Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010    Interpretation, purpose, and authority.

17.04.020    Definitions.

17.04.030    Compliance with title provisions.

17.04.010 Interpretation, purpose, and authority.

A.    Purpose. The provisions of this title shall be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the city. Among other purposes, such provisions are intended to provide for adequate light, air, convenience of access, and safety from fire and other dangers; to promote the safety and efficiency of the public streets and highways, to aid in conserving and stabilizing the economic values of the community; to guide the proper distribution and location of population and of the various land uses; and otherwise provide for the healthy and prosperous growth of the community. The purposes of this title are also intended to provide, in districts other than single-family residences, for a variety of uses among contiguous and nearby sites and to avoid concentrations of similar or identical uses on such sites.

B.    Scope. It is not intended by this title 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, where this title 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 title shall govern.

C.    Authority. The regulations in this title are adopted under the authority granted by Sections 62.23(7), 62.231, 62.234, and 87.30, Wisconsin Statutes, as amended. (Ord. 2606-20 § 1, 2020; prior code § 17.01)

17.04.020 Definitions.

For the purpose of this title and when not inconsistent with the context, words used here in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word “person” may be taken for persons, associations, copartnership or corporation; the word “structure” includes buildings; the word “occupied” includes designed or intended to be occupied; the word “used” includes designed or intended to be used; the word “shall” is always mandatory and not merely permissive. For the purposes of this title, certain words and phrases shall be defined as follows:

“2.0-story” means a building with a full first floor and a full second floor.

“2.5-story” means a building with a full first floor, a full second floor, and a partial third floor where the habitable floor area is approximately half of the building footprint. (See also “half story.”)

“Addition” means any new construction performed on a dwelling, building or structure which increases the outside dimensions of the dwelling, building or structure.

“Adult day care center” means the same as in Section 49.45(47)(a), Wisconsin Statutes, as amended.

“Adult family home” means the same as in Section 50.01(1), Wisconsin Statutes, as amended.

“Alley” means a public right-of-way affording secondary vehicular access to abutting property.

“Alteration” means a material change or modification other than an addition or repair to a dwelling or to systems involved within a dwelling.

“Animal hospital/clinic” and/or “veterinary hospital/clinic” means a facility wherein veterinary medicine is practiced, but limited to the application of medical, surgical, public health, dental, diagnostic and therapeutic principles to nonhuman animals, companion/exotic animals and wildlife but excluding domesticated animals, livestock and working animals as well as the boarding of nonhuman animals as a gainful occupation.

“Animal hospice” means a facility providing palliative (comfort-oriented rather than cure-oriented) care until the animal dies or until the caregiver makes the decision to euthanize the animal.

“Animal shelter/rescue” and/or “humane society” means a facility where unwanted, stray or abandoned animals are temporarily boarded in anticipation of placement with a new owner. Services may include behavior training, grooming, boarding, veterinary medicine, spaying/neutering and education programs.

“Apartment” means a suite of rooms or a room in a multiple dwelling which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals.

Apartment House. See “Multiple-family dwelling.”

“Architectural feature” means an element of a building that exists to provide interest in the appearance of the building facade.

“Auditorium” means a large room or building for public meetings or performances.

“Automobile,” when used in the term “automobile dealerships,” means an automobile or station wagon capable of being registered by the state of Wisconsin at a gross weight of not more than eight thousand (8,000) pounds. See Section 341.35, Wisconsin Statutes.

“Automobile dealerships; new or used vehicles” means the use of any building, land area or other premises for the business of display, sale or lease of new or used automobiles, and other related operations on the same premises, including repairs; vehicle servicing; sale of replacement parts, tires, batteries and automotive accessories; and storage and/or parking of inventory and/or automobiles awaiting work or delivery.

“Base setback line” means the ultimate street line, as established by Section 17.112.010(A), and from which all required setbacks shall be computed.

