This chapter shall be known, cited, and referred to as the "Village
of Williams Bay 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
statutes of the State of Wisconsin. 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. See §§ 62.23(7),
61.351 and 87.30, Wis. Stats.
This chapter is adopted for the purpose of protecting the health,
safety, morals, comfort, convenience, and general welfare of the public.
A.
In consonance with the basic purpose stated in § 390-0103 and to implement the same, the regulations herein are intended to provide a regulatory framework for land use within the Village, which will aid in achieving a harmonious and compatible relationship between various uses consistent with the rights of property ownership, the general public welfare, and the established goals for community development and character. To this intent, it is designed to relate realistically to those physical, economic, and environmental factors that would significantly influence the appropriate development and use of land and to provide maximum flexibility, adaptability, and responsiveness to changing physical and economic conditions and societal concerns.
B.
The regulations are designed to utilize performance standards wherever
possible to evaluate the actual impact of uses or activities upon
the community rather than to rely solely on preset and fixed formulas.
Recognizing the unique character of the Village resulting from its
topography, its location on the shores of Geneva Lake, and its development
as a predominantly residential, lake-oriented community, these regulations
are also specifically designed to preserve this character, to protect
the waters of Geneva Lake, and to effectively harmonize the rights
and concerns of Village residents with those of the general public
attracted by the resort and recreational facilities on the lake.
C.
Further, it is the intent of this chapter to regulate the use of
all structures, lands, and waters; regulate lot coverage, population
distribution, and density; and regulate size and location of all structures
so as to control and lessen congestion on and promote the safety and
efficiency of the streets and highways; secure safety from fire, flooding,
panic, and other dangers; provide adequate light, air, sanitation,
and drainage; protect groundwater resources; prevent overcrowding
of land; avoid undue population concentration; facilitate the adequate
provision of public facilities and utilities; facilitate the use of
solar devices and other innovative development techniques; stabilize
and protect property values; preserve and protect burial sites; further
the appropriate use of land and conservation of natural resources;
preserve and promote the beauty of the community; and implement the
goals and objectives of the Village of Williams Bay Comprehensive
Plan.
D.
In addition, the floodway and floodplain fringe overlay zoning regulations
set forth in this chapter have been adopted to prevent and control
erosion, sedimentation, and other pollution of surface waters; to
further the maintenance of safe and healthful water conditions and
prevent flood damage to persons and property; and to minimize expenditures
for flood relief and flood control projects. To this end, it is further
intended to provide for the administration and enforcement of this
chapter and to provide penalties for its violation.
E.
In addition, the Shoreland-Wetland Overlay zoning regulations set
forth in this chapter have been adopted to preserve, protect, and
enhance the ponds, streams, shorelands, and wetland areas to maintain
safe and healthful conditions. To this end, it is further intended
to provide for the administration and enforcement of this chapter
and to provide penalties for its violation.
This chapter is applicable to all territory located within the
corporate limits of the Village of Williams Bay.
A.
It is hereby declared to be the intention of the Village of Williams
Bay Village Board 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.
B.
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.
C.
The Village 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 Village,
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; however, wherever this chapter imposes greater restrictions,
the provisions of this chapter shall govern.
A.
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, and shall be liberally
construed in favor of the Village and shall not be construed to be
a limitation or repeal of any other power now possessed by the Village
of Williams Bay.
B.
Where property is affected by the regulations imposed by any provision
of this chapter and by other governmental regulations, the regulations
that are more restrictive or that 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 that 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.
C.
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.
D.
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
chapter, and the construction of which shall have been started within
one year from the date of such permit.
E.
Except as provided in this chapter, under provisions for nonconforming
uses, nonconforming developments, substandard lots, and nonconforming
structures and buildings (see Article 6), 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. In cases of mixed occupancy or mixed use, the regulations
for each land use shall apply to the portion of the structure or land
so occupied or so used.
F.
Except for outlots authorized under the Village land division 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.
