City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:
A. 
Singular and Plural. The singular number includes the plural, and the plural the singular;
B. 
Tense. The present tense includes the past and future tenses, and the future the present;
C. 
Shall and May. The word "shall" is mandatory; the word "may" is permissive;
D. 
Gender. The masculine gender includes the feminine and neuter genders;
E. 
Defined Words and Terms. Whenever a word or term defined hereinafter appears in the text of this Ordinance, 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.
F. 
Words Not Defined Herein. Any words not defined in this Division shall be presumed to have their customary dictionary definitions.
G. 
Words "this Ordinance." Shall mean this Unified Development Ordinance of the City of Franklin, Milwaukee County, Wisconsin.
The following abbreviations and symbols are used in this Ordinance and are intended to have the following meanings:
ac
Acre(s).
ADT
Average daily traffic.
BC
Building coverage.
DBH
Diameter at breast height for a tree.
DNR
Wisconsin Department of Natural Resources.
D.U.
Dwelling unit.
FEMA
Federal Emergency Management Agency.
ft.
Foot/feet.
GFAR
Gross floor area ratio.
ISR
Impervious surface ratio.
GD
Gross density.
Hz
Hertz.
LSR
Landscape surface ratio.
max.
Maximum.
min.
Minimum.
ND
Net density.
NFAR
Net floor area ratio.
OSR
Open space ratio.
SEWRPC
Southeastern Wisconsin Regional Planning Commission.
s.f.
Square foot/square feet.
SIC
Standard Industrial Classification.
sq.ft.
Square foot/square feet.
=
Equal.
<
Is less than.
<
Is less than or equal to.
>
Is greater than.
>
Is greater than or equal to.
A ZONES
Areas of potential flooding shown on the City's "Flood Insurance Rate Maps" which would be inundated by the regional flood as defined herein. These numbers may be numbered as A0, 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.
ABANDONMENT
An action to give up one's rights or interests in property.
ABUTTING
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.
ACCESS
A means of vehicular or non-vehicular approach or entry to or exit from property, a street, or highway.
ACCESS, DRYLAND
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.
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.
ACCESSORY STRUCTURE OR USE
An "accessory structure or use" is one which:
a. 
Is subordinate to and serves a principal structure or principal use;
b. 
Is subordinate in area, extent, or purpose to the principal structure or principal use served;
c. 
Contributes to the comfort, convenience, or necessity of occupants of the principal structure or principal use served; and
d. 
Is located on the same zoning lot as the principal structure or principal use served.
An "accessory use" includes, but is not limited to, the following:
a.
A children playhouse, garden house, or private greenhouse;
b.
A garage, shed, or building for domestic storage;
c.
Incinerators incidental to residential use;
d.
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;
e.
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;
f.
Off-street motor car parking areas, and loading and unloading facilities;
g.
Carports;
h.
Signs (other than advertising signs), in conformity with the provisions of an Ordinance known as the Sign Ordinance, heretofore adopted by the City of Franklin and as amended from time to time;
i.
Public utility facilities — telephone, electric, gas, water, and sewer lines, their supports and incidental equipment;
j.
Decks when used as a patio, porch, or platform without any form of enclosing wall or roof structure.
ACREAGE
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.
ACTIVITY, LAND DEVELOPING
For the purposes of Division 15-8.0300, the construction of buildings, roads, utilities, parking lots, paved storage areas and similar facilities.
ACTIVITY, LAND DISTURBING CONSTRUCTION
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 of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications (if less than 2,000 square feet.).
ADJACENT
Nearby, but not necessarily touching or abutting.
ADT
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.
AGRICULTURE
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 § 15-3.0603 of this Ordinance.
AIRPORT
Any area of land or water which is used, or intended for use, for the landing and take-off of aircraft; and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or right-of-way, together with all airport buildings and structures located thereon.
ALLEY
A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.
ALTERATION, STRUCTURAL
Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
AMUSEMENT PARK
An area of land, including the structures thereon, which is devoted to a commercial enterprise open to the public, which provides to patrons multiple amusement attractions which include, but not limited to, amusement rides, games of chance, etc.
ANTENNA, SATELLITE
Any antenna designed to receive broadcasts relayed by signals from earth orbiting communications satellites.
APARTMENT
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.
APARTMENTS, COMMERCIAL
An apartment located above the first floor of a commercial building. (See § 15-3.0703(C) of this Ordinance.)
APPROVING AGENCIES
The Common Council, Plan Commission, the town wherein the plat is located, and each adjoining city or village in whose extraterritorial plat approval jurisdiction of the subdivision lies and any other governmental agency with applicable approval jurisdiction pursuant to Ch. 236, Stats.
AREA EXCEPTION
A special or unique situation excluding a change in use or a use prohibited in a zoning district, which may be authorized by the Board of Zoning and Building Appeals and is specifically set forth in this Ordinance as an area exception (being a "special exception" as those terms are used within § 62.23(7)(e), Stats., and nothwithstanding the definition of "special Exception" otherwise set forth in this Subsection § 15-11.0103 and by that specific definition pertaining only to natural resource regulations) and which may justify the waiver of the regulations applicable to area and dimensional and bulk requirements not involving natural resource regulations and does not necessarily require the demonstration of an unnecessary hardship or practical difficulty. [See Fabyan v. Waukesha County Board of Adjustment, 246 Wis. 2d 851, 632 N.W.2d 116 (Ct. App. 2001)]
ASSISTED LIVING
A combination of housing and maintenance services provided to residents on-site within the same building and in response to the individual needs of residents. Supportive services such as meals, dietary supervision, housekeeping, transportation to shopping and medical appointments, social and recreational activities, educational activities, and security and response systems on-site within the same building to meet resident needs. These services can also include on-site medication management or intermittent health care services from qualified providers located within the same building. Services are furnished in a way that promotes self-direction and participation in decisions that emphasize independence, individuality, and privacy in a residential surrounding.
AUDITORIUM
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 are 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.
AWNING
A root-like cover, temporary in nature, which projects from the wall of a building and overhangs the wall or building.
BASEMENT
A story wholly underground; or 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 centerline, 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 centerline, 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 one-half 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.
