[9-4-2018]
This chapter shall be known, cited, and referred to as the City
of Monroe Zoning Ordinance, except where as referred to herein, where
it shall be known as "this chapter."
This chapter is enacted pursuant to the authority granted by
the State of Wisconsin Statutes. Specific statutory references are
provided within the body of this chapter solely as a means of assisting
the reader. Such references are not to be considered as all-inclusive
and shall in no manner be construed so as to limit the application
or interpretation of this chapter. State Law References: Section 62.23(7),
62.231, 87.30, Wisconsin Statutes.
This chapter is adopted for the purpose of protecting the health,
safety, morals, comfort, convenience, and general welfare of the public.
This chapter is designed to control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers; to promote adequate
light and air; to protect groundwater resources; to prevent the overcrowding
of land; to avoid undue concentration of population; to preserve,
protect, and promote property values; to facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other public
facilities; and to preserve burial sites as defined in Sec. 157.70(1)(b),
Wisconsin Statutes. It is also the intent of this chapter is to implement
certain goals and objectives of the City of Monroe Comprehensive Plan,
which are best addressed through zoning approaches, as enabled by
Wisconsin Statutes.
It is hereby declared to be the intention of the City of Monroe
Common Council that provisions of this chapter are separable in accordance
with the following:
(1)
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provisions of this chapter not specifically included in said
judgment.
(2)
If any court of competent jurisdiction shall adjudge invalid the
application of any portion of this chapter to a particular property,
water, building, or structure, such judgment shall not affect the
application of said provision to any other property, water, building,
or structure not specifically included in said judgment.
(3)
If any requirement or limitation attached to an authorization given
under this chapter is found invalid, it shall be presumed that the
authorization would not have been granted without the requirement
or limitation and, therefore, said authorization shall also be invalid.
(4)
The City does not guarantee, warrant, or represent that only those
areas designated as floodplain will be subject to periodic inundation
and hereby asserts that there is no liability on the part of the City,
its officers, employees, agents, or representatives for any flood
damages, sanitation problems, or structural damages.
It is not intended that this chapter abrogate or interfere with
any constitutionally protected vested right. It is also not intended
that this chapter abrogate, repeal, annul, impair, or interfere with
any existing easements, covenants, deed restrictions, agreements,
rules, regulations, or permits previously adopted or issued pursuant
to law.
(1)
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals, and welfare.
(2)
Where property is affected by the regulations imposed by any provision
of this chapter and by other governmental regulations, the regulations
which are more restrictive or which impose higher standards or requirements
shall prevail. Regardless of any other provision of this chapter,
no land shall be developed or used, and no structure erected or maintained,
in violation of any state or federal regulations. Where there are
conflicts between or among regulations within this chapter, the regulations
that are more restrictive or which impose higher standards or requirements
shall prevail. In all instances, where there are conflicts between
the text of this chapter and any tables or figures of this chapter,
the text shall prevail.
(3)
No structure, land, water, or air shall hereafter be used, and no
structure or part thereof shall hereafter be located, erected, moved,
reconstructed, extended, enlarged, converted, or structurally altered
without a building permit, except structures not requiring a building
permit (e.g., swing set, clothesline, etc.), and without full compliance
with the provisions of this chapter and all other applicable local,
county, and state regulations.
(4)
Nothing herein contained shall require any changes in plans, construction,
size, or designated use of any building or part thereof for which
a building permit has been issued before the effective date of this
Title 5, and the construction of which shall have been started within
one year from the date of such permit.
(5)
Except as provided in this chapter, under provisions for nonconforming uses, nonconforming developments, substandard lots, and nonconforming structures and buildings (see Chapter 5), no building, structure, development, or premises shall be hereinafter used or occupied, and no applicable permit granted, that does not conform to the requirements of this chapter.
(6)
In cases of mixed occupancy or mixed-use buildings, the regulations
for each land use shall apply to the portion of the structure or land
so occupied or so used. In the case of buildings containing both residential
and nonresidential uses, the density, intensity, and bulk standards
for nonresidential buildings shall apply.
(7)
Except for outlots authorized under Title 6, Subdivision Regulations,
to contain permanently protected green space area, no yard or other
open space area shall be considered as providing a yard or open space
for a building or structure on any other lot.