The degree of flood protection provided by this chapter is considered
reasonable for regulatory purposes and is based on engineering experience
and scientific methods of study. On rare occasions, larger floods
may occur or the flood height may be increased by man-made or natural
causes such as ice jams or bridge openings restricted by debris. Therefore,
this chapter does not imply that areas outside of the delineated floodplain
or land uses permitted within the floodplain will be totally free
from flooding and the associated flood damages, nor shall this chapter
create a liability on the part of, or a cause of action against, the
Village of Williams Bay or any officer or employee thereof for any
flood damages that may result from reliance on this chapter.
A.
This chapter, in part, carries forward by reenactment some of the
provisions of the regulations governing zoning and related matters
previously known collectively as the "Zoning Ordinance," Chapter 18
of the Municipal Code for the Village of Williams Bay, adopted prior
to the effective date of this chapter. It is not the intention of
this chapter to repeal, but rather to reenact and continue in force
such existing provisions so that all rights and liabilities that have
accrued thereunder are preserved and may be enforced, unless explicitly
surrendered by specific provisions of this chapter or altered by the
Official Zoning Map.
B.
All provisions of Chapter 18 of the Village of Williams Bay Municipal
Code that are not reenacted herein are hereby repealed.
C.
The adoption of this chapter shall not adversely affect the Village's
right to prosecute any violation of the predecessor Zoning Ordinance,
provided the violation occurred while that chapter was in effect.
This chapter shall become effective upon passage and posting
according to law, following the date of repeal and reenactment 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
chapter, except where subject to developer agreement provisions.
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.
A.
Words used or defined in one tense or form shall include other tenses
and derivative forms.
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the single number.
C.
The masculine gender shall include the feminine, and vice versa.
D.
The words "shall," "must," and "will" are mandatory.
E.
The words "may," "can," and "might" are permissive.
F.
The word "person" includes individuals, firms, corporations, partnerships,
associations, trusts, and any other legal entity.
G.
The word "Village" shall mean the Village of Williams Bay, Wisconsin.
H.
The word "county" shall mean the County of Walworth, Wisconsin.
I.
The word "state" shall mean the State of Wisconsin.
J.
The words "Plan Commission" shall mean the Village of Williams Bay
Plan Commission.
K.
The words "Village Board" shall refer to the Village of Williams
Bay Board of Trustees.
L.
If there is any ambiguity between the text of this chapter and any
illustration or figure, the text shall control.
The abbreviations used in this chapter are intended to have
the meanings listed in Figure 390-0113:
|
Figure 390-0113
| |
|---|---|
|
Abbreviation
|
Meaning
|
|
Ac
|
Acre
|
|
CUP
|
Conditional use permit
|
|
Db
|
Decibel
|
|
WisDNR
|
Wisconsin Department of Natural Resources
|
|
Du
|
Dwelling unit
|
|
Fc
|
Footcandles
|
|
FEMA
|
Federal Emergency Management Administration
|
|
ft
|
Foot
|
|
GSA
|
Gross site area
|
|
GSR
|
Green space ratio
|
|
ISR
|
Impervious surface ratio
|
|
LSR
|
Landscape surface ratio
|
|
Max
|
Maximum
|
|
MBS
|
Maximum building size
|
|
MGD
|
Maximum gross density
|
|
Min
|
Minimum
|
|
MH
|
Maximum height
|
|
MLA
|
Minimum lot area
|
|
N/A
|
Not applicable
|
|
NDA
|
Net developable area
|
|
RPA
|
Resource protection area
|
|
sf or sq. ft.
|
Square feet
|
|
Wis. Adm. Code
|
Wisconsin Administrative Code
|
|
Wis. Stats.
|
Wisconsin Statutes
|
The following words, terms, and phrases, wherever they occur in this chapter, shall have the meanings ascribed to them by this section. For definitions applicable to the Shoreland-Wetland and Floodplain overlay districts, see §§ 390-0706 and 390-0707.
Having a common border with or being separated from such
common border by an alley or easement.
