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Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory.
As used in this chapter, the following terms shall have the meanings indicated:
A ZONES
Areas of potential flooding, shown on the Village's Flood Insurance Rate Map, which would be inundated by the regional flood as defined herein. These numbers are AO, A1 to A99 or are 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.
ACCESSORY BUILDING
A detached structure, including, but not limited to, a yard maintenance or storage building, subordinate to the principal use of a structure or land and located on the same lot or parcel and serving a purpose that is customarily incidental to the principal use of the land or the principal structure.
ACCESSORY USE
A use subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
ACRE, NET
A quantity of land containing 160 square rods, 4,840 square yards or 43,560 square feet of land, in whatever shape, but which does not include land dedicated for purposes of a public right-of-way (including, but not limited to, a public street).
ADULT BOOKSTORE
An establishment having as a substantial portion of its stock-in-trade for sale, rent, lease, inspection or viewing books, films, videocassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, as defined below, and, in conjunction therewith, having facilities for the presentation of adult entertainment, as defined below, including adult-oriented films, movies or live performances, for observation by patrons therein.
ADULT CABARET
A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion pictures, live performance, display or dance of any type which has, as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, as defined below, appearing unclothed or the removal of articles of clothing to reveal specified anatomical areas.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of fewer than 50 persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, but is not limited to, adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters or adult cabarets and further means any premises to which public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purposes of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. Adult-oriented establishment further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
ARCHITECTURAL SCREENING DEVICE
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
ARTERIAL STREET
A public street or highway used or intended to be used primarily for through traffic. Arterial streets and highways shall include freeways and expressways as well as parkways.
BACKSTOP
A fence, wire screen or net intended to stop a ball from going too far, as in baseball or tennis. Because of their function, backstops are usually greater in height than other fences provided for in this chapter.
BASEMENT
That portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.
BLIGHTING INFLUENCE
A condition having an adverse effect on the health, safety, welfare or economic value of surrounding properties or the Village of Elm Grove in general or which endangers life and property by fire or other causes.
BUFFER YARD
A minimum offset area between any building, off-street parking or landing space and any residential district which shall serve to buffer, protect, screen and/or shield residential property from adjacent land which allows a use which might have a negative impact on the protected property.
BUILDING
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
BUILDING, ACCESSORY
See "accessory building."
BUILDING AREA
The total area bounded by the exterior walls of the principal structures and all accessory structures on a parcel.
BUILDING HEIGHT
The distance measured from the grade line or ground elevation at its lowest intersect with the building foundation on the side of the structure where the principal entrance is located to the highest point of the structure.
[Amended 9-10-2001]
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BUILDING, YARD MAINTENANCE
A detached structure used for the storage of garden and cultivating tools, lawn mowers, snow blowers, yard maintenance equipment and similar tools and supplies.
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.
BUSINESS CENTER
A unified development in single or common ownership or control which includes two or more establishments with a common or separate entrances in a building or buildings of integrated and harmonious design, together with adequate and properly arranged traffic, parking and landscape facilities.
BUSINESS SITE
A property and/or structure in single or common ownership or control on which one or more business establishments are located with one main common entrance.
CARPORT
A shelter that has open sides for the storage of cars and that is directly attached to the side of a principal dwelling structure.
[Added 12-15-2014]
CHANNEL
Those floodlands normally occupied by a stream, lake bed or other body of water under average annual high-water flow conditions while confined within generally well-established banks.
COLLECTOR STREET
A street which collects traffic from local streets and conveys it to arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
COMMUNICATION FACILITIES
Transmitting towers, receiving towers, cellular tower facilities, relay facilities and microwave stations.
