A.Â
For the purpose of these regulations, certain numbers, abbreviations,
terms, and words used herein shall be used, interpreted, and defined
as set forth in this section.
B.Â
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used on the plural
number include the singular; the word "herein" means "in these regulations,"
the word "regulations" means "these regulations."
C.Â
A "person" includes a corporation, a partnership, and an incorporated
association of persons such as a club; "shall" is always mandatory;
a "building" includes a "structure"; a "building" or "structure" includes
any part thereof; "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
D.Â
Any words not defined herein shall be presumed to have their customary
dictionary definitions as provided by the most recent edition of Webster's
Collegiate Dictionary.
[Added 12-14-2015 by Ord.
No. 2015-5]
As used in this chapter, the following terms shall have the
meanings indicated:
Any building except the principal building on a lot. In the
case of a house and detached garage on a lot, the accessory building
is the garage.
A structure constructed on a mobile home lot apart from the
basic mobile home unit, including awnings, cabanas, storage cabinets
(or sheds), carports, windbreaks, attacked porches and garages.
Any use identified as such under the definitions set forth
in Chapter 91 of the Wisconsin Statutes and any administrative regulations
created thereunder.
[Added 12-14-2015 by Ord.
No. 2015-5]
An agricultural equipment dealership, facility providing
agricultural supplies, facility for storing or processing agricultural
products, or facility for processing agricultural wastes; also, a
facility integral to an agricultural use, regardless of whether the
facility is located on a farm, that relies on agricultural uses conducted
primarily off-site.
[Added 12-14-2015 by Ord.
No. 2015-5]
Any airport on privately owned land used solely by the property
owner.
Any airport, whether publicly or privately owned, which is
open for use by the general public without the necessity of obtaining
prior use approval.
A street or thoroughfare less than 21 feet wide and affording
only secondary access to abutting properties.
A unit of measure used to determine the total number of single
animal types or combination of animal types at an animal feeding operation
as defined in Chapter NR 243 of the Wisconsin Administrative Code.
[Amended 12-14-2015 by Ord. No. 2015-5]
The owner of the land or his representative. Consent shall
be required in writing from the legal owner of the premises.
A public street or highway intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways,
and parkways.
A vehicle that is self-propelled except a snowmobile unless
specifically referred to as a motor vehicle herein.
A story partly underground.
A building other than a hotel where meals or lodging and
meals are provided for compensation for three or more persons not
members of the owner's family.
Any form of security, including cash deposit, surety bond,
collateral, property, or instrument of credit in the amount and form
satisfactory to governing body. All bonds shall be approved by the
Town Board wherever a bond is required by these regulations.
Any structure used, designed or intended for the protection,
shelter, enclosure or support of persons, animals or property.
Total ground coverage in square feet of all buildings and
structures, including garages, carports, and other attached or accessory
structures.
The vertical distance from the top of the building roof to
the top of the basement or to the foundation, whichever is less.
The offering or purchase of goods and services with the intention
of making a profit.
An animal confinement facility used or designed for the feeding
or holding of 500 animal units for 30 days or more.
The Planning and Zoning Committee.
An area or space designed for joint use of tenants or owners
residing in a planned unit development.
A legal sewage system that served two or more dwelling units.
A legal entity organized under appropriate statutory authority
as a body corporate which represents a town, village, city, or county
such as the case may be.
A use of land which, while appropriate for inclusion within
a given district, possesses a high likelihood of creating problems
with regard to nearby parcels of land or the occupants thereof, and
which are therefore permitted only subject to the fulfillment of conditions
which effectively insure that no such problems will be created.
An animal confinement facility used or designed for the feeding
or holding of 500 animal units for 30 days or more.
The number of living units per acre allowable under a schedule
of district regulations.
A mobile home which does not have complete bathroom facilities.
The owner of land proposed for subdivision or his representative.
Consent shall be required from the legal owner of the premises.
The Town's Development Plan (segment of the County Development
Plan, § 59.69, Wis. Stats.) or the incorporated municipality's
Master Plan (§ 62.23, Wis. Stats.).
A place of business in which patrons can be served while
remaining in their automobiles.
A minor private way used by vehicles and pedestrians for
common access to a lot, small group of lots, or facilities.
A building or portion thereof designed for, or occupied by,
three or more families or households.
A detached building designed for, or occupied exclusively
by, one family or household.
A detached or semidetached building designed for, or occupied
exclusively by, two families or households.
