For the purposes of this chapter, the following
definitions shall be used, unless a different definition is specifically
provided for a section. 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 "shall" is mandatory
and not permissive.
Having a common property line or district line.
One which:
Is customary and clearly incidental to the principal
building or principal use;
Serves exclusively the principal building or
principal use;
Is subordinate in area, extent or purpose to
the principal building or principal use;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use served; and
Is located on the same zoning lot as the principal
use served, with the exception of such accessory off-street parking
facilities as are permitted to locate elsewhere than on the same zoning
lot as the building or use served.
An accessory building or use may include, but
is not limited to, the following:
A children's playhouse, garden house or private
greenhouse;
A garage, carport, shed or building for storage
incidental to a permitted use;
Incinerators incidental to a permitted use;
Storage of goods used in or produced by permitted
manufacturing activities on the same zoning lot with such activities,
unless such storage is excluded by the district regulations;
The production, processing, cleaning, servicing,
testing, repair or storage of merchandise normally incidental to a
permitted retail service or business use if conducted by the same
ownership as the principal use;
Off-street motor vehicle parking areas and loading
facilities;
Signs, as permitted and regulated in each district
incorporated in this chapter; and
Earth station dish antennas which are ground-mounted
or building-mounted.
Any detached garage, storage building, mechanical building,
utility shed, or other building which serves the principal nonresidential
use or building in the same lot, with such a principal nonresidential
use including an approved commercial business or industry. Also includes
an accessory structure serving a caretaker’s residence, commercial
apartment, boardinghouse, or bed-and-breakfast establishment. Does
not include fences, public utility fixtures and their appurtenances,
driveways, gardens, garden accessories, fountains, outdoor wood furnaces,
satellite dishes, flagpoles, walkways, at-grade patios, or uses otherwise
described under the “accessory farm and forestry structure”
land use category. Attached garages, other attached buildings, and
decks shall be considered part of the principal residential building
not an accessory nonresidential structure.
[Added 11-15-2006 by Ord. No. 06-10]
Any detached private residential garage, carport, or utility
shed which primarily accommodates the sheltered parking of a vehicle,
the storage of residential maintenance equipment to service the same
lot or a contiguous lot, or a detached shelter such as a gazebo. Also
includes swimming pools, wind and solar energy systems for on-site
residential use, and private kennels for two or fewer domestic animals.
Does not include fences, public utility fixtures and their appurtenances,
driveways, gardens, garden accessories, children’s playhouses,
fountains, sun dials, flagpoles, walkways, at-grade patios, play equipment,
treehouses, basketball courts, tennis courts, pet houses or private
kennels for three or more domestic animals, whirlpools, and saunas.
Attached garages, attached carports, and decks shall be considered
part of the principal residential building, not an accessory residential
structure.
[Added 11-15-2006 by Ord. No. 06-10]
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, and school sites contained
within 43,560 square feet.
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
[Amended 7-1-2003 by Ord. No. 03-04]
All operations pertaining to the retail sale, handling, processing,
transport, packaging, storage, or disposal of agricultural equipment,
products, by-products, or materials primarily used by agricultural
operations. Examples of such land uses include agricultural implement
sales, storage, service, or repair operations; sales, service and
repair of lawn and garden equipment; sales and service of wind energy
conversion system equipment; feed, seed, and fertilizer stores; agricultural
chemicals dealers and/or storage facilities; animal feed storage facilities;
sales, processing, and preserving of natural or agricultural products,
such as fruits and vegetables (but not including a supermarket or
similar establishment); commercial dairies; food processing facilities;
licensed farm auction operations; canning and other packaging facilities;
greenhouses and garden centers; orchard stores; and agricultural waste
disposal facilities. Also includes farms open to the public for demonstrations,
tours, hayrides, farm breakfasts, and other similar events. Does not
include livestock and farm commodity trucking services.
[Added 11-15-2006 by Ord. No. 06-10]
Operations conducted as a principal use of a parcel in which agricultural commodities and livestock are used for either hobby or recreational purposes and to supplement household food supply. Does not include any use where the raising of farm products and/or farm animals [as defined in § 305-120B(1)] results in $1,000 or more in annual sales of such products and/or animals.
[Added 11-15-2006 by Ord. No. 06-10]
A public way not more than 21 feet wide which affords only
a secondary means of access to abutting property.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. Arterial streets shall
include freeways and expressways as well as arterial streets, highways
and parkways.
A building or portion thereof containing facilities for washing
automobiles using production-line methods with a chain, conveyor,
blower, steam-cleaning device or other mechanical devices or any premises
with a capacity of washing 20 or more vehicles per eight-hour day.
A retractable, roof-like cover, temporary in nature, which
projects from the wall of a building.
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-round
living accommodations.
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental
and in which the only meal served to guests is breakfast.