“Basement” means a portion of a residential building partially or fully underground which, if defined as a story, shall be counted in the measurement of building height and floor area. A portion of a nonresidential building partially or fully underground which, if defined as a story, shall be counted in the measurement of building height or which, if occupied for other than storage or mechanical equipment or parking of vehicles, shall be counted in the measurement of floor area.

“Bed and breakfast establishment” means the same as in Wisconsin Administrative Code Section ATCP 73.03(3), as amended.

“Board” or “boarding” means to feed and/or shelter.

“Boarding house” means a building or premises where meals or meals and lodging are offered for compensation for five or more persons, but not more than twelve (12) persons, and having no more than five sleeping rooms for this purpose. An establishment where meals are served for compensation for more than twelve (12) persons shall be deemed a restaurant. An establishment with more than five sleeping rooms shall be deemed a hotel.

“Boathouse” means any structure designed for the purpose of protecting or storing of boats used in conjunction with a residence for noncommercial purposes and located on the same lot as the principal building and not for human habitation.

“Building” means any structure used, designed or intended for the protection, shelter or enclosure of persons, animals or property.

Building, Accessory. “Accessory building” means buildings or portions of buildings, subordinate to the principal building and used for a purpose customarily incident to the permitted use of the principal building.

Building, Height of. “Height of building” means the vertical distance from the average established street grade 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 or a gambrel, hip or pitch roof.

Building, Principal. “Principal building” means any of one or more main buildings on a lot intended for primary use as permitted by the district in which it is located.

“Build-to line” means a line that a street-facing facade must be built to.

“Child care center” means the same as in Section 49.136(1)(ad), Wisconsin Statutes, as amended.

“Club” means an organization that is operated solely for a recreational, fraternal, sororal, social, patriotic, political, benevolent, or athletic purpose, but not monetary gain, of which membership is required for participation.

“Co-housing” means a residential building or arrangement of buildings on a property in which individual dwellings are attached, semidetached, or fully detached in a cluster and share some common facilities or amenities, such as parking, open space, gardens, workshops, kitchens, laundry, workspace, and recreational areas. Residents are communally responsible for managing the community.

“Columbarium” means a structure of vaults with recesses for cinerary urns.

“Commercial kennel” means an establishment where dogs, cats, companion or exotic animals are raised, bred, boarded or cared for as a gainful occupation.

“Community-based residential facility” means the same as in Section 50.01(1g), Wisconsin Statutes, as amended.

“Community center” means a place where people can meet for social, educational, or recreational activities.

“Companion/exotic animals” means pets such as birds, reptiles, amphibians, fish and exotic mammals.

“Crematory” means a building or portion of a building within which human remains are heated to reduce them to bone fragments and for which the state of Wisconsin has registered as a crematory authority pursuant to Section 440.71, Wisconsin Statutes.

“Dance hall” means a place or room for dancing that is open to the public. It does not include places that are used solely as schools for dance instruction, spaces for dance rehearsal, or spaces for recitals under supervision of a dance instructor or teacher.

“Delivery service” means the ordering of items takes place from outside the establishment, and an employee of the establishment brings the items to the customer.

“District” means a section of the city for which the regulations governing the height, area and the use of building and premises are the same.

“Drive-thru” means the ordering and pickup of items takes place from an automobile.

“Duplex residence” means a two-family dwelling. A duplex shall be considered a multifamily structure for purposes of site plan approval requirements under Chapter 17.100 and for any other purposes of this title where a differentiation is made between a single-family residence and multifamily residence.

Dwelling, Multiple-Family. “Multiple-family dwelling” means a building containing two or more dwelling units, including units that are located one over the other or units that share a common wall in a semidetached dwelling arrangement.

Dwelling, One-Family. “One-family dwelling” means a detached building designed for and occupied exclusively by one family.

Dwelling, Semidetached. “Semidetached dwelling” means a dwelling that shares one common wall with another dwelling, paired and built as a single residential building. Semidetached dwellings are considered duplex residences for the purposes of this title where a differentiation is made between a single-family residence and multifamily residence.

