This chapter is adopted under the authority granted by §§ 61.35
and 62.23(7), Wis. Stats.
This chapter shall be known as, referred to or cited as the
"Zoning Code, Village of Clayton, Wisconsin."
The purpose of this chapter is to promote the health, safety,
prosperity, aesthetics and general welfare of the residents of the
Village of Clayton.
It is the general intent of this chapter to:
A.
Regulate the use of all structures, lands and waters;
B.
Regulate lot coverage, population distribution and density, and the
size and location of all structures so as to lessen congestion in
and promote the safety and efficiency of the streets and highways;
C.
Secure safety from fire, flooding, panic and other dangers;
D.
Provide adequate light, air, sanitation and drainage;
E.
Prevent overcrowding and avoid undue population concentration;
F.
Facilitate the adequate provision of public facilities and utilities;
G.
Stabilize and protect property values;
H.
Further the appropriate use of land and conservation of natural resources;
I.
Preserve and promote the beauty of the Village;
J.
Implement the Village Comprehensive Plan or plan components;
K.
Provide for the administration and enforcement of this chapter and
to provide penalties for its violation.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, ordinances, rules, regulations or permits previously adopted
or issued pursuant to law. However, wherever this chapter imposes
greater restrictions, the provisions of this chapter shall govern.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Village and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
For the purposes of this chapter, the following definitions
shall be used:
A subordinate building or portion of the main building, the
use of which is purely incidental to that of the main building.
A use subordinate in nature, extent or purpose to the principal
use of the building or lot.[1]
A public right-of-way which affords only a secondary means
of access to abutting property.
A portion of a residential or commercial building used as
a separate housing unit.
See "dwelling, multiple-family."[2]
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways
and parkways.
A story partly underground but having at least 1/2 of its
height, or more than five feet, below the mean level of the adjoining
ground. Also see the Uniform Dwelling Code, § SPS 320.07(8),
Wis. Adm. Code.
A building other than a hotel where meals or lodging and
meals are provided for compensation for not more than six persons.[3]
A structure having a roof and intended for shelter, housing
or enclosure.
Any change or rearrangement of the supporting members, such
as bearing walls, beams, columns or girders, of a building, an addition
to a building, or movement of a building from one location to another.
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
The vertical distance from the mean elevation of a finished
grade along the front of the building to the highest point of a flat
roof, or to the deckline of a mansard roof, or to the mean height
between eaves and ridge for gable, hip or gambrel roofs.
A building in which is conducted the main use of the lot
on which said building is located.
Includes the commercial, limited industrial and general industrial
uses and districts as herein defined.
See "garage."
A building used by a group of physicians, chiropractors,
dentists or similar professionals for the medical examination or treatment
of persons on an outpatient or nonboarding basis only.
A building owned, leased or hired by a nonprofit association
of persons who are bona fide members, the use of which is restricted
to said members and their guests.[4]
A use of land, water or building which is allowable only
after review, public hearing and recommendation by the Plan Commission
and approval by the Village Board under conditions specified in this
chapter.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
An open, unoccupied space other than a yard, on the same
lot with a building, and which is bounded on two sides by the building.[5]
The level of the established curb in the front of the building
measured at the center of such front.[6]
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 building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums.[7]
A detached building designed, arranged or used for and occupied
exclusively by one family; shall include specially designed buildings
covered by earth.[8]
A building designed, arranged or used for, or occupied exclusively
by, two families living independently of each other.
A building or portion thereof used exclusively for human
habitation, including single-family, two-family and multiple-family
dwellings, but not including hotels, motels or lodging houses.[9]
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:[10]
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.
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
The sum of the gross horizontal areas of the several floors
of a dwelling unit, exclusive of porches, balconies, garages, basements
and cellars, measured from the exterior faces of the exterior walls
or from the center lines of walls or portions separating dwelling
units. For uses other than residential, the floor area shall be measured
from the exterior faces of the exterior walls or from the center line
of walls or partitions separating such uses and shall include all
floors, lofts, balconies, mezzanines, cellars, basements and similar
areas devoted to such uses.[11]
All of the property abutting on one side of a street measured
along the street line.
A building or portion thereof primarily used for parking
or temporary storage of self-propelled vehicles.
A building other than a private or storage garage used for
the care, repair or storage of self-propelled vehicles or where such
vehicles are left for remuneration, hire or sale. This includes premises
commonly known as "gasoline stations" or "service stations."
