This chapter shall be known as, referred to, or cited as "The
Zoning Code, Village of Sauk City, Wisconsin."
These regulations are adopted under the authority granted by
§§ 62.23(7) and 61.35 and Chapter 91, Wis. Stats.
The purpose of this chapter is to promote the health, safety,
morals, prosperity, aesthetics and general welfare of this community.
This chapter also provides appropriate and necessary land use controls
within the extraterritorial zoning jurisdiction of the Village of
Sauk City in the Town of Prairie du Sac, consistent with the Comprehensive
Plan for the orderly development of the Village and its environs.
No structure, land or water shall hereafter be used and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended enlarged, converted, or structurally altered without full
compliance with the provisions of this chapter and all other applicable
local, county and state regulations.
A.
It is the general intent of this chapter to:
(1)
Regulate and restrict the use of all structures, lands and waters;
(2)
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;
(3)
Secure safety from fire, flooding, panic and other dangers;
(4)
Provide adequate light, air, sanitation and drainage;
(5)
Prevent overcrowding;
(6)
Avoid undue population concentration;
(7)
Facilitate the adequate provision of public facilities and utilities;
(8)
Stabilize and protect property values;
(9)
Further the appropriate use of land and conservation of natural resources;
(10)
Preserve and promote the beauty of the community; and
(11)
Implement the community Comprehensive Plan or plan components.
B.
It is further intended to provide for the administration and enforcement
of this chapter and to provide penalties for its violation.
A.
Within the Village. The jurisdiction of this chapter shall include
all lands and water within the Village.
B.
Extraterritorial zoning jurisdiction. The unincorporated area outside
the Village limits subject to the provisions of this chapter is shown
on the map appended to this chapter as Exhibit A. The provisions of
this chapter relating to the unincorporated area shall become effective
when adopted by the Village Board, in accordance with the provisions
of § 62.23(7a), Wis. Stats. The failure of the Village Board
to take such action shall in no way invalidate the application of
this chapter to any property, building, or structure located within
the Village.
The provisions of this chapter shall be held to be minimum requirements
and shall be liberally construed in favor of the Village and shall
not be deemed a limitation or repeal of any other power granted by
the Wisconsin Statutes.
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 laws. However, wherever this
chapter imposes greater restrictions, the provisions of this chapter
shall govern.
The several provisions of this chapter are severable. If any
provision of this chapter is adjudged to be invalid or ineffective
as to any portion of the territory described, such judgment shall
not affect the remainder of this chapter or its application to the
remaining portion of the described territory.
For the purposes of this chapter, the definitions set out in
this chapter shall be used. Words used in the present tense include
the future tense; the singular number includes the plural number;
and the plural number includes the singular number. The word "shall"
is mandatory and not directory.
Having a common property line or district line.
Any of the following activities conducted for the purpose
of producing an income or livelihood: crop or forage production; keeping
livestock; beekeeping; nursery, sod, or Christmas tree production;
maple syrup production; floriculture; aquaculture; fur farming; forest
management; enrolling land in a federal agricultural commodity payment
program or a federal or state agricultural land and conservation payment
program.
A way which affords only a secondary means of access to abutting
property.
See "dwelling unit" as defined in this section.
See "dwelling, multifamily" as defined in this section.
A space a full story below the first floor which is not designed
or used primarily for year-round living accommodations. Space partly
below grade which is designed and finished as habitable space is not
defined as basement space.
An advertising device, either freestanding or attached to
a building, which is used to display information not related to the
use or ownership of the establishment or the property upon which it
is located.
A tract of land bounded by streets, or by a combination of
streets and public parks, or other recognized lines of demarcation.
The Board of Appeals, as provided in Article XXV of this chapter.
A building, other than a hotel, where meals or lodging and
meals are provided for compensation for not more than six persons.
A structure having a roof and intended for the shelter, housing
or enclosure of persons, animals, or chattels.
