For the purpose of this chapter, certain words
or phrases shall have meanings that either vary somewhat from their
customary dictionary meanings or are intended to be interpreted to
have a specific meaning. Words used in the present tense in this chapter
include the future. The word "person" includes a firm, association,
partnership, trust, company, or corporation as well as an individual.
The word "he" includes the word "she." The word "shall" is mandatory,
the word "should" is advisory, and the word "may" is permissive. Any
words not defined in this article shall be presumed to have their
customary dictionary definitions.
As used in this chapter, the following terms
shall have the meanings indicated:
A use or detached structure subordinate to the principal
use of a structure, land, or water and located on the same lot or
parcel, and serving a purpose customarily incidental to the principal
use or the principal structure. (See also "minor structure.")
A special public right-of-way affording only secondary access
to abutting properties.
An establishment engaged in the sale or exhibit of art works,
such as paintings, sculpture, macrame, knitted goods, stitchery, or
pottery. Art studios are also engaged in the creations of such art
works and often offer instruction in their creation. Within the context
of this chapter, art studio does not include nude modeling and other
pornographic exhibits.
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways include
freeways and expressways, state trunk and county trunk highways, and
other heavily traveled streets and parkways.
When used in describing an industrial operation, the fitting
or joining of parts of a mechanism by means of fasteners, nuts and
bolts, screws, glue, welding or other similar technique. Assembly
shall not include the construction, stamping or reshaping of any of
the component parts.
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 zones 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.
The act of providing care and supervision for fewer than
four children. This definition does not apply when the baby-sitter
is related to the child, or when more than four children in one household
are related.
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.
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for not more than 12 persons not members of the family who are the
principal occupants of the building. Boardinghouses are not open to
transient customers such as those who would seek lodging at a motel
or hotel.
See "surety."
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.
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of the roof.
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.
Retail stores where clothing is sold, such as department
stores, dry goods and shoe stores, and dress, hosiery, and millinery
shops.
The following facilities licensed and operated, or permitted
under the authority of the Wisconsin Statutes: those facilities set
forth in § 46.03(22); a foster home, as defined in § 48.02(6);
a treatment foster home, as defined in § 48.02(17q); day-care
facilities, as defined in § 48.65; or an adult family home,
as defined in § 50.01(1) of the Wisconsin Statutes.
Uses of a special nature as to make impractical their predetermination
as a permitted use in a district.
A building, or group of buildings, in which units are owned
individually, and the structure, common areas, and facilities are
owned by all owners on a proportional, undivided basis. It is a legal
form of ownership of real estate and not a specific building type
or style.
A control measure used to meet the requirements of § 205-114 of this chapter.
A practice or combination of practices to control erosion
and attendant pollution.
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of the site construction erosion control provisions of
this chapter submitted by the applicant for review and approval by
the Village.
An establishment providing care and supervision for four
or more persons under the age of seven and licensed by the State of
Wisconsin pursuant to § 48.65, Wis. Stats.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or addition or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or disposition of materials.
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).
Overlay districts provided 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.
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.
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 unit(s) for permanent occupancy as part of a mixed
commercial/residential development, provided that the property is
located within an urban service area that the residential unit(s)
complements and is compatible with an existing or proposed commercial
use.
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.
A detached building designed for or occupied exclusively
by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
One room or rooms connected together, constituting a separate
independent housekeeping establishment for owner occupancy, for rent
or lease, and physically separated from any other rooms or dwelling
units which may be in the same structure and containing independent
cooking and sleeping facilities. (See also "living unit.")
Any fill, structure, building, use, or development in a floodway
or required yard.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce, or aid in the prevention, measurement,
control or monitoring of noise, air or water pollutants, solid waste
or thermal pollution, radiation or other pollutants, including facilities
installed principally to supplement or to replace existing property
or equipment not meeting or allegedly not meeting acceptable pollution
control standards or which are to be supplemented or replaced by other
pollution control facilities.
