The following rules of construction shall be
applied in this chapter:
A.
The present tense includes the future tense, and the
singular includes the plural.
B.
The word "shall" is mandatory; the word "may" is permissive.
C.
All measured distances shall be to the nearest integral
foot or meter, and increments of 1/2 or more of a foot or meter shall
cause the next highest foot or meter to be applied.
D.
The word "person" includes a family, firm, association,
organization, governmental entity, partnership, trust, company, or
corporation as well as an individual.
E.
The word "used" or "occupied" also means intended,
designed, or arranged to be used or occupied.
F.
As to the herein-contained words, the following construction
shall apply:
The following definitions shall apply in this
chapter unless the context clearly dictates otherwise:
A road designed to provide vehicular access to abutting property
and to discourage, if not prevent, through traffic.
An establishment having as a predominate portion of its stock-in-trade
books, magazines and other periodicals, videocassettes, or films which
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified anatomical areas (see definition)
or specified sexual activities (see definition).
An enclosed building which is significantly or substantially
used for presenting live striptease acts, live sexual acts, motion-picture
films, videocassettes, cable television or any other such visual media
distinguished or characterized by their emphasis on matter depicting,
describing, or relating to specified anatomical areas (see definition)
or specified sexual activities (see definition) for observation and/or
participation by patrons therein.
The production, keeping, or maintenance, for sale, lease,
or personal use, of plants and animals useful to culture and society,
including but not limited to forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules,
or goats or any mutations or hybrids thereof, including the breeding
and grazing of any or all of such animals; bees and apiary products;
fur animals; trees and forest products; fruits of all kinds, including
grapes, nuts, and berries; vegetables; or nursery, floral, ornamental,
and greenhouse products, or lands devoted to a soil conservation.
A public way used as a secondary vehicular access to the
side or rear of abutting property.
See definition of "kennel."
A room or rooms in a multiple-dwelling structure or multiple-use
structure intended to be used as a separate housing unit.
The raising and care of bees for personal, commercial, or
agricultural purposes. When allowed in residential-zoned areas, it
must be done in compliance with regulations developed by DAFS.
[Added 9-15-2022 by Ord.
No. 22-41]
The rocks which hold groundwater and from which significant
quantities of groundwater (see definition of "groundwater") can be
extracted.
A federal regulatory agency governing navigable waters (see
definition of "navigable waters") and wetlands (see definition of
"wetlands").
A business whose principal activity is the sale of gasoline,
oil, and other automotive products, and the accessory of minor tune-up
and repair work.
A business whose principal activity is body or engine repairs
or painting of motor vehicles.
A business whose principal activity is the sale of new or
used motor vehicles and the performance of repair work as an integral
part of the business.
Those areas shown on the Official Floodplain Zoning Map as
inundated by the base flood or regional flood (see definition of "regional
flood"), numbered as AO, A1 to A30, A99, or as unnumbered A Zones.
A Zones may or may not be reflective of flood profiles, depending
on the availability of data for a given area.
A structure used primarily for the storage of agricultural
equipment and implements and/or livestock.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
An elevation equal to that which reflects the height of the
base flood (see definition of "base flood").
A portion of a building with the floor located below the
mean grade level. For the purposes of this chapter, any such basement
with more than four feet above grade level shall be counted as a story.
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is owner-occupied,
and in which the only meal served to guest(s) is breakfast.
The Bureau of Indian Affairs of the Department of the Interior.
A platted tract of land bounded by streets or by a combination
of streets and public parks or other recognized lines of demarcation.
An owner-occupied dwelling where lodging and meals are furnished
for compensation for three or more persons not members of the same
family.
A structure at or near the water to house boats or boating
accessories.
A structure, including a roof supported by walls, designed
or built for the support, enclosure, shelter, or protection of persons,
animals, possessions, or property of any kind.
A geographic line along a reach of navigable water (see definition
of "navigable waters") that has been adopted by an ordinance and approved
by the Menominee Tribal Conservation Department and which allows complete
filling on the landward side except where such filling is prohibited
by the floodway provisions of this chapter.
