These regulations are adopted under the authority granted by
Chs. 61, 62 and 87, Wis. Stats., and such other statutes as may be
applicable under the circumstances.
This chapter shall be known as, referred to or cited as the
"Zoning Code, Village of Clyman, Wisconsin."
The purpose of this chapter is to promote the health, safety,
prosperity, aesthetics and general welfare of the Village of Clyman.
It is the general intent of this chapter to:
A.
Regulate and restrict the use of all structures, lands and waters;
B.
Regulate and restrict 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; 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 of Clyman;
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.
A.
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.
B.
Uses allowed in commercial and industrial districts may be cross-referenced
with the Standard Industrial Classification. The SIC number is shown
in [ ].
This chapter shall be originally effective after a public hearing,
adoption by the Village Board and publication or posting as provided
by law.
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, not
including a garage as defined herein.
A use subordinate in nature, extent or purpose to the principal
use of the building or lot.
A structural poster panel or painted sign, either freestanding
or attached to the outside of a building, for the purpose of conveying
information, knowledge or ideas to the public about a subject either
related or unrelated to the premises upon which located.
Anything constructed or erected, either freestanding or attached
to the outside of a building, for the purpose of conveying information,
knowledge or ideas to the public about a subject either related or
unrelated to the premises upon which located.
A way which affords only a secondary means of access to abutting
property and which is not more than 24 feet wide.
A portion of a residential or commercial building used as
a separate housing unit.
See "dwelling, multiple."
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 or wholly underground but having at least
1/2 of its height, or more than five feet, below the mean level of
the adjoining ground.
A building other than a hotel where meals or lodging and
meals are served for compensation for not more than six persons
A structure having a roof and intended for the shelter, housing
or enclosure for persons, animals or chattel.
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.
The vertical distance from the mean elevation of finished
grade along the front of the building to the highest point of a flat
roof, or to the deck line 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.
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
Includes the commercial, limited industrial and general industrial
uses and districts as herein defined.
See "garage."
A building used by a group of doctors 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.
The following facilities licensed or operated, or permitted
under the authority of Wisconsin Statutes: child welfare agencies
under § 48.60, Wis. Stats., group foster homes for children
under § 48.02(6), Wis. Stats., and community-based residential
facilities under § 50.01, Wis. Stats.; but does not include
nursing homes, general hospitals, special hospitals, prisons and jails.
The establishment of a community living arrangement shall be in conformity
with applicable sections of the Wisconsin Statutes, including §§ 46.03(22),
62.23(7)(i), and 48.743(1) and amendments thereto, and also the Wisconsin
Administrative Code.
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.
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.
Any interruption or break in the line of a street curb in
order to connect a driveway to a street or otherwise to provide vehicular
access to abutting property.
The level of the established curb in the front of the building
measured at the center of such front.
A place or home which provides care for four or more children
under the age of seven years for less than 24 hours a day and is licensed
as provided for in § 48.65, Wis. Stats.
A group of two or more multifamily dwellings occupying a
lot in one ownership with any two or more dwellings having any yard
or court in common.
A building or portion thereof used exclusively for human
habitation, including single-family, two-family and multifamily dwellings,
but not including hotels, motels or lodging houses.
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.
A detached building designed for occupancy by not more than
one family. For purposes of this chapter, manufactured homes meeting
the requirements of this chapter shall be considered to be single-family
dwellings. All single-family dwellings shall have pitched roofs, overhanging
eaves of at least six inches, and wood, brick, masonry, vinyl or aluminum
siding.
A building designed, arranged or used for, or occupied exclusively
by, two families living independently of each other.
Public or private enclosures designed to protect people from
aerial, radiological, biological or chemical warfare; fire; flood;
wind storm; riots; or invasions.
One or more persons immediately related by blood, marriage,
adoption or guardianship and living as a single housekeeping unit
in one dwelling unit shall constitute a family. A family may include
in addition thereto two but not more than two persons not related
by blood, marriage, adoption or guardianship. A person shall be considered
to be related for the purpose of this section if he is dwelling for
the purpose of adoption or for a foster care program.
