[Amended 4-25-2023 by Ord. No. 2668]
For the purpose of this chapter, the following definitions shall
be used. Words used in the present tense include the future; the singular
number includes the plural number, and the plural number includes
the singular number. The word "shall" is mandatory and not directory.
Any words not defined in this section shall be presumed to have their
customary dictionary definitions.
Those areas shown on the Official Floodplain Zoning Map which
would be inundated by the regional flood. These areas may be numbered
or unnumbered A Zones. The A Zones may or may not be reflective of
flood profiles, depending on the availability of data for a given
area.
To physically touch or border upon or to share a common property
line or border.
A second dwelling unit integrated with a business that is
located on the same lot as the business. "Accessory dwelling" does
not mean a mobile home, recreational vehicle, or travel trailer.
(As it pertains to floodplain, § 275-65) A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
See "use, accessory" below.
A gross measure of land area equivalent to 43,560 square
feet.
The total area within the lot lines of a lot, excluding any
street right-of-way or ultimate right-of-way, in all districts.
The total area of the property less any land used for private
or public roads and rights-of-way and less 75% of any private conservancy
lands.
Any park or recreational facility that requires grading of
the land, the construction of facilities, or lighting, or is developed
for ballfields.
The public facilities and services necessary to maintain the adopted level of service standards. See § 275-57.
(As it pertains to post-construction stormwater management, § 275-55.1) Maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. "Self-sustaining vegetative cover" includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
The same as "abutting or adjoining."
The determination of the maximum number of permitted dwelling units on any given property shall be determined by multiplying the acreage classified as being in the categories of constrained land as described in § 275-33G(1)(a) by the numerical density factor for that category of constrained land.
Commercial establishments in which a significant portion
of the business is:
To display, sell, have in its possession for sale, offer for
view, publish, disseminate, give, lease, or otherwise deal in any
written or printed matter, pictures, films, sound recordings, machines,
mechanical devices, models, facsimiles, or other material and paraphernalia
depicting sexual conduct or nudity and which excludes minors by reason
of age;
To display for viewing any film or pictures depicting sexual
conduct or nudity and which excludes minors by reason of age; and/or
Where any person appears or performs in a manner depicting sexual
conduct or involving nudity and from which minors are excluded by
reason of age.
A condition that creates, imposes, aggravates, or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site
proposed for development or on an off-site property or facilities.
In agriculture, "agribusiness" is a generic term that refers
to the various businesses involved in food production, including farming
and contract farming, seed supply, farm machinery, wholesale and distribution,
processing, marketing, and retail sales. The term has two distinctly
different connotations depending on context.
Agricultural use shall be defined by the Assessor's
office in accordance with the Wisconsin Department of Revenue's
Agricultural Assessment Guide for Wisconsin Property Owners.
See "area of shallow flooding."
A public or private right-of-way, shown on a plat, which
provides secondary access to a lot, block, or parcel of land.
A special, minor public right-of-way affording only secondary
access to abutting properties.
An enhancement, upgrading or substantial change or modification,
other than an addition or repair, to a dwelling or to electrical,
plumbing, heating, ventilating, air-conditioning and other systems
within a structure.
Any addition, deletion, or revision of the text of this chapter
or to the Official Zoning Map, adopted after public hearings.
A device designed to transmit or receive broadcasts either
through over-the-air signals from transmitters, including fixed television
or radio signals, or microwave signals from earth-orbiting communications
satellites.
[As it pertains to mobile tower siting regulations § 275-41C(16)] Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
A dish-shaped antenna designed to receive television broadcasts
relayed by signals from earth-orbiting communications satellites.
Any antenna designed to receive television and radio signals
relayed from one ground location to another ground location. Such
antennas are typically mounted on a freestanding tower or supported
on the rooftop of a structure.
See "area of shallow flooding."
(As it pertains to nonmetallic mining, § 275-63) A nonmetallic mining reclamation ordinance, including this chapter, that applies to a particular nonmetallic mining site and complies with the requirements of Ch. NR 135, Wis. Adm. Code, and Subchapter I of Ch. 295, Wis. Stats., unless the Wisconsin Department of Natural Resources is the regulatory authority as defined in Subsection (20)(b)3. If the Wisconsin Department of Natural Resources is the regulatory authority, "applicable reclamation ordinance" means the relevant and applicable provisions of Ch. NR 135, Wis. Adm. Code.
Unless otherwise specified, an owner or other person with
a legal property interest, including a subdivider, developer, or other
agent of the landowner, who has filed an application for subdivision
or development.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] An application for a permit under this section to engage in an activity specified in this section.
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet, where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flood may be evident. Such flooding is characterized
by ponding or sheet flow.
See "street, arterial" below.
Farms that specialize in the creation of specialty products
or farming, such as wine-making, cheese-making, honey production,
berry production, etc.
Residences for the elderly that provide rooms, meals, personal
care, and supervision of self-administered medication. They may provide
additional services, such as recreational activities, financial services,
and transportation.
(As it pertains to post-construction stormwater management, § 275-55.1) The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
The retail sales of unleaded and diesel gasoline.
(As it pertains to construction site erosion control, § 275-55.2) A calendar year of precipitation, excluding snow, which is considered typical.
(As it pertains to post-construction stormwater management, § 275-55.1) A typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
A temporary or removable structure constructed of canvas,
wood, or metal, extending over a window, door, patio, or deck as protection
against sun or rain. Permanent overhangs or structures over windows,
doors, patios, decks or driveways, or awnings with vertical attachments
to the ground, are canopies, not awnings.
A platform that projects from the wall of a building, is
surrounded by a railing, and has no stair access.
Establishments providing or dispensing, for onsite consumption,
any fermented malt beverage, malt beverage, special malt, or vinous
or spirituous liquors. The sale of food products, including but not
limited to sandwiches and light snacks, may be secondary to the serving
of the aforementioned drinks.
The flood having a 1% chance of being equaled or exceeded
in any given year, as published by FEMA as part of an FIS and depicted
on a FIRM.
The planned right-of-way line as established by the Waukesha
County Jurisdictional Highway Plan or the City of New Berlin Official
Map, whichever is greater.
Any enclosed area of a building having its floor subgrade,
i.e., below ground level, on all sides.
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental,
and in which the only meal served to guests is breakfast.
A private room, 100 square feet or more in area, planned
for sleeping and separable from other rooms by a door. A bedroom is
generally accessible to a bathroom without crossing another bedroom
or living room.
In the context of landscaping, buffer yard, or screening
requirements, a mound of earth typically used to shield, screen, and
buffer undesirable views and to separate potentially incompatible
uses.
An area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site,
except the term does not include commercial sources.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
Any person who manufactures fermented malt beverages for
sale or transportation, except that "brewer" does not include a permittee
under Wis. Stats., § 125.295, as said section may be amended
from time to time.
An entity which manufactures fermented malt beverages for
sale or transportation to the extent authorized under Wis. Stats.,
§ 125.29.
An entity which manufactures fermented malt beverages completely
on premises solely to the extent authorized under Wis. Stats., § 125.295(1)(a),
and which is eligible for a brewpub permit pursuant to Wis. Stats.,
§ 125.295(2)(a), as said sections may be amended from time
to time.
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically separate or screen one use
or property from another use or property to visually shield or block
noise, light, or other potential nuisances.
Any structure, having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials. May be enclosed or open
on one or more sides. A building shall be permanently affixed to the
land.
(As it pertains to floodplain § 275-65) See "structure."
The total area bounded by the exterior walls, as measured
in square feet from the outside surface of the walls, to include only
areas completely enclosed from the elements, having finished interior
walls, ceilings, and floors and having light, ventilation, heating
and other requirements of the Building Code, but not including basements,
garages, porches, breezeways, unfinished attics, and overhangs.
See § 275-45A.
A line parallel to a particular lot line, passing through
the exterior point of the building that is closest to the lot line.
See also "setback line."
The three-dimensional bulk of a building made up of the height,
width and depth.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A permit issued by DCD that authorizes an applicant to conduct construction activity that is consistent with the City of New Berlin and State of Wisconsin building codes.
A building detached from a principal building on the same
lot and customarily incidental or subordinate to the principal building
or use.
A building surrounded by open space and not attached to any
other structure by any means.
A building in which the principal use of the lot on which
it is located is conducted.
(As it pertains to floodplain, § 275-65) A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to § 30.11, Wis. Stats., and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.
An occupation, employment, or enterprise which occupies time,
attention, labor and materials, or wherein merchandise is exhibited
or sold, or where services are offered other than home occupations.
See also "home occupation."
Includes establishments providing executive, management,
administrative, or professional services, including real estate, architecture,
legal, travel, employment, advertising, design, engineering, accounting
and similar uses. Business offices do not include health- or dental-related
services.
(As it pertains to floodplain, § 275-65) Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
(As it pertains to floodplain, § 275-65) Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pickup truck, or tent that is fully licensed, if required, and ready for highway use.
A permanent structure without walls for the purpose of shielding
driveways, sidewalks, or service areas from the elements.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides. See also
"garage, private." This does not include portable or temporary garages
or carports.
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control § 275-55.2) A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the City of New Berlin.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery services.
(As it pertains to floodplain, § 275-65) A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.