A parcel of land used for the burial and/or entombment of
deceased persons pursuant to cultural or religious protocol, as well
as health and safety regulations.
All structures used in conjunction with a cemetery use (see
definition of "cemetery"). Such structures include, but are not limited
to, mausoleums, statues, memorial markers (see definition of "memorial
marker"), worship/ceremonial buildings, and grounds keeping building.
A certification by the Department stating that the use of
land and the use and location of structures conform to the provisions
of this chapter and any additional requirements placed on the property
through the conditional use or variance procedures.
A natural or artificial watercourse with definite bed and
banks which confine and conduct normal flow of water.
A building designed or used as the principal place of worship
of a religious organization or congregation along with associated
uses, such as fellowship rooms and Sunday school rooms. The term "church"
includes temple, synagogue, etc., but does not include elementary
or secondary schools, day-care centers or seminaries.
An establishment of physicians or dentists for the examination
and treatment of persons on an exclusive outpatient basis.
An establishment for the examination and treatment of animals.
WITHOUT OUTSIDE RUNSA clinic with no facilities to house or exercise animals outside of the clinic.
FULL VETERINARIAN SERVICESOutdoor sheltering and exercising facilities are available.
The committee of the Tribal Legislature assigned to make
recommendations regarding land use situations.
A place where three or more unrelated adults reside in which
care, treatment or services above the room and board level but not
including nursing care are provided to persons residing in the facility
as a primary function of the facility.
Means, but is not limited to, any of the following facilities
licensed and operated or permitted under the authority of the Department:
child welfare agencies, group homes for children, and community-based
residential facilities; however, it does not include day-care centers,
general hospitals, special hospitals, prisons, and jails.
See definition of "municipal water system."
A use, either public or private, which because of its unique
characteristics cannot properly be classified as an approved or permitted
use in a particular district. Based on the facts in each case, the
impact of the proposed use upon neighboring lands and the public need
for that particular use at that particular location, the committee
may recommend to the Tribal Legislature to grant such a use, subject
to standards and conditions as may be deemed appropriate and necessary.
The Department of Agriculture and Food Systems, a department
of the Tribe.
[Added 9-15-2022 by Ord.
No. 22-41]
A facility used for the care of preschool or school age children
which meets the requirements of a day-care center formulated by the
Wisconsin Department of Health Services.
[Amended 1-5-2012 by Ord.
No. 11-32]
The Land Management Department, and is distinguished within
this chapter by the capitalization of the first letter ("the Department"),
unless the context clearly defines otherwise.
[Amended 9-15-2022 by Ord. No. 22-41]
The Land Management Department and all other tribal programs
and departments, and is distinguished in this chapter by a lowercase
first letter ("departments").
[Amended 9-15-2022 by Ord. No. 22-41]
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; the
placement of mobile homes; mining, dredging, filling, grading, paving,
excavation or drilling operations; or deposition of materials.
A man-made water source such as a sewage treatment facility.
A specific area designated with reference to this chapter
and the Official Zoning Maps within which the regulations governing
the use and erection of structures and the use of premises are uniformly
applied.
A natural or artificial watercourse, including but not limited
to streams, rivers, creeks, ditches, channels, canals, conduits, culverts,
waterways, gullies, ravines, or washes, in which water flows in a
definite direction or course, either continually or intermittently,
or in which runoff water accumulates permanently or temporarily, including
any adjacent area subject to inundation by overflow or floodwater.
A private roadway providing access to a street, road, or
highway.
A residential structure containing two dwelling units (see
definition of "dwelling unit, low-density multiple-family").
A residential structure or portion thereof containing a separate
and complete living area for one family, not including boardinghouses,
camping trailers, hotels, motor homes, or motels.
SINGLE-FAMILY DWELLING UNITA residential structure containing only one dwelling unit.
LOW-DENSITY MULTIPLE-FAMILY DWELLING UNITA residential structure containing two to four individual dwelling units (see definitions of "duplex" and "quad-plex").
HIGH-DENSITY MULTIPLE-FAMILY DWELLING UNITA residential structure containing more than four individual dwelling units.