A means of providing vehicular or nonvehicular egress from
or ingress to a property, highway, or private roadway.
A condition of immediate physical connection resulting from
a highway, alley, or private road abutting a property.
See § 390-0315E.
A use or structure subordinate to and serving the principal
use or structure on the same lot, and customarily incidental thereto.
43,560 square feet.
See § 390-0309B.
Any walled and roofed expansion to the perimeter and/or height
of a building to which the addition is connected by a common load-bearing
wall. Any walled and roofed addition that is connected by a fire wall
or is separated by independent perimeter load-bearing walls shall
be instead considered new construction.
An accessory wall sign containing only the address of the
premises on which it is located.
See § 390-0307G.
The area of land above which the property owner has the right
to control, occupy, and use the vertical space (air space).
See § 390-0313D.
A public or private right-of-way, usually of reduced width
as compared to a street, primarily intended to provide a secondary
means of access to the side or rear of an abutting property fronting
upon another street right-of-way. Alleys are not intended to be used
for through traffic.
A measure that 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. Figure 390-0114A indicates the
number of common farm species that comprise a single animal unit:
|
Figure 390-0114A: Species/Animal Unit Conversions
| |||||
|---|---|---|---|---|---|
|
Type of Livestock
|
# of Animals/Animal Unit
|
Type of Livestock
|
# of Animals/Animal Unit
|
Type of Livestock
|
# of Animals/Animal Unit
|
|
Horse (>2 years)
|
1
|
Calves (<1 year)
|
5
|
Lambs
|
14
|
|
Colt (<2 years)
|
2
|
Brood snow or boar
|
2
|
Chickens: egg layers
|
30
|
|
Cattle (>2 years)
|
1
|
Hogs (up to 220 pounds)
|
3
|
Chickens: fryers
|
60
|
|
Cattle (<2 years)
|
2
|
Sheep
|
10
|
Turkeys
|
50
|
|
Source: The Stockman's Handbook
|
See § 390-0306G.
A means of 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 § 390-1217.
See "street, arterial."
See § 390-0310D.
See § 390-0310C.
A sculpture, monument, or structure erected solely for aesthetic
purposes, which in no way identifies a product or business or is used
for commercial purposes.
Roof-like cover, often made of fabric, metal, or glass, designed
and intended for protection from the weather and/or as a decorative
embellishment, and that projects from a wall or roof of a structure
over a window, walk, or door.
A portion of a building located below grade or partly below
grade.
See § 390-0315X.
See § 390-0310J.
A room in a residence marketed, designed, or otherwise likely
to function primarily for sleeping.
See § 390-0310L.
Any permitted combination of distance, vegetation, fencing,
and berming that results in a reduction of visual and other interaction
with an adjoining property.
A structure having a roof and intended for the shelter, housing,
or enclosure of persons, animals, or chattels.
The percentage of a lot covered by principal and accessory
buildings.
A component of a group development (see § 390-0821) that conforms to the lot lines that would otherwise be applicable for a development not considered a group development. To determine the area of a building envelope, required minimum setback distances must be met for each principal structure in the group development, as measured from the building to the building envelope "line."
The exterior wall of a building that faces the front lot
line of the lot.
The vertical distance measured from the mean elevation of
the finished lot grade to the highest point of the roof. Such measurement
shall be taken from the side yards at the midpoint of the principal
structure immediately adjacent to the building. The finished lot grade
elevation shall be measured from the average of the two side yard
elevations. See § 390-0114B.
|
Figure 390-0114B: Building Height
 |
A line on a lot, generally parallel to a lot line or public
or private street right-of-way line, located a sufficient distance
from either to provide the minimum yards required by this chapter.
The building lines on a lot determine the area in which buildings
are allowed to be developed subject to all applicable provisions of
this chapter. Building lines are also referred to as "setbacks."
The narrowest distance between two buildings (see "minimum
building separation").
The total gross floor area of a building (see "maximum building
size").
