This chapter shall be known, cited and referred to as the "City of Neillsville Zoning Ordinance or Zoning Code."
This chapter is adopted for the following reasons:
A.
To provide for the citizens of Neillsville adequate light, pure air, safety from fire and other dangers; to conserve the value of land and buildings; to lessen or avoid congestion of traffic in the public streets; and to promote the public health, safety, comfort, convenience, morals and general welfare;
B.
To promote the character and stability of residential, business and manufacturing areas within the City of Neillsville and to promote the orderly and beneficial development of such areas;
C.
To preserve the aesthetic quality of the City and also historic and cultural areas;
D.
To establish restrictions in order to attain these objectives by adopting a zoning ordinance which will update the districts into which the City is divided, the restrictions to which land and buildings may be subjected, the restrictions upon the location and height of buildings, the requirements upon the intensity of the use of land and buildings, the requirements of off-street parking facilities, the provision for administration and enforcement of the chapter, the penalties for violation of the chapter, and the procedure, powers and duties of the Zoning Board of Appeals.
[Amended 3-28-1995 by Ord. No. 929; 12-12-1996 by Ord. No. 1013; 1-22-1997 by Ord. No. 938; 6-10-2025 by Ord. No. 1081; 9-9-2025 by Ord. No. 2025-1082]
A.
Word usage. Words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory and not directory. The word "person" includes an individual, all partnerships, associations, and bodies politic and corporate. The word "lot" includes the word "plot" or "parcel" or "tract." The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
B. ACCESSORY BUILDING ADVERTISING SIGN ALLEY ANTENNA APARTMENT AUTOMOBILE WRECKING YARD BASEMENT BILLBOARD BOARD BOARDINGHOUSE BUILDING BUILDING LINE, FRONT BUILDING, ALTERATIONS OF BUILDING, HEIGHT OF BUILDING, PRINCIPAL CLINIC CLUB DAY-CARE FACILITIES, ADULT AND CHILD DWELLING UNIT DWELLING, MULTIPLE DWELLING, SINGLE FAMILY DWELLING, TWO FAMILY FAMILY FOREST INDUSTRIES GARAGE, PUBLIC GASOLINE STATION HOME OCCUPATION HOME OFFICES, NONPROFESSIONAL REPAIR AND SERVICE PROVIDER(1) (2) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) HOSPITAL HOTEL INTERCHANGE JUNKYARD LOADING AREA LOT LOT COVERAGE MOBILE HOME MOBILE HOME PARK MODULAR UNITS MOTEL PARKING SPACE PLACE OF ASSEMBLY PROFESSIONAL HOME OFFICES RESTAURANT ROADSIDE STAND ROOMING HOUSE ROOMING UNIT SCHOOL, COMMERCIAL SETBACK SIGN SPECIAL EXCEPTIONS STREET STREET, ARTERIAL STRUCTURAL ALTERATIONS STRUCTURE TRANSITIONAL HOUSING FACILITY TRAVEL TRAILER TWO-FAMILY RESIDENTIAL(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) VARIANCE VISION CLEARANCE YARD YARD, FRONT YARD, REAR YARD, SIDE
Terms. As used in this chapter, the following terms shall have the meanings indicated in this subsection:
A subordinate building, the use of which is purely incidental to the permitted use of the main building, is 75% of the area of one floor of the principal building, and is unattached from the principal building by a minimum of five feet.
An advertising sign, billboard, poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such advertising sign is located or to which it is affixed, but "advertising sign" does not include those business signs, billboards, or poster panels which direct attention to the business on the premises, to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
A way which affords only a secondary means of access to abutting property.
The word "antenna" shall be interpreted to include satellite earth stations (dish-shaped antenna).
A portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.
Any premises on which two or more self-propelled vehicles not in running order or operating condition are stored in the open.
A portion of a building or structure partly underground designed for human occupancy.
An advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment of the property upon which it is located.
The Zoning Board of Appeals.
A building, other than a hotel, where meals or lodging and meals are provided for compensation for not more than six persons.
A structure having a roof supported by columns or walls, and intended for the shelter, housing, or enclosure of persons, animals, or chattels; each portion of a building separated by a division of walls from the ground up, without openings in those walls, is a separate building for the purpose of this chapter.
