For the purposes of this chapter, certain words
and terms are defined as follows: 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 "buildings"
includes the word "structures," the word "shall" is mandatory and
not directory; the word "person" includes any partnership, association,
organization, firm, trust company, limited-liability company or corporation.
Any words not herein defined shall be construed as defined by statute
or in the State and Village Building Codes.[1]
As used in this chapter, the following terms
shall have the meanings indicated:
See § 245-117.
[Added 8-13-2018 by Ord.
No. 658]
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional physical
therapist licensed by the state and which establishment provides to
its patrons an opportunity for engaging in specified sexual activities.
[Added 12-11-2006 by Ord. No. 504]
An establishment or business wherein patrons are afforded
an opportunity to paint images on a specified anatomical area. For
purposes of this chapter, the adult body painting studio shall not
be deemed to include a tattoo parlor.
[Added 12-11-2006 by Ord. No. 504]
An establishment or business having a substantial or significant
portion of its stock and trade in books, magazines, and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
[Added 12-11-2006 by Ord. No. 504]
Any area of an adult establishment set off from the remainder
of such establishment by one or more walls or other dividers or partitions
and used to show, play, or otherwise demonstrate any adult materials
or to view any live performance that is distinguished or characterized
by an emphasis on the exposure, depiction, or description of specified
anatomical areas or the conduct or simulation of specified sexual
activities.
[Added 12-11-2006 by Ord. No. 504]
Any nightclub, bar, restaurant, or similar commercial establishment
which features:
[Added 12-11-2006 by Ord. No. 504]
Live performances which are characterized or
distinguished by the exposure of specified anatomical areas or the
removal of articles of clothing; or
Films, motion pictures, videocassettes, digital
video disks, video reproductions, slides or other visual presentations
which are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
Shall mean and include but is not limited to an adult bookstore,
adult motion-picture theater (indoor or outdoor), adult mini-motion-picture
theater, adult video store, adult bath house, adult motel, adult theater,
adult novelty shop, adult massage parlor, adult modeling studio, adult
body painting studio, and adult cabaret.
[Added 12-11-2006 by Ord. No. 504]
An establishment or business with or without sleeping accommodations
which provides services, including any method of rubbing, pressing,
stroking, kneading, tapping, pounding, vibrating or stimulating a
specified anatomical area with the hands or with any instruments,
heat and light treatments of the body, and all forms and methods of
physiotherapy not operated by a medical practitioner or professional
physical therapist licensed by the state.
[Added 12-11-2006 by Ord. No. 504]
An enclosed building with a capacity for fewer than 50 persons
used for presenting materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
[Added 12-11-2006 by Ord. No. 504]
Any establishment or business where a person who displays
specified anatomical areas is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration. Adult modeling
studios shall not include a proprietary school licensed by the State
of Wisconsin or a college, technical college, or university; or in
a structure:
[Added 12-11-2006 by Ord. No. 504]
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or semi-nude
person is available for viewing; and
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class; and
Where no more than one nude or semi-nude model
is on the premises at any one time.
A hotel, motel, or similar commercial establishment which:
[Added 12-11-2006 by Ord. No. 504]
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way which advertises
the availability of this adult-type of photographic reproductions;
or
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
[Added 12-11-2006 by Ord. No. 504]
A parcel of land from which individuals may view a motion
picture presented out of doors which presents material distinguishably
characterized by an emphasis on matter depicting, describing or relating
to a specified sexual activity or specified anatomical areas.
[Added 12-11-2006 by Ord. No. 504]
An establishment or business having a substantial or significant
portion of its stock and trade in novelty or other items which are
distinguished or characterized by their emphasis on or designed for
specified sexual activity or stimulating such activity.
[Added 12-11-2006 by Ord. No. 504]
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
[Added 12-11-2006 by Ord. No. 504]
An establishment or business having a substantial or significant
portion of its stock and trade for sale or rental of motion pictures
or other visual media which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
[Added 12-11-2006 by Ord. No. 504]
Any airport which complies with the definition contained
in Wis. Stat. § 114.002(7), or any airport which serves
or offers to serve common carriers engaged in air transport.