COMMUNITY-BASED RESIDENTIAL FACILITY (CBRF)
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September 28, 2011, except that as amended herein. It is a State of Wisconsin licensed care facility where five or more adults who are not related to the operator or administrator and who do not require care above intermediate-level nursing care reside and receive care, treatment or services that are above the level of room and board but that include no more than three hours of nursing care per week per resident or additional hours as authorized under Wisconsin Statutes § 50.035(10). Services such as a commercial kitchen, recreational activities, financial services, general store, transportation, and health and beauty services which may be services available to a resident of the CBRF and are not expressly open to the public shall not be considered as a separate use within the I-1 Zoning District but may only be allowed if each service is specifically approved as a part of the conditional use by the Village Board. “Community-based residential facility" does not include any of the following:
[Added 11-22-2011]
A. 
A convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order.
B. 
A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in Wisconsin Statutes § 49.165(1)(a), and their children.
C. 
A shelter facility as defined in Wisconsin Statutes § 16.308(1)(d).
D. 
place that provides lodging for individuals and in which all of the following conditions are met:
(1) 
Each lodged individual is able to exit the place under emergency conditions without the assistance of another individual; and
(2) 
No lodged individual receives from the owner, manager or operator of the place or the owner's, manager's or operator's agent or employee any of the following:
(a) 
Personal care, supervision or treatment, or management, control or supervision of prescription medications; or
(b) 
Care or services other than board, information, referral, advocacy or job guidance; location and coordination of social services by an agency that is not affiliated with the owner, manager or operator, for which arrangements were made for an individual before he or she lodged in the place; or, in the case of an emergency, arrangement for the provision of health care or social services by an agency that is not affiliated with the owner, manager or operator.
E. 
An adult family home.
F. 
A residential care apartment complex.
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination as a principal use in a district.
DECORATIVE FENCE
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to building, other structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.
DISTRICT, BASIC
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the Residential, Commercial and Industrial District classifications).
DISTRICT, OVERLAY
Provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. Unless otherwise provided, in the instance of conflicting requirements, the stricter of the conflicting requirements shall apply.
DRIVE-IN RESTAURANT
An establishment used for the sale, dispensing or serving of food, refreshments or beverages in or on disposable plates and cups; including those establishments where customers may serve themselves and may eat and drink the food, refreshments and beverages on or off the premises.
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 designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING, EFFICIENCY
A dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILY
A residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family.
DWELLING, SPLIT-LEVEL
A multi-level dwelling with one or more levels above grade, and one level half above grade and half below grade. A portion of the lower level is commonly devoted to utility functions, such as the home heating system and the laundry. The lowest level may or may not have exterior access. A split-level dwelling may also be called a "bi-level" or "tri-level" dwelling.
DWELLING, TWO-FAMILY
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
DWELLING UNIT
A group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.
ENCROACHMENT
Any fill, structure, building, use or development in the floodway.
ESSENTIAL SERVICES
Services provided by public and private utilities that are necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead transmission lines and service connections for gas, electrical, steam, water, sanitary sewerage, storm water drainage and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings, communication transmission towers, wireless equipment communication towers, radio and television towers or other similar communication facilities unrelated to providing direct service connections to individual residences or businesses.
FAMILY
The body of persons related by blood, marriage or adoption, or not more than four unrelated persons who live together in one dwelling unit as a single housekeeping entity.
FENCE
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
FLEA MARKET
Any premises where the principal use is the sale of new or used household goods, personal effects, tools, art work, small household appliances and similar merchandise, equipment and objects, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. Flea markets may be conducted within a structure or in the open air. Rummage sales and garage sales are not considered to be flea markets.
FLOOD
A temporary rise in streamflow 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 or 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.
FLOODLANDS
All lands contained in the regional flood or one-hundred-year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into the Floodway Overlay District and the Floodland Fringe Overlay District.
FLOODPLAIN FRINGE
Those floodlands, outside the floodway, subject to inundation by the one-hundred-year recurrence interval flood. For the purpose of this chapter, the floodplain fringe includes the Floodland Fringe Overlay District.
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.