Any use that substantially differs from the previous use
of a building or land in terms of, for example, required parking,
landscaping, drainage, and particularly in terms of the new use's
overall effect on the surrounding neighborhood and zoning district
purposes.
A sign on which informational content is manually changed
in the field.
A natural or artificial watercourse or drainageway of perceptible
extent with a definite bed and banks to confine and conduct continuously
or periodically flowing water.
Those attributes, qualities, and features that make up and
distinguish a development project and give such a project a sense
of purpose, function, definition, and uniqueness.
A place of gathering for religious observance, ministry,
and fellowship and related social events and may include classrooms
for periodic religious instruction, and administrative offices. These
facilities are identified as those with a total building footprint
greater than 15,000 square feet or which have accessory uses, which
include, but are not limited to, uses such as banquet facilities,
day school, day-care facilities, retail stores, restaurant, workout
centers/club, gymnasium, health care facilities, assisted-living facilities,
library, and cafe. Community-scale churches shall be a conditional
use in all agricultural, commercial, office and institutional districts,
a principal use in the industrial district and shall be prohibited
in all residential districts.
A place of gathering for religious observance, ministry,
and fellowship and related social events and may include classrooms
for periodic religious instruction, a kitchen, a meeting area principally
for members, and administrative offices. These facilities are identified
as those with a total building footprint of less than 14,999 square
feet. A total building size of equal to or less than 14,999 square
feet shall be considered a principal use within all commercial, industrial,
office and institutional districts and a conditional use in all agricultural
and residential districts.
The City of New Berlin, Waukesha County, Wisconsin.
The Map of Potential Conservation Areas for the City of New
Berlin consists of wetlands (the DNR Bureau of Fisheries Management
and Habitat Protection); floodplains [Federal Emergency Management
Agency (FEMA)]; moderate and steep slopes (the slopes were calculated
from the spot elevations within the City of New Berlin); agriculturally
zoned lands (City of New Berlin GIS data); conservancy zoned lands
(City of New Berlin GIS data); environmental corridors (SEWRPC); and
scenic vistas (City of New Berlin Comprehensive Plan).
[As it pertains to mobile tower siting regulations, § 275-41C(16)] The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
The placement of a new mobile service facility on an existing
support structure such that the owner of the facility does not need
to construct a freestanding support structure for the facility or
engage in substantial modification.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] Class 1 or class 2 co-location, or both.
See "street, collector" below.
(As it pertains to post-construction stormwater management, § 275-55.1) A system for conveying both sanitary sewage and stormwater runoff.
The confinement of 200 or more head of livestock on a farm
or other site for the purpose of intensive feeding prior to slaughter
or shipment, in such concentration that ground vegetation is substantially
destroyed, where:
The Common Council of the City of New Berlin, Waukesha County,
Wisconsin.
The following facilities, licensed or operated or permitted
under the authority of the Wisconsin State Statutes: child welfare
agencies under § 48.60, group foster homes for children
under § 48.02(7m), and community-based residential facilities
under § 50.01. The term does not include day-care centers,
nursing homes, general hospitals, special hospitals, prisons, and
jails. The establishment of a community living arrangement shall be
in conformance with §§ 46.03(22), 59.69, 62.23(7)(i),
and 62.23(7a), Wis. Stats., and amendments thereto.
An application for a development approval or permit that
has been submitted in the required format, includes all mandatory
information, and is accompanied by the established fee.
A container or other designated location for the biological
decomposition of organic material, such as vegetable scraps, leaves,
grass clippings, vegetation, wood shavings, and nonhuman manure, to
produce material for fertilizing and conditioning soils.
A document or series of documents prepared by the Plan Commission
and duly adopted by said Commission, setting forth policies for the
future development or redevelopment of the City of New Berlin pursuant
to §§ 62.23 and 66.1001, Wis. Stats.
See "use, conditional" below.
The absolute ownership of a unit in a multiunit building
based on a legal description of the airspace the unit actually occupies,
plus an undivided interest in the ownership of the common elements,
which are owned jointly with the other condominium unit owners.
Trees and shrubs that generally have needles rather than
leaves, bear cones, and typically remain green throughout the year.
(As it pertains to post-construction stormwater management, § 275-55.1) An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
That portion of a tract of land that is set aside for the
protection of sensitive natural features, farmland, scenic views,
and other unique features. Conservation areas may be accessible to
the residents of the development and/or the municipality. They may
also contain areas of conservancy lots that are not accessible to
the public.
A large, privately owned lot constituting part of an area
of open land. The purpose of the conservancy lot is to provide surrounding
residents with visual access to conservation area while keeping the
land under private ownership and maintenance. Only a small portion
of such lots may be developed; the remainder must be protected through
conservation easements and used in conformance with standards for
conservation areas. Public access to conservancy lots is not required.
Constrained lands are identified as lands within the right-of-way,
all land under existing private streets, wetlands, floodways, floodfringe,
steep slopes, extensive rock outcroppings, and moderately steep slopes.
(As it pertains to construction site erosion control, § 275-55.2) An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan, including landfills and quarry activity only to the extent not regulated by the Department of Natural Resources or controlled by an approved plan of operation.
(As it pertains to nonmetallic mining, § 275-63) The sequential or progressive reclamation of portions of the nonmetallic mining site affected by mining operations that is performed in advance of final site reclamation, but which may or may not be final reclamation, performed to minimize the area exposed to erosion, at any one time, by nonmetallic mining activities.
See "abutting or adjoining."
A convenient cash business, also referred to as a "payday
loan business," "title for cash business," "check cashing business"
or similar enterprise, is any person licensed pursuant to Wis. Stats.,
§ 218.05, or a person licensed pursuant to Wis. Stats.,
§ 138.09, who accepts a check or title, holds the check
or title for a period of time before negotiating or presenting the
check or title for payment, and pays to the issuer an agreed-upon
amount of cash, or who refinances or consolidates such a transaction.
Convenient cash businesses do not include financial institutions as
defined elsewhere in this section.
See "lot, corner" below.
This service includes application of permanent cosmetics,
such as eyeliner on the top and bottom of the eyes, lip liner and
color for top and bottom lips, and full and partial eyebrow coloration.
Waukesha County, Wisconsin.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
The excavating of earth from the ground surface during the
process of land development.
A building or structure where care, protection, and supervision
are provided on a regular basis away from the primary residence for
less than 24 hours, with or without compensation or the provision
of educational purposes. This term could include, but is not limited
to, day nurseries, nursery schools, preschools, play groups, day camps,
or summer camps. See also "family day-care home" below.
The Department of Community Development.
Trees and shrubs that lose their leaves at the end of each
growing season and develop new ones the following season.
A platform, either freestanding or attached to a building,
that is supported by pillars or posts.
(As it pertains to floodplain, § 275-65) An unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation.
The numerical value obtained by dividing the total number
of dwelling units in a development by the gross area of the tract
of land (in acres) within a development. This would include all nonresidential
land uses and private streets of the development, as well as rights-of-way
of dedicated streets, the result being the number of dwelling units
per gross acre of land.
The numerical value obtained by dividing the total number
of dwelling units in a development by the net area (in acres) with
a development. The net area is the land within a development excluding
public rights-of-way, private streets and areas zoned FWO, C-1, C-2
or C-3.
The Wisconsin Department of Natural Resources (DNR).
A single commercial business that has a minimum building
or floor area of 25,000 square feet.
The City of New Berlin Infrastructure and Site Design Standards.
See "subdivider or developer" below.
The carrying out of any building or construction activity,
extraction or excavation operations, or the making of a substantial
material change in the use or appearance of a structure or lot. "Development"
shall not include the dividing of land into two or more parcels. (see
"subdivision"). Development shall include:
Any construction, placement, reconstruction, alteration of the
size, or material change in the external appearance of a structure
on a lot;
Any change in the intensity of use of a lot, such as an increase
in the number of dwelling units in a structure or on a tract of land
or material increase in the intensity and impacts of the development;
Any change in use of land or structure;
Any alteration of a shore or bank of a river, stream, lake,
reservoir, wetlands, or floodplains;
The clearing of land as an adjunct of construction;
The commencement of drilling, except to obtain soil samples,
mining, stockpiling or fill materials, filling or excavation on a
parcel of land;
The demolition of a structure;
The deposit of refuse, solid or liquid waste, or fill on a parcel
of land;
The cutting, filling, or grading of land; and
The installation of landscaping within the public right-of-way,
when installed in connection with the development of adjacent properties.
(As it pertains to floodplain, § 275-65) Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
(As it pertains to post-construction stormwater management, § 275-55.1) Residential, commercial, industrial or institutional land uses and associated roads.
The trunk diameter of a tree, measured in inches at a height
of 4.5 feet from the ground, or, in the case of a tree that is divided
into multiple trunks, below 4.5 feet, as measured at the most narrow
point beneath the point of trunk division.
(As it pertains to post-construction stormwater management, § 275-55.1) Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, nonmetallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
The Director of the Department of Community Development,
City of New Berlin, or his/her designee.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
A part or parts of the City for which the uniform regulations
of this chapter govern the use and location of land and buildings.
A superimposing of certain additional requirements upon an
underlying basic zoning district without disturbing the requirements
of the basic district. In the instance of conflicting requirements,
the more strict of the conflicting requirements shall apply.