A line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.
Any change or rearrangement of the supporting members (such as bearing walls, beams, columns or girders) of a building, an addition to a building, or movement of a building from one location to another.
The vertical distance from the average elevation of the finished grade at the building line to the highest point of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable or gambrel, hip or pitch roof.
A building in which is conducted the main use of the lot on which said building is located.
An establishment for medical examination and treatment of patients, but without provisions for keeping such patients overnight on the premises. For purposes of this chapter, a doctor's or dentist's office in a residence, when it complies with the requirements of this chapter relating to such office shall not be considered a clinic, but any doctor's or dentist's office which is not part of his/her home, or the office of two or more doctors or dentists, whether in a residence or not, shall be considered a clinic.
An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
An establishment or facility that is licensed by the State of Wisconsin or certified by the County of Clark to be used to provide adult or child day-care services. These facilities do not include establishments or facilities that provide adult- or child-care services to individuals after 9:00 p.m. and before 5:00 a.m. unless specifically approved by the Common Council. These facilities do not include baby-sitting or day-care facilities that are unlicensed or uncertified.
Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
A building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels, and townhouses.
A detached building designed for and occupied exclusively by one family.
A detached building designed for and occupied exclusively by two families living independently of each other.
Any number of individuals living and cooking together on the premises as a single housekeeping unit.
The cutting and storing of forest products, the operation of portable sawmills, the production of maple syrup and sugar.
A building or portion thereof used for the housing or care of motor vehicles for the general public or where such vehicles are equipped or repaired for remuneration or kept for hire or sale. This may include premises commonly known as "gasoline stations" or "service stations."
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, and oil or other lubrication substances; sale of motor vehicle accessories; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning such vehicles.
Any occupation for gain or support conducted entirely within a building by resident occupants, which is customarily incidental to the principal use of the premises; does not exceed 15% of the area of any floor; and no article is sold or offered for sale except such as is produced by such home occupation. A household occupation includes such uses as babysitting, millinery, dressmaking, canning, laundering, and crafts, but does not include the display of any goods nor such occupations as barbering, beauty shops, dance schools, real estate brokerage, or photographic studios.
Offices used by the below noted that do not exceed 1/2 of the area of only one floor of the residence and only one nonresidential person is employed at the office. These offices are not to be used for the actual physical service work or employment for retail or wholesale customers unless specifically approved by the Common Council.
Residences of the following persons primarily involved in the following repair work or employment, where they have established a home office:
Residences of the following persons primarily involved in the following nonprofessional service work or employment, where they have established a home office:
Barbers.
Beauticians.
Real estate agents.
Insurance agents.
Stock brokers.
Computer services.
Appraisal services.
Photographers.
Assessor services.
Tree and landscape services.
Tax and accounting services.
Travel agents.
Home health services.
Janitor services.
Mail order services.
Music training services.
Specialty items and printing services.
Taxidermists.
Small engine repair services.
Other similar retail service providers.
Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments. Shall be limited to places for the diagnosis, treatment or other care of human ailments with provisions for keeping such patients overnight on the premises.
An establishment for transient guests having sleeping rooms without individual cooking facilities for more than six persons for compensation and may or may not provide meals.
A grade-separated intersection with one or more direct connections for vehicular travel between the intersecting streets or highways.
An open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires, and bottles. "Junkyard" also includes an auto wrecking yard, but does not include uses established entirely within closed buildings.
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress or egress to a public street or alley.
A division of land occupied or designed to be occupied by one building and its accessory buildings or uses, including open spaces required by this chapter. A lot may be a parcel of land designated in a plat laid out prior to the effective date of this chapter, whether or not such division abuts a public street or other officially approved place recorded in the office of the Register of Deeds, or any part of a larger division when such parts comply with the requirements of this chapter as to width and area for the district in which it is located. No land included in any street, highway or railroad right-of-way shall be included in computing lot area.
The percent of the area of a lot occupied by buildings or structures including accessory buildings or structures.
A detached single- or double-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported on its own wheels and is not specifically designed to be mounted on its own foundation.
Any lot on which two or more mobile homes are parked for the purpose of permanent habitation, and including any associated service, storage, recreation and other community service facilities designed for the exclusive use of park occupants.