This chapter is applicable to all territory located within the
corporate limits of the City of Monroe, all areas within the extraterritorial
jurisdiction of the City of Monroe, and all areas where boundary agreements
are in place.
This chapter shall become effective upon passage and publication
according to law, following the date of repeal and recreation of the
Official Zoning Map. All plans approved under previous zoning regulations
shall be valid and may be used to obtain permits for a period of not
more than one year after the effective date of this Title 5, except
where subject to developer agreement provisions such as planned developments.
(1)
All sections of this chapter are applied to all properties, all development
activity, and all uses of land and property within the City of Monroe
and extraterritorial jurisdiction. Beyond this chapter, these kinds
of activities are subject to all City, state, and federal requirements.
(3)
Where questions of applicability arise, the interpretation of applicability
falls under the duties of the Zoning Administrator.
The interpretation of this chapter shall abide by the provisions
and rules of this section, except where the context clearly requires
otherwise, or where the result would clearly be inconsistent with
the apparent intent of this chapter.
(1)
Words used or defined in one tense or form shall include other tenses
and derivative forms.
(2)
Words in the singular number shall include the plural number, and
words in the plural number shall include the single number.
(3)
The masculine gender shall include the feminine, and vice versa.
(4)
The words "shall," "must," and "will" are mandatory.
(5)
The words "may," "can," and "might" are permissive.
(6)
The word "person" includes individuals, firms, corporations, partnerships,
associations, trusts, and any other legal entity.
(7)
The word "City" shall mean the City of Monroe, Wisconsin.
(8)
The word "county" shall mean the County of Green, Wisconsin.
(9)
The word "state" shall mean the State of Wisconsin.
(10)
The words "Plan Commission" shall mean the City of Monroe Plan
Commission.
(11)
The word "Council" shall refer to the City of Monroe Common
Council.
(12)
The words "Board" or "Board of Appeals" shall refer to the City
of Monroe Zoning Board of Appeals.
(13)
If there is any ambiguity between the text of this chapter and
any illustration or figure, the text shall control.
The following abbreviations in this chapter are intended to
have the following meanings:
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Abbreviation
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Meaning
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|---|---|
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ft
|
Foot
|
|
N/A
|
Not applicable
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sq. ft.
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Square feet
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|
Wis. Stats.
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Wisconsin Statutes
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The following words, terms and phrases, wherever they occur in this Title 5, shall have the meanings ascribed to them by this section. If a term used in this Title 5 is not defined in this section or elsewhere in this chapter, the definition of said term will be provided by the Zoning Administrator, based on professional sources available including the American Planning Association and Urban Land Institute. For definitions of specific land uses, refer to Chapter 3. For definitions of specific sign types, refer to Chapter 9. Definitions provided by this section include:
A means of providing vehicular or nonvehicular egress from
or ingress to a property, public right-of-way, or private roadway.
An accessory structure which is physically connected to the
principal building. Attached accessory structures shall be considered
part of the principal structure and are subject to the setback standards
for principal structures.
An accessory structure which is not physically connected
to the principal building. A minor attachment does not render an accessory
structure attached. Examples of minor attachments include, but are
not limited to, decks 18 inches or less above grade, arbors and fences,
and similar open unclosed structures such as breezeways over the pedestrian
pathway between structures and no wider than five feet.
See Chapter 3. A structure or combination of structures that: (1) are located on the same lot, tract, or development parcel as the primary nonresidential building; (2) are clearly incidental to and customarily found in connection with a primary building or use; and (3) are subordinate to and serving a primary building or use.
See Chapter 3. Structures accessory to a residential use including but not limited to structures used to shelter parked passenger vehicles (including garages and carports), structures used to store residential maintenance equipment of the subject property, workshops, kennels, boathouses, and pool houses. Residential accessory structures may be attached or detached from the principal residential structure.
A use subordinate to the principal use of a building or lot
and serving a purpose customarily incidental to the principal land
use. Accessory uses in residential districts shall not involve the
conduct of any business, trade, or industry, except as defined as
a "home occupation" and shall not include the boarding of animals
or the keeping of fowl or farm animals (except pets or as otherwise
permitted by the Municipal Code).
43,560 square feet.
Adapting an existing building originally designed for an
institutional, quasipublic, public or other specific/special purpose
to a new use.
Any construction that increases the size of a building or
structure in terms of site coverage, height, length, width, or gross
floor area.