BEDROOM
Any room other than a living room, dining room, family room, kitchen, bathroom, or utility room, for the purpose of this Ordinance, 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 Ordinance.
BERTH, LOADING
(See definition of "Loading and Unloading Space, Off-Street.")
BICYCLE PATH
A pathway designed specifically to satisfy the physical requirements of bicycling.
BILLBOARD
Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include bulletin boards used to announce church services, or to display court or other public official notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK
A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.
BOARD OF ZONING AND BUILDING APPEALS
(See definition of "Zoning Board.")
BOARDING HOUSE
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.
BOATHOUSE
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.
BUFFER
(See definition of "Bufferyard.")
BUFFER, SHORE
All of that land area located within 75 feet landward of the ordinary high water mark of all ponds, streams, lakes, and navigable waters (as determined by the Wisconsin Department of Natural Resources) and parallel to that ordinary high water mark, which is to remain undisturbed as a Natural Resource Feature (including undisturbed natural vegetation). Shore buffers do not include any area of land adjacent to any stream enclosed within a drainage structure, such as a pipe or culvert. The area of shore buffers (in square feet and acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan." A shore buffer is also a setback.
BUFFER, WETLAND
All of that land area located within 30 feet landward of a delineated wetland boundary and parallel to that delineated wetland boundary.
BUFFERYARD
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. Bufferyards 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. Bufferyards may be required between zoning districts and/or land uses to eliminate or minimize conflicts between them as set forth in Division 15-3.0300 of this Ordinance.
BUILDABLE AREA
The space remaining on a zoning lot after the minimum space requirements of this Ordinance have been complied with.
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 deck line 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 City of Franklin, Milwaukee 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, 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, DETACHED
A building surrounded by open space on the same zoning lot.
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 non-accessory 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.
BULK
Term used to indicate the size, height, area, density, intensity and location of structures. (See Part 3 of this Ordinance.)
BUSINESS
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.
CALIPER
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.
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.
CARPORT
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 in Division 15-7.0700 of this Ordinance and prepared and recorded as set forth in § 236.34 of the Wisconsin Statutes (also see definition for "Minor Land Division").
CHANNEL
A natural or artificial watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a definite bed and banks which confine the water.
CHANNEL (as related to "FLOODPLAINS")
Those floodplains normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
CHAPTER 980 STATS. SUPERVISED RELEASE AND CRIMES AGAINST CHILDREN SEX OFFENDER USE
An occupancy use of a dwelling unit or a residential use unit pursuant to a plan of the Department of Health and Family Services, a Court order, or as may otherwise result from or be provided for under Chapter 980 of the Wisconsin Statutes, which occupancy use is the supervised release of a sexually violent person (a person having committed a sexually violent offense as those terms are defined in § 167-2. of the Municipal Code) and/or a crimes against children sex offender, or a residential use with or without supervision, by a person now, then or previously a sexually violent person and/or a crimes against children sex offender. A "crimes against children sex offender use" is an occupancy use by an individual who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:
§ 940.225(1) First Degree Sexual Assault;
§ 940.225(2) Second Degree Sexual Assault;
§ 940.225(3) Third Degree Sexual Assault;
§ 940.22(2) Sexual Exploitation by Therapist;
§ 940.30 False Imprisonment-victim was minor and not the offender's child;
§ 940.31 Kidnapping-victim was minor and not the offender's child;
§ 944.01 Rape (prior statute);
§ 944.06 Incest;
§ 944.10 Sexual Intercourse with a Child (prior statute);
§ 944.11 Indecent Behavior with a Child (prior statute);
§ 944.12 Enticing Child for Immoral Purposes (prior statute);
§ 948.02(1) First Degree Sexual Assault of a Child;
§ 948.02(2) Second Degree Sexual Assault of a Child;
§ 948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child;
§ 948.05 Sexual Exploitation of a Child;
§ 948.055 Causing a child to View or Listen to Sexual Activity;
§ 948.06 Incest with a Child;
§ 948.07 Child Enticement;
§ 948.075 Use of a Computer to Facilitate a Child Sex Crime;
§ 948.08 Soliciting a Child for Prostitution;
§ 948.095 Sexual Assault of a Student by School Instructional Staff;
§ 948.11(2)(a) or (am) Exposing Child to Harmful Material-felony sections;
§ 948.12 Possession of Child Pornography;
§ 948.13 Convicted Child Sex Offender Working with Children;
§ 948.30 Abduction of Another's Child;
§ 971.17 Not Guilty by Reason of Mental Disease-of an included offense; and
§ 975.06 Sex Crimes Law Commitment.
CITY ATTORNEY
The City Attorney of the City of Franklin, Milwaukee County, Wisconsin.
CITY CLERK
The City Clerk of the City of Franklin, Milwaukee County, Wisconsin. For application purposes, the term "City Clerk" may include the City Clerk's designee.
CITY PLANNER
The City of Franklin City Planning and Zoning Administrator.
CLASS 2 NOTICE
Publication of a public hearing notice under the provisions of Chapter 985 of the Wisconsin Statutes in a newspaper of circulation in the affected areas. Publication is required on two consecutive weeks, the last at least seven days prior to the public hearing.
CLINIC
(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.
COMBUSTIBLE MATERIALS
(See definition for "Materials, Inflammable.")
COMMISSION, PLAN
The Franklin City Plan Commission, to be consistent with § 62.23(1) of the Wisconsin Statutes creating a City Plan Commission.
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 COUNCIL
The Common Council of the City of Franklin, Milwaukee County, Wisconsin.
COMMUNITY
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, group foster homes for children under § 48.02(7m), and community-based residential facilities under § 50.01; but does not include day care centers, nursing homes, general hospitals, special hospitals, Chapter 980 Stats. supervised release and crimes against children sex offender uses, prisons, and jails. The establishment of a community living arrangement shall be in conformance with §§ 46.03(22), 59.97(15), 62.23(7)(i), and 62.23(7a) of the Wisconsin State Statutes.
