It is the intent of this chapter to carry out the statutory
purposes enumerated in §§ 61.35 and 62.23(7), Wis.
Stats., including but not limited to:
A.
Regulate areas in which various land uses may be conducted.
B.
Regulate the location of community facilities.
C.
Regulate the location and operation of economic development areas.
D.
Regulate the location, bulk, height and similar features of structures,
including the overall population density of the community.
E.
Establish zoning districts to accomplish the above and other purposes.
F.
Regulate land use along natural watercourses to protect such courses.
G.
Regulate land use for the protection of groundwater resources.
H.
Regulate so as to preserve areas with historic or aesthetic value.
I.
Provide for special planned development districts pursuant to § 62.23(7)(b),
Wis. Stats.
A.
In accordance with § 62.23(7)(c), Wis. Stats., the regulations
of this chapter shall be made and administered in accordance with
a comprehensive plan as authorized in § 62.23(3), Wis. Stats.
B.
Also in accordance with § 62.23(7)(c), Wis. Stats., and
related areas of the statutes, the regulations of this chapter are
designed to:
(1)
Lessen congestion in the streets.
(2)
Secure safety from fire, panic and other dangers, including flooding
and soil erosion.
(3)
Provide adequate light and air, including access to sunlight for
solar collectors and to wind for wind energy systems.
(4)
Prevent the overcrowding of land and the destruction of natural resource
area such as wetlands.
(5)
Facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements.
(6)
Relate the regulations to the character of the neighborhood and its
suitability for particular uses, with a view to conserving the value
of buildings and encouraging the most appropriate use of land throughout
the community.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, rules, or permits previously adopted or issued pursuant
to law. However, wherever this chapter imposes greater restrictions,
the provisions of this chapter shall govern.
In the interpretation and application of this chapter, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the Village and shall not be construed
to be a limitation or repeal of any other power granted by the Wisconsin
Statutes, as may be amended from time to time, or now possessed by
the Village.
A.
If any section, clause, provision or portion of this chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
B.
If any application of this chapter to a particular structure, land,
or water is adjudged unconstitutional or invalid by a court of competent
jurisdiction, such judgment shall not be applicable to any other structure,
land or water not specifically included in said judgment.
C.
The Village does not guarantee, warrant or represent that any land
is suitable for development and hereby asserts that there is no liability
on the part of the Village, its agencies or employees for any flood
damage, sanitation problems, or structural or other damages that may
occur as a result of reliance upon and conformance with this chapter.[1]
This chapter became effective January 13, 1998, upon adoption
by the Village Board after the public hearing and after the review
and recommendation by the Village Plan Commission required under § 62.23,
Wis. Stats.
A.
Compliance. No structure, land or water shall be hereafter used and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit, except as specifically exempted herein,
and without full compliance with the provisions of this chapter.[1]
B.
Previously issued permits. Zoning permits issued in compliance with
law prior to the effective date of any amendments to this chapter
which affect the terms of said permits remain valid, provided that
substantial work authorized by the permit has been commenced within
six months of the date of permit issuance, and provided that work
is being diligently pursued so as to be eligible, in the opinion of
the Zoning Administrator, for issuance of an occupancy permit within
18 months of the zoning permit issuance date.
In the construction of this chapter, the following words, rules,
and definitions contained in this article shall be observed and applied,
except when the context clearly indicates otherwise:
A.
Words used in the present tense shall also include the future, and
words used in the singular number shall also include the plural, and
the plural shall also include the singular.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
The word "lot" shall also include the words "piece," "parcel" and
"plots."
E.
The word "building" includes all other structures of every kind,
regardless of their lack of similarity to buildings.
F.
The phrase "used for" shall include "arranged for," "designed for,"
"intended for," "maintained for" and "occupied for."[1]
G.
All measured distances shall be to the nearest integral foot. If
a fraction is 1/2 foot or less, the next below shall be taken.
As used in this chapter, the following terms shall have the
meanings indicated:
A way of approaching or exiting a property. "Access" also
includes ingress, the right to enter, and egress, the right to leave.
See Article III, Accessory Structures and Uses, of this chapter.
Any construction which increases the size of a building,
such as a porch, attached garage or carport, or a new room or wing.
An addition is a form of alteration.
An area of land or water which is used or intended for use
for the landing and taking off of aircraft, and any appurtenant areas
which are used or intended for use for airport buildings or other
airport facilities or rights-of-way, including all necessary taxiways,
aircraft storage and tie-down areas, hangars, and other necessary
buildings and open spaces. [See § 114.002(7), Wis. Stats.]
Any land intended for the landing or takeoff of aircraft.
A special public right-of-way affording only secondary access
to abutting properties typically at the rear or sides. (See also "street,
frontage.")
A physical change in a building or an addition to it. As
applied to a building or structure, "alteration" means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
A building or premises for the medical or surgical treatment
of domestic animals or pets, including dogs and cats, as contrasted
with veterinary facilities for farm and other large animals such as
horses and cows, and distinguished from a kennel in that no outdoor
runs shall be permitted for boarded animals.
Antenna erected for commercial use. May also be referred
to as "array" or "tower."
[Added 10-11-2010]
Antenna erected for noncommercial use.
[Amended 10-11-2010]
A suite of rooms or a room in a multiple dwelling which suite
or room is arranged, intended or designed to be occupied as a residence
of a single family, individual, or group of individuals. (See "family.")
A one-room apartment, not counting kitchen or bath, designed
for occupancy by a single individual.
A building or that portion thereof used for or containing
both individual guest rooms and dwelling units designed for more or
less permanent occupancy.
A building or that portion thereof containing three or more
dwelling units usually, but not necessarily, sharing a common building
entrance. (See also "townhouse"; see "dwelling, multiple.")
Synonymous with the word "tract," which is a piece of land
capable of being described with such definiteness that its location
may be established and its boundaries ascertained.
Roadways which are designed to accommodate long trips at
the highest allowable speeds within the community. They connect all
subregions within the area and urban and rural service area, as well
as by providing connections to outstate cities. Direct land access
to principal arterials is typically restricted.
See "car wash."
Any place where two or more motor vehicles not in running
condition, or parts thereof, are stored in the open and are not being
restored to operation, or any land, building, or structure used for
wrecking or storing of such motor vehicles or farm machinery, or parts
thereof, and including the commercial salvaging of any other goods,
articles, or merchandise.
A retail place of business where gasoline, kerosene, or any
other motor fuel or lubricating oil or grease for operating motor
vehicles is offered for sale to the public and deliveries are made
directly into motor vehicles and possibly including facilities for
greasing, oiling, washing and minor repair of vehicles on the premises,
but not including automatic car washing or any body repair facilities
or storage of vehicles for scrap or spare parts.