“Emergency animal hospital/clinic” and/or “emergency veterinary hospital/clinic” means a facility engaging in animal hospital/clinic and/or veterinary hospital/clinic services between the hours of nine p.m. and eight a.m.

“Family” means one or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit exclusive of household servants. A number of persons, but not exceeding two, living together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family. “Adoption,” as herein defined, means persons who are in a bona fide process of adoption.

Farm, Fur. “Fur farm” means a tract of land devoted in whole or part to the commercial raising of animals for the fur.

Farm, Poultry. “Poultry farm” means a tract of land devoted principally to the production of poultry for eggs or meat for commercial purposes.

Festival, Community or Church. “Community or church festival” means a recreational, social, educational or cultural activity, open to the public or a designated part of the public, operated by a public or nonprofit group or agency.

“Floor area ratio (FAR)” is used to indicate the total floor area of a principal building or buildings allowed on a given lot, expressed as a percentage ratio to the total area of the lot; i.e., an FAR of one hundred (100) percent allows a floor area equal to the total area of the lot, FAR of fifty (50) percent allows a floor area of one-half the total area of the lot, etc. A floor area ratio of fifty (50) percent could be applied to a one-story building occupying fifty (50) percent of the lot or a two-story building occupying twenty-five (25) percent of the lot.

“Food service” means a retail bakery, confectionery store, delicatessen, fruit and vegetable market, ice cream store, meat and fish market, bagel store, or coffee/espresso bar, which may have certain operational restrictions based upon the zoning district within which it is located, including the potential for allowing a drive-thru, pickup window, delivery service or outdoor seating.

“Frontage” means all the property abutting 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.

“Funeral home” means the same as in Section 445.02(6), Wisconsin Statutes, as amended, and for which the state of Wisconsin has issued a funeral establishment permit pursuant to Section 445.105, Wisconsin Statutes, as amended.

Garage, Attached Private. An “attached private garage” is an enclosed structure that has fifty (50) percent or more of one firewall in common with the dwelling on the site. An attached garage is an accessory building.

Garage, Detached Private. A “detached private garage” is an enclosed structure that is separated from the dwelling on the site. A detached garage is an accessory building.

Garage, Private. A “private garage” is an enclosed accessory building, attached to or detached from a dwelling, where private vehicles, recreational, yard maintenance and hobby equipment is kept for storage purposes only and wherein such use is accessory to the residential use of the property on which it is located.

Garage, Public. “Public garage” means any building or premises other than a private or a storage garage where motor driven vehicles are equipped, repaired, serviced, hired, sold or stored for monetary gain as a business.

Garage, Storage. “Storage garage” means any building or premises used for the storage only of motor driven vehicles, pursuant to previous arrangements and not to transients and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold for monetary gain as a business.

Grade, Established. “Established grade” is the elevation of the finished street at the centerline or curb as fixed by the city engineer or by such authority as shall be authorized by law to determine such an elevation.

“Half story” means a third floor of a building with the square footage of approximately half the first floor. (See also “2.5-story.”)

“Health clinic” means a medical establishment run by several specialists working in cooperation and sharing the same facilities, not including facilities for overnight residence.

Highway. Same as “traffic artery.”

“Home occupation” means a gainful occupation conducted by members of the family only within its place of residence where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation.

“Hospital” means the same as in Section 50.33(2), Wisconsin Statutes, as amended.

“Hotel” means the same as in Wisconsin Administrative Code Section ATCP 72.03(11), as amended.

Kennel, Commercial. “Commercial kennel” means an establishment where dogs or other household pets are raised, bred, boarded or cared for as a gainful occupation.

“Landscape” or “landscaping” means grasses, ponds, rain gardens, gardens, ground cover, plantings, planting beds, trees, berms, swales, and shrubs. Green roofs, pervious pavements, permeable pavement systems, buildings, and structures shall not be considered a landscape or landscaping.

“Landscape surface ratio” means the percentage of the lot devoted to landscaping.