[Amended 7-1-2003 by Ord. No. 03-04]
Practical and economically achievable practices for managing
mature woodlands and/or minimizing erosion and stormwater runoff,
as defined in this section. Forestry best management practices are
included in the document called the Wisconsin Forestry Best Management
Practices for Water Quality Field Manual. Development site best management
practices are included in the Wisconsin Department of Natural Resources
Wisconsin Stormwater Manual. Development site erosion control best
management practices are included in the Wisconsin Department of Natural
Resources Construction Site Best Management Practice Handbook.
[Added 11-15-2006 by Ord. No. 06-10]
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, bulkhead
lines or shorelines of waterways. A block may be located in part beyond
the boundary lines of corporate limits of the Village.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for three or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
The portion of a lot remaining after required yards have
been provided.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
which is permanently affixed to the land. When any portion thereof
is completely separated from every other portion by masonry or fire
wall without any window, which wall extends from the ground to the
roof, then such portion shall be deemed to be a separate building.
A building separated on all sides from the adjacent open
space or from other buildings or structures by a permanent roof and
by exterior walls or party walls, pierced only by windows and normal
entrance or exit doors.
The proportion of the lot area, expressed as a percent, that
is covered by the maximum horizontal cross section of a building or
buildings.
A building surrounded by open space on the same lot.
A vertical distance from the curb level or the approved ground
level opposite the center of the front of a building to the highest
point of the roof in the case of a flat roof, to the deckline of a
mansard roof, and to the mean height level between eaves and ridges
of a gable, hip or gambrel roof.
A building in which the principal use of the lot on which
it is located is conducted.
A line parallel to the front lot line at a distance regulated
by the yard requirements set up in this chapter, or within the extraterritorial
zoning jurisdiction at a distance from the front lot line where the
lot width first meets the minimum lot width standard for the zoning
district, whichever is greater.
[Amended 11-15-2006 by Ord. No. 06-10]
The term used to indicate the size and setbacks of buildings
or structures and the location of such buildings or structures with
respect to one another and includes the following:
Size and height of buildings;
Location of exterior walls at all levels in
relation to lot lines, streets or other buildings;
Gross floor area of buildings in relation to
lot area (floor area ratio);
All open spaces allocated to buildings; and
Amount of lot area provided per dwelling unit
or lodging room.
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.
Developed campground or camping resort or a primitive campground.
Any portable device, not more than 400 square feet in area,
used as a temporary dwelling, including but not limited to a camping
trailer, motor home, recreational vehicle, or tent. Does not include
the storage of such camping unit on a lot as an accessory use during
periods when it is not occupied. For example, an unoccupied recreational
vehicle parked in the driveway of a house is not regulated by this
subsection.
[Added 11-15-2006 by Ord. No. 06-10]
Any dwelling unit which provides permanent housing for a
caretaker of the subject property and his/her family in either an
attached or detached configuration.
[Added 11-15-2006 by Ord. No. 06-10]
The certificate issued by the Historic Preservation Commission
approving alteration, rehabilitation, construction, reconstruction
or demolition of an historic structure or historic site or any improvement
in an historic district.
[Amended 7-1-2003 by Ord. No. 03-04]
Those floodlands normally occupied by a stream of water under
average annual high-water flow conditions while confined within generally
well-established banks.
A building in which a group of physicians, dentists or physicians
and dentists and allied professional assistants are associated for
the purpose of carrying on their professions. The clinic may include
an accessory dental or medical laboratory. It shall not include inpatient
care or operating rooms for major surgery.
A nonprofit association of persons who are bona fide members
paying annual dues which owns, hires or leases a building or portion
thereof, the use of such premises being restricted to members and
their guests. The affairs and management of such private club or lodge
are conducted by a board of directors, executive committee or similar
body chosen by the members at their annual meeting. It shall be permissible
to serve food and meals on such premises, provided that adequate dining
room space and kitchen facilities are available. Where properly licensed
under existing Village ordinances, the consumption of intoxicating
beverages by members of such club or lodge or their guests may be
permitted.
Land uses that provide veterinary services and/or boarding
for six or more animals. Examples include, but are not limited to,
commercial kennels, commercial stables, and animal hospitals or veterinarian
clinics. Exercise yards, fields, training areas, and trails associated
with such land uses are accessory to such land uses and do not require
separate consideration. Also includes commercial game and fur farms.
[Added 11-15-2006 by Ord. No. 06-10]
[Amended 7-1-2003 by Ord. No. 03-04; 11-15-2006 by Ord. No.
06-10]
One to eight residents: All facilities provided
for in § 46.03(22), Wis. Stats., including child welfare agencies,
group homes for children and/or adults, and community-based residential
facilities; along with adult family homes provided for in § 50.01(1),
Wis. Stats. Community living arrangements do not include day-care
centers, nursing homes, general hospitals, special hospitals, prisons,
or jails. Community living arrangement facilities are regulated depending
upon their capacity as provided for in § 59.69, Wis. Stats.
Nine to 15 residents: All facilities provided
for in § 46.03(22), Wis. Stats., including child welfare agencies,
group homes for children and/or adults, and community-based residential
facilities. Community living arrangements do not include day-care
centers, nursing homes, general hospitals, special hospitals, prisons,
or jails. Community living arrangement facilities are regulated depending
upon their capacity in § 59.69, Wis. Stats.