A roof-like cover that projects from the wall of a building
for the purpose of shielding a doorway or window from the elements.
A portion of a building located partly underground but, for
purposes of computing floor area ratio, having half or less than half
of its floor-to-ceiling height below the average grade of the adjoining
ground. (See also "cellar.")[1]
The land lying between the edge of the existing street right-of-way
and the base setback line.
The line from which all required setbacks are measured, which line corresponds to the established ultimate street right-of-way line as set forth in Article XIV of this chapter.
See "tourist home."
For purposes of this chapter, a type of sign which advertises
products, services, or speech not related to the premises on which
the sign is located.[2]
Any accessory building designed for the purpose of storing
boats and other water-related recreational materials and accessible
from the water.
The portion of a lot remaining after required yards have been provided. (See § 22-98 and also "floor area ratio" and "open space.")
Any structure used, designed, or intended for the roofed
shelter, enclosure or protection of persons, machinery, animals, or
materials and which is permanently affixed to the land. (See "trailer,"
"mobile home" and "recreational vehicle.")
A principal building surrounded by open space on the same
lot.
The vertical distance from the average building grade in front of the structure at the building line to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the highest point of the highest gable of a gambrel, hip, round, arched, or pitch roof. (See § 22-95.)
See setbacks and offsets, § 22-93.
The building on a lot in which is conducted the principal
use as permitted on such lot by the regulations of the district in
which it is located.
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
of Natural Resources 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 or other provisions of this chapter.
Any establishment, occupation, employment or enterprise wherein
merchandise is manufactured, repaired, exhibited, stored, or sold
or where services are offered for compensation. (See "home occupation.")
Any area or tract of land used to accommodate two or more
camping parties, including cabins, tents, house trailers, or other
camping outfits for overnight occupancy.
Any shelter designed to provide sleeping, eating and living
quarters and designed to be transported on wheels from place to place,
but being less than 20 feet in length. In any such shelter which exceeds
20 feet, it shall be considered a house trailer, and if the wheels
have been removed, it shall be construed as a permanent dwelling structure.
(See also "recreational vehicle.")
A structure having a roof, with or without supporting walls,
posts or columns, used, designed or intended to be used for the protection
or shelter of private motor vehicles. For the purpose of this chapter,
a carport shall be considered to be the equivalent of a garage except
when computing minimum required residential floor area.
Any facility used for the washing of passenger-car-sized
vehicles requiring the installation of special equipment or machinery
and plumbing affixed to or affixed separate from a structure.
That portion of the building having more than 1/2 of the
floor-to-ceiling height below the average grade of the adjoining ground,
and not qualifying as floor area.
Land used for the burial of the dead and dedicated for cemetery
purposes, including columbarium, crematories, mausoleums, and mortuaries
when operated in conjunction with and within the boundary of such
cemetery.
Those floodlands normally occupied by a stream of water under
average annual high water flow conditions while confined within generally
well-established banks.
The act or action which results in an interconnection of
two bodies of water, usually navigable by surface craft.
See "day-care center."
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which is
maintained and controlled by a religious body organized to sustain
public worship.
A group of medical or dental offices organized as a unified
facility to provide medical or dental treatment as contrasted with
an unrelated group of such offices, but not including overnight bed
patient care.
The lowest temperature at which a combustible liquid under
prescribed conditions will give off a flammable vapor which will propagate
a flame. The Tag closed-cup tester shall be authoritative for liquids
having a flash point below 175° F. The Pensky-Martens tester shall
be authoritative for liquids having flash points between 175°
F. and 350° F.
Buildings and facilities, owned or operated by a corporation,
association, person or persons, for a social, educational, or recreational
purpose, to which membership is required for participation and not
operated primarily for profit nor to render a service which is customarily
carried on as a business. Restaurant or alcoholic beverage serving
services shall be secondary to the main purposes and use of the property.
Roadways which are designed to perform the function of collecting
traffic from local streets and distributing it to and from arterials.
Any antenna regardless of height or size erected for the
purpose of providing public entertainment and information or subleased
to other individuals or corporations, including partnerships, associations,
etc., for the same purposes.
Any facility falling within the definition of § 46.03(22),
Wis. Stats.
See § 22-110.
The ownership of single units in a multiunit structure or
of single units on a tract with more than one such unit where the
land or other common areas and facilities are owned jointly.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the technical guide prepared
by the USDA Natural Resources Conservation Service for a county, adopted
by the County Soil and Water Conservation District Supervisors, and
containing suitable alternatives for the use and treatment of land
based upon its capabilities from which the landowner selects that
alternative which best meets his needs in developing his soil and
water conservation plan.[3]
Any modification or change to an existing dwelling which
is intended to or actually does increase the number of dwelling or
room units.
The ratio between the amount of land shaded by the vertical
projection of the branches and foliage area of standing trees to the
total area of land, usually expressed as a percentage.
Any facility or home where children under 12 years of age who
are not members of the family or the superior or custodian in charge:
Meet or are scheduled to meet regularly for more than one day
a week, for all or part of the day but not overnight; and
Meet either to be watched or cared for, while their parent or
guardian is otherwise engaged, to be afforded opportunities for physical,
social, emotional or intellectual growth or stimulation.
These terms shall not include hospitals, nursing homes, Sunday schools, facilities under the direction of an established and accredited school system, facilities used for club or organization meetings when such club or organization regularly meets no more than once a week, or casual baby-sitting. Facilities for the elderly ages are included, provided Subsection A(1) and (2) above are met.
A facility serving ages other than children, typically the
infirm elderly, in the manner of a child-care center.
A logarithmic unit of measurement of the intensity (loudness)
of sound. Sound-level meters which are employed to measure the intensity
of sound are calibrated in decibels.
The quotient of the total number of dwelling units divided
by the gross site area. This form of computation usually applies only
in planned unit developments.
The allowable number of dwelling units per net buildable
site area after excluding all or portions of present and future street
rights-of-way, wetlands, water bodies, or floodplains.
The legal or beneficial owner(s) of a lot or parcel of any
land proposed for inclusion in a development, including the holder
of an option or contract to purchase.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or deposition of materials.
Overlay districts allow for superimposing certain additional
requirements or uses upon a basic zoning district.
The process of excavation for purposes of surface water drainage
and removal; a shallow channel, not navigable, used for the conductance
of waters.
The Wisconsin Department of Natural Resources.
A facility for the keeping or boarding of more than three
dogs over six months of age.[4]
A person who lives in the family of another, paying no rent
for such occupancy and paying no part of the cost of utilities therefor,
performing household duties and working solely within the house for
the upkeep thereof and for the care and comfort and convenience of
the family and occupants thereof. No person, and no member of the
family of any person, who pays rent for himself or his family shall
be deemed the domestic servant of the person to whom such rent is
paid.
