These regulations are adopted under the authority granted by
§§ 60.10 and 62.23(7), Wis. Stats.
This chapter shall be known as, referred to or cited as the
"Zoning Code, Town of Lowell, Dodge County, Wisconsin."
The purpose of this chapter is to promote the health, safety,
prosperity, aesthetics and general welfare of the Town of Lowell.
It is the general intent of this chapter to:
A.
Regulate and restrict the use of all structures, lands and waters;
B.
Regulate and restrict lot coverage, population distribution and density,
and the size and location of all structures so as to lessen congestion
in and promote the safety and efficiency of the streets and highways;
C.
Secure safety from fire, flooding, panic and other dangers;
D.
Provide adequate light, air, sanitation and drainage;
E.
Prevent overcrowding; avoid undue population concentration;
F.
Facilitate the adequate provision of public facilities and utilities;
G.
Stabilize and protect property values;
H.
Further the appropriate use of land and conservation of natural resources;
I.
Preserve and promote the beauty of the Town of Lowell;
J.
Implement the Town Land Use Plan or plan components;
K.
Provide for the administration and enforcement of this chapter and
to provide penalties for its violation.
It is not intended by this chapter 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 chapter imposes
greater restrictions, the provisions of the chapter shall govern.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Town and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
A.
General terms. For the purposes of this chapter, certain words and
terms are defined as follows. Words used in the present tense include
the future; the singular number includes the plural number and the
plural number includes the singular number; the word "building" includes
the word "structure"; the word "shall" is mandatory and not directory.
B.
ACCESSORY USES OF STRUCTURE
ADULT-ORIENTED ESTABLISHMENT
ADVERTISING STRUCTURE, OUTDOOR
AGRICULTURAL STRUCTURES
AIRPORT, PUBLIC
ALLEY
ANIMAL UNIT
APARTMENT
APARTMENT HOUSE
ARTERIAL STREET
ASSESSED VALUE
AUTOMOBILE WRECKING YARD
BANNER
BASEMENT or CELLAR
BOARDINGHOUSE
BOATHOUSE
BUILDING
BUILDING AREA
BUILDING, ALTERATIONS OF
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
BULKHEAD LINE
BUSINESS
CARPORT
CENTER LINE
CHANNEL
CLINIC
CLUB
COMMUNITY LIVING ARRANGEMENT
CONDITIONAL USE
CONFORMING USE
COURT
CURB BREAK
CURB LEVEL
DAY-CARE CENTER
DISTRICT BASIC
DOG
DOG SHELTER
DWELLING EFFICIENCY
DWELLING GROUP
DWELLING UNIT
(1)
(2)
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
EMERGENCY SHELTERS
ESSENTIAL SERVICES
FAMILY
FAMILY, IMMEDIATE
FARM
FARM OPERATOR
FARMETTE
FLAGS or PENNANTS
FLOOR AREA
FOSTER FAMILY HOME
FRONTAGE
GARAGE
GARAGE, PUBLIC
GARAGE, STORAGE
GASOLINE STATION
GROUP FOSTER HOME
HOME OCCUPATION
HORSE BOARDING FACILITY
HOTEL
HOUSE TRAILER
JUNKYARD
KENNEL
(1)
(2)
(3)
LOADING AREA
LOT
LOT CORNER
(1)
(2)
(3)
(4)
LOT DEPTH
LOT INTERIOR
LOT LINES AND AREA
LOT WIDTH
LOT, REVERSED CORNER
LOT, THROUGH
LOT, ZONING
MANUFACTURED DWELLING
MANUFACTURED HOME
(1)
(2)
(3)
(4)
MARQUEE or CANOPY
MINOR STRUCTURES
MOBILE HOME
MOBILE HOME PARK
MOTEL
MOTOR FREIGHT TERMINAL
MOTOR VEHICLE
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING LOT
NONCONFORMING USE
NUDITY
NUISANCE
NURSERY
NURSERY SCHOOL
NURSING HOME
OFF-PREMISE DIRECTION/SALES
OVERLAY ZONE/DISTRICT
PARKING AREA, SEMIPUBLIC
PARKING SPACE
PARTIES IN INTEREST
PIERHEAD LINE
PLACE
PLANNED RESIDENTIAL DEVELOPMENT
PRINCIPAL USE OR STRUCTURE
PROFESSIONAL HOME OFFICE
PROPERTY LINES
PUBLIC WAY
RAILROAD RIGHT-OF-WAY
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
RETENTION BASIN
ROAD
ROADSIDE STAND
SANITARY SEWER
SCHOOL, COMMERCIAL
SCHOOL, PRIVATE
SETBACK
SHORE YARD
SHORELAND LOT
SIGN
SIGNABLE AREA
SOIL MAPPING UNIT LINES