A use of land which, while appropriate for inclusion within
a given district, possesses a high likelihood of creating problems
with regard to nearby parcels of land or the occupants thereof and
which is, therefore, permitted only subject to the fulfillment of
conditions which effectively ensure that no such problems will be
created. All conditional uses shall first be approved by the Plan
Commission.
Any building or structure which:
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide, prepared
by the United States Department of Agriculture, Soil Conservation
Service, for Green County, adopted by the County Soil and Water Conservation
District Supervisors, and containing suitable alternatives for the
use and treatment of land based upon its capabilities from which the
landowner selects that alternative which best meets his needs in developing
his soil and water conservation.
Any business engaged in contract services or labor, such
as contractors involved with landscaping; building construction or
carpentry; and electrical, plumbing or heating systems. Often involves
accessory equipment storage yards and rental of equipment commonly
used by contractors. Retail outlets associated with this principal
use shall be considered an accessory use, and shall be subject to
the requirements applicable to the indoor sales accessory to industrial
use category.
[Added 11-15-2006 by Ord. No. 06-10]
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.
A home for the aged, infirm, chronically ill or incurable
persons in which five or more persons not of the immediate family
are received, kept or provided with food and shelter or care for compensation,
but not including hospital clinics or similar institutions devoted
primarily to the diagnosis and treatment of disease or injury, maternity
cases or mental illness.
On corner lots, the setback shall be measured from the street
line on which the lot fronts. The setback from the side street shall
be equal to 75% of the setback required on residences fronting on
the side street, but the side yard setback shall in no case restrict
the buildable width to less than 30 feet. Said corner lots shall consist
of a parcel of property abutting on two or more streets at their intersection,
provided that the interior angle of such intersection is less than
135º. Corner lots shall meet front yard setback requirements
for all street sides.
The curb level for any building is the level of the established
curb in front of such building measured at the center of such front.
Land uses in which qualified persons provide care services
for nine or more children or adults. Examples of such land uses include
child-care centers, nursery schools, and adult day-care facilities.
Such uses may be operated in conjunction with another principal land
use on the same lot, such as a church, school, business, or civic
organization, but not in a residence. In such instances, a day-care
center is not considered an accessory use, but instead is considered
an additional principal use. Distinguished from “intermediate
day care homes (nine to 15 children),” because daycare centers
are principal uses of a property not accessory to a principal residential
use.
[Added 11-15-2006 by Ord. No. 06-10]
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations
or disposition of materials.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and building
are uniform.
Overlay districts, also referred to herein as "regulatory
areas," provide for the possibility of superimposing certain additional
requirements upon a basic zoning district without disturbing the requirements
of the basic district. In the instance of conflicting requirements,
the more strict of the conflicting requirements shall apply.
A building or part of a building containing one or more dwelling
units and also containing other directly associated elements, such
as hallways, storage areas or common laundry facilities. For purposes
of this chapter, this term does not include group lodging facilities.
A dwelling separated from another dwelling unit and not having
any portion of any roof, wall or floor in common with another dwelling
unit.
One which is entirely surrounded by open space on the same
lot.
A building, or portion thereof, containing three or more
dwelling units.
A building containing one dwelling unit only.
A building containing two dwelling units only.
An area within a dwelling that is designed, occupied or intended
to be occupied by a family (or by a non-family household) as permitted
by this chapter as separate living quarters with private kitchen,
sanitary, sleeping and living quarters within the unit.
Establishments primarily engaged in the retail sale of prepared
food and drinks for consumption on the premises. Caterers and institutional
food service establishments are included. The term shall not apply
to churches, religious, fraternal, youth or patriotic organizations,
service clubs and civic or union organizations which occasionally
prepare or serve or sell meals to transients or the general public,
nor shall it include any public or private school lunchroom.
A dwelling unit consisting of one principal room exclusive
of a bathroom, kitchen, hallway, closets or dining alcove directly
off the principal room, provided that such dining alcove shall not
exceed 90 square feet in area and shall not be used for sleeping purposes.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
A place of business carrying on operations which are physically
separate and distinct from those of any other place of business located
on the same zoning lot.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.
[Amended 7-1-2003 by Ord. No. 03-04]
The provision of day care for children for compensation within
a dwelling, whether or not licensed by the state, including educational
services, so long as the care and services are taking place within
a dwelling.
Occupied dwellings in which a qualified person or persons
provide child care for four to eight children. The care of less than
four children is not subject to the regulations of this chapter. Family
day-care homes are also regulated under § 66.1017, Wis. Stats.
[Added 11-15-2006 by Ord. No. 06-10]
Any structure used in the operation of a farm or forestry
operation, including, but not limited to, barns, sheds, silos, equipment
garages, and towers.
[Added 11-15-2006 by Ord. No. 06-10]
A specific subcategory of single-family dwelling located
on the same property as any of the principal agricultural land uses
listed in this chapter and occupied by one or more family members
who earns a substantial part of his or her livelihood from farm operations
on the farm. There may be a second farm dwelling on a lot or parcel
if this criterion is met.
