[HISTORY: Adopted by the Village Board of
the Village of Westfield as Title 11, Ch. 1 of the 1985 Code. Amendments
noted where applicable.]
A.
This chapter is adopted in accordance with the authority
granted by §§ 61.35, 62.23, 87.30 and 281.31, Wis.
Stats.
B.
The purpose of this chapter is to adopt minimum requirements
to promote the health, safety, morals, prosperity, aesthetics, and
general welfare of the Village and to regulate and restrict the height,
number of stories and size of buildings and other structures, the
percentage of the 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 and for said purposes to divide the Village into
districts of such number, shape and area as are deemed best suited
to carry out said purposes.
C.
It is not the intent of this chapter to repeal, abrogate,
annul, impair or interfere with any existing easements, covenants,
deed restrictions, agreements, ordinances, rules or permits previously
adopted or issued pursuant to law. However, wherever this chapter
imposes greater restrictions the provisions of this chapter shall
apply.
D.
The provisions of this chapter shall be interpreted
and applied as minimum requirements, shall be construed in favor of
the Village, and shall not be deemed a limitation or repeal of any
other power granted by the Wisconsin Statutes.
E.
This chapter shall be known as, referred to, or cited
as "Zoning Ordinance, Village of Westfield, Wisconsin."
B.
No structure, water or land shall hereafter be used,
no land use shall be substantially changed and no structure shall
be erected, moved, or structurally altered without full compliance
with the terms of this chapter and other applicable regulations and
until a zoning permit has been issued.
C.
The Village Board hereby designates that it is the
duty of the Zoning Administrator, with the aid of the Police Department,
to enforce the provisions of this chapter. The Police Department shall
report to the Zoning Administrator any activities which are being
carried out without the required permit.
D.
All applications for a zoning permit shall be made
to the Zoning Administrator and shall be accompanied by a fee as set
by the Village Board and by plans, in duplicate, drawn to scale, showing
the name and address of the property owner; location, actual shape
and dimensions of the lot to be built upon; high-water mark of any
abutting watercourse; center line of abutting streets and highways;
the exact size and location on the lot of the proposed or existing
building(s) and accessory building(s); the lines within which the
building shall be erected, altered or moved; the existing and intended
use of each building or part of a building; the number of families
the building is intended to accommodate; and such other information
with regard to the lot and neighboring lots or buildings as may be
necessary to determine and provide for the enforcement of this chapter.
[Amended 6-19-1986; 5-8-2007 by Ord. No. 10:07]
E.
Sewage disposal facilities shall be connected to the
sewage disposal system of the Village. In any district where public
sewage service is not available, the width and area of all lots shall
be sufficient to permit the use of an on-site sewage disposal system
designed in accordance with Ch. Comm 85, Wis. Adm. Code. In no case,
however, shall the minimum lot size required in the zoning district
in which such structure is to be located be reduced below the specified
minimum.
F.
No vacant land shall be occupied or used and no building
hereafter erected, altered or moved shall be occupied until a certificate
of occupancy has been issued by the Zoning Administrator. Such certificate
shall show that the building or premises or part thereof and the use
therein are in conformity with the provisions of this chapter. Such
certificate shall be issued only when the building or premises and
the use thereof conform to all the requirements of this chapter.
G.
Except as otherwise provided, the use and height of
buildings hereafter erected, converted, moved, enlarged, or structurally
altered and the use of any land shall be in compliance with the regulations
established herein for the district in which such building or land
is located.
H.
No lot shall be so reduced that the dimensions and
yard requirements imposed by this chapter cannot be met.
I.
No part of the yard or open space required for a given
building shall be included as a part of the yard or other space required
for another building, and no lot shall have more than one principal
building.
J.
Every part of the yard shall be open to the sky unobstructed,
except for accessory buildings and the ordinary projections of sills,
cornices and ornamental features projecting not more than 48 inches,
except that in commercial areas a permanent awning and its accessory
columns or struts may project not more than five feet into a required
front or side yard.
K.
An open or enclosed fire escape may project into a
required yard not more than five feet and into a required court not
more 3 1/2 feet, provided that it is so located as not to obstruct
light or ventilation.
L.
Chimneys, cooling towers, elevator bulkheads, fire
towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless or broadcasting towers,
masts or aerials and necessary mechanical appurtenances are hereby
excepted from the height regulations of this chapter and may be erected
in accordance with other regulations or ordinances of the Village
of Westfield.
M.
In each quadrant of every street intersection there
shall be designated a vision clearance triangle bounded by the inner
street lines and a line connecting them 35 feet from their intersection.
Within this triangle no object shall be allowed above the height of
2 1/2 feet above the streets if it obstructs the view across
the triangle. This provision shall not apply to tree trunks, posts,
or wire fences, and vision clearance triangles as defined under RD
Rural Development District herein.
N.
In addition in any commercial or industrial district,
sufficient space for the loading or unloading of vehicles shall be
provided on the lot in connection with any commercial or industrial
use so that the public street shall at all times be free and unobstructed
to the passage of vehicular and pedestrian traffic.
O.
No side yard or front yard in any commercial or industrial
district shall be used for storage or the conduct of business.
P.
Recreational vehicles, as defined in § 345-4 of this Code, and including pickup truck campers (tents), and whether designed for towing or self-propelled, shall not be maintained as a living unit in any residential, commercial, industrial, conservancy, rural development district, or Village-owned property (for) no more than two seven-consecutive-day periods in any one calendar year.
[Added 8-22-1985; amended 7-12-2022 by Ord. No. 22:04]
Q.
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. Each day such a violation exists shall be considered a separate offense.
[Amended 5-8-2007 by Ord.
No. 10:07]
A.
The following zoning districts are hereby established
in accordance with the maps attached hereto, marked Exhibit A.[1]
(1)
Residential districts.
|
R-1
|
Single-Family Residential District
| |
|
R-2
|
Single-Family Residential District
| |
|
R-3
|
Multifamily Residential District
| |
|
R-4
|
One- and Two-Family Residential District
| |
|
RD
|
Rural Development District
|
(2)
Commercial districts.
|
B-1
|
General Commercial District
| |
|
B-2
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Highway Commercial District
| |
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B-3
|
Residential Commercial District
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(3)
Industrial districts.
|
I-1
|
Industrial District
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I-2
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Industrial District
|
(4)
C Conservancy Districts.
