For the purpose of this chapter, certain words
or phrases shall have meanings that either vary somewhat from their
customary dictionary meanings or are intended to be interpreted to
have a specific meaning. Words used in the present tense in this chapter
include the future. The word "person" includes a firm, association,
partnership, trust, company, or corporation as well as an individual.
The word "he" includes the word "she." The word "shall" is mandatory,
the word "should" is advisory, and the word "may" is permissive. Any
words not defined in this article shall be presumed to have their
customary dictionary definitions.
As used in this chapter, the following terms
shall have the meanings indicated:
A use or detached structure subordinate to the principal
use of a structure, land, or water and located on the same lot or
parcel and serving a purpose customarily incidental to the principal
use or the principal structure.
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, contained within 43,560 square
feet.
A special public right-of-way affording only secondary access
to abutting properties.
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways include
freeways and expressways, state trunk and county trunk highways, and
other heavily traveled streets and parkways.
When used in describing an industrial operation, the fitting
or joining of parts of a mechanism by means of fasteners, nuts and
bolts, screws, glue, welding or other similar technique. "Assembly"
shall not include the construction, stamping or reshaping of any of
the component parts.
The act of providing care and supervision for fewer than
five children. This definition does not apply when the baby-sitter
is related to the child or when more than four children in one household
are related.
That portion of any structure which is below grade, or which
is partly below and partly above grade but so located that the vertical
distance from the grade to the floor is greater than the vertical
distance from the grade to the ceiling.
Any room within a dwelling having a closet and which may
be used for sleeping.
[Added 7-10-1995 by Ord. No. 18-95]
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for not more than 12 persons not members of the family who are the
principal occupants of the building. Boardinghouses are not open to
transient customers such as those who would seek lodging at a motel
or hotel.[1]
The portion of a lot remaining after required yards have
been provided.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
The total area bounded by the exterior walls of a building
at the floor levels, but not including a basement, utility rooms,
garages, porches, breezeways, and unfinished attics.
A freestanding building surrounded by open space on the same
lot.
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of the roof.
A line between any building and any street line, in which
no buildings or parts of buildings may be erected, altered, or maintained
except as otherwise provided for in this chapter.
A building in which the principal use of the lot on which
it is located is conducted.
An occupation, employment, or enterprise which occupies time,
attention, labor and materials, or wherein merchandise is exhibited
or sold, or where services are offered other than home occupations.
Any facility used for the washing of vehicles requiring the
installation of special equipment, or machinery and plumbing affixed
to or affixed separate from a structure. Said facility shall be installed
in such a manner as not to cause spray or runoff water to encroach
upon any adjoining properties.
Those floodlands normally occupied by a stream of water under
average annual high-water flow conditions while confined within generally
well-established banks.
Shops where clothing is repaired, such as shoe repair shops,
seamstress, tailor shops, shoeshine shops, and clothes-pressing shops,
but not employing over five persons.
Retail stores where clothing is sold, such as department
stores, dry goods and shoe stores, and dress, hosiery, and millinery
shops.
The following facilities licensed or operated or permitted
under the authority of Wisconsin State Statutes: child welfare agencies
under § 48.60, Wis. Stats., group homes or foster homes
under § 48.02(6) and (7), Wis. Stats., and community-based
residential facilities under § 50.01, Wis. Stats., but does
not include day-care centers, nursing homes, general hospitals, special
hospitals, prisons, and jails. The establishment of a community living
arrangement shall be in conformance with §§ 46.03(22),
59.69(15) and 62.23(7)(i), Wis. Stats., and amendments thereto.[2]
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.[3]
An establishment providing care and supervision for four
or more persons under the age of seven and licensed by the State of
Wisconsin pursuant to § 48.65, Wis. Stats.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or disposition of materials.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform.
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic zoning district without
disturbing the requirements of the basic district. In the instance
of conflicting requirements, the more strict of the conflicting requirements
shall apply.
Any vehicular access area which is neither a dedicated alley
nor a public street right-of-way.
That portion of a public street right-of-way lying between
the street paving and its right-of-way line and allowing for vehicular
access to abutting driveways or property.
A building designed or used exclusively as a residence or
sleeping place, but does not include boarding- or lodging houses,
motels, hotels, tents, or cabins.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
A detached building designed for or occupied exclusively
by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
A group of rooms constituting all or part of a dwelling which
are arranged, designed, used, or intended for use exclusively as living
quarters for one family.
