Chapter 195

ZONING

[HISTORY: Adopted by the Village Board of the Village of Holmen 1-28-1998. Amendments noted where applicable.]  

GENERAL REFERENCES

 Building construction — See Ch. 29.

 Impact fees — See Ch. 76.

 Land division — See Ch. 90.

 Mobile home parks — See Ch. 105.

  

ARTICLE I

General Provisions

§ 195-1.  Authority and purpose. 

A.     In accordance with the authority granted by Section 61.35 of the Wisconsin Statutes and for the purpose listed in said section, the Village Board of the Village of Holmen, Wisconsin, adopts this Comprehensive Zoning Ordinance effective as of February 5, 1998. 

B.     The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Village of Holmen.   

§ 195-2.  Intent.

It is the general intent of this chapter to regulate and restrict the use and development of all structures, lands and waters and to regulate and restrict lot coverage, population distribution and density, tree cutting, dredging and lagooning in shoreland areas and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light and air; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; prevent water pollution; protect spawning grounds, fish and aquatic life and otherwise further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the Village; and implement the Village's Comprehensive Plan and plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation. 

§ 195-3.  Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties or with any rules, regulations or permits previously adopted or issued pursuant to laws; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are required by other rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.  

§ 195-4.  Interpretation.

The provisions of this chapter shall be interpreted and applied as minimum requirements, 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. 

§ 195-5.  Title.

This chapter shall be known as, referred to or cited as the "Zoning Ordinance, Village of Holmen, Wisconsin." 

§ 195-6.  Zoning districts.

Zoning districts are provided as follows:

   R-1     New Single-Family Residential District        

   R-2     New Single-Family Residential District - Large Lot             

   R-3     Existing Single-Family Mixed Residential District  

   R-4     Two-Family Residential District        

   R-5     Multiple-Family Residential              

   R-6     Zero Lot Line Single-Family Residential District     

   R-7     Single-Family Attached Residential District [Added 2-9-2006 by Ord. No. 1.06]    

   B-1     Downtown Business District             

   B-2     Highway Business District    

   LI       Light Industrial District [Added 7-12-2007 by Ord. No. 6.07]          

   M        Manufacturing District          

   C        Conservancy District             

   A        Agricultural District  

   PUD               Planned Unit Development District              

   SO      Scenic Overlay           

    

§ 195-7.  Zoning Map; district boundaries. 

A.     The revised Official Zoning Map is an integral part of this chapter. A copy of this map titled "Zoning Map, Holmen, Wisconsin," together with a copy of this chapter, shall be available in the Village Clerk's office for public inspection during office hours. Any changes in zoning district boundaries shall be recorded on the map. 

B.     The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line. 

C.     Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district. 

D.     In unsubdivided property, the district boundary shown on the map shall be determined by township or range line, 1/4 sections, and divisions thereof, property lines, by scale, or by dimensions shown on said map.   

§ 195-8.  General regulations.

Excepted as otherwise provided: 

A.     Nonconforming uses and structures. 

(1)    Present uses of buildings and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alternations of such buildings or premises shall not exceed 50% of their assessed value at the time they become nonconforming unless a building or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently. 

(2)    Existing nonconforming uses. 

(a)     The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter; however, only the portion of the land or water in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter. 

(b)     Total lifetime structural repairs or alterations shall not exceed 50% of the municipality's current assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter. 

(c)     Substitutions of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.   

(3)    Abolishment or replacement. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land or water shall conform to the provisions of this chapter. When a nonconforming use is damaged by fire, explosion, flood, public enemy or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. 

(4)    Existing nonconforming structures. 

(a)     A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, setback, parking and loading and access provisions of this chapter. 

(b)     Additions and enlargements to existing nonconforming structures are permitted and shall conform to the required building setback lines along streets, water and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer. 

(c)     Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity may be reconstructed and insofar as is practicable shall conform to the required building setback lines along streets and highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to reconstruction are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer. 

(d)    Existing nonconforming structures may be moved and insofar as is practicable shall conform to the required building setback lines along streets or highways and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to moving are applicable only if the lot or parcel conforms to the existing sanitary code requirements or is serviced by a public sanitary sewer.   

(5)    Changes and substitutions. Once a nonconforming use or structure has been changed to conform it shall not revert to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board of Appeals.   

