For the purpose of this chapter, the following shall apply as
indicated throughout the chapter:
A.
The word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual.
B.
The present tense includes the future tense, and the singular includes
the plural.
C.
The word "shall" is mandatory; the word "may" is permissive.
D.
The words "used" or "occupied" also mean "intended, designed or arranged
to be used or occupied."
For the purpose of this chapter, the following terms are defined
as follows. Additional definitions associated with specific land uses
are contained in subsequent articles and subsections of this chapter,
most related to those particular uses.
A means of providing vehicular or nonvehicular egress from
or ingress to a property, public right-of-way, or private roadway.
Adapting an existing building originally designed for an
institutional, quasi-public, public or other specific/special purpose
to a new use.
Any construction that increases the size of a building or
structure in terms of site coverage, height, length, width, or gross
floor area.
A public or approved private way which affords only a secondary
means of access to abutting property.
A change or rearrangement in the structural parts of a structure,
an enlargement of a structure, whether by extending on the side or
by increasing the height, or the movement of a structure from one
location to another.
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 unsubdivided acreage, or a body of water shall be
regarded the same as an intersecting or intercepting street for the
purpose of defining a "block."
The line parallel to the street along which the primary mass
of the front facade should be set. It is measured as a perpendicular
distance from the street line to the nearest point of the building
facade.
A structure having one or more stories that is fully enclosed
with walls/windows/doors and a roof which is used or intended to be
used for shelter or enclosure for persons, property or animals.
The area of a lot or tract formed by lot lines and minimum
setback and yard requirements within which an allowed building or
structure may be placed.
The exterior face of a building extending from one corner
of the building to another from the ground to the top of the parapet,
wall, or eaves, but not including any elements which extend beyond
the roof.
The total horizontal area covered by a building's perimeter
at the ground level or cantilevered or a maximum of 24 inches of overhang;
overhangs in easements are prohibited.
A building's vertical measurement from the average grade
to the highest point on the roofline of a flat roof or a roof having
a pitch ratio of less than 4:12 from the horizontal, and to a point
midway between the peak and the eaves of a roof having a pitch ratio
of more than 4:12. Height limitations do not apply to belfries, cupolas,
water tanks, elevator bulkheads, chimneys, spires, flagpoles, or other
appurtenances usually required to be placed above the roof level and
not intended for human occupancy.
A parcel or parcels of land or an area of water or combination
of land and water designated and intended for either the recreational
use and enjoyment of residents of the development for which it was
established and for the general public or for the exclusive recreational
use and enjoyment of residents of the development for which it was
established. No yard required in connection with any principal use
or structure shall be designated or intended for use as common open
space.
The long-range plan for the desirable use and development
of land in the Town as officially adopted and as amended from time
to time by the Plan Commission and certified to the Town Board.
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.
Outagamie County, Wisconsin.
A contract between two or more parties which constitutes
a restriction of a particular parcel of land.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or additions or substantial
improvements to buildings, other structures or accessory uses, mobile
homes, mining, dredging, filling, grading, paving, excavation or drilling
operations, and deposition of materials.
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."
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electricity, steam, water, sanitary sewage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations, and
hydrants, but not including buildings.
The wall planes of a building visible from one side or perspective
(e.g., front, side, rear).
Assessed value adjusted for equalized value.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Any flat or horizontal system of construction, such as concrete/asphalt/gravel
slabs, pavers, flat stepping stones, sidewalks, patios, driveways,
parking lots, etc., installed, placed or laid down to form the surface.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls
or from the center line of walls separating two buildings, excluding
public corridors, common restrooms, attic area, unenclosed stairways,
elevator structures, heating or other building machinery or equipment,
or basement space.
The forwardmost plane, as related to the parcel frontage,
of the main or accessory structure facade on any above-grade floor.
The mean level of the finished grade of the ground adjacent
to the exterior facade of a building or structure measured to the
property lines. If there is an approved grading plan for the lot it
shall be used, if there is no approved grading plan then the existing
grade of the site shall be used. Grades shall not be altered without
applying for a permit and receiving approval from the Administrator.
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 this chapter.
The final elevation of the ground surface after man-made
alteration, such as grading, grubbing, filling or excavating, has
been made and is part of an approved grading and drainage plan.