FLOODPROOFING
Measures designed to prevent and reduce flood damage for those uses which cannot be removed from or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials to operation and management safeguards, such as the following: reinforcement of basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction, erection of permanent watertight bulkheads, shutters and doors; treatment of exposed timbers; elevation of flood vulnerable utilities; use of waterproof cement; provision of adequate fuse protection; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; installation of seal-tight windows and doors; installation of wire-reinforced glass; relocation and elevation of valuable items; waterproofing, disconnecting, elevation or removal of all electric equipment; avoidance of the use of flood-vulnerable areas; temporary removal or waterproofing of merchandise; operation of emergency pump equipment; closing of backwater sewer valve; placement of plugs and flood drain pipes; placement of movable watertight bulkheads; erection of sandbag levees; and shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point two feet above the elevation of the regional flood. Any structure that is located entirely or partially below the flood protection elevation shall be anchored to protect it from larger floods.
FLOOD PROTECTION ELEVATION
A point two feet above the 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.
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 0.01 foot unless special legal measures are provided. The floodway, which includes 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
The square feet of floor area within the total interior usable space, including the total of all usable space on all floors of a building. Floor area does not include porches; parking/storage garages; hallways; noncustomer storage; restrooms and other common areas; or space in a basement or cellar when said space is used only for storage or incidental uses.
[Amended 10-24-2006]
FLOOR AREA, NET
The horizontal area of a floor or several floors of a building or structure, excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as storage areas or stairwells, measured from the exterior faces of exterior or interior walls.
FLOOR AREA RATIO (OR F.A.R.)
Used to indicate the total floor area of buildings allowed on a given lot, expressed as a percentage ratio to the total area of the lot; i.e., an F.A.R. of 100% allows a floor area equal to the lot, an F.A.R. of 0.50 allows a floor area of 1/2 the total area of the lot, etc. A floor area ratio of 0.50 could be applied to a one-story building occupying 50% of the lot or a two-story building occupying 25% of the lot.
FOOTCANDLE
A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
FRONTAGE
The smallest dimension of a lot abutting a public street measured along the street line.
FRONT BUILDING LINE
A line parallel to the street right-of-way line at any story level of the building's primary facade and representing the minimum distance which all or any part of the building is set back from said right-of-way line.
GARAGE, PRIVATE
A totally enclosed structure or indoor area on a single-family, two-family, or multifamily residential lot for the parking and storing of motor vehicles of the property owner or tenant.
[Amended 12-15-2014]
GARAGE, PUBLIC
A building or indoor area for parking, storing or servicing of motor vehicles incidental to the conduct of a business.
GARAGE SALE
See "rummage sale."
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
GARDEN FENCE
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
HOME OCCUPATIONS
Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 25% of the area of any floor and uses only household equipment. A home occupation includes uses such as millinery, dressmaking, canning, laundering and crafts, but does not include the display of any goods nor such occupations as barbershops or beauty shops, massage parlors, tattoo parlors or body-piercing parlors. No signs are permitted. Home occupations do not result in the coming and going of persons and/or vehicles.
HOTEL
A structure offering transient lodging accommodations to the general public.
HOT TUB
An artificial container of water, also referred to as a "spa" or "whirlpool," in which one or more persons may soak with a liquid capacity greater than 100 gallons and designed with a mechanical air injection system and/or recirculating device along with all of the following characteristics:
A. 
Ceramic, acrylic, fiberglass and/or wood construction;
B. 
An integral gas or electric heater capable of maintaining a constant water temperature of between 101° and 104°;
C. 
One or more integral water jets capable of causing a rapidly rotating current of water; and
D. 
Has a cover which is locked at all times when an adult is not using the unit.
HOUSEHOLD PET
Animals no larger than the largest dog which have been bred and/or raised to live in or about the habitation of humans and are dependent on humans for food and shelter.
IMPERVIOUS SURFACE
The total amount of area within a parcel covered by the principal and accessory structures, driveway, loading area, sidewalk and all other surfaces covered with asphalt, concrete, or other similar impervious surfaces, that prevent rain, surface water runoff, or melting snow from infiltrating into the ground below.
[Amended 3-24-2014]
INTERMEDIATE LEVEL NURSING CARE
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September 28, 2011, except as amended herein. This term means basic care that is required by a person who has a long-term illness or disability that has reached a relatively stable plateau.