“Land split” is as defined in Title 16.

“Limited food establishment” means a food service business, including a retail bakery, confectionery store, delicatessen, fruit and vegetable market, ice cream store, meat and fish market, soda fountain store, bagel store, or coffee/espresso bar, which may have certain operational restrictions based upon the zoning district within which it is located, including the potential for allowing a drive-thru, pickup window or delivery service in the B-2 General Business District or B-3 Regional Business District.

“Live-work housing” means a building or arrangement of buildings on a property combining residential living spaces with commercial spaces where the owner(s) or tenant(s) of the commercial spaces reside in the residential living spaces.

“Lodging house” means a building where lodging only is provided for compensation and having not more than five sleeping rooms for this purpose.

“Lot” means a parcel of land having a width and depth sufficient to provide the space necessary for one or more principal buildings and any accessory buildings, together with the open spaces required by this chapter, and abutting on a public street or officially approved way.

“Lot area” means the area of continuous land bounded by lot lines, exclusive of land provided for public thoroughfare. Floodplain and wetland preservation districts are excluded from lot area calculations except for as provided in Section 17.116.010(C)(3).

Lot Coverage, Nonresidential. “Nonresidential lot coverage” means the amount of lot area that may be covered with both principal and accessory buildings, impervious accessory uses and all impervious surfaces such as driveways, parking surfaces and loading areas on a nonresidential lot.

Lot Coverage, Residential. “Residential lot coverage” means the amount of lot area that may be covered with both principal and accessory buildings on a residential lot.

Lot, Corner. “Corner lot” means a lot abutting on two or more streets at their intersection; provided, that the interior angle of such intersection is less than one hundred thirty-five (135) degrees.

Lot, Depth of. “Depth of lot” means the mean horizontal distance between the front and rear lot lines.

Lot, Interior. “Interior lot” means a lot other than a corner lot.

Lot Line, Rear. “Rear lot line” means a lot line common to two or more adjoining lots and extending between two side lot lines.

Lot Line, Side. “Side lot line” means a lot line common to two or more adjoining lots and extending from the street toward the rear of the lot.

“Lot lines” means the lines bounding a lot as defined herein.

Lot, Through. “Through lot” means an interior lot having frontage on two streets.

“Lot width” is a width of one hundred thirty (130) feet at the fifty (50) foot building setback line.

“Low intensity restaurant” means a sit down restaurant operating from a freestanding building or a multiple-tenant building, serving full course meals for consumption on the premises with the following operational characteristics:

1.    No drive-thru service;

2.    No carry-out service;

3.    No banquet facilities;

4.    No catering service;

5.    Full or partial wait staff service;

6.    Seating capacity (restaurant, bar and outdoor) less than or equal to one hundred (100) persons;

7.    Serving hours (restaurant and bar) as established by the plan commission;

8.    Outdoor seating only by approval of the plan commission.

“Mixed-use” means a building occupied by a combination of two or more of the following: retail, office and/or residential uses.

“Motel” means the same as in Wisconsin Administrative Code Section ATCP 72.03(12), as amended.

“New development” means the construction of a new building or structure not including additions to existing buildings.

“Node” means a designated intersection of major streets or investment area as set forth in a targeted investment area in the city.

“Nonconforming use” means a building or premises lawfully used or occupied on August 1, 1961, or the date of amendments thereto, which use or occupancy does not conform to the regulations of this title or any amendments thereto.

“Nursing home” means the same as in Section 50.01(3), Wisconsin Statutes, as amended.

“Office” means a room, or group of rooms, used for conducting the customary administrative affairs of businesses, services, industries, governments or professionals which is generally furnished with desks, tables, files and communication equipment.

Office or Clinic, Medical. “Medical office or clinic” means the same as “office,” but requires a greater number of parking spaces under Chapter 17.120.

“Officetel” means an office building that also contains apartment units.