STABLE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
TEMPORARY STRUCTURE
TRAFFIC LANE
TRAILER PARK
USE
USE, CONDITIONAL
USE, PERMITTED
VENDING MACHINE
YARD
YARD, CORNER SIDE
YARD, FRONT
YARD, INTERIOR SIDE
YARD, REAR
YARD, SIDE
YARD, STREET
YARD, TRANSITIONAL
ZONING DISTRICT
Definitions. For the purposes of this chapter, the following definitions
shall be used:
A use or detached structure subordinate to the principal
use on a structure, land, or water and located on the same lot or
parcel serving a purpose customarily incidental to the principal use
or the principal structure. Accessory uses include, but are not limited
to, incidental repairs; gardening; guests', servants', owners', itinerant
agricultural laborers' quarters not for rent; private swimming pools;
and private emergency shelters.
Any premises, including, without limitation, adult bookstores
or adult motion-picture theaters. It further means any premises to
which public patrons or members are invited or admitted and which
are so physically arranged so as to provide booths, cubicles, rooms,
compartments, or stalls separate from the common area of the premises
for the purposes of viewing adult-oriented motion pictures, or wherein
an entertainer provides adult entertainment to a member of the public,
a patron, or a member, whether or such adult entertainment is held,
conducted, operated, or maintained for a profit, direct or indirect.
"Adult-oriented establishment" further includes, without limitation,
any premises physically arranged and used as such whether advertised
or represented as an adult entertainment studio, rap studio, exotic
dance studio, encounter studio, sensitivity studio, modeling studio,
or any other term of like import.[1]
Anything constructed or erected, either freestanding or attached
to the outside of a building, for the purpose of conveying information,
knowledge or ideas to the public about a subject either related or
unrelated to the premises upon which located.
A structure designed and constructed to store farm implements
or hay, grain, poultry, livestock, fruit, and other raw agricultural
products directly associated with permitted uses of the same parcel
upon which the structure is located. Controlled atmosphere and cold
storage warehouses are not agricultural structures. The term "agricultural
structure" shall not include storage buildings used for any nonagricultural
business or industry; the storage of vehicles or personal items other
than farm implements; structures used for retail sales and services;
or those structures to be used for human habitation. A structure designed
for personal storage and agricultural use shall not be included in
the term "agricultural structure."
[Added 4-9-2019 by Ord.
No. 2019-3 (Attachment A)]
Any airport which complies with the definition contained
in § 114.002(7), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.
A way which affords only a secondary means of access to abutting
property and which is not more than 24 feet wide.
A unit of measure used to determine the total number of a
single animal type or a combination of animals types which are allowed
to be kept, fed, confined or stabled on a property located in the
RC-1: Rural Cluster Residential Overlay District and AG-1: Agricultural
Zoning Districts (but not applicable in the AE: Agricultural Enterprise
District), where one animal unit equals the following:
[Added 3-10-2015 by Ord.
No. 2015-01 (Exhibit "B")]
|
Animal Type
|
Number of Animals Equal to One Animal Unit
|
|---|---|
|
Cattle, buffalo or other livestock
|
1
|
|
Horse, mule or donkey
|
1
|
|
Pony or small horse (less than 35 inches at withers)
|
3
|
|
Swine
|
5
|
|
Goat, sheep, llama, alpaca, emu or ostrich
|
5
|
|
Poultry
|
50
|
|
Mink, rabbit or other fur-bearing animals
|
50
|
A portion of a residential or commercial building used as
a separate housing unit.