[Added 11-15-2006 by Ord. No. 06-10]
Includes floriculture, forest and game management, orchards,
raising of grain, grass, mint and seed crops, raising of fruits, nuts
and berries, sod farming and vegetable farming. "General farming"
includes the operating of such an area for one or more of the above
uses with the necessary accessory uses for treating or storing the
produce; provided, however, that the operation of any such accessory
uses shall be secondary to that of the normal farming activities.
A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.
Floor area when prescribed as a basis of measurement for
off-street parking spaces and loading berths for any use shall mean
the sum of the gross horizontal areas of the several floors of the
building, or buildings, devoted to such use, including accessory storage
areas located within selling or working space, such as counters, racks
or closets, and any basement floor area devoted to retailing activities,
to the production or processing of goods, or to business or professional
offices. However, floor area for the purpose of measurement for off-street
parking spaces shall not include:
Floor area devoted primarily to storage purposes,
except as otherwise noted herein.
Floor area devoted to off-street parking or
loading facilities, including aisles, ramps and maneuvering space.
Basement floor area, other than area devoted
to retailing activities or to the production or processing of goods
or to business or professional offices.
Operations pertaining to the handling, transport, processing,
storage, sale, or repair of forestry equipment, products, by-products,
or materials primarily used by forestry operations. Examples of such
land uses include, but are not limited to, commercial logging operations,
portable sawmills, de-barking operations, chipping facilities, maple
syrup production and sales, and similar uses. Not included within
this land use category are paper mills, box manufacturing operations,
or other large scale packaging or finish processing facilities.
[Added 11-15-2006 by Ord. No. 06-10]
The primary domicile of a foster parent which has four or
fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
All the property butting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
A detached accessory building, or portion of the principal
building, designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.
Farm operations in which agricultural commodities, livestock,
or both, are raised with the intention of being commercially viable
operations. A commercially viable operation is defined as one that
provides the majority of the owner/operator's annual income and frequently
employs nonfamily labor. Such operations may keep between 151 and
500 animal units. Examples of such land uses include, but are not
limited to, feed lots, hog farms, large stables, poultry operations,
fish farms, dairy operations, commercial greenhouse operations, and
value-added agriculture for products raised on site.
[Added 11-15-2006 by Ord. No. 06-10]
A type of single-family or two-family residential development
designed in conjunction with, and integrated within, a golf course
or similar outdoor recreational use.
[Added 11-15-2006 by Ord. No. 06-10]
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.
Buildings or parts of buildings designed, occupied or intended
to be occupied as living quarters on a basis other than as a dwelling,
dwelling unit, hotel or motel.
A group lodging facility containing general lodging rooms
not having kitchen facilities, offered for rent or comparable compensation
on a monthly or longer basis. Meals or access to common meal preparation
facilities may be offered as part of the service to occupants.
A person who occupies or has the right to occupy on a monthly
or longer basis a hotel or apartment hotel accommodation as his domicile
and place of permanent residence.
An area designated by the Village Board, on recommendation
of the Historic Preservation Commission, that contains two or more
historic improvements or sites.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage, or
cultural characteristics of the Village of New Glarus, state or nation
and which has been designated as an historic structure pursuant to
the provisions of this chapter.
Provides a means to accommodate a small home-based family
or professional business as an accessory permitted use on a residential
parcel without the necessity of a rezoning to a commercial zoning
district. Includes economic activities performed within any dwelling
that comply with specified requirements listed below. Examples include,
but are not limited to, personal and professional services, home offices,
handicrafts, and small machine repair. Does not include a motor vehicle
repair or body work business. Requirements include:
[Amended 11-15-2006 by Ord. No. 06-10]
No article is sold or offered for sale on the
premises except such as is produced for such occupation;
No stock-in-trade is kept or sold;
No mechanical equipment is used other than such
as is permissible for purely domestic purposes;
Such occupation shall not require internal or
external alterations or involve construction features not customary
in a dwelling;
Not more than 25% of the floor area of one story
of the dwelling is devoted to such home occupation;
No sign other than one unlighted nameplate not
more than one foot square is installed; and
No more than one person other than a member
of the immediate family living on the premises is employed.
Provides a means to accommodate home-based family or professional
businesses as an accessory use on a residential parcel without the
necessity of a rezoning to a commercial zoning district. The regulations
for expanded home occupations are more flexible than for standard
home occupations; as such, expanded home occupations require the issuance
of a conditional use permit. Includes economic activities performed
within any dwelling that comply with the specified requirements listed
above. Examples include, but are not limited to, personal and professional
services, handicrafts, small beauty salons, and small machine repair.
[Added 11-15-2006 by Ord. No. 06-10]
A home occupation consisting of the office of a recognized
profession.
A facility containing sleeping rooms with private or semiprivate
bathroom facilities offering overnight lodging to the public for compensation
and catering primarily to the traveling public. A hotel shall offer
services such as maid, telephone, desk and vending services. It may
offer a restaurant, recreational facilities and meeting facilities.