[Added 11-22-2011]
JUNK
Any old or scrap metal, metal alloy, synthetic or organic material or waste, or any abandoned, junked, ruined, dismantled or wrecked motor vehicle or machinery, or any part thereof, whether salvageable or not, or discarded household goods or appliances. An unlicensed motor vehicle shall be construed to be a junked motor vehicle as set forth in § 335-37A, definition of "junked motor vehicle" of this chapter.
KENNEL
The use of land, including related buildings or structures, for the breeding, rearing, sale or boarding of dogs, cats or other animals usually considered to be pets; or the keeping of dogs for sporting purposes. For the purpose of this chapter, the care and keeping of more than four animals over the age of four months is considered a kennel.
LETTER OF MAP AMENDMENT (LOMA)
Official notification from the Federal Emergency Management Agency (FEMA), that a Flood Hazard Boundary Map or Flood Insurance Rate Map has been amended.
LIGHT SHIELD
Any attachment which interrupts and blocks the path of light emitted from a luminaire or fixture.
LIGHT TRESPASS
Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.
LIVING AREA
The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
LOADING AREA
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street.
LOCAL STREET
A street designed to provide vehicular access to abutting property and to discourage through traffic.
LOT
A parcel of land having frontage on a public street or other approved way, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this chapter.
LOT, CORNER
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
LOT, DOUBLE-FRONTAGE
A lot which has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT, FLAG
A nontrapezoidal lot having a flag portion that does not entirely front on a public or private street and may be at least partially located behind another lot, where access of the flag portion to a public or private street is achieved by a flagpole portion either owned in common with the flag portion or by means of a private right-of-way easement. (See Illustration No. 2.)
[Amended 10-28-2008]
LOT, INTERIOR
A lot situated on a single street which is bounded by adjacent lots along each of its other lines
LOT OF RECORD
A platted lot of a recorded subdivision, certified survey map or parcel of land for which the deed, prior to the adoption of this chapter, is on record with the Waukesha County Register of Deeds and which exists as described therein.
LOT, SUBSTANDARD
A parcel of land held in separate ownership, having frontage on a public street, occupied or intended to be occupied by a principal structure or structure, together with accessory structures and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this chapter.
LOT WIDTH
The width of a parcel of land measured at the street yard setback line.
LUMINAIRE
The complete lighting system, including the lamp and the fixture.
MOBILE HOME
A vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsed construction. A mobile home exceeding 45 feet in length shall be considered a primary housing unit.
MOTEL
A structure providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
MOTOR HOME
A motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.
MOTOR VEHICLE
A vehicle which is self-propelled.
A. 
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin and all rivers, streams, ponds, sloughs, flowages and other waters 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 all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952), and deGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
B. 
For the purpose of this chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
NET ACRE
See "acre, net."
NONCOMBUSTIBLE MATERIAL
Material that cannot be burned.
NONCONFORMING USES OR STRUCTURES
Any structure, use of land, use of land and structure in combination or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
NURSING CARE
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September 28, 2011, except as amended herein. This term means nursing procedures, other than personal care, that are permitted to be performed by a registered nurse under Wisconsin Statutes § 441.01(3) or by a licensed practical nurse under Wisconsin Statutes § 441.001(3), directly on or to a resident.
[Added 11-22-2011]
NURSING HOME
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September 28, 2011, except as amended herein. This term means a place where five or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to twenty-four-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services. "Nursing home" does not include any of the following:
[Added 11-22-2011]
A. 
A convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual.
B. 
A hospice, as defined in Wisconsin Statute Section 50.90 (1), that directly provides inpatient care.
C. 
A residential care apartment complex.
D. 
A community-based residential facility.
OPEN FENCE
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
PARKING LOT
A structure or premises containing parking spaces open to the public.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontages of the property which is the subject of the proceedings.
PARTY WALL
A wall containing no opening, which extends from the elevation of building footings to the elevation of the outer surface of the roof or above, and which separates contiguous buildings but is in joint use for each building.