(As it pertains to construction site erosion control, § 275-55.2) The creation from one parcel of two or more parcels or buildings on a site of one or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
An unattended container, receptacle, or similar device that
accepts textiles, shoes, books, clothing or other salvageable personal
property items to be used by the operator for distribution, resale,
or recycling. This term does not apply to any unattended collection
box located within a building.
Surface water runoff or the removal of surface water or groundwater
from land by drains, grading or other means, which includes runoff
control to minimize erosion and sedimentation during and after construction.
An establishment that encourages or permits customers to
receive services, obtain goods, or be entertained while remaining
in their motor vehicles.
A private roadway providing access to a street or highway
from a building or structure.
A driveway shared by adjacent property owners and privately
owned and maintained.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough for wheeled rescue and
relief vehicles.
A receptacle for common household or business waste as well
as for recyclable goods.
A building, or portion thereof, designed and used as living
and sleeping quarters for a single household, that includes exclusive
sleeping, kitchen, eating, and sanitary facilities.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A residential building designed to be occupied by three or
more households within separate dwelling units.
A detached building designed to be occupied exclusively by
one household.
A detached building designed to be occupied by two households
in two separate units.
An area where one or more property rights is reserved, conveyed,
or granted by the property owner to and for the use of the public,
a corporation, or other persons, for a designated part of the property,
and for a specified or limited purpose, without the transfer of title;
a grant by the property owner of the use of a strip of land to the
City, public, or to one or more persons or corporations for a specific
purpose or purposes.
That portion of land lying outside the limits of the street
right-of-way necessary to comply with the minimum slope requirements,
as set forth in the specifications.
The projecting lower edge of a roof that overhangs the exterior
wall of the building.
Buildings or structures used to teach students. Educational
facilities may include primary schools, elementary schools, middle
schools, high schools, colleges, vocational schools, and other similar
uses.
(As it pertains to post-construction stormwater management, § 275-55.1) The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
A dwelling unit or units designed and constructed to be occupied
by elderly persons. An "elderly person" is a person who is 62 years
of age or older on the date such person intends to occupy the premises
or a family the head of which or his spouse is an elderly person as
defined herein.
A sign capable of displaying words, symbols, figures or images
that can be electronically changed by remote or automatic means. Video
displays are not permitted as part of electronic messagecenters.
Any fill, structure, equipment, building, use or development
in the floodway.
Defined by the Regional Planning Commission as linear areas
in the landscape which contain concentrations of high-value elements
of the natural resources base.
(As it pertains to nonmetallic mining, § 275-63) Has the meaning in § 295.11(2), Wis. Stats.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] An area surrounding or adjacent to the base of an existing support structure, within which are located mobile service facilities.
The detachment and movement of soil, sediment, or rock fragments
by water, wind, ice, or gravity.
(As it pertains to construction site erosion control, § 275-55.2) A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
Services provided by public and private utilities necessary
for the exercise of the specific principal use or service of the principal
structure on a given lot. Note: a public utility is not considered
an essential service and must be subordinate to some other principal
use or structure. These services include underground, surface, or
overhead gas, electrical, steam, water, sanitary sewerage, stormwater
drainage, and communication systems and accessories thereto, such
as poles, towers, wires, mains, drains, vaults, culverts, laterals,
sewers, pipes, catch basins, water storage tanks, solar collectors,
conduits, cables, fire alarm boxes, police call boxes, traffic signals,
pumps, lift stations, and hydrants, but not including buildings.
(As it pertains to post-construction stormwater management, § 275-55.1) Waters listed in § NR 102.11, Wis. Adm. Code.
This map identifies, locates, and describes noteworthy features to be designed around sensitive subdivision layouts. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and to provide a complete and factual reference for them in making a site visit. This map should include an orthophoto, the topography, locations of ponds, streams, ditches, and other drainageways, vegetation cover features (including cultivated lands, permanent grass, meadow, pasture, old fields, hedgerow, wetlands, and woodlands), and also soils, ridgelines, scenic views, geologic formations, man-made features, proposed streets, trails, parks, easements, etc. See § 235-38.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.
For purposes of this chapter shall include, but are not limited
to, any or all of the following orders and families of animals, whether
bred in the wild or in captivity, including all hybrids. The animals
listed in parentheses are intended to act as examples of common order
or family species and are not to be construed as an exhaustive list
or to limit the generality of each group of animals, unless otherwise
specified.
Class Mamalia.
Order Artiodactyla (hippopotamuses, giraffes, not cattle, swine,
sheep, goats or camels).
Order canivora.
Family Felidae (lions, tigers, cougars, leopards, ocelots, servals,
not domestic cats from the felis catus family).
Family Canidae (wolves, coyotes, foxes, jackals, not domestic
dogs).
Family Ursidae (all bears).
Family Mustelidae (weasels, skunks, martins, minks, not ferrets).
Family Procyonidae (raccoons, coatis).
Family Hyaenidae (hyenas).
Family Viverridae (civets, genets, mongooses).
Order Edentatia (anteaters, armadillos, sloth).
Order Marsupialia (opossums, kangaroos, wallabies).
Order Perissodactyla (rhinoceroses, tapirs, not horses or donkeys
or mules).
Order Primates (lemurs, monkeys, chimpanzees, gorillas).
Order Proboscidae (elephants).
Order Rodentia (squirrels, beavers, porcupines, Gambian rats,
prairie dogs, not guinea pigs, rats, mice, gerbils or hamsters).
Class reptilia.
Order squamata.
Family Varanidae (monitor lizards, komodo dragons), all species.
Family Iguanaidae, all species.
Family Boidae (boa constrictors, pythons), all species.
Family Colubridae (boomslangs and African twig snakes), all
species.
Family Elapidae (such as coral snakes, cobras, mambas, etc.),
all species.
Family Nactricidae (keelback snakes), all species.
Family Viperidae (such as copperhead, cottonmouths, rattlesnakes,
etc.), all species.
Order Crocidilia (such as crocodiles, alligators, caimans, gavials,
etc.), all species.
(As it pertains to construction site erosion control, § 275-55.2) The unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within 1.5 miles of a fourth class city or City.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] The area over which a mobile support structure is designed to collapse.
Any number of persons related by blood, adoption, or marriage,
or not to exceed four persons not so related, living together in one
dwelling unit as a single housekeeping entity, excepting foster family
homes.
A dwelling licensed as a day-care center by the State of
Wisconsin pursuant to § 48.65, Wis. Stats., where care is
provided for not more than eight children.
Buildings associated with agricultural uses, the raising
of crops or the raising of animals, and may include barns, silos,
sheds, and storage bins intended for permitted agricultural uses and
sized to meet demonstrated agricultural needs.
The federal agency which administers the National Flood Insurance
Program. This agency was formerly known as the "Federal Insurance
Administration (FIA)" and was part of the United States Department
of Housing and Urban Development (HUD).
An artificially constructed barrier of any material or combination
of materials erected to enclose, barricade, define boundaries, or
screen. A fence shall not include shrubs, trees, or other growing
plants.
A deposit of materials of any kind placed by artificial means.
(As it pertains to post-construction stormwater management, § 275-55.1) Soil that has at least a three-foot deep layer with at least 20% fines; or at least a five-foot deep layer with at least 10% fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
(As it pertains to post-construction stormwater management, § 275-55.1 and construction site erosion control, § 275-55.2) All land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
(As it pertains to nonmetallic mining, § 275-63) A commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in § 275-65.2 and is sufficient to pay for reclamation activities required by this chapter.
(As it pertains to post-construction stormwater management, § 275-55.1) A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City of New Berlin by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.
An irrevocable letter of credit, a cash bond, or other financial
guaranty approved by the City Attorney.
Establishments engaged in deposit banking. Financial institutions
may include, but are not limited to, commercial banks, loan or mortgage
companies, stockbrokers, savings institutions, and credit unions.
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by the Federal Emergency Management Agency.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
Study, form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source;
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a serve storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
An elevation of two feet of freeboard above the Regional
Flood Elevation (see also "freeboard").
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
All lands contained in the regional flood or 100-year recurrence
interval flood. For the purpose of zoning regulation, the floodlands
are divided into the Floodway Overlay District and the Floodplain
Fringe Overlay District.
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe and
may include other designated floodplain areas for regulatory purposes.
A natural geological land formation within the floodplain
that is surrounded, but not covered, by floodwater during the regional
flood.
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
A portion of the Zoning Map that shows the flood hazard district
boundaries and all information required by Wis. Adm. Code § NR
116.09.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
The sum of the gross horizontal areas of all floors, measured
in square feet, not including the basement floor, measured from the
exterior faces of the exterior walls or from the center line of walls
separating two buildings. Gross floor area shall include all areas
used for storage, elevator shafts, and mechanical equipment.
For the purpose of calculating parking spaces, the sum of
the gross horizontal areas of all floors, measured in square feet,
not including the basement floor or areas that are used primarily
for storage, elevator shafts, and mechanical equipment, measured from
the exterior faces of the exterior walls or from the center line of
walls separating two buildings.