See "dwelling, multiple."
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways
and parkways.
The full market value placed upon the structure or lot by
the Town Assessor as of the date that the nonconformity came into
being. Such valuation by the Town Assessor shall be prima facie evidence
of the assessed value of the structure or lot.
Any properly zoned premises on which any inoperable or unlicensed
automotive vehicles are stored in the open.[2]
A nonilluminated, elongated fabric used for temporary display
for the announcement of a coming event.
A story partly underground but having at least 1/2 of its
height, or more than five feet, below the mean level of the adjoining
ground. See Chs. SPS 320, 321 and 322, Wis. Adm. Code.
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for four or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
Any structure designed for the purpose of protecting or storing
boats for noncommercial purposes. Boathouses shall not be used for
human habitation.
Any structure have a roof supported by columns or walls used
or intended to be used for the shelter or enclosure of persons, animals,
equipment, machinery or materials.
The total living area bounded by the exterior walls of a
building, all the floor levels, but not including basement, utility
areas, garages, porches, breezeways, and unfinished attics.
Any change or rearrangement of the supporting members such
as bearing walls, beams, columns or girders of a building, an addition
to a building, or movement of a building from one location to another.
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
The vertical distance from the mean elevation of a finished
grade along the front of the building to the highest point of a flat
roof, or to the deckline of a mansard roof, or to the mean height
between eaves and ridge for gable, hip or gambrel roofs.
A building in which is conducted the main use of the lot
on which said building is located.
A boundary line established along any section of the shore
of any navigable waters by a municipal ordinance approved by the State
Department of Natural Resources, pursuant to § 30.11, Wis.
Stats. Filling and development is only permitted to the landward side
of such bulkhead line.
Includes the commercial, limited industrial and general industrial
uses and districts as herein defined.
See "garage."
A line connecting points on highways from which setback lines
shall be measured at any point on the highway.
A natural or artificial watercourse of perceptible extent,
with definite bed and banks to confine and conduct continuously or
periodically flowing water. Channel flow, thus, is that water which
is flowing within the limits of the defined channel.
A building used by a group of doctors for the medical examination
or treatment of persons on an outpatient or nonboarding basis only.
A building owned, leased or hired by a nonprofit association
of persons who are bona fide members, the use of which is restricted
to said members and their guests.
The following facilities licensed or operated, or permitted
under the authority of Wisconsin Statutes: Child welfare agencies
under § 48.60, Wis. Stats., group homes under § 48.02(7),
Wis. Stats., and community-based residential facilities under § 50.01,
Wis. Stats.; but does not include nursing homes, general hospitals,
special hospitals, prisons and jails. The establishment of a community
living arrangement shall be in conformity with applicable sections
of the Wisconsin Statutes, including §§ 46.03(22),
62.23(7)(i), and 62.23(7a), Wis. Stats., and amendments thereto, and
also the Wisconsin Administrative Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A use of land, water or building which is allowable only
after the issuance of a special permit by the Town Board under conditions
specified in this chapter.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
An open, unoccupied space other than a yard, on the same
lot with a building, and which is bounded on two sides by the building.
Any interruption or break in the line of a street curb in
order to connect a driveway to a street or otherwise to provide vehicular
access to abutting property.
The level of the established curb in the front of the building
measured at the center of such front.
A place or home which provides care for four or more children
under the age of seven years for less than 24 hours a day and is licensed
as provided for in § 48.65, Wis. Stats.
A part or parts of the Town for which the regulation of this
chapter governing the use and location of land and buildings are uniform.
A canine five months or older is considered a "dog."
A structure with four sides, a waterproof roof, and a floor
used for keeping dogs.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A group of two or more multifamily dwellings occupying a
lot in one ownership with any two or more dwellings having any yard
or court in common.
One or more rooms in a dwelling, which is designed, occupied,
or intended for occupancy as separate living quarters, with an individual
entrance, cooking, sleeping and sanitary facilities provided within
the dwelling unit for the exclusive use of one household.
