The regulations in this chapter are adopted under the authority
granted by § 62.23(7), Wis. Stats. The Board of the Village
of Birnamwood, Wisconsin, does ordain as follows.
This chapter shall be known as, referred to, or cited as the
"Zoning Ordinance, Village of Birnamwood, Wisconsin."
The purpose of this chapter is to promote the health, safety,
morals, prosperity, aesthetics, and general welfare of this community.
It is the general intent of this chapter to regulate and restrict
the use of all structures, lands and waters; regulate and restrict
lot coverage, population distribution and density, and the size and
location of all structures so as to: lessen congestion in and promote
the safety and efficiency of the streets and highways; secure safety
from fire, flooding, panic, and other dangers; provide adequate light,
air, sanitation, and drainage; prevent overcrowding; avoid undue population
concentration; facilitate the adequate provision of public facilities
and utilities; stabilize and protect property values; further the
appropriate use of land and conservation of natural resources; preserve
and promote the beauty of the community; and to provide for the administration
and enforcement of this chapter including penalties for its violation.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, ordinances, rules, regulations or permits previously adopted
or issued pursuant to law. However, wherever this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
The provisions of this chapter shall be interpreted and applied
as minimum requirements, shall be liberally construed in favor of
the Village, and shall not be deemed a limitation or repeal of any
other power granted by the Wisconsin Statutes.
If a section, clause, provision or portion of this chapter is
adjudged unconstitutional or invalid by a court of competent jurisdiction,
such judgment shall not affect the remainder of this chapter.
All other ordinances or parts of ordinances of the Village inconsistent
or conflicting with this chapter, to the extent of the inconsistency
only, are hereby repealed.
This chapter shall be effective after a public hearing, adoption
by the Village Board and publication or posting as provided by law.
The following words, phrases and terms, wherever they occur
in the chapter, shall be interpreted as herein defined:
A use or detached structure subordinate to the principal
use of a structure, land or water and which is located on the same
lot, serving a purpose customarily incidental to the principal use
or the principal structure.
Land or buildings devoted to the care, feeding or examination
of animals by a veterinarian or person charged with the responsibility
of caring for impounded animals.
Land or buildings devoted to the welding, reconstruction,
motor overhaul, reupholstery, painting or repainting of vehicles.
Any structure which is built for the support, shelter or
enclosure of persons, animals, chattels or movable property of any
kind, and which is permanently affixed to the land.
Building height is the vertical distance from the curb level,
or its equivalent, opposite the center of the front of a building
to the highest point of the top side of the roof in the case of a
flat roof; to the deckline of a mansard roof; and to the mean level
of the under side of the rafters, between the eaves and the ridge,
of a gable, hip or gambrel roof.
The officer or other designated authority charged with the
administration and enforcement of this chapter or his duly authorized
representative.
A detached building is a building surrounded by open space
on the same lot.
A camp exclusive of buildings.
Any public or private premises established for day and overnight
habitation by persons using equipment designed for the purpose of
temporary camping.
A nonprofit association of persons, who are bona fide members
paying dues, which owns, hires, or leases a building, or portion thereof;
the use of such premises being restricted to members and their guests.
A use of structure, building or land devoted to one or more
of the following uses: tavern, bar, supper club, or similar use, but
not including those uses listed under commercial recreation facilities.[1]
A structure devoted to the sale of confections, snacks or
other light meals and providing no inside seating nor drive-in service
for the customers.
A group of rooms constituting of all or part of a dwelling,
which are arranged, designed, used or intended for use exclusively
as living quarters for one family and not more than an aggregate of
two roomers, and which includes complete kitchen facilities permanently
installed.
A residential building which is entirely surrounded by open
space on the same lot.
A residential building containing two dwelling units.
A building containing three or more dwelling units.
A residential building containing one dwelling unit.
One or more persons related by blood, marriage or adoption,
or a group of not more than five persons not so related, maintaining
a common household in a dwelling unit.
The land adjacent to a body of water which is subject to
periodic overflow therefrom.
The channel of a stream and such adjacent portions of the
floodplain as are required to accommodate flood flows.
A tract of land or buildings devoted in whole or part to
the raising of fur-bearing animals for commercial purposes.
A gainful occupation conducted by members of the family only
within their place of residence, provided that: no article is sold
or offered for sale on the premises except such as is produced by
such occupation; no stock-in-trade is kept or sold; no mechanical
equipment is used other than such as is permissible for purely domestic
purposes; and no person other than a member of the immediate family
living on the premises is employed.
A building containing lodging rooms, a common entrance lobby,
halls and stairway, where each lodging room does not have a doorway
opening directly to the outdoors except for emergencies, and where
more than 50% of the lodging rooms are for rent to transient guests,
with or without meals, for a continuous period of less than 30 days.
An open area where waste or scrap materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including,
but not limited to, scrap iron and other metals, paper, rags, rubber
tires and bottles. A junkyard includes a wrecking yard but does not
include uses established entirely within enclosed buildings.
