For the purposes of this chapter, certain words and terms are
defined as follows: words used in the present tense include the future;
the singular number includes the plural number and the plural number
includes the singular number; the word "building" includes the word
"structure"; the word "shall" is mandatory and not directory.
The definitions of terms throughout this chapter shall be interpreted
to have the following meanings:
Any building or structure on a farm that is accessory to
a permitted agricultural use. Excludes uses such as sales of farm
and forestry products, minor home occupation, and major home occupation.[1]
A permanent structure used exclusively for the storage of
watercraft for noncommercial purposes and associated materials and
includes all structures which are totally enclosed, having roofs or
walls or any combination of these structural parts.
Any structure for the shelter, support or enclosure of persons,
animals, chattels or property of any kind. When separated by division
walls without openings, each portion of such building so separated
shall be deemed a separate building.
A permit issued by the Town of Wescott Building Inspector.
A building or portion of a building subordinate to the main
building and used for a purpose customarily incidental to the permitted
use of the main building or the use of the premises.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deck line of a mansard roof, or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A building constituting the principal use of a lot.
Any lawful use, occupation, employment or enterprise where
merchandise is exhibited or sold or where services are offered for
compensation.
To place tents, motor homes, or camping units for the purpose
of encampment on a temporary basis.
A vehicle with a collapsible or folding structure designated
for human habitation and towed upon a highway by a motor vehicle.
Any portable device, no more than 400 square feet in area,
including but not limited to a camping trailer, motor home, bus, van
pickup truck or tent, but does not include a mobile home, manufactured
home, or manufactured dwelling.
A line connecting points on highways from which setback lines
shall be measured at any point on the highway.
A natural or artificial watercourse of perceptible extent,
with definite bed and banks to confine and conduct continuously or
periodically flowing water. Channel flow is water which is flowing
within the limits of the defined channel.
Ownership by the same person or persons, or a legal entity
that is wholly owned by the same person or persons. "Common ownership"
includes joint tenancy and tenancy in common. Solely for purposes
of this definition, a parcel owned by one member of a married couple
is deemed to be owned by the married couple.
A building or group of buildings in which dwelling units,
offices or floor area are owned individually, and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis. If a condominium is being reviewed as a site plan
under this chapter, approval of said site plan is contingent upon:
The Town of Wescott's approval of a preliminary condominium
plat.
Any applicable uses under this chapter that are within the Shawano
County Shoreland Zoning authority must be reviewed and approved by
Shawano County and will become a condition of the site plan review
process.
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Note: Shawano County Register of Deeds shall be notified that
a site plan review is required by the Town of Wescott before a Condominium
Declaration and/or plat is recorded.
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A dwelling or group of dwellings on one parcel available
to the public for rent for recreation and vacation purposes on a short-term
basis. All cottages must meet state, county and sanitary district
requirements relating to water supply and wastewater treatment.
A lot or parcel of record which is not improved with a single-family
dwelling which is in common ownership with an adjacent lot or parcel
which is improved with a single-family dwelling.
A room or rooms connected together, constituting a separate,
independent housekeeping establishment for one family only, for owner
occupancy or for rental, lease, or other occupancy, physically separated
from any other rooms or dwelling units, and containing independent
cooking and sleeping facilities.
A building or portion thereof designed for and occupied by
more than two families including tenement houses, row houses, apartment
houses and apartment hotels.
A detached building designed for or occupied by one family.
A building designed or altered to provide two attached dwelling
units for two separate families, including two-flats, duplexes, and
two-unit condominium buildings. The two dwelling units may or may
not be located on separate lots.
A group of persons related by blood, marriage, or adoption
and living together as a single housekeeping entity.
A barrier intended to prevent escape or intrusion or to mark
a boundary. A fence does not include a railing serving a deck, porch,
balcony, or similar items.
A fence whose entire length is more than 50% opaque and whose
individual elements or sections are also greater than 50% opaque.
A fence whose entire length is equal to or not greater than
50% opaque and whose individual elements or sections are also equal
to or not greater than 50% opaque.
All the property abutting on one side of a road or street
between two intersecting roads or streets or all of the property abutting
on one side of a road or street between an intersecting road or street
and the dead end of a road or street.
An accessory building or space for the storage of motor-driven
vehicles.