[Amended 3-10-2015 by Ord. No. 2015-01 (Exhibit "B")]
DWELLING UNIT, ACCESSORY (ATTACHED)A second dwelling unit, including separate kitchen, sleeping and sanitation facilities, and entrance, within or on a lot with a primary residence. The second unit shares one or more common or abutting walls, and is created auxiliary to and is always smaller than the primary residence.
DWELLING UNIT, ACCESSORY (DETACHED)A second dwelling unit, including separate kitchen, sleeping, and sanitation facilities, on a lot with a primary residence. The second unit is created auxiliary to and is always smaller than the primary residence.
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums.
A building designed, arranged or used for and occupied exclusively
by one family, whether attached, detached or semiattached. Shall include
specially designed buildings covered by earth and manufactured homes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A building designed, arranged or used for, or occupied exclusively
by, two families living independently of each other.
Public or private enclosures designed to protect people from
aerial, radiological, biological or chemical warfare; fire; flood;
windstorm; riots; or invasions.
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface, or overhead
gas, electrical, steam, water, sanitary sewage, stormwater drainage,
and communication systems and accessories thereto, such as service
poles, wires, mains, drains, vaults, culverts, laterals, sewers, pipes,
catch basins, water storage tanks, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, pumps, lift stations, and hydrants,
but not including buildings.
The body of persons related by blood, marriage or adoption,
or not more than four unrelated persons who live together in one dwelling
unit as a single housekeeping entity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Persons related by blood, adoption or marriage, and extending
to parents and children, brothers and sisters, and grandparents.
Land consisting of 35 acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale, or are rented to others for such purposes or are enrolled
in federal or state conservancy or set-aside programs.
Any person who owns land and raises crops or livestock on
that land; or a person who rents land to another for agricultural
purposes and who lives on the land having day-to-day contact with
the farm operation; or a person who lives on land that he/she has
historically farmed. For the purpose of this chapter, any person who
has farmed land for five consecutive years is deemed to have farmed
it historically.
A small farm of over five acres but less than 35 acres, created
by a land division involving existing farm buildings as part of a
farm consolidation, and typically used for hobby farming or other
small-scale agricultural endeavors.
Devices generally made of flexible materials, such as cloth,
paper, or plastic and displayed on strings or wires.
The sum of the gross horizontal areas of the several floors
of a dwelling unit, exclusive of porches, balconies, garages, basements
and cellars, measured from the exterior faces of the exterior walls
or from the center lines of walls or portions separating dwelling
units. For uses other than residential, the floor area shall be measured
from the exterior faces of the exterior walls or from the center line
of walls or partitions separating such uses, and shall include all
floors, lofts, balconies, mezzanines, cellars, basements and similar
areas devoted to such uses.
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
The smallest dimension of a lot abutting on a public street
measured along the street line.
An accessory building or portion thereof used exclusively
for parking or temporary storage of self-propelled vehicles.
A building other than a private or storage garage used for
the care, repair or storage of self-propelled vehicles or where such
vehicles are left for remuneration, hire or sale. This includes premises
commonly known as "gasoline stations" or "service stations."
Any building or premises used for the storage only of motor-driven
vehicles or motor-driven machinery, pursuant to previous arrangements
and not to transients, and where no equipment, parts, fuel, grease
or oil is sold.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances; sale of motor vehicle accessories; and which
may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such vehicles.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
Any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building thereto and meeting the standards of § 295-39.
An establishment to operate a facility housing horses where
grooming, breeding, boarding, training, or selling of horses is conducted
as a business.
A building occupied as the more or less temporary abiding
place of individuals who are lodged, with or without meals, and in
which there are more than six sleeping rooms, usually occupied singly,
and no provision made for cooking in the individual apartments.
A non-self-propelled vehicle, containing living or sleeping
accommodations which is designed and used for highway travel.
An open space where waste, used or secondhand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled,
including, but not limited to, scrap iron and other metals, paper,
rags, rubber, tires and bottles. A junkyard also includes an auto
wrecking yard, but does not include uses established entirely within
enclosed buildings.
