Article XXX Definitions and Word Usage
The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
Singular and plural. The singular number includes the plural, and the plural the singular.
Tense. The present tense includes the past and future tenses, and the future the present.
Shall and may. The word "shall" is mandatory; the word "may" is permissive.
Gender. The masculine gender includes the feminine and neuter genders.
Defined words and terms. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses between a word and its definition herein shall be construed in the same sense as that word.
Words not defined herein. Any words not defined in this article shall be presumed to have their customary dictionary definitions.
The words "this chapter" shall mean this Zoning Ordinance of the Town of Barton, Washington County, Wisconsin.
The following abbreviations are used in this chapter and are intended to have the following meanings:
average daily traffic
diameter at breast height for a tree
Wisconsin Department of Natural Resources
Federal Emergency Management Agency
gross floor area ratio
impervious surface ratio
landscape surface ratio
net floor area ratio
open space ratio
Southeastern Wisconsin Regional Planning Commission
square foot/square feet
Standard Industrial Classification
is less than
is less than or equal to
is greater than
is greater than or equal to
As used in this chapter, the following terms shall have the meanings indicated:
- An action to give up one's rights or interests in property.
- Having a common border with, or being separated from such common border by an alley or easement, other than publicly dedicated and approved rights-of-way.
- A means of vehicular or nonvehicular approach or entry to or exit from property, a street, or highway.
- ACCESS, DRY LAND
- A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough to accommodate wheeled vehicles.
- A. One which:
- (1) Is subordinate to and serves a principal structure or principal use;
- (2) Is subordinate in area, extent, or purpose to the principal structure or principal use served;
- (3) Contributes to the comfort, convenience, or necessity of occupants of the principal structure or principal use served; and
- (4) Is located on the same zoning lot as the principal structure or principal use served.
- B. "Accessory use" includes, but is not limited to, the following:
- (1) A children's playhouse, garden house, or private greenhouse;
- (2) A garage, shed, or building for domestic storage;
- (3) Incinerators incidental to residential use;
- (4) Storage of merchandise normally carried in stock on the same lot or parcel with any retail service or business use, unless such storage is excluded by the district regulations;
- (5) Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;
- (6) Off-street motor car parking areas and loading and unloading facilities;
- (7) Carports;
- (8) Signs (other than advertising signs) in conformity with the provisions Chapter 428, Signs, heretofore adopted by the Town of Barton and as amended from time to time;
- (9) Public utility facilities: telephone, electric, gas, water, and sewer lines, their supports and incidental equipment;
- (10) Decks when used as a patio, porch, or platform without any form of enclosing wall or roof structure.
- ACCESS, SECONDARY
- A means of vehicular or nonvehicular approach or entry to or exit from property from other than a public street or highway (such as an alley). This is not necessarily meant to include a second primary access that might be required for developments.
- In the case of plats, any tract or parcel of land having an area of three acres or more which has not heretofore been subdivided or platted.
- ACREAGE, NET
- The remaining ground area after deleting all portions for proposed and existing streets within a development or subdivision.
- Nearby, but not necessarily touching or abutting.
- Average daily traffic; the average total number of vehicles traversing a street on a typical day.
- AGENT, AUTHORIZED
- A person or firm duly authorized by the property owner to submit applications on his, her, their, or its behalf.
- All of the growing of crops in the open and the raising and feeding of livestock and poultry, including farming, farm buildings, and farm dwellings; truck gardens; flower gardens; apiaries; aviaries; mushroom growing; nurseries; orchards; forestry; dairying; greenhouses; and commercial vegetables. Specific agricultural uses are further defined in § 500-67 of this chapter.
- Any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or rights-of-way, together with all airport buildings and structures located thereon.
- A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.
- ALTERNATIVE TOWER STRUCTURE
- An existing man-made structure which is used as an alternative
to a tower and to which an antenna and/or an antenna support structure
is attached.[Added 6-24-2009 by Ord. No. 09-03]
- ANIMAL UNIT
- One thousand pounds of live animal weight equals one animal
unit. For the purposes of this definition, the total number of animal
units at a lot or parcel of land shall be calculated by multiplying
the number of animals for each animal type by the appropriate animal
unit equivalency factor set forth in the "Animal Unit Calculations
Equivalencies Table" below. The total number of animal units at the
lot or parcel is the sum of the calculated animal unit numbers of
all animal types present at the lot or parcel of land. For animal
types not listed in the "Animal Unit Calculations Equivalencies Table"
below, the Town shall base equivalency to animal units on live animal
weights, the characteristics of the manure (including nutrient content
or pollution concentration), or a combination of both. In cases based
strictly on live weight, 1,000 pounds of live weight is equivalent
to one animal unit.[Added 4-19-2011 by Ord. No. 11-001]
Animal Unit Calculations Equivalencies Table
Animal Unit Equivalency Factor
Llamas, per animal (typical average 330 pounds)
Alpacas, per animal (typical average 200 pounds)
Ostriches, per animal (typical 200 to 350 pounds)
Emus, per animal (typical 100 to 150 pounds)
Bison and buffalo:
Cows (per animal)
Bulls (per animal)
Rabbits, per animal
Milking and dry cows
Heifers (800 to 1,200 pounds)
Heifers (400 to 800 pounds)
Calves (under 400 pounds)
Veal calves, per animal
Steers or cows (400 pounds to market)
Calves (under 400 pounds)
Pigs (55 pounds to market)
Pigs (up to 55 pounds)
Sheep, per animal
Horses (and all other equine), per animal
Per bird (liquid poultry manure handling)
Per bird (nonliquid poultry manure handling)
Per bird (liquid poultry manure handling)
Layers (nonliquid poultry manure handling)
Broilers and pullets (nonliquid poultry manure handling)
Turkeys, per bird
- Any exterior transmitting or receiving device (including
radio telephone communications uses as defined under Standard Industrial
Classification Industry No. 4812 of Table 5 of this chapter) mounted
on a tower, building, or structure and used for communications to
radiate or sense electromagnetic waves or radio frequencies, using
digital, analog, or spread spectrum modulation.[Added 6-24-2009 by Ord. No. 09-03]
- ANTENNA, SATELLITE
- Any antenna designed to receive broadcasts relayed by signals from earth-orbiting communications satellites.
- ANTENNA SUPPORT FACILITY
- A structure that is attached to a tower or an alternative
tower structure and which is designed to support an antenna.[Added 6-24-2009 by Ord. No. 09-03]
- A room or suite of rooms in a multiple-family structure which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
- APARTMENT, COMMERCIAL
- An apartment located above the first floor or a commercial building. (See § 500-73C of this chapter.)
- A room, hall, or building assigned to the gathering of people as an audience, to hear lectures, plays, or other presentations.
- AUTO COURT
- (See definition of "hotel-inn.")
- AUTOMOBILE LAUNDRY
- A building or portion thereof where automobiles are washed with the use of a mechanical conveyor and blower or steam-cleaning device.
- AUTOMOBILE LOT, NEW
- A zoning lot on which new cars, trailers, or trucks are displayed in the open for sale or trade.
- AUTOMOBILE LOT, USED
- A zoning lot on which used cars, trailers, or trucks are displayed in the open for sale or trade.
- AUTOMOBILE REPAIR, MAJOR
- Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body frame or fender straightening or repair; and painting of vehicles.
- AUTOMOBILE REPAIR, MINOR
- Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operations specified under "automobile repair, major."
- AUTOMOBILE SALES AREA
- An open area, other than a street, used for the display or sale of new or used automobiles, and where no repair work is done except for minor incidental repair of automobiles to be displayed and sold on the premises.
- AUTOMOBILE SERVICE STATION
- A place where gasoline, stored only in underground tanks, kerosene, lubricating oil, or grease for operation of automobiles is offered for sale directly to the public, on the premises, and including minor accessories and servicing of automobiles, but not including major automobile repairs, and including washing of automobiles where no chain conveyor, blower, or steam-cleaning device is employed. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sales, rental, or storage of automobiles or trailers (new or used).
- AUTOMOBILE WRECKING YARD
- 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 parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging of any other goods, vehicles, or merchandise stored in the open. The open storage of any type of mechanical equipment from which parts can be salvaged shall be classified as salvaging.
- A roof-like cover, temporary in nature, which projects from the wall of a building and overhangs the wall or building.