COMPREHENSIVE MASTER PLAN
(See definition of "Master Plan")
COMPREHENSIVE PLAN
(See definition of "Master Plan")
CONDOMINIUM
Property subject to a condominium declaration as defined, regulated, and established under Chapter 703 of the Wisconsin Statutes.
CONGREGATE RESIDENCE
Any building or portion thereof which contains facilities for living, sleeping, and sanitation, as required by this Ordinance, 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.
CONSTRUCTION
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.
CONTIGUOUS
In contact with one or more sides.
COURT, OUTER
An open, unoccupied space opening onto a street, alley, or yard.
CUL-DE-SAC
A local street with only one outlet and having an appropriate turn-around for the safe and convenient reversal of traffic movement.
CURB
A vertical or sloping edge of a roadway.
CUT-OFF
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.
CUT-OFF 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.
CUT-OFF 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 10 decibel penalty applied to nighttime (10:00 p.m. to 7:00 a.m.) sound levels.
dBA
The A-weighting scale of sound measurement as expressed in decibels.
DBH
(See definition of "Diameter at Breast Height..")
DECIBEL
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."
DECK
A structure attached to or closely adjacent to any dwelling unit that is:
a. 
Designed and intended for the support of persons;
b. 
Has no permanent or temporary cover or canopy;
c. 
Is constructed on piers and without continuous foundation or footings;
d. 
Is a minimum of eight inches above grade; and
e. 
Is greater than 50 square feet in area.
DEDICATION
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.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.
DEVELOPMENT
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. The following activities or uses shall be taken for the purposes of these regulations to involve "development":
a. 
A reconstruction, alteration of, or material change in the external appearance of a structure on land or water; or
b. 
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
c. 
Alteration of a shore or bank of a pond, river, stream, lake, or other waterway; or
d. 
Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land; or
e. 
Demolition of a structure; or
f. 
Clearing of land as an adjunct of construction, including clearing or removal of vegetation, any significant disturbance of vegetation, or any soil manipulation; or
g. 
Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following operations or uses shall not be taken for the purpose of these regulations to involve "development":
a.
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
b.
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 Ordinance); or
c.
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
d.
The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; or
e.
A change in the ownership or form of ownership of any parcel or structure; or
f.
Work involving the landscaping of a detached dwelling; or
g.
Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other non-natural planting areas; or
h.
Agricultural land uses such as planting, growing, cultivating and harvesting crops; growing and tending gardens; or harvesting trees planted and grown for commercial purposes.
"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 City. 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, public water supply facilities, and public solid waste removal; storm sewers; mass transit facilities; continual street maintenance; curbs, gutters, and sidewalks; street lighting; 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.
DISTRICT, BASIC
A part or parts of the City for which the regulations of this ordinance governing the use and location of land and buildings are uniform (such as the Residential and Nonresidential District Classifications).
DISTRICT, OVERLAY
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.
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 for commercial purposes.
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.
DRIP LINE
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, personal service, or service establishment designed or intended to enable a customer in a motor vehicle parked on or moving through the premises to transact business with a person located outside of the motor vehicle including an establishment or facility that by design of physical facilities or by service or packaging procedures encourages or permits customers to receive a service or obtain a product while staying within a motor vehicle. Such establishments include, but are not necessarily limited to, financial institutions, restaurants, and dry cleaning stores.
DRIVEWAY
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.
DRYLAND ACCESS
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.
DWELLING
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 boarding or lodging houses.
DWELLING GROUP
Two or more one-family, two-family, or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
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.
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.
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, 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.
EASEMENT
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 used to conserve and preserve a natural resource feature that is protected under the provisions of this Ordinance.
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.
EROSION
The detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
The unincorporated area within 1.5 miles of a fourth-class city or a village and within three miles of all other cities. Wherever such statutory extraterritorial powers overlap with those of another city or village, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each community so that not more than one community exercises extraterritorial powers over any area.
FAMILY
A family may consist of a person living alone or any of the following groups living together in a dwelling unit and sharing common living, sleeping, cooking and eating facilities:
1.
Any number of people related by blood, marriage, adoption, guardianship or other duly authorized custodial relationships;
2.
Two unrelated people;
3.
Two unrelated people and any children related to either of them.
A family does not include:
1.
Any society club, fraternity, sorority, association, lodge, combine, federation or other like organization;
2.
Two or more individuals whose association to each other is temporary and/or seasonal in nature;
3.
More than one person determined to be a sexually violent person under Chapter 980, Wisconsin Statutes and/or a crimes against children sex offender as defined within this Ordinance;
4.
Three or more people who are granted a Special Use Permit as a Functional Family Unit, provided that a Special Use Permit for a Functional Family Unit shall be personal to the Functional Family Unit.
FARM
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 § 15-3.0603 of this Ordinance.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance Program.
FENCE
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 section, 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.
FILL, SOLID
Solid fill is earth, clay, soil, ground, stones, rocks, and also broken concrete, if the same does not exceed 18 inches in diameter, cinders (consisting of the residue from the combustion of coal and not less than 1/8 inch in diameter), or any mixture or combination of the foregoing.
FILLING
(See definition of "Fill.").
FINAL PLAT
The final map, drawing or chart on which the Subdivider's plan of subdivision is presented for approval and which, if approved, will be submitted to the Milwaukee County Register of Deeds.
FLOOD
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.
FLOOD PROFILE
A graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the stream bed and other significant natural and man-made features along a stream.
FLOOD PROTECTION ELEVATION
A point two feet above water surface elevation of the one-hundred-year recurrence interval flood. This safety factor, also called "freeboard," is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. Such unknown factors may include ice jams, debris accumulation, wave action, and obstructions of bridge openings.
FLOOD STAGE
The elevation of the floodwater surface above an officially established datum plane, which is either National Geodetic Vertical Datum (NGVD) or Franklin City Datum, as noted on each sheet of the Official Zoning Map or in any of the flood profiles cited in this Ordinance.
FLOOD, REGIONAL
The regional flood is 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.
FLOODPLAIN FRINGE
Those floodplains, outside the floodway, subject to inundation by the one-hundred-year recurrence interval flood. For the purpose of this ordinance, the floodplain fringe includes the Floodplain Conservancy District and the Floodplain Fringe Overlay District.
