For the purposes of this chapter, the following definitions
shall be used, unless a different definition is specifically provided
for a section. Words used in the present tense include the future;
the singular number includes the plural number; and the plural number
includes the singular number. The word "shall" is mandatory and not
permissive.
As used in this chapter, the following terms, which are divided
into "general definitions" and "use definitions," shall have the meanings
indicated in this section:
A.Â
ABUTTING
ACCESSORY BUILDING OR USE
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(2)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
ACRE, NET
ALLEY
APARTMENT
ARTERIAL STREET
AWNING
BASEMENT
BLOCK
BOARD OF APPEALS/ADJUSTMENT
BUILDABLE LOT AREA
BUILDING
BUILDING HEIGHT
BUILDING LINE
BUILDING SETBACK LINE
BUILDING, COMPLETELY ENCLOSED
BUILDING, DETACHED
BUILDING, PRINCIPAL
BULK
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
BUSINESS
CERTIFICATE OF COMPLIANCE
COMMERCIAL FEED LOT
CONDITIONAL USE
CONFORMING BUILDING OR STRUCTURE
CONSERVATION STANDARDS
CONTROLLED ACCESS ARTERIAL STREET
CORNER LOT
CURB LEVEL
DECORATIVE FENCE
DENSITY
DEPARTMENT
DEVELOPMENT
DISTRICT, BASIC
DISTRICT, OVERLAY
DWELLING
DWELLING SIZE
DWELLING UNIT
DWELLING, ATTACHED
DWELLING, DETACHED
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLINGS, BI-LEVEL AND TRI-LEVEL
EMERGENCY SHELTER
ENVIRONMENTAL CORRIDOR
ESSENTIAL SERVICES
ESTABLISHMENT, BUSINESS
FAMILY
FARMING, GENERAL
FENCE
FLOOR AREA
(1)Â
(2)Â
(3)Â
FLOOR AREA RATIO
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GREENSPACE
GROSS DENSITY
GUEST, PERMANENT
HEARING NOTICE
HOTEL
HOUSEHOLD
HOUSEHOLD OCCUPATIONS
HUMAN HABITATION
JUNK
JUNKYARD
LAND USE
LOADING AREA
LOT
LOT AREA
LOT COVERAGE (EXCEPT RESIDENTIAL)
LOT COVERAGE (RESIDENTIAL)
LOT DEPTH
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINES
LOT LINES AND AREA
LOT OF RECORD
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, SUBSTANDARD
LOT, THROUGH
LOT, ZONING
MOBILE HOME
MODEL HOME
MUNICIPALITY or MUNICIPAL
NAMEPLATE
NATURAL RESOURCE PRESERVATION REQUIREMENTS
NET DENSITY
NGVD or NATIONAL GEODETIC VERTICAL DATUM
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING USE
NONFAMILY HOUSEHOLDS
NURSING HOME
OPEN SPACE USE
PARKING LOT
PARKING SPACE
PARTIES IN INTEREST
PARTY WALL
PERSON
PRIVATE SEWAGE SYSTEM
PRIVATE STREET
PUBLIC UTILITIES
PUBLIC WAY
RAILROAD RIGHT-OF-WAY
RETAIL
ROADSIDE STAND
RUMMAGE SALE
SATELLITE LOT
SCREENING
SETBACK
SHOREYARD SETBACK
SIGNS
SOLAR COLLECTOR
STORY
STORY, HALF
STREET
STRUCTURAL ALTERATIONS
STRUCTURES
SUBSTANTIAL EVIDENCE
SUBSTANTIAL IMPROVEMENTS
(1)Â
(2)Â
TEMPORARY STRUCTURES
TRAILER
UNIFIED DEVELOPMENT
UNNECESSARY HARDSHIP
USABLE OPEN SPACE
USE
USE, ACCESSORY
USE, CONDITIONAL
USE, PERMITTED
USE, PRINCIPAL
UTILITIES
UTILITY ROOM
VARIANCE
VISION CLEARANCE
WATERSHED
WELL
WETLAND SETBACK
WOODLANDS and FORESTS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
YARD, STREET
ZERO LOT LINE
ZONING PERMIT
General definitions.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Have a common property line or district line.
A detached subordinate structure or a use which is clearly
incidental to and customarily found in connection with the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
An accessory building or use is one which:
Is customary and clearly incidental to the principal building
or principal use;
Serves exclusively the principal building or principal use;
Is subordinate in area, extent or purpose to the principal building
or principal use;
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or principal use served; and
Is located on the same zoning lot as the principal use served,
with exception of such accessory off-street parking facilities as
are permitted to locate elsewhere than on the same zoning lot as the
building or use served.
An accessory building or use includes, but is not limited to,
the following:
A children's playhouse, garden house or private greenhouse;
A garage, carport, shed or building for storage incidental to
a permitted use;
Incinerators incidental to a permitted use;
Storage of goods used in or permitted manufacturing activities
on the same zoning lot with such activities, unless such storage is
excluded by the district regulations;
The production, processing, cleaning, servicing, testing, repair
or storage of merchandise normally incidental to a permitted retail
service or business use if conducted by the same ownership as the
principal use;
Off-street motor vehicle parking areas and loading facilities;
Signs, as permitted and regulated in each district incorporated
in this chapter; and
Earth station dish antennas over three feet in diameter, which
are ground-mounted or building-mounted.
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, and school sites contained
within 43,560 square feet.
A public way not more than 24 feet wide which affords only
a secondary means of access to abutting property.
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.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. Arterial streets shall
include freeways and expressways as well as arterial streets, highways
and parkways.
An awning is a retractable, roof-like cover, temporary in
nature, which projects from the wall of a building.
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-around
living accommodations.
A block is a tract of land bounded by streets or by a combination
of streets and public parks, cemeteries, railroad right-of-way, bulkhead
lines or shorelines of waterways. A block may be located in part beyond
the boundary lines of corporate limits of the Village.
The body established under § 62.23, Wis. Stats.,
for cities or villages and designated "Board of Appeals," or as established
under § 59.99, Wis. Stats., for counties and designated
"board of adjustment."
The portion of a lot remaining after required yards have
been provided.
A building is any structure built for the support, shelter
or enclosure of persons, animals, chattel or movable property of any
kind and which is affixed to the land. When any portion thereof is
completely separated from every other portion by masonry or fire wall
without any window, which wall extends from the ground to the roof,
then such portion shall be deemed to be a separate building.
Building height is a vertical distance from the curb level
or the approved ground level opposite the center of the front of a
building to the highest point of the roof in the case of a flat roof,
to the deck line of a mansard roof, and to the mean-height level between
eaves and ridges of a gable, hip or gambrel roof. No building or parts
of a building shall exceed the maximum building height of the zoning
district in which it is situated.