A surface that doesn't allow water to seep into the
ground and releases as runoff all or a large portion of the precipitation
that falls on it, except for frozen soil. Rooftops, sidewalks, driveways,
parking lots and streets are examples of surfaces that typically are
impervious. Gravel surfaces are considered impervious, unless specifically
designed to encourage infiltration.
Any vacant lot or parcel within developed areas of the Town,
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.
Landscaping shall consist of, but not be limited to, grass,
ground covers, shrubs, vines, hedges, trees, berms and complementary
structural landscape architectural features, such as rock, fountains,
sculpture, decorative walls and tree wells.
A parcel of land used or set aside and available for use
as the site for one or more buildings and buildings accessory thereto
or for any other purpose, 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" shall mean land designated as
a distinct and separate parcel on a legally recorded deed or plat
in the Register of Deeds office. Reference Diagram 525-27-1.
LOT AREA, GROSSThe total horizontal area within the lot lines of the lot.
LOT AREA, NETThe total area of a lot, tract, or parcel, excluding existing and proposed streets and rights-of-way, land under navigable water bodies, and land within the floodway.
LOT COVERAGEThe percentage of the gross lot area covered by all buildings and structures, including flatwork.
LOT DEPTHDepth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost point of the side lot lines in the rear.
LOT FRONTAGEThe uninterrupted linear or curvilinear extent of a lot measured along the street right-of-way from the intersection of one side lot line to the intersection of the other side lot line. The measurement of lot frontage shall not include irregularities in the street line and, in the case of a corner lot, shall extend to the point of intersection of the side line of the rights-of-way. If a lot has frontage on more than one street, frontage on one street only may be used to satisfy the minimum lot frontage.
LOT LINEThe property line bounding a lot.
LOT LINE, CORNER SIDEA lot line abutting a public street but is not a front or rear lot line. There may be multiple corner side lot lines per lot.
LOT LINE, FRONTThe lot line along a public street which is not a corner side lot line and is adjacent to the street for which it has been issued an address.
LOT LINE, INTERIOR SIDEA lot line not abutting a public street and is not a rear lot line. There may be multiple interior side lot lines per lot.
LOT LINE, REARThe lot line most distant from, and is, or most nearly is, parallel to the front lot line. There shall only be one rear lot line per lot.
LOT LINE, ZEROAn interior side lot line which has no side setback or yard requirements. Buildings are constructed directly on the zero lot line and may be attached to buildings located on lots adjacent to the zero lot line.
Land designated as a distinct and separate lot on a legally
recorded deed, certified survey map (CSM) or plat in the Register
of Deeds' office.
Reference Diagram 525-27-1.
CORNER LOTA lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
CORNER LOT, REVERSEDA corner lot oriented so it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.
FLAG/IRREGULAR LOTAn irregular shaped lot where access to a public or private street is provided by means of a narrow access strip between two abutting lots and make the shape of a flag or other irregular shape that has more than four lot lines.
INTERIOR LOTA lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
LEGAL NONCONFORMING LOTA lot lawfully existing at the effective date of this chapter, or any subsequent amendment, which is not in conformance with all provisions of this chapter.
THROUGH LOTA lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. If there are varied front yards and/or setbacks on either side of the through lot, then the deeper front yard and setback requirements shall be used. Structures in the rear yard of a through lot shall be located no closer to the street than structures on adjacent lots.
The minimum horizontal distance between the side lot lines
as measured at the required front setback. Reference Diagram 525-27-2.
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 total acreage of a lot, tract or parcel of land, excluding
land in existing and proposed streets and street rights-of-way, land
under navigable water bodies, wetlands and floodplain.
The term "net density" refers to the number of residential
dwelling units permitted per net acre of land and is determined by
dividing the number of units by the total area of land within the
boundaries of a lot or parcel not including street rights-of-way,
outlots, and other public lands. In the determination of the number
of dwellings to be permitted on a specific parcel of land, a fractional
unit shall not entitle the applicant to an additional unit. The term
"gross density" refers to the number of residential dwelling units
permitted per gross acre of land and is determined by dividing the
number of units by the total area of land within the boundaries of
a lot or parcel including street rights-of-way, outlots, and other
public lands. In the determination of the number of dwellings to be
permitted on a specific parcel of land, a fractional unit shall not
entitle the applicant to an additional unit.