The detachment and movement of soil, sediment, or rock fragments
by water, wind, ice, or gravity.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface, or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations, and
hydrants, but not including buildings.
An individual, or two or more persons related by blood, marriage,
or adoption living together, or a group of not more than five persons
who need not be related by blood, marriage or adoption, living together
as a single housekeeping unit in a dwelling unit.
[Amended 1-5-2016 by Ord.
No. 760]
A dwelling licensed as a day-care center by the State of
Wisconsin pursuant to § 48.65, Wis. Stats., where care is
provided for not more than eight children.
The temporary sale of farm products at a site other than
where they were grown. The sale of farm produce grown on the premises
or the sale of not more than five bushels per day of farm produce
grown off the premises is not considered a farmers' 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 or 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.
A temporary rise in streamflow or stage in lake level that
results in water overtopping the banks and inundating areas adjacent
to the stream channel or lake bed.
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.
For the purpose of this chapter, the floodlands are 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 Floodplain Fringe Overlay
District.
Those floodlands, outside of the floodway, subject to inundation
by the one-hundred-year recurrence interval flood. For the purpose
of this chapter, the floodplain fringe is included in the Floodplain
Fringe Overlay District.
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.
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 of materials to operation
and management safeguards, such as the following: reinforcing 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; 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 electrical equipment; avoidance of the use of flood-vulnerable
areas; temporary removal or waterproofing of merchandise; operation
of emergency pump equipment; closing of backwater sewer valves; placement
of plugs and flood drain pipes; placement of moveable watertight bulkheads;
erection of sand bag levees; and the shoring of weak walls or structures.
Floodproofing of structures shall be extended at least 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.
A point two feet above the 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.
The elevation of the floodwater surface above the officially
established datum plane, which is Mean Sea Level, 1929 Adjustment,
on the Supplementary Floodland Zoning Map.
A designated portion of the one-hundred-year flood that will
safely convey the regulatory flood discharge with small, acceptable
upstream and downstream 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.
The primary domicile of a foster parent which has for four
or fewer foster children and which is licensed pursuant to § 48.62.
Wis. Stats.
The smallest dimension of a lot abutting a public street
measured along the street right-of-way line. For lots abutting a lake
or stream, the smallest dimension measured along the shoreline.
A structure primarily intended for and used for the enclosed
storage or shelter of the private motor vehicles of the families resident
upon the premises.
Any garage other than a private garage.
See "rummage sale."
Retail stores where items such as art, antiques, jewelry,
books, and notions are sold.
A company of persons gathered together for any purpose for
a period of two or more hours.
Any facility operated by a person required to be licensed
by the State of Wisconsin pursuant to § 48.62, Wis. Stats.
for the care and maintenance of five to eight foster children.
Retail stores where items such as plumbing, heating, and
electrical supplies, sporting goods, and paints are sold.
An area or building representing or possessing a part of
the community's heritage as the site of an historic event, the home
of a famous person, or the best example of a particular style of architecture.
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises.
A dwelling unit or units designed and constructed to be occupied
by elderly persons. An elderly person is a person who is 62 years
of age or older on the date such person intends to occupy the premises,
or a family, the head of which or his spouse, is an elderly person
as defined herein.
An area consisting of buildings, structures, or premises
where junk, waste and discarded or salvage materials are bought, sold,
exchanged, stored, baled, packed, disassembled, or handled, including
automobile wrecking yards and house wrecking and structural steel
materials and equipment yards, but not including the purchase or storage
of used furniture and household equipment or used cars in operable
condition. Junkyards are not permitted in the Village of Saukville.
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, but not including
agricultural activities such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscape modifications.
Any person holding title to or having an interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
Official notification from the Federal Emergency Management
Agency (FEMA) that a Flood Hazard Boundary Map or Flood Insurance
Rate Map has been amended.
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.
See âdwelling unit.â
A completely off-street space or berth on the same lot as
the principal use it serves for the loading or unloading of freight
carriers, having adequate ingress and egress to a public street or
alley.