A building or portion thereof used for sleeping purposes
in connection with a school, college or other institution.
A surface ditch or underground tile line constructed for
the purpose of lowering the water table so that land may be farmed
or used for other purposes.
The geographic area the general configuration of which causes
surface waters to flow in a specific direction; the area, contained
by a naturally defined watershed, draining all surface waters.
Any natural or artificial watercourse, including but not
limited to streams, rivers, creeks, ditches, channels, canals, conduits,
culverts, streams, waterways, gullies, ravines or washes, in which
waters flow in a definite direction or course, either continuously
or intermittently, and including any area adjacent thereto which is
subject to inundation by reason of overflow or floodwater.
The placement of tile for the purpose of removing excess
waters from the soil, either for agricultural purposes or for the
removal of waters around the building foundations.
The process by which bottom materials are removed from bodies
of water for the purposes of deepening the body of water.
A term used to describe an establishment designed or operated
to serve a patron while seated in an automobile parked in an off-street
parking space.
Similar to drive-in, but the automobiles are made to form
a queue of one or more lanes to be served at a window or automated-teller
outlet, rather than a parking space.
See "access."
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
A building designed and/or used exclusively for residential
purposes and containing two dwelling units.
The rate that particulate matter collects in an open jar
for a thirty-day period, expressed as tons per square mile per month.
Procedures and equipment for the measurement of such shall be as standardized
by the American Society for Testing and Materials.
A building or portion thereof designed for and occupied by
two or more families, including apartment houses and townhouses, also
called "row houses" or "town homes."
One of a series of three or more attached dwelling units
separated from one another by continuous vertical party walls without
openings from basement floor to roof.
A dwelling having a party wall in common with another dwelling
but which otherwise is designed to be and is substantially separate
from any other structure or structures except accessory buildings.
A residential structure designed to house a single family
unit from lowest level to roof, with private entrance, but not necessarily
occupying a private lot, and sharing common walls between adjoining
units. (See "dwelling, row house or townhouse.")[5]
A residential structure designed to house a single family
on a private lot and surrounded on all sides by a private yard.
A detached or semidetached building used for residential
occupancy by two families living independently of each other.
Describes a cyclic movement of the earth due to energy propagation.
Any process which physically alters the existing topography
by means of mechanical or hydraulic equipment and the voiding of soils
of vegetated cover so as to make the same soil susceptible to erosion.
The removal or extraction of any stone, sand, gravel, loam,
topsoil, or other earth or earth product from a lot or parcel of land,
except where such removal is for the purpose of grading a lot upon
which a building is to be erected or a roadway or parking surface
is to be built.
Authorization by a property owner for the use by another
and for a limited purpose of any designated part of his property.
See "apartment, efficiency."
A poultry confinement facility used or designed for the raising
of poultry for egg production having a capacity of 200 or more hens.
Public or private enclosures designed to protect people from
aerial, radiological, biological, or chemical warfare, fire, flood,
windstorm, riots, or invasions.
Any fill, structure, building, use or development in the
floodway.
The effect of any encroachment into the floodway must be
computed by assuming an equal degree of hydraulic encroachment on
the other side of a river or stream for a significant hydraulic reach.
This computation assures that property owners up, down or across the
river or stream will have the same rights of hydraulic encroachment.
Encroachments are analyzed on the basis of the effect upon hydraulic
conveyance, not upon the distance the encroachment extends into the
floodway.
The effect of any development on the storage capacity of
a floodplain area, particularly upstream from urban areas, is analyzed
assuming as equal loss of flood storage for all property owners and
subdivided lots in the storage area of a floodplain on both sides
of a river or stream for a significant hydrologic reach.
The process by which the ground surface is worn away by action
of wind or water.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, underground water storage tanks, conduits, cables,
stations, and hydrants, but not including buildings.
The act by which soil, earth, sand, gravel, rock or any similar
materials are cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
A divided arterial street or highway with full or partial
control of access and with or without grade-separated intersections.
A freeway allows no direct parcel access and separates the grade of
all intersections.
An increase in the amount of existing floor area used for
an existing use within an existing building. To "extend" is to make
an extension.
Outdoor storage of fuel, raw materials, products, equipment
or motor vehicles.
The removal of rock, slate, gravel, sand, topsoil or other
natural material from the earth by excavating, stripping, leveling
or any other process.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:[6]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit trees, and grain, etc., and their storage
on the area, as well as for raising thereon the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine, etc., except
as restricted by this chapter.
The federal agency that administers the National Flood Insurance
Program. This agency was previously known as the "Federal Insurance
Administration (FIA)" or "Department of Housing and Urban Development
(HUD)."
The probability of a flood occurrence. A flood frequency
is generally 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.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and generally
associated with standing water rather than flowing water.
A map prepared by FEMA designating approximate flood hazard
areas. Flood hazard areas are designated as unnumbered A Zones and
do not contain floodway lines or regional flood elevations. Said map
forms the basis for both the regulatory and insurance aspects of the
National Flood Insurance Program.
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 regional flood elevations and may provide floodway
lines. The flood hazard areas are designated as numbered and unnumbered
A Zones. Flood Insurance Study maps form the basis for both the regulatory
and the insurance aspects of the National Flood Insurance Program.
That land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain includes the floodway and
the flood-fringe, and may include other designated floodplain areas
for regulatory purposes.
A zoning district designed to be mapped primarily along the
lowlands adjacent to those rivers, streams and other waterways subject
to overflow or flooding in times of heavy runoff. The primary purpose
of such district is to prevent property damage or loss of life in
the adjoining lowlands.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
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.
Measures designed to prevent or reduce flood damage for those
uses which cannot be removed from, or which of necessity must be erected
on, floodplains, ranging from structural modifications to installation
of special equipment or materials to operation and management safeguards,
including, but without limitation due to enumeration, underpinning
of floors; permanent sealing of all exterior openings; use of masonry
construction; erection of permanent watertight bulkheads, shutters,
and doors; treatment of exposed timbers; elevation of flood-vulnerable
utilities; using of waterproof cement; adequate fuse protection; anchoring
of buoyant tanks; sealing of basement walls; installation of sump
pumps; placement of automatic-swing check valves; installation of
seal-tight windows and doors, installation of wire-reinforced glass;
location and elevation of valuable items; waterproofing, disconnection,
elevation, or removal of all electrical equipment; the avoidance of
the use of flood-vulnerable areas; temporary removal or waterproofing
of merchandise; postponement of orders or rescheduling of freight
shipment; operation of emergency pump equipment; closing of backwater
sewer valves; placement of plugs and flood drainpipes; placement of
movable, watertight bulkheads; and the shoring of weak walls or other
structures. Floodproofing of structures shall be extended at least
to a point two feet above the elevation of the regional flood. Any
structure that is located entirely or partially below the flood-protection
elevation shall be anchored to protect it from larger floods.