The primary residence of a foster parent which is for four
or fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
Emus, rheas, and ostriches (ratites) housed outdoors, kept
or raised for sale, resale, human consumption or pleasure.
Any bird housed outdoors, including, but not limited to,
chickens, pigeons, ducks, geese, turkeys, peacocks and pheasants that
are kept or raised for sale, resale, human consumption or pleasure.
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
See "lot frontage."
Abutting a public right-of-way. See also "lot frontage."
See "rummage sale."
An accessory building primarily intended for and used for
the enclosed storage or shelter of the private motor vehicles of the
owner or occupant of the principal building. A private garage shall
not mean a carport.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing,
or public parking of motor vehicles, snowmobiles, or other recreational
vehicles for hire.
A process that converts biomass- or fossil fuel-based carbonaceous
materials into carbon monoxide, hydrogen and carbon dioxide. This
is achieved by reacting the material at high temperatures (greater
than 700° C.), without combustion, with a controlled amount of
oxygen and/or steam. The resulting gas mixture is called syngas (from
synthesis gas) or producer gas and is itself a fuel. The power derived
from gasification and combustion of the resultant gas is considered
to be a source of renewable energy if the gasified compounds were
obtained from biomass.
An establishment where office uses associated with functions
of government agencies are conducted. Government offices may include
office space for municipal, county, regional, and federal agencies.
The final elevation of the ground level after topsoil has
been applied to graded slopes, as measured six feet from the exterior
walls of the structure.
The rearrangement of the earth's surface by stripping,
cutting, filling, or stockpiling of earth or land.
Farmland and open areas where there has been no prior industrial
or commercial activity and, therefore, where the threat of contamination
is much lower than urbanized areas.
(As it pertains to floodplain, § 275-65) Any structure or portion thereof used or designed for human habitation.
Will be defined.
Establishments that primarily engage in providing health
services for individuals. Health and fitness centers may include,
but are not limited to, health clubs, fitness studios, studios, gyms,
cross-fit gyms, and dance studios.
(As it pertains to floodplain, § 275-65) Publication or posting meeting the requirements of Ch. 985, Wis. Stats. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing, is required. Local ordinances or bylaws may require additional notice, exceeding these minimums.
The manufacturing, processing, or assembly of products where
air, noise, or odor pollution may create excessive land use conflicts
or where a portion of the use is located outside of an enclosed structure.
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
A Class A soil survey, conducted by a certified soils scientist
and prepared according to the standards of the National Cooperative
Soil Survey, resulting in a soils map in which the mapping units are
single phases of soils series and the mapping units delineated are
contrasting soils of 1/8 acre or less in size.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(As it pertains to nonmetallic mining, § 275-63). A vertical or nearly vertical face in solid rock or a slope of consolidated or unconsolidated material that is steeper than 3:1.
Any structure that is:
Listed individually on the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a local inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs which have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or directly by the Secretary of the Interior
in states without approved programs.
An occupation or profession for financial gain or profit which is incident to and carried on entirely within a dwelling unit located on a lot, exclusive of attached garage or patio area, by resident occupants of the dwelling unit and which occupation is clearly incidental to and accessory to the residential use of the premises [See also § 275-42G(4)].
An organization formed to manage the common open space and
facilities within a development that are not publicly maintained;
membership in and financial support of such organization is mandatory
for all landowners within the development.
A building in which lodging, with or without meals, is offered
for compensation and in which there are more than five sleeping rooms.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
of all areas and facilities for the preparation and serving of food
within the dwelling unit. See "family."
(As it pertains to illicit charges and connections, § 275-55.3) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency prior to the adoption of this section.
(As it pertains to post-construction stormwater management, § 275-55.1) An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.
Any portion of a lot that is covered by a structure or surface
that prevents the passage or absorption of stormwater runoff, including
but not limited to pavement, driveways and structures.
Street grading and surfacing, with or without curbs and gutters,
side paths, sidewalks, crosswalks, water mains, sanitary and storm
sewers, culverts, bridges, and street trees.
A calculated upward rise in the regional flood elevation
greater than 0.00 feet, based on a comparison of existing conditions
and proposed conditions, which is directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables such as roughness factors, expansion and contraction coefficients
and discharge.
The sale of merchandise to industrial uses that may include
the sale of fuels, gases and industrial vehicles.
(As it pertains to post-construction stormwater management, § 275-55.1) An undeveloped area of land located within existing development.
The development of vacant or partially developed parcels
which are surrounded by or in close proximately to areas that are
substantially or fully developed.
The entry and movement of precipitation or runoff into or
through the soil.
(As it pertains to post-construction stormwater management, § 275-55.1) A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only.
Isolated natural features are generally isolated from the
environmental corridors by urban development and, although separated
from the environmental corridor network, have important natural values.
Isolated natural resource areas may provide the only available wildlife
habitat in an area, provide good locations for local parks and natural
areas, and lend unique and aesthetic character and natural diversity
to an area.
(As it pertains to post-construction stormwater management, § 275-55.1) An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swales.
The use of land for raising, pasturing or yarding of livestock.
A map based on a series of maps that are part of the land
use element of the Comprehensive Plan that shows the current land
uses and future land uses that indicate productive agricultural soils,
natural limitations for building site development, floodplains, wetlands
and other environmentally sensitive lands, the boundaries of areas
to which services of public utilities and community facilities will
be provided in the future consistent with the plan's timetable,
and the general location of future land uses by net density or other
classifications.
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control, § 275-55.2) Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
A disposal site in which refuse and earth, or other suitable
cover material, are deposited and compacted in alternate layers of
specified depth in accordance with an approved plan.
Any structure or improvement which has a special character
or special historic interest or value as part of the development,
heritage or cultural characteristics of the community, state, or nation
and which has been designated as a landmark pursuant to the provisions
of the City of New Berlin Landmarks Commission Ordinance.
Any parcel of land of historical significance due to substantial
value in tracing the history of aboriginal man, or upon which an historic
event has occurred, and which has been designated as a landmark site
pursuant to the provisions of this chapter; or a parcel of land, or
part thereof, on which is located a landmark and any abutting parcel,
or part thereof, used as and constituting part of the premises on
which the landmark is situated.
(As it pertains to nonmetallic mining, § 275-63). The person who has title to land in fee simple or who holds a land contract for the land. A landowner is not a person who owns nonmetallic mineral rights to land if a different person possesses title to that land in fee simple or holds a land contract for that land.
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control, § 275-55.2) Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.
Living material, such as grass, ground cover, flowers, shrubs,
vines, hedges, and trees, and nonliving durable material, such as
rocks, pebbles, sand, mulch, and wood chips or bark, but not including
paving. Landscaping is intended to be both decorative and functional.
Functional uses of landscaping include protection against erosion,
absorption of pollutants, sound retardation, visual barrier, buffering
or screening between different land uses, shade to moderate temperatures,
protection from wind, and oxygen renewal. Landscaping may serve as
screening when it is densely planted.
Official notification from the Federal Emergency Management
Agency (FEMA) that an individual property or structure has been removed
from a Flood Hazard Boundary Map or Flood Insurance Rate Map.
Official notification from the Federal Emergency Management
Agency (FEMA) that a municipality's Flood Hazard Boundary Map
or Flood Insurance Rate Map has been amended. A LOMR is issued when
the revised map is not republished.
In general terms, an indicator of the extent or degree of service
provided by or proposed to be provided by a facility based on and
related to the operational characteristics of the facility. Generally,
"level of service" indicates the capacity per unit of demand for a
public facility.
More specifically, in terms of transportation, "level of service"
shall mean a qualitative measure describing operational conditions
within a traffic stream, generally described in terms of such factors
as speed, freedom to maneuver, traffic interruptions, comfort, convenience,
and safety. LOS is usually expresses in terms of six levels, designated
A through F, with A being the best and F being the worst.
A person who is licensed as professional geologist pursuant
to Ch. 470, Wis. Stats.
The manufacturing, processing or assembly of products within
a fully enclosed structure where noise, odor, light, or vibration
is not noticeable from the adjacent properties.
The area(s) of a site, as established pursuant to § 275-54A of this chapter, that may be disturbed by earth movement (grading) or cleared of vegetation, including disturbance or clearance to provide space for construction of principal and accessory uses and structures, driveways, parking areas, roads, drainage and stormwater management facilities, or utilities.
Domestic farm animals which are typically kept for breeding,
production of agricultural products, sale, consumption or pleasure
(see also definitions for "livestock, large" and "livestock, small").
Cattle, bison, horses and other livestock generally weighing
over 500 pounds, including pigs over 300 pounds. Pigs over 300 pounds
are only permitted in the A-1 District.
Small animals such as sheep, goats, miniature horses, small
ponies, llamas, alpaca, potbellied pigs and other noncommercial small-breed
pigs under 300 pounds and other livestock generally weighing under
500 pounds.
An off-street space or berth for the loading or unloading
of freight carriers on the same lot as the structure they serve.
See "street, minor."
Food and other agricultural products that are grown or produced,
processed and sold within a certain region.
A platted parcel of land, having proper street frontage,
sufficient in size to meet the lot width, lot frontage, lot area,
and other open space provisions of this chapter, and separately owned,
developed, and otherwise operated as a unit.
