For the purpose of this chapter, the following
shall apply as indicated throughout the chapter:
A.Â
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
B.Â
The present tense includes the future tense, and the
singular includes the plural.
C.Â
The word "shall" is mandatory; the word "may" is permissive.
D.Â
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:
A use or structure on the same lot with the principal use
or structure and of a nature customarily incidental and subordinate
to the principal structure.
Any airport which complies with the definition contained in Ch. 114, Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
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.
Buildings and premises where gasoline, oil, grease, batteries,
tires and automobile accessories and convenience retail goods may
be supplied, dispensed and sold and where minor repair or maintenance
work may be performed, such as ignition service, tire repair, repair
and replacement of minor parts such as pumps and filters and the like.
A filling station is not a repair or body shop.
Premises used for the storing, dismantling, crushing, shredding
or disassembly of used motor vehicles or their parts.[1]
An establishment where meals and lodging are provided for
compensation by prearrangement other than in dwelling units, without
limitation on time periods involved, and for a total of at least four
or more boarders.
A structure having one or more stories and a roof which is
used or intended to be used for shelter or enclosure for persons,
property or animals.
The front of a building shall be construed to be the portion
facing a street. For purposes of computation of the number and area
of signs, the frontage of a building shall be computed as nearly at
ground level as computation of horizontal distance permits. In cases
where this test is indeterminate or cannot be applied, as for instance
where there is a diagonal corner entrance, the Zoning Administrator
or Building Inspector shall select building frontage on the basis
of interior layout of the building, traffic on adjacent streets or
other indicators.
A building's vertical measurement, from the main level of
the finished grade in front of the building to the highest point on
the roofline of a flat roof or a roof having a pitch ratio of less
than 1.4 from the horizontal, and to a point midway between the peak
and the eaves of a roof having a pitch ratio of more than 1.4.
The rear edge of any required front yard or the rear edge
of any required setback line.
The lot or lots or portion of a lot or lots used for a building,
the total area of which lots is ascribed to the building for compliance
with these zoning regulations.
An office or group of offices relating to the health care
professions, including physicians, dentists and the like engaged in
the treatment of persons.
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.
Facilities defined in § 46.03, Wis. Stats.
A place where regular care is provided to three or more infirm
persons, children or aged persons who are not members of the family
which resides on the premises.
Outagamie County, Wisconsin.
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.
Any establishment dispensing or serving food in automobiles,
including those establishments where customers serve themselves and
may eat or drink in the building or in their automobiles on the premises.
A building containing three or more dwelling units. The term
"multifamily dwelling" shall include cooperative apartments, condominiums,
apartments and the like. Regardless of how rental units are equipped,
any multifamily dwelling in which units are available for rental periods
of less than one week shall be considered a motel.
A building containing not more than one dwelling unit attached
at the side or sides in a series or a group of three or more buildings,
each containing not more than one dwelling unit. Each building shall
be separated from the adjoining building or buildings by a party wall
or walls extending from footings through roofs. The term "attached
dwelling" is intended to imply townhouses, patio or atrium houses
or any form which conforms to this definition.
A building containing not more than one dwelling unit, entirely
separate from structures on adjacent lots. The term "detached dwelling"
shall not include mobile homes, travel trailers, or other forms of
portable or temporary housing but shall include manufactured homes.
All single-family dwellings shall:
Contain not less than 1,200 square feet of living
area.
Be covered by a roof pitched at a minimum slope
of five inches in 12 inches which is permanently covered with nonreflective
material.
Have overhanging eaves of not less than 18 inches.
Be a minimum of 25 feet in width. Attached garages,
carports and open decks shall not be included in the measurement of
the width.
One building containing not more than two dwelling units
or two buildings, attached at the side, with not more than one dwelling
unit per building. The term "two-family dwelling" is intended to imply
single-family semidetached buildings and duplexes or any form which
conforms to this definition.
A room or rooms connected together, constituting a separate,
independent housekeeping establishment for one family only, for owner
occupancy or for rental, lease or other occupancy on a weekly or longer
basis, physically separated from any other rooms or dwelling units,
and containing independent cooking and sleeping facilities.
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:
[Amended 8-17-2010 by Ord. No. 2010-03]
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.