A line parallel to a lot line and at a specified minimum
distance from the lot line to comply with the building setback requirements
of the Village Zoning Ordinance.
See "building line."
A completely enclosed building is a building separated on
all sides from the adjacent open space or from other buildings or
structures by a permanent roof and by exterior walls or party walls,
pierced only by windows and normal entrance or exit doors.
A detached building is a building surrounded by open space
on the same lot.
A building in which the principal use of the lot on which
it is located is conducted.
Bulk is the term used to indicate the size and setbacks of
buildings or structures and the location of such buildings or structures
with respect to one another and includes the following:
Size and height of buildings;
Location of exterior walls at all levels in relations to lot
lines, streets or to other buildings;
Gross floor area of buildings in relation to lot area (floor
area ratio);
All open spaces allocated to buildings; and
Amount of lot area provided per dwelling unit or lodging room.
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.
A certification by the Zoning Administrator stating that
the construction and the use of land or a building, the elevation
of fill or the lowest floor of a structure is in compliance with all
the provisions of this chapter.
Confinement of 200 or more head of livestock on a farm or
other site for the purpose of intensive feeding prior to slaughter
or shipment in such concentration that ground vegetation is substantially
destroyed where:
A use allowed under a conditional use permit, special exception,
or other special zoning permission issued by the Village, but does
not include a variance.
A conforming building or structure is any building or structure
which:
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide, prepared
by the USDA Natural Resources Conservation Service for Ozaukee County,
adopted by the County Soil and Water Conservation District Supervisors,
and containing suitable alternatives for the use and treatment of
land based upon its capabilities from which the landowner selects
that alternative which best meets his needs in developing his soil
and water conservation.
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.
See "lot, corner."
The curb level for any building is the level of the established
curb in front of such building measured at the center of such front.
A fence that does not restrict access to the yard.
The number of residential dwelling units allowed per acre
of land.
The Wisconsin Department of Natural Resources.
Any artificial change to improved or unimproved real estate,
including, but not limited to, construction of buildings, structure
or accessory structures; the construction of additions or substantial
improvements to buildings, structures or accessory structures; the
placement of buildings or structures; mining, dredging, filling, grading,
paving, excavation or drilling operations; and the storage, deposition
or extraction of materials, public or private sewage disposal systems
or water supply facilities. Any man-made change to improved or unimproved
real estate, including, but not limited to, construction of or additions
or substantial improvements to buildings, other structures, or accessory
uses, mining, dredging, filling, grading, paving, excavation or drilling
operations or deposition of materials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and building
are uniform.
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic zoning district without
disturbing the requirements of the basic district. In the instance
of conflicting requirements, the more strict of the conflicting requirements
shall apply.
A building or part of a building containing one or more dwelling
units and also containing other directly associated elements such
as hallways, storage areas or common laundry facilities.
Dwelling size shall be measured from outside wall to outside
wall, and shall only include interior living area finished at time
of occupancy. In the case where unfinished area is on the same floor
with finished area, such as a lower level containing a basement and
a walk-out finished area, the finished area calculation shall be measured
to the outside of any exterior wall of the dwelling to the inside
wall of the finished area abutting the unfinished area. The square
footage requirements shall exclude garages (attached or detached),
porches, breezeways, decks, utility rooms and any other accessory
structure.
An area within a dwelling that is designed, occupied or intended
to be occupied by a family (or by a nonfamily household as permitted
by this chapter) as separate living quarters, with private kitchen,
sanitary, sleeping and living quarters within the unit.
A dwelling separated from another dwelling unit and having
any portion of any roof, wall or floor in common with another dwelling
unit.
A detached dwelling is one which is entirely surrounded by
open space on the same lot.
A multiple-family dwelling is a building, or portion thereof,
containing three or more dwelling units.
A single-family dwelling is a building containing one dwelling
unit only.
A two-family dwelling is a building containing two dwelling
units only.
Dwellings with horizontally offset levels shall be considered
to be bi-level and tri-level type construction.
Public or private enclosures designed to protect people from
aerial radiological, biological, or chemical warfare; fire, flood,
windstorm, riots, and invasions.
An area in the landscape containing especially high value
natural, scenic, historic, scientific, or recreational features. The
Southeastern Wisconsin Regional Planning Commission or approved equivalent
shall delineate boundaries of the area. Residential development shall
be permitted at very low densities not to exceed one dwelling unit
per five acres. The five-acre parcel shall be under single ownership
with an appropriate deed restriction to protect and preserve the area
or outlot not designated as a home site. At least 85% of the environmental
corridor's natural qualities shall be retained. No more grading, filling
or vegetative removal is allowed except that which is minimally necessary
to accommodate the proposed building.
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations, and
hydrants, but not including buildings or wireless communication facilities.
A business establishment is a place of business carrying
on operations which are physically separate and distinct from those
of any other place of business located on the same zoning lot.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
General farming shall include floriculture, forest and game
management, orchards, raising of grain, grass, mint and seed crops,
raising of fruits, nuts and berries, sod farming and vegetable farming.
General farming includes the operating of such an area for one or
more of the above uses with the necessary accessory uses for treating
or storing the produce; provided, however, that the operation of any
such accessory uses shall be secondary to that of the normal farming
activities. General farming does not include operation of a commercial
feed lot.
A barrier intended to prevent intrusion or to make a boundary.
Such a barrier is constructed of posts and boards or rails, or posts
and wire mesh.
(For determining off-street parking and off-street loading
requirements.) Floor area when prescribed as a basis of measurement
for off-street parking spaces and loading berths for any use shall
mean the sum of the gross horizontal areas of the several floors of
the building or buildings devoted to such use, including accessory
storage areas located within selling or working space, such as counters,
racks or closets, and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, floor area for the purpose 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 indoor parking or loading facilities.
Basement floor area, other than area devoted to retailing activities
or to the production or processing of goods or to business or professional
offices.
An intensity measured as a ratio derived by dividing the
total gross floor area of a building, structure or group of buildings
or structure, including any accessory structure, by the total lot
or parcel area, excluding any right-of-way.
The smallest dimension of a lot abutting a public street
measured along the street line.
A detached accessory building or portion of the principal
building, designed, arranged, used or intended to be used for storage
of automobiles belonging to or used by the occupant of the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.
The required open space to be provided on the site, normally
planted with grass and landscape materials, as measured perpendicular
from the nearest property line to any structure, pavement or hard
surface, or man-made impediment. The greenspace may be bisected by
a perpendicular ingress/egress drive, and a sidewalk system to connect
the site to the right-of-way. Any stormwater management and/or water
quality basin shall not be permitted within the minimum greenspace
setback. Wetlands shall not be counted toward the greenspace requirement.