- A ZONES
- Areas of potential flooding shown on the Town's Flood Insurance Rate Maps which would be inundated by the regional flood as defined herein. These areas may be numbered as AO, A1 to A99, or be unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.
- A. A story wholly underground; or
- B. A story of a building, the floor line of which is below lot grade and the ceiling of which is not more than one foot above lot grade, the lot grade being the front center of the garage floor elevation set at time of building permit, or the street center line, whichever is the highest elevation.
- BASEMENT, HALF
- That story of the building, the floor line of which is below lot grade and the ceiling of which is greater than one foot above lot grade, with an exterior exposure to provide for living area with safe egress, as determined by the Building Code. The lot grade shall be the front center of the garage floor elevation set at time of building permit, or the street center line, whichever is the highest elevation. If any story conforms to the definition of "living area, first-floor" or "basement," that story shall never be considered a half basement. For the purposes of height measurement, a half basement shall be counted as a story where more than 1/2 of the height is above the average level of the abutting ground elevation.
- BASIN, DETENTION
- A man-made or natural depression below the surrounding grade level designed to collect surface and subsurface water so that it might impede the water flow and to gradually release the same, at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).
- BASIN, RETENTION
- A man-made or natural body of water of a depth of not less than three feet, designed to contain water at all times, the level of which will be increased as a result of the flow into it of surface and subsurface water, collected therein and released gradually into natural or man-made outlets.
- Any room other than a living room, family room, dining room, kitchen, bathroom, or utility room, for the purpose of this chapter, shall be considered a bedroom. Dens, studies, etc., and similar areas which may be used as bedrooms shall be counted as bedrooms for the purposes of this chapter.
- BERTH, LOADING
- (See definition of "loading and unloading space, off-street.")
- A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than 12, who are not members of the keeper's family.
- Any structure designed for the purpose of protecting or storing of boats used in conjunction with a residence for noncommercial purposes and located on the same lot as the principal building and not for human habitation.
- BORROW PIT
- Any place or premises where dirt, soil, sand, gravel, or
other material is removed below the existing grade or below the grade
of surrounding land (other than necessary and incidental to site grading
or building construction), the material is unconsolidated and unprocessed,
and the material is to be used for a specific construction job located
close to the excavation site.[Added 7-9-2003 by Ord. No. 03-007]
- (See definition of "buffer yard.")
- BUFFER, SHORE
- All of that land area located within 75 feet inland of the ordinary high-water mark of all ponds, streams, lakes, wetlands, and navigable waters and parallel to that ordinary high-water mark.
- BUFFER YARD
- An area of land within the boundaries of a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or using trees, shrubs, fences, and/or berms, designed to limit continuously the view and/or sound from the lot or site to adjacent lots or sites. Buffer yards are typically defined by a delineated easement graphically indicated on the face of the site plan, landscape plan, certified survey map, subdivision plat, or condominium plat. Buffer yards may be required between zoning districts and/or land uses to eliminate or minimize conflicts between them as set forth in Article XVIII of this chapter.
- BUFFER YARD INTENSITY FACTOR
- The relative sight screening value of a buffer yard as measured by levels of intensity of buffer yard plant foliage or other characteristics of the buffer yard, including fencing, earthen berms, or walls.
- BUILDABLE AREA
- The space remaining on a zoning lot after the minimum space requirements of this chapter have been complied with.
- BUILDING CODE
- The Town of Barton Building Code.
- BUILDING, COMPLETELY ENCLOSED
- A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls, pierced only by windows and normal entrance or exit doors.
- BUILDING COVERAGE AREA
- The total horizontal area of an accessory building or accessory
buildings as measured on a horizontal plane at mean grade level from
the exterior surface of the walls, excluding eaves.[Added 3-16-2004 by Ord. No. 04-002]
- BUILDING, DETACHED
- A building surrounded by open space on the same zoning lot.
- BUILDING HEIGHT
- The vertical distance measured from the curb level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat or slant roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridge of a gable, or hip, or gambrel roof, provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade at the front of the building.
- BUILDING INSPECTOR
- The Building Inspector of the Town of Barton, Washington County, Wisconsin.
- BUILDING LINE
- The line nearest the front of and across a zoning lot, establishing the minimum setback to be provided between the front line of a building or structure and the street right-of-way line.
- BUILDING, PERMANENT
- Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no connecting doors, windows, or openings and which is designed or intended for the shelter, enclosure or protection of persons, animals, or chattels. Any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures, are not considered as permanent buildings.
- BUILDING, PRINCIPAL
- A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
- BUILDING, TEMPORARY
- A structure designed, built, created, or occupied for short and/or intermittent periods of time not to exceed one year, including tents, inflatable structures, lunch wagons, dining cars, trailers, and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes; or for the enclosure or screening of goods or property; or for the display of signs and advertising. For the purpose of this definition, "roof" shall include an awning or other similar covering, whether or not it is permanent in nature.
- Term used to indicate the size, height, area, density, intensity, and location of structures. (See Part 3 of this chapter.)
- An occupation, employment, or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations.
- A measurement of the diameter of a tree taken six inches from above the ground level for trees up to and including four-inch caliper sizes and 12 inches above the ground level for larger sizes.
- Any land, including structures, used for assembly or temporary occupancy by individuals and providing outdoor recreational facilities.
- CAMP, RECREATIONAL
- An establishment consisting of a permanent building or group of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to members of such association and not to anyone who may apply.
- A roofed-over area attached to the principal building for vehicle storage, which may be open on three sides.
- CERTIFIED SURVEY MAP
- A plat or map prepared for a minor land division as defined, prepared, and recorded as set forth in § 236.34, Wis. Stats. (Also see definition for "minor land division.")
- Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
- (See definition of "medical health center.")
- CLUB, PRIVATE
- A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, and county laws.
- The provision of multiple antennas or more than one commercial
wireless communication service provider or government entity on a
single tower or support structure.[Added 6-24-2009 by Ord. No. 09-03]
- COMBUSTIBLE MATERIALS
- (See definition for "materials, inflammable.")
- COMMON AREA
- Land in a residential development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner but rather for the benefit of all occupants of the development.
- COMMON ELEMENT
- All of a condominium except its units and its limited common
elements.[Added 3-3-2004 by Ord. No. 04-001]
- COMMON ELEMENT, LIMITED
- That element of a condominium reserved for the exclusive
use of one unit owner and which is typically an individual condominium
unit site area.[Added 3-3-2004 by Ord. No. 04-001]
- A town, municipality, or a group of adjacent towns and/or municipalities having common social, economic, or physical interests.
- COMMUNITY LIVING ARRANGEMENT
- The following facilities licensed or operated or permitted under the authority of Wisconsin State Statutes: child welfare agencies under § 48.60 and community-based residential facilities under § 50.01, but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons, and jails. The establishment of a community living arrangement shall be in conformance with §§ 46.03(22), 50.01(1), and 60.63, Wis. Stats., and amendments thereto., 
- COMPREHENSIVE PLAN
- A document or series of documents prepared by the Plan Commission and duly adopted by said Commission setting forth policies for the future development or redevelopment of the Town of Barton pursuant to § 62.23, Wis. Stats. The Comprehensive Plan shall also include the Town land use plan, neighborhood and subarea plans, proposals for future land use, open space, streets and transportation, parks, urban redevelopment, and public facilities. Devices for the implementation of these plans, such as zoning, Official Map, land division and building line provisions, design guidelines, and capital improvement programs, shall also be considered a part of the Comprehensive Plan.
- Property subject to a condominium declaration as defined, regulated, and established under Ch. 703, Wis. Stats.
- CONDOMINIUM, OPEN SPACE
- A residential condominium which provides a designated amount of open space as set forth under the requirements of Article V and § 500-72A of this chapter.[Added 3-3-2004 by Ord. No. 04-001]
- CONGREGATE RESIDENCE
- Any building or portion thereof which contains facilities for living, sleeping, and sanitation, as required by this chapter, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a convent, monastery, dormitory or fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels, or lodging houses.
- Any or all work or operations necessary or incidental to the erection, demolition, assembling, installing, or equipping of buildings, or any alterations and operations incidental thereto. The term "construction" shall include land clearing, grading, excavating, and filling and shall also mean the finished product of any such work or operations.
- CONSTRUCTION, START OF
- The excavation of or installation of foundation footings or grading other than for the installation of materials for road construction.