A building in which at least 90% of the accommodations are
dwelling units or are occupied by permanent guests.
A family or non-family group living in a nontransient manner
in a single dwelling unit.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
Uses such as churches, elementary or middle schools, clinics,
post offices, libraries, town halls, police stations, fire stations,
training centers, nursing homes, funeral homes, and recreational or
fraternal facilities such as gyms, swimming pools, museums, clubs
and lodges, meeting halls, and community centers. Not included within
this land use category are any elderly and congregate residential
facilities, day-care centers, or community living arrangements.
[Added 11-15-2006 by Ord. No. 06-10]
All principal land uses that conduct or display sales or
rental merchandise or equipment completely or nearly completely within
an enclosed building, including the provision of incidental service
and indoor repair uses. Includes general merchandise stores, grocery
stores, bait shops, sporting goods stores, antique stores, gift shops,
laundromats, artisan studios, bakeries, and a number of other uses
meeting this definition. Does not include agricultural commercial
uses or adult uses.
[Added 11-15-2006 by Ord. No. 06-10]
Large-scale farm operations in which agricultural commodities,
livestock, or both are raised with the intention of being commercially
viable operations. A commercially viable operation is defined as one
that provides the majority of the owner/operator's annual income and
frequently employs nonfamily labor. “Large-scale farm operations”
are defined for the purposes of this chapter as those that have more
than 500 animal units. Assuming this size threshold is exceeded, examples
of such land uses include, but are not limited to, feed lots, hog
farms, stables, poultry operations, fish farms, dairy operations,
commercial greenhouse operations, and value-added agriculture for
products raised on site.
[Added 11-15-2006 by Ord. No. 06-10]
Occupied dwellings in which a qualified person or persons
provide child care for nine to 15 children. Intermediate day-care
homes are also regulated under § 66.1017(2), Wis. Stats.
[Added 11-15-2006 by Ord. No. 06-10]
Also referred to as the “Joint Extraterritorial Zoning
Committee” or “Extraterritorial Committee.” Established
under § 62.23(7a), Wis. Stats., to issue certain approvals and
make certain decisions as defined in this chapter within the Village
of New Glarus-Town of New Glarus extraterritorial zoning jurisdiction.
[Added 11-15-2006 by Ord. No. 06-10]
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
includes, but is not limited to, vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush, wood and lumber.
All buildings or parcels of land, or portions thereof, where
the principal use is or includes the above-ground storage, collection,
salvage, and/or sales of: a) waste paper, rags, scrap metal, wood,
cordage, glass, and other worn-out, discarded, or secondhanded materials;
b) three or more vehicles or automobiles that do not have a valid
current state registration, license plate, or both; c) any other waste
or discarded material which has been a part, or was intended to be
a part, of any vehicles, automobiles, or recreational vehicles where
the volume of such parts or material is equal to three or more vehicles;
and/or d) recycling facilities involving on-site outdoor storage of
salvage materials. This land use category does not include waste disposal/composting
operations or accessory storage areas used exclusively to provide
parts or materials to a principal use on the same lot, such as a legally
operating agricultural commercial use.
[Amended 11-15-2006 by Ord. No. 06-10]
Any premises, or portion thereof, where dogs, cats and other
household pets are maintained, boarded, bred or cared for in return
for remuneration or are kept for the purpose of sale.
Farm operations in which agricultural commodities, livestock,
or both, are used as sources for supplementing household food supplies
and income. Such operations generally do not employ nonfamily labor.
Such operations shall keep no more than 150 animal units. Examples
of such land uses include, but are not limited to, croplands; orchards;
cranberry bogs and harvesting facilities; exotic animal raising; small
dairy farms; small stables; beekeeping; sod farms; aviaries; and the
harvesting of wild crops such as marsh hay, ferns, moss, wild rice,
maple syrup, berries, tree fruits and tree seeds in a manner that
is not injurious to natural reproduction of such crops.
[Added 11-15-2006 by Ord. No. 06-10]
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 building where lodging only is provided for compensation
for not more than three persons not members of the family.
A room rented as sleeping and living quarters
without kitchen facilities and with or without an individual bathroom.
Determining lot area requirements and off-street
parking requirements. For the purpose of determining the lot area
requirements, any lodging room designed or intended to be occupied
by more than two persons shall be determined as one lodging room for
each two persons; provided, however, that in a lodging house or a
fraternity and sorority house the number of lodging rooms shall be
determined by dividing the total number of persons intended to occupy
the lodging rooms by two.
A parcel of land having frontage on a public street, or other
officially approved means of access, 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 and other open space provisions
of this chapter as pertaining to the district wherein located.
The area of a horizontal plane bounded by the front, side
and rear lot lines.[1]
RESIDENTIALThe area of a lot occupied by the principal building or buildings and accessory building.
EXCEPT RESIDENTIALThe 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.
The mean horizontal distance between the front lot line and
the rear lot line of a lot measured within the lot boundaries.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
In the case of a lot abutting upon only one street, the line
separating such lot from such street. In the case of any other lot,
the owner shall, for the purpose of this chapter, have the privilege
of electing any street lot line the front lot line, provided that
such choice, in the opinion of the Zoning Administrator, will not
be injurious to the existing or to the desirable future development
of the adjacent properties.