The number of residential dwelling units allowed per acre
of land minus any existing right-of-way on the land prior to subdivision
or development approval.
A permanent guest is a person who occupies or has the right
to occupy on a monthly or longer basis a hotel or apartment hotel
accommodation as his domicile and place of permanent residence.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats.; Class 1 notice is the minimum required for appeals: Published
once at least one week (seven days) before the hearing. Class 2 notice
is the minimum required for all zoning ordinances and amendments,
including map amendments, published twice, once each week consecutively,
the last at least a week (seven days) before the hearing, with the
day of the hearing not counting toward the seven-day requirement.
Local ordinances or bylaws may require additional notice, exceeding
these minimums.
A facility containing more than five sleeping rooms with
private or semiprivate bathroom facilities offered overnight lodging
to the public for compensation and catering primarily to the traveling
public. A hotel shall offer services such as maid, telephone, desk
and vending services. It may offer a restaurant, recreational facilities
and meeting facilities.
A family or nonfamily group living in a nontransient manner
in a single dwelling unit.
Any occupation for gain or support conducted entirely within
buildings by resident occupants, which is customarily incidental to
the principal use of the premises, does not exceed 25% of the area
of any floor, uses only household equipment, and no stock-in-trade
is kept or sold except that made on the premises. A household occupation
includes uses such as babysitting, millinery, dressmaking, canning,
laundering, and crafts, but does not include the display of any goods
nor such occupation as barbering, beauty shops, dance schools, real
estate brokerage, or photographic studios.
A human residence or dwelling.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
includes, but is not limited to, vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush, wood and lumber.
A junkyard is an open area where waste or scrap materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handles, including, but not limited to, scrap iron and other metals,
paper, rags, rubber tires and bottles. A junkyard includes an automobile
wrecking or dismantling yard, but does not includes uses established
entirely within enclosed buildings.
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
A parcel of land having frontage on a public street, or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area and other open space provisions
of this Code as pertaining to the district wherein located.
The lot area is the area of a horizontal plane contained
within the exterior or peripheral boundaries or lot lines of a lot
excluding streets and land under navigable bodies of water.
The area of a lot occupied by the principal building or buildings
and accessory buildings, including any driveways, parking areas, loading
areas, storage areas and walkways.
The area of a lot occupied by the principal building or buildings
and accessory building.
The lot depth is the mean horizontal distance between the
front lot line and the rear lot line of a lot measured within the
lot boundaries.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
The front lot line, in the case of a lot abutting upon only
one street, shall mean the line separating such lot from such street.
The lot line opposite to and most distant from the front
lot line. In the case of an irregular, triangular or gore-shaped lot,
the rear lot line shall be an imaginary line, parallel to and farthest
from the front lot line, not less than 10 feet long and wholly within
the lot. In cases where neither of these definitions are applicable,
the Zoning Administrator shall designate the rear lot line.
A side lot line shall mean any lot line that is not a front
lot line or a rear lot line.
Lot lines shall mean the property lines bounding the lot.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
A lot of record is a lot which is part of a subdivision or
a certified survey map which has been recorded in the Office of the
Register of Deeds of Ozaukee County or a parcel of land, the deed
to which was recorded in the Office of said Register of Deeds prior
to the effective date of this chapter. Any lot or parcel of land created
through a violation of any other applicable laws or ordinances of
the State of Wisconsin and the Village of Fredonia shall not, in this
instance, be considered a lot of record.
The lot width is the horizontal distance between the side
lot lines of a lot, measured at right angles to the lot depth, said
measurement to be made at the rear line of the required front yard.
A corner lot is a lot of which at least two adjacent sides
abut for their full lengths upon a street, provided that the interior
angle at the intersection of such two sides is less than 135°.
A lot abutting upon a curved street or streets shall be considered
a corner lot if the tangents to the curve at its points of beginning
within the lot or at the points of intersection of the side lot lines
with the street line intersect at an interior angle of less than 135°.
Corner lots shall meet front yard setback requirements for all street
sides.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A parcel of land held in separate ownership having frontage
on a public street, or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot depth, lot area, yard, off-street parking areas
or other space provisions of this Code pertaining to the district
wherein located.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
A zoning lot or lots is 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 or lots may or may not coincide with a lot of record.
A manufactured home that is HUD-certified and labeled under
the national Mobile Home Construction and Safety Standards Act of
1974. A mobile home is a transportable structure, being eight feet
or more in width (not including the overhang of the roof), built on
a chassis and designed to be used as a dwelling with or without permanent
foundation when connected to the required utilities. For the purpose
of this chapter, it does not include recreational vehicles or travel
trailers.
A model home is a residential structure used for display,
advertising and selling of homes.
The Village governmental units enacting, administering and
enforcing this chapter.
A nameplate is a sign indicating the name and address of
a building, or the name of an occupant thereof, and the practice of
a permitted occupation therein.
The minimum protection of resources on a site, which may
include wetlands, floodplains, lakes, ponds, streams, creeks, brooks,
stormwater management basins, woodlands, forests, and poor soil conditions,
archaeological sites, etc. An assessment of on-site natural resources
shall be presented to the Planning Commission with any development
application. Where a primary environmental corridor, secondary environmental
corridor or isolated natural area exists on a site proposed for development,
the Village may require, in the public interest, increased preservation
standards above those stated in this chapter.
The number of residential dwelling unit allowed per acre
of land minus any existing right-of-way on the land prior to subdivision
or development and minus the acres of natural areas of the land to
be preserved, including wetlands, floodplains, woodlands and forests,
also including stormwater management basins.
Elevations referenced to mean sea level datum, 1929 adjustment.
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
chapter for the area which it occupies. A nonconforming building or
structure is any building or structure which:
A nonconforming use is any use of land, buildings or structures
which does not comply with all the regulations of this chapter or
of any amendment hereto governing uses for the zoning district in
which such use is located (such as a residence in the floodway).
A group of individuals, not exceeding five in number, who
do not constitute a "family" as defined herein and who live as a single
household in a dwelling unit.
A place where five or more persons who are not related to
the operator or administrator reside, receive care or treatment and,
because of their mental or physical condition, require access to twenty-four-hour
nursing services, including limited nursing care, intermediate level
nursing care and skilled nursing services, as defined in § 50.01,
Wis. Stats.
Those uses having a relatively low flood damage potential
and not involving structures.
A structure or premises containing five or more parking spaces.
A graded and surfaced area of not less than 180 square feet.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontage.
A wall containing no opening which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above and which separates contiguous buildings but is in joint
use for each building.
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the State of Wisconsin, including a substitute for the
septic tank or soil absorption field, a holding tank, a system serving
more than one structure or a system located on a different parcel
than the structure.