- In contact with one or more sides of a lot for 100 feet or
more.[Amended 11-3-2014 by Ord. No. 14-004]
- COURT, OUTER
- An open, unoccupied space opening onto a street, alley, or yard.
- A local street with only one outlet and having an appropriate turnaround for the safe and convenient reversal of traffic movement.
- A vertical or sloping edge of a roadway.
- The point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cut off) at a specific angle above the ground.
- CUTOFF ANGLE
- The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
- CUTOFF-TYPE LUMINAIRE
- A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at an angle that is less than 90°.
- DAY-CARE CENTER
- A state-licensed facility where a person, other than a relative or guardian, provides care and supervision for four or more children under seven years of age for less than 24 hours a day and for compensation.
- DAY-NIGHT AVERAGE SOUND LEVEL (Ldn).
- A basic measure for quantifying noise exposure, namely the A-weighted sound level averaged over a twenty-four-hour time period, with a ten-decibel penalty applied to nighttime (10:00 p.m. to 7:00 a.m.) sound levels.
- The A-weighting scale of sound measurement as expressed in decibels.
- (See definition of "diameter at breast height.")
- A 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 transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.
- DENSITY, GROSS (GD)
- The quotient of the total number of dwelling units on a site divided by the base site area of a site.
- DENSITY, NET (ND)
- The quotient of the total number of dwelling units divided by the net buildable site area of a site.
- The legal or beneficial owner(s) of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such land.
- The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. 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 disposition of materials.
- A. The following activities or uses shall be taken for the purposes of these regulations to involve development:
- (1) A reconstruction, alteration of, or material change in the external appearance of a structure on land or water; or
- (2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or an increase in the floor area or number of businesses, manufacturing establishments, or offices; or
- (3) Alteration of a shore or bank of a pond, river, stream, lake, or other waterway; or
- (4) Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land; or
- (5) Demolition of a structure; or
- (6) Clearing of land as an adjunct of construction, including clearing or removal of vegetation, any significant disturbance of vegetation, or any soil manipulation; or
- (7) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
- B. The following operations or uses shall not be taken for the purpose of these regulations to involve development:
- (1) Work by a highway or road agency or railroad company for the maintenance of a road or railroad track if the work is carried out on land within the boundaries of the right-of-way; or
- (2) Work by any utility, and other persons engaged in the distribution or transmission of gas or water, for the purposes of inspecting, repairing, renewing, or constructing on established rights-of-way sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like (exclusive of the activities requiring a special use permit as per the requirements of this chapter); or
- (3) The maintenance, renewal, or alteration of any structure, where only the interior or the color of the structure or the decoration of the exterior of the structure is affected; or
- (4) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; or
- (5) A change in the ownership or form of ownership of any parcel or structure; or
- (6) Work involving the landscaping of a detached dwelling; or
- (7) Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other nonnatural planting areas.
- C. "Development" includes all other activity customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of development or to the result of development within the Town. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this definition.
- DEVELOPMENT, MULTIPLE-FAMILY DWELLING
- A residential building designed for occupancy by three or more dwelling units.
- DEVELOPMENT, RURAL
- Agricultural, residential, recreational, and other open space development at such concentrations and densities not requiring traditional urban services and facilities. Such rural development may be expected to result in minimum disturbance of the land and land cover and, therefore, less impact on the natural environment. (Also see definition for "rural area.")
- DEVELOPMENT, URBAN
- Residential, commercial, industrial, governmental, and institutional development in sufficient concentrations or densities to require a variety and high level of traditional urban services and facilities, including but not limited to full- or part-time municipal police and fire protection and community administration; additional public streets and highways; neighborhood parks and playgrounds; neighborhood schools; local libraries; public sanitary sewer facilities or other Town and county acceptable sewage disposal system, public water supply facilities, and public solid waste removal; storm sewers; mass transit facilities; continual street maintenance; curbs, gutters, and sidewalks; streetlighting; and neighborhood convenience shopping. Such development may be expected to alter or require the altering of land and land cover and have detrimental impact on the ground and surface waters. (Also see definition for "urban area.")
- DIAMETER AT BREAST HEIGHT (DBH)
- The diameter of the trunk of a tree measured in inches at a point 4.5 feet above ground line. This point of measurement is used for established and mature trees.
- A part or parts of the Town for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the residential and nonresidential zoning district classifications).
- DISTURBANCE, LAND
- Any man-made change of the land surface, including removing vegetative cover, excavating, filling, and grading, but not including agricultural land uses such as planting, growing, cultivating, and harvesting crops, growing and tending gardens or harvesting trees.
- DIVISION OF LAND
- Where the title or part thereof of land is transferred by the execution of a land contract, an option to purchase, an offer to purchase and acceptance, a deed, a subdivision plat, or a certified survey map.
- The land on either side of and within 50 feet of the center line of any intermittent or perennial stream graphically shown on either the United States Geological Survey 7.5-minute quadrangle topographic map of the area or the large-scale one inch equals 100 feet Town of Barton topographic maps, except areas designated as wetlands, shoreland wetlands, floodlands, floodways, or one-hundred-year recurrence interval floodplains.
- The farthest distance, measured as a radius and the total area encompassed thereby, where the branches of a tree extend from its trunk indicating the extent of the canopy of a tree.
- DRIVE-IN AND DRIVE-THROUGH (OR DRIVE-THRU) ESTABLISHMENT OR FACILITY
- A commercial retail, service, or personal service establishment designed or intended to, by design of physical facilities or by service or packaging procedures, encourage or permit customers to receive a service or obtain a product while staying within a motor vehicle or enable a customer in a motor vehicle parked on or moving through the premises to transact business with a person outside the motor vehicle. Such establishments include, but are not necessarily limited to, financial institutions, restaurants, and dry-cleaning stores.
- A paved or unpaved area used for ingress or egress of vehicles allowing access from a street to a lot or site, use, building, or other structure or facility.
- A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, or boardinghouses or lodging houses.
- DWELLING, ATTACHED
- A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
- DWELLING, DETACHED
- A dwelling which is entirely surrounded by open space on
the same lot, parcel or condominium unit.[Amended 3-3-2004 by Ord. No. 04-001]
- DWELLING, DUPLEX
- A two-family dwelling in which the living quarters are arranged side by side or one over the other.
- DWELLING, EFFICIENCY
- A dwelling unit consisting of one principal room with no separate sleeping rooms.
- DWELLING GROUP
- Two or more one-family, two-family, or multiple-family dwellings, or boardinghouses or lodging houses, located on one zoning lot, but not including tourist courts or motels.
- DWELLING, MULTIPLE-FAMILY
- A building or portion thereof designed or altered for occupancy by three or more families living independently of each other.
- DWELLING, ONE-FAMILY
- A dwelling unit designed exclusively for use and occupancy by one family.
- DWELLING, ROW (PARTY WALL)
- A row of two to six attached one-family party wall dwellings, not more than 2 1/2 stories in height, nor more than two rooms in depth, measured from the building line.
- DWELLING, TWO-FAMILY
- A building designed or altered to provide dwelling units for occupancy by two families.
- DWELLING UNIT
- One or more rooms in a residential structure, or other structure properly zoned for residential uses, which are arranged, designed, used, or intended for use by one family, plus not more than four lodgers, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.
- The area of land set aside or over or through which a liberty, privilege, or advantage in land, distinct from ownership of the land, is granted to the public or some particular person or part of the public.
- EASEMENT, CONSERVATION
- A type of protective covenant, the boundary lines of which are graphically depicted on the face of a certified survey map, preliminary plat, final plat and/or condominium plat, or filed as a separate legal instrument, used to conserve and preserve a natural resource feature that is protected under the provisions of this chapter.
- ELECTROMAGNETIC FIELDS
- Fields that arise whenever electrons are moved through a conducting medium. They have two components, one electric, the other magnetic. These fields have regular periodicity, measured in hertz.
- The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
- 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:
- A. The group shares the entire dwelling unit.
- B. The group lives and cooks together as a single housekeeping unit.
- C. The group shares expenses for food, rent, utilities or other household expenses.
- D. The group is permanent and stable and not transient or temporary in nature.
- E. 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, and for the packing or storage of the products produced on the premises, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses and cattle, as secondary to crop raising, subject to distance limitations from residential property, and not including the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of poultry broilers, or laboratory animals, such as mice, rats, rabbits, etc. Specific farm uses are further defined in § 500-67 of this chapter.