A use, building or structure on the same lot with and subordinate
to the main use, building, or structure and customarily incidental
thereto. An automobile trailer or other vehicle or part thereof, or
other building used as a temporary or permanent dwelling or lodging
place shall not be considered an accessory building or use.
A street or thoroughfare 30 feet wide or less and affording
only secondary access to abutting property.
Firearm cartridges and shotgun shells.
[Added 5-11-2009 by Ord. No. 541]
See "dwelling, multiple."
Any premises on which more than one automotive vehicle, not
in running or operative condition, is stored in the open.
A story partly or wholly underground. The height of a basement
shall be the vertical distance between the surface of the basement
floor and the floor next above it.
See § 245-113I.
[Added 8-13-2018 by Ord.
No. 658]
See § 245-113K.
[Amended 8-13-2018 by Ord. No. 658]
The vertical distance from the average curb level in front
of the lot or the finished grade at the front building line, whichever
is higher, to the highest point of a flat, gambrel, hip or gable roof.
[Amended 1-23-2006 by Ord. No. 489]
A building constituting the principal use of a lot.[2]
See § 245-113L.
[Added 8-13-2018 by Ord.
No. 658]
See § 245-113J.
[Added 8-13-2018 by Ord.
No. 658]
Unless otherwise specifically provided, in this chapter a
"commercial" or "industrial" vehicle is a vehicle used primarily in
connection with a business or trade, regardless of the actual weight
or gross vehicle weight rating of the vehicle.
[Added 5-11-2015 by Ord.
No. 625]
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 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 allow for superimposing certain additional
requirements or uses upon a basic zoning district which are compatible
with the basic district. If there are conflicting requirements, those
which are stricter shall apply.
See § 245-112.
[Amended 8-13-2018 by Ord. No. 658]
See § 245-112.
[Amended 8-13-2018 by Ord. No. 658]
See § 245-112.
[Amended 8-13-2018 by Ord. No. 658]
The use of property, including the use and location of buildings,
the size of lots and the dimensions of required yards, otherwise not
allowable under the terms of this chapter which is permissible by
reason of special provisions of this chapter, or for which a special
permit may be issued by the Board of Appeals under conditions specified
in this chapter.
Anything manufactured, processed or packaged for exploding,
but not including ammunition, novelty fireworks, statutory fireworks,
fuel or a lubricant, flares used, possessed or sold for use as a signal
in an emergency or in the operation of a railway, aircraft, watercraft
or motor vehicle, matches, cigarette lighters, stoves, furnaces, candles,
lanterns, space heaters, model rocket engines, tobacco, and tobacco
products.
[Added 5-11-2009 by Ord. No. 541]
The body of persons who live together in one dwelling unit
as a single housekeeping entity.
[Added 2-9-2004 by Ord. No. 443]
FENCEAn enclosed barrier consisting of wood, stone, metal, wire, composite, and/or plastic material intended to prevent ingress and egress.
BOUNDARY FENCEA fence placed on or near the property lines of adjacent properties.
PROTECTIVE FENCEA fence constructed to enclose a hazard to the public health, safety and welfare.
ARCHITECTURAL OR AESTHETIC FENCEA fence constructed to enhance the appearance of the structure or the landscape.
An article in the nature of personal property which has been
so annexed to the realty that it is regarded as a part of the real
property. That which is fixed or attached to something permanently
as an appendage and is not removable. A thing is deemed to be affixed
to real property when it is attached to it by roots, imbedded in it,
permanently resting upon it, or permanently attached to what is thus
permanent, as by means of cement, plaster, nails, bolts, or screws.
Goods are fixtures when they become so related to particular real
estate that an interest in them arises under real estate law, e.g.,
a furnace affixed to a house or other building, counters permanently
affixed to the floor of a store, or a sprinkler system installed in
a building. A sign permanently affixed to the land or a structure
is a fixture.