B.     Amendments. 

(1)    Authority. Pursuant to the provisions of Sections 61.35 and 62.23(7) of the Wisconsin Statutes the Village Board may, after notice and public hearing as hereinafter provided, amend the regulation of this chapter or change the district boundaries. 

(2)    Initiation of petition. A proposal to amend the text or change the district mapping of this chapter may be initiated by the Village Board on its own motion or by petition of one or more property owners. 

(3)    Petitions. Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the Village Clerk, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition and shall include the following: 

(a)     A plot plan drawn to scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts and the location and existing use of all properties within 100 feet of the area proposed to be rezoned. 

(b)     Owners' names and addresses of all properties lying within 100 feet of the area proposed to be rezoned. 

(c)     Additional information required by the Village Board.   

(4)    Official public hearing. The Village shall hold a public hearing on such petition, after giving a Class 2 notice under Chapter 985, Wisconsin Statutes, of the proposed amendment, giving an opportunity to any person interested to be heard. 

(5)    Action. As soon as possible after such public hearing the Village Board shall act to approve, modify and approve or disapprove the proposed amendment. 

(6)    Protest. In case of protest against such change duly signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed amendment, supplement or change or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land such amendment, supplement or change shall not become effective except by the favorable vote of 3/4 of the members of the Village Board. 

(7)    Reapplication. If the proposed amendment fails, that proposal will not be reconsidered for Board action for a period of one year. [Added 12-11-2003 by Ord. No. 9.03]   

C.     Annexation. 

(1)    All territory annexed to the Village shall become part of the A-Agricultural District. [Amended 11-23-2004by Ord. No. 8.04] 

(2)    An annexation fee in an amount equal to five times the amount of property taxes that the Town imposed on that territory in the year of the annexation will be charged to the property owner. All annexation fees must be paid in full on or before 10 days of the Holmen Village Board’s scheduled meeting to consider any proposed annexation petition. If for any reason an annexation petition is denied by the Holmen Village Board, said fees will be reimbursed within 10 business days. [Added 10-24-2004by Ord. No. 5.04]   

D.     Compliance. 

(1)    No lot shall be occupied by more than one permitted principal building, but in the case of public, institutional, industrial or commercial buildings, a group of principal buildings under the same ownership may be considered as occupying the same lot if in the opinion of the Village Board such buildings and uses are compatible. 

(2)    No building or structure shall be erected, reconstructed, structurally altered, enlarged or moved, nor shall any building, structure or land be designed or designated, for any use other than the uses permitted in the district in which such building, structure or land is located. 

(3)    The provisions of this chapter shall not prohibit the erection of a single-family dwelling and customary accessory uses in any district in which single-family dwellings are so permitted on a lot which is smaller than required, provided such lot is separately recorded by deed in the office of the Register of Deeds prior to January 28, 1998, and provided further that the owner of any such lot did not own sufficient adjoining land at the effective date of the adoption of this chapter to conform thereto. All structures erected on such lot must be designed and erected in conformance with the provisions of this chapter.   

E.      Reduction of joint use. No lot area shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements when reduced, the Board of Appeals may grant a variance. 

F.      Modification. 

(1)    No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building. 

(2)    Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the projection of sills, cornices and ornamental features which shall not exceed 24 inches, except that in commercial areas a permanent awning and its accessory columns or struts may project not more than five feet into a required front or side yard. Fire escapes may project in a yard area not more than five feet. 

(3)    Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, hospitals, smoke stacks, storage tanks, water towers, ornamental towers, masts or aerials and necessary mechanical appurtenances are exempted from the height regulations of this chapter but are subject to other regulations or ordinances of the Village of Holmen. 

(4)    In each quadrant of every street intersection there shall be designated a twenty-five-foot vision triangle; within such triangle shall be located no driveways, parked vehicles or objects at a height greater than two feet above the nearest top of curb elevation. The vision triangle shall be established by projecting the curb flange lines of the intersecting streets in a straight line from the points where the curb radii begin to their point of intersection, and measuring a distance of 25 feet from this point of intersection along each flange line. In cases where no curb and gutter exists, the edge of pavement lines shall be projected to establish the vision triangle, and the edge of pavement  elevation shall be used to establish a two-and-one-half-foot object height limit. [Amended 7-13-2006 by Ord. No. 7.06] 

(5)    In required yards, streets or other areas in all residential districts the overnight parking or storage of machinery, buses carrying greater than 16 passengers, unlicensed or junked automobiles or vehicles used for garbage collection or hauling livestock is prohibited. 