The number or other designation assigned by the City to a
housing unit, business establishment, or other structure or site for
purposes of mail delivery, emergency services, and so forth.
A person authorized in writing by the property owner to represent
and act for a property owner in contacts with City employees, committees,
commissions, and the Common Council, regarding matters regulated by
the Zoning Ordinance.
Any area of land designated, set aside, used, or intended
for use, for the landing and take-off of aircraft, and any appurtenant
areas designated, set aside, used, or intended for use, for airport
buildings or other airport facilities, rights-of-way, or approach
zones, together with all airport buildings and facilities located
thereon.
Any structure, object, or natural growth, or use of land
which obstructs the airspace required for the flight of aircraft in
landing or taking off at an airport or is otherwise hazardous to such
landing and taking off.
A large-scale facility devoted primarily to production of
fermented malt beverages at or above 300,000 barrels per calendar
year (or as established by Wis. Stats. 125.29), or the production
of wine, distilled spirits, or any other alcoholic beverage at or
above 25,000 gallons per calendar year. Such facilities may include
indoor or outdoor tasting or sampling facilities for products produced
on-site and sale of other products directly related to on-site activities.
A small-scale facility devoted primarily to production of
fermented malt beverages at a level of less than 300,000 barrels per
calendar year, or the production of less than 25,000 gallons of wine,
distilled spirits, or any other alcoholic beverage per calendar year.
Such facilities may include tasting or sampling facilities for products
produced on-site and sale of other products directly related to on-site
activities.
A minor public right-of-way/street or thoroughfare providing
secondary access to a property. Alley access does not constitute frontage
for the purposes of minimum lot frontage.
Any change, addition, or modification in construction (other
than repair/maintenance), or any change in the structural members
of buildings such as load-bearing walls, columns, beams, girders,
etc.
A measure which represents a common denominator for the purpose
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the maximum 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 figure indicates
the number of common farm species which comprise a single animal unit:
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Figure 5-1-22a: Animal Units
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|---|---|---|---|---|---|
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Type of Livestock
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Number of Animals/Animal Unit
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Type of Livestock
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Number of Animals/Animal Unit
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Type of Livestock
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Number of Animals/Animal Unit
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Horse (>2 yrs)
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1
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Calves (<1 yr)
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5
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Lambs
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14
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Colt (<2 yrs)
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2
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Brood sow or boar
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2
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Chickens - egg layers
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30
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Cattle (>2 yrs)
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1
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Hogs (up to 220 lbs)
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3
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Chickens - fryers
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60
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|
Cattle (<2 yrs)
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2
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Sheep
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10
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Turkeys
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50
|
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Source: The Stockman's Handbook
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A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 5-10-42.
Any state trunk highway within the corporate limits of the
City.
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys, or other public
ways.
A shielding or decorative fixture attached to a structure
and extending from the face of the structure that is permanent in
nature, which may be fixed or retractable.
A platform that is attached to and projects from the wall
of a principal building and is surrounded by a railing or balustrade.
This definition is different and separate from a porch, deck, fire
escape, etc.
That portion of a building between the floor and ceiling,
having at least 1/2 of its height below grade.
An earthen mound designed to provide visual interest on a
site, screen undesirable views, reduce noise, or fulfill other such
purposes.
The property abutting the street between the two nearest
intersecting or intercepting streets. A railroad right-of-way, the
boundary line of unsubdivided acreage, or a body of water shall be
regarded the same as an intersecting or intercepting street for the
purpose of defining a "block."
A vehicle designed for operation as a watercraft propelled
by oars, sails, or engine(s).
A structure used for the storage of watercraft and associated
materials which has one or more walls or sides.
Any permitted combination of distance, vegetation, fencing,
and berming which results in a reduction of visual, noise and other
interaction with an adjoining property.
The area remaining on a lot after the minimum setback, drainage
provisions, and other site constraint requirements of this Title 5
have been met.
The depth of the lot left to be built upon after the front
and rear yards are provided.
The width of the lot left to be built upon after the side
yards are provided.
A structure with a permanent location on the land, having
a roof that may provide shelter, support, protection, or enclosure
of persons, animals, or property of any kind.
The percentage of a lot covered by principal and accessory
buildings or structures.
The outline of the total area covered by a building's
perimeter at the ground level.