The employee of the Village officially designated to administer
the Building and Zoning Codes. The Building Inspector is also referred
to as the "Zoning Inspector."
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
A subordinate building, the use of which is purely incidental
to that of the main building,
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.
The vertical distance from the mean elevation of the finished
grade along the primary street frontage of the building to the highest
point on 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 the building is located.
A commercial establishment engaged in the purchase and sale
of goods and services, not including manufacturing or industrial establishments.
A roof-like structure of a permanent nature which projects
from the wall of a building.
See "garage, private" as defined in this section.
A portion of a building located partly or wholly underground
and having 2/3 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground. See the definition of "basement"
in this section.
A written statement issued by the Zoning Inspector which
permits the use of a building or lot or a portion of a building or
lot and which certifies compliance with the provisions of this chapter
for the specified use and occupancy.
A building used by a group of doctors or dentists for the
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 paying dues, the use of which
is restricted to the members and their guests.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
The level of the established curb in the front of the building,
measured at the center of such front. Where no curb has been established,
the Village Board shall authorize and approve the establishment of
such curb level or its equivalent for the purpose of this chapter.
The use of a dwelling unit to provide care and supervision
for up to eight children for less than 24 hours.
A facility to provide care and supervision for more than
eight children for less than 24 hours.
A horizontal platform that has structural members elevated
above ground level.
A separate housekeeping unit designed and used for occupancy
by a single family, with cooking facilities and a private bath.
A separate housekeeping unit designed and used for occupancy
by a single family, located on the same parcel as a one-family dwelling
unit, but having a separate entrance. The accessory unit may be within,
attached to, or detached from the primary dwelling unit.
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, apartment hotels and group houses.
A detached building designed, arranged, or used for and occupied
exclusively by one family.
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 and fire, flood,
windstorm, riot, or invasion.
A divided arterial street with full or partial control of
access and, generally, with interchanges at major intersections. See
also the definition of "freeway" in this section.
Any number of persons related by blood, adoption or marriage,
or not to exceed four persons not so related, living together in one
dwelling as a single housekeeping entity.
All lands under contiguous common ownership in which a majority
of land is devoted to an agricultural use. For purposes of this definition,
"contiguous" means sharing a common boundary, except that parcels
in common ownership which are directly across from a public street,
rail right-of-way, easement, or navigable river, stream, or creek,
along with parcels that meet only at a corner, shall also be considered
contiguous.
Any structure on a farm that is an integral part of, or is
incidental to, a permitted agricultural use, including but not limited
to barns, silos, and corn cribs.
A type of one-family dwelling located on the farm and occupied
by the owner or operator (or both) of the agricultural use. Where
the associated lands are planned for agricultural preservation in
the Comprehensive Plan, total number of dwelling units on any farm
as it was configured on August 18, 2011 shall not exceed an overall
density of one dwelling unit per 35 acres, with no rounding permitted.
For example, a 160 acre farm as of that date shall be allowed to accumulate
no greater than four total dwelling units (160/35 = 4.57 = 4).
For residential uses, the sum of the gross horizontal areas
of the several floors of a dwelling unit, exclusive of porches, balconies,
garages and basements, measured from the exterior faces of the exterior
walls or from the center lines of walls or partitions separating dwelling
units.
For uses other than residential, the area measured from the
exterior faces of the exterior walls or from the center line of walls
or partitions separating such uses, including all floors, lofts, balconies,
mezzanines, cellars, basements, and similar areas devoted to such
uses.
An expressway with full control of access and with grade
separations at all intersections.
All of the property abutting on one side of a street between
two intersecting streets.
The smallest dimension of a lot abutting a public street,
measured along the street line.
An accessory building or portion of the principal building
used primarily for vehicular storage. "Private garage" also includes
"carport" and, when related to the context, shall relate to the storage
of one or more vehicles.