(6)    The construction of an accessory building shall not precede the construction of a principal building in all residential districts.   

G.     Swimming pools. [Amended 1-12-2006 by Ord. No. 8.05] 

(1)    A swimming pool, for the purposes of this section, is a body of water or an outdoor structure containing a body of water in a receptacle or other container (including hot tubs, landscape pools, ponds or water features) having a depth for water at any point greater than 1 1/2 feet located above or below the ground surface elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. 

(2)    Location. 

(a)     Swimming pools constructed in all residential districts shall be located on the same lot as and in either the rear or the side yard of a principal building; however, they shall not be constructed in any front yard or in a required setback area of a corner lot. Swimming pools either open or enclosed shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard. 

(b)     Swimming pools constructed in the B-1 or B-2 Business District shall not occupy any portion of a required front, side or rear yard setback area; however, they may be located in yard areas other than such required yards.   

(3)    Exempt pools. Storable swimming or wading pools which are constructed so that they may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section. Landscape water features that are less than 15 feet in any dimension and are less than 1 1/2 feet deep are exempt from the provisions of this section. 

(4)    Permit required. Before work is commenced on the construction or erection of swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to the Village Building Code shall accompany such application. Hot tubs and landscape water features that are less than 15 feet in any dimension and are less than 1 1/2 feet deep are exempt from the permit requirement. 

(5)    Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction of a swimming pool as provided for in Subsection G(1), above, unless the following construction requirements are observed: 

(a)     Approved materials. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the Village now in effect or hereafter enacted.  

(b)     Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such discharge shall be subject to prior approval by the Director of Public Works. 

(c)     Electrical installations. All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool, shall be in conformance with the state laws and Village ordinances regulating electrical installations.   

(6)    Setbacks and other requirements. 

(a)     No portion of a swimming pool, decking or pool equipment located outside a building shall be erected or constructed in any front yard or in a required setback area of a corner lot. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building. 

(b)     All swimming pools, landscape features, decking and pool equipment shall be at least six feet from any lot line or accessory building.   

(7)    Enclosure. 

(a)     Fence; in-ground pools. All outdoor, in-ground swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use. 

(b)     Aboveground pools; pool wall barrier. 

[1]    An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend not less than four feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. All gates or doors opening through the barrier shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use. 

[2]    The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of four feet high on the top. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use. 

[3]    The pool enclosure may be omitted where hot tubs are secured with a lockable cover.     

(8)    Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily enclosed shall comply with the enclosure requirements of this section or when water is placed in the pool. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved. 

(9)    Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Director of Public Works. 

(10)  Filter system required. All private swimming pools within the meaning of this chapter, must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof. 

(11)  Dirt bottoms prohibited. All swimming pools of a permanent or semipermanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.   

H.     Fences and hedges. [Amended 5-9-2002 by Ord. No. 2.02; 6-12-2003 by Ord. No. 3.03; 11-9-2006 by Ord. No. 9.06] 

(1)    Maintenance-free fences (i.e., vinyl fence) and hedges may be placed, erected or grown upon a property line in the rear or side yard and shall not exceed six feet in height in all residential districts. Fences constructed in a manner and/or of a material (i.e., wood) that would require periodic maintenance shall require a minimum setback of three feet in the rear or side yard in all zoning districts in order to facilitate routine property maintenance without trespass. In all other districts, fences shall not exceed a height of 12 feet. Fences or shrubs may be placed, erected or grown in the front yard building setback area and shall not exceed a height of four feet. A fence may encroach upon a vision triangle, provided it does not exceed four feet, is ninety-percent see-through and does not obstruct the vision of either pedestrians or motorists. The finished side should face the abutting property. On the side yard, abutting the street of a corner lot, fences greater than four feet in height shall be set back a minimum of 10 feet from the property boundary. Per Village Code § 195-8(J) the side yard next to the street of a corner lot shall conform to the front yard requirements of the district in which said corner lot is located. 