The vertical distance from the established grade to (a) the
highest point of a flat roof; (b) the deck line of a mansard roof;
or (c) the average height between eaves and ridge for a gable, hip,
and gambrel roof.
The narrowest distance between two buildings (see "minimum
building separation").
A building in which the main or principal use of the lot
is conducted.
The combination of building height, size, and location on
a lot.
A measurement of the size of a tree equal to the diameter
of its trunk measurement four foot above natural grade.
A structure or sign attached and extending from the face
of a building, constructed as a permanent fixture.
The maximum lawful level of designed use of any structure,
or part thereof, as determined by the City's adopted building
code and expressed in terms of occupants, seats, persons, employees,
or other units specified by the building code.
Structures and facilities owned or operated by a corporation,
association, person, or persons, for a social, educational, or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business.
The long-range master plan for the desirable use and development
of land in the City as officially adopted and as amended from time
to time by the Commission and certified to the Council.
A use which may be appropriate or desirable in a specific
zone but requires special approval because if not carefully located
or designed, said use may not be deemed compatible with neighborhood
uses or may create special problems.
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with separate interest in space. A condominium may include,
in addition, separate interest in other portions of such property.
An open space within one lot which is surrounded by structures
on more than 50% of its perimeter.
A contract between two or more parties which constitutes
a restriction of a particular parcel of land.
An uncovered and open platform built above grade and attached
to a principal or accessory building, typically supported by pillars
or posts. Decks are considered to be part of a building or structure.
Setbacks shall be measured from the outermost portion of the deck.
A term used to describe the number of dwelling units per
acre.
A guideline/specification or set of guidelines/specifications
regarding the architectural appearance of a building or improvement
that governs the alteration, construction, demolition, or relocation
of a building or improvement.
That area which is made up of physical property improvements
including but not limited to structures, parking, drives, signage
and utility features.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; the primary or principal
use or change in primary or principal use of any buildings or land;
any extension of any use of land; deposition of materials; or any
clearing, grading, or other movement of land, for which permission
may be required pursuant to this chapter.
A structural element of a house that protrudes from the plane
of a sloping roof surface. Dormers are used to create usable space
in the roof of a building by adding headroom and usually also by enabling
addition of windows.
A private roadway providing access to a public right-of-way.
A building or one or more portions thereof, containing one
or more dwelling units, but not including habitations provided in
nonresidential uses such as lodging uses and commercial campgrounds.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
A dwelling entirely surrounded by open space on the same
lot.
Written authorization, recorded in the Register of Deeds
office, from a landowner authorizing another party to use any designated
part of the land owner's property for a specified purpose.
The view of any building or other structure from any one
of four sides regardless of the configuration or orientation of a
building. Each elevation will generally be identified as a north,
south, east or west building elevation. Also see "facade."
The area outside of the City limits in which the City of
Monroe may exercise extraterritorial powers of planning, land division,
and/or zoning review.
The wall planes of a building which are visible from one
side or perspective (e.g., front, side, rear). See "elevation (building)."
A person living as an individual or any of the following
groups living together as a single nonprofit housekeeping unit and
sharing common living, sleeping, cooking and eating facilities:
Any number of people related by blood, marriage, domestic partnership,
legal adoption, guardianship or other duly-authorized custodial relationship;
Two unrelated adult individuals and the minor children of each.
For the purpose of this section, "children" means natural children,
grandchildren, legally adopted children, stepchildren, foster children,
or a ward as determined in a legal guardianship proceeding;
Three unrelated adult individuals;
Up to four unrelated persons who have disabilities/are disabled
or handicapped under the Fair Housing Amendment Act (FHAA) or the
Americans with Disabilities Act (ADA), are living as a single household
because of their disability, and require assistance from a caregiver.
This definition does not include those persons currently illegally
using or addicted to a "controlled substance" as defined in the Controlled
Substances Act, 21 U.S.C. § 802(6).
Up to two personal attendants who provide services for family
members or roomers who are disabled or handicapped under the Fair
Housing Amendment Act (FHAA) or the Americans with Disabilities Act
(ADA) and need assistance with the activities of daily living shall
be considered part of a family. Such services may include personal
care, housekeeping, meal preparation, laundry or companionship.
Any building, other than a dwelling unit, used for storing
agricultural equipment or farm produce or products, having livestock
or poultry, or processing dairy products.