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances and sale of motor vehicle accessories and which
may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such vehicles.[12]
Any business or profession carried on by a member of the
family residing on the premises, carried on wholly within the principal
building or attached accessory building. See § 510-12 for
home occupation requirements.
A building occupied as the more or less temporary abiding
place of individuals who are lodged, with or without meals, and in
which there are more than six sleeping rooms, usually occupied singly,
and no provision is made for cooking in the individual apartments.[13]
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 parcel of land having frontage on a public street, or other
officially approved access, 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, yard, parking area and other open space
provisions of this chapter.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
A corner lot, the street side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
A lot having a pair of opposite lot lines along two or more
parallel public 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 setback line.
A single tract of land located within a single block which,
at the time of filing for a building permit, is designated by its
owner or developer as a tract to be used, developed, or built upon
as a unit under single ownership or control.
A structure as defined under § 101.91(2), Wis. Stats.,
and includes the following:
A structure that is designed to be used as a dwelling, with
or without a permanent foundation, and that is certified by the Federal
Department of Housing and Urban Development as complying with the
standards established under 42 U.S.C. § 5401 et seq.[14]
A mobile home, unless a mobile home is specifically excluded
under the applicable statute.
A manufactured home is subject to local regulation pursuant
to § 66.0435, Wis. Stats.
A vehicle manufactured or assembled as defined under § 101.91(10),
Wis. Stats., which means a vehicle manufactured or assembled before
June 15, 1976, designed to be towed as a single unit or in sections
upon 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 the mobile home structure, its plumbing, heating, air
conditioning and electrical systems, and all appliances and all other
equipment carrying a manufacturer's warranty. A mobile home is
subject to local regulation pursuant to § 66.0435, Wis.
Stats.
A structure or component as defined under § 101.71(6),
Wis. Stats., which means any structure or component thereof which
is intended for use as a dwelling and:
Is of closed construction and fabricated or assembled on site
or off site in manufacturing facilities for installation, connection,
or assembly and installation at the building site; or
Is a building of open construction which is made or assembled
in manufacturing facilities away from the building site for installation,
connection, or assembly and installation on the building site and
for which certification is sought by the manufacturer.
"Modular home" does not mean any manufactured home under § 101.91,
Wis. Stats., or any building of open construction which is not subject
to Subsection A(2) above.
A series of attached, semiattached or detached sleeping units
for the accommodation of transient guests.[16]
Any passenger vehicle, truck, truck trailer, trailer or semitrailer
propelled or drawn by mechanical power.
Any building or structure which does not comply with all
of the regulations of this chapter or of any amendment hereto regulating
any building or structure for the zoning district in which such building
or structure is located.
Any use of land, buildings or structures which does not comply
with all of the regulations of this chapter or of any amendment hereto
governing use for the zoning district in which such use is located.[17]
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.[18]
An off-street space available for the parking of a motor
vehicle and which is exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations
and performance standards, if any, of such districts.
An open unoccupied space other than a street or alley, permanently
reserved as the principal means of access to abutting property.
The lines bounding a platted lot as defined herein.
Any sidewalk, street, alley, highway or other public thoroughfare.
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.[20]
An elementary, intermediate or secondary school other than
public giving regular instruction capable of meeting the requirements
of state compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds, but not including a school for mental or
educational disabled or a college or other institution of higher learning.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
be no floor above it, then the space between such floor and the ceiling
next above it. 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 living unit.
A public or private thoroughfare which affords the principal
means of access to abutting property.
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.
The use of property is the purpose or activity for which
the land or building thereon is designed, arranged or intended, or
for which it is occupied or maintained, and shall include any manner
of performance of such activity with respect to the performance standards
of this chapter.[22]
See "conditional use."
See "permitted use."
The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use may be "permitted" or
"conditional."[23]
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward, except for vegetation as
permitted. The front and rear yards extend the full width of the lot.
A side yard which adjoins a public street.
A yard extending along the full length of the front lot line
between the side lot lines.
A side yard which is located immediately adjacent to another
zoning lot or to an alley separating such yard from another zoning
lot.
A yard extending along the full length of the rear lot line
between the side lot lines.
A yard extending along a side lot line from the front yard
to the rear yard.
Yard abutting a street.[24]
An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of buildings
and premises are uniform.
[1]
Editor's Note: The original definitions of "advertising sign,
outdoor" and "advertising structure, outdoor," which immediately followed
this definition, were repealed at time of adoption of Code (see Ch.
1, General Provisions, Art. II). See now the definitions of "advertising
sign" and "advertising structure" in § 510-52.