The moving of more than two cubic yards of any type of soils.
Authorization by a property owner for the use by another
and for specified purpose of any designated part of his property.
Public or private enclosures designed to protect people from
flood, windstorm, fire, riots, or invasion; and from aerial, radiological,
biological, chemical warfare.
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 overhead gas,
electricity, 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, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations, and
hydrants, but does not include buildings.
A divided arterial street or highway, either with full or
partial control of access, and with or without grade separated intersections.
A group of persons related by blood or marriage and living
together as a single housekeeping entity.
All land under common ownership that is primarily devoted
to agricultural use.
[Added 12-14-2015 by Ord.
No. 2015-5]
A business within the definition of a farm family business
under regulations adopted by the Wisconsin Department of Agriculture,
Trade and Consumer Protection under the authority of Chapter 91 of
the Wisconsin Statutes. At the time of adoption of this definition,
such regulations are currently part of Chapter ATCP 49 of the Wisconsin
Administrative Code.
[Added 4-12-2007 by Ord.
No. 68; amended 12-14-2015 by Ord. No. 2015-5]
A farm owner or operator is a person who earns at least $6,000/year
in farm income.
[Added 12-14-2015 by Ord.
No. 2015-5]
Any of the following structures located on a farm:
[Added 12-14-2015 by Ord.
No. 2015-5]
The land adjacent to a body of water which is subject to
periodic overflow therefrom.
The channel of a stream and such adjacent portions of the
floodplain as are required to accommodate flood flows.
The area within the exterior walls of a building which is
usable as living quarters.
An expressway with full control of access and with fully
grade separated intersections.
The side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot, but it shall not be considered as
the ordinary side of a corner lot.
Any accessory building or space for the storage only of not
more than three motor vehicles per dwelling unit.
Any building or premises used for storage only of motor vehicles.
Those residential zoning districts in which the density is
less than one dwelling unit per 8,500 square feet.
A gainful occupation when the operation is incidental to
the residential use of the premises and does not involve any external
alteration that would effect a substantial change in the residential
character of the building or substantially increase the traffic flow.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
Tame animals which have been traditionally kept in the home
to include dogs, cats, rabbits, birds, hamsters, and other animals
which in their adult life do not exceed 250 pounds or four feet in
height at normal posture.
The body of persons who live together in one dwelling unit
as a single housekeeping unit.
The testing of soil at a particular geographic location as
to its individual assets and limitations.
A grade-separated highway intersection with one or more turning
lanes for travel between intersecting roads or highways.
Any horse, head of cattle, pony, sheep, goat, or hog.
A written license issued by the municipality allowing a person
to operate and maintain a mobile home park under the provisions of
this chapter and regulations issued hereunder.
A feedlot, dairy farm or other operation where livestock
other than equine animals, bison, farm-raised deer, fish, captive
game birds, ratites, camelids or mink are or will be fed, confined,
maintained or stabled for a total of 45 days or more in any twelve-month
period. A "livestock facility" includes all of the tax parcels of
land on which the facility is located, but does not include a pasture
or winter grazing area. Related livestock facilities are collectively
treated as a single "livestock facility" for purposes of this chapter,
except that an operator may elect to treat a separate species facility
as a separate "livestock facility."
[Added 12-14-2015 by Ord.
No. 2015-5]
A building or other structure used to house or feed livestock,
to confine livestock for milking, to confine livestock for feeding
other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility. "Livestock structure" includes
a barn, milking parlor, feed storage facility, feeding facility, animal
lot or waste storage facility. "Livestock structure" does not include
a pasture or winter grazing area, a fence surrounding a pasture or
winter grazing area, a livestock watering or feeding facility in a
pasture or winter grazing area, or a machine shed or like facility
that is not used for livestock.
[Added 12-14-2015 by Ord.
No. 2015-5]
A completely off-street space or berth on a lot for the loading
or unloading of freight carriers, having adequate ingress and egress
to a public street or alley.
A building other than a hotel where lodging only is provided
for compensation for not more than 12 persons not members of the owner's
family.
A parcel of land described in a recorded plat or deed.
The total area reserved for exclusive use of the owners of
a particular piece of real property.
A lot abutting on two or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The width of a parcel of land measured at the rear of the
specified street yard.
Those residential zoning districts in which the density is
between 12,000 and 40,000 square feet per dwelling unit.