Any artificially constructed barrier erected to separate,
enclose or screen areas of land.
A type of fence constructed of evenly spaced vertical boards
that are connected by two or more horizontal rails.
A fence, including solid entrance and exit gates, that is
least 90% opaque and that effectively conceals the materials stored
and operations conducted behind it from view.
A type of fence constructed of wooden beams or timber logs
(usually split lengthwise into rails) that are arranged in a manner
that allows for more than 75% of the fence's surface area to
be open for the free passage of light and air.
The sum of the gross horizontal areas of the floors of a
building, including interior balconies, mezzanines, basements, and
attached accessory buildings, stairs, escalators, unenclosed and enclosed
porches, heating and utility rooms, etc. Measurements shall be made
from the outside of the exterior walls and to the center of interior
walls dividing attached buildings.
The numerical value obtained by dividing the floor area of
a structure or structures by the lot area on which such structure(s)
are located.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
See "lot frontage."
An attached or detached building or structure, or part thereof,
used or designed to be used for the parking and storage of vehicles.
Garages are also commonly used to store other items associated with
the use of a lot such as yard maintenance and children's play
equipment.
The surface elevation of the ground or pavement at a stated
location as it exists prior to disturbance in preparation for a project
regulated by the ordinance.
The final elevation of the ground surface after man-made
alteration, such as grading, grubbing, filling or excavating have
been made and is part of an approved grading and drainage plan by
the City of Monroe.
An area landscaped with shrubs, trees, and other vegetative
groundcover.
The result of dividing the number of dwelling units located
on a site by the gross site area.
The total floor area inside the building envelope on all
levels of a building.
The total area of a single lot or the sum of multiple lots
in common use.
See § 5-7-2. Any development located on one lot and comprised of any single instance or any combination of the following development types:
One or more principal multifamily residential buildings with
24 or more residential units on the same lot.
Three or more principal structures on the same lot, whether
serving a single use or more than one use.
Any addition of principal buildings that increases the total
number of principal structures on the same lot to three or more.
Any building or site that meets one or more of the following
criteria: buildings or sites listed on the Wisconsin or National Register
of Historic Places, either individually or as a contributing building
or site to a historic district; buildings or sites with a State Historic
Preservation Officer opinion or certification that the property is
eligible to be listed on the State Register or National Register of
Historic Places, either individually or as a contributing building
or site to a historic district; or is locally designated as a local
landmark.
Surfaces that prohibit infiltration of stormwater. Homes,
buildings, and other structures with roofs, as well as concrete, brick,
stone, asphalt, gravel, and similar paved surfaces are considered
impervious.
A measure of the intensity of land use, determined by dividing
the total of all impervious surfaces on a site by the gross site area.
Any vacant lot or parcel within developed areas of the City,
where at least 80% of the land within a 300-foot radius of the site
has been developed; and where water, sewer, streets, schools, and
fire protection have already been developed and are provided. Annexed
areas located on the periphery of the City limits shall not be considered
infill sites.
A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross site area.
The percentage of the gross site area or lot area which is
preserved as permanently protected green space or landscaped area
in relation to the percentage of gross site or lot area included in
development.
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. The landscaped
area also includes the area located within planted and continually
maintained landscaped planters as well as subordinate accessory use
of other landscape elements such as mulch, river rock, etc.
See § 5-7-2. Any new development containing any single building in which the combined area of the building footprint exceeds 50,000 square feet. Does not include new additions of less than 50,000 square feet, or basements and penthouses when used primarily for storage and mechanical equipment.
A parcel of land in one ownership and not divided by a street
nor including any land within the limits of a public right-of-way.
The computed area contained within the lot lines of a recorded
lot, including land over which easements have been established.
The mean horizontal distance between the front and rear lot
lines.
The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the right-of-way.
All sides of a lot that abuts a street shall be considered lot frontage.
On curvilinear streets, the distance of the arc between the side lot
lines shall be considered the lot frontage.
A lot line is the legal property line (including the vertical
plane established by the line and the ground) 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 chapter.
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 frontages, the lot
line along the street with the shortest frontage distance shall be
the front lot line. (See also "lot line, street side"). See Figure
5-1-22b.