An elevation two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see "freeboard.")
Those floodplain areas where storage of floodwaters has been
taken into account in reducing the regional flood discharge.
The channel of river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
"Floor area," when prescribed as the basis of measurement
for off-street parking spaces and loading berths for any use, shall
mean the sum of the gross horizontal areas of the several floors of
the building, or portion thereof, devoted to such use, including accessory
storage areas located within selling or working space such as counters,
racks, or closets, and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, "floor area," for the purposes of
measurement for off-street parking spaces, shall not include floor
area devoted primarily to storage purposes (except as otherwise noted
herein); floor area devoted to off-street parking or loading facilities,
including aisles, ramps, and maneuvering space; or basement floor
area other than area devoted to retailing activities, to the production
or processing of goods, or to business or professional offices.[7]
The sum of the gross horizontal area of all floors of a building
or of such area devoted to a specific use, measured from the exterior
face of exterior walls or from the center line of walls separating
two buildings or uses. "Gross floor area" shall include areas such
as the following: basement floors or the lowest story, but not cellar
floors (less than 1/2 of the basement height is above the finished
lot grade level); halls, lobbies, elevator shafts used for mechanical,
electrical and plumbing equipment involved with the maintenance or
operation of the building, except equipment located in a cellar or
basement or on the roof; penthouses; attic floors, except where the
clear ceiling height is less than seven feet; interior balconies and
mezzanines; enclosed porches; and floor space used for accessory uses.
The floor area does not include the following: relatively open exterior
balconies and other covered open spaces which are eligible for inclusion
in covered open space; any terrace, patio, atrium, porch or balcony
which is not covered; any area for special purpose for common use
of all occupants, such as recreation, library or an infirmary in a
residential structure; any garage, carport or loading space; and any
area in a residential structure used for major mechanical, electrical
or plumbing equipment.
The gross floor area divided by the lot area multiplied by
100.
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 streambed.[8]
An expressway with full control of access and with fully
grade-separated intersections.
Signifies the number of oscillations per second in a sound
wave and is an index of the pitch of the resulting sound.
The dimension of a lot abutting a public street measured
along the base setback line.
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
Any property comprising land or buildings, or both, used
for the purpose of raising or harboring fur-bearing animals, including
those defined in § 29.001(30), Wis. Stats., and also including
chinchillas and other fur-bearing animals, if any, whether the animals
are kept for breeding, slaughtering or pelting purposes.
A structure primarily intended and used for the enclosed
storage or shelter of the private motor vehicles of the families resident
upon the premises. Carports shall be considered garages within this
definition, except for computing minimum required residential floor
area.
A garage, the roof of which is attached to the principal
building.
Any garage not falling within the definition of "private
garage" as herein established and used for storage, repair, rental
or servicing of motor vehicles.
[Added 3-27-2000]
See "automobile service station."
In cases where all walls of the principal building are more
than five feet from the nearest street line, the mean elevation of
the ground adjoining the building on all sides; and in all other cases,
the mean elevation of the nearest sidewalk.
The elevation of the finished street at the center line or
curb as fixed by the Engineer or by such authority as shall be designated
by law to determine such an elevation.
Any stripping, excavating, filling, stockpiling, or any combination
thereof, including the land in its excavated or filled condition.
Glassed enclosures used for horticulture where the enclosure
covers less than 500 square feet or 5% of the lot, whichever is lesser,
and the operation thereof does not exceed the definition of a "home
occupation."
The square foot area of a building within its largest outside
dimensions, exclusive of open porches, breezeways, terraces, garages,
exterior stairways, and secondary stairways.[9]
A detached accessory building located on the same zoning
lot as the principal building and containing living quarters for temporary
guests; such quarters shall not be rented.
A person who occupies or has the right to occupy a hotel
or apartment hotel accommodation as his domicile and place of permanent
residence.
A room in a hotel, motel, or tourist home offered to the
public for compensation, in which room no provision is made for cooking
and which room is used only for transient occupancy.
A residential facility for five or more adults who have been
institutionalized for various reasons and released, or who have or
have had physical or social disabilities which make operation in society
difficult and require the protection of a group setting to facilitate
the transition to a functional member of society (e.g., former convicts,
alcoholics, drug addicts, mental patients, etc.); shelter, supervision
and residential rehabilitative services are provided and the home
is licensed to operate as such by the State Department of Health Services.[10]
How measured: see "building, height of" and § 22-95.
An area used or to be used for landing or takeoff of helicopters
or other steep-gradient aircraft capable of hovering, and may include
any or all of the area or buildings which are appropriate to accomplish
these functions.
The average annual high-water level of a pond, stream, lake,
flowage or wetland referenced to an established datum plane or, where
such elevation is not available, the elevation of the line up to which
the presence of the water is so continuous as to leave a distinct
mark by erosion, change in or destruction of vegetation or other easily
recognized topographic, geologic, or vegetated characteristics.
A facility, however named, which is designed, staffed and
equipped for the care of individuals who are not in need of hospital
or nursing care but who are in need of assistance due to age with
everyday activities of living in a protected environment.
See Article IV, Home Occupations.
An institution providing health services, primarily for inpatients,
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices.
A building containing 20 or more individual sleeping guest
rooms or suites, having each a private bathroom attached thereto,
for the purpose of providing overnight lodging facilities to the general
public for compensation with or without meals, excluding accommodations
for employees, and in which ingress and egress to and from all rooms
is made through an inside office or lobby supervised by a person in
charge at all hours.
A structure not more than 20 feet by 20 feet used for the
sheltering of not more than two horses.
A structure designed to be a dwelling unit which can be moved
from place to place on wheels. As defined in § 66.0435,
Wis. Stats., a "dependent unit" means a structure not having its own
plumbing facilities, whereas an "independent unit" has plumbing as
well as heating and cooking facilities ready for hookup to utility
connections. (See also "mobile home" and "camping trailer.")
The cultivation or production of plants and animals (livestock)
and/or the by-products thereof.
Any use, whether of a building or other structure, or of
a tract of land, or body of air or of water, in which a violation
of any provision of this chapter has been committed or shall exist.
A short-duration sound which is incapable of being accurately
measured on a sound-level meter.
Any building, structure, place, work of art, or other object
constituting a physical betterment of real property, or any part of
such betterment, including street grading and surfacing with or without
curbs and gutter, sidewalks, crosswalks, water mains, sanitary and
storm sewers, culverts, bridges, streets, and trees.
A sound which is no longer than two seconds in duration,
followed by no less than a two-second rest.
A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 foot, resulting from 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.
A special or exclusive type of planned industrial area designed
and equipped to accommodate a community of industries, providing them
with all necessary facilities and services in attractive surroundings
among compatible neighbors. Industrial parks may be promoted or sponsored
by private developers, community organizations, or government organizations.