A street owned and maintained by a private individual, organization,
or company rather than by the Village of Fredonia, Ozaukee County,
State of Wisconsin or the United States of America. Consequently,
unauthorized use of the street may be considered trespassing, and
some of the usual rules of streets may not apply. The most common
type of private streets are residential streets maintained by a homeowners'
association, housing co-op, or other group of individual homeowners.
Those utilities using underground or overhead transmission
lines such as electric, telephone and telegraph, and distribution
and collection systems such as water, sanitary sewer and storm sewer.
A public way is any sidewalk, street, alley, highway or other
public thoroughfare.
A railroad right-of-way is a strip of land containing railroad
tracks and customary auxiliary facilities only for track operation.
For the purpose of this chapter, a railroad right-of-way does not
include land used or intended to be used for switching, spur, lead,
team or siding tracks, freight depots or stations, loading platforms,
train sheds, warehouses, car or locomotive shops, car yards or classification
yards.
The sale of goods or merchandise in small quantities to the
consumer.
A roadside stand is a temporary structure which is not permanently
affixed to the ground and is readily removable in its entirety, which
is used solely for the display or sale of farm products produced on
the premises upon which such roadside stand is located. No roadside
stand shall be more than 300 square feet in ground area and there
shall not be more than one roadside stand on any one premises.
Also known as garage sale or yard sale. A sale conducted
for a maximum of 18 days or less per year, with no sale lasting more
than three consecutive days, excluding the Village-wide rummage sale,
for the sale of personal household possessions, with no overnight
outside display of items. Not for any commercial venture. No permit
required.
A confined designated area, either subdivided or in common
ownership with adjacent areas, containing a single use building that
is designed as an integral part of a unified commercial/retail center
or business center.
Screening is a hedge, wall or fence to provide a visual separator
and physical barrier not less than four feet nor more than six feet
in height, unless otherwise provided for in this chapter.
The minimum horizontal distance between the front lot line
and the nearest point of the foundation of that portion of the building
to be enclosed. The overhang cornices shall not exceed 24 inches.
Any overhang of the cornice in excess of 24 inches shall be compensated
by increasing the setback by an amount equal to the excess of cornice
over 24 inches. Uncovered steps shall not be included in measuring
the setback.
The minimum distance, measured perpendicular from the nearest
point from a structure, road, driveway or parking surface to a delineated
wetland boundary that is within or part of a State of Wisconsin defined
shoreland-wetland corridor, generally 300 feet from the ordinary high-water
mark of a navigable stream or 1,000 feet of the ordinary high-water
mark of a body of water.
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names
or trademarks, by which anything is made known and which is used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity or product and which is visible from
any public street or highway.
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical
or electrical energy.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade shall
be deemed a story for purpose of height regulation.
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 4Â 1/2 feet above the finished floor
of such story. In the case of one-family dwellings, two-family dwellings
and multifamily dwellings less than three stories in height, a 1/2
story in a sloping roof shall not be counted as a story for the purposes
of this Code.
A public right-of-way not less than 50 feet wide.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, which includes, but is not limited
to, such objects as roofed and walled buildings, gas or liquid storage
tanks, bridges, dams and culverts. Anything constructed or erected,
the use of which requires a permanent location on the ground or attached
to something having a permanent location on the ground.
Facts and information, other than merely personal preferences
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
a reasonable person would accept in support of a conclusion.
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 a 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. (For purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structures.)
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure.
A trailer is any structure which is or may be mounted upon
wheels for moving about and is propelled by its own or drawn by other
motive power and which is used as a dwelling or as an accessory building
or structure in the conduct of a business, trade or occupation or
used for hauling purposes.
A development that results in land division or multiple buildings
to be constructed.
Those circumstances which are special conditions affecting
a particular property, which are not self-created, have made strict
conformity with restrictions governing areas, setbacks, frontage,
height or density unnecessarily burdensome or unreasonable in light
of the purposes of this chapter.
Usable open space is that part of the ground level of a zoning
lot, other than in a required front or corner side yard, which is
unoccupied by principal or accessory building, service driveways,
off-street parking spaces and/or loading berths and is unobstructed
to the sky. This space of minimum prescribed dimensions shall be available
to all occupants of the buildings and shall be usable for greenery,
drying yards, recreational space and other leisure activities normally
carried on outdoors. To the extent prescribed in these regulations,
balconies and roof areas designed and improved for outdoor activities
may also be considered as usable open space. "Ground level" for this
purpose may include open terraces above the average level of the adjoining
ground, but not including a permanently roofed-over terrace or porch.
The purpose or activity for which the land or building thereof
is designed, arranged or intended, or for which it is occupied or
maintained.
A subordinate building or use which is located on the same
lot on which the principal building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary
use of such building or main use, when permitted by district regulations.
A conditional use is a use which, because of its unique or
varying characteristics, cannot be properly classified as a permitted
use in a particular district. After due consideration, as provided
for in this chapter, of the impact of such use upon neighboring land
and of the public need for the particular use at a particular location,
such conditional use may or may not be granted.
A permitted use is a use which may be lawfully established
in a particular district or districts, provided it conforms with all
requirements and regulations of such district in which such use is
located.
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards,
power plants or wireless telecommunications facilities.
A room that contains any one or a combination of heating,
ventilating and air-conditioning equipment, water treatment devices,
and contained water heating devices.
An authorization granted by the Zoning Board of Appeals to
construct, alter or use a structure in a manner which is inconsistent
with the dimensional standards contained in this chapter.
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
The entire region or area contributing runoff or surface
water to a particular watercourse or body of water.
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods for the purpose of obtaining groundwater
regardless of its intended use.
The minimum distance, measured perpendicular from the nearest
point, from a structure, road, driveway or parking surface to a delineated
wetland boundary that is not part of a State of Wisconsin defined
shoreland corridor. The setback shall be measured to the back of any
curb and gutter; however, pavement or hard surface as part of a planned
pedestrian and/or bicycle trail system may be allowed within the setback.
This required setback shall also be defined as an ordinary high-water
mark of a stormwater management basin, or the ordinary high-water
mark of a stream or creek not defined as navigable by the Wisconsin
Department of Natural Resources.
The sum total of a wooded or forested ecosystem on a site,
measured by the area surrounding the exterior tree canopy of a site,
and any isolated trees on a site that are either eight inches or greater
in caliper for deciduous trees or taller than eight feet in height
above adjacent ground level for coniferous trees. When both conditions
exist on the site, the 70% protection standards shall mean 70% of
the ecosystem shall be preserved and, independently, 70% of the isolated
trees shall be preserved.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except the vegetation. The
street and rear yards extend the full width of the lot.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The side where the address is shall be considered the front yard.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the side of the
dwelling containing the "front door" or main entryway on a corner
lot.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two street yards.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A permit issued by the Zoning Administrator to certify that
the lands, structures, air and water subject to this chapter are or
shall be used in accordance with the provisions of said chapter.
