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Village of Whitefish Bay, WI
Milwaukee County
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[Amended by Ord. No. 1718; Ord. No. 1723; 8-14-2017 by Ord. No. 1832]
Certain words in this chapter are defined for the purposes thereof as follows:
ACCESSORY USE OR BUILDING
A use or building customarily incident to and located on the same lot with another principal use or building.
APARTMENT
A room or suite of rooms in an apartment or mixed-use building, which room or suite is arranged, intended or designed to be occupied as a residence of a family.
APARTMENT STORY
A floor or story of a mixed-use building used for one or more apartments.
APPROVED DRIVEWAY
A path for vehicles leading from a garage or parking space to a public street or alley or private road, constructed of materials specified herein.
BUILDING
Any structure built for the support, shelter, or enclosure of persons, animals, or personal property.
BUILDING HEIGHT
The vertical distance measured at the center line of its principal front from the established grade or from the natural grade, if higher than the established grade, to the level of the highest point in the coping of flat roofs or the deck line of a mansard roof, or to the mean height of the highest gable of a pitched roof, or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building. The level of the highest point of the building excludes roofscape features.
BUILDING SITE
Any lot or parcel of land which complies with the minimum requirements of this chapter for the erection of a building thereon.
BUILDING, APARTMENT
A building other than a mixed-use building used entirely or in part as a residence by more than two households independently of each other.
BUILDING, COMMERCIAL
A building used entirely for retail stores, shops, sales offices or sample rooms and accessory uses.
BUILDING, FRONT LINE OF A
The point or line nearest the front lot line, measured from the most exterior or forward of any permanent structural element of, or appurtenant to, any structure including finish siding material. Not included in said measurements shall be uncovered porches, steps, decks, or platforms, no part of which is more than three feet above the natural grade of the lot nor more than seven feet forward of the furthest exterior or forward wall of the foundation. Also not included are bay windows, overhangs, cantilevers, eaves, sills or similar projections which extend no more than two feet forward of the furthest exterior or forward wall of the foundation and comprise no more than 20% of the total frontal facade area (excluding roofs); or of the concrete slab under, or lateral support of, a garage, covered porch, or accessory building.
BUILDING, MIXED-USE
A building using all or part of the first or ground floor for business purposes and any part of the other floors for apartment, residence or office purposes.
BUILDING, REAR LINE OF A
The point or line nearest the rear lot line (opposite the front setback as shown on the front setback map), measured from the most exterior or rearward of any permanent structural element of, or appurtenant to, any structure including finish siding material. Not included in said measurements shall be uncovered porches, steps, decks, or platforms, no part of which is more than three feet above the natural grade of the lot nor more than seven feet forward of the furthest exterior or forward wall of the foundation. Also not included are bay windows, overhangs, cantilevers, eaves, sills, or similar projections which extend no more than two feet rearward of the furthest exterior or rearward wall of the foundation and comprise no more than 20% of total rear facade area (excluding roofs); or of the concrete slab under, or lateral support of, a garage, covered porch, or accessory building.
BUILDING, SIDE LINE OF A
The point or line nearest the side lot line, measured from the most exterior or sideward of any permanent structural element of, or appurtenant to, any structure including finish siding material. Not included in said measurements shall be uncovered porches, steps, or platforms, no part of which is more than three feet above the natural grade of the lot. Also not included are eaves and gutters which extend no more than 1 1/2 feet from the furthest exterior or sideward wall of the foundation; or the concrete slab under, or lateral support of, a garage, covered porch, or accessory building.
CARPORT
An accessory building designed and used primarily for the storage or keeping of passenger automobiles but which may also be used for the keeping of personal property customarily and ordinarily owned and used by the occupants of the particular zoning district in which the premises lies, which is not completely enclosed by walls, windows, doors and roof.
COURT, INNER
An open, unoccupied space on the same lot with a building and enclosed on all sides by walls of such building.
COURT, INNER LOT LINE
An open, unoccupied space, other than a yard, on the same lot with a building, bounded on all except one side by the walls of such building and on the remaining side by a lot line.
COURT, OUTER
An open, unoccupied space, other than a yard, on the same lot with a building, enclosed on all except one side by walls of such building and extending to either the street, alley or to the front or rear yard.
DOUBLE HOUSE
Two attached single-family dwellings, each of which conforms to the requirements for a single-family dwelling.
DUPLEX
A detached or semidetached building arranged, intended or designed as a dwelling to be occupied by two families in divided living spaces.
