These regulations are adopted under the authority granted by
§§ 60.61, 60.62 and 62.23(7), Wis. Stats..
This chapter shall be known as, referred to or cited as the
"Zoning Code, Town of Vinland, Winnebago County, Wisconsin."
The purpose of this chapter is to promote the health, safety,
prosperity, aesthetics and general welfare of the Town of Vinland.
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, 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 Town of Vinland;
J.
Implement the Town Comprehensive Plan or plan components;
K.
Provide for the administration and enforcement of this chapter and
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 the 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 Town 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 originally became effective as of 12:01 a.m. on
the day after the last to occur of: enactment by the Town Board of
the Town of Vinland; approval by the County Board of Winnebago County;
referendum approval by the electors of the Town of Vinland, pursuant
to §§ 61.35 and 62.23(7), Wis. Stats., of the exercise
of Town zoning; and publication (February 7, 1980).
A.
General terms. For the purposes of this chapter, certain words and
terms are defined as follows: Words used in the present tense include
the future; the singular number includes the plural number and the
plural number includes the singular number; the word "building" includes
the word "structure"; the word "shall" is mandatory and not directory.
B.
ACCESSORY BUILDING
ACCESSORY USE
ADVERTISING SIGN, OUTDOOR
ADVERTISING STRUCTURE, OUTDOOR
AIRPORT, PUBLIC
ALLEY
APARTMENT
APARTMENT HOUSE
ARTERIAL STREET
AUTOMOBILE WRECKING YARD
BASEMENT OR CELLAR
BOARDINGHOUSE
BOATHOUSE
BUILDING, ALTERATIONS OF
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
BULKHEAD LINE
BUSINESS
CARPORT
CENTER LINE
CHANNEL
CLINIC
CLUB
COMMUNITY LIVING ARRANGEMENT
CONDITIONAL USE
COURT
CURB BREAK
CURB LEVEL
DAY-CARE CENTER
DWELLING GROUP
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EMERGENCY SHELTERS
FAMILY
FARM
FLOOR AREA
FOSTER FAMILY HOME
FRONTAGE
GARAGE
GARAGE, PUBLIC
GARAGE, STORAGE
GASOLINE STATION
GROUP FOSTER HOME
HOME OCCUPATION
HOTEL
HOUSE TRAILER
JUNKYARD
LOADING AREA
LOT
LOT CORNER
(1)
(2)
(3)
(4)
LOT DEPTH
LOT INTERIOR
LOT LINES AND AREA
LOT, REVERSED CORNER
LOT, THROUGH
LOT WIDTH
LOT, ZONING
MARQUEE or CANOPY
MANUFACTURED DWELLING
MANUFACTURED HOME
(1)
(2)
(3)
(4)
MOBILE HOME
MOBILE HOME PARK
MOTEL
MOTOR FREIGHT TERMINAL
MOTOR VEHICLE
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING USE
NUISANCE
NURSERY
NURSERY SCHOOL
NURSING HOME
OVERLAY ZONE
PARKING AREA, SEMIPUBLIC
PARKING SPACE
PIERHEAD LINE
PLACE
PLANNED RESIDENTIAL DEVELOPMENT
PROFESSIONAL HOME OFFICE
PROPERTY LINES
PUBLIC WAY
RAILROAD RIGHT-OF-WAY
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
RETENTION BASIN
ROADSIDE STAND
SANITARY SEWER
SCHOOL, COMMERCIAL
SCHOOL, PRIVATE
SETBACK
SIGN
STABLE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
TEMPORARY STRUCTURE
TRAFFIC LANE
TRAILER PARK
UNDERLYING DISTRICT
USE
USE, CONDITIONAL
USE, PERMITTED
USE, PRINCIPAL
VENDING MACHINE
YARD
YARD, CORNER SIDE
YARD, FRONT
YARD, INTERIOR SIDE
YARD, REAR
YARD, SIDE
YARD, STREET
YARD, TRANSITIONAL
ZONING DISTRICT
Definitions. For the purpose 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.[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.
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.
Any airport which complies with the definition contained
in § 114.002(7), Wis. Stats.; any airport which serves or
offers to serve common carriers engaged in air transport.[2]
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.