B.Â
Use definitions.
(1)Â
DAY-CARE CENTER
Educational uses.
An establishment in which the operator is provided with compensation
in return for providing one or more individuals with care for less
than 24 hours at a time. The term includes, but is not limited to,
a day nursery, nursery school, adult day-care center or other supplemental
care facility. This term does not include a family day-care home.
(2)Â
ARTIST STUDIO
BANK or OTHER FINANCIAL INSTITUTION
BROADCASTING OR RECORDING STUDIO
CURRENCY EXCHANGE
GARDEN SUPPLY OR LANDSCAPING CENTER
HOME IMPROVEMENT CENTER
OFFICE, GENERAL
OFFICE, GOVERNMENT
OUTDOOR MERCHANDISE SALES
PLANT NURSERY or GREENHOUSE
RETAIL ESTABLISHMENT, ADULT
RETAIL ESTABLISHMENT, GENERAL
SECONDHAND STORE
Commercial and office uses.
Work space for one or more artists or artisans, including
the accessory sale of art produced on the premises.
An establishment providing retail banking, credit and mortgage
services. This term does not include a currency exchange, a payday
loan agency or a title loan agency.
An establishment containing one or more broadcasting studios
for over-the-air, cable or satellite delivery of radio or television
programs, or studios for the audio or video recording or filming of
musical performances, radio or television programs or motion pictures.
This term does not include a transmission tower.
In accordance with § 218.05, Wis. Stats., any person
except banks incorporated under the laws of this state and national
banks organized pursuant to the laws of the United States and any
credit union operating under Ch. 186, Wis. Stats., which obtains a
certificate of authority from the Wisconsin Commissioner of Credit
Unions, engaged in the business of and providing facilities for cashing
checks, drafts, money orders and all other evidences of money acceptable
to such community currency exchange for a fee, service charge or other
consideration. This term does not include any person engaged in the
business of transporting for hire, bullion, currency, securities,
negotiable or nonnegotiable documents, jewels or other property of
great monetary value nor any person engaged in the business of selling
tangible personal property at retail nor any person licensed to practice
a profession or licensed to engage in any business in this state,
who in the course of such business or profession and, as an incident
thereto, cashes checks, drafts, money orders or other evidences of
money.
An establishment providing the retail sale of plants and
the sale or rental of garden and landscape materials and equipment.
This term includes outdoor storage of plants, materials or equipment.
See "plant nursery or greenhouse."
An establishment providing the sale or rental of building
supplies, construction equipment or home decorating fixtures and accessories.
This term includes a lumber yard or a contractors' building supply
business and may include outdoor storage or tool and equipment sales
or rental. This term does not include an establishment devoted exclusively
to retail sales of paint, wallpaper or hardware or activities classified
under vehicle/equipment sales and services, including vehicle towing
services.
Use of a building for business, professional or administrative
offices. A general office is characterized by a low proportion of
vehicle trips attributable to visitors or clients in relationship
to employees. Examples include, but are not limited to, offices of
firms or organizations providing architectural, computer software
consulting, data management, engineering, interior design, graphic
design, real estate, insurance, investment or legal services. This
term does not include a bank or other financial institution or the
office of a physician, dentist, optometrist or chiropractor.
An administrative, clerical or public contact office of a
government agency, including a postal facility, together with incidental
storage and maintenance of the agency's vehicles.
Retail sale of produce, other foodstuffs or other products,
primarily outside an enclosed structure, for more than 90 days in
any calendar year. This term shall not include a motor vehicle sales
facility, garden supply or landscaping center, lumber yard, building
supply or home improvement center, or Christmas tree lot.
An establishment engaged in growing crops of any kind within
or under a greenhouse, cold frame, cloth house or lath house, or growing
nursery stock, annual or perennial flowers, vegetables or other garden
or landscaping plants. This term does not include a garden supply
or landscaping center. See "garden supply or landscaping center."
An establishment in which 10% or more of the gross public
floor area is devoted to, or 10% or more of the stock-in-trade consists
of, the following: books, magazines and other periodicals, movies,
videotapes, compact discs, digital versatile discs, novelty items,
games, greeting cards and other materials which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to specified sexual activities: human genitals in a state
of sexual stimulation or arousal; acts of human masturbation, sexual
intercourse, oral copulation or sodomy; fondling or other erotic touching
of human genitals (pubic region), buttocks or female breasts; or specified
anatomical areas.
An establishment providing retail sale of new products to
the public and rendering services incidental to the sale of such products,
including, but not limited to, sales of: art supplies and picture
frames, art works, auto parts, baked goods, bicycles, books, newspapers
and magazines, collectibles, dry goods, notions and novelties, flowers
and plants, food and beverages, furniture and floor coverings, hardware,
hobbies, toys and games, household goods, jewelry, luggage, major
appliances, music, records, compact discs and tapes, paint and wallpaper,
pets, pharmaceutical products, photo equipment and processing, sewing
apparatus, sporting goods, stationery, tobacco products and wearing
apparel. This term includes, but is not limited to, a grocery store,
specialty food store, antique store, liquor store, butcher shop, delicatessen,
portrait studio, furniture or appliance rental establishment or video
rental or sales business. This term does not include an adult bookstore,
lumber yard, building supply or home improvement center, garden center
or secondhand store.
An establishment in which used merchandise is sold at retail.
This term includes a pawn shop but does not include an antique or
collectibles store or other general retail establishment.
(3)Â
HEALTH CLINIC
HOSPITAL
MEDICAL OFFICE
MEDICAL RESEARCH LABORATORY
MEDICAL SERVICE FACILITY
SOCIAL SERVICE FACILITY
Health care and social assistance.
A group of associated offices for four or more physical or
mental health care professionals who provide specialized diagnostic,
testing, physical therapy or treatment services, including clerical
and administrative services, to persons for periods of less than 24
hours. This term does not include a medical office or hospital.
A state-licensed institution providing primary health services
and medical, psychiatric, or surgical care to persons, primarily inpatients,
suffering from illness, disease, injury, deformity and other physical
or mental conditions, and, as an integral part of the institution,
related accessory uses or facilities, including, but not limited to,
laboratories, central service facilities for inpatient or outpatient
treatment, as well as training, research and administrative services
for patients and employees. Also included are health services and
care, and services and functions which support health services and
care, which are shared with other hospitals or other health care providers.
An establishment providing diagnostic and outpatient medical
care on a routine basis, but which is unable to provide prolonged
inpatient medical or surgical care. Such facility may be staffed by
up to three doctors, dentists, ophthalmologists, optometrists, chiropractors,
physical therapists or similar practitioners licensed for practice
by the state. This term includes a medical or dental laboratory incidental
to the medical office use. See also "health clinic."