That lot line which is opposite and most distant from the
front lot line. In the case of an irregular, triangular or gore-shaped
lot, the line parallel to and most distant from the front lot line
shall be considered to be the rear lot line for the purpose of determining
depth of rear yard. In cases where none of these definitions are applicable,
the Zoning Administrator shall designate the rear lot line.
The property lines bounding the lot.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
Any lot line not a front lot line or a rear lot line.
A lot which is part of a subdivision or a certified survey
map which has been recorded in the office of the Register of Deeds
of Green County or a parcel of land the deed to which was recorded
in the office of said Register of Deeds prior to the effective date
of this chapter. Any lot or parcel of land created through a violation
of any other applicable laws or ordinances of the State of Wisconsin
and the Village of New Glarus shall not, in this instance, be considered
a lot of record.
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 which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
The horizontal distance between the side lot lines of a lot,
measured at right angles to the lot depth, said measurement to be
made at the rear line of the required front 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. Therefore, a zoning lot
or lots may or may not coincide with a lot of record.
A residential dwelling for one family as is defined in §
101.91(2), Wis. Stats., fabricated in an off-site facility for installation
or assembly at the building site, bearing a HUD label or insignia
certifying that it is built in compliance with the Federal Manufactured
Housing Construction Standards under 42 U.S.C. § 5401 to 5426,
and built after June 14, 1976.
[Added 11-15-2006 by Ord. No. 06-10]
An area or stand of trees with a total combined canopy of
at least one acre, with at least 50% of the trees having a diameter
at breast height of at least six inches. No area of stand of trees
specifically planted or grown for commercial purposes shall be considered
a mature woodland.
[Added 11-15-2006 by Ord. No. 06-10]
Any small, movable accessory erection or construction, such
as birdhouses, toolhouses, pet houses, play equipment, arbors and
walls and fences under four feet in height.
A transportable factory-built structure as is defined in
§ 101.91(2k), Wis. Stats., designed for long-term occupancy by
one family, and built prior to June 15, 1976, the effective date of
the Federal Manufactured Housing Construction and Safety Standards
Act.
[Amended 11-15-2006 by Ord. No. 06-10]
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel of land which has been developed for the placement
of mobile homes and is owned by an individual, firm, trust, partnership,
public or private association, or corporation. Individual lots within
a mobile home park are rented to individual mobile home users.
A land subdivision, as defined by Ch. 236, Wis. Stats., and
any Village land division ordinance,[2] with lots intended for the placement of individual mobile
home units. Individual home sites are in separate ownership as opposed
to the rental arrangements in mobile home parks.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
A facility offering the services of a hotel but where the
sleeping rooms are physically arranged so that most have access to
outside, adjacent parking areas without passing through the lobby.
A building or area in which freight brought by motor truck
is assembled and/or stored for routing in intrastate or interstate
shipment by motor truck.
A sign indicating the name and address of a building, or
the name of an occupant thereof, and the practice of a permitted occupation
therein.
Any building or structure which:
Any use of land, buildings or structures which does not comply
with all the regulations of this chapter or of any amendment hereto
governing use for the zoning district in which such use is located.
A group of individuals not exceeding five in number who do
not constitute a family as defined herein and who live as a single
household in a dwelling unit.
A facility licensed as a day-care center by the State of
Wisconsin where a person or persons provide, for compensation and/or
consideration for service, group care for four or more children under
seven years of age, for less than 24 hours a day, at a location other
than the child's own home or the homes of relatives or guardians.[3]
All exclusively indoor land uses whose primary functions
are the handling of information or administrative services. Such land
uses do not typically provide services directly to customers on a
walk-in or on-appointment basis.
[Added 11-15-2006 by Ord. No. 06-10]
An office in which services are performed by persons engaged
in a profession requiring advanced training in a recognized professional
specialty and including the fields of religion, architecture, engineering,
law, medicine, personal health services and instruction in the liberal
or fine arts.
Within a cluster development, a portion of the parcel that
is and will remain outside of a building lot or building site and
will remain free of non-farm development.
[Added 11-15-2006 by Ord. No. 06-10]
Public and private cemeteries, religious and historical shrines,
outdoor education and interpretive centers, classrooms, dormitories,
and similar privately held permanently protected open areas. May include
buildings supporting the principal outdoor institutional use, such
as accessory, education-related lodging, and interpretive facilities
and equipment storage sheds.
[Added 11-15-2006 by Ord. No. 06-10]
All outdoor recreational uses located on property owned by
the public, owned by a private utility company for public recreational
use, or on a public use easement owned by the public or by a nonprofit
organization. Such land uses include parks, natural areas, wildlife
areas, hiking trails, bike trails, cross-country ski trails, snowmobile
trails, all-terrain vehicle (ATV) trails, horse trails, picnic areas,
picnic shelters, publicly-owned campgrounds, fairgrounds, play courts,
play fields, tot-lots, outdoor swimming pools, swimming beach areas,
fitness courses, public golf courses, boat launches, waterfront accesspoints,
fishing, hunting, and trapping areas, and similar land uses. May include
buildings or structures supporting the principal outdoor public recreation
use, such as equipment storage sheds, restrooms, concession stands,
and grandstands. Not included in this land use category are privately
owned and operated recreational uses.