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 that have
frontage on more than one road or street, the rear lot line shall
be opposite the front lot line (shorter of the frontages). See Figure
5-1-22b.
Any lot line other than a front or rear lot lines. A side
lot line separating a lot from a street is called a side street lot
line. A side lot line separating a lot from another lot is called
an interior side lot line. See Figure 5-1-22b.
Any lot line which abuts a public or private street right-of-way
which is not the front lot line (see also "lot line, front"). See
Figure 5-1-22b.
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot line(s) at the required
front yard setback (see "minimum lot width").
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°. The point
of intersection of the street lines or their greatest angle is the
"corner."
Any lot which connects to a street, road, or other right-of-way
by a narrow appendage.
A lot other than a corner lot.
|
Figure 5-1-22b: Regular Lot Descriptions
 |
A lot having frontage on two parallel or approximately parallel
streets (also known as a "double-frontage lot"). See Figure 5-1-22b.
An activity that restores the character, scope, size, or
design of a serviceable area, structure, or land use to its previously
existing, undamaged condition. Activities that change the character,
size, or scope of a project beyond the original design or otherwise
alter a serviceable area, structure, or land use are not included
in this definition.
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 West 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 STH 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 16th Street;
That part of 20th Avenue that lies south of the intersection
with 6th Street and north of the intersection with 16th Street.
A one- or two-family home certified and labeled as a manufactured
home under 42 U.S.C. § 5401-5426 which when placed on the
site is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., and Subchapters III, IV, and V of Chapter COMM 21, Wis.
Adm. Code, or a comparable foundation as approved by the local building
services supervisor, is installed according to manufacturer's
instructions, is properly connected to utilities, has asphalt shingles
and a gable or hip roof, has insulated glass windows, has vinyl, aluminum
or other quality siding, and is a minimum of 22 feet wide.
Devices installed for a use appurtenant to the property,
structures, or principal use. Mechanical equipment includes, but is
not limited to, HVAC equipment, transformers, gas and electric meters,
utility-related equipment, exhaust fans external to buildings, louvers,
vents, and industrial process equipment.
The narrowest permitted building separation.
The lowest permitted landscape surface ratio (see "landscape
surface area ratio").
The minimum size lot permitted within the specified zoning
district.
The smallest permissible lot width for the applicable zoning
district.
The narrowest distance permitted from a street, side, or
rear property line to a structure.
Some combination of residential, commercial, industrial,
office, institutional, and/or other land uses within a district or
development.
A type of single-family dwelling unit suitable for year-round
occupancy designed to be towed as a single unit or in sections, with
or without a permanent foundation, with walls of rigid, uncollapsible
construction, and with water supply, sewage disposal, and electrical
convenience. A mobile home includes both a "mobile home" and a "manufactured
home" as defined by Wisconsin Statutes. A mobile home does not include
a "modular home" as defined by this chapter. Any similar dwelling
unit which has its own motor or remains on wheels shall be considered
a recreational vehicle.
A dwelling unit meeting the Uniform Building Code that is transported to the building site in sections, does not have a permanent chassis, and is permanently mounted on a permanent foundation. A modular home is regulated as a single-family dwelling unit under § 5-3-6(1).
A building or structure designed for three or more separate
dwelling units in which one dwelling unit may have a roof, wall, or
floor in common with another dwelling unit.
All-natural inland lakes, rivers, streams, ponds, sloughs,
flowages, and other waters within the territorial limits of Wisconsin,
including the Wisconsin portion of boundary waters. 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. For the purposes
of this chapter, 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.
Any building or other structure which was lawfully existing
under ordinances or regulations preceding this chapter, but which
would not conform to this chapter if the building or structure were
to be erected under the provisions of this chapter.
A lawful development approved under ordinances or regulations
preceding the effective date of this Title 5, but which would not
conform to this chapter if the development were to be created under
the current provisions of this chapter.
A nonconforming or substandard lot is a lot legally established
prior to the effective date of this Title 5 or subsequent applicable
amendments thereto which would not be permitted under the current
terms of this chapter.
A structure legally established prior to the effective date
of this Title 5 or subsequent applicable amendments thereto which
would not be permitted under the current terms of this chapter. Parking,
loading, access drives, and other paved areas are included in the
definition of "structure."
An active and actual use of land, buildings, or structures
which was lawfully existing prior to the enactment of this chapter
or amendments thereto, which has continued as the same or less intensive
use to the present, and which does not comply with the applicable
regulations of this chapter.