- FARM, HOBBY
- Farming activities which occur on a parcel of land less than
20 acres in area and which are an accessory use to the principal residential
use of the property. These include the growing of the usual farm products
such as vegetables, fruit trees, and grain, and the packing or storage
of the products produced on the premises, as well as the raising thereon
of the usual farm poultry and farm animals such as horses and cattle,
as an accessory use to the principal residential use of the property,
subject to distance limitations from residential property, and not
including the commercial feeding of garbage or offal to swine or other
animals, the commercial feeding of animals on open lots where no feed
is raised on the premises, or the commercial feeding of poultry broilers,
or laboratory animals, such as mice, rats, rabbits, etc.[Amended 4-19-2011 by Ord. No. 11-001]
- B. In the HFA District, the raising of farm animals such as horses, cattle, swine, etc., not to exceed one animal unit (as defined in this section) per one acre of total lot or parcel area. (Also see § 500-76H of this chapter regarding the limitation on the maximum number of equine permitted to be housed in private stables.)
- A structure which is a barrier or is used as a boundary or means of protection or confinement.
- FENCE, DECORATIVE
- A fence, including gates, which is more than 75% open and less than three feet in height, such as split-rail fences used for ornamental purposes. For purposes of this definition, chain-link and picket fences are not considered to be decorative fences.
- FENCE, SOLID
- A fence, including gates, which conceals from view from adjoining properties, streets, or alleys activities conducted behind it.
- A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
- FLOOD INSURANCE STUDY
- An examination, evaluation, and determination of flood hazards, and if appropriate, corresponding water surface elevations; or an examination, evaluation, and determination of mudslide (i.e., mud flow) and/or flood-related erosion hazards. Such studies shall result in the publication of a Flood Insurance Rate Map showing the intensity of flood hazards in either numbered or unnumbered A Zones.
- Those lands, including the channels, floodways, and floodplain fringe of any given reach, which are subject to inundation by the flood with a given recurrence frequency. The floodlands are all lands contained in the regional flood or one-hundred-year recurrence interval flood.
- Those floodlands, outside the floodway, subject to inundation by the one-hundred-year recurrence interval flood.
- FLOOD, REGIONAL
- A flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year, there is a one-percent chance that the regional flood may occur or be exceeded. During a typical thirty-year mortgage period, the regional flood has a twenty-six-percent chance of occurrence.
- FLOOD STAGE
- The elevation of the floodwater surface above an officially established datum plane, which is either National Geodetic Vertical Datum (NGVD) or Washington County datum, as noted on the Washington County Zoning Map(s).
- A designated portion of the one-hundred-year flood that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in Wisconsin to 0.01 foot unless special legal measures are provided. The floodway, which provides the channel, is that portion of the floodplain not suited for human habitation. All fill, structures, and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage should be prohibited in the floodway.
- A. For the purpose of determining the floor area ratio, the gross floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, "gross floor area" shall include:
- (1) Basement space if at least 1/2 of the basement story height is above the established curb or ground level;
- (2) Elevator shafts and stairwells at each floor;
- (3) Floor space used for mechanical equipment where the structural headroom exceeds 7.5 feet, except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers;
- (4) Attic floor space where the structural headroom exceeds 7.5 feet;
- (5) Interior balconies and mezzanines;
- (6) Enclosed porches, but not terraces and breezeways;
- (7) Accessory buildings.
- B. For determining requirements for off-street parking and off-street loading, the "floor area" shall mean the sum of the gross horizontal areas of the several floors of the buildings, 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 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.
- FLOOR AREA, GROUND
- The lot area covered by a principal building, measured at grade from the exterior faces of the exterior walls, but excluding open porches or terraces, garages, or carports.
- FLOOR AREA RATIO, GROSS (GFAR)
- An intensity measured as a ratio derived by dividing the total gross floor area of a building or structure by the base site area. Where the lot is part of a larger development and has no required buffer yard, that lot area may be used instead of the base site area to calculate the lot's development potential. Also see Article VIII.
- FLOOR AREA RATIO, NET (NFAR)
- An intensity measured as a ratio derived by dividing the total gross floor area of a building or structure by the net buildable site area. Also see Article VIII.
- A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
- (See definitions for "woodland, mature" and "woodland, young.")
- FOSTER FAMILY HOME
- The primary domicile of a foster parent which is for four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.
- A major highway having no intersections at grade and having fully controlled access, hence, free from conflicts and interruptions.
- The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
- All the property fronting on one side of a street between the nearest intersecting streets or between a street right-of-way, waterway, or other similar barrier.
- GARAGE, BUS
- Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.
- GARAGE, PRIVATE
- An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of family or families resident upon the premises, and in which no business, service, or industry connected directly or indirectly with automobile vehicles is carried on, provided that not more than 1/2 of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed 0.5 ton.
- GARAGE, PUBLIC
- A building other than a private garage, used for the care, incidental servicing, and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding 1.5 tons' capacity.
- GARAGE, TRUCK
- A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding 1.5 tons' capacity.
- A measure of magnetic flux density. It is used to compare relative strengths of magnetic fields.
- GOLF COURSE
- Public, semipublic, or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least 60 acres for each standard nine-hole course, 120 acres for each standard eighteen-hole course, and 25 acres for each nine-hole, par-three course.
- GRADE, STREET
- The elevation of the established street in front of the building, measured at the center of such front. Where no street grade has been established, the Town Engineer shall establish such street grade or its equivalent for the purpose of this chapter.
- An enclosed structure, permanent or portable, which is used for the growth of plants.
- GROUP FOSTER HOME
- Any facility operated by a person required to be licensed by the State of Wisconsin under § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
- GUEST HOUSE
- Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
- A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
- HEIGHT, BUILDING
- (See definition of "building height.")
- HEIGHT, FENCE
- The height of the fence shall be determined by measuring the vertical distance from the grade to the top of each section of the fence.
- HEIGHT (OF TOWER OR ALTERNATIVE TOWER STRUCTURE)
- The distance from the finished ground surface below the center
of the base of said tower or distance from the ground of the alternative
tower structure to the highest point on the tower or alternative tower
structure or any fixture attached thereto (including an antenna),
whichever is highest. In the case of an alternative tower structure,
the height includes the height of that portion of the alternative
tower structure the antenna is mounted to. Measurements of communication
tower height shall include the alternative tower structure, base pad,
and other appurtenances. Building-mounted communications towers shall
be considered a part of the principal structure upon which such towers
are mounted.[Added 6-24-2009 by Ord. No. 09-03]
- A helistop that also includes all necessary passenger and cargo facilities, helicopter maintenance and overhaul, fueling service, storage, tie-down areas, hangars, and other necessary buildings and open spaces. Heliports include any of the uses of helistops.
- An area designated for the landing and taking off of helicopters for the purpose of picking up or discharging passengers or cargo, not including fueling or service facilities.
- A unit that measures frequency in all physical systems that have wave pattern. Abbreviated "Hz."
- HIGH GROUNDWATER ELEVATION
- The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year, or by soil mottling during drier periods. "Mottling" is a mixture or variation of soil colors. In soils with restricted internal drainage, gray, yellow, red, and brown colors are intermingled giving a multicolored effect.
- HIGH-WATER ELEVATION (SURFACE WATER)
- The average annual high-water level of a pond, stream, lake, flowage, or wetland, referred to an established datum plane or, where such elevation is not available, the elevation of the line up to which the presence of water is so frequent as to leave a distinct mark by erosion, change in or destruction of vegetation, or other easily recognized topographic, geologic, or vegetative characteristic.
- HOME OCCUPATION
- Any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. (See § 500-75 of this chapter.)
- HOMEOWNERS' ASSOCIATION
- A Wisconsin nonprofit membership corporation which serves as an association of homeowners within a subdivision, certified survey map, or condominium having shared common interest responsibilities with respect to the costs and upkeep of common private property of a subdivision, certified survey map, or condominium. Such common property includes private recreation and open space areas within the subdivision, certified survey map, or condominium. For the purposes of this chapter, homeowners' associations include condominium associations.
- An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than 24 hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" as used herein does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter, or boardinghomes.