Commercial. An establishment licensed to operate a facility
housing dogs, cats or other household pets where grooming, breeding,
boarding, training, or selling of animals is conducted as a business.
Private. Any building(s) or land designated or arranged for
the care of dogs and cats belonging to the owner of the principle
use, kept for purpose of show, breeding, hunting, or as pets.
Boarding kennel. A facility housing dogs, cats or other household
pets where boarding, grooming, breeding or training is conducted,
either for profit or not, primarily for animals not owned by the operator.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers having adequate ingress
and egress to a public street or alley.
A parcel of land having frontage on a public street, occupied
or intended to be occupied by a principal structure or use, and sufficient
in size to meet the lot width, lot frontage, lot area, yard, parking
area and other open space provisions of this chapter.
A lot located:
At the junction of and abutting two or more intersecting streets;
or
At the junction of and abutting a street and the nearest shoreline
or high-water line of a storm or floodwater runoff channel or basin;
or
At the junction of and abutting two or more storm or floodwater
runoff channels or basins; or
At and abutting the point of abrupt change of a single street
where the interior angle is less than 135° and the radius of the
street is less than 100 feet.
The average distance from the front to the rear lot lines
measured in the general direction of the side lot lines.
A lot other than a corner lot.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The distance between side lines of the lot at the building
line. In the case of a shoreland lot, the lot width is the width of
the lot 75 feet from the waterline.
A corner lot, the street side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
A lot having a pair of opposite lot lines along two or more
parallel public streets and which is not a corner lot. On a through
lot, both street lines shall be deemed front lot lines.
A single tract of land located within a single block which,
at the time of filing for a building permit, is designated by its
owner or developer as a tract to be used, developed, or built upon
as a unit under single ownership or control.
A dwelling structure or component thereof as is defined in
the Wisconsin Administrative Code Uniform Dwelling Code § SPS
320.07(52m), which bears the Wisconsin Department of Safety and Professional
Services insignia, certifying that it has been inspected and found
to be in compliance with Subchapter V of said Uniform Dwelling Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A dwelling structure or component thereof fabricated in an
off-site manufacturing facility for installation or assembly at the
building site which is certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426, which, when placed
on the site:
Is set on an enclosed continuous foundation in accordance with
Ch. SPS 321, Subchapters III, IV, and V, Wis. Adm. Code, or is set
on a comparable enclosed continuous foundation system approved by
the Building Inspector, who may require a plan for such foundation
to be certified by a registered architect or engineer to ensure proper
support for such structure;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities; and
Meets other applicable standards of this chapter.
A rooflike structure of permanent nature which projects from
the wall of a building.
Any small, movable accessory erection or construction, such
as birdhouses, toolsheds, pet houses, play equipment, arbors, walls
and fences under four feet in height, and name, occupation and warning
signs less than four square feet in area.
A transportable, factory-built structure, being eight feet
or more in width (not including roof overhang) or 32 feet or more
in length (not including roof overhang), designed for long-term occupancy,
built prior to enactment of the Federal Manufactured Housing Construction
and Safety Standards Act of 1974,[3] which became effective June 15, 1976, and which is, or
was as originally constructed, designed to be transported by any motor
vehicle upon a public highway, and designed, equipped and used primarily
for sleeping, eating and living quarters, or is intended to be so
used; including any additions, attachments, annexes, foundations and
appurtenances. In the purpose of this chapter, a mobile home shall
remain classified as a mobile home regardless of whether its wheels
or other rolling devices have been removed or not, and even though
assessable value of additions, attachments, annexes, foundations and
appurtenances or other added investments to the mobile home equal
or exceed 50% of the assessable value of the mobile home. Excluded
from this definition are manufactured homes as defined above.
Any plot or tract of ground upon which two or more mobile
homes, occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodations.
A series of attached, semiattached or detached sleeping units
for the accommodation of transient guests.
A building or area in which freight brought by motor truck
is assembled and/or stored for routing in intrastate and interstate
shipment by motor truck.
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer
propelled or drawn by mechanical power.