PERMEABLE SURFACE
Except for vegetation, a material or materials and accompanying subsurface treatments designed and installed specifically to allow movement of rain, surface water or melting snow into the material, thereby reducing the volume of stormwater runoff from the surfaced area. Permeable surfaces may include, without limitation, porous asphalt, permeable paver blocks, grasscrete or similar structural support materials, pervious concrete or asphalt and permeable concrete or asphalt.
[Added 3-24-2014]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PERSONAL CARE
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September 28, 2011, except as amended herein. This term means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation, but does not include nursing care.
[Added 11-22-2011]
PLAN OF OPERATION
A document consisting of text and/or maps, intended to identify, in reasonable detail, how a business or other activity will function in the Village of Elm Grove. The plan of operation may contain, but is not limited to, the names and addresses of principal owners and/or operators, the nature of a business activity, products sold or manufactured, number of employees and number of work shifts, hours of operation, days of operation and special utility or police/fire protection needs. A site plan, parking plan, landscaping plan, fencing plan, lighting plan and/or signage plan may accompany and be made part of the plan of operation.
PRIMARY FACADE`
The side of the dwelling containing the front door or main entryway.
[Added 10-28-2008]
PRIVATE PROPERTY
Any dwelling, house, building or other structure designed or used, either wholly or partially, for private residential purposes and shall include any yard, grounds, walk or driveway appurtenant to such dwelling, house, building or other structure.
PRIVATE SWIMMING POOL
A receptacle for water, or an artificial pool of water, regardless of the temperature of the water, which has at any point a depth of more than two feet, whether above or below the ground, used or intended to be used by the owner thereof or invitees for bathing, muscle relaxation or swimming, and includes all structures, appurtenances, equipment, appliances and other facilities appurtenant thereto and intended for the operation and maintenance of a private swimming pool. Included within this definition are all receptacles for water commonly known as "hot tubs and whirlpools" unless such units are covered and locked at all times when an adult is not using the unit.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, dentists, clergymen, business consultants, architects, landscape architects, lawyers, manufacturers' representatives, professional engineers, registered land surveyors, real estate agents, insurance brokers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed 25% of the area of one floor of the residence and there are no nonresident employees. The principal use of the structure must remain residential in nature. A professional home office does not include a massage parlor, tattoo parlor or body-piercing parlor.
PUBLIC PLACE
Any and all public rights-of-way, whether improved or not, and any and all public parks, grounds and buildings.
RAISED DECK
A structure without a roof, directly adjacent to a principal structure, which is six inches or greater from the finished grade.
REAR YARD
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. (See Illustration No. 1.)
ILLUSTRATION NO. 1
LOCATION OF YARDS ON TYPICAL
INTERIOR, CORNER, AND DOUBLE FRONTAGE LOTS
RECREATIONAL VEHICLE
A transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pick-up truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable living quarters for recreational, camping or travel use. The term "recreational vehicle" shall also include, but not be limited to, all-terrain vehicles, campers, camping trailers, motor homes, boats, personal watercraft, snowmobiles and their trailers and mobile homes not exceeding 45 feet in length.
REFUSE
All solid waste, putrescible and nonputrescible, combustible and noncombustible, including garbage, ashes and solid material and industrial wastes, including but not limited to, rubbish and junk.
REGIONAL FLOOD
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.
RESIDENTIAL CARE APARTMENT COMPLEX (RCAC)
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September, 28, 2011, except as amended herein. It is a State of Wisconsin licensed care facility where five or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides services that are supportive, personal, and include nursing services to a person who resides in the RCAC, provided such services do not exceed more than 28 hours per week per person. An RCAC does not include a nursing home or a community-based residential facility or any treatment center, but may be physically part of a structure that is a nursing home or community-based residential facility. In the definition of an RCAC, a "stove" means a cooking appliance that is a microwave oven of at least 1,000 watts or that consists of burners and an oven. Services such as recreational activities, financial services, general store, transportation, and health and beauty services which may be available to the residents of the RCAC, and are not expressly open to the public, shall not be considered as a separate use within the I-1 Zoning District but may only be allowed if each service is specifically approved as a part of the conditional use by the Village Board.