A Comprehensive Plan for development of the local government,
prepared and adopted by the local government, pursuant to state law,
and including any part of such plan separately adopted in any amendment
to such plan or parts thereof.
Those residential zoning districts in which the density is
between 8,500 and 12,000 square feet per dwelling unit.
Any small, movable accessory structure or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors, and
wall and fences under four feet in height.
A structure which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway and is
designed, equipped and used primarily for sleeping, eating and living
quarters, or is intended to be so used; and includes any additions,
attachments, annexes, foundations and appurtenances.
A parcel of land designed for the placement of a single mobile
home and for the exclusive use of its occupants.
A parcel of land under single ownership designed, maintained,
intended or used for the purpose of providing a location and accommodations
for two or more mobile homes, including all buildings used or intended
for use as part of the equipment thereof, whether or not a charge
is made for the use of the mobile home park or its facilities; except
that a mobile home subdivision shall not be deemed a mobile home park.
That part of an individual lot which has been reserved for
the placement of one mobile home unit.
A parcel of land subdivided into lots, each lot individually
owned and utilized as the site for placement of a single mobile home
and its facilities.
A service of attached, semiattached, or detached sleeping
units for the accommodation of transient guests.
A building or premises lawfully used, occupied, or erected
at the time of the passage of this chapter or amendment thereof, which
does not conform to the regulations of this chapter with respect to
frontage, width, height, area yard, parking, loading or distance requirements.
The use or occupancy of a building or premises, which is
lawful at the time of the enactment of this chapter or amendments
thereto, but which use or occupancy does not conform to the provisions
of this chapter or any amendments thereto.
A mobile home which has complete bathroom facilities.
Any legislative action, however nominated, of a local government
which has the force of law, including any amendment or repeal of any
ordinance.
A zoning district established by this chapter which is created
for the purpose of imposing special uses and regulations in designated
areas to accomplish the stated purposes that are set forth in each
overlay district. Overlay districts shall be in addition to, and shall
overlap and overlay all other zoning districts within the lands placed
in each district, so that any parcel of land lying in an overlay district
shall also lie in one or more of the zoning districts provided for
by this chapter. The most restrictive provision of the district shall
prevail.
Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in the land.
The person who owns or has charge, care or control of mobile
home park or travel trailer park.
A private way which affords principal means of access to
individual mobile home lots, travel trailer spaces, or auxiliary buildings.
A written building permit or certification issued by the
Planning and Zoning Committee permitting the construction, alteration
and/or extension of a building under the provisions of this chapter.
Uses listed under this heading are permitted as of right.
This means that an applicant for a building permit must be given permit
if he meets the other requirements of this chapter, e.g., yards, setbacks,
and so forth.
Any individual, firm, trust, partnership, public or private
association or corporation.
The building of primary importance or permitted use on a
parcel of land in contrast to those which are accessory or of secondary
importance.
A vehicular-type unit primarily designed as temporary living
quarters for recreation, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle,
consisting of, but not limited to, a motor home, truck camper, camping
trailer, travel trailer and fifth wheel travel trailer.
MOTOR HOMEA vehicular unit designed to provide temporary living quarters for recreation, camping, or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle. Motor homes are of three basic types as described below:
TYPE AA raw chassis upon which is built a driver's compartment and an entire body which provides temporary living quarters for use as defined above; and
TYPE BA completed van-type vehicle which has been altered to provide temporary living quarters for use as defined above; and
TYPE CAn incomplete vehicle upon which is permanently attached a body designed to provide temporary quarters for use as defined above.
TRUCK CAMPERA portable unit constructed to provide temporary living quarters for recreation, travel, or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck. In the travel mode, the unit is not more than eight feet in width.
CAMPING TRAILERA vehicular unit mounted on wheels with an overall vehicle width of not more than eight feet in the travel mode, and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreation, camping, or travel use.
TRAVEL TRAILERA vehicular unit, mounted on wheels, with an overall vehicle width of not more than eight feet in the travel mode, which is built to be attached to and drawn by another vehicle and designed to provide temporary living quarters for recreation, camping, and travel.
FIFTH WHEEL TRAVEL TRAILERA vehicular unit, mounted on wheels, with an overall vehicle width in the travel mode of not more than eight feet, primarily designed and constructed to provide temporary living quarters for recreation, camping, travel, and towed by a motor vehicle using a connecting device known as a "fifth wheel."
