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, located on the same lot or parcel
and serving a purpose customarily incidental to the principal use
or the principal structure.
[Amended 9-19-2022 by Ord. No. 2022-03]
Any change, addition or modification in construction or type
of occupancy or any change in the structural members of a building,
such as walls, partitions, columns, beams or girders, the consummated
act of which may be referred to herein as "altered" or "reconstructed."
The collecting, burning out, dismantling or wrecking of used
motor vehicles, wheeled or track laying equipment or trailers or the
storage, sale or dumping of dismantled, obsolete or wrecked motor
vehicles, wheeled or track laying equipment or trailers or their parts.
The dismantling and rebuilding, other than custom repair, of more
than one motor vehicle, piece of wheeled or track laying equipment
or trailer, at a time, even though not for profit or a specified use
of a parcel of land, shall be considered auto wrecking. The storage
of a partially dismantled motor vehicle, piece of wheeled or track
laying equipment or trailer shall be considered auto wrecking.
A story having part but not more than 50% of its height below
the average grade of the adjoining ground (as distinguished from a
cellar). That portion of a basement wall above finished grade shall
be included in the total height of the building or structure.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad rights-of-way, parks, or a combination
thereof. There may be more than one numbered block as shown on a plat,
falling within a single block as herein defined.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for four or more persons not members of the family and not open to
transient customers. The terms include guest houses and lodging houses,
but not hotels.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, equipment, machinery or
materials. Poles used for the support of wires and appurtenant equipment
for supplying public utility services and fences and tents shall not
be considered as buildings or structures.
The total of area taken on a horizontal plane of the main
grade level of the principal building or accessory buildings, exclusive
of uncovered porches, terraces or steps.
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 flat roofs, or to the mean height level between
the eaves and ridges of gable, gambrel, hip and pitch roofs, or to
the deck line of mansard roofs.
A line parallel to a lot line and at a distance from the
lot line to comply with the minimum yard and setback requirements.
See "zoning permit."
[Amended 11-17-2014 by Ord. No. 2014-05]
A plan adopted by the City of Lancaster pursuant to § 62.23(2)
and (3), Wis. Stats., setting forth community goals, objectives and
policies for growth and development.
A use allowed under a conditional use permit, special exception,
or other special zoning permission issued by the City, but does not
include a variance.
[Amended 5-21-2018 by Ord. No. 2018-07]
A retail establishment selling and storing only new merchandise
and prepackaged food consisting primarily of daily necessity items.
Retail automotive fuel sales may also be included but such business
shall not include vehicle sales, service, mechanical and body repair,
washing and upholstery.
See "lot, corner."
[Amended 11-17-2014 by Ord. No. 2014-05]
A facility licensed by § 48.65, Wis. Stats., where
a person, other than relative or guardian, provides care and supervision
for four or more children under seven years of age, for less than
24 hours a day and for compensation. (Wisconsin Administrative Code
Chapter DCF 252).
A dwelling licensed as a day-care center by the Department
of Health Services under § 48.65, Wis. Stats., where care
is provided for not more than eight children.
Any building used routinely for the daytime care and education
of pre-school age children and including all accessory buildings and
play areas, other than the child's own home or the homes of relatives
or guardians.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings, structures
or accessory structures. Also, the construction of additions or structures,
the placement of mobile homes, mining, dredging, filling, grading,
paving, excavation or drilling operations and the deposition or extraction
of materials.
The part of a zoning ordinance that applies to elements including
setback, height, lot coverage, and side yard.
[Added 5-21-2018 by Ord.
No. 2018-07]
A portion of the incorporated area of the City within which
certain regulations and requirements, or various combinations thereof,
apply under the provisions of this chapter.
"Drive-in" may be used as a noun or an adjective and shall
refer to a business which is designated to serve patrons while they
are reposed in vehicles, with the intent that products be consumed
in automobiles. This shall not be construed to include places for
making deposits from automobiles such as drive-in bank windows, post
office drop boxes or laundry or cleaning drop boxes.