The individual uses including but not limited to "agricultural land uses," "institutional land uses," "commercial land uses," "industrial land uses," "storage land uses," "transportation land uses," "extraction and disposal land uses," and "energy production land uses" as listed in Chapter 3.
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering or the depiction of the
covered male genitals in a discernible turgid state or the showing
of bare buttocks, anus, or female breast.
The use of land, buildings or structures. The residing of
an individual or individuals overnight in a dwelling unit or the installation,
storage, or use of equipment, merchandise, or machinery in any nonresidential
structure. Change of occupancy is not intended to include change of
tenants or proprietors.
A discontinuance of an existing use and the substitution
therefor of a use of a different kind or class. Change of occupancy
is not intended to include a change of tenants or proprietors unless
accompanied by a change in the type of use.
The map adopted pursuant to Section 62.23 of the Wisconsin
Statutes which shows existing and proposed streets, highways, parkways,
parks and playgrounds, school sites, etc.
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, i.e., the screening effectiveness
of a bufferyard or fence expressed as the percentage of vision that
the screen blocks.
Any area not covered by a structure.
A mark delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence upon
the landscape. The ordinary high-water mark is commonly that point
where natural vegetation changes from predominately aquatic to predominately
terrestrial. In areas where the ordinary high-water mark is not evident,
setbacks shall be measured from the stream bank of the following water
bodies that have permanent flow or open water: the main channel, adjoining
side channels, back waters, and sloughs.
An outdoor accessory structure designed to heat water through
a wood fire and then transmit that heated water to the principal building
for direct use and/or heating the principal building.
A zoning district which imposes uniform restrictions on all
properties within its area which are in addition to the restrictions
specific to the underlying or base zoning districts.
The person, persons, or entity having the right of legal
title to a lot or parcel of land.
The extension of a false front or wall above the roofline.
Any area of land (lot or contiguous group of lots) in the
City under single ownership as shown on the last assessor's roll
of the county or the records of the City, whichever is the most recent.
An area of a parking lot or drive which has been designated for parking on a site plan and is located on a paved surface per the requirements of § 5-7-6.
An open, level-surfaced area which is typically impervious
has an elevation of no more than one foot, and without walls or a
roof, intended for outdoor seating and recreation.
Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings.
Permanently protected green space areas that are protected
from development such as wetlands, floodplains, drainage ways, steep
slopes, lakeshores, certain woodlands, native or restored habitat,
and stormwater facilities.
A surface which allows for precipitation from any source
to infiltrate directly into the ground.
A structure, together with its accessory structures and uses,
where persons regularly assemble for religious worship and is maintained
and controlled by an organized religious body organized to sustain
public worship, which is exempt from federal income tax as regulated
by the Internal Revenue Service Code.
A map or drawing which graphically delineates the boundary
of land lots/parcels for the purpose of identification and record
title.
A typically metal-clad structure most often utilizing wooden
poles and trusses for support with unfinished, uninsulated interiors.
Such structures are normally used for agricultural purposes, for construction
trade storage, or for general storage, and are not intended for human
occupancy.
A covered platform at an entrance to a dwelling, which is
not heated or cooled or used for livable space, that is attached to
the outside of a building. The post of the porch is considered the
wall for setback purposes.
The building containing the principal use, including the
foundation, basement, and attic. When calculating area, attached residential
accessory structures such as attached garages, attached garden sheds,
and attached pool houses are not considered part of the principal
structure.
The main use to which a parcel is devoted and the main purpose
for which the premises exists.
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; and public utility
and energy services.
Equipment used by residents of a principal building on-premises
including but not limited to swimming pools, swings, slides, climbers,
teeter-totters, play-forts, sandboxes, supports for basketball baskets
and backboards, badminton nets and similar equipment, but not including
recreational vehicles normally utilized off-premises, including but
not limited to boats, trailers, campers, travel trailers and snowmobiles.
A term encompassing any type of vehicle used primarily for
recreational pleasure. Examples include but not limited to travel
trailers, motor homes, boats, all-terrain vehicles, snowmobiles, etc.
Recreational vehicles shall include any mobile structure designed
for temporary occupancy, but shall exclude manufactured homes.