Any building or premises, other than a private or a storage
garage, where motor-driven vehicles are equipped, repaired, serviced,
hired, sold or stored.
A lot or parcel of record which is not improved with a single-family
dwelling which is not in common ownership with an adjacent lot or
parcel which is improved with a single-family dwelling.
A facility that provides a public or community service, and
is operated by a governmental, tax exempt, and/or not-for-profit entity.
A permit issued by the Shawano County Zoning Administrator
to verify compliance with the provisions of the County Zoning Ordinances.
A parcel or tract of land defined by metes and bounds description,
certified survey map or subdivision plat, in one ownership and not
divided by a street, nor including any land within the limits of a
public or private street right-of-way. The term "record lot" should
mean land designated as distinct and separate parcel on a legally
recorded deed, certified survey map or plat in the Register of Deeds
office.
Lot creation date shall be determined based on the earliest
evidence of title recorded in the County Register of Deed's office
specifying area/size, shape, depth and width of a particular lot,
which shall control for purposes of determining conformity with building
site dimensional requirements.
A lot line that abuts a public street right-of-way. In the
case of a lot that has two or more street frontages, the lot line
along the street from which the building is addressed shall be the
front lot line unless otherwise approved by the Zoning Administrator.
Any lot line that is not a front lot line, a street lot line,
or a rear lot line.
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. In the case of an irregular-shaped lot, a line at least
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 the opposite
of the front lot line, as defined in this section.
A lot line that abuts a public street right-of-way, but is
neither a front lot line nor a rear lot line, as defined in this section.
The lines bounding a lot as defined herein (see Figure A).
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FIGURE A
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The horizontal distance between street/interior side lot
lines measured at right angles to the lot depth line at a midpoint
between the front and rear lot line. The width of the lot at the front
lot line shall not be less than 80% of the required lot width except
in the case of lots on the turning circle of a cul-de-sac, where the
width shall not be less than 60% of the required 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°.
The horizontal length of a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
A lot which consists of a long narrow access area leading
to a larger parcel of land. The access resembles a flag pole and its
width is less than the minimum lot width for that specific zoning
district and the larger buildable area resembles the flag.
A dwelling structure or component thereof fabricated in an
off-site manufacturing facility for installation or assembly at the
building site which is certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 through 5426.
A transportable factory-built structure designed for long-term
occupancy built prior to enactment of the Federal Manufactured Housing
Construction and Safety Standards Act of 1974, which became effective
June 15, 1976, and which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway, and
designed, equipped and used primarily for sleeping, eating and living
quarters, or is intended to be so used; including any additions, attachments,
annexes, foundations and appurtenances. In the purpose of this section,
a mobile home shall remain classified as a mobile home regardless
of whether its wheels or other rolling devices have been removed or
not, even though assessable value of additions, attachments, annexes,
foundations and appurtenances or other added investments to the mobile
home equal or exceed 50% of the assessable value of the mobile home.
Excluded from this definition are "manufactured homes" as defined
above. Mobile homes can be required to be located in a mobile home
park. Manufactured homes cannot be required to be located in a mobile
home park. Mobile home does not include any camping unit.
A motor vehicle designed to be operated upon a highway for
use as a temporary or recreational dwelling and having the same internal
characteristics and equipment as a mobile home.
A vehicle that has been designed to be licensed and operated
on a public road.
A building or premises lawfully used or occupied at the time
of the passage of this chapter or amendments thereto, which use or
occupancy does not conform to the regulations of this chapter.
Normal and routine actions necessary to continue to restore
the safe and healthy use of a structure that has been damaged or has
deteriorated through natural aging and wear and which does not result
in a substantial structural improvement or a significant increase
in value. Such actions may include, but are not limited to, painting
and staining, and repair of exterior windows, skylights, doors, vents,
siding, insulation, wiring and plumbing (that does not alter the use
of the building), shutters, gutters, flooring, shingles, roofing materials,
walls or the foundation, and internal improvements within the structural
envelope without doing a structural alteration. Normal maintenance
and repair does not include structural modification, structural alteration,
enclosure of a deck or patio, change of a roof pitch, replacement
of foundational elements or similar components, or extension, enlargement,
reconstruction, movement, or replacement of any structure.
An area of land described in a single description in a deed,
or in a lot or outlot on a plat or certified survey map, separately
owned or capable of being separately owned.[2]
A line that separates parcels of land.