FLOODPROOFING
Any combination of structural provision, changes or adjustments to properties and structures, water and sanitary facilities, and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.
FLOODWAY
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 less than 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.
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 bufferyard, that lot area may be used instead of the base site area to calculate the lot's development potential. Also see Division 15-3.0500.
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 Division 15-3.0500.
FLOOR AREA, GROSS
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 centerline of party walls separating two buildings. In particular, "gross floor area" shall include:
a. 
Basement space if at least 0.5 of the basement story height is above the established curb or ground level;
b. 
Elevator shafts and stairwells at each floor;
c. 
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;
d. 
Attic floor space where the structural headroom exceeds 7.5 feet;
e. 
Interior balconies and mezzanines;
f. 
Enclosed porches, but not terraces and breezeways;
g. 
Accessory buildings.
FLOOR AREA, GROSS (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.
FOOTCANDLE
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FOREST
(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 of the Wisconsin State Statutes and amendments thereto.
FREEWAY
A major highway having no intersections at grade and having fully controlled access, hence, "free" from conflicts and interruptions.
FREQUENCY
The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONTAGE
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.
FUNCTIONAL FAMILY UNIT
In R-1, R-1E (as applied to this District, "single" dwelling unit shall mean and be such number of dwelling units lawfully existing upon the property), R-2, R-3, R-3E, R-4, R-5 and R-6 single-family residence zoning districts and in R-7 two-family, R-8 general residence, VR Village residence, residential planned development and A-I and A-2 agricultural zoning districts, a functional family unit shall consist of a group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in single family residential neighborhoods. In determining whether or not a group of unrelated individuals is a functional family unit under this definition, the following criteria must be used.
1.
The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit.
2.
The following factors shall be considered in determining whether a functional family exists:
a.
The presence of minor dependent children regularly residing in the household;
b.
Evidence of shared household expenses;
c.
Whether or not different members of the household have the same address for the purposes of voter registrations, drivers' licenses, motor vehicle registrations, summer or other residences and the filing of taxes;
d.
Enrollment of dependent children in local schools and/or home schooled in relation thereto;
e.
Any other evidence reasonably related to whether or not the group or persons have functioned as a family unit as defined in this ordinance.
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, BUS OR TRUCK
A building which is used or intended to be used for the storage of motor buses, trucks, truck trailers, tractors, and commercial vehicles exceeding 1.5 tons capacity.
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 0.5 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.
GAUSS
A measure of magnetic flux density. It is used to compare relative strengths of magnetic fields.
GOLF COURSE
Public, semi-public, or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least 120 acres for each standard 18 hole golf course, 60 acres for each standard nine-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 City Engineer shall establish such street grade or its equivalent for the purpose of this Ordinance.
GROUP FOSTER HOME
Any facility operated by a person required to be licensed by the State of Wisconsin under State Statute § 48.62 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.
GUTTER
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, 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.
HELIPORT
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.
HELISTOP
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.
HERTZ
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 given a multi-colored 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.
HISTORIC STRUCTURE
Any structure that is:
(1)
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3)
Individually listed on a local inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
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 § 15-3.0802 of this Ordinance.)
HOMEOWNERS' ASSOCIATION
A Wisconsin non-profit 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 Ordinance, homeowners' associations include condominium associations.
HOSPITAL
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 boarding homes.
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. A facility rendering surgical and medical treatments to animals, having no limitation to overnight accommodations for such animals. Crematory facilities shall not be allowed in an animal hospital. For the purpose of these regulations, where an animal hospital is permitted, a veterinary clinic or veterinary hospital shall also be permitted.
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 less than 50 guest rooms may have a dining room open to the public which is accessible only from an inner lobby or corridor.
HOTEL-INN
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.
HOUSEHOLDER
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 bufferyard line at six inches above ground level.
IMPACT NOISES
Noises whose peak values are more than 6 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 no 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, decks, 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).
IMPROVEMENT
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 City 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: (a) 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 (b) 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.
INCREASES IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, determined by comparing existing conditions and proposed conditions and which is directly attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients, and discharge.
INSPECTOR
Inspector shall mean the Zoning Administrator, Building Inspector, Code Enforcement Officer of the City and/or the Sanitarian of the City.
INSTITUTION, EDUCATIONAL
Public, private, 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.
IRREVOCABLE LETTER OF CREDIT
An agreement guaranteeing payment for subdivision improvements, entered into by a bank, savings and loan, or other financial institution which is authorized to do business in this State and which has a financial standing acceptable to the City, and which is approved, as to form, by the City Attorney.
JUNK YARD, 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, cast-off, 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, and 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 dogs or cats 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.
KENNELS, BOARDING
For four or more cats or dogs within Animal Hospitals, for remuneration.
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.
LAKE
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.
LAND USE, AGRICULTURAL
For the purposes of Division 15-8.0300, the use of land for planting, growing, cultivating, and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
LAND USE, COMMERCIAL
For the purposes of Division 15-8.0300, the use of land for the retail or wholesale sale of goods or services. Also included will be manufacturing and industrial development.
LAND USER
For the purposes of Division 15-8.0300, any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
LANDMARK
Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the City, state, or nation and which has been designated as a landmark pursuant to the provisions of the City of Franklin Municipal Code.
LANDOWNER
For the purposes of Division 15-8.0300, any person holding title to or having an interest in land.
LANDSCAPE BUFFERYARD
(See definition for "Bufferyard.")
LANDSCAPE PLAN
(See Division 15-7.0301 of this Ordinance.)
LANDSCAPE SURFACE AREA
Surface area of land not covered by any building or impervious surface; impervious surface, and 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.
LANDSCAPING
Living material, such as grass, groundcover, 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.
LATERAL, SANITARY SEWER
Pipes installed for conducting sewage from the street to the structure on a lot or parcel.
LATERAL, WATER
Pipes installed for conducting water from the street to the lot or parcel.
LETTER OF MAP AMENDMENT (LOMA)
An official notification from the Federal Emergency Management Agency stating that a Flood Hazard Boundary Map or Flood Insurance Rate Map has been amended. LOMA's are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground at or above the regional flood elevation (one-hundred-year recurrence interval flood elevation).