The items listed in Wis. Stats. § 287.07(1m) to
(4).
A flood determined by the Wisconsin Department of Natural
Resources which is representative of large floods known to have occurred
generally in Wisconsin and reasonably characteristic of what can be
expected to occur on a particular stream. The regional flood generally
has an average frequency in the order of the 100-year recurrence interval
flood determined from an analysis of floods on a particular stream
and other streams in the same general region.
The individual uses listed under "dwelling unit type" in § 5-3-6.
See "garage or estate sale" in Chapter 3.
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 on the
part of one so clothed.
A term used to describe the gross floor area, height, or
volume of a single structure or group of structures.
The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line, excluding permitted projections per § 5-4-4.
Acts of masturbation, sexual intercourse, or physical contact
with a person's unclothed genitals, pubic area, buttocks, or
female breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
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.
See § 5-9-3.
A horizontal area on the facade of a building located between
the transom and the cornice, which is typically opaque and provides
a location for signage indicating the name of the establishment.
A horizontal, lower member or bottom of a door or window
casing.
A dwelling unit type that consists of a fully detached single-family
residence which is located on an individual lot. Single-family dwelling
units are designed for one family (family residential) and have no
roof, wall, or floor in common with any other dwelling unit. A single-family
dwelling that contains an in-family suite is still considered a single-family
dwelling.
See "gross site area."
See § 5-10-31.
An incline from the horizontal expressed in an arithmetic
ratio of horizontal magnitude to vertical magnitude. (Example: slope
is three feet horizontal and one-foot vertical).
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 Wis. Stats. Chapter 283, or source material, as defined in Wis.
Stats. 254.31(10), special nuclear material, as defined in Wis. Stats.
254.31(11), or by-product material, as defined in Wis. Stats. 254.31(1).
The date the building permit is issued, provided the actual
start of activity was within 365 calendar days of the permit date.
The actual start of activity means the first placement of permanent
construction on the site. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does
it include the installation of public streets and/or walkways; nor
does it include excavation for basement, footings, piers, or foundations;
nor does it include the erection of temporary forms.
Steep slopes are areas which contain a ratio of horizontal
magnitude to vertical magnitude of 8:1 (gradient of 12% or greater).
That portion of a building, other than a basement, that is
between the surface of any floor and the surface of the next floor
above it or, if there is not a floor above, then the space between
such floor and the ceiling immediately above it.
A right-of-way for vehicular and pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, or however otherwise designated
and includes all of the area between the roadway or right-of-way lines.
The space between the sidewalk and the curb, or the equivalent
space where sidewalk or curb are not installed.
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, excluding landscape features,
fences, swimming pools, public utilities, and other minor site improvements.
A lot of record which lawfully existed prior to this chapter,
which would not conform to the applicable regulations if the lot were
to be created under the current provisions of this chapter.
A land use which is present on a property for a limited and specified period of time. See § 5-3-18.
A horizontal bar of stone, wood or glass across the opening
of a door or window.
A building designed for two separate dwelling units in which
one dwelling unit may have a roof, wall, or floor in common with another
dwelling unit. For the purposes of this chapter, duplex, twin house,
and two-flat dwellings are considered to be two-family residential.
A single-family dwelling with an attached accessory dwelling unit
is not a two-family dwelling.
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 5.
The purpose for which land or a building or structure is
arranged, designed, or intended, or for which it is, or may be, occupied
or maintained.
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the Chapter would result in unnecessary
and undue hardship.
See § 5-7-10(4).
An area that is saturated by surface water or groundwater,
with vegetation adapted for life under those soil conditions. See
also Section 23.32(1), Wis. Stats.
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 City of Monroe and its environs.
An open space, other than a court, on a lot unoccupied and
unobstructed from the ground upward except as otherwise provided in
this chapter.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
A yard extending across the full width of the lot, the depth
of which is the minimum distance between the rear lot line and a line
parallel thereto on the lot.
A yard extending from the front yard to the rear yard, the
width of which is the minimum horizontal distance between the side
lot line and a line parallel thereto on the lot.
For corner lots, the yard between the front and rear lot
lines, extending from the street side lot line to the nearest part
of the nearest building or structure.
An area within the City in which certain uniform regulations
and requirements apply under the provisions of this Title 5.
The map adopted and designated by the City as being the "Official
Zoning Map."