A grouping of compatible uses on a single zoning lot, such
uses being in single ownership or under unified control.
Implies a rate of combustion of a material that burns with
a high degree of activity and is consumed rapidly.
A grade-separated intersection with one or more turning lanes
for travel between intersection lanes.
An open or enclosed area or building where waste or scrap
materials are bought, sold, exchanged, stored, baled, packed, disassembled,
or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, and glass. (See also "recycling center.")
An establishment where dogs or other animal pets, not part
of the actual household on the lot on which the facility is located,
are raised, bred or boarded for compensation or sale, and whether
or not in special structures or runways.
Any room used, intended to be used or designed to be used
either wholly or partly for cooking and/or the preparation of food.
A building or part of a building devoted to the testing and
analysis of any product or animal (including humans) or to the development
of and fabrication of preliminary or pilot models. Also includes a
laboratory which provides bacteriological, biological, medical, x-rays,
pathological and similar analytical or diagnostic services to doctors
or dentists. No fabricating is conducted on the premises, except the
custom fabrication of dentures. No manufacturing is conducted on the
premises except for experimental or testing purposes.
See "sanitary landfill."
Section lines, half-section lines, quarter-section lines,
and other property lines established by metes and bounds outside the
boundaries of reported land subdivision plats.
An area that is permanently devoted and maintained to the
growing of trees, shrubbery, grass and other plant material.
The improvement of a lot, parcel or tract of land with grass,
shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds,
ornamental objects such as fountains, statuary, and other similar
objects designed and arranged to produce an esthetically pleasing
effect.
A business that provides washing, drying, and/or ironing
machines for hire to be used by customers on the premises to clean
articles of clothing, but not including the use of volatile organic
compounds (VOCs) as in dry cleaning.
The zoning status of a structure or parcel of land which, or the use of which, though legal prior to the passage of this chapter, does not comply with one or more of the provisions of this chapter. (See Article XVI.)
A trafficway, including toll roads for through traffic, in
respect to which owners or occupants of abutting property or lands
and other persons have no legal right of access to or from the same,
except at such points only and in such manner as may be determined
by the public authority having jurisdiction over such trafficway.
The livability space divided by the lot area multiplied by
100. The livability space is the open space minus the car area within
the uncovered open space, minus 1/2 any car area in that covered open
space which is eligible and credited 50% to open space. "Car area"
is open space area (uncovered and covered) used for car traffic and
maneuvering and for car parking. Included are the paved trafficways
and parking area of all streets within the lot area.
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street
parking space.
A residential building, or portion hereof, other than a motel,
apartment hotel, or hotel, containing lodging rooms which accommodate
persons who are not members of the keeper's family. Lodging or meals,
or both, are provided for compensation on a weekly or monthly basis.
A room rented as sleeping and living quarters, but without
cooking facilities and with or without an individual bathroom. In
a suite of rooms without cooking facilities, each room which provides
sleeping accommodations shall be counted as one lodging room for the
purposes of this chapter.
A contiguous parcel of land of sufficient size to meet minimum
zoning requirements for use and area and to provide required yards
and other open spaces. Such lot shall have frontage on an improved
public street, or on a Village-approved private way, and may consist
of a single lot of record; a portion of a lot of record; a combination
of complete lots of record, or complete lots of record and portions
of lots of record, or of portions of lots of record; or a parcel of
land described by metes and bounds, provided that in no case of division
or combination shall any residual lot or parcel be created which does
not meet the requirements of this chapter.
The area of a horizontal plane bounded by the front, side,
and rear lot lines of a contiguous parcel, but not including any area
occupied by the waters of a duly recorded lake or river, or of land
designated for a public street.
A lot situated at the junction of and abutting on two or
more intersecting streets, or a lot at the point of deflection in
alignment of a continuous street, the interior angle of which does
not exceed 135°.
The mean horizontal distance between the front lot line and
the rear lot line.
A lot having frontage on two streets other than at the street
intersection, the streets typically being along the front and rear
lot lines. For purposes of yard space, both shall be treated as front
yards.
A lot having frontage on only one public street.
The property line bounding a lot, except that where any portion
of a lot extends into the public right-of-way or a proposed public
right-of-way, the proposed ultimate line of such public right-of-way
shall be the lot line for purposes of this chapter.
That boundary of a lot which abuts an existing or dedicated
public street, and in the case of a corner lot, the lot line with
the shortest dimension on a public street, except that a corner lot
in a nonresidential area shall be deemed to have frontage on both
streets.
That boundary of a lot which is opposite the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be a line 10 feet
in length within the lot, parallel to, and at the maximum distance
from, the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
Any validly recorded lot which at the time of its recordation
complied with all applicable laws, ordinances and regulations.
The maximum horizontal distance between the side lot lines
of a lot measured parallel to the front lot line and at the rear of
the required front yard.
A zoning lot or lots is single tract of land located within
a single block which (at the time of filing for a zoning permit) is
designated by its owner or developer as a tract to be used, developed,
or built upon as a unit, under single ownership or control. Therefore,
a zoning lot or lots may or may not coincide with a lot of record.
The brightness of an object, expressed in terms of foot lamberts,
determined from other premises or from the street's public right-of-way,
whichever is closer to the sign.
The processing and converting of raw, unfinished, or finished
materials or products, or any of these, into an article or substance
of different character, or for use for a different purpose; also industries
furnishing labor in the case of manufacturing or the refinishing of
manufactured articles.
An intermediate story between the floor and ceiling of a
main story and extending over only part of the main floor.
A unit of length equal to 0.001 millimeter.
Local thoroughfare roadways designed to accommodate medium
to short trips within urban areas at somewhat higher speeds than local
collector streets. Direct land access to these roadways is typically
restricted.
Implies a rate of combustion described by a material which
supports combustion and is consumed slowly as it burns.
A building or series of buildings containing guest rooms
in which lodging is offered for compensation and which may have more
than five sleeping rooms or units for this purpose and which is distinguished
from a hotel primarily by reason of providing direct independent access
to and adjoining parking for each or many of the guest rooms.
A building or area in which freight brought by motor truck
is transferred and/or stored for movement in intrastate or interstate
shipment by motor truck.
See "motel."[13]
Any passenger vehicle, truck, truck-trailer, trailer, or
semitrailer propelled or drawn by mechanical power.
A sign indicating the name and/or occupation of a person
or persons residing on the premises or legally occupying the premises,
or indicating a home occupation legally existing on the premises.
See § 281.31(2)(d), Wis. Stats.
Elevations referenced to mean sea level datum, 1929 adjustment.
An establishment which shall include, in addition to the
serving of food and entertainment, the provision for dancing and sale
of malt beverages to the public.
A lot which does not conform to the lot size regulations
of the district in which it is located.