A parcel of land, whether legally described or subdivided
as one or more lots or parts of lots, and which is occupied or intended
for occupancy by one principal building or principal use, together
with any accessory buildings and such open spaces as are required
by this chapter, and having its principal frontage upon a street or
road.
The area of contiguous land bounded by lot lines, exclusive
of land provided for public thoroughfares.
The mean horizontal distance measured between the front and
rear lot lines.
A lot situated at the intersection of two streets, the interior
angle of such intersection not exceeding 135°.
A lot other than a corner lot, reversed corner lot or through
lot.
A reversed corner lot is a corner lot, the street side lot
line of which is substantially a continuation of the front lot line
of the first lot to its rear.
A through lot is a lot having a pair of opposite lot lines
along two more or less parallel public streets, and which is not a
corner lot.
The lot width is the horizontal distance between the side
lot lines of a lot, measured at the narrowest width within the first
30 feet of lot depth.
The crushing and separating of ore into valuable substances
or waste by any of a variety of techniques; quarrying.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Mobile units or modified mobile units, including units with
or without wheels or means of mobility, designed to be transported
to a site and designed for permanent living, sleeping or commercial
purposes.
Any premises on which are parked two or more mobile homes
for temporary or permanent habitation.
A building or series of buildings in which lodging only is
offered for compensation and which may have more than five sleeping
rooms or units for this purpose and which is distinguished from a
hotel primarily by reason of providing direct independent access and
adjoining parking for each rental unit.
Any use of land, buildings or structures which does not comply
with all of the regulations of this chapter or of any amendment hereto
governing use for the zoning district in which such use is located.
A type of development that may be conditionally allowed in
residential districts to achieve greater design flexibility.
A recreation area includes park, playground, ball field,
ski hill, sports field, swimming pool, riding stables or riding academies,
or other facilities and areas constructed for recreational activities
and open for uses by the public or private organizations.
A structure or structures devoted to the housing of the aged,
infirm or physically handicapped on an organized basis. For purposes
of this chapter, "rest home" shall include nursing home.
Includes retail stores and shops which offer goods and services
similar, but not necessarily limited, to the following: shoe shops,
clothes shops, gift shops, hardware stores, barbershops, beauty parlors,
or drugstores.
A farm building used or intended to be used solely by the
owner or tenant of the farm on which such building is located for
the sale of farm products.
A building other than a hotel or motel where meals or lodging
are furnished for compensation for three or more persons not members
of a family, but not exceeding 12 persons. For purposes of this chapter,
"rooming house" shall include boardinghouse and tourist home.
The minimum horizontal distance between the foundation line
of a building or structure and the property line.
Any structure or device displaying advertising in the form
of lettering, pictures, symbols or other media.
A site plan, for purposes of this chapter, shall be that
plan as outlined, including all specifications as listed or as required
by the Planning Committee.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building or any
substantial change in the roof structure or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground.
The use of property is the purpose or activity for which
the land or building thereon is designed, arranged, or intended, or
for which it is occupied or maintained.
A conditional use is a use, either public or private, which
because of its unique characteristics cannot be properly classified
as a permitted use in any particular district or districts. After
due consideration, in each case, of the impact of such use upon neighboring
land and of the public need for the particular use at the particular
location, such conditional use may or may not be granted.
A permitted use is a use which may be lawfully in a particular
district or districts, provided it conforms with all requirements,
regulations, and standards of such district.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electric power substations,
static transformer stations, telephone and telegraph exchanges, microwave
radio relays, and gas regulation stations, but not including sewage
disposal plants, municipal incinerators, warehouses, shops, and storage
yards.
Vehicle sales, service, washing and repair stations shall
not include automotive heavy repair and upholstery, as defined herein.
Shall include the following activities:
To construct, dredge, commence or do any work with respect to
any artificial waterway, channel, ditch, lagoon, pond, lake, or similar
waterway where the purpose is ultimate connection with an existing
navigable stream, lake or other body of navigable water, or where
any part of such artificial waterway is located within 500 feet of
the normal high-water mark of an existing navigable lake or flowage
or 300 feet of navigable streams, rivers, channels or canals.
To connect any natural or artificially constructed waterway,
canal, channel, ditch, lagoon, pond, lake or similar waterway with
an existing body of navigable water.
To change or alter the course of a river or stream.
To remove materials from the bed of navigable waters.
To deposit any material or to place any structure upon the bed
of any navigable water where no bulkhead line has been established
or beyond a lawfully established bulkhead line.
An open space on a lot which is unoccupied and unobstructed
from its lowest level to the sky. A yard extends along a line and
at right angles to such lot line to a depth or width specified in
the yard regulations for the zoning district in which such lot is
located.
A yard extending along the full width of the front lot line
between side lot lines.
The portion of the yard on the same lot with the principal
building, located between the rear line of the building and the rear
lot line and extending for the full width of the lot.
A yard extending along a side lot line between the front
and rear yards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Planning Committee, or on occasion referred to as
"Planning Commission," is composed of seven Village Board members
appointed by the Village President.