“Offset” means the distance between any lot line other than a street lot line and the nearest part of any structure whether it be the roof or enclosed portion of a building or the edge of the paved deck surrounding a swimming pool; except that the building inspector shall allow a variance of not greater than two feet by reason of any roof, overhang or eave.

“Outdoor seating” means the number of chairs that are permitted to be located in approved areas outside a building containing a restaurant, tavern, or limited food establishment, whether or not the chairs are fixed in place or associated with a table, counter or bar. Areas authorized for outdoor seating do not include permission for occupancy by persons except at chairs and are not intended to include occupancy by the incidental placement of a bench or other structure outside a business or by virtue of open space not occupied by a chair. Occupancy of such areas that may be authorized by other city, state or international (IBC) codes does not permit a higher number of occupants than that permitted by this definition.

“Parking space” is an area not less than three hundred (300) square feet set aside for parking purposes.

“Pavement” means a firm, level surface made from concrete, asphalt, stones, or bricks. Pavement does not include sidewalks.

“Person” means any person, firm, entity, organization, or corporation.

“Pickup window” means the ordering and pick up of items may take place from outside the establishment, but does not necessarily include a drive-thru service.

“Planning unit” means the particular area in which the modified suburban overlay applies as designated on the applicable matrix and map.

“Preschool” means a classroom-based educational program for children below the age of six.

“Professional office” means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other similar recognized profession.

“Public buildings,” in the sense of this title, are structures principally of an institutional nature and serving a public need such as churches, hospitals, schools, libraries, museums, post offices, police and fire stations, public utilities and other public services, but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

“Recreational camp” means an establishment consisting of a permanent building or group of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply.

“Regional shopping center” means a shopping center consisting of a minimum of one million (1,000,000) square feet of contiguous leasable area.

“Religious building” or “religious use” means a building where religious activity takes place regardless of the term used by the religion for the building, and includes, but is not limited to, churches, chapels, temples, mosques, synagogues, seminaries, monasteries, convents, retreat centers, rectories, parish houses, and meeting houses.

“Remodel” means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but does not include maintenance, redecoration, reproofing or alteration of mechanical or electrical systems.

“Repair” means the act or process of restoring to original soundness, including, but not limited to, redecorating, refinishing, maintenance, repair or replacement of existing fixtures, systems or equipment.

“Residential care apartment complex” means the same as in Section 50.01(6d), Wisconsin Statutes, as amended.

“Residential care facility” means an adult family home, community-based residential facility, nursing home, or residential care apartment complex.

Restaurant, Casual Dining with Pickup Window. “Casual dining restaurant with pickup window” means an establishment where food and beverages are prepared, served and consumed primarily within the principal building, but also are picked up or served for consumption outside the confines of the restaurant, including outdoor seating. Definition includes an establishment with a maximum of one exterior pickup window or drive-thru lane.

Restaurant, Dine-In. “Dine-in restaurant” means an establishment where food and beverages are prepared, served by wait staff, and consumed within the principal building.

Restaurant, Fast Food with Drive-Thru. “Fast food with drive-thru restaurant” means an establishment where food and beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place through a drive-thru or exterior pickup window.

“Road” is synonymous with “street.”

“Roadside stand” means a farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the sale of the farm products raised on said farm.

“Sand and gravel pits” includes the removal of sand or gravel deposits from the land for commercial purposes regardless of whether or not such operation results in the creation of a depression in the ground.

“School” means the elementary, middle, and high schools supported by public taxation; and private schools, charter schools, or tribal schools, all as defined in Section 115.001(3r), (1), and (15m), Wisconsin Statutes, as amended.

“Setback” means the horizontal distance between the base setback line and the nearest part of any structure whether it be the roof or enclosed portion of a building or the edge of the paved deck surrounding a swimming pool.

“Shopping center” means a group of commercial establishments planned, constructed and managed as a total entity; with an approved plan for customer and employee on-site parking, provisions for goods delivery separate from customer access, aesthetic considerations, protection from the elements, landscaping and signage.