An establishment providing medical or dental laboratory services
or photographic, analytical or testing services for medical or medical
research purposes. This term does not include a research and development
facility that primarily serves an educational or industrial establishment.
An establishment operated such that physicians are present
during less than 50% of normal business hours and which provides medical
services for the specialized diagnosis, testing and treatment of alcoholism,
chemical substance abuse, mental illness or sexually transmitted diseases.
This term includes, but is not limited to, a facility offering methadone
treatment programs, a prison parole or probation drug treatment distribution
center, or a facility where components of human blood are removed
and purchased for use in research or the manufacture of consumer or
industrial products.
A facility operated by an organization which provides services
such as training, counseling, health or the distribution of food or
clothing. This term includes, but is not limited to, a facility offering
life skills training, substance abuse counseling, housing services
or a neighborhood recovery center. This term does not include an emergency
residential shelter.
(4)Â
Service uses.
(a)Â
BUILDING MAINTENANCE SERVICE
BUSINESS SERVICE
CATERING SERVICE
DRY CLEANING ESTABLISHMENT
FUNERAL HOME
FURNITURE AND APPLIANCE RENTAL AND LEASING
HOUSEHOLD MAINTENANCE AND REPAIR SERVICE
LAUNDROMAT
PERSONAL SERVICE ESTABLISHMENT
TOOL/EQUIPMENT RENTAL FACILITY
General service uses.
An establishment providing routine maintenance of buildings.
This term includes, but is not limited to, window washing, building
cleaning, pest extermination or disinfecting service.
An establishment providing services to business establishments
on a fee or contract basis, including, but not limited to, advertising
services, business equipment and furniture sales or rental or protective
services. This term includes, but is not limited to, an employment
agency, photocopy center, commercial photography studio or mailing
service. This term does not include maintenance, repair and office
uses such as accounting, advertising, architectural design, city planning,
environmental analysis, insurance, interior design, investment, landscape
design, law, management consulting, title research and real estate.
An establishment providing the processing, assembly and packaging
of food into servings for consumption off-premises without provision
for on-site pickup or consumption. This term includes, but is not
limited to, the preparation of meals by a catering business or by
a nonprofit organization operating a meal program.
An establishment which launders or dry cleans articles dropped
off on the premises directly by the customer or where articles are
dropped off, sorted and picked up but where laundering or cleaning
is done elsewhere.
An establishment providing services involving the care, preparation
or disposition of human dead. This term includes, but is not limited
to, a crematorium or a mortuary.
An establishment providing the rental or leasing of furniture,
electronics, small appliances, major appliances or other household
items. This term includes incidental storage and maintenance of such
items.
An establishment providing the repair or servicing of household
goods, furniture, appliances or lawn and garden equipment.
An establishment providing washing, and/or drying machines
on the premises for rental use to the general public for laundering
purposes.
An establishment providing services which are of a recurring
and personal nature to individuals. This term includes, but is not
limited to, a barber shop, beauty salon, shoe repair shop, seamstress,
tailor, fortune teller, tanning salon, massage establishment, body
piercing establishment or tattoo establishment. This term does not
include a portrait studio, dry cleaning establishment, laundromat,
photocopy center, health club or repair shop for household items.
An establishment providing the rental of tools, lawn and
garden equipment, party supplies and similar goods and equipment,
including storage and incidental maintenance. This term does not include
a motor vehicle rental facility.
(b)Â
ANIMAL BOARDING FACILITY
ANIMAL GROOMING OR TRAINING FACILITY
ANIMAL HOSPITAL/CLINIC
KENNEL, ANIMAL
Animal services.
An establishment in which more than three dogs or three cats,
or any combination thereof, over the age of five months may be kept
for boarding, breeding, safekeeping, convalescence, humane disposal,
placement, sale or sporting purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An establishment providing bathing, trimming or training
services for domestic animals on a commercial basis.
An establishment providing medical and surgical treatment
of domestic animals, including grooming and boarding for not more
than 30 days if incidental to the medical care. This term also includes
an animal crematorium.
An animal kennel is any premises, or portion thereof, where
dogs, cats and other household pets are maintained, boarded, bred
or cared for in return for remuneration, or are kept for the purpose
of sale.
(5)Â
Motor vehicle uses.
(a)Â
CAR WASH
DRIVE-THROUGH FACILITY
FILLING STATION
General motor vehicle.
An establishment providing washing, waxing or cleaning of
light motor vehicles, including access and queuing lanes.
A facility which is used for dispensing services or products
to customers in motor vehicles. Such facility may include access lanes,
signing, lighting and audio systems. This term does not include a
drive-in theater.
An establishment providing retail sale of fuel for motor
vehicles, but not motor vehicle maintenance or repair work on the
premises. This term includes accessory retail sales, such as convenience
stores and fast food restaurants.
(b)Â
LIGHT MOTOR VEHICLE BODY SHOP
LIGHT MOTOR VEHICLE LIMITED WHOLESALE FACILITY
LIGHT MOTOR VEHICLE RENTAL FACILITY
LIGHT MOTOR VEHICLE REPAIR FACILITY
LIGHT MOTOR VEHICLE SALES FACILITY
Light motor vehicle.
An establishment providing the repair or rebuilding of light
motor vehicle bodies by the replacement, smoothing, sanding or painting
of the exterior surfaces of such vehicles within an enclosed building.
An office for wholesale trade in light motor vehicles where
no more than three vehicles to be sold are stored on the premises.
An establishment where contracts are prepared or reservations
accepted for the rental or leasing of light motor vehicles. This term
includes incidental storage of vehicles, but does not include on-premises
maintenance of vehicles or a tool/equipment rental facility.
An establishment providing the repair or servicing of light
motor vehicles, including the sale, installation and servicing of
related equipment and parts, where all such work is performed within
an enclosed building. This term includes, but is not limited to, the
repair or servicing of batteries, tires, mufflers, brakes, shocks,
transmissions, engines or upholstery. This term includes, but is not
limited to, an auto repair shop, wheel and brake shop, tire sales
and installation, or upholstery shop. This term does not include vehicle
dismantling or salvage, tire re-treading or recapping, or body bumping
and painting.
An establishment providing wholesale and retail sale of light
motor vehicles, including incidental storage and maintenance. This
term does not include a light motor vehicle limited wholesale facility.
(c)Â
HEAVY MOTOR VEHICLE BODY SHOP
HEAVY MOTOR VEHICLE RENTAL FACILITY
HEAVY MOTOR VEHICLE REPAIR FACILITY
HEAVY MOTOR VEHICLE SALES FACILITY
Heavy motor vehicle.