(5)
FP Floodplain District.
[1]
Editor's Note: Exhibit A is on file at the
office of the Village Clerk-Treasurer.
B.
The boundaries of the aforesaid districts are hereby
established as shown on the Official Zoning Map, Village of Westfield,
Wisconsin. Such map, together with a copy of this chapter, shall be
available for public inspection in the office of the Village Clerk-Treasurer.
The map shall be certified by the Village President and attested by
the Village Clerk-Treasurer. Any changes in zoning district boundaries
shall be recorded on the map. No change shall be effective until so
recorded and until a duly certified and attested certificate describing
the change is filed with the map.
C.
The district boundaries are either streets or alleys,
unless otherwise shown, and where the designation on the district
map indicates that the various districts are approximately bounded
by a street or alley line, such street or alley line shall be construed
to be the district boundary line.
D.
Where the district boundaries are not otherwise indicated
and where the property has been or may hereafter be divided into blocks
and lots, the district boundaries shall be construed to be lot lines,
and where the designations on the district map are approximately bounded
by lot lines, said lot lines shall be construed to be the boundary
of the district.
A.
R-1 Single-Family Residential District.
(1)
Permitted uses and structures: single-family dwellings
and their accessory structures or uses, day-care facilities, and assisted
living facilities.
[Amended 4-14-1998]
(2)
Conditional uses and structures: parks, greenways
and open spaces, playgrounds, public and private schools, hospitals,
cemeteries, governmental and community service buildings and functions,
utility lines, pumping stations, golf courses, churches, libraries,
single-family planned residential development, home occupations, agricultural
uses, and mobile home parks.
(4)
Building height: 35 feet maximum.
B.
R-2 Single-Family Residential District.
(1)
Permitted uses: single-family dwellings and their
accessory structures or uses, day-care facilities, and assisted living
facilities.
[Amended 4-14-1998]
(2)
Conditional uses and structures: parks, greenways
and open spaces, playgrounds, public and private schools, hospitals,
cemeteries, governmental and community service buildings and functions,
utility lines, pumping stations, golf courses, churches, libraries,
single-family planned residential development, home occupations, agricultural
uses, and mobile home parks.
(4)
Building height: 35 feet maximum.
C.
R-3 Multifamily Residential District.
(1)
Permitted uses: single-family residential uses and
structures conforming at least to the minimum and maximum requirements
of the R-2 District and multifamily uses provided that they conform
to the regulations below, day-care facilities, and assisted living
facilities.
[Amended 4-14-1998]
(2)
Conditional uses and structures: parks, greenways
and open spaces, playgrounds, public and private schools, hospitals,
cemeteries, governmental and community service buildings and functions,
mini warehouse, utility lines, pumping stations, golf courses, churches,
libraries, single-family planned residential development, home occupations,
agricultural uses, multifamily planned unit residential development,
and mobile home parks.
[Amended 5-28-1992]
(4)
Building height: maximum 72 feet or six stories whichever
is the least.
(6)
Other requirements:
(a)
The recreation space ratio, defined as the minimum
square footage of recreation space required for each square foot of
floor area, is not less than 0.16.
(b)
The floor area ratio, defined as the maximum
square footage of total floor area permitted for each foot of land
area, is not more than 0.32.
(c)
The open space ratio, defined as the minimum
square footage of open space required for each square foot of floor
area, is not less than 2.0.
(d)
The living space ratio, defined as the minimum
square footage of nonvehicular outdoor space required for each square
foot of floor area, is not less than 1.2.
(e)
The occupant car ratio, defined as the minimum
number of off-street parking spaces without parking time limits required
for each living unit, is not less than 1.2.
D.
R-4 One- and Two-Family Residential District.
[Added 6-19-1986]
(1)
Permitted uses: one- and two-family uses and structures,
day-care facilities, assisted living facilities, and business uses
provided that they conform to the following.
[Amended 4-14-1998]
(2)
Conditional uses and structures: beauty salons, barbershops,
antique and gift shops, stationery and book shops (said shops defined
as not exceeding 2,500 square feet), personal and business service
establishments, professional offices, insurance and real estate offices,
parking areas, home occupations and mobile home parks. All businesses
shall be located within existing residential dwellings or in new buildings
constructed in such a way as to have residential dwelling appearance.[1]
(5)
Other requirements:
(a)
The recreation space ratio, defined as the minimum
square footage of recreation space required for each square foot of
floor area, is not less than 1.16.
(b)
The floor area ratio, defined as the maximum
square footage of total floor area permitted for each foot of land
area, is not more than 0.32.
(c)
The open space ratio, defined as the minimum
square footage of open space required for each square foot of floor
area, is not less than 2.0.
(d)
The living space ratio, defined as the minimum
square footage of nonvehicular outdoor space required for each square
foot of floor area, is not less than 1.2.
(e)
The occupant car ratio, defined as the minimum
number of off-street parking spaces without parking time limits required
for each living or business unit, is not to be less than 2.0.
E.
RD Rural Development District.
(1)
Permitted uses and structures: single-family residences,
parks, trailer parks, campgrounds, open spaces, agriculture and general
farming, except farms feeding offal or garbage and mink farms, dairying,
livestock raising, truck farming, forestry, poultry raising, airport,
golf courses, and veterinary clinics.
[Amended 4-14-1998]
(2)
Conditional uses and structures: dumps, disposal areas,
incinerators, mink farms or farms feeding offal or garbage, cemeteries,
municipal service functions and structures, pumping stations, quarries,
churches, restaurants, resorts, taverns, grocery stores, service stations,
fairgrounds, mobile home parks, animal boarding kennels, and certain
commercial and industrial uses provided that they are all adequately
screened and approved by the Village Board.
[Amended 4-14-1998]
(4)
Building height: 35 feet maximum except for barns,
silos and other buildings and structures which are customarily higher
and accessory uses to farming.
(5)
Yards:
(a)
Street right-of-way: 80 feet minimum.
(b)
Rear: 50 feet minimum.
(c)
Side: 50 feet minimum.
(d)
In no case shall any structure be closer than
40 feet to any lot line nor any dump, disposal area, incinerator,
or principal structures or buildings for mink farms or farms feeding
or using offal or garbage be less than 500 feet from any lot line.