The total gross amount of horizontal land area within all lot lines. Public rights-of-way and private streets shall not be used in the calculation of lot area except as noted in Article VI.
The total area of all buildings, measured at grade, all accessory
structures, including pools, patios, etc., and all paved areas as
a percentage of the total area of the lot, with the following exceptions:
side paths or paved paths no wider than eight feet, pervious pavement,
and green roofs.
The average distance measured from the front lot line to
the rear lot line in the general direction of the side lot lines.
See Figure XI-1 and Figure XI-2.
The dimension of a lot abutting a public street measured
along the street right-of-way line. See Figure XI-1.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The front property line which is coterminous with the street
right-of-way. A front lot line is generally parallel to or less than
45° to the rear lot line. The front lot line is generally opposite
the rear lot line. A corner lot or double-frontage lot has more than
one front lot line. See Figure XI-3.
An internal lot line opposite a front yard. A rear lot line
is generally parallel to or less than 45° to the front street
right-of-way line. Where the street line is an arc, the angle is measured
from the tangent of the arc. A lot line greater than 45° from
the front street right-of-way line would be a side lot line. See Figure
XI-3.
An internal lot line generally extending perpendicular to
the front lot line. The side lot lines extend between the front lot
line and the rear lot line. See Figure XI-3.
A platted lot of a recorded subdivision, certified survey
map or parcel of land for which the deed, prior to the adoption of
this chapter, is on record with the Waukesha County Register of Deeds
and which exists as described therein.
The width of a parcel of land measured at the building setback
line or required front setback. See Figure XI-1 and Figure XI-2.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side. See Figure XI-1.
A parcel of land, other than a corner lot, with frontage
on more than one street or with frontage on a street and a navigable
body of water.
A lot not meeting minimum frontage requirements and where
the access to the public or private road is by a narrow private right-of-way
or driveway known as the "panhandle." The length of the panhandle
shall be measured from the frontage line to the nearest point of intersection
with the lot's property line that parallels or almost parallels
the frontage line. See Figure XI-1.
A lot situated with one lot line fronting a single street
and bounded by adjacent lots along each of its other lot lines. See
Figure XI-1.
The elevation of the lowest ground surface that touches any
of the exterior walls of a building.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area, is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of 44 CFR 60.3.
(As it pertains to floodplain, § 275-65) The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
(As it pertains to post-construction stormwater management, § 275-55.1) A legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to required utilities. Manufactured
homes or mobile homes are not recreational vehicles, which remain
licensed and ready for highway use and remain on site less than 180
consecutive days.
See "building mass."
That no feasible and prudent alternative exists and all possible
efforts to comply with the regulation or minimize the potential harm
or adverse impacts have been undertaken. Economic considerations may
be taken into account but shall not be the overriding factor in determining
"maximum extent feasible."
A Class C soil survey, conducted by a certified soils scientist
and prepared according to the standards of the National Cooperative
Soil Survey, resulting in a soils map in which the mapping units are
single phases of soils series and the mapping units delineated are
contrasting soils of three acres or less in size.
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control, § 275-55.2) The highest level of performance that is achievable but is not equivalent to a performance standard identified in this section as determined in accordance with Subsection D(1)(d).
The extraction or excavation of rock, ore, stone, sand, gravel,
soil, peat, and similar materials from the earth for off-site use.
The crushing, cleansing, separation or other similar processing
activities of rock, ore, stone, sand, gravel, soil, peat, and similar
materials that have been extracted or excavated from the earth.
See "street, minor."
(As it pertains to floodplain, § 275-65) A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
[As it pertains to mobile tower siting regulations, § 275-41C(16)] Has the meaning given in 47 U.S.C. § 153(33). The term "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:
Both one-way and two-way radio communication services;
A mobile service which provides a regularly interacting group
of base, mobile, portable, and associated control and relay stations
(whether licensed on an individual, cooperative, or multiple basis)
for private one-way or two-way land mobile radio communications by
eligible users over designated areas of operation; and
Any service for which a license is required in a personal communications
service established pursuant to the proceeding entitled "Amendment
to the Commission's Rules to Establish New Personal Communications
Services," or any successor proceeding.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A person who provides mobile service.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A freestanding structure that is designed to support a mobile service facility.
(As it pertains to floodplain, § 275-65) A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(As it pertains to floodplain, § 275-65) A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this chapter. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
(As it pertains to floodplain, § 275-65) The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading or the pouring of concrete pads.
A hydraulic engineering model that corrects any errors that
occur in the Duplicate Effective Model, adds any additional cross
sections to the Duplicate Effective Model, or incorporates more-detailed
topographic information than that used in the current Effective Model.
A copy of the hydraulic analysis used in the effective FIS
and referred to as the "Effective Model."
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
A modification of the Duplicate Effective Model or Corrected
Effective Model to reflect any man-made modifications that have occurred
within the floodplain since the date of the Effective Model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the Effective
Model, then this model would be identical to the Corrected Effective
Model or Duplicate Effective Model.
A modification of the Existing or Preproject Conditions Model,
Duplicate Effective Model or Corrected Effective Model to reflect
revised or post-project conditions.
The City of New Berlin, Waukesha County, Wisconsin.
Plants that are inherent and original to a geographic region.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and
other waters within the territorial limits of this state, including
the Wisconsin portion of boundary waters, which are navigable under
the laws of this state. The Wisconsin Supreme Court has declared navigable
all bodies of water with a bed differentiated from adjacent uplands
and with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. For
the purpose of this chapter, rivers and streams will be presumed to
be navigable if they are designated as either continuous or intermittent
waterways on the United States Geological Survey Quadrangle Maps until
such time that the Wisconsin Department of Natural Resources has made
a determination that the waterway is not, in fact, navigable. Furthermore,
streams not shown on USGS Quadrangle Maps may later be determined
to be navigable by physical navigation.
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the "start of construction" commenced on
or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
(As it pertains to post-construction stormwater management, § 275-55.1) Development resulting from the conversion of previously undeveloped land or agricultural land uses.
Elevations referenced to mean sea level datum, 1929 adjustment.
(As it pertains to floodplain, § 275-65) An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter for the area of the floodplain which it occupies. For example, an existing residential structure in the Floodfringe District is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.
See "use, nonconforming."
(As it pertains to floodplain, § 275-65) An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this chapter for the area of the floodplain which it occupies (such as a residence in the floodway).
A product, commodity or material consisting principally of
naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone,
sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat,
talc and topsoil.
All of following:
Operations or activities at a nonmetallic mining site for the
extraction from the earth of mineral aggregates or nonmetallic minerals
for sale or use by the operator. Nonmetallic mining includes use of
mining equipment or techniques to remove materials from the in-place
nonmetallic mineral deposit, including drilling and blasting, as well
as associated activities such as excavation, grading and dredging.
Nonmetallic mining does not include removal from the earth of products
or commodities that contain only minor or incidental amounts of nonmetallic
minerals, such as commercial sod, agricultural crops, ornamental or
garden plants, forest products, Christmas trees or plant nursery stock.
Processes carried out at a nonmetallic mining site that are
related to the preparation or processing of the mineral aggregates
or nonmetallic minerals obtained from the nonmetallic mining site.
These processes include, but are not limited to, stockpiling of materials,
blending mineral aggregates or nonmetallic minerals with other mineral
aggregates or nonmetallic minerals, blasting, grading, crushing, screening,
scalping and dewatering.
The rehabilitation of a nonmetallic mining site to achieve
a land use specified in a nonmetallic mining reclamation plan approved
under this chapter, including removal or reuse of nonmetallic mining
refuse, grading of the nonmetallic mining site, removal, storage and
replacement of topsoil, stabilization of soil conditions, reestablishment
of vegetative cover, control of surface water and groundwater, prevention
of environmental pollution and, if practicable, the restoration of
plant, fish and wildlife habitats.
Waste soil, rock and minerals, as well as other natural site
material resulting from nonmetallic mining. Nonmetallic mining refuse
does not include marketable by-products resulting directly from or
displaced by the nonmetallic mining that are scheduled to be removed
from the nonmetallic mining site within a reasonable period of time
after extraction.
All contiguous areas of present or proposed mining described
in Subsection A, subject to the qualifications in Subsection B.
"Nonmetallic mining site" means the following:
The location where nonmetallic mining is proposed or conducted.
Storage and processing areas that are in or contiguous to areas
excavated for nonmetallic mining.
Areas where nonmetallic mining refuse is deposited.
Areas affected by activities such as the construction or improvement
of private roads or haulage ways for nonmetallic mining.
Areas where grading or regrading is necessary.
Areas where nonmetallic mining reclamation activities are carried
out or structures needed for nonmetallic mining reclamation, such
as topsoil stockpile areas, revegetation test plots, or channels for
surface water diversion, are located.
"Nonmetallic mine site" does not include any of the following
areas:
Those portions of sites listed in Subsection A not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.
Separate, previously mined areas that are not used for nonmetallic
mineral extraction after August 1, 2001, and are not contiguous to
mine sites, including separate areas that are connected to active
mine sites by public or private roads.
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiles of materials used for an industrial
process unrelated to nonmetallic mining.
(As it pertains to post-construction stormwater management, § 275-55.1) A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation from Atlas 14.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the areola, or the human male genitals
in a discernibly turgid state even if completely or opaquely covered.