[Added 11-22-2011]
RESTAURANT DRIVE-THROUGH WINDOW WITH TAKE-AWAY SERVICE
A physical arrangement on the exterior of a restaurant which allows a customer to drive continuously, with brief stops, to order, pay for, and receive food items. This form of convenience service requires that the customer not exit his/her vehicle and not be rendered any other form of service by an agent of the restaurant.
[Added 11-22-2011]
RUBBISH
Any combustible or noncombustible waste material or debris, except refuse, including, but not limited to, broken concrete, bricks, blocks or other mineral material; bottles, porcelain and other glass or crockery; boxes, lumber (new and used), posts, sticks or other wood, paper, rags, cardboard, excelsior, rubber, leather, plastic, wire, cans and metal items, leaves and grass clippings, except when being composted, tar paper, residues from burning or any similar materials.
RUMMAGE SALE
The occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales do not exceed four consecutive days in length and are not conducted more often than three times per year. Rummage sales do not involve the resale of merchandise acquired for that purpose. Rummage sales are also known as "garage sales" and "yard sales." Flea markets, defined elsewhere in this section, are not considered to be rummage sales.
SEAT
Furniture upon which to sit, having a linear measurement not less than 24 inches across the surface used for sitting.
SERVANT QUARTERS
Living quarters, which may include kitchen facilities, that are either attached or detached from the principal residence, used as a residence by persons employed to provide domestic services to the occupants of the principal residence.
SHORELANDS
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, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where such lands are not adjacent to a navigable stream or river; those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and such lands are maintained in nonstructural agricultural use.
SIDE YARD
A yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure. (See Illustration No. 1.[1])
SIGN
Any canopy, marquee, design, monogram, billboard, balloon, board, poster, building, streamer, banner, fence, wall or structure of any kind, temporary or permanent, fixed or portable, used or to be used for advertising, announcement, display, designation or promotion purposes or upon which any advertisement, announcement, display, designation or promotion is shown, painted or set forth in any manner that is intended to be viewed from any public roadway or area.
SIGN, AREA
The exposed face area, including any background or backing, constructed or installed as an integral part of such sign, but not any structural elements lying outside the display area of the sign. The sign area of a double-faced sign shall be the area of the larger single face. For a sign composed of individually mounted letters, the sign area shall be computed as the sum of the areas of the individual letters with the area for the individual letters computed as the area within a single continuous perimeter enclosing the extreme limits of the words and/or symbols.
SIGN, EXTERIOR
Any sign placed so as to be viewed from a public area outside of the business establishment displaying said sign.
SIGN, GROUND
Any sign supported by uprights, braces, poles or similar appurtenances placed upon the ground and wholly or partially independent of any building for support.
SIGN, HANGING
Any sign attached to a building canopy or overhang which is attached to and does not extend beyond said canopy or overhang.
SIGN HEIGHT
The vertical distance measured from the ground level adjacent to the sign to the highest part of the sign, including all illuminators and embellishments.
SIGN, INTERIOR
Any sign placed so as to be viewed primarily from within the business displaying said sign.
SIGN, PERMANENT
Any sign intended to be in place more than 30 days.
SIGN, PORTABLE
A sign that is not affixed to a building, including a structure, or to the ground, mounted on wheels to make it transportable. Signs mounted on trucks, taxicabs or other motor vehicle as a secondary or incidental use of said vehicle shall not be considered as a portable sign for the purpose of this chapter. Any motor vehicle or trailer having a nonpermanent or detachable sign and parked continuously for a period in excess of 72 hours in the same site will be presumed to have a primary use as a portable sign.
SIGN, PROJECTING
Any sign mounted perpendicular to the exterior of a building and projecting out from said building.
SIGN, TEMPORARY
Any sign intended to be in place for a reasonably limited period of time but not to exceed 30 days and not to exceed a total of 32 square feet.