(2)    Fences may be constructed of wood, wire, metal, stone, vinyl, plastic, shrubbery or a combination thereof. Wire fences shall be of a mesh or woven design. No single-stranded wire fences are permitted. No barbed wire shall be used in fence construction in any residential district. No fence shall be less than 30 inches in height. All fences shall be kept in good repair and condition.   

I.       Junk and salvage yards. 

(1)    License required. No person shall use any building or premises for the buying, selling, gathering, delivery, shipping, storing or salvaging of old iron, bottles, paper, rags, farm machinery, vehicles or other materials commonly included in the term "junk" without obtaining a license for the operation of a junk and salvage yard. Outside storage of one or more unlicensed vehicles on the same premises shall be prima facie evidence of the operation of a junk or salvage yard. 

(2)    Application. Application for a license hereunder shall be made in writing to the Zoning Officer stating: [Amended 10-12-2000 by Ord. No. 1.00] 

(a)     The location and description of the premises to be licensed. 

(b)     The nature of the business to be conducted on the premises. 

(c)     The type of construction of any building to be used in connection with the business. 

(d)    The applicant's name and address and, if a partnership or corporation, the names and addresses of all officers thereof.   

(3)    Fee; term. The fee for a license issued hereunder shall be $125 per year. Licenses shall expire 12 months after issuance but may be renewed by the governing body if it is satisfied that the license and the premises comply with this section. 

(4)    Hearing. The Zoning Officer shall refer an application for a license hereunder to the Village Board, which shall conduct a hearing on such application within a reasonable time, notice of which shall be given by publication and by posting at least once during the 10 days preceding the hearing. If the Village Board is satisfied from the evidence produced at the hearing that the applicant is able to conduct the business and the premises is suitable therefor, the Village Board shall authorize issuance of the license. [Amended 10-12-2000 by Ord. No. 1.00] 

(5)    Location. No junk or salvage yard shall be located within 500 feet of any residence, other than the residence of the owner of the premises, or any residential or business district or 150 feet of a lake, river or stream. No junk or salvage operations shall be carried on within 25 feet of any street right-of-way.   

J.       Corner lots. The side yard next to the street of a corner lot shall conform to the front yard requirements of the district in which said corner lot is located. 

K.     Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking. 

L.      Detached energy systems. In addition to the restrictions set forth for fire prevention, no person shall place any detached energy system, including wood or other solid fuel burners or liquid burners, boilers, or furnaces within 200 feet of an abutting residential district lot line. Detached energy systems must also address emissions with a minimum chimney height of 20 feet above grade and must comply with Chapters NR 406 (Construction Permits), 415 (Control of Particulate Emissions) and 431 (Control of Visible Emissions) of the Wisconsin Administrative Code. [Added 9-12-2002 by Ord. No. 6.02]    

ARTICLE II

Terminology

§ 195-9.  Word usage and definitions.

For the purpose of this chapter, certain words and terms are defined as listed below. Also, 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"; and the word "shall" is mandatory and not directory. Any words not herein defined shall be construed as defined in the state and Village building codes. 

ACCESSORY BUILDING OR STRUCTURE — A building or portion of a building subordinate to the   main building or structure and used for a purpose customarily incidental to the permitted use of the main building or structure or the use of the premises, including but not limited to garages, prefabricated metal buildings for storage, carports, greenhouses, screened enclosures, swimming pools, bathhouse and filter equipment sheds, playhouses, gazebos, satellite dish antennas and open storage. The total of all accessory buildings shall not occupy more than 1,000 square feet in all residential districts.  In all other zoning districts, accessory buildings shall not occupy more than 60% of the total lot area or as approved by the Zoning Administrator. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same front and side yard requirements as the principal building. [Amended 7-13-2006 by Ord. No. 7.06]  

ADULT ENTERTAINMENT USE — An establishment consisting of, including or having the characteristics of any or all of the following:  

A.     ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.  

B.     ADULT CABARET:  

(1)    An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.  

(2)    A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.    

C.     ADULT MINI MOTION PICTURE THEATER — An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.  

D.     ADULT MOTION PICTURE THEATER — An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.    

ALLEY — A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.  