A structure which does not conform to the building location, height, building size or floor area regulations of the district in which it is located. (See Article XVI.)
A use of any land in a way which use does not conform to
the use, residential density or open space regulations of the district
in which it is located.
A use carried on within any building which use does not conform
to the use or residential density regulations of the district in which
it is located.
Material capable of causing injury to living organisms by
chemical reaction or capable of causing detrimental effects on the
physical or economic well-being of individuals.
Anything that interferes with the use or enjoyment of property,
endangers personal health or safety or is offensive to the senses.
Any land used to raise trees, shrubs, flowers, and other
plants for sale or for transplanting.
A place where three or more children are kept for the purpose
of providing supplemental parental care, including day nursery, day-care
home for children, and kindergarten. (See "day-care center.")
An institution for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disorders, but not including
facilities for surgical care. (See also "retirement home" and "home
for the aged.")
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
A prescribed interval of sound frequencies which permits
classifying sound according to its pitch.
Any matter or material that yields an odor which is offensive
in any way or any matter or material that produces a response in the
normal human nose.
The lowest concentration of odorous matter in the air that
will produce a response in the normal human nose.
Official notification from the Federal Emergency Management
Agency (FEMA), Flood Insurance Administration (FIA), that a Flood
Hazard Boundary Map or Flood Insurance Rate Map has been amended.
Includes a state-approved septic or mound system for collection
of sanitary waste and eventual absorption of such waste into the surrounding
soils.
The open space divided by the lot area of the site multiplied
by 100.
"Open space" is the total horizontal area of all uncovered lot
area plus 1/2 of the total horizontal area of all covered open space.
"Uncovered open space" is the lot area of the site minus the building
area plus the usable roof area.
"Building area" is the total ground area covered by enclosed
building space plus the total area of all covered open space at ground
level. Building area is measured from the faces of exterior walls
(or the exterior line of omitted walls) at the mean grade level of
each building, garage, carport and other accessory building.
"Usable roof area" is the total area of residential buildings,
garages and accessory buildings which has been suitably improved as
residential open space for use of occupants; roof areas used for car
storage are included.
"Covered open space" is exterior space which is open on its
sides to weather but not open above to the sky and weather; it includes
roofed porches, roofed carports, covered exterior balconies, and exterior
spaces covered by portions of buildings supported on columns or cantilevers,
such as a porch, portico, loggia, arcade, breezeway, gallery, or pavilion
which is at ground level, open at the sides (partially or wholly),
and closed to the sky.
The point on the bank or shore 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.
Land and structures along with accessory equipment designed
and utilized for leisure-time activities of a predominately outdoor
nature and/or more specific purpose than passive parkland open area,
and further classified as follows:
PUBLICFacilities owned and operated by a governmental agency for limited or general public use.
PRIVATE COMMERCIALFacilities owned and operated by an individual or group for profit as a business, whether or not open to general public use.
PRIVATE NONCOMMERCIALFacilities owned and operated by a group for the exclusive use of the members of such group and their guests and not for profit as a business.
PRIVATE RESIDENTIALFacilities owned by an individual, located on the same or adjoining lot to his residence, and intended solely for the use of his family and guests.
An approved division of land shown on a plat which of itself
may not meet the zoning requirements of a lot but which serves some
purpose, such as housing a utility station, or preserves a natural
resource area.
The area on a lot designed to accommodate a parked motor
vehicle as an accessory service to the use of said lot and with adequate
access thereto from the public street. For purposes of satisfying
parking requirements of this chapter, an off-street automobile parking
space shall be an area of no less than 200 square feet plus associated
access which usually averages 350 square feet per space.[14]
Dust, smoke, or any other form of airborne pollution in the
form or minute separate particles.
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 continuous buildings but is in joint
use for each building.
A terrace extending not more than six inches above the average
level of the ground at its margins, provided that no fixed walls or
roof shall be erected on or over any patio or similar structure that
is located in a required yard.
A criterion established for the purposes of assigning proposed
industrial uses to proper districts and making judgment in the control
of noise, odor, smoke, toxic matter, vibration, fire and explosive
hazards, or glare generated by, or inherent in, uses of land or buildings.
The rental of housing accommodations or rooms on a month-to-month
or year-to-year basis with a fixed rent for each period of occupancy.
An individual, firm, proprietorship, copartnership, joint
venture, association, social club, fraternal organization, corporation,
estate, trust, business trust, receiver, syndicate, or other group
or combination acting as a unit.
Animals commonly found in residences as pets, such as dogs,
cats, songbirds, and other small animals, provided that they are not
raised or reared for commercial resale or as a source of staple supplement.
Household pets shall not include horses, chickens, cows, goats, sheep,
hogs, snakes or other animals not commonly found in residences.
See § 22-112.
[Added 2-10-1998; amended 3-27-2000]
A roof partially supported by columns or wall sections.
The floor area of a building for purposes of determining
required parking ratios, which area shall include only that portion
of the total floor area devoted to customer service, sales and office
space and shall not include warehouses, utility, hallways and other
accessory space except as they generate parking demand.
See "club."
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.[15]
The office of a doctor, dentist, minister, architect, landscape
architect, professional engineer, psychologist, lawyer, author, commercial
artist, musician or other similar recognized profession.
A place, cavern, or pit where stone is taken from the rock
or ledge, or dug from the earth, for building or other purposes; a
stone pit.
The digging out of stone or slate from an open excavation.
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
A longitudinal segment of a stream generally including those
floodlands wherein flood stages are primarily and commonly controlled
by the same artificial or natural obstructions to flow.
An area containing one or more permanent buildings used occasionally
or periodically for the accommodation of members or guests of associations
or groups for recreational, educational or religious purposes.
Includes boats and boat trailers, travel trailers, converted
buses, motorized dwellings, race cars, dune buggies, cars licensed
as pioneer or classic vehicles, pickup campers or coaches (designed
to be mounted on automotive vehicles) and the like.
A vehicular type unit initially designed as a temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic types of recreational vehicles are:
TRAVEL TRAILERA vehicular unit, mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, initially designed and constructed to provide temporary living quarters for recreational, camping or travel use, and a body length of no more than 35 feet and a body width of no more than eight feet six inches when factory equipped for the road.
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck, constructed to provide temporary living quarters for recreational, camping or travel use.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis, initially designed to provide temporary living quarters for recreational, camping or travel use.
CAMPING TRAILERA vehicular unit mounted on wheels and constructed with collapsible partial sidewalls which folds for towing by another vehicle and unfolds at the campsite and is initially designed to provide temporary living quarters for recreational, camping or travel use.
Vans, buses, and other vehicles when equipped for camping purposes,
designed to provide temporary living quarters for recreational, camping,
or travel use.