[Added 6-11-2012 by Ord. No. 589]
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.
Frontage facing at right or approximate right angles to each
other within the same block.
Any building or portion thereof, accessory to a residential
building or structure, for the storage of motor-driven vehicles. See
§ 245-10H.
[Amended 4-24-2006 by Ord. No. 496]
Any building or premises, other than a private or a storage
garage, where motor-driven vehicles are equipped, repaired, serviced,
hired, sold or stored.
Any building or premises used for the storage only of motor-driven
vehicles, pursuant to previous arrangements and not to transients,
where no equipment, parts, fuel, grease or oil is sold and vehicles
are not equipped, serviced, repaired, hired or sold.
See § 245-117B.
[Amended 1-23-2006 by Ord. No. 489; 5-11-2015 by Ord. No. 625; 8-13-2018 by Ord. No. 658]
See § 245-113J.
[Amended 8-13-2018 by Ord. No. 658]
See § 245-14B.
[Amended 8-13-2018 by Ord. No. 658]
See § 245-14A.
[Amended 8-13-2018 by Ord. No. 658]
Any premises on which there is an accumulation of scrap metal,
paper, rags, glass, scrap lumber or other scrap materials stored or
customarily stored for salvage or sale, unless such accumulation shall
be housed in a completely enclosed building.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings and abutting on or affording
direct access to a public street or alley, for the temporary parking
of a commercial vehicle while loading or unloading cargo.
A building other than a hotel where lodging only is provided
for not more than five persons not members of a family.
A parcel of land having a width and depth sufficient to provide
the space necessary for one main building and its accessory buildings,
together with the open spaces required by this chapter and abutting
on a public street or officially approved place.
A lot abutting on two or more streets at their intersection.
[Amended 1-28-2008 by Ord. No. 523]
A lot other than a corner lot.
An interior lot having frontage on two nonintersecting streets.
The lines bounding a lot as defined herein.
The least horizontal distance between the side lines of a
lot, measured at the setback line of the required front yard.
A building, premises, structure or fixture that does not conform to one or more of the area requirements set forth for the zoning district in which it is located, including but limited to nonconformance with setback, yard, height, parking, loading, access, or lot area per family regulations. See Chapter 256 for nonconforming structures in the floodplain districts.
[Added 12-11-2006 by Ord. No. 506]
A building, premises, structure, fixture, land or water lawfully used or occupied at the time of the adoption of this chapter (December 13, 1982) or amendment thereto, which use or occupancy does not conform to the use regulations of this chapter or any amendments thereto. See Chapter 256 for nonconforming uses in the floodplain districts.[5]
[Amended 12-11-2006 by Ord. No. 506]
See § 132-2.
[Added 5-11-2009 by Ord. No. 541]
See § 132-2.
[Added 5-11-2009 by Ord. No. 541]
A building or premises containing one or more parking spaces,
open to the public free or for a fee.
An unobstructed piece of ground or floor space sufficient for the temporary storage of one automobile. Each such parking space shall be located off the public street but accessible thereto, and shall be at least the size set forth in § 245-15B(2), exclusive of the means of ingress and egress. A loading space is not a parking space.[6]
[Amended 4-24-2006 by Ord. No. 496]
Resources such as floodways, flood-fringes, floodplain, conservancy
areas, wetlands, woodlands, steep slopes, and environmental corridors
that are protected by the provisions of this chapter.
[Added 8-13-2018 by Ord.
No. 658]
The minimum horizontal distance between the street line and
the nearest part of the building measured to the foundation, excluding
only overhangs and uncovered steps.
See § 245-113I.
[Added 8-13-2018 by Ord.
No. 658]
[Added 12-11-2006 by Ord. No. 504]
[Added 12-11-2006 by Ord. No. 504]
See § 132-2.
[Added 5-11-2009 by Ord. No. 541]
Areas which contain a gradient of 12% or greater.
[Added 8-13-2018 by Ord.
No. 658]
That portion of a building including between the surface
of a floor and the surface of the floor next above it or, if there
be no floor above it, the space between the floor and the ceiling
next above it.