For the purpose of this chapter, a parcel of land on which
a principal building and its accessory building are placed, together
with the required open spaces, provided that no such parcel shall
be bisected by a public street and should not include any portion
of a public right-of-way. No lands dedicated to the public or reserved
for roadway purposes should be included in the computation of lot
size.
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. (See Illustration No.
3.)
 |
A parcel of land, other than a corner lot, with frontage
on more than one street or with frontage on a street and a navigable
body of water. (See Illustration No. 3.)
A legally created lot or parcel that met any applicable lot
size requirements when it was created, but does not meet current lot
size requirements.
[Added 5-7-2019 by Ord.
No. 793]
The width of a parcel of land measured at the setback line.
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used, such as blacksmith, tinsmith,
welding, and sheet metal shops; plumbing, heating, and electrical
repair shops; and overhaul shops.
When used in describing an industrial operation, the making
or processing of a product with machinery.
Any small, movable accessory erection or construction, such
as birdhouses, toolhouses, pet houses, play equipment, arbors, and
walls and fences.
A series of attached, semiattached, or detached sleeping
units for the accommodation of transient guests.
That portion of property where flammable or combustible liquids
or gases used as motor fuels are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles.
[Added 11-7-2012 by Ord. No. 737]
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)]
Any structure, land, or water lawfully used, occupied, or
erected at the time of the effective date of this chapter or amendments
thereto which does not conform to the regulations of this chapter
or amendment thereto. Any such structure conforming in respect to
use but not in respect to frontage, width, height, area, yard, parking,
loading, or distance requirements is considered a nonconforming structure
and not a nonconforming use.
A fence intended to decorate, accent, or frame a feature
of the landscape. Ornamental fences are often used to identify a lot
corner or lot line; or frame a driveway, walkway, or planting bed.
Ornamental fences are those with more than 50% of their surface area
open for free passage of light and air. Ornamental fences are often
of the picket, rail, or wrought iron type.
A structure or premises containing 10 or more parking spaces
open to the public. Such spaces may be for rent or a fee.
Includes all abutting property owners, all property owners
within 250 feet, and all property owners of opposite frontages.
A lot, parcel, tract or plot of land together with the buildings
and structures thereon.
When used in describing an industrial operation, the series
of continuous actions that changes one or more raw materials into
a finished product. The process may be chemical as in the processing
of photographic materials; it may be a special method such as processing
butter or cheese; it may be a mechanical process such as packaging
a base product.
Residences of clergymen, architects, landscape architects,
professional engineers, registered land surveyors, lawyers, real estate
agents, artists, teachers, authors, musicians, or persons in other
recognized professions used to conduct their professions where the
office use is incidental to the residential use of the premises.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard is opposite the street yard or
one of the street yards on a corner lot. (See Illustration No. 4.[1])
The 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 26% chance of occurrence.
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 the purpose. Rummage sales are also known as "garage
sales." Flea markets, defined elsewhere in this section, are not rummage
sales.
The rainfall, snow melt, or irrigation water flowing over
the ground surface.
Furniture upon which to sit, having a linear measurement
not less than 24 inches across the surface used for sitting.
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 line and a line parallel thereto through
the nearest point of the principal structure. Corner lots and double
frontage lots have two such yards. (See Illustration No. 4.)
 |
The rain intensities and rain volumes or corresponding values
specific to the community for the storm durations of 0.5, one, two,
three, six, 12, and 24 hours that occur approximately once each year.
The following are typical characteristics of these one-year storms
in most of Wisconsin:
|
Average Rain
| |||
|---|---|---|---|
|
Storm Duration
(hours)
|
Intensity
(inches per hour)
|
Total Rain
(inches)
| |
|
0.5
|
1.8
|
0.9
| |
|
1
|
1.1
|
1.1
| |
|
2
|
0.7
|
1.3
| |
|
3
|
0.5
|
1.5
| |
|
6
|
0.3
|
1.7
| |
|
12
|
0.2
|
2.0
| |
|
24
|
0.1
|
2.3
| |
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 nonnavigable
streams before ditching or had no previous stream history; and such
lands are maintained in nonstructural agricultural use.