LETTER OF MAP REVISION BASED ON FILL (LOMR-F)
An official notification from the Federal Emergency Management Agency indicating that a structure or parcel has been elevated on fill to or above the regional flood elevation and is, therefore, excluded from being located in the floodplain as initially denoted in the City's Flood Hazard Boundary Map or Flood Insurance Rate Map.
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 centerline of the street surface in front of a building or structure, measured at the centerline of such front.
LIMOUSINE
A passenger automobile that has a capacity of 10 or fewer persons, excluding the driver; that has a minimum of five seats behind the driver; and that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route.
[Note: This does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in carpools or van pools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.]
LIMOUSINE SERVICES
Establishments primarily engaged in providing an array of specialty and luxury passenger transportation services via limousine or luxury sedans generally on a reserved basis with a driver.
LIVING AREA, FIRST FLOOR
Lowest story of a dwelling wholly above ground level. For the purpose of calculating minimum living area in a single family or two family dwelling with three or more stories having finished living area, the living area of any two connecting floors wholly above ground level may be combined to achieve minimum first floor living area. Connecting floors means any two stories with an elevation difference of 4.5 feet or less. The first floor living area shall never conform to the definitions 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, and/or unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than 10 feet in width, 35 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.
LODGE, PRIVATE
(See definition of "Club, Private.")
LODGING HOUSE
(See definition of "Rooming House.")
LOT
A parcel of land legally described as a distinct portion or piece of land of record.
LOT AREA
The area contained within the exterior, or peripheral, boundaries or lot lines of a lot excluding street and land under navigable bodies of water.
LOT AREA
The area of a horizontal plane bounded by vertical planes containing the front, side, and rear lot lines. For the purpose of this ordinance, the lot area shall be measured from the base setback line.
LOT COVERAGE
The area of a zoning lot occupied by the principal building or buildings, accessory structure(s) and accessory building(s).
LOT DEPTH
The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
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 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 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, BUS
Any lot or land area used for the storage or layover of passenger buses or motor coaches.
LOT, CORNER
A lot situated at the junction of and abutting on two or more intersecting streets.
LOT, DOUBLE FRONTAGE
A lot, other than a corner lot, with frontage on two parallel or approximately parallel streets, and which is not a corner lot. 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. On a "Double Frontage Lot" both street lines shall be deemed front lot lines.
LOT, FLAG
A lot, typically not meeting minimum frontage requirements and where access to a public street is by a narrow, private access easement, strip of land, or driveway.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
(See definition of "Lot, Double Frontage.")
LOT, ZONING
(See definition of "Zoning Lot.")
LOUNGE
(See definition of "Tavern.")
LUMINAIRE
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 C.F.R. 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.
MANUFACTURING
The making of anything by any agency or process.
MASTER PLAN
A document or series of documents prepared by the City Plan Commission and duly adopted by said Commission setting forth policies for the future development or redevelopment of the City of Franklin pursuant to Chapter 62.23 of the Wisconsin Statutes. The master plan shall also include neighborhood and subarea plans, proposals for future land use, open space, streets and transportation, 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 master plan. The master plan can also be termed the "Comprehensive Plan" and/or "Comprehensive Master Plan."
MATERIALS, INFLAMMABLE
Inflammable and combustible materials shall mean and include 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.
MEASURE, CONSTRUCTION SITE CONTROL
A control measure used to meet the requirements of Division 15-8.0300 of this Ordinance.
MEASURE, CONTROL
For the purposes of Division 15-8.0300, a practice or combination of practices to control erosion and attendant pollution.
MEDICAL HEALTH CENTER
An establishment where patients are admitted for special study and treatment by two or more licensed physicians practicing medicine together and their professional associates.
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 are 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 of 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.
MOTEL
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 City of Franklin, Milwaukee County, Wisconsin.
MUNICIPALITY
An incorporated village or city or an unincorporated town.
NAMEPLATE
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.
NATIONAL MAP ACCURACY STANDARDS
Standards governing the horizontal and vertical accuracy of topographic maps and specifying the means for testing and determining such accuracy, endorsed by all federal agencies having surveying and mapping functions and responsibilities.
NATURAL RESOURCE PROTECTION PLAN
(See Division 15-7.0100 of this Ordinance.)
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, wetlands, shoreland wetlands, and wetland buffers as defined in this Ordinance.
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) & 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 Ordinance.
NON-EARTH MATERIALS
Materials other than earth, clay, soil, ground, stones, and rock.
NONCONFORMING BUILDING
A building or structure, or portion thereof, lawfully existing at the time of the adoption of this Ordinance, which was designed, erected, or structurally altered for a use that does not conform after the passage of this Ordinance 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 Ordinance or amendments hereto, which does not conform after the passage of this Ordinance, or amendments hereto, with the use regulations of this Ordinance.
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.
NURSERY SCHOOL
An institution providing day care for children from four to six years of age.
NURSERY, DAY
A building or portion thereof used for the daytime care of preschool-age children.
NURSING HOME
A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
OBJECTING AGENCIES
The Wisconsin Department of Agriculture, Trade and Consumer Protection; the Wisconsin Department of Transportation; the Wisconsin Department of Natural Resources; the Wisconsin Department of Industry, Labor, and Human Relations and the county planning agency (as defined by § 236.02(a) of the Wisconsin Statutes).
OBSTRUCTION
An obstacle, impediment, or hindrance.
OBSTRUCTION TO FLOOD FLOW
Any development which blocks the conveyance of floodwaters such that this development by itself or in connection with any future similar development will cause an increase in regional flood height.
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).
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).
ODOROUS MATTER
Solid, liquid or gaseous material which produces an olfactory response in a human being.