An establishment providing the repair or rebuilding of heavy
motor vehicle bodies by the replacement, smoothing, sanding or painting
of the exterior surfaces of such vehicles within an enclosed building.
An establishment where contracts are prepared or reservations
accepted for the rental or leasing of heavy motor vehicles. This term
includes incidental storage of vehicles, but does not include on-premises
maintenance of vehicles or a tool/equipment rental facility.
An establishment providing the repair or servicing of heavy
motor vehicles, including the sale, installation and servicing of
related equipment and parts, where all such work is performed within
an enclosed building. This term includes, but is not limited to, the
repair or servicing of batteries, tires, mufflers, brakes, shocks,
transmissions, engines or upholstery. This term does not include vehicle
dismantling or salvage, tire retreading or recapping, or body bumping
and painting.
An establishment providing retail sale of heavy motor vehicles,
including incidental storage and maintenance.
(d)Â
PARKING LOT, ACCESSORY USE
PARKING LOT, PRINCIPAL USE
Parking.
Surface parking spaces for five or more light motor vehicles,
adjacent access drives and aisles, where the parking spaces are not
located in a structure and the parking of motor vehicles is not the
principal use of the premises. This term does not include commercial
parking operations, which shall be considered a principal use, or
the parking of heavy motor vehicles.
Surface parking spaces for five or more light motor vehicles,
and adjacent access drives and aisles, where the parking spaces are
not located in a structure and the parking of motor vehicles is the
principal use of the premises. This term includes both commercial
parking operations and private surface parking lots, but does not
include the parking of heavy motor vehicles.
(6)Â
ASSEMBLY HALL
BED-AND-BREAKFAST
HOTEL
RESTAURANT, FAST-FOOD/CARRY-OUT
RESTAURANT, SIT-DOWN
TAVERN
Accommodation and food service uses.
An establishment providing meeting space for social gatherings,
including, but not limited to, wedding receptions, graduation parties
and business or retirement functions. This term includes, but is not
limited to, a banquet hall, rental hall, nonalcoholic social club,
nondenominational chapel or a meeting space for a club or membership
organization. This term does not include a convention center.
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or other transients for
more than 10 nights in a twelve-month period, is the owner's personal
residence, is occupied by the owner at the time of rental, and in
which the only meal served to guests is breakfast.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An establishment in which at least five rooms or units or
at least 70% of the accommodations, whichever is greater, are regularly
used or available for occupancy for periods of less than 30 days or
are available for more than 30 days but are not the primary residences
of the occupants. This classification includes, but is not limited
to, a motor lodge, motel or extended-stay hotel.
A restaurant other than a sit-down restaurant where the manner
of preparation, packaging and serving of food or beverages encourages
their consumption outside the building. This term does not include
a tavern.
An establishments primarily engaged in the retail sale of
prepared food and drinks for consumption on the premises. Caterers
and institutional food service establishments are included. The term
shall not apply to churches, religious, fraternal, youths' or patriotic
organizations, service clubs and civic or union organizations which
occasionally prepare or serve or sell meals to transients or the general
public, nor shall it include any public or private school lunchroom.
This term does not include a tavern.
An establishment providing alcohol beverages by the drink
to the public, where food or packaged alcohol beverages may be served
or sold only as accessory to the primary use. This term does not include
an assembly hall or a recreation facility.
(7)Â
CLUBS and LODGES
CONVENTION AND EXPOSITION CENTER
ENTERTAINMENT ESTABLISHMENT, ADULT
HEALTH CLUB
OUTDOOR RACING FACILITY
SPORTS AND RECREATION FACILITY, INDOOR
SPORTS AND RECREATION FACILITY, OUTDOOR
THEATER
Entertainment and recreation uses.
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. The affairs and management of such "private club or
lodge" are conducted by a board of directors, executive committee
or similar body chosen by the members at their annual meeting. It
shall be permissible to serve food and meals on such premises, provided
adequate dining room space and kitchen facilities are available. Where
properly licensed under existing Village ordinance, the consumption
of intoxicating beverages by members of such club or lodge or their
guests may be permitted.
A commercial facility used for assemblies or meetings of
the members or representatives of groups, including exhibition space.
This term does not include banquet halls, clubs, lodges or other meeting
facilities of private or nonprofit groups that are primarily used
by group members.
An establishment for the conduct of indoor sports and exercise
activities, along with related locker and shower rooms, offices and
classrooms, where use of such establishment is offered on a membership
basis.
An establishment engaged in operating a track for racing,
including, but not limited to, the racing of motor vehicles, dogs
or horses.
A facility for the indoor conduct, viewing or participation
in recreational activities. This term includes, but is not limited
to, an indoor driving range, volleyball court, bowling alley, ice
or roller skating rink, billiard hall, video game center, archery
or shooting range, soccer field or basketball court, but does not
include a "health club" as defined herein.
A facility for the outdoor conduct, viewing or participation
in recreational activities. Such a facility may include one or more
structures. This term includes, but is not limited to, a golf facility,
tennis, basketball or volleyball court, soccer, baseball or football
field, or amusement park or water park.
An establishment or facility for presenting motion pictures or live performances for observation by patrons. This term includes an outdoor stage, band shell or amphitheater, but does not include an adult-oriented establishment, as defined in § 468-1 and licensed under § 468-4 of Fredonia Village ordinances.
(8)Â
MIXED-WASTE PROCESSING FACILITY
RECYCLING COLLECTION FACILITY
STORAGE FACILITY, INDOOR
STORAGE FACILITY, OUTDOOR
WHOLESALE AND DISTRIBUTION FACILITY, INDOOR
WHOLESALE AND DISTRIBUTION FACILITY, OUTDOOR
Storage, recycling and wholesale trade uses.
An establishment engaged in the processing, separating and
sorting of recyclable materials from non-hazardous waste streams or
from commingled consumer recyclable materials, such as paper, plastics,
beverage cans or household metals.
A facility for the deposit, sorting or batching, but not
processing, of post-consumer recyclable materials. This term includes,
but is not limited to, a residential, self-help, drop-off facility
or a transfer station which receives residential solid waste collected
by city forces or deposited by city residents.
An establishment providing indoor storage of materials, vehicles
or goods. This term does not include a hazardous materials storage
facility or an indoor wholesale and distribution facility. This term
includes, but is not limited to, a mini warehouse, self-storage facility,
cold storage, or heated storage.
An establishment providing outdoor storage of materials or
goods. This term does not include a hazardous materials storage facility,
an indoor wholesale and distribution facility or light or heavy motor
vehicle outdoor storage.
An establishment providing indoor storage and sale of factory-direct
merchandise and bulk goods. This term includes, but is not limited
to, mail-order and catalog sales, importing, wholesale or retail sale
of goods received by the establishment, and wholesale distribution,
but does not include sale of goods for individual consumption.