In the case of an election for office, the period beginning
on the first day for circulation of nomination papers by candidates,
or the first day that candidates would circulate papers were papers
to be required, and ending the day of the election. In the case of
a referendum, the period beginning on the day on which the question
to be voted upon is submitted to the electorate and ending on the
day on which the referendum is held.
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, electrical, steam, water, sanitary sewerage, 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.
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants. A number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family. A boardinghouse shall not be considered a family.[4]
A dwelling licensed as a day-care center by the State of
Wisconsin pursuant to § 48.65, Wis. Stats., where care is
provided for not more than eight children.
Any premises where the principal use is the sale of new or
used household goods, personal effects, tools, art work, small household
appliances, and similar merchandise, equipment or objects, in small
quantities, in broken lots or parcels, not in bulk, for use or consumption
by the immediate purchaser. Flea markets may be conducted within a
structure or in the open air. Rummage sales and garage sales are not
considered to be flea markets.[5]
A temporary rise in stream flow or stage in lake level that
results in water overtopping the banks and inundating areas adjacent
to the stream channel or lake bed.
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of the
several floors of the building, or portion thereof, devoted to a use
requiring off-street parking or loading. This area shall include accessory
storage areas located within selling or working space, such as counters,
racks, or closets, and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, floor area, for the purposes of
determining off-street parking spaces, shall not include floor area
devoted primarily to storage purposes except as otherwise noted herein.
The sum of the gross horizontal areas of all floors measured
in square feet, not including the basement floor, measured from the
exterior faces of the exterior walls or from the center line of walls
separating two buildings. The floor area of a building includes elevator
shafts and stairwells at each floor, floor space used for mechanical
equipment (except equipment, open or closed, located on a roof or
in a basement), penthouses, attic space having headroom of seven feet
10 inches or more, interior balconies and mezzanines, enclosed porches,
and floor area devoted to accessory uses.
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
The smallest dimension of a lot abutting a public street
measured along the street right-of-way line.
A structure primarily intended for and used for the enclosed
storage or shelter of the private motor vehicles of the families resident
upon the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing,
or public parking of motor vehicles, snowmobiles or other recreational
vehicles for hire.
Retail stores where items such as art, antiques, jewelry,
books, and notions are sold.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
Retail stores where items such as plumbing, heating, and
electrical supplies, sporting goods, and paints are sold.
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises.[6]
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
An area consisting of buildings, structures, or premises
where junk waste and discarded or salvage materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including
automobile wrecking yards and house wrecking and structural steel
materials and equipment yards, but not including the purchase or storage
of used furniture and household equipment or used cars in operable
condition. Junkyards are not permitted in the Village of Belgium.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
All rooms within a dwelling except closets, foyers, storage
areas, utility rooms, and bathrooms.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
A building where lodging only is provided for compensation
for not more than three persons.
A parcel of land having frontage on a public street, occupied
or intended to be occupied by a principal structure or use and sufficient
in size to meet the lot width, lot frontage, lot area, and other open
space provisions of this chapter.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135º or less, measured on the lot side. (See Appendix A, Illustration
No. 3.)[7]
The area under a roof and enclosed by the exterior permanent
walls.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
A parcel of land held in separate ownership having frontage
on a public street, occupied or intended to be occupied by a principal
building or structure together with accessory buildings and uses,
having insufficient size to meet the lot width, lot area, yard, off-street
parking area, or other open space provisions of this chapter.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
The width of a parcel of land measured at the narrowest point
between the side lot lines.
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used, such as blacksmith, tinsmith,
welding, and sheet metal shops, plumbing, heating and electrical repair
and overhaul shops.
When used in describing an industrial operation, the making
or processing of a product with machinery.
Any small, movable accessory erection or construction, such
as birdhouses, toolhouses, pet houses, play equipment, arbors, and
walls and fences under four feet in height.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational, or industrial purposes.
A building containing lodging rooms having adjoining individual
bathrooms, and more than 50% of the lodging rooms are for rent to
transient tourists for a continuous period of less than 30 days.