A.
B-1 General Commercial District.
(1)
Permitted uses and structures: hardware and feed stores,
auto sales, furniture stores, barbershops, bakeries, bars, cocktail
lounges, restaurants, motels, hotels, fruit stores, dry goods stores,
luggage shops, stationery stores, personal and business service establishments,
pet shops, clothing stores, public passenger transportation terminals,
taxi stands, gift stores, variety stores, garages, theaters, professional
offices, organization headquarters, newspaper and magazine publishers,
jewelry stores, banks, shoe stores, religious goods stores, packaged
beverage stores, appliance sales and repair, sporting goods, insurance
and real estate offices, radio and television sales and service, catalogue
order stores, savings and loan and finance companies, department stores,
bowling alleys, churches, tobacco and magazine stores, beauty salons,
music shops, radio stations (without antenna), public and private
schools, parking areas, open spaces, parks, supermarkets, and veterinary
clinics.
[Amended 4-14-1998]
(2)
Vision clearance triangles. The provisions of this
chapter requiring vision clearance triangles shall not apply within
the General Commercial District.
(3)
Conditional uses: wholesale outlets, municipal service
functions except garages, secondhand stores, professional laundry
and dry-cleaning establishments, gas stations, animal boarding kennels,
and other uses similar or customarily incident to the above uses.
A single or multifamily living unit shall also be permitted within
a B-1 General Commercial District building, provided that the principal
use of said building is a B-1 General Commercial District use.
[Amended 4-14-1998]
(4)
Building height: five stories or 60 feet maximum.
B.
B-2 Highway Commercial District.
(1)
Permitted uses and structures: gas stations, automobile
sales and public garages, drive-in establishments serving food and
beverages for consumption on premises, motels, drive-in theaters,
amusement parks, veterinary clinics, health-fitness-beauty centers,
personal and professional offices, parking, banks, retail discount
businesses, and day-care facilities.
[Amended 6-14-2005; 9-13-2022 by Ord. No. 22:06]
(2)
Conditional uses and structures: other uses similar
to or customarily incident to any of the above uses and animal boarding
kennels.
[Amended 4-14-1998]
(6)
Parking: minimum of five off-street spaces for each
1,000 square feet of floor area.
[Amended 8-9-2005]
C.
B-3 Residential Commercial District.
(1)
Permitted uses and structures: hardware and feed stores,
auto sales, furniture stores, barbershops, bakeries, bars, cocktail
lounges, restaurants, motels, hotels, fruit stores, dry goods stores,
luggage shops, stationery stores, personal and business service establishments,
pet shops, stands, gift stores, variety stores, garages, theaters,
professional offices, organization headquarters, newspaper and magazine
publishers, jewelry stores, banks, shoe stores, religious goods stores,
packaged beverage stores, appliance sales and repair, sporting goods,
insurance and real estate offices, radio and television sales and
service, catalogue order stores, savings and loan and finance companies,
department stores, bowling alleys, churches, tobacco and magazine
stores, beauty salons, music shops, radio stations (without antenna),
public and private schools, parking areas, open spaces, parks, supermarkets,
and veterinary clinics.
[Amended 4-14-1998]
(2)
Conditional uses: wholesale outlets, municipal service
functions except garages, secondhand stores, professional laundry
and dry-cleaning establishments, gas stations, animal boarding kennels,
and other uses similar or customarily incident to the above uses.
[Amended 4-14-1998]
(6)
Parking: minimum of five off-street spaces for each
1,000 square feet of floor area.
[Amended 8-9-2005]
A.
I-1 Industrial District.
[Amended 7-13-1993]
(1)
Permitted uses and structures: automotive body repairs;
automotive upholstery manufacturing; boat manufacturing; cleaning,
pressing and dyeing establishments; commercial bakeries; commercial
greenhouses; food locker and cold storage plants; testing and research
laboratories; machine shops; manufactured homes; manufacturing and
bottling of nonalcoholic beverages; printing and publishing establishments,
storage and sale of lumber and home improvement products; trade and
contractors' offices; warehousing and wholesaling of nonprohibited
products; manufacturing, fabrication, packaging, and assembly of nonprohibited
products from glass, metals, paper, plaster, plastics, textiles and
wood; manufacture, fabrication, processing, packaging and packing
of confections, cosmetics, electrical appliances, electronic devices,
instruments, jewelry, pharmaceuticals, tobacco, and toiletries; food
processing, except fish and fish products and meat and poultry products;
canning and food preservation operations not involving outside storage;
freight yards, freight terminals, and transshipment facilities; inside
storage; parking and open areas; and veterinary clinics.
[Amended 4-14-1998]
(2)
Conditional uses and structures: automotive franchise
dealerships; boat sales and service; farm machinery sales and service;
animal boarding kennels; manufacture and/or processing and/or storage
of abrasives, asphalt, batteries, bedding, candles, carpeting, celluloid,
dry ice, cereals, charcoal, coffee, dextrine, disinfectant, dye, excelsior,
fat, felt, fuel, furs, gelatin, glucose, glue, grains, grease, gypsum,
hair products, ink, lard, leather, linoleum, matches, oil cloth, paint,
paper, perfume, pickles, plaster of paris, plastics, portland cement,
potash, rubber, shellac, soap, starch, stove polish, textiles, turpentine,
vinegar, varnish, and yeast; bag cleaning, bleaching, canning, electric-
and steam-generating, electroplating, enameling, road testing, smelting,
and weaving facilities; forges; foundries; wrecking, junk demolition
and scrap yard operations; and any other use or structure not expressly
permitted.
[Amended 4-14-1998]
(3)
Prohibited uses: when it is the primary end product
of the establishment, the manufacture and/or storage of acetylene,
acid, alkalies, ammonia, chemicals, chlorine, coal tar, coke, creosote,
explosives, fertilizer, flammables, gasoline, herbicides, insecticides,
kerosene, lime and lime products, pulp, pyroxylin, radium, and other
radioactive materials; any process involving the use of radioactive
material; incinerators; sewage disposal plants; earth and sanitary
landfill operations; nuclear waste storage and/or disposal; offal,
rubbish, or animal reduction; oil, coal and bone distillation; refineries;
slaughterhouses; stockyards; tanneries; other manufacture, processing
or storage of materials or products prohibited by exception to the
permitted and conditional uses; and any use which is found by the
Village Board to be obnoxious, unhealthful, or offensive by reason
of the potential emission or transmission of noise, vibration, smoke,
dust, odors, toxic or noxious matter, glare or heat, or fire or explosive
hazards.