[Added 11-15-2006 by Ord. No. 06-10]
Any organized outdoor assembly of 250 or more persons, including
one-time and occasional auctions, church festivals, large community
events, and other similar activities open to the public. Includes
assemblies located on both publicly and privately owned lands. Does
not include gatherings of fewer than 250 participants; all weddings,
family reunions, anniversaries, or similar family events regardless
of number of participants; and events held in stadiums or arenas intended
for outdoor assemblies.
[Added 11-15-2006 by Ord. No. 06-10]
Contiguous lands within the jurisdiction of this zoning ordinance
that are under the control of a single owner.
[Added 11-15-2006 by Ord. No. 06-10]
A structure or premises containing five or more parking spaces
open to the public.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
A parcel or tract of land having an area as required in the
district regulations under common management and single ownership
and which is the site for two or more principal residential buildings
and where regulations may be modified as regulated in this chapter.
The issuance of a permit for a planned residential development - dwelling
shall require approval as provided in this chapter.
[Amended 7-1-2003 by Ord. No. 03-04]
A road or driveway belonging to and restricted for the use
of one or more private parties, and permitting vehicular access from
the public roadway network to individual private building sites.
[Added 10-3-2011 by Ord. No. 11-08]
Any airport which complies with the definition contained
in § 114.002(3), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.
All facilities of a public utility district, sanitary district,
or municipality with taxing authority for collecting, transporting,
storing, pumping, treating and final disposition of sanitary sewage.
[Added 11-15-2006 by Ord. No. 06-10]
All county, town, state and federal facilities; emergency service facilities; and privately-owned public utilities, such as, but not limited to, town halls, wastewater treatment plants, utility substations, dams, water towers, fire towers, commercial wind farms or solar collection facilities, and similar land uses. Excludes power transmission lines and power production facilities, except where accessory to or an essential component of one of the above examples (e.g., hydroelectric power from dam). Excludes telecommunications facilities, which are instead regulated under § 305-38.2.
[Added 11-15-2006 by Ord. No. 06-10]
Any sidewalk, street, alley, highway or other public thoroughfare.
A strip of land containing railroad tracks and customary
auxiliary facilities for only track operation. For the purpose of
this chapter, "railroad right-of-way" does not include land used or
intended to be used for switching, spur, lead, team or siding tracks,
freight depots or stations, loading platforms, train sheds, warehouses,
car or locomotive shops, car yards or classification yards.
Those off-street parking spaces allocated for temporary standing
of automobiles awaiting entrance to a particular establishment.
The sale of goods or merchandise in small quantities to the
consumer.
A temporary structure which is not permanently affixed to
the ground and is readily removable in its entirety and which is used
solely for the display or sale of farm products produced on the premises
upon which such roadside stand is located. No roadside stand shall
be more than 300 square feet in ground area, and there shall not be
more than one roadside stand on any one premises.
A place of abode not more than two stories in height arranged
to accommodate three or more attached living units in which each living
unit is separated from the adjoining unit by an unpierced vertical
occupancy separation of not less than one-hour fire-resistive construction,
extending from the basement or lowest floor to the underside of the
roof boards. Each living unit shall have separate entrances and exits
leading directly to the outside.
A hedge, wall or fence to provide a visual separator and
physical barrier not less than four feet nor more than six feet in
height, unless otherwise provided for in this chapter.
Any sales and display of farm or forestry products for less
than 180 days out of a three-hundred-sixty-five-day period. Examples
include, but are not limited to, fruit and vegetable stands, maple
syrup sales, pumpkin stands or patches, Christmas tree lots, firewood
sales, wreath sales, honey sales, wildflower sales, and woodchip sales.
[Added 11-15-2006 by Ord. No. 06-10]
The minimum horizontal distance between the front lot line
and the nearest point of the foundation of that portion of the building
to be enclosed. The overhang cornices shall not exceed 24 inches.
Any overhang of the cornice in excess of 24 inches shall be compensated
by increasing the setback by an amount equal to the excess of cornice
over 24 inches. Uncovered steps shall not be included in measuring
the setback.
An area or structure specially designed for the safe discharge
and use of rifles, shotguns, pistols, bows, skeet, trap, or any similar
firearm for the purpose of sport shooting or law enforcement training.
[Added 11-15-2006 by Ord. No. 06-10]
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks, by which anything is made known and which is 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.
All commercial logging operations primarily oriented to the
outdoor planting, thinning and harvesting of timber, pulp woods, and
other forestry products for commercial purposes. This land use includes
trees which are raised as a crop to be replaced with more trees after
harvesting, such as tree nurseries or Christmas tree operations. Also
includes cranberry bogs, maple syrup tapping, and wild rice harvesting.