A building that meets all of the following criteria:
Is subordinate to and serves a principal structure or a principal
use;
Is subordinate in area, extent, and purpose to the principal
structure or use served;
Is located on the same lot as the principal structure or use
served, except as otherwise expressly authorized by provisions of
this chapter; and
Is customarily incidental to the principal structure or use.
Any portion of a principal building devoted to or intended to
be devoted to an accessory use shall be considered an accessory use
and not an accessory building.
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 feet above natural grade.
See § 390-0310N.
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. The
maximum (peak) candlepower is the largest amount of candlepower emitted
by any lamp, light source, or luminary.
A rigid multisided structure covered with fabric, metal,
or other material and supported by a building.
A rigid multisided structure covered with fabric, metal,
or other material and supported by columns or posts embedded in the
ground.
See § 390-0315F.
An open-sided, roofed vehicle shelter, usually formed by
extension of the roof from the side of a building. The carport shall
meet the building code.
See § 390-0307E.
See "street, collector."
See § 390-0310P.
See § 390-0310T.
See § 390-0310K.
See § 390-0311E.
The overall impression a community or area of a community
makes on a person as a function of the type, intensity, density, quality,
appearance, age of development, and the relationship between the built
and natural environment.
See § 390-0307H.
See § 390-0315M.
See § 390-0315N.
See § 390-0314B.
The Comprehensive Plan of the Village of Williams Bay, Wisconsin.
See § 390-0315W.
A land use that requires a conditional use permit in order
to develop.
See "start of construction."
See § 390-0307A.
A structure that has no roof or walls and is considered part
of a building or structure.
The transfer of property interest from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or of a less than fee simple interest, including an easement.
A term used to describe the number of dwelling units per
acre.
The legal or beneficial owner(s) of a lot of any land proposed
for inclusion in a development.
The division of a parcel of land into two or more lots; the
construction, reconstruction, conversion, structural alteration, relocation,
or enlargement of any buildings; any use or change in use of any buildings
or land; any extension of any use of land; and/or any clearing, grading,
or other movement of land for which permission may be required pursuant
to this chapter.
An agreement by a developer with the Village that clearly
establishes the developer's responsibility regarding project phasing,
the provision of public and private facilities and improvements, and
any other mutually agreed to terms and requirements.
The area of land where development will occur, including
building areas, paved areas, yard and septic system areas, and other
areas of nonnative vegetation.
See § 390-0313B.
The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding [see also stormwater facilities (land use) in § 390-0315T].
See § 390-0310I.
See § 390-0315U.
See § 390-0306D.
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 room or group of rooms providing or intended to provide
permanent living quarters for not more than one "family," as defined
in this section.
The narrowest distance between two dwelling units.
A dwelling unit joined to another dwelling unit at one or
more sides by a shared wall or walls.
A dwelling unit 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 landowner's property for a specified purpose.
Any fill, structure, building, use, or development that advances
beyond proper limits.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
Facilities that meet the following criteria:
Owned or maintained by public utility companies or public agencies;
Located in public ways or in easements provided for the purpose,
or on a customer's premises and not requiring a private right-of-way;
Reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communication, or similar services to adjacent customers;
and
Not including any cross-country line on towers.
See § 390-0315R.
See § 390-0314A.
The area outside of the Village limits within which the Village
of Williams Bay may exercise extraterritorial powers of planning,
land division, and/or zoning review.
The entire building front including the parapet.
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
See § 390-0315B.
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.
See § 390-0315G.
See § 390-0316I.
An artificially constructed barrier of any material used
to enclose, screen, or separate areas.
Any fence that cannot be seen through. Such fences include
basket-weave fences, stockade fences, plank fences, and similar fences.
See § 390-0315Y.
The ratio calculated by dividing the gross floor area of
all buildings on a site by the gross site area (see "maximum floor
area ratio").
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
See § 390-0313C.
A graphic representation of the anticipated utilization of
the floor area within a building or structure, but not necessarily
as detailed as construction plans.
The brightness of a light source that causes eye discomfort.