(4)
Outside storage and manufacturing areas (fences).
Such areas shall be surrounded by a solid fence or wall not less than
six feet nor more than eight feet in height, or evergreen planting
screen, which completely prevents a view of the area from any other
property and shall have a five-foot setback from the right-of-way.
This requirement also applies to wrecking, junk demolition, and scrap
yard operations.
(6)
Building height: no limit.
(8)
Parking. A minimum of one off-street parking space
shall be provided for each vehicle maintained on the premises, plus
one space shall be provided for each 1.3 employees. Number of employees
shall be construed to mean the maximum number on the premises at one
time.
(a)
For restaurants, parking spaces shall be provided
equal in number to 30% of the patron capacity.
(b)
For garages involved in the storage, repair,
and servicing of motor vehicles, one parking space shall be provided
for each 200 square feet of gross building floor area in excess of
2,000 square feet.
B.
I-2 Industrial District.
(1)
Permitted uses and structures: all uses and structures
permitted in the I-1 District, except automotive body repairs (unless
in conjunction with an automotive franchise dealership) or portland
cement manufacture or processing.
(2)
Conditional uses and structures. All conditional uses
and structures permitted in the I-1 District and sewage disposal plants.
(3)
Prohibited uses. All uses prohibited in I-1 Industrial
District, except sewage disposal plants. Also, wrecking, junk demolition,
and scrap yard operations are prohibited.
(4)
Outside storage and manufacturing areas (fences).
Such areas shall be surrounded by a solid fence or wall not less than
six feet nor more than eight feet in height, or evergreen planting
screen, which completely prevents a view of the area from any other
property and shall have a five-foot setback from the right-of-way.
This requirement also applies to wrecking, junk demolition, and scrap
yard operations.
(6)
Building height: no limit.
(8)
Green space. A minimum of 100 feet must be left undeveloped
between a business (whether a structure or paved area) established
within the scope of this zoning district and any existing residential
area.
(9)
Parking: one off-street parking space for every 1.3
employees. Number of employees shall be construed to mean the maximum
number on the premises at one time.
(a)
For restaurants, parking spaces shall be provided
equal in number to 30% of the patron capacity.
(b)
For garages involved in the storage, repair,
and servicing of motor vehicles, one parking space shall be provided
for each 200 square feet of gross building floor area in excess of
2,000 square feet.
(10)
Off-street loading. Off-street loading facilities
shall be provided in accordance with the following minimum requirements
for any business involving the manufacture, production, processing,
cleaning, servicing, testing, repair, or storage of materials, goods,
or products:
(a)
Buildings containing 5,000 to 40,000 square
feet: one loading berth.
(b)
Buildings containing 40,000 to 100,000 square
feet: two loading berths.
(c)
For each additional 100,000 square feet: one
additional loading berth.
(d)
Square feet refers to gross floor area. Each
loading berth shall be not less than 12 feet in width by 55 feet in
length.
A.
Permitted uses and structures: the harvesting of wild
crops such as marsh hay, ferns, moss, wild rice, berries, tree fruits,
and tree seeds; sustained yield forestry; utilities such as but not
restricted to telephone, telegraph, and power transmission lines;
hunting, fishing, scenic, historic, scientific and wildlife preserve;
nonresident buildings used solely in conjunction with the raising
of waterfowl or fish; hiking trails and bridle paths; accessory uses;
public and private parks and picnic areas; regulatory signs not over
six square feet; and general farming provided that no drainage, filling
or dredging takes place and no farm buildings are constructed.
B.
Conditional uses. Fillings, drainage, dredging, nonresidential farm structures, dams, power plants, flowages, ponds, relocation of watercourses, removal of topsoil or peat, piers, docks, boathouses, and cranberry bogs. All permitted and conditional uses are subject to the provisions of §§ 525-10 and 525-11 of this chapter.
B.
Conditional uses and structures: dams; power plants;
nonresidential farm structures; piers, docks and boathouses; hunting
and fishing shacks, provided that such uses are located above the
high-water mark and occupancy does not exceed six months in one year;
filling; and campgrounds. All conditional use permits shall be granted
only upon a finding by the Plan Commission that such use or structure
will not restrict a floodway or destroy the storage capacity of a
floodplain.[2]
A.
The Zoning Board of Appeals may issue a conditional
use permit for conditional uses specified in this chapter after review
and a public hearing, provided that such uses are in accordance with
the purpose and intent of this chapter. Notice of such public hearing,
specifying the time, place and subject matter, shall be given in the
manner specified in the Wisconsin Statutes. The Zoning Board of Appeals
shall state in writing the ground(s) for refusing a conditional use
permit.
B.
Application for conditional use permits shall be submitted to the Village Clerk-Treasurer and shall be accompanied by the same information as is required for a zoning permit as specified in § 525-2D of this chapter and by a fee as set by the Village Board. The Zoning Board of Appeals may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including but not limited to a plan showing contours, soil types, high-water mark, groundwater conditions, bedrock, vegetative cover and specifications for areas of proposed filling, grading and lagooning.
C.
The Zoning Board of Appeals shall review the site;
existing and proposed structures and architectural plans; parking
areas; driveway locations; highway access; traffic generation and
circulation; drainage, sewerage and water systems; operation; conditions
which will affect the maintenance of safe and healthful conditions;
prevention and control of water pollution, including sedimentation;
and compatibility of the proposed use with the use of adjacent land.
D.
Upon consideration of the factors listed above, the
Zoning Board of Appeals may require conditions in addition to those
listed elsewhere in this chapter. Such conditions may include specifications
for, without limitation because of specific enumeration, landscaping,
type of construction, construction commencement and completion dates,
sureties, lighting, fencing, operational control, hours of operation,
traffic circulation, deed restrictions, increased setbacks and yards,
type of shore cover, specified sewage disposal and water supply systems,
planting screens, piers and docks, signs or any other requirements
necessary to fulfill the purpose and intent of this chapter.