A building other than a hotel where lodging only is provided
for compensation for three or more persons not members of the owner's
family.
A structure housing toilet, washing, and bathing facilities
and such other facilities as may be required by this chapter.
The minimum horizontal distance between the lot line and
the nearest point of a building or any projection thereof, excluding
uncovered steps.
A structure or device on which advertising is displayed,
or by which attention is directed to advertising on the same or any
other structure, by any means visible to the eye.
The setbacks, using vision corners, sideline requirements,
height limitations, square footage requirements and other specifications
as required by this chapter.
A soils survey of Rock County by the Soil Conservation Service,
U.S. Department of Agriculture.
That portion of a building included between the surface of
the floor next above it or the space between the floor and the ceiling
next above it, if there be no floor above it. A basement or cellar
having 1/2 or more of its height above grade is a story for purposes
of height regulation.
The space under any roof, except a flat roof, the wall plates
of which on at least two opposite exterior walls are not more than
four feet above the floor of such story.
All property dedicated or intended for public or private
street purposes or subject to public easements 21 feet or more in
width.
The dividing line between a lot, tract or parcel of land
and an abutting street.
Any change in the supporting members of a structure, such
as foundation, bearing walls, columns, beams, or girders, or any substantial
change in the roof structure or in the exterior or in interior walls.
Anything constructed or erected having location on the ground.
Any land, vacant or improved, which is divided or proposed
to be divided into two or more lots, parcels, sites, units, plots,
or interests for the purpose of offer, sale, lease, or development,
either on the installment plan or upon any and all other plans, terms,
and conditions, including resubdivision. Subdivisions includes the
division or development of residential or nonresidential zoned land,
whether by deed, metes and bounds, devise, intestacy, lease, map,
plat, or other recorded instrument.
All subdivisions not classified as minor subdivisions, including,
but not limiting to, subdivision of five or more lots, or any subdivision
requiring any new street or extension of local governmental facilities,
or the creation of any public improvements.
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road, or the
extension of municipal facilities, or the creation of any public improvement,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Master Plan, Development Plan, Official Map, Zoning Ordinance, or
these regulations.
Point at which the access road to or from a highway interchange
meets another intersecting road.
A removable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure.
An enclosed space designed to provide auxiliary general storage
space for the occupants of an individual mobile home.
A tract of land of at least one acre upon which two or more
camp cottages are located or where temporary accommodations are provided
for two or more trailers or house cars, open to the public either
free or for a fee.
A parcel of land in a travel trailer parking area for the
placement of a single trailer and the exclusive use of its occupants.
A vehicular, portable unit designed as a temporary living
unit for travel, recreation and vacation, which may take one of the
following forms, or a similar form:
A parcel of land in which two or more spaces are occupied,
or intended for occupancy (not over seven days), by travel trailers
for transient dwelling purposes.
An existing or proposed connecting roadway between an arterial
street and any other street. Turning lanes include grade-separated
interchange ramps.
That which is customarily or habitually done, may include
seasonal uses, and need not have extended to the entire tract of land
at the time of the adoption of this chapter.
Authority granted to the owner to use his property in a manner
which is prohibited by this chapter. A departure from the terms of
this chapter where it is shown that unique physical circumstances
applying to a land parcel causes a hardship to the owner, and that
the condition permitted by the departure still will be in fundamental
harmony with surrounding uses.
AREA VARIANCEOne which does not involve a use which is prohibited by this chapter. Area variances involve matters such as setback lines, frontage requirements, height limitations, lot-size restrictions, density, density regulations, and yard requirements.
USE VARIANCEOne which permits a use of land other than which is prescribed by this chapter. It is primarily a grant to erect, alter or use a structure for a permitted use in a manner other than that prescribed by this chapter.
An unoccupied triangular space at the corner lot which is
bounded by the street lines and a setback line connecting points determined
by measurement from the corner of each street line.
The shortest straight line at the water front end of a stream
lot that lies wholly within the lot, provided that not less than 75%
of the length of such waterline shall be on, or on the landward side
of, the normal high water mark of such stream.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
A yard extending the full width of the lot between the front
lot line and the nearest part of the principal building excluding
uncovered steps.
A yard extending the full width of the lot between the rear
lot line and the nearest part of the principal building, excluding
only such projections as are permitted herein.
A yard extending from the front yard, or from the lot line,
where no front yard is required, to the rear yard between side lot
line and the nearest part of the principal building.