A vehicular access route which is above the regional flood
(see definition of "regional flood") elevation and which connects
land located in the floodplain to land outside the floodplain, such
as a road with its surface above the regional flood elevation and
wide enough for wheeled rescue and relief vehicles.
A grant of one or more of the property rights by the property
owner to and/or for the use of the public, a corporation, or another
person or entity.
Any obstruction or illegal or unauthorized intrusion in a
delineated floodway, right-of-way, or on adjacent land.
The administration of citations and penalties in order to
compel a violator to adhere to this chapter.
Services provided by public and private utilities necessary
for the exercise of the principal, accessory, or conditional use or
service of a principal, accessory, or conditional structure. These
services include underground, surface, or overhead gas, electrical,
steam, water, sanitary sewerage, stormwater drainage, and communications
systems and accessories thereto, such as poles, wires, mains, drains,
vaults, culverts, laterals, sewers, pipes, catch basins, conduits,
cables, fire alarms, lift stations, and hydrants, but not including
buildings and structures.
A dwelling licensed as a home occupation day-care center
by the Department of Health Services, where care is provided for not
more than eight children.
[Amended 1-5-2012 by Ord.
No. 11-32]
A restaurant as identified under the definition of "restaurant"
but where the business specializes in food that can be prepared and
served quickly, usually a franchise operation (i.e., McDonald's, Dairy
Queen, etc.).
The Federal Emergency Management Agency.
The Federal Insurance Administration.
Alterations to any navigable water (see definition of "navigable
waters") and/or wetland (see definition of "wetlands") by either removing
from or adding to the water's banks or bed natural or man-made materials.
The probability of a flood occurrence. A flood frequency
is generally determined from statistical analysis. The frequency of
a particular flood event is usually expressed as occurring, on the
average, once in a specified number of years or as a percent chance
of occurring.
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood (see definition
of "regional flood") and generally associated with standing rather
than rapidly flowing water.
A map prepared by FEMA designating areas of special flood
hazard within a given community as A Zones and forming the basis for
both the regulatory and insurance aspects of the National Flood Insurance
Program. To be used as the Official Floodplain Zoning Map (see definition)
for this chapter.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
waters or the unusual and rapid accumulation or runoff of surface
waters from any source.
The portion of a river valley adjacent to the channel that
has been or may hereafter be covered with water when the river overflows
its banks at flood stages.
A graph or a longitudinal profile showing the relationship
of the water surface elevation of a flood event to locations along
the stream or river.
Any combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding primarily for the
purpose of reducing or eliminating flood damage to properties, water
and sanitary facilities, and structures and contents of buildings
in flood hazard areas.
A point two feet of freeboard (see definition of "freeboard")
above the water surface profile associated with the regional flood
(see definition of "regional flood") and the official floodway lines.
Those floodlands, including the channel, required to carry
and discharge the regional flood (see definition of "regional flood").
The sum of the usable horizontal area of the several floors
of a building as measured from the exterior walls, including interior
balconies and mezzanines, elevator shafts, stairwells and utility
rooms, but not including basements, garages, breezeways and unenclosed
porches.
The gross floor area of all buildings or structures on a
lot divided by the total lot area.
See definition of "drainageway."
The underlying base or support of a building, especially
the masonry substructure, such as a basement or crawl space.
A thoroughfare which has at least two lanes for each direction
which are separated by a median or barrier.
A factor of safety usually expressed in terms of a certain
amount of feet above a calculated flood level, compensating for the
many unknown factors that contribute to flood heights greater than
the height calculated, including but not limited to ice jams, dams,
debris accumulation, wave action, obstruction of bridge openings and
floodways, the effects of urbanization on the hydrology of the watershed,
and loss of flood storage areas due to development and grading/leveling
of the river or stream bed.
The width of a lot as measured on a public street, road,
or highway and having access to said street, road, or highway.
A structure or portion thereof owned and operated by a municipality
for parking, storing, and maintaining exclusively municipal vehicles.
An accessory structure or portion of a principal structure
utilized for the private storage of motor vehicles.