An establishment providing outdoor storage and sale of factory-direct
merchandise and bulk goods. This term includes, but is not limited
to, mail-order and catalog sales, importing, wholesale or retail sale
of goods received by the establishment, and wholesale distribution,
but does not include sale of goods for individual consumption.
(9)Â
AMBULANCE SERVICE
GROUND TRANSPORTATION SERVICE
(a)Â
(b)Â
(c)Â
(d)Â
HELICOPTER LANDING FACILITY
PUBLIC PASSENGER VEHICLE
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
RAILROAD SWITCHING, CLASSIFICATION YARD, OR FREIGHT TERMINAL
TRUCK FREIGHT TERMINAL
Transportation uses.
A privately owned facility for the dispatch, storage and
maintenance of emergency medical care vehicles.
An establishment providing the storage, maintenance or dispatching
of:
"Public passenger vehicles," as defined in this Subsection B(9).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Vehicles licensed or otherwise regulated as human service vehicles
by the State of Wisconsin and used for the transportation of elderly
or handicapped persons.
School buses, as described in § 341.26(2)(d) and (dm),
Wis. Stats.
Tow trucks, as defined in § 340.01(67n), Wis. Stats.
A facility used for the takeoff and landing of helicopters,
including, but not limited to, any heliport, helipad or helistop.
Accessory features such as hangars, parking pads, terminals and service
areas are also part of such a facility.
A vehicle which is used to the transportation of passengers
for hire, including human service vehicle, horse and surrey livery,
limousine, pedicab, motorcycle used for tours, shuttle vehicle and
taxicab. "Public passenger vehicle" does not include:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A vehicle operated on fixed routes pursuant to authority granted
by the county, state or federal government.
A vehicle which is rented to be driven by the renter or an agent.
A vehicle operated solely as a funeral car.
A vehicle used in a carpool operated by private individuals.
A commercial motor vehicle as defined under § 340.01(8),
Wis. Stats., as amended.
A facility for the operation of a line-haul or short-line
freight railroad.
A facility for truck-based freight service and operations,
including, but not limited to, local pickup, local sorting and terminal
operations, line-haul loading and unloading, destination sorting and
terminal operations and local delivery.
(10)Â
CONTRACTOR'S SHOP
CONTRACTOR'S YARD
MANUFACTURING, HEAVY
MANUFACTURING, LIGHT
MANUFACTURING, MEDIUM
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
RESEARCH AND DEVELOPMENT
Industrial uses.
An establishment used for the indoor repair, maintenance
or storage of a contractor's vehicles, equipment or materials, and
may include the contractor's business office.
An establishment used for the outdoor repair, maintenance
or storage of a contractor's vehicles, equipment or materials.
An establishment engaged in manufacturing, assembly, fabrication,
packaging or other industrial processing of products primarily from
extracted or raw materials or the bulk storage and handling of such
products and materials, where such activity involves the use or production
of explosives, highly flammable liquids or gases, or toxic or hazardous
materials or produces toxic, hazardous or noxious odors, fumes or
dust.
An establishment engaged in the indoor manufacturing, assembly,
fabrication, packaging or other industrial processing of finished
parts or products, primarily from previously prepared materials, or
the indoor provision of industrial services, where there are few external
effects across property lines. This term includes, but is not limited
to, a business engaged in the processing, fabrication, assembly, treatment
or packaging of food, textile, leather, wood, paper, chemical, plastic
or metal products, but does not include basic industrial processing
from raw materials.
An establishment engaged in manufacturing, assembly, fabrication,
packaging or other industrial processing of products primarily from
extracted or raw materials or the bulk storage and handling of such
products and materials, or an industrial establishment having potential
to produce noise, dust, glare, odors or vibration beyond its property
line. This term includes, but is not limited to:
Processing and packaging of alcohol beverages.
Chemical manufacturing.
Stonework or concrete product manufacturing.
Fabrication of metal products.
Manufacturing of agricultural, construction or mining machinery.
Motor vehicle manufacturing.
Lumber milling.
Ship or boat construction.
An establishment which conducts research, development or
controlled production of high-technology electronic, industrial, or
scientific products or commodities for sale or laboratories conducting
educational or medical research or testing. This term includes, but
is not limited to, a biotechnology firm or a manufacturer of nontoxic
computer components.
(11)Â
SUBSTATION/DISTRIBUTION EQUIPMENT, INDOOR
(a)Â
(b)Â
SUBSTATION/DISTRIBUTION EQUIPMENT, OUTDOOR
(a)Â
(b)Â
TRANSMISSION TOWER
Utility and public service uses.
A facility, other than a transmission tower and contained
entirely within a building, which performs either of the following
functions:
Aids in the distribution of a utility, including, but not limited
to, electric power or telephone service.
Is used to operate, maintain or provide access to facilities
for the transmission of voice, data, text, internet, sound or full-motion-picture
video between network termination points.
A facility, other than a transmission tower and not contained
entirely within a building, which performs either of the following
functions:
Aids in the distribution of a utility, including, but not limited
to, electric power or telephone service.
Is used to operate, maintain or provide access to facilities
for the transmission of voice, data, text, internet, sound or full-motion-picture
video between network termination points.
A structure designed to support one or more reception/transmissions
systems. This term includes, but is not limited to, a radio tower,
television tower, telephone exchange/microwave relay tower or cellular
telephone transmission/personal communications systems tower.
(12)Â
CONCRETE/BATCH PLANT, TEMPORARY
LIVE ENTERTAINMENT SPECIAL EVENT
SEASONAL MARKET
TEMPORARY REAL ESTATE SALES OFFICE
Temporary uses.
A temporary facility that produces or processes concrete
or asphalt only for use in a particular construction project and only
for the duration of that project.
A concert, carnival, circus, fair or similar event lasting
less than 15 days.
A temporary facility used to conduct retail trade for a period
not exceeding 90 days in a calendar year.
A temporary office, including a manufactured building or
model home, for marketing, sales or rental of residential, commercial
or industrial development for a maximum period of one year from the
date of permit approval.
(13)Â
COMMUNITY LIVING ARRANGEMENT
FAMILY DAY CARE
FOSTER FAMILY HOME
GROUP FOSTER HOME
Miscellaneous uses.
The following facilities licensed or operated or permitted
under the authority of the Wisconsin Statutes: Child welfare agencies
under § 48.60, group foster homes for children under § 48.02(7)
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 applicable sections
of the Wisconsin Statutes, including §§ 46.03(22),
62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin
Administrative Code.
The provision of day care for children for compensation within
a dwelling whether or not licensed by the State, including educational
services so long as the care and services are taking place within
a dwelling.
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.
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.
