These regulations are 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 Brandon, Wisconsin."
The purpose of this chapter is to promote the health, safety, prosperity, aesthetics and general welfare of the Village of Brandon.
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;
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 Brandon;
Prohibit uses, buildings or structures incompatible with the character of development within specified zoning districts;
Provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
Prevent and control erosion, sedimentation and other pollution of the surface and subsurface waters;
Further the maintenance of safe and healthful water conditions;
Prevent flood damage to persons and property and minimize expenditures for flood relief and flood-control projects;
Provide for and protect a variety of suitable commercial and industrial sites;
Protect the traffic-carrying capacity on existing and proposed arterial streets and highways;
Implement those municipal, county, watershed and regional comprehensive plans or components of such plans adopted by the Village of Brandon;
Provide for the administration and enforcement of this chapter; and
Provide penalties for the violation of this chapter.
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 .
For the purposes of this chapter, the following definitions shall be used:
- ACCESSORY USE
- A use subordinate in nature, extent or purpose to the principal use of the building or lot.
- ACRE, NET
- The actual land devoted to the land use, excluding public streets, public lands, unusable lands, and school sites, contained within 43,560 square feet.
- 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 connecting arterial highways and thus intended to serve heavier volume and higher speed through traffic. Primary arterial streets typically interconnect state trunk highways whereas secondary arterial streets interconnect county trunk highways.
- That portion of a structure located partially below the adjoining lot grade and provided with two or more exits and sufficient windows to be naturally ventilated and illuminated, and thus considered as livable space.
- 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 of persons, animals or chattel.
- BUILDING, ALTERATION 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 AREA
- The total living space available for a designated use as found within the exterior walls of a building at the floor levels, or within the perimeter walls at the floor levels of an apartment in a multifamily structure, excluding unfinished basements and attics, breezeways, garages, porches, and common use space, such as stairs, elevators, corridors, and utility and laundry rooms.
- BUILDING, FRONT LINE OF
- A line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
- BUILDING, HEIGHT OF
- The vertical distance measured from the mean elevation of the finished grade at the street yard face of the structure to the top of the roof eave fascia or lowest level of roofing material, whichever is less restrictive.
- BUILDING, PRINCIPAL
- 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.
- The unfinished portion of a structure located mostly below grade without sufficient exits or natural lighting and ventilation to be considered as livable space.
- 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.
- COLLECTOR STREET
- A public street intended to collect residential and/or commercial/industrial traffic from minor streets and drives and to direct this traffic to an arterial system of roads and streets. Collector streets typically provide a continuous route for intermediate traffic volumes operating at moderate speeds.
- COMMUNITY LIVING ARRANGEMENT
- The following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats., a community living arrangement for adults, as defined in § 46.03(22), a community living arrangement for children, as defined in § 48.743(1), a foster home, as defined in § 48.02(6), or an adult family home, as defined in § 50.01(1), 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), 59.69(15) and 62.23(7)(i) and (7a), 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.
- A detached building designed and used exclusively as a single-family residence, or a single-family residence incorporated into a multifamily complex of dwelling units. "Dwelling" does not include a boardinghouse or lodging house; motels or hotels; cabins, tents, travel trailers, or recreational vehicles; or mobile homes not securely attached to a permanent foundation with wheels and axles removed and thus taxed as a single-family dwelling.
- 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, MULTIFAMILY
- 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, SINGLE-FAMILY
- A detached building designed, arranged or used for and occupied exclusively by one family, whether attached, detached or semiattached. "Single-family dwelling" shall include specially designed buildings covered by earth and manufactured homes.
- 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, windstorm, riots or invasions.
- 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: 1) the group shares the entire dwelling unit; 2) the group lives and cooks together as a single housekeeping unit; 3) the group shares expenses for food, rent, utilities or other household expenses; 4) the group is permanent and stable and not transient or temporary in nature; 5) any other factor reasonably related to whether the group is the functional equivalent of a family. This definition is not intended to prohibit group homes or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the State Department of Health Services or the State Department of Children and Families or other state department or agency.
- 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 total usable space available within the perimeter walls on all floors of a building, including interior corridors, stairs, elevators, passageways, and finished basements serving the primary function of the building. Unfinished basements and attics, unheated porches and breezeways, garages and maintenance shops are excluded from floor area determinations.