A location on an RV lot or campground site constructed of
gravel, asphalt or concrete designed to provide proper drainage for
placement of an RV and, where possible, having amenities such as sewer,
water and electrical connections.
The total recreation space of countable size divided by the
lot area multiplied by 100. The recreation space is that part of livability
space which provides one or more major open spaces in a development.
With the exceptions noted below, the smallest countable recreation
area is 10,000 square feet. Small playground or sitting areas less
than 10,000 square feet count as livability space but do not count
as required recreation space. Where several areas are to be counted
as required recreation space, each must be at least 10,000 square
feet. The least dimension of a countable recreation area shall average
not less than 100 feet and be not less than 50 feet at any point.
That part of a recreation area having a dimension less than 50 feet
shall not be included as countable recreation space. All recreation
area counted in the recreation space percentage shall be at least
20 feet away from any residential wall containing a window on the
ground floor. The following are acceptable modifications of the above
dimension and area requirements:
A collection station for most materials that can be used
again by transport to processors, but where materials are received
but not resold.
A flood determined to be representative of large floods known
to have occurred in Wisconsin or which may be expected to occur on
a particular lake, river or stream at the statistical probability
of once in every 100 years. [See Ch. NR 116, Wis. Adm. Code, § NR
116.03(41).]
A plant for reduction of dead animals, or slaughtered animals
not suitable for human consumption, to products, such as hide, skin,
grease, bones, glue and soap, and for the storage of such by-products.
Reservoir parking facilities are those off-street parking
spaces or waiting lanes allocated to automobiles awaiting access to
the services of a particular establishment.
A building or premises where meals are offered for compensation
and typically eaten on the premises.
An establishment designed, in whole or part, to cater to
or accommodate the consumption of food and/or beverage in automobiles
on the premises of such establishment.
See "nursing home."
A building or institution for the accommodation of elderly
persons, with and without nursing or medical care, provided that if
such nursing or medical care is to be provided on a continuing basis
for at least three persons for not less than 72 hours per week, such
building or institution shall be classified as a nursing home. (See
also "nursing home" and "home for the aged.")
A building or premises used for the rent or lease of horses
or animals for riding.
The dividing line between a highway or private utility corridor
and the abutting lots or other divisions of land.
One which is described in the U.S. Bureau of Mines Information
Circular 6888 or its successor, and on which are illustrated graduated
shades of gray for use in estimating the light-obscuring capacity
of smoke.
The number appearing on the Ringelmann Chart ascribed by
the observer of the density of the smoke emission. Where the density
or light-obstructing capacity of the smoke as observed falls between
two consecutive Ringelmann numbers, the lowest Ringelmann number shall
be considered the density of the smoke observed.
Synonymous with "street."
A structure for the display and sale of agricultural products,
with no space for customers within the structure itself.
See "townhouse" or "dwelling, single-family attached."
See "extractive operations."
A health station or retreat; an institution for the recuperation
and treatment of persons suffering from physical or mental disorders.
A type of land disposal operation involving the disposal
of solid waste on land without creating nuisances or hazards to public
health or safety by utilizing the principles of engineering to confine
the solid waste to the smallest practical area, to reduce it to the
smallest practical volume, and to cover it with a layer of earth at
the conclusion of each day's operation or at such more frequent intervals
as may be necessary.
A place for systematic instruction in any branch or branches
of knowledge, for purposes of this chapter offering such services
more than 20 hours per week.
Soils or other surficial materials transported by winds or
surface waters as a product of erosion.
See "gasoline station" or "automobile service station" or
"truck stop."
The shortest horizontal distance between any structure and the base setback line. (See Article XIV.)
All land, water and air located within the following distances
from the normal high-water elevation of navigable waters as defined
in § 281.31(2)(d), Wis. Stats.: 1,000 feet from a lake,
pond or flowage or 300 feet from a river or stream or to the landward
side of the floodplain, whichever distance is greater. If the navigable
water is a glacial pothole lake, the distance shall be measured from
the high-water mark thereof.
The intersection of the land surfaces abutting lakes, ponds,
streams, flowages and wetlands with the average annual high-water
elevation.
A yard extending across the full width or depth of a lot,
the depth of which shall be the minimum horizontal distance between
a line intersecting both side lot lines at the same angle and containing
the point of the high-water elevation of a pond, stream, lake or wetland
nearest the principal structure and a line parallel thereto containing
the point of the principal structure nearest the high-water line.
Any structure or part thereof or any device attached to a
structure or any other form of visual communication applied by paint,
illumination, embossing or other technique to a structure for the
purpose of directing, advertising, informing, warning or otherwise
conveying information visually to the viewer.
A sign intended solely for the purpose of directing patrons,
customers, clients or patients to an establishment off the main traveled
road and not including promotional advertising unnecessary to such
directional purpose.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use. For the purpose of this chapter, any moving,
illuminated sign shall be considered a flashing sign. Such signs,
other than necessary traffic signals and time and temperature signs,
are prohibited in this chapter.
A sign whose message is illuminated by artificial light,
either by interior projection through translucent construction material
or by directing the light at the sign and its supporting structure
or by affixing lights of any type to the supporting structure or perimeter
of a sign.
A sign related to commercial or similar activities other
than those actually engaged in on the site on which such nonaccessory
sign is located (also called "off-premises sign").
Soil particles, intermediate in size between sand and clay,
which are readily transported by inflowing streams or surface waters
into a body of water.
Any building or premises used for the filling or dressing
of cattle, sheep, swine, goats, horses or poultry and the storage,
freezing and curing of meat and preparation of meat products.
Implies materials which do not in themselves constitute an
active fuel for the spread of combustion. A material which will not
ignite, nor actively support combustion during an exposure for five
minutes to a temperature of 120° F., shall be designated "incombustible."
Small gasborne particles other than water that form a visible
plume in the air.
The number obtained when the smoke density in Ringelmann
number is multiplied by the time of emission in minutes. For the purpose
of this calculation, a Ringelmann density reading shall be made at
least once a minute during the period of observation; each reading
is then multiplied by the time in minutes during which it was observed.
The various products are then added together to give the total number
of smoke units observed during the entire observation period.
Those earth materials not regulated as sand, gravel, stone
or slate mining.
Garbage, refuse and all other discarded or salvageable solid
materials, including solid waste materials resulting from industrial,
commercial, and agricultural operations and from domestic use and
public service activities, but does not include solids or dissolved
material and wastewater effluent or other common water pollutants.
The sound level of an operation or use is the intensity of
sound, measured in decibels, produced by such operation or use.[16]
An instrument standardized by the American National Standards
Institute (ANSI) for measurement of intensity of sound.[17]
For purposes of this chapter, same as conditional use.
The doing of some act upon the ground on which the building
is to be erected, and in pursuance of a design to erect, the result
of which act would make known to a person viewing the premises, from
observation alone, that the erection of a structure on the land had
been commenced.