E.
The Zoning Board of Appeals shall evaluate each application
and may request assistance from any source which can provide technical
assistance.
F.
Planned unit developments (PUD) are permitted as conditional
uses in all residential zones. Planned unit developments are intended
to provide for innovative large-scale residential developments. A
PUD must contain a minimum of 10 contiguous acres under one ownership
or control. Plans for the proposed development shall show the location,
size, and proposed use of all structures and land included in the
area involved. Individual drainage and planting plans shall be provided
for the entire development. The plans may provide for a combination
of single and multifamily development as well as closely related commercial
uses, provided that the plans indicate that:
(1)
The overall density shown on the PUD plan for residential
associated commercial uses shall not exceed an average density of
11 persons per acre. In computing population density, a factor of
3.0 persons shall be used per one-family dwelling, 2.5 persons per
garden-type apartment unit or townhouse and 1.5 persons per high-rise
apartment unit.
(2)
Paved streets and sidewalks adequate to serve the
needs of the area will be provided.
(3)
Adequate access to public streets and proper internal
circulation will be provided.
(4)
Adequate sewer and water facilities will be provided.
(5)
The development will constitute a reasonable extension
of the living areas in the Village and will be compatible with surrounding
land uses.
(6)
Adequate safeguards will be taken to ensure that the
parks and other open spaces shown on the plan are permanently reserved
as parks and open spaces.
G.
Mobile home parks are permitted as conditional uses in all residential zones provided and must meet all the provisions listed as Subsection G(1) through (15) below. Mobile home parks in existence at the time of the passage of this chapter are not required to comply with Subsection G(1) through (5) below.
(1)
The minimum size of mobile homes shall be 700 square
feet.
(2)
Mobile homes must be mounted on reinforced concrete
pads at least six inches thick.
(3)
Mobile homes must be skirted with brick, concrete
block, or other material manufactured expressly for this purpose.
(4)
Internal mobile home park streets must be at least
20 feet wide.
(5)
No mobile home shall be permitted in a mobile home
park unless it is less than five years old.
(6)
The minimum size of a mobile home park shall be five
acres.
(7)
The maximum number of mobile homes shall be 10 per
acre.
(8)
All drives, parking areas, and walkways shall be hard
surfaced.
(9)
There shall be a minimum yard setback of 30 feet at
all lot lines of the mobile home park.
(10)
It shall conform to the requirements of Ch. Comm 95,
Wis. Adm. Code.
(11)
No mobile home site shall be rented for a period of
less than 30 days.
(12)
Each mobile home shall be separated from each other
mobile home by a yard not less than 15 feet wide.
(13)
There shall be two surfaced automobile parking spaces
for each mobile home.
(14)
Unless adequately screened by existing vegetative
cover, it shall be screened by a temporary planting of fast-growing
material, capable of reaching a height of 15 feet or more, such as
hybrid poplar, and a permanent evergreen planting, such as white or
Norway pine, and individual trees shall be of such a number and so
arranged that within 10 years they will have formed a screen equivalent
in opacity to a solid fence or wall. Such permanent planting shall
be grown or maintained to a height of not less than 15 feet.
(15)
Other than mobile homes located in said mobile home parks pursuant to a conditional use permit, all other mobile homes (except those defined as manufactured homes in § 525-16) are specifically excluded from said Village and shall not be permitted for whatever purpose.
[Amended 11-11-1993]
H.
Travel trailer parks and campgrounds may be permitted
in the Rural Development District, provided that:
(1)
The minimum size of a travel trailer park or campground
shall be five acres.
(2)
The maximum number of travel trailers or campsites
shall be 15 per acre.
(3)
Minimum dimensions of a travel trailer site or campsite
shall be 25 feet wide by 40 feet long.
(4)
There shall be 1 1/2 automobile parking spaces for
each trailer site and one for each campsite.
(5)
There shall be a minimum yard setback of 40 feet at
all lot lines of the travel trailer park or campground.
(6)
It shall conform to the requirements of Ch. Comm 95,
Wis. Adm. Code.
(7)
The screening provisions for mobile home parks are
met.
A.
The trimming or removal of natural vegetation in a
strip paralleling the shoreline and extending 35 feet inland at all
points along the normal high-water mark of any shoreline shall be
limited in accordance with the following provisions: natural vegetation
may be replaced by artificial planting that is equally effective in
controlling erosion and the flow of effluent but is not to exceed
30% of the length of the strip as measured along the normal high-water
mark. These provisions shall not apply to the removal of dead, diseased
or damaged vegetation.
B.
A path or other passage across the strip shall be
so constructed or so surfaced as to be as effective in controlling
erosion as the vegetation it replaces, and there shall be not more
than one such path or passage on any one lot.
C.
The trimming of the trees or brush to provide a view
shall be permitted as long as such trimming does not endanger the
life or health of the vegetation.
D.
Increased erosion or effluent or nutrient flow as
a result of failure to comply with the above requirements shall constitute
a violation of this chapter.
A.
A conditional use permit shall be required for any
filling or grading:
(1)
Of the bed of navigable body of water. In addition
a permit shall be obtained from the Department of Natural Resources
or any other state agency having jurisdiction under the provisions
of §§ 30.11 and 30.12, Wis. Stats.
(2)
Of any area which is within 300 feet horizontal distance
of a navigable water which has surface drainage toward the water and
on which there is:
(a)
Filling of more than 500 square feet of any
wetland which is contiguous to the water. For purposes of this section,
a wetland shall be defined as any area where groundwater is at or
near the surface a substantial part of the year.
(b)
Filling or grading on slopes of 20% or more.
(c)
Filling or grading of more than 1,000 square
feet on slopes of 12% to 20%.
(d)
Filling or grading of more than 2,000 square
feet on slopes of 12% or less.
B.
A conditional use permit shall be required before
constructing or commencing work on any artificial waterway, canal
ditch, lagoon, pond, lake or similar waterway which is within 500
feet of the high-water mark of a navigable body of water or where
the purpose is ultimate connection with a navigable body of water.
This requirement does not apply to soil conservation practices such
as terraces, diversions and grassed waterways which are used for sediment
retardation. In addition a permit shall be obtained from the Public
Service Commission or any other state agency having jurisdiction under
the provisions of § 30.19, Wis. Stats.
