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:
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;
F.
Avoid undue population concentration;
G.
Facilitate the adequate provision of public facilities and utilities;
H.
Stabilize and protect property values;
I.
Further the appropriate use of land and conservation of natural resources;
J.
Preserve and promote the beauty of the Village of Brandon;
K.
Prohibit uses, buildings or structures incompatible with the character
of development within specified zoning districts;
L.
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;
M.
Prevent and control erosion, sedimentation and other pollution of
the surface and subsurface waters;
N.
Further the maintenance of safe and healthful water conditions;
O.
Prevent flood damage to persons and property and minimize expenditures
for flood relief and flood-control projects;
P.
Provide for and protect a variety of suitable commercial and industrial
sites;
Q.
Protect the traffic-carrying capacity on existing and proposed arterial
streets and highways;
R.
Implement those municipal, county, watershed and regional comprehensive
plans or components of such plans adopted by the Village of Brandon;
S.
Provide for the administration and enforcement of this chapter; and
T.
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.
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 [].
For the purposes of this chapter, the following definitions
shall be used:
As defined in § 485-74B(1).
[Amended 9-13-2004]
A use subordinate in nature, extent or purpose to the principal
use of the building or lot.
The actual land devoted to the land use, excluding public
streets, public lands, unusable lands, and school sites, contained
within 43,560 square feet.[1]
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 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.
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 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.
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
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.
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, private."[2]
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.
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.
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.[3]
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 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.
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 or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums.[4]
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.[5]
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,
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.[6]
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 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.
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.[7]
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.
As defined in § 485-74B(2).
[Amended 9-13-2004]
As defined in § 485-74B(3).
[Amended 9-13-2004]
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.[8]
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 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.
A non-self-propelled vehicle containing living or sleeping
accommodations which is designed and used for highway travel.
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.
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.
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.
The area of a lot occupied by the principal building or buildings
and accessory building.
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.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines.
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 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.
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.
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426 which, when placed
on the site:[10]
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;
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities;
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
Meets other applicable standards of this chapter.
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.
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.
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 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 use, 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.[11]
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 § 485-36 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 disabled persons
or a college or other institution of higher learning.[12]
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.
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
a location on the ground.
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.[14]
See definition for "conditional use."
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.
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.[15]
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 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.
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.
A yard abutting a street. (See "yard, front.")
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.
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.