Used for floodplain regulation, any development which blocks
the conveyance of floodwaters such that this development, alone or
together with any future development, will cause an increase in regional
flood heights.
(As it pertains to post-construction stormwater management, § 275-55.1) Located outside the property boundary described in the permit application.
All off-street areas and spaces designed, used, required,
or intended to be used for parking, storage, or display of motor vehicles,
and shall include all driveways, entrance drives, or access drives
to such areas, but shall not include public streets and rights-of-way.
That map, adopted and made part of this chapter, as described in § 275-65, which has been approved by the Department and FEMA.
See "letter of map amendment."
See "letter of map revision."
The document, as described by § 62.23(6), Wis.
Stats., which shows the location of streets, highways, parkways, parks,
playgrounds, railroad rights-of-way, waterways, and public transit
facilities in the City of New Berlin.
(As it pertains to post-construction stormwater management, § 275-55.1) Located within the property boundary described in the permit application.
A flood event which has a 1% chance of occurring or being
exceeded in any given year on a particular lake, river or stream based
upon engineering analysis of lake level or stream-flow records available
for the watershed or an analysis of rainfall and runoff characteristics
in the watershed, or both. Statistically, a 1% annual probability
will occur on average every 100 years.
Land areas not occupied by buildings, structures, parking
areas, streets, driveways, or alleys. Open space shall not include
upper-floor decks and/or balconies.
A portion of a tract of land that is set aside for the protection
of sensitive natural features, farmland, scenic views, and other unique
features. Open space land may be accessible to residents of the development
and/or the City of New Berlin, or it may contain areas of conservancy
lots, which are not accessible to the public.
Used for floodplain regulation, those uses having a relatively
low flood damage potential and not involving structures.
Any person who is engaged in, or who has applied for a permit
to engage in, nonmetallic mining, whether individually, jointly or
through subsidiaries, agents, employees, contractors or subcontractors.
The point on the bank or shore of a body of water up to which
the presence and action of surface water is so continuous as to leave
a distinctive mark, such as by erosion, destruction or prevention
of terrestrial vegetation, predominance of aquatic vegetation, or
other easily recognized characteristic.
(As it pertains to post-construction stormwater management, § 275-55.1) The meaning given in § NR 115.03(6), Wis. Adm. Code.
An organization of persons for special purposes or for the
promulgation of sports, art, literature, politics, or other common
goals, interests, or activities, characterized by membership requirements,
dues, or regular meetings, excluding clubs operated for profit or
churches.
The display or sale of items, merchandise, junk, material,
or vehicles outside of an enclosed structure for more than four consecutive
days.
The storage of items, merchandise, junk, material, or vehicles outside of an enclosed structure for more than four consecutive days that are not being displayed for sale. Items that are visible and are not located within an approved area for outdoor displays and sales are considered outdoor storage and shall meet the requirements in § 275-41C(10).
A parcel of land, other than a lot or block, so designated
on the plat.
(As it pertains to post-construction stormwater management, § 275-55.1) Waters listed in § NR 102.10, Wis. Adm. Code.
Fenced-in areas used for riding courses or academies, showing
or displaying of animals, and the confined feeding of animals, not
including general pasturing.
Space designated to serve the recreational needs of the community,
as further defined in the Comprehensive Plan.
The driveway or access drive by which a car enters and departs
a parking space.
A structure, premises or lot used for the parking of vehicles,
excluding parking areas accessory to single-family and two-family
dwelling units.
A graded and surfaced area of not less than 180 square feet
in an area either enclosed or open for the parking of a motor vehicle,
having adequate ingress and egress to a public street, alley or parking
aisle.
The joint use of a parking lot for multiple uses.
Any person(s) with incidence of ownership, including all
abutting property owners, all property owners within 100 feet, and
all property owners of opposite frontages.
A wall containing no opening, which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above, and which separates contiguous buildings or units but
is in joint use for each building.
Any park or recreational facility where there is no grading
of the land, construction of facilities, or lighting, and which is
not developed for ballfields.
(As it pertains to post-construction stormwater management, § 275-55.1) The percentage of a given sample of soil which passes through a #200 sieve.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A permit, other than a building permit, or approval issued by the City which authorizes any of the following activities by an applicant:
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control § 275-55.2). A written authorization made by the City of New Berlin to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
(As it pertains to post-construction stormwater management, § 275-55.1) A sum of money paid to the City of New Berlin by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.
An individual or group of individuals, corporation, partnership,
association, municipality, or state agency.
(As it pertains to illicit charges and connections, § 275-55.3). Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
Establishments that primarily engage in providing personal
services for individual(s). Personal services may sell goods as long
as they are related to the approved personal service. Personal services
may include examples such as laundry and dry-cleaning, barbershops,
beauty salons, music schools, informational and instructional services,
tanning salons, portrait shops, shoe repair/shoe shine shops, tailor/garment
repair shops, small household appliance repair shops, coin-operated
laundromats, travel offices, and similar uses.
(As it pertains to post-construction stormwater management, § 275-55.1). An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
The Plan Commission of the City of New Berlin.
The development of a property for residential, commercial,
industrial, or mixed-use development when zoning regulations that
would normally apply are superseded by controls that allow a more-sensitive
and more-economical arrangement of buildings, streets, and open space
on the site.
A map of a subdivision.
Includes all of the corporate limits of the City and extraterritorial
lands.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration;
a plat map, upon which the subdivider's plan of the subdivision
is presented and which he submits for approval and intends to record
in final form in the office of the Waukesha County Register of Deeds.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A city, village, town, or county.
(As it pertains to post-construction stormwater management, § 275-55.1) A construction site following the completion of land-disturbing construction activity and final site stabilization.
Private owner waste treatment systems, which can be located
off lot or on lot.
(As it pertains to post-construction stormwater management, § 275-55.1) The extent and distribution of land cover types present before the initiation of land-disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
A lot, parcel, tract, or plot of land, together with the
buildings and structures thereon.
(As it pertains to post-construction stormwater management, § 275-55.1) Has the meaning given in § NR 140.05(17), Wis. Adm. Code.
Corridors which include the best remaining woodlands, wetlands,
and wildlife habitat areas and are, in effect, a composite of the
best residual elements of the natural resource base. These corridors
have truly immeasurable environmental and recreational value. Their
preservation in an essentially open, natural state, including park
and open space site uses and country estate residential uses, will
serve to maintain a high level of environmental quality, protect its
natural beauty, and provide valuable recreation opportunities.
See "use, principal."
A sewage treatment and disposal system serving a single structure,
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the Department of Safety and Professional Services, including
a substitute for the septic tank or soil absorption field; a holding
tank; a system serving more than one structure; or a system located
on a different parcel than the structure.
(As it pertains to post-construction stormwater management, § 275-55.1) An area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the widths provided in Subsection G(4)(d), as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.
A formal meeting held pursuant to this chapter, intended
to inform and obtain public comment prior to taking action in accordance
with this chapter.
A meeting of members of a governmental body, for the purpose
of exercising the responsibilities, authority, power or duties delegated
to or vested in the body, which is held in a place reasonably accessible
to members of the public and open to all citizens at all times.
Any sign that was requested and approved by the Common Council,
Plan Commission and/or Department of Community Development that is
on City-owned property and provides a service and/or good to the City
and public.
All persons, firms, corporations, copartnerships or a municipal
authority providing gas, electricity, water, steam, telephone, cable,
communications, telecommunications, sewer or other services of a similar
nature.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] Has the meaning given in § 196.01(5), Wis. Stats.
The pyrolysis (or devolatilization) process occurs at around
200° C. to 300° C. Volatiles are released and char is produced,
resulting in up to 70% weight loss for coal. The process is dependent
on the properties of the carbonaceous material and determines the
structure and composition of the char, which will then undergo gasification
reactions.
The use of land for planting, growing, cultivating, and harvesting
of crops for human or livestock consumption.
A longitudinal segment of a stream generally including those
floodlands wherein flood stages are primarily and commonly controlled
by the same man-made or natural obstructions to flow.
Base floodwaters will not inundate the land or damage structures
to be removed from the special flood hazard area and any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven, which may be designed as temporary
living accommodations, and is used for recreational, camping, and
travel use. Recreational vehicles may include but are not limited
to truck trailers, truck campers, pop-up tents, boats, jet skis, personal
watercraft, snowmobiles, camping trailers, and self-propelled campers.
A vehicle that is over 20 feet in length and seven feet in
height.
Any proposed expansion, addition, reduction, or other alteration
to an existing building, structure, or other constructed feature on
a lot or site. Redevelopment also includes changes in use to existing
buildings, as well as modifications to site features such as parking,
signage, landscaping, grading, stormwater management devices, or changes
to outdoor storage.
(As it pertains to post-construction stormwater management, § 275-55.1) Areas where development is replacing older development.
A receptacle larger than 96 gallons in which debris and/or
garbage is placed for pickup.
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
1% chance of being equaled or exceeded in any given year; and if depicted
on the FIRM, the RFE is equivalent to the BFE.
A person who is registered as a professional engineer pursuant
to § 443.04, Wis. Stats.