A detached single- or double-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be mounted on a permanent foundation.
A building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of transients, and where there is no permanent occupancy of any unit except by the owner, his/her agent or his/her employees.
An off-street space available for the parking of a motor vehicle and which is held to be an area the dimensions of which are 10 feet by 20 feet or which covers 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
Places where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions, used to conduct their professions, where the office does not exceed 1/2 the area of only one floor of the residence and no more than one nonresident person is employed.
A space within a suitable building providing an adequate and sanitary kitchen equipment and dining room of related capacity, having employees for preparing, cooking, and serving suitable food.
A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
A building, other than a hotel, where rooming units but not meals are provided for compensation for not more than six persons.
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not cooking or eating purposes.
A school limited to special instructions, such as business, art, music, trades, handicraft, dancing, or riding.
The minimum horizontal distance from the front line of the lot, the right-of-way line of the highway or the center line of the highway, as designated in this chapter, to the front wall of the building, exclusive of permitted projections. The setback shall be measured at right angles to such front lot line, right-of-way line or center line of the highway.
Anything erected, hung, suspended, painted or attached to any other structure carrying words, letters, figures, phrases, sentences, names, designs, trade names or trademarks or any other devices placed so as to be visible from a street or highway, and calling attention to a business, trade, profession, commodity, product, persons, firm, or corporation.
A use, either public or private, which, because of its unique characteristics, cannot be properly classified as an "approved" use in any particular district or districts. In each case, after due consideration by the Zoning Board of Appeals of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "special exemption" may or may not be granted.
A public or private thoroughfare which may either provide the principal means of pedestrian and/or vehicular access to abutting property or may provide for the movement of pedestrian and/or vehicular traffic or both.
A public street or highway intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as major thoroughfares, highways and parkways.
Any change in the supporting members of a structure such as bearing walls, columns, beams or girders, foundations and poles.
Anything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground but not including utility lines and their normal accessory equipment.
A premises used for the temporary placement of persons on parole, extended supervision, or probation in a controlled environment, including supervision or monitoring and including a halfway house.
A vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation use, which does not fall within the definition of mobile home or modular unit.
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 section, 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. A two-family residential shall meet the following requirements:
Has a zero foot setback along the common wall and lot line;
Has a minimum of 4,000 square feet of land for each unit;
Has a minimum of 40 feet of lot frontage on the right-of-way for each unit;
Has a minimum 900 square feet of first floor living space for each unit, excluding attached garage(s) and basement floor spaces;
May have a shared driveway;
Is created by a Certified Survey Map;
Has individual sanitary sewer, public water laterals, and utility meters for each unit;
Has a minimum of two parking spaces per dwelling unit;
A maintenance agreement shall be entered into by the owners of both zero-lot line parcels to ensure equal and reasonable maintenance and repair schedules are conducted for both single-family attached residential units;
In the case where any dwelling unit is under separate ownership, evidence that covenants specifying respective obligations with regard to any common structures, such as the shared wall, roof, and other inseparable improvements, is required;
An eight-foot maintenance easement, four feet on each side of the zero-lot line side property line, to allow for normal maintenance of each single-family attached residential unit shall be recorded with the register of deeds office and a recorded copy provided to the zoning administrator;
The common wall between the two units of each zero-lot line dwelling/twin home shall be constructed as a fire wall to the specifications of the state building code in effect at the time of commencement of construction of the structure;
A twin home may not be split or divided into additional residential units.
A departure from the terms of this chapter, where it is shown that unique, physical circumstances applying to a land parcel cause a hardship to the owner and that the variance still will be in fundamental harmony with surrounding uses.
An unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from their intersection as specified in this chapter.
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards.
A yard fronting on any street extending across the full width of a lot, having a depth equal to the minimum horizontal distance between the front property line and the nearest point of the principal structure, excluding permitted projections.
A yard, unoccupied, except by accessory buildings, extending from the rear line of the main building to the rear lot line for the entire width of the lot, excluding such projections as are permitted herein.
A yard or open space on each side of the main building extending from the side lot line to the side wall of the building, exclusive of permitted projections and from the front yard to the rear yard; when an accessory building is constructed as part of the main building, the side yard requirements shall be the same for the accessory building as required for the main building.