Any of the following:
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a travel trailer by the manufacturer of the trailer.
PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
MOTOR HOMEA vehicular type unit primarily designed as a temporary living quarters for recreational, camping, or travel use that has its own motor power.
In waterfront residential, residential, manufactured home, manufactured home park, or rural residential properties under five acres in size, recreational vehicles may be used on the owner's residential parcel and considered as a temporary occupancy, subject to the availability of sanitary facilities from the residence and not exceeding the amount of days defined under "temporary occupancy" in § 285-10 of this chapter.
Properties zoned Agriculture/Woodland/Open Spaces, and rural residential properties five acres or larger in size can exceed the temporary occupancy time requirement in § 285-10 of this chapter, provided they comply with the Shawano County Private On-Site Wastewater Treatment Ordinance.
The wheels or any similar transporting devices of any recreational
vehicle shall not be removed except for repair, nor shall any such
recreational vehicle be otherwise fixed to the ground in any manner
that would prevent ready removal.
Recreational vehicles must have an approved waste disposal system
and may not be permanently attached to a private sewage system as
defined in Shawano County Private On-Site Wastewater Treatment System
Ordinance.
A dividing line between a lot, tract or parcel of land and
an abutting road.
Include such businesses as barbershops, beauty parlors, laundromats,
music, dancing, art or photography studios, servicing, repair, home
appliance or equipment and similar uses.
The minimum horizontal distance between any lot line, including
a road right-of-way line, and the nearest point from the front, back
or side of a building foundation, excepting uncovered steps of a building
that faces a public right-of-way.
All the lands in the Town of Wescott which are subject to
the standards in the Shawano County Shoreland Zoning Ordinance.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public, but not including any flag, badge, or insignia of any
government or governmental agency, or any civic, charitable, religious,
patriotic, fraternal or similar organization, or any sign indicating
address. Each display surface of a sign shall be considered a sign.
A sign erected for the purpose of directing persons to a
place of business, recreation or public building, school or church.
An overhead plan for a land or building development proposal,
drawn to scale, that shows existing and proposed buildings, other
structures, parking areas, and other existing and proposed features
as may be specified in this Zoning Ordinance.
A street or driveway owned and maintained by a nonpublic
entity placed on private property, or placed within a public right-of-way
or public road easement only where there is a binding recorded agreement
with the government with jurisdiction for ongoing private maintenance.
A street located within a public right-of-way or a public
road easement, which is owned and maintained, upon public dedication,
or deeding by the government with jurisdiction.
Any change in the bearing walls, columns, beams, girders,
or supporting members of a structure; and change or rearrangement
in the floor area of a building, any enlargement of a structure whether
by extending horizontally or by increasing in height, and/or any movement
of a structure from one location or position to another.
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting gardens, garden
accessories, children's playhouses, fountains, sundials, seasonal
decorations, yard lights, flag poles, walkways, at-grade patios, play
equipment, signs not requiring a zoning permit, tree houses, basketball
courts, tennis courts, pet houses or private kennels for two or fewer
domestic animals, whirlpools, saunas, agricultural drainage systems,
piers, docks, and walkways built on pilings.
The occupying of a recreation vehicle for a cumulative period
not to exceed 15 days in any 12 months, or where the occupants of
the site are nonresident tourists or vacationers, and the recreation
vehicle shall be accompanied by an automobile bearing license plates
issued by any other state, for an accumulated period not to exceed
15 days in any 12 months.
A structure which is built of such materials and in such
a way that it would commonly be expected to have a relatively short
useful life, or is built for a purpose that would commonly be expected
to be relatively short-term and not to be habitable.
A relaxation of the terms of the 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.
A yard extending the full width of the lot, being the minimum
horizontal distance between the nearest part of the main building
and the front lot line.
A yard extending the full width of the lot, being the minimum
horizontal distance between the nearest part of the main building
and the rear lot line.
A yard extending from the front yard to the rear yard, being
the minimum horizontal distance between the nearest part of the main
building and the side lot line.
A local governmental official or designated agent which administers
and enforces the Wescott Zoning Ordinance and land development regulations,
including the issuance of zoning permits.
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 issued by the Town of Wescott Zoning Administrator
to verify compliance with the provisions of this Zoning Ordinance.