(As it pertains to nonmetallic mining, § 275-63):
The county in which the nonmetallic mining site is located,
that has an applicable reclamation ordinance under s. 295.13, Stats.,
except where a municipality has adopted an applicable reclamation
ordinance pursuant to par. (B).
The municipality in which the nonmetallic mining site is located
and which has adopted an applicable reclamation ordinance under s.
295.14, Stats.
The department, in cases where a county mining reclamation program
is no longer in effect under s. 295.14, Stats., but only if there
is no applicable reclamation ordinance enacted by the municipality
in which the nonmetallic mining site is located.
Any plan that places additional regulations, guidelines,
policies, etc., on a specific property or area within the City of
New Berlin.
The replacement or redistribution of topsoil or topsoil substitute
material to all areas where topsoil was actually removed or affected
by nonmetallic mining for the purposes of providing adequate vegetative
cover and stabilization of soil conditions needed to achieve the approved
post-mining land use and as required by the reclamation plan approved
pursuant to this chapter.
Research, development, and testing laboratories that do not
involve the mass manufacture, fabrication, processing or sale of products.
(As it pertains to construction site erosion control, § 275-55.2) The landowner or any other entity performing services to meet the performance standards of this section through a contract or other agreement.
(As it pertains to post-construction stormwater management, § 275-55.1) Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.
Establishments primarily engaged in the sale of goods and
materials to the general public. Retail commercial uses may include,
but are not limited to, bookstores, antique stores, convenience stores,
bakeries, grocery stores, and other similar uses.
The width between property lines of a dedicated street or
alley.
The occasional sale of personal property at a residence conducted
by one or more families in a neighborhood. Rummage sales do not exceed
four consecutive days in length and are not conducted more often than
three times per year. Rummage sales do not involve the resale of merchandise
acquired for that purpose. Rummage sales are also known as "garage
sales." Flea markets are not rummage sales.
The rainfall, snowmelt, or irrigation water flowing over
the ground surface.
(As it pertains to construction site erosion control, § 275-55.2) Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.
These lots are generally defined as not being served by municipal sewer and water and not within the current Sewer Service Area as defined in § 235-26C.
A method of visually shielding or obscuring one abutting
or nearby use or structure from another by fencing, walls, earthen
berms, change of grade, or densely planted vegetation or landscaping.
The vertical movement of a static message or display on an
electronic message board.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
Often remnants of primary environmental corridors, which
have been developed for intensive agricultural and urban uses. Secondary
environmental corridors facilitate surface water drainage, maintain
pockets of natural resource features, and provide corridors for the
movement of wildlife, as well as for the movement and dispersal of
seeds for a variety of plant species. Such corridors should also be
preserved in essentially open, natural uses as development proceeds.
(As it pertains to construction site erosion control, § 275-55.2) Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
(As it pertains to construction site erosion control, § 275-55.2) A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
(As it pertains to post-construction stormwater management, § 275-55.1) A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutter, ditches, constructed channels or storm drains, which meets all of the following criteria:
Establishments that primarily engage in rendering services
to businesses, including but not limited to printers, equipment rental,
protective services, mailing, photo finishing, and other similar services.
The minimum distance a building or structure shall be located
from a lot line or base setback line. The setback line shall be drawn
parallel to a lot line.
The horizontal distance between the base setback line and the nearest roofed or enclosed portion of a building or any projection thereof, excluding uncovered steps and stoops, gutters, and awnings. See § 275-46A.
The minimum horizontal distance between the ordinary high-water
mark of a navigable body of water and a line parallel thereto through
the nearest roofed or enclosed portion of the principal structure,
excluding uncovered steps and stoops, gutters, and awnings.
The minimum horizontal distance between the rear internal lot line and a line parallel thereto through the nearest roofed or enclosed portion of the principal structure, excluding uncovered steps and stoops, gutters, and awnings. A rear setback is opposite a front setback. A rear setback is not measured from a public road or street frontage. See § 275-46A.
The minimum horizontal distance between the side internal lot line and a line parallel thereto through the nearest roofed or enclosed portion of the principal structure, excluding uncovered steps and stoops, gutters, and awnings. See § 275-46A.
The minimum horizontal distance between the nearest delineated
wetland and a line parallel through the nearest impervious surface.
The Southeastern Wisconsin Regional Planning Commission.
Acts or simulated acts of masturbation, homosexuality, sexual
intercourse, or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or, if such person is a female, breasts.
A group of commercial establishments which is planned, constructed,
and managed as a total entity, with ample customer and employee parking
provided on site, with provision for goods delivery separated from
customer access, and with aesthetic considerations and protection
from the elements. Shopping centers are further defined by size and
service area and include "neighborhood shopping centers" which occupy
about five to 10 acres and generally sell goods to meet the daily
needs of customers and "community shopping centers" which occupy 10
to 30 acres and generally feature a junior department store or discount
store and feature broader lines of shopper goods to encourage comparison
shopping.
Those lands lying within the following distances from the
ordinary high-water mark of navigable waters: 1,000 feet from a lake,
pond, or flowage and 300 feet from a river or stream or to the landward
side of the floodplain, whichever distance is greater. Shorelands
shall not include those adjacent to farm drainage ditches where:
A woody plant consisting of several small stems from the
ground or small branches near the ground; may be deciduous or evergreen.
A name for the second front lot line on a corner lot.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names,
or trademarks, by which anything is made known and which is used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity, or product and which is visible from
any public street or highway.
The message or advertisement and any other symbols on the
face of a sign.
The area or display surface used for the message.
A sign that is mounted or painted on or attached to a canopy,
awning, or marquee. See Figure XI-4.
A sign which serves primarily to direct traffic to the location
of a place, area or activity within the premises.
Any sign placed upon or supported by the ground independent
of any other structure. See Figure XI-4.
A sign supported directly by the ground, whose base is made
of stone, concrete, metal, brick or similar materials which is not
less than 75% of the width of the sign face, that is not connected
to or joined with any other building or structure.
A sign that is mounted on a freestanding pole or other support
so that the bottom of the sign is 10 feet or more above grade. See
Figure XI-4.
A sign that is not permanent and is not affixed to a building,
structure, or to the ground. Such sign is sometimes mounted on wheels
to make it transportable. See Figure XI-4.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
See Figure XI-4.
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the point of a building with a flat roof, the eave line of a
building with a gambrel, gable, or hip roof, or the deckline of a
building with a mansard roof. See Figure XI-4.
A two-sided portable sign, constructed of wood, cardboard
or similar rigid material, generally displayed outside a commercial
establishment to identify a product or service.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for or forms the background surface of the sign and which does not
project more than 12 inches from such building or structure. See Figure
XI-4.
A sign that is applied or attached to the exterior or interior
of a window or located in such manner within the building that it
can readily be seen from the exterior of the building through a window.
See Figure XI-4.
|
Figure XI-4
Sign Types
 |
The practice of establishing, tending, and reproducing stands
of trees; involves prescribing such cultural operations as weedings,
thinnings, prunings, and measures to protect the trees from insects,
disease, and other natural elements.
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control § 275-55.2) Activities including tree nursery operation, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
The entire area included in the legal description of the
land on which a land-disturbing or land-development activity is proposed
in a zoning or use approval permit application.
A map showing the location of the proposed subdivision within
its neighborhood context. This map is prepared at a more general scale
and is based on existing published data. The features that shall be
shown on the site context maps include the following topography (from
New Berlin or Waukesha County maps): stream valleys, wetlands complexes,
primary and secondary environmental corridors and natural resource
areas, woodlands, ridgelines, public roads and rights-of-way, trails,
utility easements, public land, land protected under conservation
easements, and floodplains.
The difference in elevation divided by horizontal distance
and shall be measured over the entire parcel based on two-foot contour
intervals, as shown in the following formula:
|
Average slope = 0.0046 x length of contour lines (in feet)/site
or parcel area in acres
|
Land that has an average slope of 20% or greater.
[As it pertains to small wind energy systems, § 275-42G(5)] A small wind energy system means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wisconsin Statutes, § 66.0403(1)(m). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or cabling or other components used in the system, which system does not generate an excess of 100 kilowatts of electricity. "Total height" means the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point.
(As it pertains to nonmetallic mining, § 275-63) Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Ch. 283, Wis. Stats., or source material, special nuclear material or by-product material, as defined in § 254.31(1), Wis. Stats.
The SPO Special Plan Overlay District may be applied in areas
where specific regulations, design guidelines, and other recommendations
have been created through the development of a planning document specific
to various areas throughout New Berlin.
A group of indoor and/or outdoor sports facilities; refer to § 275-36D(5) regarding commercial park/sports complexes.
The staff of the Community Development Department of the
City of New Berlin, Wisconsin.
(As it pertains to floodplain, § 275-65) The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(As it pertains to illicit charges and connections, § 275-55.3) Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or -altered drainage channels, reservoirs, and other drainage structures.
(As it pertains to post-construction stormwater management, § 275-55.1) A comprehensive plan designed to reduce the flow rate, runoff volume, and discharge of pollutants from stormwater after the site has undergone final stabilization following completion of the construction activity.
(As it pertains to post-construction stormwater management, § 275-55.1) A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
That portion of a principal building included between the
surface of any floor and the surface of the next floor above or, if
there is no floor above, the space between the floor and the ceiling
next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area
of which does not exceed 2/3 of the floor area of the story immediately
below it, and which does not contain an independent dwelling unit.