A structure or portion thereof, whether privately or municipally
owned, where motor vehicles of the general public are stored for compensation
or for free.
An area of cultivated or a structure such as a planter box,
pot, or raised bed, devoted in whole or in part to (1) the growing
of herbs, fruits, or vegetables, or (2) composting.
[Added 9-15-2022 by Ord.
No. 22-41]
Garden plots where a group grows and cares for plants for
the purpose of consumption, neighborhood beautification, or education.
Community gardens are not community farming or community-supported
agriculture. Community gardens on private property may be sponsored
by the Tribe, local/grassroots group, or grants.
[Added 9-15-2022 by Ord.
No. 22-41]
A structure exclusively used for the cultivation of plants
in which natural sunlight is allowed to enter through transparent
material and temperature and humidity are controlled.
A structure from which plants, seeds, trees, and those items
related to cultivation are sold, traded, or bartered to the public.
The water that fills or saturates consolidated or unconsolidated
formations in the subsurface environment below the water table.
A fixed place of residence.
Means, but is not limited to, the following: chrome plating,
bottling, clothing manufacturing, slaughterhouse, paper and wood product
manufacturing and storage, machine shop, metal fabrication, processing,
and welding.
Damage that could result from flooding that includes any
danger to life or health or significant economic loss to a structure
or building and its contents.
A gainful occupation customarily conducted within a dwelling
or accessory building by the residents thereof which is clearly secondary
to the residential use and does not change the character of the structure
as a residence.
The planting, tending, improving, or harvesting of crops
or plants for food, cultural uses/ceremonies, comfort, or beauty.
[Added 9-15-2022 by Ord.
No. 22-41]
An establishment of physicians for the examination and treatment
of persons on an emergency, outpatient and/or inpatient basis.
See definition of "motel and hotel."
That portion of the river or stream extending from one significant
change in the hydraulic character of the river or stream to the next
significant change, usually associated with breaks in the slope of
the water surface profile, and may be caused by bridges, dams, expansion
and contraction of the water flow, and changes in streambed slope
and vegetation.
Any permanent structure that becomes part of, is placed upon,
or is affixed to real estate.
A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 of a foot, resulting in comparison of
existing conditions and proposed conditions which are directly attributable
to displacement caused by development in the floodplain. By this definition
an increase cannot be attributed to manipulation of mathematical variables
such as roughness factors, expansion and contraction coefficients,
and discharge.
An organization, either public or private, dedicated to serving
the public interest, generally a nonprofit organization.
Any establishment or premises where worn-out or discarded materials, whether purchased, donated, or abandoned, are kept or where two or more unlicensed motor vehicles, operable or inoperable, are kept or stored either for purposes of sale or otherwise. It is the intent of this definition to enhance the definitions of Chapter 546, Junked Vehicles and Mobile Homes, of this Code.
Means, but is not limited to, the following: wastepaper, scrap metal, rags, bottles, machines and machine parts, motor vehicles and motor vehicle parts, and used or secondhand items. It is the intent of this definition to enhance the definitions of Chapter 546, Junked Vehicles and Mobile Homes, of this Code.
A place where four or more dogs over the age of three months
are boarded, bred, or offered for sale.
A contract by which the Tribe conveys real estate and/or
facilities for a specified term and for a specified fee and specified
use.
The individual receiving, and therefore responsible for,
real estate from the Tribe via a lease (see definition of "lease").
Means, but is not limited to, the following: carpentry, woodworking,
bottled gas storage and distribution, radio and television broadcast
transmission functions, highway maintenance facilities, plumbing fixture
and equipment wholesale, and welding supply wholesale.
A thoroughfare which is normally entered and exited by a
ramp system and is usually characterized by continuous speed limits
of 45 miles per hour or greater and a lack of traffic stopping mechanisms
(i.e., traffic lights, stop signs, and railroad crossings). A specific
example of limited access highways is the Federal Interstate Highway
System.
A parcel of land, legally platted, which is occupied or designed
to provide space for one principal structure and approved uses, including
the open space required by this chapter.