The percentage of the gross site area that is preserved as
permanently protected green space. The green space ratio is calculated
by dividing the area of permanently protected green space by the gross
site area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The result of dividing the number of dwelling units located
on a site by the gross site area (see "maximum gross density").
The sum of the horizontal areas of all floors of a building,
including interior balconies, mezzanines, attached accessory buildings,
stairs, escalators, enclosed porches, detached accessory buildings
utilized as dead storage, heating and utility rooms, and inside off-street
parking or loading space. Basements and unenclosed porches shall not
be included in this calculation. Measurements shall be made from the
inside of the exterior walls and to the center of interior walls.
The total area within a development site, including floodplain
areas, wetlands, steep slopes, wooded areas, street rights-of-way,
alleys, easements, stormwater management areas, parks, and dedicated
open space areas.
See § 390-0310O.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. A Class 1 notice, published once at least 10 days prior
to public hearing, is the minimum required for appeals. A Class 2
notice, published twice, once each week consecutively, the last at
least 10 days before the public hearing, is the minimum required for
all zoning ordinances and amendments including map amendments.
See § 390-0311B.
See "building height."
See § 390-0315A.
See § 390-0307B.
An accessory wall sign containing only the name of the premises
on which it is located.
Surfaces that prohibit infiltration of stormwater into the
ground. 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.
See § 390-0315D.
See § 390-0315P.
See § 390-0315Q.
See § 390-0315O.
See § 390-0311D.
See § 390-0310G.
See § 390-0308A.
See § 390-0308B.
See § 390-0310Q.
See § 390-0310E.
See § 390-0312A.
See § 390-0308E.
A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross area of the
lot or site.
See § 390-0307F.
See § 390-0309C.
See § 390-0315C.
An agreement entered into by a bank, savings and loan, or
other financial institution that is authorized to do business in the
State of Wisconsin and that has a financial standing acceptable to
the Village of Williams Bay, and that is approved, as to form, by
the Village Attorney.
See § 390-0314D.
See § 390-0309D.
Those lands lying within the following distances from the
ordinary high-water mark of navigable waters: 1,000 feet from a lake,
pond, or flowage; 300 feet from a river, stream or to a landward side
of the floodplain, whichever distance is greater. Lake shores shall
not include those lands adjacent to farm drainage ditches where such
lands are not adjacent to a navigable stream or river; those parts
of such drainage ditches adjacent to such lands were not navigable
streams before ditching or had no previous stream history; and such
lands are maintained in nonstructural agricultural use.
The type of development and/or activity occurring on a piece
of property.
The percentage of the gross site area or lot area that is
preserved as permanently protected landscaped area.
The area of a site that is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes, and trees. The landscaped
area also includes any area located within planted and continually
maintained landscaped planters.
See § 390-0311G.
See § 390-0311F.
See § 390-0315S.
See § 390-0311A.
A completely off-street space or berth on the same lot as
the principal use it serves intended for the loading or unloading
of freight carriers. Loading areas shall have adequate ingress and
egress to a public street or alley.
A piece of land that meets the following criteria:
Undivided by any street or private road;
Is occupied by, or designated to be developed with, one building or principal use (except in the case of a group development under § 390-0821);
Contains the accessory buildings or uses customarily incidental
to such building, use, or development, including such open spaces
and yards as designed and arranged or required by this chapter for
such building, use, or development; and
Has been described in a certified survey map or in a metes and
bounds description approved by the Village or by Walworth County and
recorded in the office of the Register of Deeds.
The area contained within the property boundaries of a recorded
lot.
The average distance between the front lot line and the rear
lot line of a lot.
The lot width as measured at the front lot line. For double-frontage
lots and corner lots, lot width shall be measured and the minimum
lot width required by this chapter shall be provided for both frontages.
The 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 the regulations of this chapter.
A lot line that abuts a public or private street right-of-way.
For corner lots, the lot line along the street from which the house
is addressed shall be the front lot line. (See also "lot line, street
side.") For double-frontage lots, there shall be two front lot lines,
or one front lot line and one shore lot line, and no rear lot lines.