Any use of land or structure(s) or any lot or structure(s)
which lawfully existed at the effective date of adoption or amendment
of this chapter which would not be permitted or permissible by the
provisions of this chapter as adopted or amended.
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 public, commercial or industrial building.
The individual or individuals in actual possession of a premises.
The map adopted pursuant to § 62.23, Wis. Stats.,
which shows existing and proposed streets, highways, parkways, parks
and playgrounds, school sites, etc.
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.
A light fixture, permanent or portable, used or for use out of doors, including search lights, spotlights and floodlights, but not including internally illuminated signs. See also § 525-47, Outdoor lighting, for additional related terms and definitions.
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.
An area other than a street used for the temporary parking
of motor vehicles.
The agency or commission designated by the Town Board pursuant
to § 62.23 Wis. Stats.
A residential land development comprehensively planned as
an entity via a unitary plan which permits flexibility in building
siting, mixtures of housing types, usable open spaces and the preservation
of significant natural features.
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; parks, and public
utility and energy services.
A line designating future right-of-way on a property. The
lot area between this line and the front/corner side lot line is reserved
for use as right-of-way in the future. For properties with a right-of-way
reservation line, required setbacks and yards shall be measured from
the right-of-way reservation line instead of the front/corner side
lot line.
A structural covering over any portion of a building or structure
including eaves or similar projections beyond the walls or supports
of the building or structure. Refer to Diagram 525-27-3 for illustrations
associated with specific roof types.
The building setback is the minimum required distance between
any buildings and structures and the lot lines of the lot on which
it is located. The yard setback is the minimum distance between any
flatwork and the lot lines of the lot on which it is located. Flatwork
is permitted to extend beyond the building setback up to the yard
setback. Reference Diagrams 525-27-1 and 525-27-2.
SETBACK LINE, CORNER SIDE (BUILDING/YARD)A line parallel to the corner side lot line extending between the front building setback line and rear lot line, behind which a building may be constructed. Flatwork is permitted to extend beyond the building setback up to the yard setback.
SETBACK LINE, FRONT (BUILDING/YARD)A line parallel to the front lot line extending between the interior side lot lines and/or corner side lot line, behind which a building may be constructed. Flatwork is permitted to extend beyond the building setback up to the yard setback.
SETBACK LINE, INTERIOR SIDE (BUILDING/YARD)A line parallel to the interior side lot line extending between the front setback line and the rear setback line, behind which a building may be constructed. Flatwork is permitted to extend beyond the building setback up to the yard setback.
SETBACK LINE, REAR (BUILDING/YARD)A line parallel to the rear lot line extending between the interior side lot lines and/or corner side setback line, behind which a building may be constructed. Flatwork is permitted to extend beyond the building setback up to the yard setback.
See Article VIII, Signs
That portion of a building, other than a basement, which
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.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way line.
The space between the sidewalk and the curb, or the equivalent
space where sidewalk or curb are not installed.
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 with a fixed location on
the ground or attached to something with a fixed location on the ground.
Among other things, structures include buildings, decks, signs, fences,
mobile homes and flatwork.
A structure (including buildings) on the same lot with the principal use or structure, and of a nature customarily incidental and subordinate to the principal use or structure. See § 525-23E for additional regulations.
The primary structure on a lot which is not an accessory
structure.
A lot of record which lawfully existed prior to this chapter
and would not conform to the applicable regulations if the lot were
to be created under the current provisions of this chapter.
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.
A use on the same lot with the principal use or structure, and of a nature customarily incidental and subordinate to the principal use or structure. See § 525-23E for additional regulations.
The primary use on a lot that is not an accessory use or
special exception.
Reference § 525-13.
A use that is temporary and not permanent and may be allowed
without a principal or special exception use.
A relaxation of the terms of this 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 ordinance would result in unnecessary and undue hardship. Variances may be granted only if they meet the requirements of Article II of this chapter.
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.
The minimum green space area parallel to a lot line and extending
into the lot for a distance as required by this chapter. Buildings
and structures shall be prohibited in all yards unless otherwise permitted.
Customary accessory flatwork, lawn ornaments, furniture, fences/walls,
pedestrian facilities and signs are permitted within the yard setback.
A yard extending into the lot from the corner side lot line.
A yard extending into the lot from the front lot line.
