For the purposes of this chapter, the following definitions
shall be used, unless a different definition is specifically provided
for a section. 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
permissive.
Have a common property line or district line.[1]
A use or detached structure subordinate to the principal
use of a structure, parcel of land or water and located on the same
lot or parcel serving a purpose incidental to the principal use or
the principal structure.
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, and school sites contained
within 43,560 square feet.
A public way not less than 24 feet wide which affords only
a secondary means of access to abutting property.[2]
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. Arterial streets shall
include freeways and expressways as well as arterial streets, highways
and parkways.
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-around
living accommodations. Space partly below grade which is designed
and finished as habitable space is not defined as basement space.
A tract of land bounded by streets or by a combination of
streets and public parks or other recognized lines of demarcation.
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for three or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
The portion of a lot remaining after required yards have
been provided.
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. When a building is divided
into separate parts by unpierced walls extending from the ground up,
each part shall be deemed a separate building.
A building surrounded by open space on the same lot.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deck line of a mansard roof or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A building in which the principal use of the lot on which
it is located is conducted.
A line parallel to the lot line at a distance parallel to
it, regulated by the yard requirements set up in this chapter.
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.[3]
The following facilities licensed or operated or permitted
under the authority of the Wisconsin State Statutes: Child welfare
agencies under § 48.60, group foster homes for children
under § 48.02(7) and community-based residential facilities
under § 50.01, but does not include day-care centers, nursing
homes, general hospitals, special hospitals, prisons and jails. The
establishment of a community living arrangement shall be in conformance
with applicable Sections of the Wisconsin State Statutes, including
§§ 46.03(22), 62.23(7)(i) and 62.23(7a), and amendments
thereto, and also the Wisconsin Administrative Code.[4]
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide, prepared
by the USDA Natural Resources Conservation Service, adopted by the
County Soil and Water Conservation District Supervisors, and containing
suitable alternatives for the use and treatment of land based upon
its capabilities from which the landowner selects that alternative
which best meets his needs in developing his soil and water conservation
plan.
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations
or deposition of materials.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and building
are uniform.
Overlay districts, also referred to herein as "regulatory
areas," provide for the possibility of superimposing certain additional
requirements upon a basic zoning district without disturbing the requirements
of the basic district. In the instance of conflicting requirements,
the more strict of the conflicting requirements shall apply.
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.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
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 by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.[5]
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.
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.
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage. This definition
is not intended to prohibit group homes or community living arrangements
that are determined to be protected by the Federal Fair Housing Law,
provided that such facilities are licensed and permitted under the
authority of the State Department of Health Services or the State
Department of Children and Families or other state department or agency.[6]
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Exceptions: Nothing in this chapter shall prohibit, under the
definition of "Family," priests, laybrothers, nurses or such other
collective body of persons living together in one house under the
same management and care, subsisting in common, and directing their
attention to a common object or the promotion of their mutual interest
and social happiness as set forth by the Wisconsin Supreme Court in
Missionaries of Our Lady of LaSallette vs. Village of Whitefish Bay
Board of Zoning Appeals, 267 Wis. 609, which is hereby incorporated
by reference.
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A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.[7]
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of the
floors of the building, or portion thereof, devoted to a use requiring
off-street parking or loading. This area shall include accessory storage
areas located within selling or working space occupied by counters,
racks or closets and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, floor area, for the purposes of
determining off-street parking spaces, shall not include floor area
devoted primarily to storage purposes except as otherwise noted herein.
The primary domicile of a foster parent which is four or
fewer foster children and which is licensed under § 48.62
of the Wisconsin Statutes and amendments thereto.
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
A yard extending across the full width of the lot, the depot
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two front yards.[8]
A detached accessory building or portion of the principal
building, designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.
Any facility operated by a person required to be licensed
by the State of Wisconsin under State Statute § 48.62 for
the care and maintenance of five to eight foster children.
Any business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building or accessory building thereto, in connection with which there are no signs or exterior display or storage other than a sign permitted by this chapter, and no activity that will indicate from the exterior that the building(s) is being used in whole or in part for any purpose other than that of a dwelling. The use is to be clearly incidental to the use of the dwelling unit for residential purposes and shall not endanger the public health or safety. No articles shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. Persons operating a home occupation shall employ no more than one nonresident employee. No business such as a shop, store or child nursery shall be conducted upon the premises. No material or equipment shall be stored outside the confines of the home. No mechanical equipment may be used which creates a disturbance such as noise, dust, odor or electrical disturbance. The home may not be altered to attract business. No motors shall be utilized which exceed one horsepower each and not exceeding five horsepower in total, such activity being deemed a public nuisance. Repairing of motor bicycles, motorcycles and motor-driven cycles, other than those licensed and owned by the occupants of a home, in a residential area is strictly prohibited. For the purpose of this definition, the definitions of the above-mentioned vehicles shall be as set forth in Chapter 340 of the Vehicle Code of the Wisconsin State Statutes. Such repairing is deemed a public nuisance. It is immaterial for the purpose of this definition whether or not such repairing is done in return for remuneration.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
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 or alley.