C.
In granting a condition use permit for filling, grading, or lagooning the Plan Commission may attach the following conditions in addition to those specified in § 525-9 of this chapter:
(1)
The smallest amount of bare ground shall be exposed
for the shortest time feasible.
(2)
Temporary ground cover such as mulch shall be used
and permanent cover such as sod shall be planted.
(3)
Diversions, silting basins, terraces and other methods
to trap sediment shall be used.
(4)
Dredging to a firm bottom shall be done before filling.
(5)
Dredging shall be conducted in such a manner as to
avoid creation of fish trap conditions.
(6)
Fill is stabilized according to accepted engineering
standards.
(7)
Fill will not restrict a floodway or destroy the storage
capacity of a floodplain.
(8)
Walls of a channel or artificial watercourse shall
be stabilized to prevent slumping.
(9)
Sides of channels or artificial watercourses shall
be constructed with side slopes of two horizontal to one vertical
or flatter, unless vertical bulkheading is provided.
[Amended 3-8-1988; 10-11-1988]
A.
No sign shall hereafter be located, erected, moved,
reconstructed, extended, enlarged, converted, or structurally altered
without first taking the following steps:
(1)
Filing a sign permit application and paying the required
fee as set by the Village Board.
(2)
Obtaining a signed permit approved by the Zoning Administrator.
If the sign permit is denied, said petitioner can ask to be placed
on the agenda of the next regular meeting of the Village Board and
petition the Village Board for a review of the Zoning Administrator's
denial.
B.
All signs are prohibited in all R-1, R-2 and R-3 Districts
except for the following. All signs permitted within the exceptions
below shall be constructed not less than five feet from the side property
boundaries and not less than two feet from the property line facing
the Village right-of-way. Lighted signs are not permitted.
(1)
Signs over show windows or doors of a nonconforming
business establishment announcing without display or elaboration only
the name and occupation of the proprietor and not to exceed two feet
in height and 10 feet in length.
(2)
Real estate signs not to exceed eight square feet
in area which advertise the sale, rental, or lease of the premises
upon which said signs are temporarily located.
(3)
Name, occupation and warning signs not to exceed 16
square feet located on the premises.
(4)
Bulletin boards for public, charitable or religious
institutions not to exceed eight square feet in area located on the
premises.
(5)
Memorial signs, tables, names of buildings and date
of erection when cut into any masonry surface or when constructed
of metal and affixed flat against a structure.
(6)
Official signs, such as traffic control, parking restrictions,
information and notices.
(7)
Temporary signs when authorized by the Zoning Administrator
for a period not to exceed 30 days.
(8)
Political signs subject to the erection and removal
guidelines of the Wisconsin Statutes.
(9)
Rummage sale signs. Signs advertising a rummage sale
(see definitions below) may be placed on the seller's property, one
per lot, except that on a corner lot one sign may be placed facing
each street. Signs may be placed on other residential property only
with the permission of the property owner or other person who is in
charge of the property at the time of the sale. A maximum of two off-premises
signs may be displayed if they meet the other conditions of this chapter.
[Added 10-21-1998]
(a)
Such signs shall not exceed six square feet
in area, shall be freestanding, and shall be presentable in appearance.
Signs shall not be erected prior to 6:00 p.m. on the day before the
beginning of the sale and shall be taken down within one hour after
the close of the sale on the last day of the sale. Signs shall not
be attached to or displayed on traffic or regulatory signs, utility
poles, or trees. No signs shall be placed on public land or in street
rights-of-way.
(b)
Owners of signs posted in violation of this
chapter may be requested to remove them, or Village personnel may
cause their removal.
(c)
"Rummage sale" means and includes all general sales open to the public, for the purpose of disposing of personal property, and conducted from or on a residential premises, as defined in § 525-4. This includes, but is not limited to, all sales titled "rummage," "lawn," "yard," "porch," "room," "backyard," "patio," "flea market" or "garage" sale. "Personal property" means property which is acquired, owned, utilized and maintained in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
C.
Signs in an R 4 District are permitted provided that
they meet the following specifications:
(1)
Said signs may be lighted but with nonblinking lights.
(2)
Said signs shall be constructed not less than five
feet from the side property boundaries and not less than two feet
from the property line facing the Village right-of-way.
(3)
Political signs are permitted subject to the erection
and removal guidelines of the Wisconsin Statutes.
(4)
Said signs must not exceed 16 square feet. Any sign
exceeding 16 square feet must be approved by the Village Board.
D.
Signs are permitted in all commercial and industrial
districts except districts bordering U.S. 51 as described below and
subject to the following restrictions:
(1)
Signs bordering U.S. 51.
(a)
No signs shall be erected closer than 10 feet
to the highway right-of-way.
(b)
All signs erected shall have a minimum of 96
square feet and shall not be any longer than 24 feet.
(c)
No signs shall be erected which are illuminated
by flashing neon lights or any other type of flashing light. However,
lighted signs are permissible provided that the lights do not interfere
with driver safety.
(d)
All signs in this district are subject to review
by the Fiscal Committee, and the person erecting said sign must have
a permit from the Village Clerk-Treasurer and pay the required fee.
(e)
The top of the sign shall not be more than 100
feet above the ground level at the base of the sign.
(f)
Every sign contractor shall file with the Village
Clerk-Treasurer a certificate of insurance indicating the applicant
holds a public liability and property damage policy specifically to
include the hold harmless with bodily injury limits of at least $300,000
per occurrence, and $300,000 aggregate, and property damage insurance
of at least $100,000 per occurrence and $100,000 aggregate. Such insurance
shall not be canceled or reduced without the insured first giving
30 days' notice in writing to the Village of Westfield of such cancellation
or reduction.
(g)
Advertising vehicles. No persons shall park
any vehicle or trailer on any public right-of-way property or on private
properties so as to be seen from a public right-of-way which has attached
thereto or located thereon any sign or advertising device for the
basic purpose of providing advertisement of products or directing
people to a business activity located on the same or nearby property
or any other premises. The Village Clerk-Treasurer may issue special
permits for the parking of advertising vehicles for a period not to
exceed five days per location.