- HOSPITAL, ANIMAL
- A lot, building, structure, enclosure, or premises whereon or wherein three or more dogs, cats, or other domestic animals are kept or maintained and is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the State of Wisconsin. Crematory facilities shall not be allowed in an animal hospital.
- HOTEL, APARTMENT
- A hotel in which at least 90% of the hotel accommodations are for occupancy by the permanent guests. An apartment hotel having not fewer than 50 guest rooms may have a dining room open to the public which is accessible only from an inner lobby or corridor.
- An establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, restaurants, including the sale of alcoholic beverages, telephone, and secretarial or desk service.
- The occupant of a dwelling unit who is either the owner or lessee thereof.
- ILLUMINATION, MAXIMUM PERMITTED
- The maximum illumination measured in footcandles at the interior buffer yard line at ground level.
- IMPACT NOISES
- Noises whose peak values are more than six dBA higher than the values indicated on a sound-level meter meeting the requirements of the American National Standards Institute (ANSI S1.4 1961) "American Standard Specification for General Purpose Sound Level Meters," and are of a short duration. Impact noises are generated by sources that do not operate more than one minute in any one-hour period.
- IMPERVIOUS SURFACE
- Impervious surfaces are those which do not absorb water. Impervious surfaces consist of all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. In the case of lumberyards or similar uses, areas of stored lumber constitute impervious surfaces.
- IMPERVIOUS SURFACE RATIO (ISR)
- A measure of the intensity of land use which is determined by dividing the total area of all impervious surfaces on a site by the base site area (resulting in the gross ISR determination) or the net buildable area (resulting in the net ISR determination).
- Any man-made immovable item which becomes part of, placed upon, or is affixed to real estate.
- IMPROVEMENT, PUBLIC
- Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, curb and gutter, sidewalk, pedestrianway, bicycle path, stormwater detention and retention basins, planting strip, or other utility and/or facility for which the Town may ultimately assume the responsibility for maintenance and operation.
- IMPROVEMENT, SUBSTANTIAL
- Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessed value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.
- INSTITUTION, EDUCATIONAL
- Public, parochial, charitable, or nonprofit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
- JUNKYARD (including "automobile wrecking" and "storage")
- Any lot, building, structure, enclosure, premises or parts thereof used for the storage, keeping, or abandonment of any worn-out, castoff, or discarded or abandoned article, material, vehicle, automobile, or machinery or parts thereof, which is ready for destruction or sale or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage, or other waste or discarded materials, articles, vehicles, automobiles, or machinery or parts thereof, or vehicles or automobiles without a valid current state registration and license plate issued to said vehicle or automobile, and to the occupant, owner, purchaser, lessor, lessee, or tenant of any lot, building, or structure therein or thereon situated.
- KENNEL, COMMERCIAL
- A lot, building, structure, enclosure, or premises whereon or wherein more than three dogs or cats over six months of age are maintained, boarded, bred, kept, or cared for in return for remuneration, or are kept for the purpose of sale, or are groomed, trained, or handled, for others.
- KENNEL, PRIVATE
- A lot, building, structure, enclosure, or premises whereon or wherein three or fewer dogs or cats over six months of age are maintained, boarded, bred, kept, or cared for.
- LABORATORY, COMMERCIAL
- A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly, or packaging of products is not included within this definition.
- Any body of water two acres or larger in size as measured by the shoreline at its maximum condition rather than the permanent pool condition, if there is any difference.
- LANDSCAPE BUFFER YARD
- (See definition for "buffer yard.")
- LANDSCAPE SURFACE AREA
- Surface area of land not covered by any building or impervious surface; pervious surface that is maintained as a natural area and left undisturbed or to support plant life.
- LANDSCAPE SURFACE RATIO (LSR)
- The ratio derived by dividing the area of landscaped surface by the base site area.
- Living material, such as grass, ground cover, flowers, shrubs, vines, hedges, and trees; and nonliving durable material such as rocks, pebbles, sand, mulch, wood chips or bark, walls, and fences, but not including paving.
- LAND USER
- Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
- LEVEL, CURB
- The level of the established curb in front of a building or structure, measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure, measured at the center line of such front.
- LIVING AREA
- That area of a dwelling unit measured from the outside of the exterior walls, including utility rooms, foyers, interior stairwells, hallways, closets, columns and walls and finished half basements or finished portions of half basements, but excluding basements and unfinished half basements, or unfinished portions of half basements, open porches, breezeways, garages and other spaces not used frequently or during extended periods for living, eating, or sleeping purposes. The unit of measurement of living area shall be in square feet.
- LIVING AREA, FIRST-FLOOR
- That space used for living purposes which is not above any other space used for living purposes. The first-floor living area shall never conform to the definition of "half basement" or "basement."
- LOADING AND UNLOADING SPACE, OFF-STREET
- An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, or unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys. The minimum required size of such loading space shall be 10 feet in width and 25 feet in length, exclusive of aisle and maneuvering space, and it shall have a vertical clearance of not less than 15 feet.
- LODGE, PRIVATE
- (See definition of "club, private.")
- LODGING HOUSE
- (See definition of "rooming house.")
- A parcel of land legally described as a distinct portion
or piece of land of record. In the case of open space condominiums,
the land area contained within the exterior, or peripheral, boundary
lines of an individual condominium unit site area's limited common
elements, excluding common elements, private driveway easements, and
public street rights-of-way.[Amended 3-3-2004 by Ord. No. 04-001]
- A. For both existing lots of record and new lots created which are not located in the EA, AT, GA, HFA and R-1 Districts, the area contained within the exterior, or peripheral, boundaries or lot lines of a lot, excluding public street right-of-way.
- B. For existing lots of record located in the EA, AT, GA, HFA and R-1 Districts which abut a public street right-of-way existing on the date of the adoption of this chapter, the area contained within the exterior, or peripheral, boundaries or lot lines of a lot, including that portion of an abutting public street right-of-way as measured to the center line of said abutting public street right-of-way.
- C. For new lots created in the EA, AT, GA, HFA and R-1 Districts and which new lots abut a public street right-of-way existing on the date of the adoption of this chapter, the area contained within the exterior, or peripheral, boundaries or lot lines of a lot, including that portion of an abutting public street right-of-way as measured to the center line of said abutting public street right-of-way.
- D. In the case of open space condominiums, the area contained within the exterior, or peripheral, boundary lines of an individual condominium unit site area's limited common elements, excluding common elements, private driveway easements, and public street rights-of-way.
[Amended 1-15-2002 by Ord. No. 02-001; 6-18-2002 by Ord. No. 02-006; 3-3-2004 by Ord. No. 04-001; 4-19-2011 by Ord. No. 11-001]
- LOT, CORNER
- A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
- LOT COVERAGE
- The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
- LOT DEPTH
- The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
- LOT, DOUBLE FRONTAGE
- A lot, other than a corner lot, with frontage on more than one street. Double frontage lots shall normally be deemed to have two front yards, two side yards and no rear yard. Double frontage lots shall not generally be permitted unless the lot abuts an arterial highway. Double frontage lots abutting arterial highways should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure.
- LOT FRONTAGE
- The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINE
- A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way line.
- LOT LINE, FRONT
- The front property boundary line of a zoning lot.
- LOT LINE, INTERIOR
- A side lot line common with another lot.
- LOT LINE, REAR
- The lot line or lot lines most nearly parallel to and most remote from the front lot line.
- LOT LINE, SIDE
- A lot line other than a front or rear lot line.
- LOT OF RECORD
- An area of land designated as a lot on a plat of subdivision or certified survey map recorded or registered pursuant to statute.
- LOT, THROUGH
- (See definition of "lot, double frontage.")
- LOT WIDTH
- The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area of a lot.
- LOT, ZONING
- (See definition of "zoning lot.")
- (See definition of "tavern.")
- A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
- MANUFACTURED HOME
- A structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes, but is not limited to, the definition of "mobile home" as set forth in regulations governing the Mobile Home Safety and Construction Standards Program [24 CFR 3282.7(a)]. Factory-built homes on permanent foundations are considered buildings and are governed by the Wisconsin Uniform Dwelling Code.
- MANUFACTURED HOME PARK
- A parcel (or contiguous parcels) of land divided into two or more manufactured home spaces for rent or lease.
- MANUFACTURED HOME SUBDIVISION
- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale.