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.
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
All of the property abutting on one side of a street measured
along the street line.
A building or portion thereof used exclusively 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; 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.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
Any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building thereto and meeting the standards of § 440-35.
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 made for cooking in the individual apartments.
A non-self-propelled vehicle, containing living or sleeping
accommodations which is designed and used for highway travel.
An open space where waste, used or second-hand materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handled, including, but not limited to, scrap iron and other metals,
paper, rags, rubber, tires and bottles. A "junkyard" also includes
an auto wrecking yard, but does not include uses established entirely
within enclosed buildings.
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, 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 rear of the
specified street yard
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.
Has the meaning set forth in § 101.91(2), Wis.
Stats., and includes "mobile homes" as defined in § 101.91(10),
Wis. Stats. For the purpose of this chapter, it does not include mobile
recreational vehicles or travel trailers.
Is set on a comparable enclosed foundation system approved by
the Village Board, upon the recommendation of the Building Inspector
and/or Village Engineer; the Village Board may require a plan to be
certified by a registered architect or engineer to ensure proper support
for the home;
Has an area of at least 960 square feet of living space, with
a minimum of 24 feet in width, and is used exclusively as a single-family
residence;
Is installed in accordance with the manufacturer's instructions,
provided that more restrictive requirements herein shall prevail;
Is properly connected to utilities; the use of a private well
or private septic or sewage system is prohibited; and
Has a pitched roof, overhanging eaves and such other design
features required of all new single-family dwellings located within
the Village.
A roof-like structure of permanent nature which projects
from the wall of a building.
See "manufactured home."
A structure which is partially preassembled at a manufacturing
plant and placed on a lot or parcel as a dwelling unit or units. Also
called "prefabricated" or "precut" homes or "double-wide" units. For
purposes of this chapter, the term "manufactured home" shall generally
be used to describe this type of structure. It shall be further distinguished
from the term manufactured home (see definition of "manufactured home").
A series of attached, semiattached or detached sleeping units
for the accommodation of transient guests.
A building or area in which freight brought by motor truck
is assembled and/or stored for routing in intrastate and interstate
shipment by motor truck.
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 the use for the zoning district in which such use is located.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
Any building used routinely for the daytime care and education
of preschool age children and including all accessory buildings and
play areas other than the child's own home or the homes of relatives
or guardians.
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.
An open area other than a street, alley or place used for
temporary parking of more than four self-propelled vehicles and available
for public uses, whether free, for compensation, or as an accommodation
for clients or customers.
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.
An open unoccupied space other than a street or alley, permanently
reserved as the principal means of access to abutting property.
A tract of land which contains or will contain two or more
principal buildings, developed under single ownership or control,
the development of which is unique and of a substantially different
character than that of surrounding areas.
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed the standards in § 440-35 and only one nonresident person is employed.
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.
A school limited to special instruction such as business,
art, music, trades, handicraft, dancing or riding.
An elementary or intermediate school other than a parochial
school 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 the mentally
challenged or a college or other institution of higher learning.
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 is visible from any public street or highway.
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 story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
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.
Anything constructed or erected, the use of which requires
location on the ground or that it be attached to something having
location on the ground.
Any man-made object within form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
A structure used or intended to be used for the principal
use as permitted on such lot by the regulations of the district in
which it is located.
A movable structure.
Any lot on which are parked two or more house trailers or
mobile homes for longer than 48 hours.
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 standards of this chapter.
See definition of "conditional use" above.
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.
The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use may be permitted or
conditional.
A retail business device, electrically or manually operated,
used by the general public to obtain dairy products, cigarettes, foodstuffs
or other merchandise without entering a public shop, store, market
or other such building.
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.
That yard which must be provided on a zoning lot in a business
district which adjoins a zoning lot in a residential district, or
that yard which must be provided on a zoning lot in an industrial
district which adjoins a zoning lot in either a residential or business
district.
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.
