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.
Having a common property line or district line.
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, including but not limited to a garage, prefabricated
metal buildings for storage, carport, greenhouses, screened enclosures,
swimming pool, bathhouse and filter equipment shed, playhouse and
gazebo.
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 more than 21 feet wide which affords only
a secondary means of access to abutting property.
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-round
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 is 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
deckline 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.
A privately or municipally owned parcel or tract of land
maintained, intended or used for the purposes of supplying temporary
or overnight living accommodations to the public by providing designated
areas for the placement of trailers, tents, buses, automobiles, or
sleeping bags, and may include structures to provide services to the
patrons, such as rest rooms and bathing and laundry facilities.
As defined in § 46.03(22), Wis. Stats. The establishment
of a community living arrangement shall be in conformance with applicable
sections of the Wisconsin Statutes, including §§ 46.03(22),
59.69(15) and 62.23(7)(i) and (7a), Wis. Stats., and amendments thereto,
and also the Wisconsin Administrative Code.[2]
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 United States Department of Agriculture Soil Conservation Service
for Dodge County, 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.
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.
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 on residences fronting on
the side street, but the side yard setback shall in no case restrict
the buildable width to less than 30 feet. Said corner lots shall consist
of a parcel of property abutting on two or more streets at their intersection,
provided that the interior angle of such intersection is less than
135º.
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 occupancy by not more than
one family. For purposes of this chapter, manufactured homes meeting
the requirements of this chapter shall be considered to be single-family
dwellings. All single-family dwellings shall have pitched roofs, overhanging
eaves of at least six inches, and wood, brick, masonry, vinyl or aluminum
siding.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
A group of rooms constituting all or part of a dwelling which
is 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, marriage
or adoption, living and cooking together, exclusive of household servants.
A number of persons living together as a single housekeeping unit,
although not related by blood, adoption or marriage, shall be deemed
to constitute a family. A boardinghouse shall not be considered a
family.[3]
Exceptions. Nothing in this chapter shall prohibit,
under the definition of "family," priests, lay brothers, 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.
A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.
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 who has four or fewer
foster children and which is licensed under § 48.62, Wis.
Stats., 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 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 § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
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.
An area or structure for breeding, rearing, boarding or training
of three or more dogs over the age of five months.
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.
Residential. The area of a lot occupied by the
principal building or buildings and accessory building.
Except residential. 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.
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 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.
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 area 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.
The horizontal distance between the side lot lines measured
at the building setback line.
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426, which, when placed
on the site:
Is at least 24 feet in width and 36 feet in
length and is used exclusively as a single-family residence.
Is set on an enclosed foundation in accordance
with § 70.043(1), Wis. Stats., and Subchapters III, IV and
V of Ch. COMM 21, Wis. Adm. Code, or is set on a comparable enclosed
continuous foundation system approved by the Building Inspector. The
wheels and axles must be removed. The enclosed foundation system shall
be approved by the Building Inspector or the Village Engineer; the
Building Inspector may require a plan to be certified by a registered
architect or engineer to ensure proper support for the home.
Is equipped with foundation siding which in
design, color and texture appears to be an integral part of the adjacent
exterior wall of the manufactured home.
Is covered by a roof pitched at a minimum slope
of two inches in 12 inches, which is permanently covered with nonreflective
material.
Has a pitched roof, overhanging eaves, and such
other design features required of all new single-family dwellings
located within the Village.
Is installed in accordance with the manufacturer's
instructions, provided that more restrictive requirements herein shall
prevail.
Is properly connected to utilities; the use
of a private well or private septic or sewage system is prohibited.
Meets other applicable standards of this chapter.
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.
As defined in § 66.0435, Wis. Stats.[5]
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
As defined in § 66.0435, Wis. Stats.[6]
A land subdivision, as defined by Ch. 236, Wis. Stats., and
any Village land division ordinance,[7] 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 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.
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 contained
in § 114.002(7), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.
Governmental and cultural uses, such as administrative offices,
fire and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums; public, private and parochial
preschool, elementary and secondary schools; churches; cemeteries;
private clubs and lodges; and storage garages.
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.
The sale of goods or merchandise in small quantities to the
consumer.
Site used for the storage or sale of salvageable materials
or for the purposes of salvage, wrecking, dismantling, or demolition
of salvageable materials. This includes the collection and/or dismantling
of automobiles or other objects of transportation, reuse or resale.
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 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.
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.
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 4Â 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 half
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.
A yard extending across the full width of the lot, the depth
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 street yards.
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 attachment 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 thereon
is designed, arranged or intended or for which it is occupied or maintained.
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.[8]
[1]
Editor's Note: The following definitions were deleted from this section at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "A Zones," "channel," "development," "equal degree of hydraulic encroachment," "flood," "flood insurance study," "flood profile," "flood protection elevation," "flood stage," "floodlands," "floodplain fringe," "floodproofing," "floodway," "lot, corner," "official letter of map amendment," "regional flood" and "use, accessory." For definitions related to floodplain management see now Ch. 180, Floodplain Zoning.