A building used for the care, repair or storage of motor
vehicles or where such vehicles are left for remuneration, hire, or
sale. This includes premises commonly known as "gasoline stations"
or "service stations."
A garden, whether public or private, established by and/or
for the use of multiple people, typically to grow vegetables for personal
use. Typically the primary use of a property.
A garden established by and for the use and enjoyment of
the resident(s) of the property on which it is located. An accessory
use.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil or other
lubricating substances, or the 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.
See Building, Height of.
Any occupation for gain or support conducted entirely within
a building by resident occupants and which is customarily incidental
to the principal use of the premises, does not exceed 25% of the area
of any floor and uses only household equipment and for which no stock-in-trade
is kept or sold except that made on the premises. "Home occupation"
includes such uses as baby-sitting, millinery, dressmaking, canning,
laundering and crafts but does not include the display of any goods
nor such occupations as barbering, beauty shops, dance schools, real
estate brokerage, or photographic studios.
An establishment for transient guests having more than six
sleeping rooms without individual cooking facilities.
A grade-separated intersection with one or more direct connections
for vehicular travel between the intersecting streets or highways.
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. "Junkyard" also includes an
auto wrecking yard but does not include uses established entirely
within enclosed buildings.
Domestic animals traditionally used in Wisconsin in the production
of food, fiber, or other animal products. Livestock includes bovine
animals, equine animals, goats (except pigmy), poultry, sheep, swine
(except pot-bellied pigs), farm-raised deer, farm-raised game birds,
camelids, ratites, and farm-raised fish.
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.
The total area in a horizontal plane within the peripheral
boundaries of a lot.
The percent of the area of a lot occupied by buildings or
structures, including accessory buildings or structures.
The peripheral boundaries of a lot as defined in this chapter.
The width of a parcel of land measured along the front building
line.
A lot abutting intersecting streets at their intersection.
A corner lot which is oriented such that it has its rear
lot line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both public streets shall be deemed front lot lines.
A single tract in a single block which, at 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 one-family dwelling unit of vehicular design, built on
a chassis and originally moved from one site to another, and used
without a permanent foundation.
A lot on which two or more mobile homes are parked for the
purpose of temporary or permanent habitation.
A series of attached, semidetached, or detached sleeping
units for the accommodation of transient mobile tourists.
A building or area in which freight brought by motor truck
is assembled or stored for routing in intrastate and interstate shipment
by motor truck.
Any passenger vehicle, truck, truck trailer or semitrailer
propelled or drawn by mechanical power.
Any building or structure which:
Any use of land, buildings, or structures 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.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
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.
A type of land use that includes the sale of agricultural
products grown on the farm and potentially on other farms within 10
miles, where such sales are integral or accessory to an agricultural
use, and where such sales are on a year-round basis or require permanent
structures.
A land use that includes all recreational land uses located
on public property or public easement which involve active recreational
activities. Such land uses include play courts (such as tennis courts
and basketball courts), playfields (such as ball diamonds, football
fields, and soccer fields), tot lots, outdoor swimming pools, swimming
beach areas, fitness courses, public golf courses, and similar land
uses.
A land use that includes all recreational land uses located
on public property or public easement which involve passive recreational
activities. Such land uses include arboretums, natural areas, wildlife
areas, hiking trails, bike trails, cross country ski trails, horse
trails, open grassed areas not associated with any particular active
outdoor public recreation use, picnic areas, picnic shelters, gardens,
fishing areas, and similar land uses.
A commercial land use that includes the storage of items
or equipment not enclosed within an approved structure. Inoperable
items, equipment or vehicles are not considered outdoor storage.
A structure or an open area other than a street or alley
used for temporary parking of more than four self-propelled vehicles
and available for public use, whether free, for compensation, or as
an accommodation for clients or customers.
An off-street space available for the parking of motor vehicles,
which in this chapter is held to be an area nine feet wide and 20
feet long, exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
A paved area adjoining a house, not above the grade line,
used for outdoor dining, lounging or recreation.