BED-AND-BREAKFAST — Any place of lodging that provides four or fewer rooms 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.  

BUILDING — Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building. A carport shall be considered a building.  

BUILDING HEIGHT — The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.  

CAMPGROUND — A privately or municipally owned parcel or tract of land maintained, intended or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of trailers, tents, buses, automobiles or sleeping bags, and may include structures to provide services to the patrons, such as rest rooms and bathing and laundry facilities.  

DECK — An uncovered exterior structure designed or intended for outdoor living space. A deck or landing of five feet by five feet or smaller does not require a permit. Decks shall have a minimum of 15 feet rear yard setback in all residential districts. [Amended 7-13-2006 by Ord. No. 7.06]  

DETACHED ENERGY SYSTEMS — A freestanding unit situated outside the envelope of the structure to be heated, typically consisting of a closed combustion chamber for the purpose of heating water or air for heating. [Added 9-12-2002 by Ord. No. 6.02]  

DWELLING DESIGN AND CONSTRUCTION — Dwellings as defined and permitted by this chapter shall conform to the following. A dwelling shall:  

A.     Be attached to a permanent foundation meeting the requirements of applicable building code provisions in such manner as to comply with standards for vertical loading, uplift and lateral forces and be so designed and constructed that the floor elevation is reasonably compatible with other dwellings in the area.  

B.     Have a first story minimum area of 800 square feet and be not less than 20 feet in its smallest horizontal dimension, exclusive of an attached garage, carport or open deck.  

C.     Have any wheels, axles, hitches, tow bars and other equipment for transporting on streets or highways removed when the structure is placed on the foundation.  

D.     Have a double pitched roof having a minimum of three inches of vertical rise per foot of horizontal run.  

E.      Have roof overhang of one foot minimum measured from the vertical sides of the structure.  

F.      Have roofing material of a type customarily found on conventionally constructed dwellings, including wood shakes or shingles, asphalt composition shingles and fiberglass composition shingles, but not corrugated metal or corrugated fiberglass.  

G.     Have exterior siding of a type customarily found on conventionally constructed dwellings, including wood clapboards, simulated clapboards such as vinyl, metal or masonite-type siding, wood shakes, wood shingles, brick, stone or other masonry-type siding and wood shakes, wood shingles, brick, stone or other masonry-type veneer materials, but not smooth, ribbed or corrugated metal or plastic panels except when part of solar collector systems.  

H.     Have a one-car garage with paved driveway.    

DWELLING, MULTIPLE-FAMILY — A building or portion thereof designed for and occupied by more than two families, including row houses, apartment houses and condominiums.  

DWELLING, ONE-FAMILY — A detached building designed for or occupied exclusively by one family.  

DWELLING, TWO-FAMILY — A detached or semidetached building designed for or occupied exclusively by two families.  

FAMILY — A person living alone, or two or more persons living together in a domestic relationship based upon birth, marriage or other domestic bond, in a dwelling unit.  

FARMING — The raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats and horses.  

FEEDLOT — Any livestock feeding or housing area or structure in which the concentration of animals is such that a vegetative cover is not maintained during the summer.  

FENCE — Any barrier constructed of wood, wire, metal, stone, vinyl, plastic, shrubbery or a combination thereof, excluding single-stranded fences. [Amended 5-9-2002 by Ord. No. 2.02; 6-12-2003 by Ord. No. 3.03]  

FLAGPOLES — Flagpoles are allowed in the front yard setbacks, but shall not exceed the maximum height for accessory buildings within that district and shall not be placed in a vision triangle. [Added 5-9-2002 by Ord. No. 2.02]  

FRONTAGE — All the property abutting a public road or street.  

GARAGE, PRIVATE — An accessory building in residential areas for the storage of motor-driven vehicles.  

GARAGE, PUBLIC — Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, painted, serviced, hired, sold or stored.  