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 rest rooms, attic area, unenclosed stairways,
elevator structures, heating or other building machinery or equipment,
or basement space.
The ratio of the total floor area of a building to the total
lot area.
Land, buildings or structures used for the purpose of raising
or harboring fur-bearing animals including those defined in § 29.001,
Wis. Stats., and also including chinchillas, whether the animals are
kept for breeding, slaughtering or petting.
An accessory building designed or used for inside parking
of not more than three private motor vehicles, recreational vehicles
or boats by the occupant of the principal building. A private garage
attached to or a part of the main building is to be considered part
of the main building.
An accessory building designed or used for the storage of
more than three motor vehicles, recreational vehicles or boats.[2]
An establishment where sleeping accommodations are offered
to the public and intended primarily for rental to transients, with
daily charge, as distinguished from multifamily dwellings and boardinghouses
where rentals are for periods of a week or longer and occupancy is
generally by residents rather than transients. Hotels may serve meals
to both occupants and others. The term "hotel" is also intended to
imply motel, motor court, motor lodge, tourist court or any form which
conforms to this definition.
Premises or land, buildings or structures where junk, waste,
discarded, salvaged or similar materials such as old metals, wood,
lumber, glass, paper, rags, cloth, cordage, barrels, containers, etc.,
are brought, bought, sold, exchanged, baled, packed, stored or handled,
including used lumber and building materials, equipment, wrecking
yards and the like. This definition shall not include automobile salvage
or wrecking yards or pawnshops and establishments for the sale, storage
or purchase of secondhand vehicles, clothing, furniture, appliances
or similar household goods, all of which shall be usable, nor shall
it apply to the processing of used, discarded or salvageable materials
incident to manufacturing activity on the same site.
[Amended 8-17-2010 by Ord. No. 2010-03]
Any establishment for the raising, training, boarding or
selling of dogs, cats, birds, mice, rats or other small animals, for
hire or profit, or where more than three dogs, cats or other small
animals are harbored or kept.
[Amended 8-17-2010 by Ord. No. 2010-03]
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.
The total horizontal area within the lot lines of the lot.
The percentage of the lot area covered by the principal structure.
Depth 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.
The front of an interior lot shall be construed to be the
portion nearest the street. For the purpose of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to a
street shall be considered frontage, and yards shall be provided as
set out in these zoning regulations. For the purpose of computing
number and area of signs, frontage of a lot shall be established by
orientation of the frontage of buildings thereon or of principal entrance
points to the premises if building frontage does not clearly indicate
lot frontage. If neither of these methods are determinant, the Building
Inspector shall select on the basis of traffic flow on adjacent streets,
and the lot shall be considered to front on the street with the greater
flow.
The diagram which follows illustrates the terminology used
in this chapter with reference to corner lots, interior lots, reversed
frontage lots and through lots.
 |
|
A
|
=
|
corner lot, defined as a lot located at the
intersection of two or more streets. A lot abutting on curved street
or streets shall be considered a corner lot if straight lines drawn
from the foremost point of the lot meet at an interior angle of less
than 135°. See lots A(1) in the diagram.
|
|
B
|
=
|
interior lot, defined as a lot other than a
corner lot with only one frontage on a street.
|
|
C
|
=
|
through lot, defined as a lot other than a corner
lot with frontage on more than one street. Through lots abutting two
streets may be referred to as double frontage lots.
|
|
D
|
=
|
reversed frontage lot, defined as a lot on which
the frontage is at right angles or approximately right angles (interior
angle less than 135°) to the general pattern in the area. A reversed
frontage lot may also be a corner lot (A-D in the diagram), and interior
lot (B-D) or a through lot (C-D).
|
Width of a lot shall be considered to be the average distance
between straight lines connecting front and rear lot lines at each
side of the lot, measured as straight lines between the foremost points
of the side lot lines in front (where they intersect with street line)
and the rearmost points of the side lot lines in the rear; provided,
however, that the width between the side lot lines at their foremost
points in the front shall not be less than 80% of the required lot
width except in the case of lots on the turning circle of a cul-de-sac,
where the width shall not be less than 60% of the required lot width.
 |
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 an enclosed continuous foundation
in accordance with § 70.43(1), Wis. Stats., and Ch. Comm
21, Subchapters III, IV, and V, Wis. Adm. Code, or is set on a comparable
enclosed continuous foundation system approved by the Building Inspector,
who may require a plan for such foundation to be certified by a registered
architect or engineer to ensure proper support for such structure;
Is installed in accordance with the manufacturer's
instructions.