Any properly zoned premises on which any inoperable or unlicensed
automotive vehicles are stored in the open.
A story partly underground but having at least 1/2 of its
height or more than five feet below the level of the adjoining ground.
See Chs. SPS 320, 321 and 322, Wis. Adm. Code.
A building other than a hotel where meals or lodging and
meals are served for compensation for not more than six persons.
Any structure designed for the purpose of protecting or storing
boats for noncommercial purposes. Boathouses shall not be used for
human habitation.
Any change or rearrangement of the supporting members, such
as bearing walls, beams, columns or girders of a building, an addition
to a building or movement of a building from one location to another.
A line parallel to the street intersection; the foremost
point of the building, excluding uncovered steps.
The vertical distance from the mean elevation of a finished
grade along the front of the building to the highest point of a flat
roof or to the deckline of a mansard roof or to the mean height between
eaves and ridge for gable, hip or gambrel roofs.
A building in which is conducted the main use of the lot
on which said building is located.
A boundary line established along any section of the shore
of any navigable waters by a municipal ordinance approved by the State
Department of Natural Resources, pursuant to § 30.11, Wis.
Stats. Filling and development is only permitted to the landward side
of such bulkhead line.
Includes the commercial, limited industrial and general industrial
uses and districts as herein defined.
See "garage."
A line connecting points on highways, from which setback
lines shall be measured at any point on the highway.
A natural or artificial watercourse of perceptible extent
with definite bed and banks to confine and conduct continuously or
periodically flowing water. Channel flow thus is that water which
is flowing within the limits of the defined channel.
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 the Wisconsin Statutes: Child welfare agencies
under § 48.60, Wis. Stats.; group homes under § 48.02(7),
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 62.23(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 Town Board under conditions
specified in this chapter.[4]
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 or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums.
A detached building designed, arranged or used for and occupied
exclusively by one family, whether attached, detached or semiattached.
Shall include specially designed buildings covered by earth and manufactured
homes.
A building designed, arranged or used for, or occupied exclusively
by, two families living independently of each other.
A building or portion thereof used exclusively for human
habitation, including single-family, two-family and multifamily dwellings,
but not including hotels, motels or lodging houses.
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 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.
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale or are rented to others for such purposes or are enrolled
in federal or state conservancy or set-aside programs. Does not apply
to Farmland Preservation District.
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.
An accessory 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 building or premises used for the storage only of motor-driven
vehicles or motor-driven machinery, pursuant to previous arrangements
and not to transients, and where no equipment, parts, fuel, grease
or oil is sold.
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 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 § 410-46.
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 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. 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.
A lot located:
At the junction of and abutting two or more intersecting streets;
or
At the junction of and abutting a street and the nearest shoreline
or high-water line of a stormwater or floodwater runoff channel or
basin; or
At the junction of and abutting two or more stormwater or floodwater
runoff channels or basins; or
At and abutting the point of abrupt change of a single street
where the interior angle is less than 135° and the radius of the
street is less than 100 feet.
The average distance from the front to the rear lot lines
measured in the general direction of the side lot lines.
A lot other than a corner lot.
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 distance between sidelines of the lot at the building
line. In the case of a shoreland lot, the lot width is the width of
the lot 75 feet from the waterline.
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 roof-like structure of permanent nature which projects
from the wall of the building.
A dwelling structure or component thereof, as is defined
in the Wisconsin Administrative Code One- and Two-Family Uniform Dwelling
Code, § SPS 320.07(52m), which bears the Wisconsin Department
of Safety and Professional Services insignia certifying that it has
been inspected and found to be in compliance with Subchapter V of
said Uniform Dwelling Code.[5]
A dwelling structure or component thereof fabricated in an
off-site manufacturing facility for installation or assembly at the
building site, which is certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 through 5426, which, when placed
on the site:
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; and
Meets other applicable standards of this chapter.
A transportable factory-built structure designed for long-term
occupancy built prior to enactment of the Federal Manufactured Housing
Construction and Safety Standards Act of 1974, which became effective
June 15, 1976, and which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway and designed,
equipped and used primarily for sleeping, eating and living quarters
or is intended to be so used, including any additions, attachments,
annexes, foundations and appurtenances. In the purpose of this section,
a mobile home shall remain classified as a mobile home regardless
of whether or not its wheels or other rolling devices have been removed
and even though assessable value of additions, attachments, annexes,
foundations and appurtenances or other added investments to the mobile
home equal or exceed 50% of the assessable value of the mobile home.