A detached building designed or used exclusively as a residence
or sleeping place, but does not include boarding or lodging houses,
motels, tents, cabins or mobile homes.
Two or more detached dwellings located on a parcel of land
in one ownership and conforming to the special conditions and requirements
set forth in a planned unit development.
A building having accommodations for and occupied exclusively
by two families.
An acquired or retained privilege or right of use in the
land of another.
Public or private shelter enclosures designed to protect
people from aerial, radiological, biological, or chemical warfare
and fire, flood, windstorm, riots, and invasion.
Services provided by public and private utilities which are
necessary for the exercise of the principal use or the service of
the principal structure. These services included underground, surface
or overhead gas, electrical, stream, water, sanitary sewerage, stormwater
drainage and communication systems and accessories thereto, such as
poles, towers, mains, drains, vaults, culvert, 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. Essential services are permitted uses
in all districts.
A parcel or contiguous parcels of land divided into two or
more mobile home lots for rent or sale on which the construction of
facilities for servicing the lots, including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets, is completed before the effective
date of this chapter.
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 four 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:
[Amended 11-17-2014 by Ord. No. 2014-05]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A dwelling licensed as a day-care center by the Department
of Health Services under § 48.65, Wis. Stats., where care
is provided for not more than eight children.
Any facility operated by a person required to be licensed
by § 48.62, Wis. Stats., that provides care and maintenance
for no more than four children unless all children are siblings (Wisconsin
Administrative Code Chapters DCF 56 and 57).
All parts of a lot abutting on a public street.
A structure or series of structures for the temporary storage
or parking of motor vehicles, not primarily commercial vehicles and
not for dead storage of vehicles, having no public shop or service
in connection therewith, other than for the supplying of motor fuels,
lubricants, air, water and other operating commodities wholly within
the buildings to the patrons of the garage only, and not readily visible
from, or advertised for sale on, the exterior of the building.
An accessory building or portion of a main building designed
or used solely for the storage of motor vehicles, boats and similar
vehicles owned or used by the occupants of the building to which it
is accessory.
Any premises used for the storage or care of motor vehicles
or where motor vehicles are equipped for operation, are repaired or
kept for remuneration, hire, or sale.
A household unit of more than two unrelated persons in a
single dwelling unit under direct or indirect supervision for the
purpose of adapting or acquainting disadvantaged persons with normal
social environments. Such households may also be referred to and include
halfway houses, interim housing, community based residential facilities
(Wisconsin Administrative Code Chapter DHS 83) and sheltered care
facilities (Wisconsin Administrative Code Chapter DCF 59).
An officially designated federal or state highway or other
road designated as an interstate, arterial, or collector on the Official
Map or Comprehensive Plan as adopted and amended from time to time
by the Plan Commission and Common Council.
See § 455-65 of this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
Any lot or premises used for the sale, boarding or breeding
of dogs, cats or other household pets. Kennel also means the keeping
on or in any lot or building of three or more dogs, cats or other
household pets which are over the age of five months.
An off-street space or berth on the same lot as the principal
structure or use for the loading or unloading of freight carriers,
having adequate ingress and egress to a public street or alley.
For zoning purposes, a parcel of land occupied or intended
to be occupied by a principal structure and accessory building or
use and being of sufficient size to meet minimum zoning requirements
for use coverage and area and to provide such yards and other open
spaces as are required. Such lots shall have frontage on an improved
public street and may consist of:
A single lot of record.
A portion of a lot of record.
A combination of complete lots of record or of portions of lots
of record.
[Amended 11-17-2014 by Ord. No. 2014-05]
A parcel of land described by metes and bounds provided that
in the case of division or combination no residual lot or parcel is
created which does not meet the requirements of this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
The horizontal area within the lot lines of a lot.
A lot abutting upon two or more streets at their intersection.
The area of the lot covered by principal and accessory buildings
and pavement.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
That portion of a lot lying along and abutting a public street.
A lot other than a corner lot (defined herein as "lot, corner").
The lines bounding a lot as defined below:
STREET LOT LINEIn the case of an interior lot, that line separating such lot from the street. In case of a corner lot or through lot, that line separating such lot from either street.