OFFICE, GENERAL
Any business use conducting clerical and/or professional service activities within a room or group of rooms and generally furnished with desks, tables, file cabinets, computers, phones, communication equipment and/or the like. General office uses may include, but are not limited to: computer work; research; photocopying; filing; over the phone sales; and answering phones or otherwise responding to communications. A minimum of 75% of floor area shall be designated as office space to constitute a general office use. Other uses may include ancillary storage, kitchens; break rooms and other office support spaces. Retail, warehousing and outdoor storage shall be prohibited with a general office use. A general office use includes the addition or relocation on the property of office use, on a legal nonconforming use property, after September 10, 2015, when such office use addition or relocation occupies or shall occupy existing (as of September 10, 2015) building space on the property, which addition or relocation shall not constitute the expansion or enlargement of a legal nonconforming use under Division 15-3.1000 of the Unified Development Ordinance, and which addition or relocation shall be a permitted use. In the event of an aforesaid relocation of office use upon a legal nonconforming use property, the space vacated by such office use within an existing (as of September 10, 2015) building may be otherwise occupied by the legal nonconforming use (if such space is less than 1,000 square feet in area), which occupation of such area shall not constitute the expansion or enlargement of a legal nonconforming use under Division 15-3.1000 the Unified Development Ordinance.
[Added 9-1-2015 by Ord. No. 2015-2187]
OFFICE, HOME
(See definition of "Home Occupation" and § 15-5.0802 of this Ordinance.)
OFFICIAL MAP
That document as described by Chapter 62.23(6) of the Wisconsin Statutes, as amended, which shows the location of streets, highways, parkways, parks, playgrounds, railroad rights-of-way, waterways, and public transit facilities in the City of Franklin.
OFFICIAL ZONING MAP
(See definition of "Zoning Map.")
OPACITY
The degree of opaqueness of a bufferyard, or relative sight screening value, as measured by levels of intensity of bufferyard foliage or other characteristics of the bufferyard including fencing, earthen berms, or walls.
OPEN SALES LOT
Any land used or occupied for the purpose of buying and selling new or second-hand 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 are above the minimum sizes required and the excess lot area is deed restricted to open space uses it may be counted as open space.
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 §§ of this Ordinance.
OPEN SPACE, PUBLIC
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. Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, and parkways but not including streets or dedicated public rights-of-way.
OPTION, DEVELOPMENT
Alternative development types within specific residential zoning districts as set forth in this Ordinance.
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.
OUTLOT
A parcel of land, other than a lot or block, so designated on the plat, but not of standard lot size, which can be either redivided into lots or combined in the future with one or more other adjacent outlots or lots in adjacent subdivisions or minor land divisions in the future for the purpose of creating buildable lots. In addition to the foregoing, an "outlot" may also be any parcel of land depicted upon a plat or certified survey map which has been designated "outlot" as determined necessary by the Common Council to reserve such parcel for a future potential use or as necessary to further the purposes of this Ordinance and such designation as "outlot" shall mean that the designated parcel is unbuildable. An "outlot" designation may be removed by the Common Council upon its determination upon a further division that the reasons for the designation no longer exist or that the purposes of this Ordinance are further served by the removal of such designation.
OWNER
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. For purposes of successive division of a parcel of land by Certified Survey Maps, "owner" shall be taken to include any related person, firm, partnership or corporation, to whom conveyance has been made within two years of application for approval of a Certified Survey Map. "Related" shall mean any natural person related to a transferor by blood or marriage, any person acting in an agency or trust capacity, any partnership in which the transferor is a partner and any corporation in which the transferor is a stockholder, officer or director, or in which related persons are stockholders, officers or directors.
OWNERSHIP, ONE
For the purpose of this Ordinance, lots shall be considered as owned by the same person when they are owned by the same individual or corporation or other single legal entity; 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 joint tenant or tenant in common with another; as 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 or other single legal entity 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.
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.
PEDESTRIANWAY
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.
PERMIT, FILLING
A filling permit to engage in the act of filling on a specified parcel of land.
PERMITTED USE
A use by right which is specifically authorized in a particular zoning district.
PERSON
Includes any natural person, firm, corporation, or partnership.
PLAN COMMISSION
The City of Franklin Plan Commission created by the Common Council pursuant to § 62.23 of the Wisconsin Statutes.
PLAN, CONTROL
A written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirements of this ordinance submitted by the applicant for review and approval.
PLAN, CONTROL
For the purposes of Division 15-8.0300, a graphic and written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirements of this ordinance submitted by the applicant for review and approval by the City Engineer or his authorized representative.
PLAN, DEVELOPMENT
The Milwaukee County Development Plan (including components thereof including park, recreation, open space, and transportation plans) text and all accompanying maps, charts, explanatory material adopted by Milwaukee County pursuant to § 59.97 of the Wisconsin Statutes, and all amendments thereto.
PLAT
The map, drawing, or chart on which the Subdivider's land division or Condominium Developer's condominium is presented to the City of Franklin for approval.
POND
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.
PORCH
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.
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 pursuant to § 236.293 of the Wisconsin Statutes, which constitute a restriction on the use of all private 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.
RAILROAD RIGHT-OF-WAY
A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.
RECREATION LAND, COMMUNITY LEVEL PUBLIC OUTDOOR
An outdoor recreation site serving several neighborhoods and generally containing more open space and natural resource oriented areas than typical "Neighborhood Level Public Outdoor Recreation Land." Active recreational facilities located in such areas can include, but not necessarily be limited to, baseball, softball, tennis, basketball, playground or playfield (which may be associated with a middle or high school), picnicking, swimming, recreational trails, and passive activity areas, etc. Such recreational land typically serves an area with a radius of from about two to 10 miles and provides sufficient useable land area per capita to meet the standards set forth in § 15-5.0110 of this Ordinance. The size of such areas typically ranges from 25 to 99 acres in area.
RECREATION LAND, NEIGHBORHOOD LEVEL PUBLIC OUTDOOR
An outdoor recreation site serving a single neighborhood and generally containing less open space and natural resource oriented areas than typical "Community Level Public Outdoor Recreation Land." Active recreational facilities located in such areas can include, but not necessarily be limited to, baseball, softball, tennis, basketball, playground or playfield (which may be associated with an elementary school), picnicking, ice skating area, recreational trails, and passive activity areas, etc. Such recreational land typically serves an area with a radius of from about 0.5 to two miles and provides sufficient useable land area per capita to meet the standards set forth in § 15-5.0110 of this Ordinance. The size of such areas are typically less than 25 acres in area.