Any building or structure lawfully erected at the time of
the enactment of this chapter which does not comply with all of the
regulations of this chapter or of any amendment hereto regulating
any building or structure for the zoning district in which such building
or structure is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A "nonconforming or substandard lot" is defined as a parcel
of land legally created prior to the effective date of this chapter
or subsequent amendments thereto having frontage on a public street
or approved way, or intended to be occupied by a principal building
or structure, together with accessory buildings and uses having insufficient
size to meet the lot width, lot area, or other related provisions
of this chapter.
Any use of land, buildings or structures lawfully in use
at the time of the enactment of this chapter which does not comply
with all of the regulations of this chapter or of any amendment hereto
governing use for the zoning district in which such use is located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the areola, or the human male genitals
in a discernible turgid state even if completely or opaquely covered.
An injurious effect on the safety, health, or morals of the
public, or use of property which works some substantial annoyance,
inconvenience, or injury to the public and which causes hurt, inconvenience
or damage.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants, and including all accessory buildings.
Any building used routinely for the daytime care and education
of preschool-age children, and including all accessory buildings and
play areas other than the child's own home or the homes of relatives
or guardians.
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
Signs which are intended to advertise places of business
not located on the same parcel or landownership as the off-premises
sign.
Zoning requirements that are described in this chapter's
text, mapped, and is imposed in addition to those of the underlying
district. Developments within the overlay zone must conform to the
requirements of both zones or the more restrictive of the two.
An open area other than a street, alley or place used for
temporary parking of more than four self-propelled vehicles and available
for public uses, whether free, for compensation, or as an accommodation
for clients or customers.
An off-street space available for the parking of a motor
vehicle and which is exclusive of passageways and driveways, appurtenant
thereto and giving access thereto.
Includes all abutting property owners, all property owners
within 500 feet, and all property owners of opposite frontages.
A boundary line established along any section of the shore
of any navigable waters by a municipal ordinance approved by the State
Department of Natural Resources, pursuant to § 30.13, Wis.
Stats. Piers and wharves are only permitted to the landward side of
such pierhead line unless a permit has been obtained pursuant to § 30.12(3),
Wis. Stats.
An open unoccupied space other than a street or alley, permanently
reserved as the principal means of access to abutting property.
A tract of land which contains or will contain two or more
principal buildings, developed under single ownership or control,
the development of which is unique and of a substantially different
character than that of surrounding areas.
The main use of land or structure as distinguished from a
secondary or accessory use. Such use could be a dwelling in a residential
district, a store in a business district, a factory in an industrial
district, or crops or farm buildings or farm dwellings in an agricultural
district. A principal use may be permitted or conditional.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The office of a doctor, practitioner, clergy, dentist, architect, landscape architect, professional engineer, lawyer, author, musician, beauty parlor or barbershop or other recognized profession meeting the standards in § 295-39. When established in a commercial district, a beauty parlor shall be limited to three licensed operators working at any one time, and a barbershop to two licensed barbers operating in not to exceed two barber chairs at any one time; and provided further that a beauty parlor or barbershop shall not occupy over 500 square feet of floor area, including lavatories and waiting room, and only one unlighted name plate not exceeding four square feet in area, containing the name and profession of the occupant of the premises shall be exhibited.
The lines bounding a platted lot as defined herein.
Any sidewalk, street, alley, highway or other public thoroughfare.
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
Any of the following, whether it is dependent (requires camp
facilities for toilet and lavatory) or self-contained (can operate
independent of connections to sewer, water and electrical systems:
Camping trailer. A canvas or folding structure mounted on wheels
and designed for travel, recreation and vacation use.
Motor home. A portable temporary dwelling to be used for travel,
recreation and vacation, constructed as an integral part of a self-propelled
vehicle.
Pickup coach. A structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation and
vacation.
Travel trailer. A vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel, recreational
and vacation uses and permanently identified as a "travel trailer"
by the manufacturer of the trailer.
Tent. A portable lodge of canvas or strong cloth stretched and
sustained by poles.
Unclassified uses. Any similar vehicle, unit, etc., which is
less than 45 feet in length.