CORNER LOTA lot situated at the intersection of two streets, roads and/or highways.
INTERIOR LOTA lot with frontage on only one street, road, or highway.
THROUGH LOTA lot other than a corner lot with frontage on two streets, roads or highways.
That area located within lot lines, not including any part
of a street, highway, alley, or railroad right-of-way or access easement.
 |
The shortest horizontal distance between the front lot and
the rear lot line measured at a ninety-degree angle from the road
right-of-way.
A lot which has been legally created prior to the effective
date of this chapter.
The horizontal distance between the side lot lines along the entire length of the front yard setback line as delineated in Article XVIII, Highway Access and Setbacks.
A yard which is kept intact with the use of applications
of herbicides, pesticides, and fertilizers.
A factory-built structure that is manufactured or constructed
under the authority of the National Manufactured Home Construction
and Safety Standards Act (42 U.S.C. § 5401) and shall be
used for human habitation. Such a structure is not constructed or
equipped with a permanent hitch or other device allowing it to be
moved, other than for the purposes of moving to a permanent site,
and shall not have permanently attached to its body or frame any wheels
or axles. A mobile home (see definition of "mobile home") is not a
manufactured home.
A monument, plaque, or artifact placed to serve as a reminder
of past events or persons.
A portable structure with a permanent chassis and axles designed
to be towed as a single unit, or in sections, upon a highway and equipped,
used or intended to be used primarily as a single-family dwelling,
with walls of rigid, uncollapsible construction, and which has an
overall length in excess of 45 feet.
A single parcel on which is provided the required space for the accommodation of two or more mobile homes, together with the necessary accessory buildings, driveways, screening and other requirements of Article V (Single-Family Mobile Home District) and Article XXIX (Modifications, Exceptions and Special Requirements).
A structure or group of structures containing rooms which
are offered to travelers for temporary accommodations in exchange
for compensation.
Means, but is not limited to, the following: any watercraft,
automobile, truck, motorcycle, trailer, semitrailer, travel trailer,
snowmobile, all-terrain vehicle, bus, or other motorized or mobile
vehicle.
A public water system that pipes water for human consumption
to at least 15 service connections used by year-round residents or
a system that regularly serves at least 25 year-round residents.
All natural inland lakes, flowages and any other waters which
have a bed and banks and in which it is possible to float a canoe
or other small craft at some time of the year, even if only during
spring floods, within the territorial limits of this chapter (see
definition of "wetlands" for comparison).
The gross area less land dedicated for public streets.
A lot of record which does not meet the minimum area, depth,
width, or frontage required by this chapter.
A structure which existed on the date of adoption of this
chapter or amendments thereto which does not conform to the yard,
parking, loading, height, and access requirements of this chapter.
The use of land, water, or structures existing at the time
of the adoption of this chapter or amendments thereto which does not
meet the requirements of this chapter and which has been continually
maintained.
Any development (see definition of "development") which physically
blocks the conveyance of floodwaters such that this development, by
itself or in conjunction with any future similar development, will
cause an increase in the regional flood height.
The use of a structure originally designed for human habitation
on a permanent basis for a specified purpose.
That Flood Hazard Boundary Map (see definition) adopted and
made part of this chapter which has been approved by the FIA office
of FEMA.
The official notification from the FIA office of FEMA that
a Flood Hazard Boundary Map or Flood Insurance Study Map has been
amended.
The original Official Zoning Map approved by the Tribal Legislature
on January 9, 1997 (see definition of "Official Zoning Map, Original"),
and all subsequent amendments and used by the Department for determining
appropriate districts.
The first Zoning Map approved by the Tribal Legislature on
January 9, 1997, and used for historical purposes by the Department
to understand the original intent of the zoning districts.
Those uses having a relatively low flood damage potential
and not involving structures.
An accessory structure (see definition of "accessory structure"
under the definition of "structure") that is an outdoor toilet facility
designed without a sewage treatment and disposal system. Another common
name is "privy."