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
Milwaukee County Register of Deeds.
REPLAT
The process of changing, or the map or plat which changes, the boundaries of a recorded Subdivision Plat, Certified Survey Map, or part thereof. The division of a large block, lot or outlot within a recorded Subdivision Plat or Certified Survey Map without changing the exterior boundaries of said block, lot, or outlot is not a replat.
RESIDENTIAL HOUSING FOR OLDER PERSONS
Residential housing:
1.
Provided under any State or Federal program that the U.S. Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program; or
2.
Intended for, and solely occupied by, persons 62 years of age or older; or
3.
Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this definition, the following factors shall be applied:
a.
The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
b.
That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and
c.
The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
4.
Residential housing for older persons includes traditional residential facilities for the elderly as well as assisted living. Such housing is a part of a facility within which residents, with or without minor physical disabilities, live, cook, dine, and recreate and may avail themselves of medical and other services.
REST HOME
(See definition of "Nursing Home.")
RESTAURANT
Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunch room, tearoom, and dining room; and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RESTAURANT, FAST FOOD
An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption as follows:
a. 
Within the restaurant building;
b. 
Within a motor vehicle parked on the premises; or
c. 
Off the premises as either carry-out orders or orders using a drive through facility.
The principal method of operation includes the serving of food and/or beverages in paper, plastic, or other disposable containers.
RINGELMANN CHART
A chart which is described in the U. S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of gray 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.
ROOFLINE
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.
RUNOFF
The rainfall, snowmelt, discharge pumping, or irrigation water flowing over the ground surface.
RURAL AREA
Those areas of the City of Franklin not within a delineated 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.
SANITARIUM
(See definition of "Hospital.")
SEAT
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 the public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services, whether installed underground, at the surface, above ground, or overhead, include installations for gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communications; and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, inlets, manholes, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings. Essential Services include governmental emergency notification systems, including, but not limited to, outdoor warning siren systems, whether installed upon or within buildings, or upon outdoor poles or other support structures. Essential services also includes the removal of any obstruction, vegetative or otherwise, within or adjacent to a stream, watercourse, drainageway, channel, ditch, swale or the like, artificial or natural, or within or adjacent to a natural resource feature supporting surface water drainage, which obstruction impedes the natural or intended drainage of such feature or facility, so as to cause or precipitate flooding, provided that such removal is performed by or under the direction of a governmental agency, or upon private property by the owner of the property, after obtaining all necessary governmental permits. In the case of an emergency which endangers persons or property, including but not limited to storm damage, essential services shall also include the removal of dead or damaged vegetation presenting such danger which is located within a natural resource, provided that such removal is performed by or under the direction of a governmental agency, or upon private property by the owner of the property, after obtaining all necessary governmental permits.
SETBACK
The minimum required horizontal distance by which any building or structure shall be separated from a lot line, measured along a straight line and at a right angle to such lot line, and the nearest point of a building or structure; and the minimum required horizontal distance by which any building, structure, or development shall be separated from a natural resource (inclusive of any required or mitigated shore buffer or wetland buffer), measured along a straight line and at a right angle to such natural resource, and the nearest point of a building, structure, or development (excluding stormwater management facilities, stormwater quality ponds, and drainage structures such as a pipe or culvert as allowed to be located within that portion of a wetland setback located outside of a wetland buffer under the provisions of § 15-4.0102I. of the Unified Development Ordinance and excluding structural support(s) consisting of piers and/or abutments for bridges allowed to be placed within shore buffers and wetland buffers and setbacks provided that areas of disturbance of natural resource features to provide for said structural supports shall be restored to the restoration standards of § 15-4.0102I. of this Ordinance and pursuant to the requirements of Table 15-4.0100 of this Ordinance.)
SETBACK LINE, BASE
The ultimate street line as established by the Master Plan of the City, or component thereof, and/or a highway width ordinance of Milwaukee County or by an Official Map of the City. On all such streets the base setback line shall be located at a distance from the centerline equal to 1.5 of such established width. On all other streets, the base setback line shall be 30 feet from the centerline of such street or 60 feet from the centerpoint of a cul-de-sac, unless specifically designated otherwise by the Common Council of the City. The base setback line of frontage roads shall be located at a distance from the centerline equal to one-half of the right-of-way of said frontage road. All setback lines shall be parallel to and measured at right angles to the centerline 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 Ordinance.
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.
SHORE BUFFER
(See definition of "Buffer, Shore.")
SHORELAND
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 City of Franklin Zoning Map; whichever distance is greater. Shorelands shall not include those adjacent to farm drainage ditches where: (a) such lands are not adjacent to navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were not navigable before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.
SIC
Standard Industrial Classification from the 1987 (or latest edition) manual published by the Executive Office of the President, Office of Management and Budget.
SIDEWALK
A paved path provided for pedestrian use and usually located at the side of a road within a public street right-of-way but physically separated by distance from the road pavement.
SITE
For the purposes of Division 15-8.0300, the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the Construction Site Erosion Control Permit application.
SITE AREA, BASE
(See Division 15-3.0500 of this Ordinance.)
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 Division 15-3.0500 of this Ordinance).
SITE PLAN
(See Division 15-7.0200 of this Ordinance.)
SITE, LANDMARK
Any parcel of land of historic significance due to substantial value in tracing the history of aboriginal man, or upon which a historic event has occurred, and, which has been designated as a landmark site under the provisions of the City of Franklin Municipal Code, or a parcel of land, or part thereof, on which is situated a landmark and any abutting parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated.
SKETCH PLAN
(See Division 15-7.0400 of this Ordinance.)
SLOPE
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 Ordinance. 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. Steep slopes exclude man-made steep slopes.
SMOKE
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.
SOIL MAPPING UNIT LINES
The boundaries of soils shown on the operational soil survey maps prepared by the United States Department of Agriculture, Soil Conservation Service for the Southeastern Wisconsin Regional Planning Commission published in the Soil Survey of Milwaukee and Waukesha Counties dated July 1971.
SOUND LEVEL METER
An instrument standardized by the American Standards Association for measurement of intensity of sound.