DWELLING
A detached or semidetached building having accommodations for and occupied by not more than two families.
DWELLING, SINGLE-FAMILY
A dwelling arranged, intended or designed to be occupied by a single family.
ESTABLISHED GRADE
The elevation of the street curb as fixed by ordinance.
FAMILY
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
A. 
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that three or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
(1) 
The group shares the entire dwelling unit.
(2) 
The group lives and cooks together as a single housekeeping unit.
(3) 
The group shares expenses for food, rent, utilities or other household expenses.
(4) 
The group is permanent and stable and not transient or temporary in nature.
(5) 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
B. 
This definition is not intended to prohibit group homes or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the State Department of Health Services or the State Department of Children and Families or other state department or agency.
GARAGE
An accessory building designed and used primarily for the storage or keeping of passenger automobiles but which may also be used for the keeping of personal property customarily and ordinarily owned and used by the occupant of the particular zoning district in which the premises lies, which is completely enclosed by walls, windows, doors and roof.
GARAGE, ATTACHED
A garage that is substantially attached to the principal building on a lot. "Substantially attached" includes connection by contiguous heated and improved space. The following shall apply:
A. 
An attached garage must provide access to the dwelling from inside the garage at the first floor level;
B. 
If there is improved space above or below the garage, additional access to the dwelling must be provided at that level; and
C. 
The heating system must be capable of maintaining heat of at least 70° F. in the improved space.
IMPROVED SPACE IN AN ACCESSORY BUILDING OR STRUCTURE
Any area, other than that for vehicular parking or unheated storage, with finished walls, finished ceiling and electrical outlets or fixtures.
LOT
A parcel of land in single ownership occupied or designed to be occupied by one principal building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such buildings.
LOT AREA
The area of any lot exclusive of abutting streets, alleys or other public grounds.
LOT AREA, TOP LAND
The lot area of that part of any lot in District 1 which lies westerly from the top of the bluff which roughly parallels the shore of Lake Michigan.
LOT, CORNER
A lot or portion of a lot at the junction of and fronting on two intersecting streets.
LOT, INTERIOR
A lot other than a corner lot.
NATURAL GRADE
The elevation of the surface of the lot adjoining the building.
NONCONFORMING USE
Any use of a building or premises which does not conform with the regulations imposed by this chapter for the district in which such building or premises is situated.
PARK, PARKING or PARKED
To leave or the leaving of a vehicle in a certain place habitually but temporarily.
PARKING SPACE, APPROVED
An area used for the parking of a vehicle constructed of materials specified herein.
PRINCIPAL USE OR BUILDING
A use or building in which the principal activities of the lot are conducted or located, as distinguished from an accessory use or building.
PRIVATE ROAD
A roadway for vehicular traffic not in public ownership.
PUBLIC STREET OR ALLEY
The paved surface area of the public way designed for vehicular traffic.
PUBLIC WAY
The right-of-way dedicated for public use, including street, parkway and sidewalk areas between property line.
ROOFSCAPE
Those outdoor features constructed or present above a portion a building, which may include mechanical equipment, furniture, and landscaping features. A roofscape is an environment present on the roof of a building that may contain sustainable features to harvest stormwater or an occupiable environment for residents, visitors, and customers.
STREET LINE
The dividing line between the street and the lot.
VEHICLE
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, and shall include boats or mobile homes.
YARD, DEPTH OF REAR
The minimum distance between the rear line of the building other than a building for an accessory use and the rear lot line.
YARD, FRONT
An open uncovered space on the same lot with the building between the front lot line and the front line of the building, extending the full width of the lot.
YARD, LENGTH OF THE FRONT
The minimum distance between the front line of the building and the street lot line.
YARD, REAR
An open, uncovered space, on the same lot with a building, between the rear lot line and the rear line of the building, extending the full width of the lot perpendicular to the side lot lines. Detached accessory buildings may be placed in the rear yard. Air-conditioning equipment may be placed in the area created by a building ell which projects toward the rear lot line of a one- or two-family dwelling, where the distance from the sideline of the main building to the side of the ell is six feet or more.
YARD, SIDE
An open uncovered space on the same lot with a building or an accessory building between the side lot line and the building or accessory building, extending from the front line of the building to the rear line of the building.
YARD, WIDTH OF A SIDE
The minimum distance between the side line of the building, other than an accessory building, and the side lot line.