public entrance of the Adult Oriented Entertainment Business to the main public entrance to the named use or, in the case of the named zoning districts from the main public entrance of the adult oriented entertainment business to the nearest boundary of the named zoning district.
Same use restrictions. No adult oriented entertainment business shall be located in the same building or upon the same property as another such use.
Sign limitations. Notwithstanding any other provision of this chapter, an adult oriented entertainment business shall not be permitted more than one business sign. Signs advertising or promoting an adult oriented entertainment business shall meet the following criteria:
No sign shall display merchandise or pictures of the products or entertainment on the premises in any area which can be viewed from the sidewalk, street or other public way, adjacent to the building.
No sign shall be placed in any window. In addition to the business sign, a one square foot informational sign may be placed on the door to state hours of operation and admittance to adults only.
No sign shall contain any flashing lights, moving elements, or mechanically changing messages.
No sign shall contain any depiction of the human form, or any part thereof, nor shall it contain sexually explicit language.
No adult oriented entertainment business may have any off-premise business sign.
Operating standards. All adult oriented entertainment businesses shall operate under the following:
No employee shall solicit business outside the building in which the business is located.
No male or female person, while on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited.
No person on the premises shall engage in sexual conduct or sadomasochistic abuse.
Nudity is prohibited for any employee of an adult oriented entertainment business where such person is in direct, personal contact with another person.
Building's exterior appearance. The building's exterior shall meet the following criteria:
Colors shall be earth or neutral tones and primary accent colors shall be within the same color family.
Stripes and geometric patterns are prohibited.
A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the plan commission.
The exterior shall be adequately maintained in good condition.
Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof.