This chapter shall be known, cited, and referred to as the City
of Jefferson Zoning Ordinance, except whereas referred to herein,
where it shall be known as “this chapter.”
This chapter is enacted pursuant to the authority granted by
the State of Wisconsin Statutes. Specific statutory references are
provided within the body of this chapter solely as a means of assisting
the reader. Such references are not to be considered as all-inclusive
and shall in no manner be construed so as to limit the application
or interpretation of this chapter. State Law References: §§ 62.23(7),
62.231, 87.30, Wisconsin Statutes.
This chapter is adopted for the purpose of protecting the health,
safety, morals, comfort, convenience, and general welfare of the public.
This chapter is designed to control and lessen congestion in the streets;
to secure safety from fire, panic, and other dangers; to promote adequate
light and air; to protect surface water and groundwater resources;
to prevent the overcrowding of land; to avoid undue concentration
of population; to preserve, protect, and promote property values;
to facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public facilities; to preserve the character
of historic areas; and to preserve burial sites as defined in § 3007.70(1)(b),
Wisconsin Statutes. It is also the intent of this chapter is to implement
certain goals and objectives of the City of Jefferson Comprehensive
Plan, which are best addressed through zoning approaches, as enabled
by Wisconsin Statutes.
It is hereby declared to be the intention of the City of Jefferson
City Council that provisions of this chapter are separable in accordance
with the following:
A.
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.
B.
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.
C.
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.
D.
The City does not guarantee, warrant, or represent that only those
areas designated as floodplains will be subject to periodic inundation
and hereby asserts that there is no liability on the part of the City,
its officers, employees, agents, or representatives for any flood
damages, sanitation problems, or structural damages.
It is not intended that this chapter abrogate or interfere with
any constitutionally protected vested right. It is also not intended
that this chapter abrogate, repeal, annul, impair, or interfere with
any existing easements, covenants, deed restrictions, agreements,
rules, regulations, or permits previously adopted or issued pursuant
to law.
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.
B.
Where property is affected by the regulations imposed by any provision
of this chapter and by other governmental regulations, the regulations
which are more restrictive or which impose higher standards or requirements
shall prevail. Regardless of any other provision of this chapter,
no land shall be developed or used, and no structure erected or maintained,
in violation of any state or federal regulations. Where there are
conflicts between or among regulations within this chapter, the regulations
that are more restrictive or which impose higher standards or requirements
shall prevail. In all instances, where there are conflicts between
the text of this chapter and any tables or figures of this chapters,
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 V.), 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.
F.
In cases of mixed occupancy or mixed-use buildings, the regulations
for each land use shall apply to the portion of the structure or land
so occupied or so used. In the case of buildings containing both residential
and nonresidential uses, the density, intensity, and bulk standards
for nonresidential buildings shall apply.
This chapter is applicable to all territory located within the
corporate limits of the City of Jefferson, all areas within the extraterritorial
jurisdiction of the City of Jefferson, and all areas where boundary
agreements are in place.
This chapter shall become effective upon passage and publication according to law, following the date of repeal and recreation of the Official Zoning Map. All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one year after the effective date of this chapter, except where subject to developer agreement provisions such as planned developments.
A.
All sections of this chapter are applied to all properties, all development
activity, and all uses of land and property within the City of Jefferson
and extraterritorial jurisdiction. Beyond this chapter, these kinds
of activities are subject to all City, state, and federal requirements.
C.
Where questions of applicability arise, the interpretation of applicability
falls under the duties of the Building/Zoning Inspector.
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 “City” shall mean the City of Jefferson, Wisconsin.
H.
The word “county” shall mean the County of Jefferson,
Wisconsin.
I.
The word “state” shall mean the State of Wisconsin.
J.
The words “Plan Commission” shall mean the City of Jefferson
Plan Commission.
K.
The word “Council” shall refer to the City of Jefferson
City Council.
L.
The words “Board” or “Board of Appeals” shall
refer to the City of Jefferson Board of Zoning Appeals.
M.
If there is any ambiguity between the text of this chapter and any
illustration or figure, the text shall control.
The following abbreviations in this chapter are intended to
have the following meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
ft
|
Foot
|
|
N/A
|
Not applicable
|
|
sq. ft.
|
Square feet
|
|
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. If a term used in this chapter is not defined in this section or elsewhere in this chapter, the definition of said term will be provided by the Building/Zoning Inspector, based on professional sources available including the American Planning Association and Urban Land Institute. For definitions of specific land uses, refer to Article III. For definitions of specific sign types, refer to Article IX. Definitions provided by this section include:
A means of providing vehicular or nonvehicular egress from
or ingress to a property, public right-of-way, or private roadway.
An accessory structure which is physically connected to the
principal building. Attached accessory structures shall be considered
part of the principal structure and are subject to the setback standards
for principal structures. Attached defines the relationship between
another building and a dwelling, meaning at least one of the following
conditions is present:
An accessory structure which is not physically attached to
the principal building. A minor connection between structures (outside
of anything defined in "accessory structure, attached") does not render
an accessory structure attached. Examples of minor connections include,
but are not limited to, decks 18 inches or less above grade, arbors
and fences, and similar open unclosed structures such as breezeways
over the pedestrian pathway between structures and no wider than five
feet.
See Article III. A structure or combination of structures that are located on the same lot, tract, or development parcel as the primary nonresidential building; are clearly incidental to and customarily found in connection with a primary building or use; and are subordinate to and serving a primary building or use.
See Article III. Structures accessory to a residential use, including but not limited to structures used to shelter parked passenger vehicles (including garages and carports), structures used to store residential maintenance equipment of the subject property, workshops, kennels, boathouses, and pool houses. Residential accessory structures may be attached or detached from the principal residential structure.
A use subordinate to the principal use of a building or lot
and serving a purpose customarily incidental to the principal land
use. Accessory uses in residential districts shall not involve the
conduct of any business, trade, or industry, except as defined as
a home occupation and shall not include the boarding of animals or
the keeping of fowl or farm animals (except pets or as otherwise permitted
by the Municipal Code).
Forty three thousand, five hundred and sixty square feet.
Any construction that increases the size of a building or
structure in terms of site coverage, height, length, width, or gross
floor area.
The number or other designation assigned by the Building/Zoning
Inspector to a housing unit, business establishment, or other structure
or site for purposes of mail delivery, emergency services, and so
forth.
A person authorized in writing by the property owner to represent
and act for a property owner in contacts with City employees, committees,
commissions, and the City Council, regarding matters regulated by
the Zoning Ordinance.
Any area of land designated, set aside, used, or intended
for use, for the landing and take-off of aircraft, and any appurtenant
areas designated, set aside, used, or intended for use, for airport
buildings or other airport facilities, rights-of-way, or approach
zones, together with all airport buildings and facilities located
thereon.
Any structure, object, or natural growth, or use of land
which obstructs the airspace required for the flight of aircraft in
landing or taking off at an airport or is otherwise hazardous to such
landing and taking off.
A minor public right-of-way/street or thoroughfare providing
secondary access to a property. Alley access does not constitute frontage
for the purposes of minimum lot frontage.
Any change, addition, or modification in construction (other
than maintenance), or any change in the structural members of buildings
such as load-bearing walls, columns, beams, girders, etc.
A measure which represents a common denominator for the purpose
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the maximum carrying capacity of one acre
of land and is related to the amount of feed various species consume,
and the amount of waste they produce. The following figure indicates
the number of common farm species which comprise a single animal unit:
|
Figure 300-1.23a
|
|
Animal Units
| |
|---|---|
|
Type of Livestock
|
Number of Animals/Animal Unit
|
|
Horse (more than 2 years)
|
1
|
|
Colt (less than 2 years)
|
2
|
|
Cattle (more than 2 years)
|
1
|
|
Cattle (less than 2 years)
|
2
|
|
Calves (less than 1 year)
|
5
|
|
Brood sow or boar
|
2
|
|
Hogs (up to 220 pounds)
|
3
|
|
Sheep
|
10
|
|
Lambs
|
14
|
|
Chickens: egg layers
|
30
|
|
Chickens: fryers
|
60
|
|
Turkeys
|
50
|
|
Source: The Stockman’s Handbook
|
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 300-10.52.
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys, or other public
ways.
A shielding or decorative fixture attached to a structure
and extending from the face of the structure that is permanent in
nature, which may be fixed or retractable.
A platform that is attached to and projects from the wall
of a principal building and is surrounded by a railing or balustrade.
This definition is different and separate from a porch, deck, fire
escape, etc.
That portion of a building between the floor and ceiling,
having at least one-half of its height below grade.
An earthen mound designed to provide visual interest on a
site, screen undesirable views, reduce noise, or fulfill other such
purposes.
The property abutting the street between the two nearest
intersecting or intercepting streets. A railroad right-of-way, the
boundary line of un-subdivided acreage, or a body of water shall be
regarded the same as an intersecting or intercepting street for the
purpose of defining a “block.”
A residential land use in which a dwelling unit is shared
by four or more adults who are not members of the same family.
A vehicle designed for operation as a watercraft propelled
by oars, sails, or engine(s).
A structure used for the storage of watercraft and associated
materials which has one or more walls or sides.
Any permitted combination of distance, vegetation, fencing,
and berming which results in a reduction of visual, noise and other
interaction with an adjoining property.
The area remaining on a lot after the minimum setback, drainage
provisions, and other site constraint requirements of this chapter
have been met.
The depth of the lot left to be built upon after the front
and rear yards are provided.
The width of the lot left to be built upon after the side
yards are provided.
A structure with a permanent location on the land, having
a roof that may provide shelter, support, protection, or enclosure
of persons, animals, or property of any kind.
The percentage of a lot covered by principal and accessory
buildings or structures.
The outline of the total area covered by a building’s
perimeter at the ground level.
The vertical distance from the established grade to the highest
point of a flat roof; the deck line of a mansard roof; or the average
height between eaves and ridge for a gable, hip and gambrel roof.
The narrowest distance between two buildings (see "minimum
building separation").
A building in which the main or principal use of the lot
is conducted.
The size and setbacks of buildings or structures and the
location of same with respect to one another, and includes the following:
Size and height of buildings;
Location of the perimeter of the building at all levels in relation
to lot lines, streets, or to other buildings;
Gross floor area of buildings in relation to lot area (floor
area ratio or FAR);
All open spaces allocated to buildings;
Amount of lot area provided per dwelling unit.
A measurement of the size of a tree equal to the diameter
of its trunk measurement four foot above natural grade.
A structure or sign attached and extending from the face
of a building, constructed as a permanent fixture.
The maximum lawful level of designed use of any structure,
or part thereof, as determined by the City’s adopted building
code and expressed in terms of occupants, seats, persons, employees,
or other units specified by the building code.
Structures and facilities owned or operated by a corporation,
association, person, or persons, for a social, educational, or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business.
The long-range master plan for the desirable use and development
of land in the City as officially adopted and as amended from time
to time by the Plan Commission and certified to the Council.
A use which may be appropriate or desirable in a specific
zone, but requires special approval because if not carefully located
or designed, may not be deemed compatible with neighborhood uses or
may create special problems.
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with separate interest in space. A condominium may include,
in addition, separate interest in other portions of such property.
An open space within one lot which is surrounded by structures
on more than 50% of its perimeter.
A contract between two or more parties which constitutes
a restriction of a particular parcel of land.
An uncovered and open platform built above grade and attached,
or separated from, to a principal or accessory building, typically
supported by pillars or posts. Decks are considered to be part of
a building or structure. Setbacks shall be measured from the outermost
portion of the deck.
Solid waste resulting from the construction, demolition or
razing of buildings, roads, and other structures. Demolition and construction
material typically consists of concrete, bricks, bituminous concrete,
wood, glass, masonry, roofing, siding, and plaster, alone or in combinations.
It does not include asbestos, waste paints, solvents, sealers, adhesive
or similar materials.
A term used to describe the number of dwelling units per
acre.
A guideline/specification or set of guidelines/specifications
regarding the architectural appearance of a building or improvement
that governs the alteration, construction, demolition, or relocation
of a building or improvement.
That area which is made up of physical property improvements
including but not limited to structures, parking, drives, signage
and utility features.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; the primary or principal
use or change in primary or principal use of any buildings or land;
any extension of any use of land; deposition of materials; or any
clearing, grading, or other movement of land, for which permission
may be required pursuant to this chapter.
A structural element of a house that protrudes from the plane
of a sloping roof surface. Dormers are used to create usable space
in the roof of a building by adding headroom and usually also by enabling
addition of windows.
A private roadway providing access to a public right-of-way.
A building or one or more portions thereof, containing one
or more dwelling units, but not including habitations provided in
nonresidential uses such as lodging uses and commercial campgrounds.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
A dwelling entirely surrounded by open space on the same
lot.
Written authorization, recorded in the Register of Deeds
office, from a landowner authorizing another party to use any designated
part of the land owner’s property for a specified purpose.
The view of any building or other structure from any one
of four sides regardless of the configuration or orientation of a
building. Each elevation will generally be identified as a north,
south, east or west building elevation. Also see “facade.”
The area outside of the City limits in which the City of
Jefferson may exercise extraterritorial powers of planning, land division,
and/or zoning review.
The wall planes of a building which are visible from one
side or perspective (e.g., front, side, rear). See “elevation
(building).”
A person living as an individual or any of the following
groups living together as a single nonprofit housekeeping unit and
sharing common living, sleeping, cooking and eating facilities:
Any number of people related by blood, marriage, domestic partnership,
legal adoption, guardianship or other duly-authorized custodial relationship.
Two unrelated adult individuals and the minor children of each.
For the purpose of this section, “children” means natural
children, grandchildren, legally adopted children, stepchildren, or
a ward as determined in a legal guardianship proceeding.
Three unrelated adult individuals.
Up to four unrelated persons who have disabilities/are disabled
or handicapped under the Fair Housing Amendment Act (FHAA) or the
Americans with Disabilities Act (ADA), are living as a single household
because of their disability, and require assistance from a caregiver.
This definition does not include those persons currently illegally
using or addicted to a “controlled substance” as defined
in the Controlled Substances Act, 21 U.S.C. Section 802(6).
Up to two personal attendants who provide services for family
members or roomers who are disabled or handicapped under the Fair
Housing Amendment Act (FHAA) or the Americans with Disabilities Act
(ADA) and need assistance with the activities of daily living shall
be considered part of a family. Such services may include personal
care, housekeeping, meal preparation, laundry or companionship.
Functional family: A group of individuals living together in
a single dwelling unit and functioning as the equivalent of a family,
whether or not they are related by blood, marriage or other legal
relationship. See definition of “functional family.”
|
|
Any building, other than a dwelling unit, used for storing
agricultural equipment or farm produce or products, having livestock
or poultry, or processing dairy products.
Any artificially constructed barrier erected to separate,
enclose, or screen areas of land.
A type of fence constructed of evenly-spaced vertical boards
that are connected by two or more horizontal rails.
A fence, including solid entrance and exit gates, that is
least 90% opaque and that effectively conceals the materials stored
and operations conducted behind it from view.
A type of fence constructed of wooden beams or timber logs
(usually split lengthwise into rails) that are arranged in a manner
that allows for more than 75% of the fence’s surface area to
be open for the free passage of light and air.
The sum of the gross horizontal areas of the floors of a
building, including interior balconies, mezzanines, basements, and
attached accessory buildings, stairs, escalators, unenclosed and enclosed
porches, heating and utility rooms, etc. Measurements shall be made
from the outside of the exterior walls and to the center of interior
walls dividing attached buildings.
For the purpose of determining the floor area ratio, the floor
area of a building is the sum of the gross horizontal area of the
several floors of the building measured from the exterior faces of
the exterior walls or from the center line of the walls separating
two buildings. The floor area of a building includes basement floor
area when more than one-half of the basement height is above the established
curb level or above the finished lot grade where curb level has not
been established, elevator shafts and stairwells at each floor, floor
space used for mechanical equipment (except equipment, open or enclosed,
located on the roof), penthouses, attic space having head room of
seven feet 10 inches or more, interior balconies and mezzanines, porches,
and floor area devoted to accessory uses. However, any space devoted
to off-street parking or loading is not included in floor area.
The floor area of structures devoted to bulk storage of materials,
including, but not limited to, grain elevators and petroleum storage
tanks, is determined on the basis of height in feet; i.e., 10 feet
in height shall equal one floor.
Floor area of the building or buildings on the zoning lot
divided by the area of the zoning lot, or, in the case of planned
developments, by the net site area. The floor area ratio requirements,
as set forth under each zoning district, shall determine the maximum
floor area allowable for the building or buildings (total floor area
of both principal and accessory buildings) in direct ratio to the
gross area of the zoning lot.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
A group of individuals living together and sharing common
living, sleeping, cooking and eating facilities in which one to four
children are provided home-like care by licensed foster parents (individuals
other than those defined in “family” above with primary
responsibility for the care and supervisions of one or more foster
children placed in their foster home) and in whose name the foster
home is licensed under Wis. Stats. DCF 56. Pursuant to Wis. Stats.
§ 62.23(7)(i)3.
See "lot frontage."
A group of individuals living together in a single dwelling
unit and functioning as the equivalent of a family, whether or not
any of the individuals are related by blood, marriage or other legal
relationship. Groups of four or more unrelated adult individuals shall
be rebuttably presumed not to be a functional family under this definition.
In determining whether or not a group of unrelated individuals is
a functional family under this definition, the Building/Zoning Inspector
or other reviewing body shall consider the following criteria:
Factors to be considered in this determination include whether:
A lease, sublease or other agreement define portions of the
dwelling unit granting limited access to portions of the dwelling
unit.
Members of the household have been living together as a functional
family unit for a period of one year or more, whether at the current
address or other addresses.
Minor dependent children, if any, share the dwelling as their
principal residence and are enrolled in local schools.
Members of the household engage in group living activities such
as shopping, cooking, eating and socializing.
Members of the household consistently share household expenses
or a budget, including expenses for food, rent or ownership costs,
utilities and other common household expenses.
Members of the household have established a joint bank account
or other similar means to consistently provide for the payment of
common expenses.
Members of the household share common ownership of vehicles,
furniture, major appliances, and other significant household resources.
Members of the household share the address for voter registration,
drivers licensing, vehicle registration, tax filing or other similar
purposes.
Members of the household are employed in non-seasonal and non-transient
jobs in the local area.
Any other factors reasonably related to and serving as evidence
of the household members’ status as a functional family unit.
Unless sufficiently rebutted by competent evidence, any of the
following factors shall indicate the absence of a functional family
relationship:
A lease, sublease or other agreement which makes each occupant
jointly or severably liable for the performance of the lease or agreement.
A lease, sublease or other agreement which holds a relative
or any other person who is not an occupant of the household to be
a guarantor of the lease or agreement.
A lease, sublease or other agreement which requires or prohibits
occupancy and/or payment for occupancy for a period consistent with
the semester schedule of local places of higher education or upon
a seasonal basis.
A majority of members of the household attend any places of
higher education in at least a half-time basis.
An attached or detached building or structure, or part thereof,
used or designed to be used for the parking and storage of vehicles.
Garages are also commonly used to store other items associated with
the use of a lot such as yard maintenance and children’s play
equipment.
The surface elevation of the ground or pavement at a stated
location as it exists prior to disturbance in preparation for a project
regulated by the chapter.
The final elevation of the ground surface after man-made
alteration, such as grading, grubbing, filling or excavating have
been made and is part of an approved grading and drainage plan by
the City of Jefferson.
An area landscaped with shrubs, trees, and other vegetative
ground cover.
The result of dividing the number of dwelling units located
on a site by the gross site area (see "maximum gross density").
The total floor area inside the building envelope on all
levels of a building.
The total area of a single lot or the sum of multiple lots
in common use.
Space in a structure used for living, sleeping, eating or
cooking. Bathrooms, toilet compartments, closets, halls, storage or
utility spaces, or any space where the floors to ceiling height is
less than seven feet and similar areas are not considered habitable
space.
Any building or site that meets one or more of the following
criteria: buildings or sites listed on the Wisconsin or National Register
of Historic Places, either individually or as a contributing building
or site to a historic district; buildings or sites with a State Historic
Preservation Officer opinion or certification that the property is
eligible to be listed on the State Register or National Register of
Historic Places, either individually or as a contributing building
or site to a historic district; or is locally designated as a local
landmark.
Surfaces that prohibit infiltration of stormwater. Homes,
buildings, and other structures with roofs, as well as concrete, brick,
stone, asphalt, gravel, and similar paved surfaces are considered
impervious.
A measure of the intensity of land use, determined by dividing
the total of all impervious surfaces on a site by the gross site area.
Occupancy of a dwelling unit by no more than one family.
Any vacant lot or parcel within developed areas of the City,
where at least 80% of the land within a 300-foot radius of the site
has been developed; and where water, sewer, streets, schools, and
fire protection have already been developed and are provided. Annexed
areas located on the periphery of the City limits shall not be considered
infill sites.
A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross site area.
The percentage of the gross site area or lot area which is
preserved as permanently protected green space or landscaped area
in relation to the percentage of gross site or lot area included in
development.
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes, and trees. The landscaped
area also includes the area located within planted and continually
maintained landscaped planters as well as subordinate accessory use
of other landscape elements such as mulch, river rock, etc.
A roofed arcade or gallery with open sides stretching along
the front or side of a building, often at an upper level.
A parcel of land in one ownership and not divided by a street
nor including any land within the limits of a public right-of-way.
The term “lot of record” shall mean land designated as
a distinct and separate parcel on a legally recorded plat, subdivision,
or other instrument permitted by law, in the Register of Deeds office.
The computed area contained within the lot lines of a recorded
lot, including land over which easements have been established.
The mean horizontal distance between the front and rear lot
lines.
The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the right-of-way.
All sides of a lot that abuts a street shall be considered lot frontage.
On curvilinear streets, the distance of the arc between the side lot
lines shall be considered the lot frontage.
A lot line is the legal property line (including the vertical
plane established by the line and the ground) bounding a lot except
that where any portion of a lot extends into the public right-of-way
or a proposed public right-of-way, the line of such public right-of-way
shall be the lot line for applying this chapter.
A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street frontages, the lot
line along the street with the shortest frontage distance shall be
the front lot line, unless approved otherwise by City staff (See also
"lot line, street side"). See Figure 300-1.23c.
In the case of rectangular or most trapezoidal shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular, or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots that have
frontage on more than one road or street, the rear lot line shall
be opposite the front lot line (shorter of the frontages). See Figure
300-1.23c.
Any lot line other than a front or rear lot lines. A side
lot line separating a lot from a street is called a side street lot
line. A side lot line separating a lot from another lot is called
an interior side lot line. See Figure 300-1.23c.
Any lot line which abuts a public or private street right-of-way
which is not the front lot line (see also lot line, front). See Figure
300-1.23c.
A platted lot or lot described in a plat, certified survey
map, in a metes and bounds description, or other instrument permitted
by law and has been approved by the City of Jefferson and/or by Jefferson
County, and has been recorded in the office of the Register of Deeds.
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot line(s) at the required
front yard setback (see minimum lot width).
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street lines or their greatest angle is the
“corner.”
A lot that does not contain a principal structure, which
is located directly across the street or alley from a lot containing
a principal residential structure. Typically, garage lots contain
a garage or other accessory structure and are under the same ownership
as the lot containing the principal residential structure.
A lot other than a corner lot.
|
Figure 300-1.23c
Regular Lot Descriptions
 |
A lot having frontage on two parallel or approximately parallel
streets (also known as a “double-frontage lot”). See Figure
300-1.23c.
An activity that restores the character, scope, size, or
design of a serviceable area, structure, or land use to its previously
existing, undamaged condition. Activities that change the character,
size, or scope of a project beyond the original design or otherwise
alter a serviceable area, structure, or land use are not included
in this definition.
A one- or two-family home certified and labeled as a manufactured
home under 42 USC 5401-5426 which when placed on the site is set on
an enclosed foundation in accordance with § 70.043(1) Wis.
Stats. and Subchapters III, IV, and V of Chapter COMM 21, Wis. Adm.
Code, or a comparable foundation as approved by the local Building
Inspector, is installed according to manufacturer’s instructions,
is properly connected to utilities, has asphalt shingles and a gable
or hip roof, has insulated glass windows, has vinyl, aluminum or other
quality siding, and is a minimum of 22 feet wide.
The largest permitted total gross floor area a building may
contain (see "building size").
The maximum number of dwelling units permitted per acre of
gross site area (see "gross density").
The narrowest permitted building separation.
The lowest permitted landscape surface ratio (see "landscape
surface ratio").
The minimum size lot permitted within the specified zoning
district.
The smallest permissible lot width for the applicable zoning
district.
The narrowest distance permitted from a street, side, or
rear property line to a structure.
Some combination of residential, commercial, industrial,
office, institutional, and/or other land uses within a district or
development.
A type of single-family dwelling unit suitable for year-round
occupancy designed to be towed as a single unit or in sections, with
or without a permanent foundation, with walls of rigid, un-collapsible
construction, and with water supply, sewage disposal, and electrical
convenience. A mobile home includes both a “mobile home”
and a “manufactured home” as defined by Wisconsin Statutes.
A mobile home does not include a “modular home” as defined
by this chapter. Any similar dwelling unit which has its own motor
or remains on wheels shall be considered a recreational vehicle.
A dwelling unit meeting the Uniform Dwelling Code that is transported to the building site in sections, does not have a permanent chassis, and is permanently mounted on a permanent foundation. A modular home is regulated as a single-family dwelling unit under § 300-3.06A.
A building or structure designed for three or more separate
dwelling units in which one dwelling unit may have a roof, wall, or
floor in common with another dwelling unit.
All natural inland lakes, rivers, streams, ponds, sloughs,
flowages, and other waters within the territorial limits of Wisconsin,
including the Wisconsin portion of boundary waters. All bodies of
water with a bed differentiated from adjacent uplands and with levels
of flow sufficient to support navigation by a recreational craft of
the shallowest draft on an annually recurring basis. For the purposes
of this chapter, rivers and streams will be presumed to be navigable
if they are designated as either continuous or intermittent waterways
on the United States Geological Survey quadrangle maps until such
time that the Wisconsin Department of Natural Resources has made a
determination that the waterway is not, in fact, navigable.
The area of a site which may be disturbed by development
activity. Net developable area is the result of subtracting undevelopable
area (comprised of surface water, wetlands, 100-year floodplains,
floodways, drainageways, and steep slopes exceeding 19%) from the
gross site area.
Any building or other structure which was lawfully existing
under ordinances or regulations preceding this chapter, but which
would not conform to this chapter if the building or structure were
to be erected under the provisions of this chapter.
A lawful development approved under ordinances or regulations
preceding the effective date of this chapter, but which would not
conform to this chapter if the development were to be created under
the current provisions of this chapter.
A nonconforming or substandard lot is a lot legally established
prior to the effective date of this chapter or subsequent applicable
amendments thereto which would not be permitted under the current
terms of this chapter.
A structure legally established prior to the effective date
of this chapter or subsequent applicable amendments thereto which
would not be permitted under the current terms of this chapter. Parking,
loading, access drives, and other paved areas are included in the
definition of structure.
An active and actual use of land, buildings, or structures,
which was lawfully existing prior to the enactment of this chapter
or amendments thereto, which has continued as the same or less intensive
use to the present, and which, does not comply with the applicable
regulations of this chapter.
The individual uses including but not limited to “agricultural land uses,” “institutional land uses,” “commercial land uses,” “industrial land uses,” “storage land uses,” “transportation land uses,” “extraction and disposal land uses,” and “energy production land uses” as listed in Article III.
The use of land, buildings or structures. The residing of
an individual or individuals overnight in a dwelling unit or the installation,
storage, or use of equipment, merchandise, or machinery in any nonresidential
structure. Change of occupancy is not intended to include change of
tenants or proprietors.
A discontinuance of an existing use and the substitution
therefor of a use of a different kind or class. Change of occupancy
is not intended to include a change of tenants or proprietors unless
accompanied by a change in the type of use.