SIGN, UTILITY
Any sign not over four square feet in area, including, but not limited to, signs denoting entrances, exits, parking, rest rooms, public telephones, street names and traffic control.
SIGN, WALL
Any sign whose face is mounted in a parallel plane to the building wall or structure, or which is fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 10 inches from such building or structure and does not extend beyond the ends of said wall or structure.
SIGN, WINDOW
Any sign attached to or in close proximity to the interior or exterior of a window facing an outside public area.
SKILLED NURSING SERVICES
Shall have the meaning as indicated and as defined in Wisconsin Statutes § 50.01 as existing on or before September 28, 2011, except as amended herein. Those services, to which all of the following apply, that are provided to a resident under a physician's orders:
[Added 11-22-2011]
A. 
The services require the skills of and are provided directly by or under the supervision of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.
B. 
Any of the following circumstances exist:
(1) 
The inherent complexity of a service prescribed for a resident is such that it can be safely and effectively performed only by or under the supervision of registered nurses or licensed practical nurses.
(2) 
The full recovery or medical improvement of the resident is not possible, but the services are needed to prevent, to the extent possible, deterioration of the resident's condition or to sustain current capacities of the resident.
(3) 
Because of special medical complications, performing or supervising a service that is generally unskilled or observing the resident necessitates the use of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.
SNOWMOBILE
Any engine-driven vehicle of a type which utilizes sled-type runners or skis or an endless belt tread or any combination of these or similar means of contact with the surface upon which it is operated.
SOLID FENCE
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
STORY
That portion of a principal structure included between the surface of any floor and the surface of the next floor above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.
STORY, HALF
A story which is situated in a sloping roof, the floor area of which does not exceed 2/3 of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.
STREET
A public right-of-way not less than 50 feet wide, providing primary access to abutting properties.
STREET YARD
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards. Where the street right-of-way is a cul-de-sac, the street yard is determined by measuring the required setback distance along each side lot line and connecting those two points with a straight line.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground which is six inches or higher above grade. This definition includes principal and accessory buildings, swimming pools, raised decks, gazebos, yard maintenance buildings, tennis courts and fences. This definition excludes flagpoles, swing sets, basketball hoops, ground barbecues, light posts and lawn ornaments such as artwork, statuaries and related decorative lawn ornaments.
[Amended 1-22-2008; 6-24-2008]
A. 
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the current 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:
[Amended 7-22-2003]
(1) 
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 code living conditions; or
(2) 
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.
B. 
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.
SWIMMING POOL
See "private swimming pool."
TRAILER
A vehicle without motive power designed for carrying property or passengers entirely on its own structure and being drawn by a motor vehicle.
USE
The purpose or activity for which the land or structure thereon is designed, arranged or intended or for which it is occupied or maintained.
USE, ACCESSORY
A subordinate use on the same lot which is incidental and customary in connection with the principal use.
USE, NONCONFORMING
Any use of a building structure, fixture or premises which, on the effective date of this chapter, does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such building, structure, fixture or premises is located.
[Amended 8-22-2006]
USE, PRINCIPAL
The main use of land or building as distinguished from a subordinate or accessory use.
UTILITY SUBSTATION
A structure used for the connection and service of public utilities.
VERTICAL HEIGHTS
The distance between the grade line or ground elevation adjacent to a structure at the lowest point to the highest point of the structure at a location other than on the side of the structure where the principal entrance is located.
[Added 9-10-2001]
WETLANDS
An area where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
WHOLESALE-MANUFACTURER-CENTER
An establishment that is primarily engaged in manufacturing and/or distributing merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.
YARD
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except by the vegetation. The street and rear yards extend the full width of the lot. (See Illustration No. 1.[2])
YARD MAINTENANCE BUILDING
See "building, yard maintenance."
YARD SALE
See "rummage sale."
[1]
Editor's Note: Illustration 1 is located at the end of the definition of the term "rear yard."
[2]
Editor's Note: Illustration 1 is located at the end of the definition of the term "rear yard."