REAR LOT LINEThat lot line opposite the street lot line along the street on which the property is addressed. In the case of a lot which is pointed at the rear, the rear lot line shall be an imaginary line parallel to the street lot line along the street on which the property is addressed, not less than 10 feet long, lying farthest from the front line, and wholly within the lot.
SIDE LOT LINEAny lot line other than the street lot or rear lot line separating one lot from another lot.
A parcel of land, the dimensions of which are shown on a
document or map on file with the County Register of Deeds or in common
use by City or County Officials and which actually exists as so shown,
or any part of such parcel held in a record ownership separate from
that of the remainder thereof. Also referred to as a parcel of record.
An interior lot having frontage on two parallel, approximately
parallel diverging, diverging, or converging streets.
Width of a parcel of land measured at the rear of the specified
street yard.
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426 which, when placed
on the site:
Is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., and Subchapters III, IV and V of Ch. SPS 321, Wis. Adm.
Code, or is set on a comparable enclosed foundation system approved
by the Zoning Administrator.
Is installed in accordance with the manufacturer's instructions.
Is properly connected to utilities.
Is at least 24 feet wide by 36 feet long.
Any small, movable, accessory construction, such as birdhouses,
play equipment, arbors and walls and fences under four feet high.
Any vehicle or structure transportable in one or more sections,
which is over 400 square feet in size intended for or capable of human
dwelling or designed primarily for sleeping purposes with or without
a permanent foundation and continuing required utilities which does
not meet the definition or standards for manufactured homes.
Any plot or plots of ground upon which two or more units
occupied for dwelling or sleeping purposes are located, regardless
of whether or not a change is made for such accommodations.
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 amendments thereto. Any 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.
Any building used routinely for the daytime care and education
of pre-school age children and including all accessory buildings and
play areas, other than the child's own home or the homes of relatives
or guardians.
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
A map adopted by the Common Council pursuant to § 62.23(6),
Wis. Stats., showing existing and proposed streets, highways, parkways,
parks and playgrounds.
An outlying parcel of land, other than a lot or block, and
so designated on a plat.
A graded and surfaced area not less than 153 square feet
in area, either enclosed or open, for the parking of a motor vehicle
and having adequate ingress and egress to a public street or alley.
[Amended 11-17-2014 by Ord. No. 2014-05]
All abutting property owners, all property owners within
100 feet, and all property owners of opposite frontages of a subject
property and all persons whose rights or interests might be affected
by a decision of a board or commission or by the enforcement of any
provisions of this chapter.
A map of a subdivision as follows:
PRELIMINARY PLATA preliminary map prepared and certified by a registered engineer or land surveyor in accordance with the Subdivision Ordinance of the City showing the proposed layout of a subdivision in sufficient detail to allow review by the Plan Commission.
FINAL PLATA map of all or part of the subdivision prepared and certified by a registered engineer or land surveyor in accordance with the requirements of the Subdivision Ordinance of the City.
The primary use or structure on a lot which is permitted
or conditionally permitted under the provisions of this chapter.
A wastewater treatment plant other than a publicly owned
treatment plant.
Residences of professionals, including but not limited to
doctors of medicine, dentists, clergymen, architects, landscape architects,
professional engineers, registered land surveyors, attorneys, and
teachers, and which are used to conduct their professions where the
office does not exceed 1/2 the area of the residence and where not
more than one nonresident is employed.
The office of a doctor, dentist, minister, architect, landscape
architect, professional engineer, lawyer, author, musician or other
recognized profession.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the street yard
or one of the street yards on a corner lot.
[Amended 11-17-2014 by Ord. No. 2014-05]
An operation that collects and separates cans, bottles, plastic
and/or paper from other waste products for further utilization and
which is operated within a building.
One of a group or row of not fewer than four nor more than
12 attached, single-family dwellings designed and built as a single
structure facing upon a street or place and in which the individual
row houses may or may not be owned separately.
Any place which is owned, maintained, operated or used for
storing, processing, buying or selling junk, including junkyards,
automobile graveyards, auto recycling yards and wrecking yards. Such
facilities shall be screened by a solid fence or evergreen planting
completely preventing view from any other property or public right-of-way.