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. 4.[2])
Any medium, including its structure, words, letters, figures,
numerals, phrases, sentences, emblems, devices, designs, trade names,
or trademarks by which anything is made known and which is used to
advertise or promote an individual, firm, association, corporation,
profession, business, commodity, or product and which is visible from
any public street or highway.
A sign that is mounted or painted on, or attached to an awning,
canopy, or marquee. (See Illustration No. 5.[3])
SIGN, BILLBOARDA large sign (in excess of 300 square feet) that identifies and communicates a commercial or noncommercial message. Billboards are typically located along major highways and the message typically relates to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
SIGN, OFF-PREMISESA sign which directs attention to a business, industry, or enterprise conducted at a location other than the premises on which the sign is located.
The message or advertisement, and any other symbols on the
face of a sign.
The area or display surface used for the message.
A sign that is placed upon or supported by the ground independent
of any other structure. (See Illustration No. 5.[4])
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of a sign face is 10 feet or more above grade.
(See Illustration No. 5.[5])
A sign that is not permanent. Portable signs are signs, banners
and displays that are, by definition, temporary. They may not be affixed
to buildings or other permanent structures. Such sign is sometimes
mounted on wheels to make it transportable. (See Illustration No.
5.[6])
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
(See Illustration No. 5.[7])
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the point of a building with a flat roof, the eaves line of
a building with a gambrel, gable, or hip roof, or the deck line of
a building with a mansard roof. (See Illustration No. 5.[8])
A sign 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 that 12 inches from such building or structure. (See
Illustration No. 5.[9])
A sign that is applied or attached to the exterior or interior
of a window or located in such manner within the building that it
can readily be seen from the exterior of the building through a window.
(See Illustration No. 5.)
 |
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders.
A combination of materials other than natural terrain or
plant growth erected or constructed to form, among other things, a
building, shelter, sign, enclosure, retainer, container, support,
base or decoration.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure, either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. The term does not however, include either:
Any project for improvement of a structure to
comply with the existing state or local health, sanitary or safety
code specifications which are solely necessary to assure safe living
conditions; or
Any alteration of a structure or site documented
as deserving preservation by the Wisconsin State Historical Society
or listed on the National Register of Historic Places. Ordinary maintenance
repairs are not considered structural repairs, modifications or additions.
Such ordinary maintenance repairs include internal and external painting,
decorating, paneling, and replacement of doors, windows, and other
nonstructural components.
Whenever the terms "surety", "surety bond", or "bond" are
used in this chapter, said terms shall describe only an irrevocable
letter of credit or a cash bond as approved by the Village Attorney.
Management of forested lands to provide annual or periodic
crops of forest products.
A compact, mixed-use neighborhood where residential, commercial
and civic buildings are within close proximity to each other.
A group of single-family dwellings, also called ârow
houses,â having an unpierced common wall between each adjacent
section and the end units having side yards.
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade-separated interchange ramps.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulation stations, but not including sewage disposal plants,
municipal incinerators, warehouses, shops, and storage yards.
An area where water is at, or 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.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except for vegetation. The
street and rear yards extend the full width of the lot. (See Illustration
No. 4.[10])
[1]
Editor's Note: Illustration No. 4 follows
the definition of âSetback or Street Yard.â
[2]
Editor's Note: Illustration No. 4 immediately
follows the definition of âSetback or Street Yard.â
[3]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[4]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[5]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[6]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[7]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[8]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[9]
Editor's Note: Illustration No. 5 immediately
follows the definition of âSign, Window.â
[10]
Editor's Note: Illustration No. 4 immediately
follows the definition of âSetback or Street Yard.â