[Added 11-15-2006 by Ord. No. 06-10]
A dwelling unit designed for, converted to, and/or occupied
by one family and not attached to another dwelling unit. This land
use category does not include a mobile home. This land use category
includes a manufactured home as described in this section, but only
if said manufactured home meets the following regulations applicable
to all single-family dwellings.
[Added 11-15-2006 by Ord. No. 06-10]
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade
shall be deemed a story for purposes of height regulation.
That portion of a building under a gable, hip or mansard
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than 4 1/2 feet above the finished floor
of such story. In the case of one-family dwellings, two-family dwellings
and multifamily dwellings less than three stories in height, a half
story in a sloping roof shall not be counted as a story for the purposes
of this chapter.
Property other than an alley or private thoroughfare or travel
way which is subject to public easement or right-of-way for use as
a thoroughfare and serves as a principal means of access to abutting
property.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two street yards.
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
a permanent location on the ground or attachment to something having
a permanent location on the ground.
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure,
such as billboards.
Land uses that provide two or fewer housing units in a single
building, on a single lot, or on contiguous lots, with such units
available for overnight or weekly stays by paying guests. Such land
uses may provide in-room kitchens and may also provide indoor and
outdoor recreational facilities for the exclusive use of their customers.
Restaurants, arcades, fitness centers, and other on-site facilities
available to nonlodgers are not considered accessory uses, but instead
are considered additional principal uses that may require separate
land use reviews. Does not include bed-and-breakfast establishments,
hotels, motels, lodging resorts, or boardinghouses. Where available
for month-to-month or lease terms of greater length, such uses shall
not be considered tourist lodging but shall instead be considered
single-family dwellings.
[Added 11-15-2006 by Ord. No. 06-10]
Any structure which is or may be mounted upon wheels for
moving about and is propelled by its own or drawn by other motive
power and which is used as a dwelling or as an accessory building
or structure in the conduct of a business, trade or occupation or
issued for hauling purposes.
That part of the ground level of a zoning lot, other than
in a required front or corner side yard, which is unoccupied by principal
or accessory buildings, service driveways, off-street parking spaces
and/or loading berths and is unobstructed to the sky. This space of
minimum prescribed dimensions shall be available to all occupants
of the building and shall be usable for greenery, drying yards, recreational
space and other leisure activities normally carried on outdoors. Where
and to the extent prescribed in these regulations, balconies and roof
areas designed and improved for outdoor activities may also be considered
as usable open space. "Ground level" for this purpose may include
open terraces above the average level of the adjoining ground, but
not including a permanently roofed-over terrace or porch.
The purpose or activity for which the land or building thereon
is designed, arranged or intended or for which it is occupied or maintained.[4]
A use which may be lawfully established in a particular district
or districts provided it conforms to all requirements and regulations
of such district in which such use is located.
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
Any facility or area used for the final disposal or storage
of solid wastes, including those defined by § 289.01(35), Wis.
Stats., but not including junkyards or salvage yards. Also includes
any operations or land uses devoted to the collection, storage, processing
and/or disposal of vegetation, not including food scraps, other vermin-attracting
materials, or hazardous wastes defined by Wisconsin Statutes.
[Added 11-15-2006 by Ord. No. 06-10]
An apparatus for converting the energy available in the wind
to electrical energy for the primary purpose of resale or off-site
use.
[Added 11-15-2006 by Ord. No. 06-10]
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except for vegetation. The
street and rear yards extend the full width of the lot.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The side where the address is shall be considered the front yard.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building.[5]
A zero lot line structure is a single two-unit dwelling which
exists on two lots and has a common property line where the dwelling
units meet. Any division of land associated with the construction
or development of a zero lot line structure shall comply with any
applicable land division regulations. A zero lot line structure has
a side yard of zero feet on the side where the dwelling units meet
at the common property line and at least eight feet for the other
side yard, except on corner lots, where the twenty-five-foot setback
is required on both the front and street sides. Frontage shall be
not less than 40 feet for each unit.
[Amended 8-7-2001 by Ord. No. 01-04; 10-4-2005 by Ord. No. 05-07]
A permit issued by the Zoning Administrator to certify that
the use of lands, structures, air and waters subject to this chapter
is or shall be in accordance with the provisions of said chapter.
[1]
Editor's Note: The definition of "lot, corner,"
which immediately followed this definition, was deleted 7-1-2003 by
Ord. No. 03-04. See the definition of "corner lot" in this section.
[3]
Editor's Note: The definition of "nursing
home" which immediately followed this definition was deleted 7-1-2003
by Ord. No. 03-04. See now the definition of "convalescent home and
nursing home."
[4]
Editor's Note: The definitions of "use, accessory"
and "use, conditional," which immediately followed this definition,
were deleted 7-1-2003 by Ord. No. 03-04. See the definitions of "accessory
building or use" and "conditional use" in this section.
[5]
Editor's Note: The definition of "yard, side,"
which immediately followed this definition, was deleted 7-1-2003 by
Ord. No. 03-04. See the definition of "side yard" in this section.