(h)
Off-premises signs are permitted in B-2 Highway
Commercial Districts only. They are not permitted in any other district,
whether it be residential, industrial or commercial. An off-premises
sign is defined as being a sign advertising a business or product
for a business on another location other than where the sign is located.
(2)
Wall signs placed against the exterior walls of buildings
shall not exceed more than six inches outside of a building's wall
surface and shall not exceed 500 square feet in area for any one premises.
(3)
Projected signs fastened to, suspended from, or supported
by structures shall not exceed 100 square feet in area for any one
premises, shall not extend more than six feet into any required yard,
shall not extend more than three feet into any public right-of-way,
and shall not be less than 10 feet above the sidewalk nor 15 feet
above a driveway or an alley.
(4)
Ground signs shall meet all yard requirements for
the district in which they are located. With regards to a B-3 ground
sign, setback requirements shall be not less than five feet from the
side property boundaries and not less than two feet from the property
lines facing the Village right-of-way.
(5)
Roof signs shall not exceed 10 feet in height above
the roof, shall meet all setback requirements for the district in
which they are located, and shall not exceed 300 square feet on all
sides for any one premises.
(6)
Combination of any of the above signs shall meet all
the requirements for the individual sign.
(7)
Directory signs shall be permitted under the following
conditions:
(a)
The directory sign will be designed in such
a way to accommodate no fewer that five businesses with the same letter
type for each business.
(b)
The sign will be maintained by those persons
signing the sign permit.
(c)
The sign size, shape and dimensions will be
subject to the approval of the Fiscal Committee.
(d)
The Fiscal Committee will also approve the location
of a directory sign.
E.
Signs shall not resemble, imitate or approximate the
shape, size, form or color of railroad or traffic signs, signals or
devices. No sign shall be erected, relocated, or maintained so as
to prevent free ingress to or egress from any door, window, or fire
escape, and no sign shall be attached to a standpipe or a fire escape.
No sign shall be placed so as to obstruct or interfere with traffic
visibility. No sign shall be maintained in an unsightly, unsafe or
hazardous manner. In the event that such a sign exists, the Village
Clerk-Treasurer shall give the owner of said real estate 10 days'
written notice to remove or repair said sign in accordance with the
Village sign requirements and with a further notice that if said repairs
are not completed within 10 days that the Village shall remove said
sign and levy the cost of removal as a tax assessment against the
landowner.
F.
A sign lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size or location does not conform to the provisions of this chapter. However, it shall be deemed a nonconforming use or structure and the provisions of § 525-13 shall apply.
G.
In the event that a business closes in which a sign relates, said sign shall be removed by the landowner within 30 days of the business closing or the Village will remove the same and levy all costs of removal as a special tax assessment after giving the ten-day notice as specified in Subsection E above.
H.
In the event that there is any violation of this section,
the Village shall give a ten-day written notice to notify said landowner
of said violation, and failure to correct the same shall result in
the Village removing the sign and levying it on the tax rolls as a
special assessment.
A.
Existing nonconforming uses. The lawful nonconforming
use of a structure or land existing at the time of the adoption or
amendment of this chapter may be continued although the use does not
conform to the provisions of this chapter; provided, however, that:
(1)
Only that portion of the land in actual use may be
so continued and the structure may not be extended, enlarged, reconstructed,
substituted, moved or structurally altered except when required to
do so by law or order or as to comply with the provisions of this
chapter.
(2)
Total lifetime structural repairs or alterations shall
not exceed 50% of the Village's assessed value of the structure at
the time of its becoming a nonconforming use unless it is permanently
changed to conform to the use provisions of this chapter.
(3)
Substitution of new equipment may be permitted by
the Zoning Board of Appeals if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses.
B.
Abolishment or replacement. If such nonconforming
use is discontinued or terminated for a period of 12 months, any future
use of the structure or land shall conform to the provisions of this
chapter. When a nonconforming use or structure is damaged by fire,
explosion, flood, the public enemy, or other calamity to the extent
of more than 50% of its current assessed value, it shall not be restored
except so as to comply with the use provisions of this chapter. A
current file of all nonconforming uses shall be maintained by the
Zoning Administrator listing the following: owner's name and address,
use of the structure or land, and assessed value, at the time of becoming
a nonconforming use. A nonconforming structure damaged or destroyed
by violent wind, vandalism, fire, flood, ice, snow, mold or infestation
may be restored in accordance with the provisions of § 62.23(7)(hc),
Wis. Stats.[1]
C.
Existing nonconforming structures. A lawful nonconforming
structure existing at the time of the adoption or amendment of this
chapter may be continued although its size or location does not conform
to the lot width, lot area, yard, height, parking and loading, and
access provisions of this chapter; however, it shall not be extended,
enlarged, reconstructed, moved or structurally altered except when
required to do so by law or order or so as to comply with the provisions
of this chapter.
D.
Changes and substitutions. Once a nonconforming use
or structure has been changed to conform, it shall not revert back
to a nonconforming use or structure. Once the Zoning Board of Appeals
has permitted the substitution of a more restrictive nonconforming
use for an existing nonconforming use, the substituted use shall lose
is status as a legal nonconforming use and become subject to all the
conditions required by the Zoning Board of Appeals.
E.
Substandard lots. In any residential district, a one-family
detached dwelling and its accessory structures may be erected on any
legal lot or parcel, provided that such lot or parcel was of record
in the County Register of Deeds office before the effective date or
amendment of this chapter. Such lot or parcel shall be in separate
ownership from abutting lands. If abutting lands and the substandard
lot are owned by the same owner, the substandard lot shall not be
sold or used without full compliance with the provisions of this chapter.
If in separate ownership, all the district requirements shall be complied
with insofar as practical but shall not be less than the following:
(2)
Building height: maximum 30 feet.
A.
A Zoning Board of Appeals shall be appointed as specified
in § 62.23(7)(e), Wis. Stats. The members shall serve with
compensation as set by the Village Board and shall be removable by
the Village President for cause upon written charges and after public
hearing. The Zoning Board of Appeals shall make and file in the office
of the Village Clerk-Treasurer its own rules and procedure consistent
with Wisconsin Statutes.[1]
B.
The Zoning Board of Appeals shall have the following
powers:
(1)
To hear and decide appeals where it is alleged there
is error in any order, requirement decision, or determination made
by the Zoning Administrator.
