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Chapter 18. General Zoning Ordinance

Sec. 18-65. Accessory Land Uses and Structures

(1) Minor Home Occupation: Economic activities performed within a single family detached residence. Examples include personal and professional services and handicrafts. Minor Home Occupations are intended to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a business district. Minor Home Occupations are limited to low intensity service-oriented businesses and businesses with a minimal number of short customer visits. This land use shall not include parking a work vehicle at a residence. This section shall not limit an individual that does not have a home occupation from bringing home their work vehicles. Private home or personal items events (such as Tupperware and Mary Kay parties) are exempt from the requirements of this section.

Regulations:

(a) The Minor Home Occupation shall be conducted only within the enclosed area of the dwelling unit or garage.

(b) There shall be no exterior evidence of the Minor Home Occupation, no exterior alterations which change the character of the structure as a single family dwelling unit, and no signage identifying the Home Occupation.

(c) There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the Home Occupation.

(d) All vehicles and equipment stored onsite and shall be limited to a total of one vehicle and one trailer.

(e) Except for one vehicle and one trailer, no storage or display of materials, goods, supplies, or equipment related to the operation of the Minor Home Occupation shall be visible outside any structure located on the premises.

(f) Minor Home Occupations shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(g) Minor Home Occupations may occupy no more than 10 percent of the floor area of the dwelling unit.

(h) Detached accessory buildings may only be used for storage and are not counted against the 10 percent allowance.

(i) Minor Home Occupations shall be carried out only by members of the immediate family residing on the premises.

(j) No structural alterations or construction involving features not customarily found in dwellings are allowed.

(k) Minor Home Occupations shall not involve manufacturing, processing, gunsmithing, the repair or dismantling of appliances, vehicles, or motors or construction of equipment and machinery.

(l) No Minor Home Occupation shall endanger the public health and safety and shall not interfere with other parcels in the neighborhood.

(m) No article may be sold or offered for sale on the premises; samples and goods may be kept, but not sold on the premises. Internet sales are permitted and are not be considered a Home Occupation.

(n) Sale or transfer of the property shall cause the conditional use permit to be null and void.

(o) Minimum required parking: No additional spaces required for Minor Home Occupations.

(2) Conditional Home Occupation: Conditional Home Occupations are intended to provide greater flexibility than Minor Home Occupations in terms of number of employees, number of customer visits, and allowable occupations. For example, retail trade may be conducted in a Conditional Home Occupation, whereas Minor Home Occupations are limited to service-oriented businesses and businesses that do not generate customer visits. This land use shall not include parking a work vehicle at a residence. This section shall not limit an individual that does not have a home occupation from bringing home their work vehicles. Conditional Home Occupations require a Conditional Use Permit and must be reviewed by the Building Inspector prior to review of the Plan Commission.

Regulations:

(a) The Conditional Home Occupation shall be conducted only within the enclosed area of the dwelling unit or garage.

(b) There shall be no exterior alterations which change the character of the structure as a single family dwelling unit and/or exterior evidence of the Conditional Home Occupation, other than those signs permitted in the district.

(c) All vehicles and equipment stored onsite and shall be limited to a total of one vehicle and one trailer.

(d) Except for one vehicle and one trailer, no storage or display of materials, goods, supplies, or equipment related to the operation of the Conditional Home Occupation shall be visible outside any structure located on the premises.

(e) There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the Conditional Home Occupation.

(f) The Plan Commission may grant exceptions to any of the above requirements (a) through (e).

(g) Conditional Home Occupations may occupy no more than 50 percent of the floor area of the dwelling unit including the garage.

(h) Conditional Home Occupation dwellings are limited to be a maximum of 3,000 square feet including the basement.

(i) Conditional Home Occupations may employ one employee not residing at the home.

(j) Under no circumstances shall a vehicle repair shop or body work business qualify as a Conditional Home Occupation.

(k) No Conditional Home Occupation shall endanger the public health and safety and shall not interfere with other parcels in the neighborhood.

(l) Minimum required parking shall be reviewed at the time of conditional use permit review.

(m) Conditional Home Occupations shall meet International Building Code requirements.

(3) In-Home Daycare: Occupied residences in which a qualified person or persons provide childcare for 4 to 8 children. The care of less than 4 children is not subject to the regulations of this Chapter. State Law Reference: Section 66.1017(1)(a), Wisconsin Statutes.

(4) In-Family Suite: An area within a dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, and sleeping areas, including exterior porches, patios, and decks. In addition to the required internal physical connection, separate outdoor access or separate access to the garage may be provided. However, external stairs serving as the primary access to the In-Family Suite are prohibited.

Regulations:

(a) In-Family Suites may not be occupied by a non-family member.

(b) In-Family Suites should be considered and regulated as part of a single family dwelling unit.

(c) The principal dwelling unit and the In-Family Suite shall together appear as a single family dwelling.

(d) A separate walled garage area or driveway is not permitted.