If evergreen planting or similar device is utilized, an additional
fence or similar security device shall be installed to prevent unauthorized
entry.
The combination of liquid and water-carried wastes discharged
from toilet and other sanitary plumbing facilities.
A system of sewers designed to direct sanitary sewage to
a treatment facility, such as a wastewater treatment plant.
A wastewater treatment plant or a wastewater pretreatment
facility.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
A side yard of a corner lot abutting upon a street or highway
right-of-way.
See § 455-48A.
[Amended 11-17-2014 by Ord. No. 2014-05]
That part of a building included between the surface of one
floor and the surface of the next floor. If the floor level directly
above a basement is more than six feet above grade such basement shall
be considered a story.
An uppermost story lying under a sloping roof having an area
of at least 200 square feet with a clear height of seven feet six
inches. For the purposes of this chapter, the usable floor area is
only that area having at least four feet clear height between floor
and ceiling.
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 onto which the property shall be
addressed and a line parallel thereto through the nearest point of
the principal structure.
Any change in the supporting members of a building such as
bearing walls, columns, beams, girders or roofs.
Anything constructed or erected on the ground or which is
attached to something located on the ground. Structures include buildings,
raised porches and decks, sheds, garages, and permanent signs. Minor
structures and fences are not considered structures for enforcement
purposes.
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 5-21-2018 by Ord.
No. 2018-07]
Facts and information, other than merely personal preferences
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion.
[Added 5-21-2018 by Ord.
No. 2018-07]
Any structural 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.
This term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
[Amended 11-17-2014 by Ord. No. 2014-05]
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs,
modifications or additions. Such ordinary maintenance repairs include
internal and external painting, decorating, paneling, and the replacement
of doors, windows and other nonstructural components. For purposes
of this definition, substantial improvement is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure.
A use specifically permitted by the Planning Commission for
a specifically stated period not to exceed 12 months. Temporary uses
may include, but are not limited to, construction site offices, tents
for fairs, festivals, or other public events, or temporary storage.
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.
[Amended 5-21-2018 by Ord. No. 2018-07]
For an area variance, when strict compliance with this chapter
would unreasonably prevent the property owner from using the property
owner's property for a permitted purpose or would render conformity
with this chapter unnecessarily burdensome.
For a use variance, when strict compliance with this chapter
would leave the property owner with no reasonable use of the property
in the absence of a variance.
Unnecessary hardship is based on conditions unique to the property,
rather than considerations personal to the property owner, and that
the unnecessary hardship was not created by the property owner.
Public and private facilities such as water wells, water
and sewer mains, 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 authorization granted by the Zoning Board of Appeals to
construct, alter, or use a structure or land in a manner which is
inconsistent with the dimensional standards contained in this chapter.
A modification to a dimensional, physical, or locational
requirement such as a setback, frontage, height, bulk, or density
restriction for a structure that is granted by The Board of Appeals.
[Added 5-21-2018 by Ord.
No. 2018-07]
An authorization by the Board of Appeals for the use of land
for a purpose that is otherwise not allowed or is prohibited by this
chapter.
[Added 5-21-2018 by Ord.
No. 2018-07]
The triangular space formed by any two existing or proposed
intersection right-of-way lines and the joining points of such lines
located a minimum of 30 feet from their intersections.
[Amended 11-17-2014 by Ord. No. 2014-05]
Any facility, equipment, process or processes designed to
treat wastewater prior to discharge of that wastewater to a publicly
owned treatment plant.
A facility or facilities from which either sanitary or industrial
sewage, or a combination thereof, is treated and released under the
terms of a Wisconsin Pollution Discharge Elimination System (WPDES)
permit.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except for vegetation and
fences in good repair. Driveways, surface parking areas, and non-raised
patios and terraces are considered permitted uses in yards.
A certificate issued by the Zoning Administrator stating
that the use of land or structure, erection of a structure or structural
alteration is in full compliance with all of the provisions of this
chapter.