The map adopted pursuant to § 62.23 of the Wisconsin
Statutes which shows existing and proposed streets, highways, parkways,
parks and playgrounds, school sites, etc.
The degree to which vision is blocked by bufferyard. Opacity
is the proportion of a bufferyard’s vertical plane which obstructs
views into an adjoining property, i.e., the screening effectiveness
of a bufferyard or fence expressed as the percentage of vision that
the screen blocks.
Any area not covered by a structure.
A mark delineating the highest water level which has been
maintained for a sufficient period of time to leave evidence upon
the landscape. The ordinary high-water mark is commonly that point
where natural vegetation changes from predominately aquatic to predominately
terrestrial. In areas where the ordinary high-water mark is not evident,
setbacks shall be measured from the stream bank of the following water
bodies that have permanent flow or open water: the main channel, adjoining
side channels, back waters, and sloughs.
An outdoor accessory structure designed to heat water through
a wood fire and then transmit that heated water to the principal building
for direct use and/or heating the principal building. All outdoor
wood burning furnaces are prohibited the City of Jefferson.
A zoning district which imposes uniform restrictions on all
properties within its area which are in addition to the restrictions
specific to the underlying or base zoning districts.
The person, persons, or entity having the right of legal
title to a lot or parcel of land.
The extension of a false front or wall above the roofline.
Any area of land (lot or contiguous group of lots) in the
City under single ownership as shown on the last assessor’s
roll of the county or the records of the City, whichever is the most
recent.
An area of a parking lot, or drive which has been designated for parking on a site plan and is located on a paved surface per the requirements of § 300-6.06. On single-family and two family lots, parts of the driveway, open spaces (outside of front and side yards) and the spaces within a garage may be used as designated parking spaces.
An open, level-surfaced area which is typically impervious
has an elevation of no more than 12 inches, and without walls or a
roof, intended for outdoor seating and recreation.
The area between the nearest right-of-way or lot line and
any impervious surfaces on the lot. This setback does not apply to
driveways, driveway entrances, public sidewalks, or sidewalks perpendicular
to the street right-of-way on private property. See Figure 300-1.23d.
|
Figure 300-1.23d
Pavement Setbacks1
|
Key to Figure 300-1.23d
| |
 |
A.
|
Pavement setback to side lot line.
|
|
B.
|
Pavement setback to right-of-way (driveway)
| |
|
C.
|
Pavement setback to right-of-way (sidewalk or driveway)
| |
|
D.
|
Pavement setback to right-of-way (porch, stoop, patio)
| |
|
NOTE:
| ||
|
1Exempt from the standard 10-foot
street right-of-way and 5-foot side and rear yard setback requirements
are:
| ||
|
• Driveway entrance at right-of-way (maximum 20 feet wide)
| ||
|
• Perpendicular walkway (maximum 5 feet wide)
| ||
Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings.
Permanently protected green space areas that are protected
from development such as wetlands, floodplains, drainage ways, steep
slopes, lakeshores, certain woodlands, native or restored habitat,
and stormwater facilities.
A surface which allows for precipitation from any source
to infiltrate directly into the ground. Undisturbed ground is a pervious
surface. Some disturbed ground can be pervious if designed as such.
A structure, together with its accessory structures and uses,
where persons regularly assemble for religious worship and is maintained
and controlled by an organized religious body organized to sustain
public worship, which is exempt from federal income tax as regulated
by the Internal Revenue Service Code.
A map or drawing which graphically delineates the boundary
of land lots/parcels for the purpose of identification and record
title.
A typically metal-clad structure most often utilizing wooden
poles and trusses for support with unfinished, uninsulated interiors.
Such structures are normally used for agricultural purposes, for construction
trade storage, or for general storage, and are not intended for human
occupancy.
A covered platform at an entrance to a dwelling, which is
not heated or cooled or used for livable space, that is attached to
the outside of a building. The post of the porch is considered the
wall for setback purposes.
The building containing the principal use, including the
foundation, basement, and attic. When calculating the area of the
principal structure, attached residential accessory structures such
as attached garages, attached garden sheds, and attached pool houses
are not considered part of the principal structure.
The main use to which a parcel is devoted and the main purpose
for which the premises exists.
Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, such as: streets, roads, alleys, or pedestrian walks or paths;
storm sewers; flood control improvements; water supply and distribution
facilities; sanitary sewage disposal and treatment; and public utility
and energy services.
Equipment used by residents of a principal building on-premise
including but not limited to swimming pools, swings, slides, climbers,
teeter-totters, play-forts, sandboxes, supports for basketball baskets
and backboards, badminton nets and similar equipment, but not including
recreational vehicles normally utilized off-premise, including but
not limited to boats, trailers, campers, travel trailers and snowmobiles.