(e) A separate address for the In-Family Suite is not permitted.

(f) A separate utility connection or meters are not permitted.

(g) A physical all-weather connection between the main living area and the In-Family Suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other non-living area. A door may be used to separate the In-Family Suite from the principal dwelling, but may not be locking, except that a locking door may be used for the bedroom and bathroom doors of the In-Family Suite.

(h) When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an In-Family Suite, the building plan shall be marked as "not a separate dwelling unit or apartment," and a signed letter from the applicant stating agreement with this condition shall be filed.

(5) Accessory Dwelling Unit: Residential dwelling unit located on the same lot as a single family dwelling unit, either in the same building as the single family dwelling unit or in a detached building.

Regulations:

(a) The number of occupants of the Accessory Dwelling Unit shall not exceed one family plus one roomer or 2 unrelated individuals.

(b) Additional entrances shall not be added to the front elevation of an existing building, but may be added to side or rear or street side elevations.

(c) Accessory Dwelling Units shall adhere to the setback requirements and standards for the underlying zoning district.

(d) Accessory Dwelling Unit entryways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.

(e) For Accessory Dwelling Units located on the same lot as a single family dwelling unit, the following additional regulations shall apply:

1. Principal building must be owner-occupied.

2. The Accessory Dwelling Unit shall not be sold separately from the principal dwelling.

3. The maximum size of an Accessory Dwelling Unit shall not exceed 75 percent of the principal dwelling's floor area, up to a maximum size of 700 square feet.

4. The appearance or character of the principal building must not be significantly altered so that its appearance is no longer that of a single family dwelling.

5. The exterior finish material must match in type, size and placement, the exterior finish material of the principal dwelling unit.

6. The roof pitch must match the predominant roof pitch of the principal dwelling unit or structure.

7. Trim must match the trim used on the principal dwelling unit.

8. Projecting eaves must match those of the principal dwelling unit or structure.

9. Windows must match those in the principal dwelling unit in both proportion (relationship of width to height) and orientation (horizontal or vertical).

(6) Farm Residence: A Farm Residence is a single family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Section 18-56.

(7) Migrant Employee Housing: Migrant Employee Housing include any facility subject to the regulation of Wisconsin Statutes, Section 103.90(3)(a).

Regulations:

(a) Migrant Employee Housing shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines abutting all properties in residential, office, or business zoning districts.

(b) Migrant Employee Housing shall be an accessory use to an active principal land use and under the same ownership.

(8) Residential Accessory Building: Structures primarily used to shelter parked passenger vehicles (including garages and carports) or to store residential maintenance equipment of the subject property (such as a shed).

Regulations:

(a) Three total buildings shall be permitted by right.

(b) The accessory building area shall not exceed the ground floor area of the principal building used for residence. Split-level homes and multi-story homes may include the living space above the garage when calculating the ground floor area.

(c) Residential Accessory Buildings up to 1,200 square feet of gross ground floor area are permitted by right for single family dwellings.

(d) Residential Accessory Buildings up to 900 square feet of gross ground floor area per unit are permitted by right for buildings with two dwelling units or greater.

(e) The measurement of accessory building size shall include the total of all detached or attached accessory buildings on the lot. Portions of an attached garage not used for storage, but physically separated from the rest of the garage are not counted towards the accessory building space such as a workshop or basement access. Accessory uses and structures listed in Section 18-65(10)-(19) are not counted towards the 1,200 or 900 square foot allowance.

(f) See Article II for accessory building maximum building heights and district setbacks.

(g) A conditional use permit is required for exceptions to any of the above regulations.

(h) Separation from principal dwelling units. Detached accessory buildings shall be located a minimum of 6 feet from a residential dwelling unit on the same lot, except where the structure will be constructed to fire-rating standards of the Uniform Dwelling Code. If the fire-rating standard is met, an accessory building may be located closer than 6 feet and still be considered detached. Minor attachments may be located in the required separation area and do not render the structures attached for setback purposes.

(i) Garage setbacks on corner lots.

1. For lots 50 feet wide and less, the street side setback of a garage may be reduced to no less than 17 feet.

2. For lots more than 50 feet wide, the street side setback of a garage may be reduced to no less than 20 feet.

(j) Detached accessory building setback.

1. All detached accessory buildings shall be set back at least 3 feet from all side yard property lot lines and at least 5 feet from all rear yard property lines unless greater setbacks are required in other sections of this Chapter.

2. Detached accessory buildings are not permitted in the required front or street side yards unless reconstructed on the same footprint existing at the time of adoption of this Chapter.

3. In those instances where the rear or side lot line is coterminous with an alley right-of-way, the Minimum Garage Setback to Alley requirements of the district shall apply.

(k) Accessory buildings attached to principal buildings. When an accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this chapter applicable to principal buildings except where encroachments are specifically allowed elsewhere in this chapter.