Any boundary of a lot that is not a front lot line, street
side lot line, or a rear lot line.
In the case of rectangular or most trapezoidal-shaped lots,
the lot line that is opposite and most distant from the front lot
line of the lot is the rear lot line. 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 a double-frontage lot, there shall be no rear lot line.
The lot line that abuts a navigable waterway.
For corner lots, the lot line that abuts a public or private
street right-of-way but that is not the front lot line. (See also
"lot line, front.")
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Figure 390-0114C
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A platted lot or lot described in a certified survey map
or in a metes and bounds description that has been approved by the
Village or by Walworth County and has been recorded in the office
of the Register of Deeds.
The maximum horizontal distance between the side lot lines,
measured parallel to the front lot line and at the rear of the required
front yard (see also "minimum lot width").
A lot situated at the junction of and abutting on two or
more intersecting streets, or a lot at the point of deflection in
alignment of a continuous street, the interior angle of which does
not exceed 135°. See Figure 390-0114C.
A lot, other than a corner lot, that has frontage on more
than one street, or with frontage on a street and a navigable waterway.
Double-frontage lots shall have two front yards, or one front yard
and one shore yard, and no rear yard. See Figure 390-0114C.
A lot other than a corner lot. See Figure 390-0114C.
The lowest enclosed floor (including a basement). Any unfinished
or flood-resistant enclosure, usable solely for parking vehicles,
building access or storage, in an area other than a basement area,
is not considered a building's lowest floor, provided that such enclosed
area is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter.
A type of housing unit that is largely assembled in factories
and then transported to sites of use.
See § 390-0307I.
The largest total gross floor area a building is allowed
to contain (see "building size").
The largest percentage of floor area allowed on a lot (see
"floor area ratio").
The maximum number of dwelling units allowed per acre of
gross site area (see "gross density").
The tallest allowable height of a structure (see "building
height").
See § 390-0315H.
The narrowest allowable building separation.
The narrowest allowable dwelling unit separation.
The smallest allowable landscape surface ratio (see "landscape
surface ratio").
The smallest allowable size of a lot.
The smallest allowable lot width as measured at any point
throughout the entire length of the lot, unless the lot has a specific
building line assigned to it by this chapter, in which case such measurements
shall be taken at the assigned building line.
The smallest yard depth allowable based on the setback regulations
for the zoning district in which such lot is located.
The shortest distance allowed between a lot line and a structure.
Structures not requiring a building permit (e.g., swing set,
clothesline, etc.). Such structures are movable and shall be less
than 12 feet in height.
Some combination of residential, business, industrial, office,
institutional, and/or other land uses within a district, development,
or building.
See § 390-0306K.
See § 390-0306H.
See § 390-0306J.
See § 390-0306I.
See § 390-0306F.
The municipal water supply of the Village of Williams Bay.
The area of a site that may be disturbed by development activity.
Net developable area is the result of subtracting required resource
protection areas (RPA) from the gross site area.
See § 390-0603.
See § 390-0605.
See § 390-0602.
Material capable of causing injury to living organisms by
chemical reaction or capable of causing detrimental effects to the
physical or economic well-being of individuals.
Any enterprise that conducts the sale of plants that are
grown on the premises.
See § 390-0313E.
See § 390-0310A.
The map adopted and designated by the Village as being the
"Official Map" pursuant to § 62.23(6), Wis. Stats., which
shows current and proposed municipal improvement sites and rights-of-way.
The map adopted and designated by the Village as being the
"Official Zoning Map."
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
See § 390-0307C.
See § 390-0315L.
The degree to which vision is blocked by a buffer yard. Opacity
is the proportion of a buffer yard's vertical plane that obstructs
views into an adjoining property.
Permanently protected green space areas that are not constrained
by one of the protected natural resources (i.e., wetlands, floodplains,
steep slopes, lake shores, and woodlands). Examples include portions
of private lots or outlots commonly held by a property owners association
and that are deed restricted from site disruption.