A term encompassing any type of vehicle used primarily for
recreational pleasure. Examples include but not limited to travel
trailers, motor homes, boats, all-terrain vehicles, snowmobiles, etc.
Recreational vehicles shall include any mobile structure designed
for temporary occupancy, but shall exclude manufactured homes.
A flood determined by the Wisconsin Department of Natural
Resources which is representative of large floods known to have occurred
generally in Wisconsin and reasonably characteristic of what can be
expected to occur on a particular stream. The regional flood generally
has an average frequency in the order of the 100-year recurrence interval
flood determined from an analysis of floods on a particular stream
and other streams in the same general region.
The individual uses listed under “dwelling unit type” in § 300-3.06.
A publicly-owned or privately-owned way, generally open to
the sky and unobstructed by buildings, that runs along the river edge
and is open to the public. It may include, without limitation, any
combination of open space, paved areas, landscaped areas, pedestrian
paths, and pedestrian furnishings.
See “garage or estate sale” in Article III.
A term used to describe the gross floor area, height, or
volume of a single structure or group of structures.
The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line, excluding permitted projections per § 300-4.40.
See § 300-9.03.
A horizontal area on the facade of a building located between
the transom and the cornice, which is typically opaque and provides
a location for signage indicating the name of the establishment.
A horizontal, lower member or bottom of a door or window
casing.
A dwelling unit type that consists of a fully detached single-family
residence which is located on an individual lot. Single-family dwelling
units are designed for one family (see "family" definition above)
and have no roof, wall, or floor in common with any other dwelling
unit. A single-family dwelling that contains an in-family suite is
still considered a single-family dwelling.
See "gross site area."
See § 300-10.43.
An incline from the horizontal expressed in an arithmetic
ratio of horizontal magnitude to vertical magnitude. (Example: 3:1
slope is three feet horizontal and one-foot vertical.)
The date the building permit is issued, provided the actual
start of activity was within 365 calendar days of the permit date.
The actual start of activity means the first placement of permanent
construction on the site. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does
it include the installation of public streets and/or walkways; nor
does it include excavation for basement, footings, piers, or foundations;
nor does it include the erection of temporary forms.
Steep slopes are areas which contain a ratio of horizontal
magnitude to vertical magnitude of 8:1 (gradient of 12% or greater).
That portion of a building, other than a basement, that is
between the surface of any floor and the surface of the next floor
above it or, if there is not a floor above, then the space between
such floor and the ceiling next above it.
A right-of-way for vehicular and pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, or however otherwise designated
and includes all of the area between the roadway or right-of-way lines.
The space between the sidewalk and the curb, or the equivalent
space where sidewalk or curb are not installed.
See alteration.
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excluding landscape features,
fences, public utilities, and other minor site improvements.
A lot of record which lawfully existed prior to this chapter,
which would not conform to the applicable regulations if the lot were
to be created under the current provisions of this chapter.
A land use which is present on a property for a limited and specified period of time. See § 300-3.30.
A horizontal bar of stone, wood or glass across the opening
of a door or window.
A building designed for two separate dwelling units in which
one dwelling unit may have a roof, wall, or floor in common with another
dwelling unit. For the purposes of this chapter, duplex, twin house,
and two-flat dwellings are considered to be two-family residential.
A single-family dwelling with an attached accessory dwelling unit
is not a two-family dwelling.
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height, or
density unnecessarily burdensome or unreasonable in light of the purposes
of the ordinance.
The purpose for which land or a building or structure is
arranged, designed, or intended, or for which it is, or may be, occupied
or maintained.
A relaxation of the terms of this chapter regulating land
uses or bulk regulations 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. Variances are further defined in Wis. Stats. § 62.23(7)(e)7.
See § 300-6.05.
An area that is saturated by surface water or groundwater,
with vegetation adapted for life under those soil conditions. See
also § 23.32(1), Wis. Stats.
Any structure in navigable waters extending along the shore
and generally connected with the uplands throughout its length, built
or maintained for the purpose of providing a berth for watercraft
or for loading or unloading cargo or passengers onto or from watercraft.
Such a structure may include a boat hoist or boat lift, and the hoist
or lift may be permanent or may be removed seasonally.
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the City of Jefferson and its environs.
An open space, other than a court, on a lot unoccupied and
unobstructed from the ground upward except as otherwise provided in
this chapter.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
A yard extending across the full width of the lot, the depth
of which is the minimum distance between the rear lot line and a line
parallel thereto on the lot.
A yard extending from the front yard to the rear yard, the
width of which is the minimum horizontal distance between the side
lot line and a line parallel thereto on the lot.
For corner lots, the yard between the front and rear lot
lines, extending from the street side lot line to the nearest part
of the nearest building or structure.
That yard which must be provided along a zoning district
boundary to provide for the required bufferyard on the more intensively
zoned side of the lot line.
The map adopted and designated by the City as being the “Official Zoning Map.”