SPECIAL EXCEPTION
A special or unique situation involving a shore buffer, navigable water-related feature, wetland, wetland buffer, and wetland setback and natural resource feature improvement or enhancement, which may be authorized by the Common Council and is specifically set forth in this Ordinance as a special exception and which may justify the waiver of the regulations applicable to streams, shore buffers, navigable water-related feature, wetland, wetland buffers, and wetland setbacks and does not necessarily require the demonstration of an unnecessary hardship or practical difficulty. [See Fabyn v. Waukesha County Board of Adjustment, 246 Wis. 2d 851, 632 N.W.2d 116 (Ct. App. 2001)]
SPECIAL USE
A use permitted by special zoning certificate in accordance with the provisions of this Ordinance.
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.
STACKING REQUIREMENTS
For the purpose of this Ordinance, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.
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.
STANDARDS AND SPECIFICATIONS FOR DEVELOPMENT
The set of standards and specifications which the City uses, and has established as public policy, for the installation of improvements as set forth in this Ordinance. Said "Standards and Specifications for Development" shall be in printed form and shall consist of the City of Franklin Land Development Handbook as amended and any other additional standards, specifications, and design guidelines which the City may use.
STORY
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. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
STORY, HALF
A half story is 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.
STREAM
A course of running water, either perennial or intermittent, flowing in a channel.
STREAM, INTERMITTENT
A stream that flows only after rainfall or snow melt and therefore, is dry most of the year.
STREAM, PERENNIAL
A stream that flows throughout most (that is, greater than 50%) of the year.
STREET
A public way, other than an alley, which affords a primary means of access to abutting property.
STREET LINE
A line separating a lot, piece, or parcel of land from a street.
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 city-designated "arterial street" in the adopted City of Franklin Comprehensive Master 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, 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.
STREETSCAPE
Those features of either the man-made or natural environment which abut, face, or are a part of a public street right-of-way including landscaping (materials and plants), street furniture, building facades, and utilities and facilities which are visible to the public such as fire hydrants, storm sewer grates, sidewalk and street paving, etc.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, and girders.
STRUCTURE
Anything constructed or erected which requires location on the ground, including a fence or free-standing 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 Ordinance 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.
SUBDIVIDER
Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor land division (Certified Survey Map) or replat.
SUBDIVIDER'S AGREEMENT
An agreement by which the City and the Subdivider agree in reasonable detail as to all of those matters which the provisions of these regulations permit to be covered by the Subdivider's Agreement and which shall not come into effect unless and until an Irrevocable Letter of Credit or other appropriate surety has been issued to the City.
SUBDIVISION
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 1.5 acres each or less in area; or where the act of division creates five or more parcels or building sites of 1.5 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 Division 15-3.0200 of this Ordinance for an "Open Space Subdivision."
SUBDIVISION, GRID TYPE
A residential subdivision located within the VR District which is characterized by the dominant design feature of the streets, blocks, and lots laid out in a rectilinear fashion with most street rights-of-way lines meeting at 90° angles and with no curvature and generally with lots characterized by parallel front and rear lot lines and parallel side lot lines. (Also see the requirements of Division 15-3.0200 of this Ordinance for the VR District)
SUBDIVISION, OPEN SPACE
A residential subdivision which provides a designated amount of open space as set forth under the requirements of Division 15-3.0200 and § 15-3.0702(A) of this Ordinance.
SUBGRADE
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 by the Subdivider.
TAVERN
A building where liquors are sold to be consumed on the premises, but not including restaurants, where the principal business is serving food.
TEMPORARY
A use of a structure, trailer or property for a limited period, for a specific purpose that is not the permanent use of the property. Any temporary facility or use shall be removed at the cessation of the occurrence of the property causing the temporary use.
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.
THEATER
(See definition of "Auditorium.")
TOURIST COURT
(See definition of "Motel.")
TOURIST HOME
A dwelling in which accommodations are provided or offered for transient guests.
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.
TRAILER
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 City 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.
TREE
Any self-supporting, woody plant together with its root system, growing upon the earth usually with one trunk, or a multi-stemmed 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. These trees are often referred to as shade trees.
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 trees.
TRIP
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.")
UNDISTURBED
As the term is used within Part 4 of this Ordinance, "undisturbed" means an area of land not subjected to the removal of vegetative cover and/or earthmoving activities, including filling.
URBAN AREA
A delineated sanitary sewer service area in conformance with an adopted areawide water quality management plan.
USE
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.")
USE, PRINCIPAL
The main use of land or buildings as distinguished from a subordinate or accessory 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 Unified Development Ordinance which may be granted only as 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.")
VIBRATION
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.
WATERCOURSE
A permanent or intermittent stream channel.
WETLAND
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 SETBACK
All of that landward land area defined by the minimum required horizontal setback distance of 50 feet from a delineated wetland boundary, and a line parallel thereto. The wetland setback is inclusive of any required wetland buffer area. (Also see § 15-4.0102J. of the Unified Development Ordinance.)
WETLAND, SHORELAND
A wetland, as defined by this Ordinance, 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 Chapter 227 of the Wisconsin Statutes, 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 planted and 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 planted and grown for commercial purposes shall be considered a young woodland.
YARD
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 ordinance, 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.
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 between the point of the one-hundred-year recurrence interval floodplain or ordinary high water mark of a pond, stream or lake; or a wetland nearest the principal structure and the principal structure nearest the one-hundred-year recurrence interval floodplain or high water mark of a pond, stream or lake, or a wetland.
YARD, SIDE
A yard extending along a side lot line from the front yard to the rear yard.
ZONING ADMINISTRATOR
The Zoning Administrator of the City of Franklin, Milwaukee County, Wisconsin or a designee as may be authorized by the Common Council.
ZONING BOARD
Reference to "Zoning Board" shall refer to the Board of Zoning and Building Appeals of Franklin, Wisconsin.
ZONING BOARD OF APPEALS
(See definition of "Zoning Board.")
ZONING COMPLIANCE PERMIT
The permit required by this Ordinance 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 Ordinance.
ZONING DISTRICT
As defined by the City of Franklin Unified Development Ordinance 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 Ordinance as a part hereof, designating and delineating boundaries of zoning districts.