Excluded from this definition are "manufactured homes" as defined
above.
Any plot or tract of ground upon which two or more mobile
homes, occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodations.
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 lawfully erected at the time of
the enactment of this chapter 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.[6]
Any use of land, buildings or structures lawfully in use
at the time of the enactment of this chapter 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.[7]
An injurious effect on the safety, health or morals of the
public or use of property which works some substantial annoyance,
inconvenience or injury to the public and which causes hurt, inconvenience
or damage.
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.
Zoning requirements that are described in the ordinance text,
mapped, and imposed in addition to those of the underlying district.
Developments within the overlay zone must conform to the requirements
of both zones or the more restrictive of the two.
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.
A boundary line established along any section of the shore
of any navigable waters by a municipal ordinance approved by the State
Department of Natural Resources pursuant to § 30.13, Wis.
Stats. Piers and wharves are only permitted to the landward side of
such pierhead line unless a permit has been obtained pursuant to § 30.12(3),
Wis. Stats.[8]
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.
The office of a doctor, practitioner, clergy, dentist, architect, landscape architect, professional engineer, lawyer, author, musician, beauty parlor or barbershop or other recognized profession meeting the standards in § 410-46. When established in a commercial district, a beauty parlor shall be limited to three licensed operators working at any one time and a barbershop to two licensed barbers operating in not to exceed two barber chairs at any one time; and provided, further, that a beauty parlor or barbershop shall not occupy over 500 square feet of floor area, including lavatories and waiting room and only one unlighted nameplate, not exceeding four square feet in area, containing the name and profession of the occupant of the premises shall be exhibited.
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.
Any of the following, whether it is dependent (requires camp
facilities for toilet and lavatory) or self-contained (can operate
independent of connections to sewer, water and electrical systems).
CAMPING TRAILERA canvas or folding structure mounted on wheels and designed for travel, recreation and vacation use.
MOTOR HOMEA portable temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and permanently identified as a travel trailer by the manufacturer of the trailer.
TENTA portable lodge of canvas or strong cloth, stretched and sustained by poles.
UNCLASSIFIED USESAny similar vehicle, unit, etc., which is less than 45 feet in length.
A pond-type facility which provides for storage of stormwater
runoff and controlled release of this runoff during and after a flood
or storm.
A structure not permanently fixed to the ground that is readily
removable in its entirety, covered or uncovered and not wholly enclosed,
and used solely for the sale of farm products produced on the premises.
No such roadside stand shall be more than 50 square feet in ground
area, and there shall not be more than one roadside stand on any one
premises.
A constructed conduit for the collection and carrying of
liquid and solid sewage wastes from two or more premises, other than
stormwater, to a sewage treatment plant and which is approved by the
Wisconsin Department of Natural Resources.
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 mentally disabled
persons or a college or other institution of higher learning.
Lines established along highways at specified distances from
the center line, which permitted buildings or structures shall be
set back of or outside of and within which they may not be placed
except as hereinafter provided. "Within the setback lines" means between
the setback line and the highway.
The same meaning as "garage," one draft animal being considered
the equivalent of one self-propelled vehicle.
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.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the bearing walls, columns, beams, girders
or supporting members of a structure; any change or rearrangement
in the floor area of a building; any enlargement of a structure whether
by extending horizontally or by increasing in height; and/or any movement
of a structure from one location or position to another.
Anything constructed or erected, the use of which requires
a more or less permanent location on or in the ground. Includes but
is not limited to objects such as buildings, factories, sheds, cabins,
wells, septic tanks and disposal fields.
A structure which is built of such materials and in such
a way that it would commonly be expected to have a relatively short
useful life, or is built for a purpose that would commonly be expected
to be relatively short-term and not to be habitable.
A strip of roadway intended to accommodate a single lane
of moving vehicles.
Any lot on which are parked two or more house trailers or
mobile homes for longer than 48 hours.
The zoning district assigned to the land upon which an overlay
zone or district is added.
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.[10]
See definition of "conditional use" above in this section.
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.
