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:
Regulate and restrict the use of all structures, lands and waters;
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;
Secure safety from fire, flooding, panic and other dangers;
Provide adequate light, air, sanitation and drainage;
Prevent overcrowding; avoid undue population concentration;
Facilitate the adequate provision of public facilities and utilities;
Stabilize and protect property values;
Further the appropriate use of land and conservation of natural resources;
Preserve and promote the beauty of the Village of Clyman;
Implement the Village Comprehensive Plan or plan components;
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.
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:
- ACCESSORY BUILDING
- 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.
- ACCESSORY USE
- A use subordinate in nature, extent or purpose to the principal use of the building or lot.
- ADVERTISING SIGN, OUTDOOR
- 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.
- ADVERTISING STRUCTURE, OUTDOOR
- 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.
- APARTMENT HOUSE
- See "dwelling, multiple."
- ARTERIAL STREET
- 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.
- BASEMENT or CELLAR
- 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.
- BUILDING, ALTERATIONS OF
- 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.
- BUILDING, HEIGHT OF
- 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.
- BUILDING, PRINCIPAL
- A building in which is conducted the main use of the lot on which said building is located.
- BUILDING, FRONT LINE OF
- 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.
- COMMUNITY LIVING ARRANGEMENT
- 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.
- CONDITIONAL USE
- 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.
- CONFORMING USE
- 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.
- CURB BREAK
- 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.
- CURB LEVEL
- The level of the established curb in the front of the building measured at the center of such front.
- DAY-CARE CENTER
- 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.
- DWELLING GROUP
- 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.
- DWELLING UNIT
- 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.
- DWELLING, MULTIPLE
- 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.
- DWELLING, ONE-FAMILY
- 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.
- DWELLING, TWO-FAMILY
- A building designed, arranged or used for, or occupied exclusively by, two families living independently of each other.
- EMERGENCY SHELTERS
- 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.
- FARM LAND
- Consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
- FLOOR AREA
- 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.
- FOSTER FAMILY HOME
- 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
- GARAGE, PUBLIC
- 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."
- GASOLINE STATION
- 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.
- GROUP FOSTER HOME
- 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.
- HOME OCCUPATION
- 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.
- HOUSE TRAILER
- 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.
- LOADING AREA
- 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.
- LOT LINES AND AREA
- The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
- LOT, REVERSED CORNER
- 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.
- LOT, THROUGH
- 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.
- LOT WIDTH
- The width of a parcel of land measured at the rear of the specified street yard
- LOT, ZONING
- 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.
- MANUFACTURED HOME
- 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.
- A. 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;
- B. 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;
- C. Is installed in accordance with the manufacturer's instructions, provided that more restrictive requirements herein shall prevail;
- D. Is properly connected to utilities; the use of a private well or private septic or sewage system is prohibited; and
- E. Has a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village.
- MARQUEE or CANOPY
- A roof-like structure of permanent nature which projects from the wall of a building.
- MOBILE HOME
- See "manufactured home."
- MODULAR 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.
- MOTOR FREIGHT TERMINAL
- 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.
- MOTOR VEHICLE
- Any passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
- NONCONFORMING BUILDING OR STRUCTURE
- 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.
- NONCONFORMING USE
- 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.
- NURSERY SCHOOL
- 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.
- NURSING HOME
- 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.
- PARKING AREA, SEMIPUBLIC
- 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.
- PARKING SPACE
- 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.
- PLANNED RESIDENTIAL DEVELOPMENT
- 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.
- PROFESSIONAL HOME OFFICES
- 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.
- PROPERTY, LINES
- The lines bounding a platted lot as defined herein.
- PUBLIC WAY
- Any sidewalk, street, alley, highway or other public thoroughfare.
- RAILROAD RIGHT-OF-WAY
- 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.
- SCHOOL, COMMERCIAL
- A school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
- SCHOOL, PRIVATE
- 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.
- STORY, HALF
- 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.
- STRUCTURAL ALTERATIONS
- 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.
- STRUCTURE (PRINCIPAL)
- 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.
- STRUCTURE (TEMPORARY)
- A movable structure.
- TRAILER PARK
- 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.
- USE, CONDITIONAL
- See definition of "conditional use" above.
- USE, PERMITTED
- 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.
- USE, PRINCIPLE
- The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.
- VENDING MACHINE
- 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.
- YARD, CORNER SIDE
- A side yard which adjoins a public street.
- YARD, FRONT
- A yard extending along the full length of the front lot line between the side lot lines.
- YARD, INTERIOR SIDE
- A side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.
- YARD, REAR
- A yard extending along the full length of the rear lot line between the side lot lines.
- YARD, SIDE
- A yard extending along a side lot line from the front yard to the rear yard.
- YARD, STREET
- Yard abutting a street.
- YARD, TRANSITIONAL
- 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.
- ZONING 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.