- MATERIALS, INFLAMMABLE
- Means and includes oils and oil lights, sweepings from garage floors, barrels, boxes or other containers containing oil or other similar liquids, rags, clothes, paper, shavings, paper or cardboard boxes or cartons, grease, paints, varnish, or other similar substances, any of which are likely to be readily inflammable or combustible.
- MATERIALS, TOXIC
- A substance (liquid, solid, or gaseous) which, by reason of a deleterious property, tends to destroy life or impair health.
- MEDICAL HEALTH CENTER
- An establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.
- MINI STORAGE
- A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. At least one toilet facility shall be available to customers. No sales, service, or repair activities other than the rental of dead storage units are permitted on the premises. Maximum leasable space per tenant shall be 1,000 square feet. Outdoor storage, or the storage of junk, explosives, or inflammable materials, and other noxious or dangerous materials is specifically prohibited.
- MINOR LAND DIVISION
- Any division of land not defined as a subdivision. Minor land divisions include the division of land by the owner or subdivider resulting in the creation of two, but not more than four, parcels or building sites, any one of which is less than 35 acres in size; or the division of a block, lot or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot, or outlot. Such minor land divisions shall be made by a certified survey map.
- MINOR VARIANCE
- (See definition of "variance, minor.")
- MIXED USE
- A building or structure that contains two or more of the following basic land use types, commercial, office, or residential, which are vertically integrated, and that are located over each other in whole or in part. Mixed uses may be integrated horizontally, provided that they are physically interrelated by pedestrian areas that are uninterrupted by vehicular traffic; in horizontal integration of mixed uses, the uses may not be separated by roads or parking areas.
- MOBILE HOME
- Any trailer as defined herein used for residential purposes.
- MOBILE HOME CAMP
- (See definition of "mobile home park.")
- MOBILE HOME PARK
- Any premises occupied or designed to accommodate one or more families living in a house trailer or mobile home, or the parking of one or more trailers for business or storage purposes.
- MONOPOLE TOWER
- A vertical support structure consisting of a single vertical
metal, concrete or wooden pole, pipe, tube or cylindrical structure,
typically round or square, and driven into the ground or mounted upon
or attached to a foundation.[Added 6-24-2009 by Ord. No. 09-03]
- A group of attached or detached buildings or facility containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges, or other similar type uses. Customary services, such as maid service, telephone, linen, and desk service, and the use and upkeep of furniture are provided.
- MOTOR LODGE
- (See definition of "motel.")
- MUNICIPAL CODE
- The Municipal Code of the Town of Barton, Washington County, Wisconsin.
- An incorporated village or city or an unincorporated town.
- NATURAL RESOURCE PROTECTION STANDARD
- The proportion of the natural features of a site (excluding land occupied by public street rights-of-way) which shall remain undeveloped and protected and is specifically designated for natural resource protection by deed restriction, protective covenant, zoning, or a combination thereof.
- NATURAL RESOURCES
- Areas of steep slopes, woodlands and forests (mature and young), lakes, ponds, streams, shore buffer, floodplains, floodlands, drainageways, wetlands, and shoreland wetlands as defined in this chapter.
- NAVIGABLE LAKE
- (See definition of "navigable water.")
- NAVIGABLE STREAM
- Any stream capable of floating any boat, skiff, or canoe of the shallowest draft used for recreational purposes. Also see definition of "navigable water."
- NAVIGABLE WATER
- Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages, and other water within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGayner and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. Rivers and streams are presumed to be navigable if they are designated as either continuous or intermittent waterways on the United Stated Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter.
- NONCONFORMING BUILDING
- A building or structure, or portion thereof, lawfully existing at the time of the adoption of this chapter, which was designed, erected, or structurally altered after the effective date of this chapter for a use that does not conform to the use regulations of the district in which it is located.
- NONCONFORMING USE
- Any building, structure, or land lawfully occupied by a use or lawfully established at the time of the adoption of this chapter or amendments hereto, which does not conform after the effective date of this chapter, or amendments hereto, with the use regulations of this chapter.
- NOXIOUS MATTER
- Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social, or economic well-being of human beings.
- A place where the primary activity is the growing of plants, flowers, trees, and shrubs for sale.
- NURSERY, DAY
- A building or portion thereof used for the daytime care of preschool-age children.
- NURSERY SCHOOL
- An institution providing day care for children from four to six years of age.
- NURSING HOME
- A private home for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
- An obstacle, impediment, or hindrance.
- OCTAVE BAND
- A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
- OCTAVE BAND FILTER
- An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals (American Standard for Sound Level Meters, A.S.A. No. 244.3-1944).
- ODOROUS MATTER
- Solid, liquid or gaseous material which produces an olfactory response in a human being.
- ODOR THRESHOLD CONCENTRATION
- The lowest concentration of odorous matter which will produce an olfactory response in a human being as detected by a panel of healthy observers. Odor thresholds shall be determined in accordance with American Society for Testing and Materials Test Method D1391-57, "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)" (Philadelphia: American Society of Testing and Material, 1957).
- OFFICIAL LETTER OF MAP AMENDMENT
- Official notification from the Federal Emergency Management Agency (FEMA), or its successor, that a Flood Hazard Boundary Map or Flood Insurance Rate Map has been amended.
- OFFICIAL MAP
- That document as described by § 62.23(6), Wis. Stats., as amended, which shows the location of streets, highways, historic districts, parkways, parks, playgrounds, railroad rights-of-way, waterways, and public transit facilities in the Town of Barton.
- OFFICIAL ZONING MAP
- (See definition of "Zoning Map.")
- OPEN SALES LOT
- Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, farm machinery and equipment, and for the storage of same prior to sale.
- OPEN SPACE
- Any site, parcel, lot, area, or outlot of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for the
public or private use or enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open space.
Land that is to be used primarily for resource protection, agriculture,
recreational purposes, or otherwise left undisturbed and specifically
excluding road rights-of-way and lots. Open space land shall not be
occupied by nonrecreational buildings, roads, drives, public rights-of-way,
or off-street parking areas for nonrecreational uses. Land located
within the yards or lots of residential and/or nonresidential properties
is not considered open space unless it is deed restricted for open
space protection or natural resource features protection. Where lots
or individual condominium unit site areas are above the minimum sizes
required and the excess lot area or site area is deed restricted to
open space uses, it may be counted as open space.[Amended 3-3-2004 by Ord. No. 04-001]
- OPEN SPACE, DEED-RESTRICTED
- Deed-restricted open space on platted lots or within condominium
plats is not occupied by any principal or accessory buildings or structures,
roads, road rights-of-way, or parking areas. Deed-restricted open
space on platted outlots is not occupied by nonrecreational principal
or accessory buildings or structures, roads, road rights-of-way, or
parking areas. The maintenance of deed-restricted open space located
on platted outlots or condominium plats is by a homeowners' association.
The maintenance of deed-restricted open space located on platted lots
is by the individual lot owner.[Amended 3-3-2004 by Ord. No. 04-001]
- A. An open space area conveyed or otherwise dedicated to a municipality, municipal agency, public school district, state or county agency, or other public body for recreational or conservational uses.
- B. Any publicly owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, and parkways, but not including public streets.
- OPEN SPACE RATIO (OSR)
- The number derived by dividing the open space of the site by the base site area. When applied to natural resource protection, the open space ratio shall include the natural resource feature(s) to be protected. Minimum requirements for open space ratios are set forth for the various zoning districts under individual zoning district requirements sections of this chapter.
- OPTION, DEVELOPMENT
- Alternative development types within specific residential zoning districts as set forth in this chapter.
- ORDINARY HIGH-WATER MARK
- The point on the bank or shore of a navigable water up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
- Includes the plural as well as the singular and may mean either a natural person, individual, firm, association, syndicate, partnership, private corporation, public or quasi-public corporation, or combination of these having sufficient proprietary interest to seek development of land.
- OWNERSHIP, ONE
- For the purpose of this chapter, lots shall be considered as owned by the same person when they are owned by the same individual or corporation; an individual and another in joint tenancy, or as tenants in common, and either of said joint or common tenants owns other lots individually or as a joint tenant or tenant in common with another; an individual and other lots by his spouse, parent, grandparents, children, grandchildren, or the spouse of any child or grandchild, or a brother or sister; or when any of said lots are owned by an individual and other lots are owned by a corporation in which said individual is an officer or director or controlling stockholder.