A public right-of-way not less than 60 feet wide providing
primary access to abutting properties.
A public street or highway used or intended to be used primarily
for fast or heavy through traffic, as defined in the adopted City
Comprehensive Plan or component thereof. Arterial streets and highways
shall include freeways and expressways as well as arterial streets,
highways, and parkways.
A street used, or intended to be used, to carry traffic from
minor streets to the major system of arterial streets.
A street used, or intended to be used, primarily for access
to abutting properties.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, girders, roof members,
or floor joists.
Any construction or assembly of materials, such as buildings,
towers, canopies, masts, poles, booms, signs, decorations, carports,
machinery, retaining walls, and equipment. By this definition, all
buildings are structures; however, not all structures are buildings.
(As it pertains to floodplain, § 275-65) Any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
A building or structure lawfully existing at the time of
enactment of this chapter or amendments thereto that does not comply
with all of the applicable area, height, and placement regulations
of this chapter. 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.
Any person, individual, firm, partnership, association, corporation,
estate, trust, or any other group or combination acting as a unit,
dividing or proposing to divide land so as to constitute a subdivision
or CSM as herein defined, and includes any agent of the subdivider.
The legal or beneficial owner(s) of a lot or of any land
included in a proposed development, including the holder of an option
or contract to purchase.
A division of a lot, parcel or tract of land by the owner
thereof or his agent for the purpose of sale or building development
where:
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs,
modifications or additions; such ordinary maintenance repairs include
internal and external painting, decorating, paneling, and the replacement
of doors, windows, and other nonstructural components.
(As it pertains to floodplain, § 275-65) Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either:
Any project for the improvement of a building required to correct
existing health, sanitary or safety code violations identified by
the Building Official and that are the minimum necessary to assure
safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
co-location.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
These lots are generally defined as being served by municipal sewer and water, lying within the current Sewer Service Area as defined in § 235-26C.
[As it pertains to mobile tower siting regulations, § 275-41C(16)] An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
See "financial guaranty or surety."
An establishment engaged in placing permanent designs in
ink on human skin or in piercing the body for the placement of jewelry
or body art.
Devices used for the transmission and receiving of digital
or analog communications.
A tightly intermingled layer of partially decomposed stems
and roots of grass, which usually develops between the actively growing
grass and the soil surface. Grass clippings do not contribute to thatch.
(As it pertains to post-construction stormwater management, § 275-55.1) An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
The surface layer of soil which is generally more fertile
than the underlying soil layers, which is the natural medium for plant
growth and which can provide the plant growth, soil stability and
other attributes necessary to meet the success standards approved
in the reclamation plan.
(As it pertains to nonmetallic mining, § 275-63) Soil or other unconsolidated material either used alone or mixed with other beneficial materials and which can provide the plant growth, site stability and other attributes necessary to meet the success standards approved in the reclamation plan.
(As it pertains to post-construction stormwater management, § 275-55.1) The amount of pollutants specified as a function of one or more water quality parameters that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
(As it pertains to post-construction stormwater management, § 275-55.1) Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
(As it pertains to post-construction stormwater management, § 275-55.1) The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.
The use by any person of residential property for hostels,
hotels, inns, lodging, motels, resort or other similar uses.
(As it pertains to post-construction stormwater management, § 275-55.1 and construction site erosion control, § 275-55.2) A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
Structures used for the loading, unloading, or transfer of
materials onto semitractors and trucks.
A tree's roots where the roots begin to spread at the
base of the tree that should remain partially visible after planting.
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade-separated interchange ramps.
(As it pertains to post-construction stormwater management, § 275-55.1) A rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973." Rainfall depths shall be consistent with Technical Report 40, "Rainfall Frequency in the Southeastern Wisconsin Region," SEWRPC, April, 2000.
See "base setback line."
(As it pertains to floodplain, § 275-65) Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.
Areas shown as "Zone A" on FEMA's Flood Insurance Rate
Map, which would be inundated by the 100-year recurrence interval
flood, where base flood elevations have not been determined. The unnumbered
A Zones may or may not be reflective of flood profiles, depending
on the availability of data for a given area.
(As it pertains to nonmetallic mining, § 275-63)
Those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under § 275-65.17C. However, the term does not include any areas described in Subsection B.
"Unreclaimed acre" or "unreclaimed acres" does not include:
Those areas where reclamation has been completed and certified
as reclaimed under § 275-65.17C.
Those areas previously affected by nonmetallic mining but which
are not used for nonmetallic mining after August 1, 2001.
Those portions of nonmetallic mining sites which are included
in a nonmetallic mining reclamation plan approved pursuant to this
chapter but are not yet affected by nonmetallic mining.
Areas previously mined but used after August 1, 2001, for a
nonmining activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and
tile operation or other industry that uses products produced from
nonmetallic mining.
For purposes of fees under § 275-65.15, those areas
within a nonmetallic mining site which the City has determined to
have been successfully reclaimed on an interim basis in accordance
with § 275-65.17C.
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
A use that is subordinate to the principal use that is located
on the same lot.
A use that is of a special nature that makes it impractical to predetermine the use as a principal use in a district. Conditional uses must meet the requirements of § 275-27 and any other additional regulations as specified in this chapter.
Any use of a building or premises which, as of the effective
date of this chapter, does not, even though lawfully established,
comply with all of the applicable use regulations of the zoning district
in which such building or premises is located.
The main use of land or buildings as distinguished from a
subordinate or accessory use. A principal use is specifically authorized
as a use-by-right in a particular zoning district and may be operated
after securing the necessary building permit, zoning permit or use
approval when in compliance with all other regulations of this chapter.
A use that is not permitted anywhere within the basic or
overlay district.
A use that may be permitted for a specified amount of time.
Temporary uses shall require a temporary zoning permit and may be
subject to additional building and zoning requirements.
The public and private facilities, that are not of a regional nature, such as water wells, sanitary sewers, water mains, water and sewage pumping stations, water storage tanks, water purification facilities, power and communication transmission lines, electrical power stations and substations, static transformer stations, telephone and telegraph exchanges and gas regulation stations, wastewater treatment plants, municipal incinerators and storage yards. Telecommunication facilities are not to be considered utilities. See also § 275-40.
[As it pertains to mobile tower siting regulations § 275-41C(16)] A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Chapter 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; [for] video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.
An authorization granted by the Board of Appeals to construct
or alter a building or structure in a manner that deviates from the
dimensional standards of this chapter. A variance may not permit the
use of a property that is otherwise prohibited by this chapter or
allow construction in a flood hazard overlay district that is not
protected to the flood protection elevation.
(As it pertains to floodplain, § 275-65) The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
A sketch plan is a simple and inexpensive drawing illustrating
conceptual layouts of house lots, streets, and conservation areas.
It should ideally be based upon the existing resources and site analysis
map and comments received from local officials during the presketch
conference and onsite visit.
Structures used for the storage or distribution of goods
where there is no sale of items to retailers or the general public.
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of a river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating flood hazard areas.
(As it pertains to post-construction stormwater management, § 275-55.1, and construction site erosion control § 275-55.2) Has the meaning given in § 281.01(18), Wis. Stats. Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.
The entire region or area contributing runoff or surface
water to a particular watercourse or body of water.
A tree of little or no value, usually because of its species.
An excavated opening in the ground made by digging, boring,
drilling, driving or other methods for the purpose of obtaining groundwater,
regardless of its intended use.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
The sale of merchandise to retail and service commercial
uses, office uses, or institutional uses, or to other wholesalers.
"Wholesale commercial uses" may also mean acting as an agent or broker
in the buying or selling of merchandise but not selling to the general
public.
A sale by wholesalers to retailers, jobbers, dealers, or
other wholesalers for resale. Does not include a sale by wholesalers
to users or consumers not for resale.
The rules of a state agency which have the effect of law
and which are issued by an agency to implement, interpret, or make
specific legislation enforced or administered by the agency, or govern
the organization or procedure of the agency. "Wisconsin Administrative
Code" shall mean such rules as they may be amended from time to time.
The laws of the State of Wisconsin, published biennially,
as they may be amended from time to time.
Dwelling units that are provided for persons who are employed
by the agricultural use or business located on the same site as the
housing.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except the vegetation. Front
yards and rear yards extend the full width of the lot.
An area extending between the side lots lines from the street(s) to the front building face of the principal structure. See § 275-46B.
An area extending between the side lot lines from the rear lot line(s) to the rear building face of the principal structure. See § 275-46B.
An area extending between the side lot line to the side building face of the principal structure from the front yard to the rear yard of the lot. Lots generally have two side yards; however, corner lots and lots within zero-lot-line developments may only have one side yard. See § 275-46B.
The determination of density, or maximum number of permitted dwelling units, shall be based on an actual yield plan. See § 275-33G(2).
A development where the structure is located on the side
lot line with no setback. This may include town homes or two-family
dwellings that are designed to have a party wall along a side lot
line or single-family homes with one side of the structure located
against alternating side lot lines.
The map adopted as an ordinance by the municipality that
delineates the extent of each district or zone established in this
chapter.
A permit required by Article I.