- FLOOR AREA RATIO (MULTIFAMILY DWELLINGS)
- The minimum area of a building lot expressed as a function of the floor area of the structure to be placed or erected thereon. For example, a building with floor area of 2,000 square feet placed on a twelve-thousand-square-foot lot computes as a floor area ratio of 6.0. With a required floor area ratio (FAR) of 5.0, the same two-thousand-square-foot building could be placed on a ten-thousand-square-foot lot.
- 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.
- 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 SERVICE 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 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.
- 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 thereon and meeting the standards of § 485-36.
- 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.
- HOUSE TRAILER
- A non-self-propelled vehicle containing living or sleeping accommodations which is designed and used for highway travel.
- HUD CODE
- Enacted in 1976 by the federal government to establish minimum construction and safety standards for factory-built dwellings, these standards are enforced by the Federal Department of Housing and Urban Development and thus referred to as the "HUD Code."
- An open space where waste, used or secondhand 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. "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, CORNER
- A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
- LOT COVERAGE (RESIDENTIAL)
- The area of a lot occupied by the principal building or buildings and accessory building.
- LOT COVERAGE (EXCEPT RESIDENTIAL)
- The area of a lot occupied by the principal building or buildings and accessory buildings, including any driveways, parking areas, loading areas, storage areas and walkways.
- LOT, INTERIOR
- A lot situated on a single street which is bounded by adjacent lots along each of its other lines.
- 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, SUBSTANDARD
- A parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking area or other open space provisions of this chapter as pertaining to the district wherein located.
- 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
- A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426 which, when placed on the site:
- A. Is set on an enclosed continuous foundation in accordance with Ch. SPS 321, 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;
- B. Is installed in accordance with the manufacturer's instructions;
- C. Is properly connected to utilities;
- D. Is a dwelling consisting of one or more post-1976, factory-built units in compliance with HUD Code standards and transported to the home site over the public roads and streets using removable tongues, wheels and axles, and/or dollies, and then assembled, placed and secured on a single-family lot in accordance with the manufacturer's recommendations and/or the pertinent provisions of the Village Building Code. (Manufactured homes typically have shingled roofs with three in 12 or steeper slopes, horizontal lap siding or vertical board and batten siding and a unit width of at least 14 feet; for the purpose of this chapter, a manufactured home placed in a mobile home park shall be deemed a mobile home); and
- E. Meets other applicable standards of this chapter.
- MINOR STREET
- A public right-of-way, not less than 50 feet wide, providing direct access to abutting property and serving low volumes of low-speed traffic.
- MOBILE HOME
- A pre-1976, factory-built, single-unit dwelling transported to the building site over public roads and streets using attached tongue, wheels and axles or dollies and then placed and secured on a single-family lot or in a mobile home park in accordance with the manufacturer's recommendations and/or pertinent provisions of the Village Building Code. (Pre-1976 mobile homes do not necessarily comply with the HUD Code and typically have relatively flat roofs, embossed sheet metal siding and a width of 16 feet or less.) Excluded from this definition is every manufactured home as defined above.
- 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 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 use, 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 § 485-36 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 disabled persons 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 is 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 ALTERATION
- 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 a location on the ground.
- TRAVEL HOME
- A vehicle designed to be towed or self-propelled over the public roads and streets and constructed in a manner to provide living space and thus serve as a temporary residence or sleeping place for one to six persons.
- The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained, which shall include any manner of performance of such activity with respect to the performance standards of this chapter.
- USE, CONDITIONAL
- See definition for "conditional use."
- USE, PERMITTED
- A use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
- USE, PRINCIPAL
- 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 across the width of the lot with minimum depth as specified and measured as a horizontal distance between the front or street property line and a line parallel thereto through the nearest point of the principal structure. Street/front yards shall be maintained free of structures, obstacles, sight obstructions and related man-made facilities other than the overnight parking of motor vehicles in defined driveways.
- 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
- A yard abutting a street. (See "yard, front.")
- YARD, STREET SIDE
- A second yard on the side of a corner lot abutting two or more streets at their intersection. Street side yards have widths equal to or greater than ordinary side yards to assure safe sight distances for intersecting traffic flows.
- 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.