A development that allows diversification and variation in
the relationship of uses, structures, open spaces and heights of structures,
conceived and implemented as a comprehensive and cohesive, unified
project.
A covered shelter to an entrance to a building which may
be partly enclosed with low walls or fully enclosed with screen and/or
windows.
Residences of doctors of medicine, practitioners, dentists,
clergymen, architects, landscape architects, professional engineers,
registered land surveyors, lawyers, artists, teachers, authors, musicians
or other recognized professions, used to conduct their professions,
where the office does not exceed 1/2 of the area of only one floor
of the residence and only one nonresident person is employed.
The lines bounding a tract of land in single ownership.
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.
A space within a suitable building provided with adequate
and sanitary kitchen equipment and a dining room of related capacity,
having employees for preparing, cooking and serving suitable food,
but not intoxicating liquors, for sale to the general public.
A school limited to special instruction, such as business,
art, music, trades, handicrafts, dancing, or riding.
An elementary or intermediate 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 not operated by a public school district,
but not including either a school for persons with disabilities or
a college or other institution of higher learning.
The minimum horizontal distance between the front lot line,
side lot line or rear lot line and a structure.
A group of stores planned and designed for the site on which
it is built, functioning as a unit, with off-street parking provided
on the property as an integral part of the unit. See also the definition
of "planned unit development" in this section.
A nonpermanent sign or advertising display intended to be displayed for a short, usually fixed period of time generally not exceeding 30 consecutive days unless in conjunction with an approved temporary use or as outlined in Article XX. Temporary signs include wall, freestanding, and banner signs mounted on walls.
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, or designs visible from a public street or highway
which convey information regarding the use or ownership of the establishment
on the same property upon which they are located, as distinguished
from the definition of "billboard" set forth in this section.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two exterior walls are not more than two feet
above the floor of such story.
A public or private thoroughfare which may either provide
the principal means of pedestrian and/or vehicular access to abutting
property or may provide for the movement of pedestrian and/or vehicular
traffic, or both.
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. "Arterial streets and highways"
includes freeways and expressways, as well as major thoroughfares,
highways and parkways.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders.
Anything constructed or erected, the use of which requires
location on the ground or that it be attached to something having
a location on the ground.
A vehicular portable structure, built on a chassis and designed
to be used for temporary occupancy for travel, recreational or vacation
use, limited in weight or length to either a maximum weight of 4,500
pounds or a maximum length of 28 feet.
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.
A use subordinate in nature, extent, or purpose to the principal
use of a building or lot.
A use, either public or private, which because of its unique
characteristics cannot be properly classified as a permitted use in
any particular district or districts. In each case, after due consideration
by the Plan Commission of the impact of such use upon neighboring
land and of the public need for the particular use at the particular
location, such conditional use may or may not be granted.
A use which may be lawfully established in a particular district
or districts provided that it conforms to all requirements, regulations
and performance standards, if any, of such districts.
The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use may be a permitted use
or conditional use.
A land use which is present on a property for a limited and
specified period of time.
A specified exception to the strict and literal enforcement
of the dimensional standards indicated in this chapter, to alleviate
a unique and unusual hardship for a property owner resulting from
the physical characteristics of the land.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward, except for vegetation as
permitted, and except for permitted accessory buildings in rear yards.
A side yard which adjoins a public street.
A yard extending across the full width of a lot, having a
depth equal to the minimum horizontal distance between the front property
line and a line parallel thereto through the nearest point of the
principal structure.
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 across the full width of a lot, having a
depth equal to the minimum horizontal distance between the rear lot
line and a line parallel thereto through the nearest point of the
principal structure.
A yard extending between the front and rear yards of a lot,
having a width equal to the minimum horizontal distance between the
side lot line and a line parallel thereto through the nearest point
of the principal structure.
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.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
to be located.