A factory-built structure that is shipped in small sections
to the site, such as wall by wall or room by room, as opposed to a
manufactured home (see definition of "manufactured home") or a mobile
home (see definition of "mobile home") which is towed as a single
or bisected unit and is placed on site.
A portion of a lot with access to a street or alley which
is suitably surfaced and maintained for the temporary storage of motor
vehicles, but not including the display of vehicles for sale.
A space containing parking area or a stall in a private garage.
Public areas usually characterized by open space, outdoor
recreational equipment for children (i.e., swings, slides, sandboxes,
etc.) and/or memorial markers (see definition of "memorial marker").
A lot or tract of land containing two or more principal buildings
or uses developed as a unit where such buildings or uses may be located
in relation to each other rather than to a lot line or zoning district.
The recording of a lot by a certified survey map.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building. A porch
shall also have the window area greater than the wall area and shall
not be climate controlled, such as heat and/or air conditioning.
The raising of domesticated birds such as, but not limited
to, chickens, ducks, turkeys, quail, and/or geese for their meat,
eggs or feathers. Where poultry raising is allowed in residential
districts it must be done in compliance with regulations developed
by DAFS.
[Added 9-15-2022 by Ord.
No. 22-41]
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term may also apply to an alternative sewage
system approved by the Tribal Legislature, such as a substitute for
the septic tank or soil absorption field, a holding tank, a system
serving more than one structure, or a system located on a different
parcel than the structure.
The office of one engaging in an occupation requiring specialized
knowledge and often long and intensive academic preparation, including
but not limited to offices of doctors of medicine or dentistry, architects,
engineers, attorneys, musicians, or artists.
Stipulations and requirements to be satisfied prior to approval
or for continuance of approval of the use and/or structure.
Those utilities using underground or overhead transmission
lines, such as electric, telephone and telegraph, and distribution
and collection systems, such as water, sanitary sewer, and storm sewer.
A residential structure containing four dwelling units (see
definition of "dwelling unit, low-density multiple-family").
A division of a section of land according to the rules of
the original United States Government Public Land Survey System.
Those facilities which are partially public in nature, such
as churches and schools.
The source of groundwater (see definition of "groundwater")
from precipitation or surface water that percolates down into the
aquifer (see definition of "aquifer").
Permeable deposits directly overlying the aquifer (see definition
of "aquifer").
A vehicular-type portable structure without permanent foundation
that can be towed, hauled, or driven, and primarily designed as a
temporary living accommodation for recreational, camping, and travel
use, and including but not limited to travel trailers, truck campers,
camping trailers, and self-propelled motor homes.
A facility consisting of appropriate storage containers designed to accept a limited volume of recyclable materials from households, including aluminum food and beverage containers, glass food and beverage containers, magazines or other material printed on similar paper, newspapers or other material printed on newsprint, kraft paper (e.g., paper grocery bags), corrugated cardboard, office paper, plastic food and beverage containers, steel or bimetal food or beverage containers, and waste tires, that are intended to be stored temporarily in the containers provided before being taken to a resource recovery facility (see definition of "resource recovery facility") or resource recovery processing facility (see definition of "resource recovery processing facility"). Sorting, shredding, crushing, baling or other separation, other than that required of residents using a recycling dropoff station to separate recyclable materials for placement in appropriate containers, shall be prohibited. A recycling dropoff station can be a permitted or an accessory use, except when the facility accepts waste tires and then it shall be a conditional use. Also a form of a waste transfer site according to Chapter 504, Article III, Solid Waste Disposal, of this Code.
A 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 the like physical characteristics.
The flood frequency (see definition of "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.
A building in which recyclables are collected from residential and commercial sources, including aluminum food and beverage containers, glass food and beverage containers, magazines or other material printed on similar paper, newspapers or other material printed on newsprint, kraft paper (e.g., paper grocery bags), corrugated cardboard, office paper, plastic food and beverage containers, steel or bimetal food or beverage containers, or other incidental recyclable items that may be delivered from time to time, provided that no dismantling is necessary according to market requirements and in which the incoming recyclables are sorted, shredded, crushed, baled, or otherwise separated and processed using equipment not to exceed 15 horsepower for later shipment to markets. All activities that take place at a resource recovery facility shall take place inside the building, including recyclables; none of these activities shall be allowed outdoors. Dismantling, salvaging, crushing, or storage of motor vehicles, machinery, or appliances or the processing or storage of decomposable, hazardous or toxic wastes is prohibited. Also a form of a waste transfer site according to Chapter 504, Article III, Solid Waste Disposal, of this Code.