HOME OCCUPATION  — A gainful occupation conducted by members of the family only within their place of residence, provided that:  

A.     The area used does not exceed 25% of the total floor area, excluding attached garage;  

B.     No article or service is sold or offered for sale on the premises except such as is produced by such occupation;  

C.     No materials used in or produced by said occupation are displayed or stored outside;  

D.     No stock-in-trade is kept or sold;  

E.      No mechanical equipment is used other than such as is permissible for purely domestic purposes;  

F.      The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be abnormal for a residential neighborhood;  

G.     No sign other than one unlighted nameplate not more than three square feet is installed; [Amended 10-12-2000 by Ord. No. 1.00]  

H.     No structural alterations that are not customarily part of the dwelling unit are needed; and  

I.       No person other than a member of the immediate family living on the premises is employed.  

J.       No vehicles or equipment, except those owned by the occupants, shall be repaired or maintained at the place of the residence or in any public street. [Added 5-9-2002 by Ord. No. 2.02]    

HOTEL — A building where rooms, with or without meals, are supplied to transient public, or to anyone who may apply, for compensation.  

JUNK OR SALVAGE YARD — An area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards but not including the purchase or storage of used furniture or household equipment or used cars in operable condition.  

KENNEL — The use of land with related buildings and structures for the breeding, rearing, boarding or training of more than four dogs and/or cats over five months of age.  

LIVESTOCK UNIT — One thousand five hundred pounds of live animal weight. Animals include but are not limited to cattle, horses, pigs, sheep and buffalo.  

LOT — A parcel of land having frontage or legal access to a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.  

LOT, CORNER — A lot abutting on two or more streets at their intersection.  

LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.  

LOT LINES — The lines bounding a lot as defined herein.  

LOT, THROUGH — An interior lot having frontage on two nonintersecting streets.  

LOT WIDTH — The width of a parcel of land measured at the rear of the specified setback lines.  

MANUFACTURED DWELLING — A dwelling structure or component thereof as is defined in the Wisconsin Administrative Code, One- and Two-Family Uniform Dwelling Code Section 20.07(52), which bears the Wisconsin Department of Commerce insignia certifying that it has been inspected and found to be in compliance with Subchapter V of said Uniform Dwelling Code. [Amended 10-12-2000 by Ord. No. 1.00]  

MANUFACTURED HOME — A dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a HUD label or insignia certifying that it is built in compliance with federal manufactured housing construction standards. (Reference 42 U.S.C. § 5401.)  

MOBILE COACH — A transportable single-family dwelling unit which is or may be mounted on wheels, suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing and which was manufactured after June 15, 1976, according to HUD standards.  

MOBILE HOME — 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.  

MOBILE HOME LOT — A parcel of land in a mobile home park of not less than 5,000 square feet and designed for the placement of one mobile home.  

MOBILE HOME PARK — Any park, court, plot, parcel or tract of land of at least five acres in size owned by a person, state government or a local government and which is designed, maintained, intended or used for the purpose of accommodating more than one mobile home, mobile coach or manufactured home, and shall include all buildings used or intended for use in conjunction therewith. Mobile home parks are intended to be used to protect property owners' values. However, mobile home parks shall not include automobile, motor home or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale. Also excluded are farms where the occupants of the mobile homes work on the farm or are related to the farm owner or operator as father, mother, son, daughter, brother or sister.  

MOTEL — A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.  

NONCONFORMING STRUCTURE — Any structure lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which structurally does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.  

NONCONFORMING USE — A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto which use or occupancy does not conform to the regulations of this chapter or amendments thereto.  

OCCUPANCY — The residing of an individual or individuals overnight in a dwelling unit or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.  

OCCUPANT — The individual or individuals in actual possession of a premises.  

PARKING AREA — An area other than a street used for the temporary parking of motor vehicles.  

PRINCIPAL USE OR BUILDING — The main use of the land or building(s) as distinguished from an incidental and subordinate accessory use of land or building(s).  

PROFESSIONAL OFFICE — The office of a doctor, surveyor, planner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or a member of a recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation and not more than 25% of the floor area excluding the garage; only one story of a dwelling unit shall be occupied by such office; only one nonresident person shall be employed; and only one unlighted nameplate, not exceeding three square feet in area, containing the name and profession of the occupant of the premises shall be exhibited. [Amended 10-12-2000 by Ord. No. 1.00]  

PUBLIC AND SEMIPUBLIC USES — Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, public, private and parochial preschool, elementary and secondary schools and churches, cemeteries, private clubs and lodges and public storage garages.  

RECREATIONAL VEHICLE — A vehicular unit designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper or motor home.  