A building where lodging only is provided for compensation
for not more than three persons not members of the family.
A parcel of land having frontage on a public street, or other
officially approved means of access, 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 as pertaining to the district wherein located.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135º or less, measured on the lot side. On corner lots, the
setback shall be measured from the street line on which the lot fronts.
The setback from the side street shall be equal to 75% of the setback
required for residences fronting on the side street, but the side
yard setback shall in no case restrict the buildable width to less
than 30 feet.
[Amended 4-5-1999 by Ord. No. 2-1999; 1-4-2016 by Ord. No. 1-2016]
The area of a lot occupied by the principal building or buildings
and accessory buildings including any driveways, parking areas, loading
areas, storage areas and walkways.
The area of a lot occupied by the principal building or buildings
and accessory building.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A parcel of land held in separate ownership having frontage
on a public street, or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings 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 as pertaining to the district wherein
located.
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.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
Lot width is the horizontal distance between the side lot
lines measured at the building setback line. Lot depth is determined
by dividing the total square feet of the lot by the width of the lot
at the street line.
[Amended 10-2-2000]
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
The term "manufactured home" includes a mobile home but does not include
a "mobile recreational vehicle."
[Amended 2-5-1996; 10-2-2000; 1-4-2016 by Ord. No.
1-2016]
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors and
walls and fences under four feet in height.
[Amended 10-2-2000]
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel (or contiguous parcels) of land which has (or have)
been developed for the placement of mobile homes and is (or are) owned
by an individual, a firm, trust, partnership, public or private association,
or corporation. Individual lots within a mobile home park are rented
to individual mobile home users. As used herein, the term "contiguous"
shall include parcels separated by a local street or bike trail.
[Amended 2-1-2018 by Ord.
No. 2-2018]
A land subdivision, as defined by Chapter 236 of the Wisconsin
Statutes and any Village land division ordinance, with lots intended
for the placement of individual mobile home units. Individual home
sites are in separate ownership as opposed to the rental arrangements
in mobile home parks.
A modular unit is a factory fabricated transportable building
unit designed to be used by itself or to be incorporated with similar
units at a building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
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 and which is not in conformance
with this chapter. Any such structure conforming in respect to use
but not in respect to frontage, width, height, area, yard, parking,
loading or distance requirements shall not be considered a nonconforming
use, but shall be considered nonconforming with respect to those characteristics.
Official notification from the Federal Emergency Management
Agency (FEMA) that a Flood Hazard Boundary Map or Flood Insurance
Rate Map has been amended.
A structure or premises containing five or more parking spaces
open to the public.
A graded and surfaced area of not less than 180 square feet
in area, either enclosed or open, for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
The office of a doctor, practitioner, dentist, minister,
architect, landscape architect, engineer, lawyer, author, musician
or other recognized trade. When established in a residential district,
a professional office shall be incidental to the residential occupation,
not more than 25% of the floor area of one story of a dwelling unit
shall be occupied by such office and only one unlighted nameplate,
not exceeding one square foot in area, containing the name and profession
of the occupant of the premises shall be exhibited.
Any airport which complies with the definition of "public-use
airport" in § 114.002(18m), Wis. Stats., or any airport
which serves or offers to serve common carriers engaged in air transport.[9]
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 front yard
or one of the front yards on a corner lot.[10],[11]
The sale of goods or merchandise in small quantities to the
consumer.
The minimum horizontal distance between the front lot line
and the nearest point of the foundation of that portion of the building
to be enclosed. The overhang cornices shall not exceed 24 inches;
any overhang of the cornice in excess of 24 inches shall be compensated
by increasing the setback by an amount equal to the excess of cornice
over 24 inches. Uncovered steps shall not be included in measuring
the setback.
A yard extending from the front 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.[12]
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade shall
be deemed a story for purposes of height regulation.
That portion of a building under a gable, hip or mansard
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than 4 1/2 feet above the finished floor
of such story. In the case of one-family dwellings, two-family dwellings
and multifamily dwellings less than three stories in height, a 1/2
story in a sloping roof shall not be counted as a story for the purposes
of this chapter.
Property other than an alley or private thoroughfare or travelway
which is subject to public easement or right-of-way for use as a thoroughfare
and which is 21 feet or more in width.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attached to something having
a permanent location on the ground.
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure,
such as billboards.
The purpose or activity for which the land or building thereof
is designed, arranged or intended, or for which it is occupied or
maintained.
A subordinate building or use which is located on the same
lot on which the principal building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary
use of such building or main use, when permitted by district regulations.
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except the vegetation. The
street and rear yards extend the full width of the lot.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A permit issued by the Zoning Administrator to certify that
lands, structures, air and waters subject to this chapter are or shall
be used in accordance with the provisions of said chapter.
[7]
Editor's Note: The original definitions of "flood," "flood insurance study," "flood profile," "flood protection elevation," "flood stage," "floodlands," "floodplain fringe," "floodproofing," and "floodway," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