“Sign” means any structure or device displaying advertising in the form of lettering, pictures, symbols or other media.

“Sports venues” means the land, building, equipment, and/or surfaces on parcels for which the primary use of the parcel is for games and sports, including, but not limited to, baseball, softball, hockey, golf courses, golf driving ranges, football, gymnastics, tennis, or soccer. This definition does not include miniature golf.

“Stable” means the same as “detached private garage,” one draft animal or saddle horse being considered the equivalent of one self-propelled vehicle.

“Story” means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

“Street” means a public or private right-of-way affording primary access to abutting property.

“Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street.

Street, Service. “Service street” means a street contiguous and parallel to a traffic artery and affording vehicular access to abutting property.

“Structural alterations” means any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

“Structure” means anything constructed or erected, the use of which requires permanent location on or in the ground (as a swimming pool or sunken sandbox) or attachment to something having a permanent location on or in the ground. “Structure” does not include transportation and pedestrian connections and recreational trails, which are consistent with the goals and objectives of the city master plan or elements thereof.

“Subdivision” is as defined in Title 16.

“Sustained yield forestry” means the management of forested lands to provide annual or periodic crops of forest products.

“Targeted investment area” means one of the areas identified in the city comprehensive plan that fosters community reinvestment by supporting new economic development and sustainable, mixed-use redevelopment with sensitivity to surrounding neighborhoods.

“Tavern” means any establishment whose primary purpose is the sale of fermented malt beverages or intoxicating liquors for consumption upon said premises and in which the sale of other products is merely incidental.

“Temporary structure” means a movable structure not designed for human habitation, but for the temporary protection of goods or chattels during a period of construction, but not to exceed one year.

“Temporary use” means a use established for a limited duration with the intent to discontinue use upon the expiration of the limited time period.

“Theater” means a place or building, consisting of a stage and seating, in which an audience gathers to watch plays, musical performances, public ceremonies, or other similar events; or a place or building where people gather to watch movies.

“Tourist home” means the same as in Wisconsin Administrative Code Section ATCP 72.03(20), as amended.

“Traffic artery” means a right-of-way, designated on a comprehensive system, for the principal purpose of providing vehicular thoroughfare and not necessarily affording access to abutting property.

“Trailer camp” means any tract or parcel of land upon which two or more trailers, camp cabins, house cars or other mobilehomes are located or trailer or camp sites are provided for the purpose of either temporary or permanent habitation.

“Vision setback” means an unoccupied triangular space at the street corner of a corner lot, as established by Section 17.112.010(B).

“Wind energy system” means equipment which converts and then transfers or stores energy from the wind into usable forms of energy.

“Zoning issue area” is the geographic description of one property that corresponds to the map and matrix of a particular planning unit. (Ord. 2606-20 § 2, 2020; Ord. 2577-19 § 6, 2019; Ord. 2545-19 § 3, 2019; Ord. 2524-18 § 2, 2018; Ord. 2418-15 § 1, 2015; Ord. 2366-14 § 9, 2014; Ord. 2362-14 § 5, 2014; Ord. 2263-11 § 1, 2011; Ord. 2251-11 §§ 1 – 3, 2011; Ord. 2134-08 § 1, 2008; Ord. 2111-07 § 1, 2007; Ord. 2068-06 § 1, 2006; Ord. 1996-05 § 1, 2005; Ord. 1972-04 § 1, 2003; Ord. 1934 § 1, 2003; Ord. 1885 § 1, 2002; Ord. 1726 § 1, 2000; Ord. 1691 § 1(a), 1999; Ord. 1666 § 1 (part), 1998; Ord. 1616 §§ 2, 3, 1997; prior code § 17.02)

17.04.030 Compliance with title provisions.

Except as may be otherwise specifically provided, the use, size, height and location of buildings or other structures not existing or hereafter erected, converted, enlarged or structurally altered, the provisions of open spaces, and the use of any land shall be in compliance with the regulations established herein for the district in which such land or building is located. (Prior code § 17.03)