See § 390-0307E.
See § 390-0310H.
See § 390-0310R.
See § 390-0308C.
See § 390-0312B.
A zoning district that imposes uniform restrictions on all
properties within its mapped area and that are in addition to the
restrictions specific to the base zoning district(s).
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.
A lot or contiguous group of lots in single ownership or
under single control, usually considered a unit for the purposes of
development.
See § 390-0309A.
Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or structures.
An area in which site disruption and/or development is strictly
limited.
See § 390-0310B.
See § 390-0312C.
The Plan Commission of the Village of Williams Bay.
See § 390-0709.
A covered platform, usually having a separate roof, at an
entrance to a dwelling, or an open or enclosed gallery or room that
is not heated or cooled and that is attached to the outside of a building.
See "building, principal."
Any and all of the primary uses of a property treated as
a use permitted by right or as a conditional use (rather than as an
accessory use or a temporary use).
An established organization belonging to a particular person
or persons or private entities dedicated to the advancement of interests
or causes such as education or culture.
[Added 5-2-2020 by Ord.
No. 2020-01]
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same lot
as the structure. This term also means an alternative sewage system
approved by the Department of Safety and Professional Services including
a substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure, or a system located
on a different lot than the structure.
See § 390-0311C.
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.
An established organization which is a governmental entity
dedicated to the advancement of interests or causes such as education
or culture.
[Added 5-2-2020 by Ord.
No. 2020-01]
An elementary or secondary school supported by public funds
and providing free education for children of the Williams Bay School
District.
[Added 5-2-2020 by Ord.
No. 2020-01]
See § 390-0308D.
Includes the Village of Williams Bay sewer system and other
forms of sewer systems approved by the Wisconsin Department of Natural
Resources and maintained by a public agency authorized to operate
such systems.
A strip of land that includes tracks and auxiliary facilities
for track operation, but not including freight depots or stations,
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
A sign that is used to offer the sale, lease, or rent of
the property upon which the sign is placed.
An area in which water reaches the zone of saturation by
surface infiltration. This encompasses all areas or features that
supply groundwater recharge to a well.
See "lot of record."
See § 390-0314C.
The area of a site that may not be disturbed by development
activity and that must also be reserved as permanently protected green
space. The required resource protection area is the result of subtracting
the net developable area (NDA) from the gross site area (GSA).
See § 390-0315I.
See § 390-0315K.
See § 390-0315J.
A regulation imposed by this chapter is more/less restrictive
than another if it prohibits or limits development to a greater/lesser
extent or by means of more/less detailed specifications.
The gross floor area, height, or volume of a single structure
or group of structures.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
See § 390-0307D.
The shortest distance between the exterior of a building
or structure and the nearest point on the referenced lot line (see
"minimum setback").
Those areas in and around existing communities that are most
suitable for urban development and capable of being provided with
a full range of urban services.
See § 390-0310U.
A tree that would occupy the uppermost canopy of a forest
in a natural ecological situation (e.g., hickory, oak, maple, etc.).
A lot abutting a navigable lake, stream, or watercourse.
Any medium visible from a public way, including its structure,
words, letters, figures, numerals, phrases, sentences, emblems, devices,
designs, trade names, or trade marks by which information or message
is made known.
The message or advertisement and any other symbols on the
face of a sign.
The area or display surface used for the sign copy.
A sign that is mounted or painted on or attached to an awning,
canopy, or marquee.
Any sign placed upon or supported by the ground independent
of any other structure.
A sign that is not permanently placed, affixed to a building,
structure, or to the ground. Such sign may be mounted on wheels to
make it transportable.
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
A sign erected upon or over the roof or parapet of any building.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
A sign located completely within an enclosed building and
visible from a public way.
See § 390-0306A.
See "gross site area."
See § 390-0315V.
See "fence, solid."
Zoning districts that primarily regulate the use of land
and intensity or density of such use. See Article 2.