SETBACK — The minimum horizontal distance between the lot line and the nearest point of the building or structure foundation, excluding uncovered steps. A cantilever of windows, fireplaces or similar structures are allowed but shall not extend horizontally greater than two feet from the foundation and shall not exceed 25% of the building wall. [Amended 5-9-2002 by Ord. No. 2.02]  

SETBACK LINES — Lines established along highways and streets at specified distances from the right-of-way line, which 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 line means between the setback lines and the highway or street.  

SIGN — See Article XII, Signs, Awnings, Canopies and Billboards, § 195-33. [Amended 10-12-2000 by Ord. No. 1.00]  

STORY — That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.  

STORY, HALF — The space under any roof except a flat roof which, if occupied for residential purposes, shall be counted as a full story.  

STREET — All property dedicated or intended for public street purposes.  

STREET LINE — A dividing line between a lot, tract or parcel of land and a contiguous street.  

STRUCTURAL ALTERATIONS — Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.  

STRUCTURE — Anything constructed or erected which is not readily or usually relocated and moved, the use of which requires a permanent location on the ground, or attached to something having a permanent location on the ground.  

SWIMMING POOL — A body of water or an outdoor structure containing a body of water in a receptacle or other container (including hot tubs, landscape pools, ponds or water features) having a depth for water at any point greater than 1 1/2 feet located above or below the ground surface elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. [Amended 1-12-2006 by Ord. No. 8.05]  

TEMPORARY STRUCTURE — A movable structure not designed for human occupancy nor for the protection of goods or chattels and forming an enclosure.  

TRAFFIC LANE — A strip of roadway intended to accommodate a single line of moving vehicles.  

YARD — An open space on the same lot with or without a structure, unoccupied and unobstructed from the ground upward except for vegetation and as otherwise provided herein. The front and rear yards extend the full width of the lot. [Amended 10-12-2000 by Ord. No. 1.00]  

YARD, FRONT — A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps. On a corner lot, the front yard will be the yard with street address.  

YARD, REAR — A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.  

YARD, REQUIRED REAR — See "yard, rear." [Added 7-13-2006 by Ord. No. 7.06]  

YARD, SIDE — A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and side lot line.   

ARTICLE III

Residential Districts

§ 195-10.  R-1 New Single-Family Residential District. 

A.     Purpose. The R-1 District is intended to provide for single-family residential land uses in newer urban areas served by public sewers. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses and is for the exclusive location of single-family dwellings. 

B.     Permitted uses. The following uses are permitted within an R-1 District: 

(1)    Single-family dwellings; 

(2)    Accessory buildings not exceeding an area of more than 30% of the required rear yard; and 

(3)    Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.   

C.     Requirements. In order to be considered a conforming lot or structure within an R-1 District, a lot or structure must: 

(1)    Have a minimum lot size of 9,000 square feet and a minimum lot width of 80 feet; 

(2)    Have a front yard setback of 25 feet, a rear yard setback of 25 feet and a side yard setback of 10 feet; 

(3)    Have a minimum living area of 900 square feet in the principal building; 

(4)    Not exceed a maximum principal building height of 35 feet; and 

(5)    Have an accessory building side yard setback of three feet, a rear yard setback of three feet and a maximum accessory building height not to exceed 15 feet.   

D.     Conditional uses. The following uses shall be considered conditional uses within an R-1 District: 

(1)    Churches, municipal buildings and public and parochial schools; 

(2)    Public parks and playgrounds; and 

(3)    Sale of hot tubs.     

§ 195-11.  R-2 New Single-Family Residential District. 

A.     Purpose. The R-2 District is intended to provide for single-family dwellings in newer urban areas on larger lots. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences. 

B.     Permitted uses. The following uses are permitted within an R-2 District: 

(1)    Single-family dwellings; 

(2)    Accessory buildings not exceeding an area of more than 30% of the required rear yard; and 

(3)    Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.   

C.     Requirements. In order to be considered a conforming lot or structure within an R-2 District, a lot or structure must: 

(1)    Have a minimum lot size of 14,000 square feet and a minimum lot width of 90 feet; 

(2)    Have a front yard setback of 30 feet, a rear yard setback of 50 feet and a side yard setback of 10 feet; 

(3)    Have a minimum living area of 900 square feet in the principal building;