(2)
To hear and decide special exceptions to the terms
of this chapter upon which the Zoning Board of Appeals is required
to pass.
(3)
To authorize, upon appeal in specific cases, such
variance from the terms of this chapter as will not be contrary to
the public interest where, owing to special conditions, a literal
enforcement will result in practical difficult or unnecessary hardship,
so that the spirit of this chapter shall be observed, public safety
and welfare secured and substantial justice done; provided, however,
that no such action shall have the effect of establishing in any district
a use or uses not permitted in such district.[2]
(4)
To permit the erection and use of a building or premises
in any location subject to appropriate conditions and safeguards in
harmony with the general purposes of this chapter, for such purposes
which are reasonably necessary for public convenience and welfare.
C.
The Zoning Board of Appeals may reverse or affirm,
wholly or in part, or may modify any order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as in its opinion ought to be made in the
premises and to that end shall have all the powers of the Zoning Administrator.
The concurring vote of four members of the Zoning Board of Appeals
shall be necessary to reverse any order, requirement, decision or
determination appealed from or to decide in favor of the applicant
on any matter on which it is required to pass, or to effect any variation
in the requirements of this chapter. The grounds of every such determination
shall be stated and recorded.
A.
The Village Board may amend this chapter according
to the procedures established in § 62.23(7)(d), Wis. Stats.
B.
All territory annexed to the Village of Westfield
shall become part of the Rural Development District until definite
boundaries and regulations are adopted by the Village Board; provided,
however, that the Village shall adopt definite boundaries and district
regulations, in accordance with the Comprehensive Plan, within 90
days from date of annexation.
For the purpose of this chapter, certain words
are defined as follows. Words used in the present tense include the
future; the singular number includes the plural number, and the plural
number includes the singular. The word "building" includes the word
"structure"; the word "shall" is mandatory and not directory.
A building or portion of a building subordinate to the main
building but not part of the main building and used for a purpose
customarily incidental to the permitted use of the main building.
A street or thoroughfare affording only secondary access
to abutting property.
Any structure used, designed, or intended for the protection,
shelter, enclosure or support of persons or property.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of flat roof, to the deckline
of a mansard roof, or to the average height of the gable of a gambrel,
hip or pitch roof.[1]
A use of land, water or building which is allowable only
after the issuance of a special permit by the Village Board under
conditions specified in this chapter.
A building or portion thereof designed for and occupied by
two or more families.
A detached building designed for or occupied exclusively
by one family.
A group of persons related by blood or marriage and living
together as a single housekeeping entity.
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.
An accessory building or space for the storage only of not
more than three motor-driven vehicles per dwelling.
Any building or premises, other than a private or storage
garage, where motor-driven vehicles are equipped, repaired, serviced,
hired, sold or stored.
Any building or premises used for storage only of motor-driven
vehicles and where no vehicle equipment, parts, fuel or oil is sold
or where no vehicles are serviced, repaired, hired or sold.
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, that no stock-in-trade is kept or sold, that no mechanical
equipment is used other than such as is permissible for purely domestic
purposes, and that no person other than a member of the immediate
family living on the premises is employed.
A building in which lodging, with or without meals, is offered
to transient guests for compensation.
A parcel of land having a width and depth sufficient to provide
the space necessary for one main building and its accessory building,
together with the open spaces required by this chapter, and on a public
street.
A lot abutting on two or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
The lines bounding lots as defined herein.
[Added 11-11-1993]
A structure certified and labeled as a manufactured
home under 42 U.S.C. §§ 5401 to 5426 which, when placed
on the site:
Is set on a permanent enclosed foundation in
accordance with § 70.043(1), Wis. Stats., and Subchapters
III, IV and V of Ch. Comm 21, Wis. Adm. Code, or is set on a comparable
enclosed foundation system approved by the Village Zoning Administrator.
The Village Zoning Administrator may require a plan to be certified
by a registered architect or engineer to ensure proper support for
the home.
Is installed in accordance with the manufacturer's
instructions.
Is properly connected to all utilities.
Is constructed with a pitched roof and overhanging
eaves and sided with wood, aluminum or vinyl siding.
Contains floor space of at least 800 square
feet and has a minimum width of 16 feet.
Is erected on a standard lot in a residential zone, as defined in § 525-4.
Meets all other residential zoning requirements,
such as setbacks.
A premanufactured home such as one produced
by Terrace Homes or Wausau Homes is not considered a "manufactured
home" within the above definition but rather is considered the same
for regulation purposes as a home built on site from the ground up.
An unoccupied, compartmentalized warehouse building having
one or more doors serving each compartment.
[Added 5-28-1992]
A building or premises lawfully used or occupied at the time
of the passage of this chapter or amendments thereto, which use or
occupancy does not conform to the regulations of this chapter or any
amendments thereto.
The minimum horizontal distance between the street line and
the nearest point of a building or any projection thereof.
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names, or trademarks by which anything
is made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity, or
product and which are visible from any public street or highway.
All property dedicated or intended for public or private
street purposes or subject to public easements.
That portion of a building included between the surface of
a floor and the surface of the floor next above it or, if there is
no floor above it, then the space between the floor and the ceiling
next above it.
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.
A facility established for the purpose of providing diagnosis,
treatment, prevention, and control of animal disease, as well as promoting
the health and well-being of small animals. Kennels are provided only
for the treatment and recuperation of animal patients and must be
physically located inside the veterinary facility. Outdoor kennels
or other outdoor exercise areas are included, provided that an employee
of the clinic is on duty. Facilities established for the purpose of
boarding animals are not included.
[Amended 4-14-1998]
An unoccupied triangular space at the corner of a corner
lot which is bounded by the street lines and a setback line connecting
points determined by measurement from the corner of each street line.
The shortest straight line at the waterfront end of a stream
lot that lies wholly within the lot, provided that not less than 75%
of the length of such waterline shall be on or on the landward side
of the normal high-water mark of such stream.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
A yard extending the full width of the lot between the front
lot line and the nearest part of the main building.
A yard extending the full width of the lot, being the minimum
horizontal distance between the rear lot line and the nearest part
of the building.
A yard extending from the front yard to the rear yard, being
the minimum horizontal distance between a building and the side lot
line.[2]