A pond-type facility which provides for storage of stormwater
runoff and controlled release of this runoff during and after a flood
or storm.
A public right-of-way, not less than 50 feet wide, providing
primary access to abutting properties.
A structure not permanently fixed to the ground that is readily
removable in its entirety covered or uncovered and not wholly enclosed,
and used solely for the sale of farm products produced on the premises.
No such roadside stand shall be more than 50 square feet in ground
area, and there shall not be more than one roadside stand on any one
premises.
A constructed conduit for the collection and carrying of
liquid and solid sewage wastes from two or more premises, other than
stormwater, to a sewage treatment plant, and which is approved by
the Wisconsin Department of Natural Resources.
A school limited to special instruction, such as business,
art, music, trades, handicraft, dancing or riding.
An elementary or intermediate school other than a parochial
school giving regular instruction capable of meeting the requirements
of state compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds, but not including a school for mentally disabled
persons or a college or other institution of higher learning.
Lines established along highways at specified distances from
the center line, which permitted buildings or structures shall be
set back of, or outside of, and within which they may not be placed
except as hereinafter provided. "Within the setback lines" means between
the setback line and the highway.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the high-water
mark of the lake or stream upon which the lot abuts and a line parallel
thereto through the nearest point of the principal structure.
A lot abutting a lake or stream. Normally the lot abuts a
street on one side, the lake or stream on the opposite side, and the
remaining lot lines are side lot lines. The aforedescribed lot has
no rear lot line. If, however, the lake or stream abuts the lot on
the lot line perpendicular to the street, that lot has only one side
lot line and a rear lot line opposite the lot line abutting the street.
Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal or similar organization, or any sign indicating address. Each display surface of a sign shall be considered a sign. Signs are further defined in § 295-52.[4]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The signable area of a building is estimated as the area
of the facade of the building facing or abutting upon a street right-of-way
up to the ceiling line of the top floor and which is free of windows
and doors or major architectural detail on which signs may be displayed.
The boundaries of soils shown on the operational soil survey
maps prepared by the Natural Resources Conservation Service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An accessory building or structure in which horses are kept
for commercial use, including boarding, training, riding, hire, and
sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the bearing walls, columns, beams, girders,
or supporting members of a structure; any change or rearrangement
in the floor area of a building, any enlargement of a structure whether
by extending horizontally or by increasing in height, and/or any movement
of a structure from one location or position to another.
Anything constructed or erected, the use of which requires
a more or less permanent location on or in the ground. Includes but
is not limited to objects such as buildings, factories, sheds, cabins,
wells, septic tanks and disposal fields.
A structure which is built of such materials and in such
a way that it would commonly be expected to have a relatively short
useful life, or is built for a purpose that would commonly be expected
to be relatively short-term and not to be habitable.[5]
A strip of roadway intended to accommodate a single lane
of moving vehicles.
Any lot on which are parked two or more house trailers or
mobile homes for longer than 48 hours.
The use of property is the purpose or activity for which
the land or building thereon is designed, arranged or intended, or
for which it is occupied or maintained, and shall include any manner
of standards of this chapter.
See "conditional use," above.
A use which may be lawfully established in a particular district
or districts, provided it conforms to all requirements, regulations
and performance standards, if any, of such districts.[6]
A retail business device, electrically or manually operated,
used by the general public to obtain dairy products, cigarettes, foodstuffs
or other merchandise without entering a public shop, store, market
or other such building.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward, except for vegetation as
permitted. The front and rear yards extend the full width of the lot.
A side yard which adjoins a public street.
A yard extending along the full length of the front lot line
between the side lot lines.
A side yard which is located immediately adjacent to another
zoning lot or to an alley separating such yard from another zoning
lot.
A yard extending along the full length of the rear lot line
between the side lot lines.
A yard extending along a side lot line from the front yard
to the rear yard.
Yard abutting a street.
That yard which must be provided on a zoning lot in a business
district which adjoins a zoning lot in a residential district, or
that yard which must be provided on a zoning lot in an industrial
district which adjoins a zoning lot in either a residential or business
district.
An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of buildings
and premises are uniform.