Is properly connected to utilities;
Is without any hitch, wheel or axle; and
Meets other applicable standards of this chapter.
A vehicle manufactured or assembled prior to June 15, 1976,
designed to be towed as a single unit or in sections on a highway
by a motor vehicle and equipped and used, or intended to be used,
primarily for human habitation, with walls of rigid uncollapsible
construction, which has an overall length in excess of 45 feet. "Mobile
home" includes a structure which has been certified and labeled as
a manufactured home under 42 U.S.C. §§ 5401 to 5426,
or which has been certified and labeled as a manufactured home under
§§ 101.91 to 101.96, Wis. Stats., and Ch. Comm 26,
Wis. Adm. Code, if the structure:
Is not set upon an enclosed permanent foundation
upon land owned by the mobile home owner;
Is on wheels;
Is not properly connected to utilities;
Has tow bars, wheels or axles attached to it;
or
Has not been installed in accordance with the
manufacturer's instructions or a plan certified by a registered architect
or engineer so as to ensure proper support for the structure.
The total acreage of a lot, tract or parcel of land, excluding
land in existing and proposed streets and street rights-of-way.
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.
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.
A business office is an office for such activities as real
estate agencies, advertising agencies (but not sign shops), insurance
agencies, travel agencies and ticket sales, chamber of commerce, credit
bureau (but not finance company), abstract and title agencies or insurance
companies, stockbrokers and the like. It is characteristic of a business
office that retail or wholesale goods are not shown on the premises
to a customer. A barber or beauty shop is not a business office.
A professional office is an office for the use of a person
or persons generally classified as professionals, such as architects,
engineers, attorneys, accountants, doctors, dentists, chiropractors,
psychiatrists, psychologists and the like.
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.
Premises and facilities used occasionally or periodically
for the accommodation of members of groups or associations for outdoor
recreational activities.
Single-family residential development outside the current
sewer service area and sewer service planning area.
Any device for visual communications and the structure which supports it, which is used or intended to attract attention of the public, when the display of this device is visible from a Town right-of-way. The term "sign" shall not include flags. See also Article VII, Signs.[3]
[Amended 8-17-2010 by Ord. No. 2010-03; 4-24-2018 by Ord. No. 2018-03]
Those uses or structures that may not be appropriate generally or without restriction throughout a district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare, such uses or structures may be permitted in a zoning district if they meet the requirements of the district in which they are located and Article XIII.
Premises where more than one horse (livestock) is boarded,
raised, kept or retained regardless of whether such horses are (livestock
is) owned by the occupants or owners of the premises. A stable shall
provide not less than one acre of lot area per horse.
Premises on which horses are (livestock is) kept for the
purpose of renting them to the public on any basis. A riding stable
shall consist of not less than five acres.
Premises where goods and materials or more than three motor
vehicles, recreational vehicles or boats are stored for a fee.
That portion of a building, other than a basement, that 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.
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 signs, fences, mobile homes
and parking lots.
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 XIV of this chapter.
An open space other than a court on a lot, unoccupied and
unobstructed from the ground upward; provided, however, that fences,
walls, poles, posts, and other customary yard accessory ornaments
and furniture may be permitted in any yard subject to height limitations
and requirements limiting obstruction of visibility. "Required yard"
means the minimum distances specified by this chapter measured from
the property line.
A yard extending across the front of a lot between the side
lot lines, and extending from the street line to the nearest line
of the principal structure or projection of the principal structure.
A yard extending across the rear of a lot between the side
lot lines, and extending from the rear property line to the nearest
line of the principal structure or projection of the principal structure.
A yard extending between the nearest building or projection
thereto and the side lot line and extending from the front yard to
the rear yard.
[2]
Editor's Note: The definition of "home occupation" which immediately followed this definition was repealed 8-17-2010 by Ord. No. 2010-03. See now § 525-40.
[3]
Editor's Note: The definitions of "sign, accessory," "sign
area," "signs, number of" and "sign types," which immediately followed
this definition, were repealed 8-17-2010 by Ord. No. 2010-03.