- PARKING AREA, PRIVATE
- An open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
- PARKING AREA, PUBLIC
- An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1 1/2 tons' capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
- PARKING SPACE, AUTOMOBILE
- Space within a public or private parking area of not less than 180 square feet (nine feet by 20 feet), exclusive of access aisles or drives, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under 1 1/2 tons' capacity.
- PARK, PRIVATE
- A privately owned outdoor recreational area.
- PARK, PUBLIC
- A publicly owned recreational area.
- PARTICULATE MATTER
- For the purposes of determining air contaminations, "particulate matter" is any material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid capable of being airborne or gasborne. Dust is solid particulate matter capable of being airborne or gasborne.
- An area of grass or other vegetative cover grown for the purpose of grazing animals.
- A public way that is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
- PERFORMANCE STANDARD
- A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
- PERMITTED USE
- A use by right which is specifically authorized in a particular zoning district.
- Means and includes any natural person, firm, corporation, or partnership.
- PLAN COMMISSION
- The Town of Barton Plan Commission created by the Town Board pursuant to §§ 60.61, 60.62, 61.35, and 62.23, Wis. Stats.
- PLAN, DEVELOPMENT
- The Washington County Development Plan (including components thereof, including park, recreation, open space, and transportation plans) text and all accompanying maps, charts, explanatory material adopted by Washington County pursuant to § 59.69, Wis. Stats., and all amendments thereto.
- All bodies of water less than two acres in area as measured by the shoreline at its maximum condition rather than the permanent pool condition, if there is any difference.
- POND, WATER QUALITY
- A man-made pond constructed to improve the water quality of an area.
- A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
- PRELIMINARY PLAT
- A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration pursuant to the requirements of both Ch. 236, Wis. Stats., as amended, as well as Chapter 340, Land Division, of this Code.
- PRINCIPAL USE
- The main use of land or buildings as distinguished from a subordinate or accessory use.
- PROTECTIVE COVENANTS
- Contracts entered into between private parties or between private parties and public bodies which constitute a restriction on the use of all private property or platted property within a minor land division or subdivision for the benefit of the public or property owners and to provide mutual protection against undesirable aspects of development that would tend to impair stability of values.
- PUBLIC WAY
- Any public road, street, highway, walkway, drainageway, or part thereof.
- QUARTERS, TEMPORARY
- A room or rooms located on the property and intended for the temporary use of a watchman, servant, owner, etc. These quarters shall not be used as permanent living quarters.
- QUEUING SPACE
- That on-site area required, in terms of the number of cars that must be accommodated, while awaiting ingress or egress to specified business or service establishments.
- RECREATION, ACTIVE
- Recreational facilities oriented to competitive activities, including, but not necessarily limited to, baseball, softball, soccer, football, tennis, basketball, playground or play field, ice-skating area, picnicking, and swimming.
- RECREATION, PASSIVE
- Recreational uses, areas, or activities oriented to noncompetitive activities which require no special equipment. Passive recreation areas are generally maintained by mowing. Bicycle riding, hiking, and bird watching are examples of passive recreation activities.
- REGISTER OF DEEDS
- Washington County Register of Deeds.
- Any land, building, or part thereof, other than a boardinghouse, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
- A. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption as follows:
- B. The principal method of operation includes the serving of food and/or beverages in paper, plastic, or other disposable containers.
- REST HOME
- (See definition of "nursing home.")
- RINGELMANN CHART
- A chart which is described in the United States Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.
- RINGELMANN NUMBER
- The number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.
- The top or bottom edge of a roof or building parapet, excluding any cupolas, pylons, chimneys, or other minor projections.
- ROOMING HOUSE
- A building with not more than five guest rooms where lodging is provided for compensation, pursuant to previous arrangement, but not open on a daily, overnight, or per-meal basis to transient guests.
- The rainfall, snowmelt, discharge pumping, or irrigation water flowing over the ground surface.
- RURAL AREA
- Those areas of the Town of Barton not within a Town of Barton adopted delineated public sanitary sewer service area in conformance with an adopted areawide water quality management plan.
- SAND AND GRAVEL PITS
- Includes the removal of sand or gravel deposits from the land for commercial purposes, regardless of whether or not such operation results in the creation of a depression in the ground.
- (See definition of "hospital.")
- Furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting; intended for use in determining off-street parking requirements.
- SERVICES, ESSENTIAL
- 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 communications 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 not including buildings.
- Those minimum street, front, rear, and/or side yards required by this chapter.
- SETBACK LINE, BASE
- The ultimate street line as established by the Comprehensive Plan of the Town, or component thereof, and/or a highway width ordinance of Washington County or by an Official Map of the Town. On all such streets, the base setback line shall be located at a distance from the center line equal to 1/2 of such established width. On all other streets, the base setback line shall be 30 feet from the center line of such street or 60 feet from the center point of a cul-de-sac, unless specifically designated otherwise by the Town Board of the Town. The base setback line of frontage roads shall be located at a distance from the center line equal to 1/2 of the right-of-way of said frontage road. All setback lines shall be parallel to and measured at right angles to the center line of the street or highway. All front yard building setbacks shall be measured from the base setback lines.
- SETBACK LINE, BUILDING
- A line parallel to the street line at a distance from it regulated by the front yard requirements set up in this chapter.
- SHELTER, EMERGENCY
- Public or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare, fire, flood, windstorm, riots, and invasions.
- SHOPPING CENTER
- A group of commercial establishments which is planned, developed, owned, and managed as a unit.
- Those lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream, or to the landward side of the floodplain as designated on the adopted Washington County Shoreland and/or Floodplain Zoning Map, whichever distance is greater
- Standard Industrial Classification from the 1987 (or latest edition) manual published by the Executive Office of the President, Office of Management and Budget.
- SITE AREA, NET
- The entire land area within the boundaries of a site, less the area of all land required or proposed for public use, open space, or natural resource preservation or protection.
- SITE CAPACITY ANALYSIS
- A calculation of buildable site area, taking into account its resource protection land, open space, and other lands (see Article VIII of this chapter).
- The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
- SLOPE, STEEP
- Three categories of steep slopes are defined herein for use in this chapter. These categories are based upon the relative degree of the steepness of the slope as follows: 10% to 20%, 20% to 30%, and greater than 30%. No land area shall be considered a steep slope unless the steep slope area has at least a ten-foot vertical drop and has a minimum area of 5,000 square feet.
- Small gasborne particles other than water that form a visible plume in air.
- SMOKE UNITS
- The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation.
- SOUND-LEVEL METER
- An instrument standardized by the American Standards Association for measurement of intensity of sound.
- SPECIAL USE
- A use permitted by special zoning certificate in accordance with the provisions of this chapter.
- STABLE, BREEDING, BOARDING, TRAINING
- A use in which equines are kept primarily for breeding, boarding, training, and/or giving lessons, but in no event for rent or hire to the public.
- STABLE, LIVERY
- Any building, other than a private stable, designed, arranged, used, or intended to be used for the storage of horses and horse-drawn livery, or both.
- STABLE, PRIVATE
- Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used, or intended to be used for housing horses for the private use of occupants of the dwelling.
- STABLE, PUBLIC
- A use on which equines are kept for sale or hire to the public. Breeding, boarding, or training of equines may also be conducted.
- STAND, ROADSIDE
- A farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the sale of the farm products raised on said farm.
- That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling above it.
- STORY, HALF
- That portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than 4.5 feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings less than three stories in height, a half story in a sloping room shall not be counted as a story.
- A course of running water, either perennial or intermittent, flowing in a channel.
- A public way, other than an alley, which affords a primary means of access to abutting property.
- STREET, ARTERIAL
- A federal-, state-, or county-marked route normally having four lanes for traffic and some form of median marker; may also be a Town-designated arterial street in the adopted Town of Barton Comprehensive Plan or component thereof or on the Official Map. Parking may be banned. A street used, or intended to be used, primarily for fast or heavy through traffic providing for the expeditious movement of through traffic into, out of, and within the community. Arterial streets shall include freeways and expressways, as well as standard arterial streets, highways, and parkways. Arterial streets shall be located to minimize the penetration of such streets through existing and proposed residential areas. Arterial streets shall be designed to convey an average daily traffic (ADT) of 3,000 and greater.