A yard extending into the lot from the interior side lot
line.
A yard extending into the lot from the rear lot line.
The map adopted and designated by the Town of Buchanan as
being the "Official Zoning Map."
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Diagram 525-27-1: Lot Types, Lot Lines, Setback Lines,
and Yard Definitions
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Diagram 525-27-2: Setback Lines, Lot Width, and Lot Area
Definitions
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Diagram 525-27-3: Building and Roof Types
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A.
Applicability and intent. Any use of land or structures, or any lot
or structure which lawfully existed at the effective date of adoption
or amendment of this chapter which would not be permitted or permissible
by the provisions of this chapter, as adopted or amended, shall be
deemed nonconforming. Reference Diagrams 525-28-1 and 525-28-2. It
is the intent of this chapter to permit such nonconformities to continue,
subject to certain restrictions listed within this section unless
otherwise noted within this chapter.
B.
Nonconforming uses. The continued lawful use of a building, premises,
structure, or fixture existing at the time of the adoption or amendment
of a zoning ordinance may not be prohibited although the use does
not conform with the provisions of the ordinance. The nonconforming
use, building, premises, structure or fixture may not be extended.
The total structural repairs or alterations in such a nonconforming
building, premises, structure, or fixture shall not during its life
exceed 50% of the assessed value of the building, premises, structure,
or fixture unless permanently changed to a conforming use. If the
nonconforming use is discontinued for a period of 12 months, any future
use of the building, premises, structure, or fixture shall conform
to the ordinance.
C.
Repair, rebuilding, and maintenance of certain nonconforming structures.
In this section:
(1)
Development regulations means the part of this chapter that applies
to elements including setback, height, lot coverage, yards and bulk
regulations.
(2)
"Nonconforming structure" means a dwelling or other building that
existed lawfully before the current zoning ordinance was enacted or
amended, but that does not conform with one or more of the development
regulations in the current zoning ordinance.
(3)
An ordinance may not prohibit, or limit based on cost, the repair,
maintenance, renovation, or remodeling of a nonconforming structure.
D.
Restoration or replacement of certain nonconforming structures.
(1)
Restrictions that are applicable to damaged or destroyed nonconforming
structures and that are contained in an ordinance enacted under this
subsection may not prohibit the restoration or replacement of a nonconforming
structure if the structure will be restored to, or replaced at, the
size, subject, location, and use that it had immediately before the
damage or destruction occurred, or impose any limits on the costs
of the repair, reconstruction, or improvement if all of the following
apply:
(2)
An ordinance enacted under this subsection to which restrictions
above apply shall allow for the size of a structure to be larger than
the size it was immediately before the damage or destruction if necessary
for the structure to comply with applicable state or federal requirements.
(3)
When a structure becomes nonconforming as to setback from a public
right-of-way because the public right-of-way was dedicated, reserved,
widened, or relocated, such structure shall not be considered a nonconforming
structure under this section. However, no such structure shall thereafter
be added to or rebuilt closer to the public right-of-way.
E.
Nonconforming characteristics of use. If characteristics of use such
as lighting, parking, noise or other matters pertaining to the use
of land, structures, and premises are made nonconforming by the provisions
of this chapter as adopted or amended, no change shall thereafter
be made in such characteristics of use which increases the nonconformity;
provided, however, changes may be made which decrease such nonconformity.
(1)
Nonconforming design of structures. If characteristics of the design
of a structure such as walls, roofs, equipment, entrances, facades
or building materials are made nonconforming by the provisions of
this chapter as adopted or amended, the structure may be altered or
enlarged; provided the alteration or enlargement complies with such
requirements and does not increase the nonconformity.
F.
Nonconforming lots of record. In any district, any permitted or permissible
use may commence, or structure may be erected on a single lot of record
at the effective date of adoption or amendment of this chapter. This
provision shall apply even though such lot fails to meet the requirements
of lot area, lot width, lot frontage or all three for the district
in which it is located, and provided all other requirements for the
district are met.
G.
Casual, temporary, or illegal use. The casual, temporary, or illegal
use of land or structures, or land structures in combination, shall
not be sufficient to establish the existence of a nonconforming use
or to create rights in the continuance of such use.
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Diagram 525-28-1: Nonconformities
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Diagram 525-28-2: Nonconformities
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