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 either the first placement of permanent
construction of a structure on the site such as the pouring of a slab
or footings, the installation of piles, or the construction of columns.
Construction activity does not include any of the following: land
preparation, such as clearing, grading and filling; installation of
streets and/or walkways; excavation for basements, footings, piers,
or foundations; erection of temporary forms; installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or part of the main structure.
Areas that contain a gradient of 12% or greater.
See § 390-0315T.
That portion of a building included between the surface of
any building floor and the surface of the floor next above or, if
there is no floor above, the space between the floor and the ceiling
next above. Basements shall not be counted as building stories.
Unless specifically designated otherwise by the Village,
any public or private way that is dedicated or permanently open to
pedestrian and vehicular use. Newly platted public and private streets
shall be located on a right-of-way or easement with a minimum of 50
feet of width.
A street that provides primary access to and through an area.
A street that disperses traffic throughout an area.
A street that provides access to individual properties.
A local street that primary serves to provide access directly
to residential driveways and private residential courts and streets.
A collector street serving primarily residential land uses
and that primarily serves to connect local residential streets to
collector or arterial streets.
Decorative lighting for store fronts, displays, or signage.
Any change in the integral supporting or framing members
of a structure or any change in the roof structure or in the exterior
walls or any change in any interior walls. Structural alterations
do not include the replacement of existing windows or doors with new
windows or doors of the same size.
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting public utility
fixtures and appurtenances.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications that
are solely necessary to ensure safe living conditions; or
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places.
A linear depression in the land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse (also see bioswale in § 390-0911).
See § 390-0316F.
See § 390-0316A.
See § 390-0316H.
See § 390-0316C.
See § 390-0316B.
See § 390-0316E.
See § 390-0316G.
See § 390-0316D.
A land use that is present on a property for a limited and
specified period of time.
See § 390-0310M.
See § 390-0306E.
See § 390-0313A.
See § 390-0306C.
See § 390-0306B.
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 the chapter.
Those additional public services normally provided or needed
in urban areas, including public water supply and distribution systems,
sanitary sewerage systems, police and fire protection, solid waste
collection, urban storm drainage systems, streets with curbs and gutters,
streetlighting, neighborhood facilities such as parks and schools,
and urban transportation facilities such as sidewalks and trails,
on-street bicycle lanes, taxi service, and mass transit.
The purpose or activity for which land or any building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
See "accessory use."
See "conditional use."
See "principal use."
A sign that displays words, numbers, lines, logos, figures
and/or symbols that can change electronically to provide different
information.
[Added 5-2-2020 by Ord.
No. 2020-01]
Permission to depart from the requirements of this chapter, granted pursuant to § 390-1215.
See § 390-0310S.
Entrance to an industrial, institutional, or business use
for customers and visitors.
Land used primarily for the purpose of locating wells to
supply a municipal water system.
An area that is saturated by surface water or groundwater,
with vegetation adapted for life under those soil conditions.
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the Village of Williams Bay and its environs.
A required open space on a lot, which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky, except as
expressly permitted in this chapter. A yard shall extend along a lot
line and at right angles to such lot line to a depth or width specified
in the setback regulations for the zoning district in which such lot
is located.
The yard between the side lot lines extending from the front
lot line to the nearest part of the nearest principal building. For
corner lots, the yard on which the property is addressed shall be
the front yard. For double-frontage lots in which the lot has frontage
on more than one street (see "lot, double frontage"), there shall
be two front yards.
The yard between the front and rear lot lines extending from
the interior side lot line to the nearest part of the nearest principal
building.
The yard between the side lot lines extending from the rear
lot line to the nearest part of the nearest principal building. For
double-frontage lots (see "lot, double-frontage"), there shall be
no rear yard.
The yard between the side lot lines extending from the shore
lot line to the nearest part of the nearest principal building.
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 principal building.
A structure that is built on the property line, such as a
twin house, townhouse, or downtown unit.
The person authorized and charged by the Village with the
administration of this chapter.