A slope over 12% grade, which is characterized by increased
runoff, erosion and sediment hazards.
Holding or safekeeping goods in a warehouse or other depository
to await the happening of some future event which will call for the
removal of the goods.
The volume of space available above a given cross section
of a floodplain for the temporary storage of floodwater. The storage
capacity will vary with stage.
[Added 2-10-1998]
That portion of a building included between the surface of
a floor and the surface of the floor next above it, or, if there is
no floor above it, then the space between the floor and the ceiling
next above it. A basement or cellar having 1/2 or more of its height
above grade shall be deemed a story for purposes of height regulations.
A public or private right-of-way which affords a primary
means of vehicular access to abutting property, whether designated
as a street, avenue, highway, road, boulevard, lane, throughway, or
however otherwise designated, but does not include driveways to buildings.
A public street or highway used or intended to be used primarily
for fast or heavy volumes of through traffic, including trucking.
Arterial streets and highways shall include freeways and expressways,
as well as arterial streets, highways and parkways.
A street contiguous and parallel to a traffic artery and
affording direct vehicular access to abutting property (also called
"frontage road"). A road performing the same function but located
at the opposite end of the lot nearest the artery is called a "reverse
frontage road."
Any activity which removes the vegetated surface cover, including
tree removal, clearing, grubbing and storage or removal of topsoil.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Any repair to the supporting members of a structure, such
as bearing walls, columns, beams or girders. Ordinary maintenance
repairs such as interior or exterior painting, decorating, paneling,
replacing doors and windows, and replacing roof tiles or shingles
are not considered structural repairs.
A combination of materials other than natural terrain or
plant growth erected or constructed to form a shelter, enclosure,
retainer, container, support, base, pavement or decoration.
A structure or portion of a structure used for a purpose
customarily incidental to the permitted principal use of the lot and
located on the same lot as the principal use.
A structure or portion of a structure greater than 120 square
feet in area and less than 35 feet in height, used for a purpose customarily
incidental to the permitted principal use of the lot and located on
the same lot as the principal structure. Also an attached or detached
garage, customary, incidental, and subordinate to the permitted principal
use.
[Amended 8-23-2004]
A structure or portion of a structure less than 120 square
feet in area and 15 feet in height, used for a purpose customarily
incidental to the permitted principal use of the lot and located on
the same lot as the principal use. Also, a garden shed, storage shed,
toolshed, etc.
[Amended 8-23-2004]
Any small, movable accessory erection or construction such
as birdhouses, toolhouses, play equipment, arbors and walls and fences
under four feet in height meeting all street, side, rear and shore
yard setback requirements.
A structure placed on or in the ground or attached to another
structure in a fixed and determined position and intended to remain
in place for a period of more than nine months.
Any structure other than a permanent structure.
Any structure, portable or permanent, containing a body of
water 18 inches or more in depth, less than 166 feet in length and
less than 57 feet in width, intended for recreational purposes, including
a wading pool or similar type pool to be used for swimming or wading,
located and designed so as not to create a hazard, but not including
an ornamental, reflecting pool, detention pond or fish pond.
Any temporary structure or enclosure, the roof of which and/or
1/2 or more of the sides are constructed of silk, cotton, canvas,
fabric, or a similar pliable material.
A structure used for dramatic, operatic, motion picture,
or other performance, for admission to which entrance money is received
and no audience participation or meal service is allowed.
Roadways of higher carrying capacity than collector streets
which perform the function of accommodating medium to short trips
within the subregional and activity centers within subregions. Such
roadways are designed to carry traffic at somewhat higher speeds than
collectors, and direct land access to them is more restricted.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and having no more than five
sleeping rooms for this purpose with no cooking facilities in any
such individual room or apartment. (Also called "bed-and-breakfast.")
See "dwelling, single-family attached."
Those materials which are capable of causing injury to living
organisms by chemical means when present in relatively small amounts.
A strip of roadway intended to accommodate a single line
of moving vehicles.
See "camping trailer," "house trailer" and "mobile home."
The same as "automobile service station" but oriented primarily
to trucks, especially semitractor trucks with trailers.
An existing or proposed connecting lane of traffic between
two arterial streets or between an arterial street and any other street
or driveway. Turning lanes include grade-separated interchange ramps.
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 subordinate to and customarily incidental to the permitted
principal use of the property or buildings and located upon the same
lot as the principal use.
A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such conditional use may or may not be granted, subject to the terms of this chapter. (See § 22-110.)
A lot or group of contiguous lots used for the display and
sale of used automobiles and where no repair work is done, except
the necessary reconditioning of the cars to be displayed and sold
on the premises.
A public or private use which of itself conforms to the purposes
and objectives of a particular district and conforms to all requirements,
regulations and performance standards of such district.
The main use of land or buildings as distinguished from accessory
uses. A principal use may be either permitted by right or permitted
by conditional grant.
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. (See also Article V.)
See "essential services."
See § 22-106, Board of Appeals.
All plant growth, including, without limitation, trees, shrubs,
and grasses.
That document or parts thereof defined in § 62.23(3),
Wis. Stats., as the Master Plan for the physical development or conservation
of the municipality as further described in § 62.23(2),
Functions, Wis. Stats., also commonly called "Comprehensive Plan"
or "General Plan."
An unoccupied triangular space, at the street or alley corner of a lot, as established by § 22-93.
A structure or part of a structure for storing goods, wares,
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
[Added 2-10-1998]
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
Those areas where water is at, near, or above the land surface
long enough to support aquatic or hydrophytic vegetation and in which
soils are indicative of wet conditions. (Also see § 61.351,
Wis. Stats.)[18]
A dimension measured from side to side at right angles to
length.
All free living animals.
A group of trees at least 1/2 acre in area and with a crown
cover of 50% or greater.
A required open space on a lot which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky except as expressly
permitted in this chapter. A yard shall extend along a lot line and
at right angles to such lot line to a depth or width specified in
the yard regulations for the district in which such lot is located.
A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting front street
right-of-way or base setback line to a depth required in the yard
regulations for the district in which such lot is located.
A yard extending along the full width of the rear lot line
between the side lot lines and extending toward the front lot line
for a depth as specified in the yard regulations for the district
in which such lot is located.
A yard extending along the side lot line between the front
and rear yards having a width as specified in the yard regulations
for the district in which such lot is located.
An area within which certain uses of land and buildings are
permitted and certain others are prohibited, yards and other open
spaces are required, and lot areas, building height limits, and other
requirements are established, all of the foregoing being identical
for the zone in which they apply.
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II). In addition, the original definitions of "mobile home lot," "mobile home park" and "mobile home stand or pad," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 25, Construction and Effect of Ordinances, Art. II).