A space under any roof except a flat roof which, if occupied
for dwelling purposes, shall be construed to be a full story for the
purposes of this chapter.
All property dedicated or intended for public or private
street purposes or subject to public easements therefor.
[Amended 1-23-2006 by Ord. No. 489]
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building or any
change in the roof structure or in the exterior walls.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment or something having
a permanent location on the ground. Arbors and trellises, flagpoles,
light poles, basketball hoops and children’s play structures
(swing sets, jungle gyms and tree houses) shall not be defined as
structures, but height and placement on a lot are subject to zoning
regulation pursuant to § 245-10H of this Municipal Code.
[Amended 9-24-2007 by Ord. No. 518]
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 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
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.
A structure that is not permanently attached to the ground
that is removed when the designated time period, activity or use for
which the temporary structure was erected or placed has ceased.
[Amended 4-8-2013 by Ord. No. 601]
A use that is established for a limited duration with the
intent to discontinue such use upon the expiration of the time period.
A temporary use may not be permitted for more than 30 days unless
specifically permitted in § 245-10J.[7]
[Added 4-8-2013 by Ord. No. 601]
A departure from the terms of this chapter as applied to
a specific building, structure or parcel of land, which the Board
of Appeals may lawfully permit, and not in strict conformity with
the regulations of this chapter.
That area enclosed by the lines formed by the outside edges of the intersecting pavements or driving surfaces and a straight line drawn diagonally across the corner, connecting those lines at the various distances specified in § 245-13H. The measured distance along the pavement is the vision clearance distance. Measurement shall be from the point of intersection of the traveled surfaces.
[Amended 1-28-2008 by Ord. No. 523]
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on United States Geological
Survey (USGS) topographic maps for the Village of Waterford. (The
USGS map is available on the Racine County website.)
[Added 8-13-2018 by Ord.
No. 658]
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
A yard extending the full width of the lot between the front
lot line and the nearest part of the main building, excluding uncovered
steps.
A yard extending the full width of the lot between the rear
lot line and the nearest part of the main building, excluding uncovered
steps; provided that if there be an alley abutting on a rear yard,
the rear lot line shall be the center line of such alley.
[Amended 1-28-2008 by Ord. No. 523]
A yard extending from the front yard, or the front lot line
if there be no front yard, to the rear yard, being the minimum horizontal
distance between a building and the side lot line.
[1]
Editor's Note: The definition of "A Zones," as amended, which immediately preceded this definition, was repealed 12-11-2006 by Ord. No. 505. See now Ch. 256, Floodplain Zoning.
[2]
Editor's Note: The definition of "channel," which immediately followed this definition, was repealed 12-11-2006 by Ord. No. 505. See now Ch. 256, Floodplain Zoning.
[3]
Editor's Note: The definition of “picket
fence,” as amended, which immediately followed this definition,
was repealed 1-28-2008 by Ord. No. 523.
[4]
Editor's Note: The following definitions, which immediately followed this definition, were repealed 12-11-2006 by Ord. No. 505. See now Ch. 256, Floodplain Zoning: "flood"; "Flood Insurance Study"; "flood profile"; "flood protection elevation"; "flood stage"; "floodland"; "floodplain fringe"; "floodproofing"; and "floodway."
[5]
Editor's Note: The definition of "official letter of map amendment," which immediately followed this definition, was repealed 12-11-2006 by Ord. No. 505. See now Ch. 256, Floodplain Zoning.
[6]
Editor's Note: The former definitions of "professional office" and "roadside stand," which immediately followed this definition, were repealed 7-23-2018 by Ord. No. 658. The definitions of "reach" and "regional flood," which immediately followed the definition of "professional office," were repealed 12-11-2006 by Ord. No. 505. See now Ch. 256, Floodplain Zoning.
[7]
Editor's Note: The former definitions of "tourist camp or
motel" and "tourist rooming house," as amended, which immediately
followed this definition, were repealed 7-23-2018 by Ord. No. 658.