Any structure, use of land, use of land and structure in
combination, or characteristic of use (such as yard requirement or
lot size) which was existing at the time of the effective date of
this chapter or amendments thereto. Any such structure conforming
in respect to use but not in respect to frontage, width, height, area,
yard, parking, loading, or distance requirements shall be considered
a nonconforming structure and not a nonconforming use.
A structure or premises containing 10 or more parking spaces
open to the public. Such spaces may be for rent or a fee.
A graded and surfaced area of not less than 180 square feet
in area, either enclosed or open, for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
A wall containing no opening which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above and which separates contiguous buildings but is in joint
use for each building.
A map of a subdivision prepared in accordance with Ch. 236, Wis. Stats.
A lot, parcel, tract or plot of land together with the buildings
and structures thereon.
When used in describing an industrial operation, the series
of continuous actions that changes one or more raw materials into
a finished product. The process may be chemical, as in the processing
of photographic materials; it may be special method, such as processing
butter or cheese; or it may be a mechanical process, such as packaging
a base product.
Residences of doctors of medicine, practitioners, dentists,
clergymen, architects, landscape architects, lawyers, professional
engineers, registered land surveyors, real estate agents, insurance
brokers, 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.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure, excluding roof eaves. This yard shall be
opposite the side of the dwelling containing the front door (street
address). (See Appendix A, Illustration No. 4.)[8]
[Amended 6-6-1994 by Ord. No. 21-94; 1-12-2004 by Ord. No. 3-04; 5-14-2007 by Ord. No. 7-07]
A facility for the collection of recyclable materials identified
in § 287.07(3) and (4), Wis. Stats., on a temporary basis
prior to transferring, transporting or marketing said materials for
recycling.
Land available for use for public road, street, highway,
walkway or drainageway purposes, as shown on the Official Map of the
Village of Belgium.
The occasional sale of personal property at a residence conducted
by one or more families in a neighborhood. Rummage sales do not exceed
four consecutive days in length and are not conducted more often than
three times per year. Rummage sales do not involve the resale of merchandise
acquired for that purpose. Rummage sales are also known as "garage
sales." Flea markets, defined elsewhere in this section, are not rummage
sales.
A dwelling made of two or more modular units factory fabricated
and transported to the home site where they are put on a foundation
and joined to make a single house.
Any person at least 55 years of age.
[Amended 7-14-2008 by Ord. No. 14-08]
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway line and a line parallel thereto through
the nearest point of the principal structure, excluding roof eaves.
Corner lots and double frontage lots have two such yards. (See Appendix
A, Illustration No. 4.)[9]
[Amended 6-6-1994 by Ord. No. 21-94; 5-14-2007 by Ord. No. 7-07]
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure, excluding roof eaves. (See
Appendix A, Illustration No. 4.)[10]
[Amended 6-6-1994 by Ord. No. 21-94; 5-14-2007 by Ord. No. 7-07]
See § 270-72.
[Amended 1-12-2004 by Ord. No. 3-04]
That portion of a principal building included between the
surface of any floor and the surface of the next floor above or, if
there is no floor above, the space between the floor and the ceiling
next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area
of which does not exceed 2/3 of the floor area of the story immediately
below it, and which does not contain an independent dwelling unit.
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders.
Any erection or construction, such as buildings, towers,
masts, poles, booms, signs, decorations, carports, machinery, and
equipment.
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade-separated interchange ramps.
The purpose or activity for which the land or building thereon
is designed, arranged or intended or for which it is occupied or maintained.[11]
The main use of land or a building as distinguished from
a subordinate or accessory use.
Public and private facilities, such as water wheels, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical 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.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except for vegetation. The
street and rear yards extend the full width of the lot.
The regulation and restriction by ordinance of the height
of buildings, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population, and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes for the purpose of promoting health, safety, morals
and the general welfare of the community.
[7]
Editor's Note: Appendix A is included at the end of this chapter.
[8]
Editor's Note: Appendix A is included at the end of this chapter.
[9]
Editor's Note: Appendix A is included at the end of this chapter.
[10]
Editor's Note: Appendix A is included at the end of this chapter.
[11]
Editor's Note: The definitions of "use, accessory"
and "use, nonconforming," which immediately followed this definition,
were repealed 1-12-2004 by Ord. No. 3-04. See the definitions "accessory
structure or use" and "nonconforming use or structure."