(9) Nonresidential Accessory Building: Buildings primarily used to shelter business vehicles or to store maintenance equipment of the subject property. Accessory buildings and uses for public facilities are exempt from the regulations listed below.

Regulations:

(a) Three total buildings shall be permitted by right.

(b) See Article II for maximum accessory building heights and district setbacks.

(c) A conditional use permit is required for exceptions to any of the above regulations.

(d) Garage setbacks on corner lots.

1. For lots 50 feet wide and less, the street side setback of a garage may be reduced to no less than 17 feet.

2. For lots more than 50 feet wide, the average setback of the 4, or fewer, nearest buildings may be used to determine the street side setback of a garage, but in no case shall the reduced setback be less than 20 feet.

(e) Detached accessory building setback.

1. All accessory buildings shall be set back at least 3 feet from all side yard property lot lines and at least 5 feet from all rear yard property lines unless greater setbacks are required in other sections of this Chapter.

2. Detached accessory buildings are not permitted in the required front or street side yards unless reconstructed on the same footprint existing at the time of adoption of this Chapter.

3. In those instances where the rear or side lot line is coterminous with an alley right-of-way, the Minimum Garage Setback to Alley requirements of the district shall apply.

(f) Accessory buildings attached to principal buildings. When an accessory building is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this chapter applicable to principal buildings except where encroachments are specifically allowed elsewhere in this chapter.

(10) Recreational Facility: This land use includes all active outdoor recreational facilities. Common examples include swing sets, tree houses, play houses, basketball courts, tennis courts, swimming pools, recreation-type equipment, pavilions, and other recreational facilities in public parks.

Regulations:

(a) All private recreation facilities and their attendant structures shall comply with the bulk requirements for accessory buildings.

(b) Materials and lighting at said property line are to be equal to or less than 0.5 footcandles (see Section 18-104).

(c) Swimming pools shall be regulated by the performance standards provided in Section 18-107.

(11) Deck: A structure that has no roof or walls and is considered part of a building or structure. Setbacks shall be measured from the post of the deck.

Regulations:

(a) Decks that exceed 18 inches in height from grade and are attached to the principal structure are subject to the setback regulations for the principal structure.

(b) Decks and those lower than 18 inches above grade are subject to the setback regulations of a detached accessory building unless otherwise allowed by other sections of this Chapter (i.e. encroachments into the required setbacks).

(12) Landscape Feature: This land use includes features such as little libraries, ponds, gazebos, pergolas, patios, retaining walls, and other manmade lawn and landscaping elements.

Regulations:

(a) All Landscape Features shall be setback a minimum of 3 feet from the property line, except retaining walls, which may be located up to the property line.

(13) Residential Kennel: An enclosed structure designed for the keeping of dogs and/or cats that is accessory to a residential use.

Regulations:

(a) Outdoor containments for dogs and/or cats shall be subject to the setback requirements for accessory buildings for the district in which they are located.

(14) Residential Stable: An accessory building that is designed for the keeping of equines for the private use of the occupants of the principal dwelling and their guests, but in no event for hire.

Regulations:

(a) Outdoor containments for equines shall be located a minimum of 25 feet from any residentially zoned property.

(b) A minimum lot area of 175,000 square feet (4 acres) is required for a private residential stable.

(c) A maximum of one horse per 2 acres of fully enclosed (by fencing and/or structures) area is permitted.

(d) The minimum permitted size of horse or similar animal stall shall be 100 square feet.

(15) Outdoor Wood Boiler: An outdoor accessory structure designed to heat air or liquid through a wood fire and then transmit that heated air or water to the principal building for direct use and/or heating the principal building.

Regulations:

(a) The outdoor wood boiler shall be set back from all property lines and roads a distance equal to the minimum required yards for principal buildings.

(b) The outdoor wood boiler shall be separated by at least 200 feet from any dwelling unit on an abutting property.

(16) On-Site Parking: On-Site Parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operable.

Regulations:

(a) Access and vehicular circulation shall be designed to discourage cut-through traffic.

(17) Company Cafeteria: A food service operation which provides food only to company employees and their guests.

Regulations:

(a) Company Cafeterias shall meet state food service requirements.

(b) Company Cafeterias shall be located on the same property as a principal land use engaged in an operation other than food service.

(18) Onsite Ancillary Use: Uses incidental to the principal uses, including the sale and display of merchandise or equipment outside of an enclosed building, retail sales, and light industrial activities.

Regulations:

(a) Ancillary uses shall not exceed 25 percent of gross floor area of principal building on the site.

(b) Minimum required parking: Adequate parking, per the requirements of similar uses, shall be provided for customers. Said parking shall be in addition to that required for the principal land use.

(Code 1982, 17.08; Ord. No. 1012, 1, 3-9-2004; Ord. No. 1087, 1, 11-14-2006; Ord. No. 1094, 1, 6-26-2007; Ord. No. 1220, 1, 2-28-2012; Ord. No. 1220, 1, 2-28-2012)