- STREET, COLLECTOR
- A street used, or intended to be used, to carry traffic from minor streets to the system of arterial streets, including principal entrance streets to residential developments and/or activity/employment centers. Collector streets shall be designed to convey an average daily traffic (ADT) of between 500 and 3,000.
- STREET, FRONTAGE
- A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.
- STREET LINE
- A line separating a lot, piece, or parcel of land from a street.
- STREET, MINOR
- A street used, or intended to be used, primarily for access to abutting properties. Residential minor streets that are designed as either looped or through streets shall be designed so that no section conveys an average daily traffic (ADT) greater than 500. Residential minor land access streets that are designed as permanent cul-de-sac streets shall be designed so that no section conveys an average daily traffic (ADT) greater than 250.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, and girders.
- Anything constructed or erected which requires location on the ground, including a fence or freestanding wall. A sign, billboard, or other advertising medium, detached or projecting, shall be construed to be a structure.
- STRUCTURE, NONCONFORMING
- Any structure which does not conform to the regulations of this chapter prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between structures on a single lot, or minimum required usable open space for the district in which such structure is located.
- The division of a lot, parcel, or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates five or more parcels or building sites of 10 acres each or less in area, or where the act of division creates five or more parcels or building sites of 10 acres each or less in area by successive division within a period of five years.
- SUBDIVISION, CONVENTIONAL
- A residential subdivision which does not provide a designated amount of open space as set forth under the requirements of Article V of this chapter for an open space subdivision or an open space condominium.[Amended 3-3-2004 by Ord. No. 04-001]
- SUBDIVISION, OPEN SPACE
- A residential subdivision which provides a designated amount of open space as set forth under the requirements of Article V and § 500-72A of this chapter.
- The natural ground lying beneath the structural portion of a road.
- SURETY BOND
- A bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled.
- A building where liquors are sold to be consumed on the premises, but not including restaurants, where the principal business is serving food.
- TERMINAL, MOTOR FREIGHT
- A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
- (See definition of "auditorium.")
- A park or recreational area less than five acres in area equipped with children's play equipment and play apparatus.
- TOURIST COURT
- (See definition of "motel.")
- TOURIST HOME
- A dwelling in which accommodations are provided or offered for transient guests.
- Any structure that is designed and constructed for the purpose
of supporting one or more transmitting or receiving antennas for telephone,
radio, and similar communication purposes, including self-supporting
lattice towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures, and the like. The
term includes the structure and any structural support thereto.[Added 6-24-2009 by Ord. No. 09-03]
- TOWN ATTORNEY
- The Town Attorney of the Town of Barton, Washington County, Wisconsin.
- TOWN BOARD
- The Town Board of the Town of Barton, Washington County, Wisconsin.
- TOWN CLERK
- The Town Clerk of the Town of Barton, Washington County, Wisconsin. For application purposes, the term "Town Clerk" may include the Town Board's authorized agent.
- TOWN ENGINEER
- The Town Engineer of the Town of Barton, Washington County, Wisconsin.
- TOXIC AND NOXIOUS MATTER
- Any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property.
- A vehicle without motor power used or adaptable for living, sleeping, hauling, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet Building Code requirements, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "house car." A permanent foundation shall not change its character unless the entire structure is erected in accordance with prevailing Town codes and ordinances.
- TRAILER HOUSE
- (See definition of "mobile home.")
- TRAILER PARK
- (See definition of "mobile home park.")
- TRAILER SALES AREA
- An open area, other than a street, used for the display or sale of new or used trailers, and where no repair work is done except for minor incidental repair of trailers to be displayed and sold on the premises.
- Any self-supporting, woody plant, together with its root system, growing upon the earth usually with one trunk, or a multistemmed trunk system, supporting a definitely formed crown.
- TREE, CANOPY
- A tree whose leaves would occupy the upper level of a forest in a natural ecological situation. This type of tree is often referred to as a "shade tree."
- TREE, STREET
- A tree located in a public place, street, special easement, or right-of-way adjoining a street.
- TREE, UNDERSTORY
- A tree whose leaves would occupy the lower level of a forest in a natural ecological situation. This type of tree is often referred to as an "ornamental tree."
- A single or one-way vehicle movement to or from a property.
- TRUCK PARKING AREA
- Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceed 1 1/2 tons in capacity.
- TRUCK PARKING YARD
- (See definition of "truck parking area.")
- URBAN AREA
- That portion of the Town of Barton located within a Town of Barton adopted delineated public sanitary sewer service area in conformance with an adopted areawide water quality management plan.
- The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let, or leased.
- USE, ACCESSORY
- (See definition of "accessory structure or use.")
- USE, NONCONFORMING
- (See definition of "nonconforming use.")
- USE, PERMITTED
- (See definition of "permitted use.")
- UTILITY, PUBLIC
- Any person, firm, corporation, or municipal department duly authorized to furnish, under public regulation, to the public electricity, gas, steam, telephone, transportation, or water.
- VARIANCE, MINOR
- A variance from the terms and provisions of the Building Code and this chapter which may be granted only to accessory buildings of 150 square feet or less in area, decks, and fences.
- VEHICLE, COMMERCIAL
- Any vehicle over 6,000 pounds' empty weight.
- VETERINARY CLINIC
- (See definition of "hospital, animal.")
- VETERINARY HOSPITAL
- (See definition of "hospital, animal.")
- Ground-transmitted oscillations. The periodic displacement or oscillation of the earth.
- VIBRATIONS, IMPACT
- Discrete impulses which do not exceed 60 per minute.
- VIBRATIONS, STEADY-STATE
- Vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute.
- A permanent or intermittent stream channel.
- An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
- WETLAND, SHORELAND
- A wetland, as defined by this chapter, which is located within a shoreland area.
- WISCONSIN ADMINISTRATIVE CODE
- The rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system as directed by § 35.93 and Ch. 227, Wis. Stats., including subsequent amendments to those rules.
- WOODLAND, MATURE
- An area or stand of trees whose total combined canopy covers an area of one acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (DBH) of at least 10 inches; or any grove consisting of eight or more individual trees having a DBH of at least 12 inches whose combined canopies cover at least 50% of the area encompassed by the grove. However, no trees grown for commercial purposes should be considered a mature woodland.
- WOODLAND, YOUNG
- An area or stand of trees whose total combined canopy covers an area of 0.50 acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (DBH) of at least three inches. However, no trees grown for commercial purposes shall be considered a young woodland.
- An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
- YARD, FRONT
- A yard extending along the full length of the front lot line
between the side lot lines. That yard which is obviously the front
by reason of the prevailing custom of the other buildings in the area
or in the Town. Where such front yard is not obviously evident to
the Zoning Administrator, the Zoning Administrator shall determine
the front yard.[Amended 11-1-1995 by Ord. No. 95-2]
- YARD, REAR
- A yard extending along the full length of the rear lot line between the side lot lines. On a corner lot, the rear yard shall be that yard directly opposite the front yard.
- YARD, SHORE
- 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 one-hundred-year recurrence interval floodplain or ordinary high-water mark 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 one-hundred-year recurrence interval floodplain or high-water line.
- YARD, SIDE
- A yard extending along a side lot line from the front yard to the rear yard.
- YARD, STREET
- A yard extending the full width of a lot in that area of
a lot located between a lot line abutting a street right-of-way and
a building line.[Added 11-1-1995 by Ord. No. 95-2]
- ZONING ADMINISTRATOR
- The Zoning Administrator of the Town of Barton, Washington County, Wisconsin.
- ZONING BOARD OF APPEALS
- Reference to "Zoning Board of Appeals" shall refer to the Board of Zoning Appeals of the Town of Barton, Washington County, Wisconsin. The term "Zoning Board of Appeals," as used herein, is synonymous with a "Board of Adjustment" as referred to in § 60.65, Wis. Stats.
- ZONING DISTRICT
- As defined by this chapter and its accompanying maps, as amended.
- ZONING LOT
- A single tract of land located within a single block which (at the time of filing for a building 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 may or may not coincide with a lot of record.
- ZONING MAP
- The map or maps incorporated into this chapter as a part hereof, designating and delineating boundaries of zoning districts.
- ZONING PERMIT
- The permit required by this chapter prior to the erection, reconstruction, enlargement, or moving of any building or structure or use of a structure, land, or water where such erection or use complies with all provisions of this chapter.