[Amended 1-5-2012 by Ord.
No. 11-32]
A resource recovery facility which collects from residential,
commercial, and industrial sources where equipment of any horsepower
may be used, outdoor storage may be allowed, and where dismantling
of separate motor vehicles' parts or components and separate machinery
parts or components may be allowed. Resource recovery processing facilities
may be allowed in conjunction with salvage yards (see definition of
"salvage yard").
A business structure consisting of a kitchen and separate
dining area whose primary purpose is to prepare and serve food to
be consumed on the premises.
A business establishment consisting of a kitchen, with or
without a dining room, where a portion of the food sold is eaten either
off the premises or within automobiles on the premises.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electrical transmission lines, oil
or gas pipeline, waterline, sanitary storm sewer, and other similar
uses.
The lines that form the boundaries of a right-of-way (see
definition of "right-of-way").
Large fragments of broken rock, thrown together irregularly
(as offshore or on a soft bottom of a water body) or fitted together
(as on the downstream face of a dam). Its purpose is to prevent erosion
by waves or currents and thereby preserve a surface, slope, or underlying
structure. It is used for irrigation channels, river improvement works,
spillways at dams, and seawalls for shore protection.
A sparsely developed area, with a population density of fewer
than 100 persons per square mile, and where the land is undeveloped
or primarily used for agricultural purposes (see definition of "agriculture")
and/or forestry management program.
Any establishment or premises where motor vehicles or other materials are collected for the purposes of dismantling, salvaging, or demolition. Refer to Chapter 546, Junked Vehicles and Mobile Homes, of this Code.
A structure used to extend a growing season. Structures can
be, but are not limited to, high tunnels, low tunnels, greenhouses,
and hoop houses. Refer to DAFS regulations regarding season-extending
structure use and approval.
[Added 9-15-2022 by Ord.
No. 22-41]
A structure used occasionally or periodically for a period
not to exceed six months of a calendar year.
Lines established parallel to rights-of-way, lot lines, or
water bodies for the purpose of defining limits within which structures,
buildings, or uses must be constructed, maintained, or confined.
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An accessory structure (see definition of "accessory structure"
under the definition of "structure"), not to exceed 144 square feet,
used primarily for the storage of material accessory to the primary
use, excluding the storage of motor vehicles as in a private garage
(see definition of "garage, private").
Lands within the following distances from the ordinary high-water
mark of navigable waters (see definition of "navigable waters"): 1,000
feet from a lake, pond, or flowage or 500 feet from a river or stream
or to the landward side of the floodplain, whichever distance is greater.
Any structure or natural object or part thereof or device
attached thereto or printed thereon which is intended to attract attention
to any object, product, place, activity, person, institution, organization,
or business. Such a display shall include any letter, word, model,
banner, flag, pennant, insignia, device, or representation used as
an announcement, direction, or advertisement.
ADVERTISING (OFF-PREMISES)A billboard, poster panel, painted bulletin board, or other sign which is used to advertise products, goods, or services which are not exclusively related to the premises on which the sign is located.
AREA IDENTIFICATIONA freestanding sign which identifies a subdivision, a multiple-residential complex consisting of three or more structures, a shopping center consisting of three or more separate business concerns, an industrial area, or an office complex consisting of three or more structures or any combination thereof.
BUSINESS (ON-PREMISES)Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located.
CAMPAIGNA sign erected for the purpose of soliciting support for or application to a candidate or a political party or relating to a referendum question during an election.
CONSTRUCTIONA temporary sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.
DIRECTIONALA sign which bears the address and name of a business, institution, church, or other use or activity plus directional arrows or information on location.
FLASHINGAn illuminated sign upon which the artificial light is not kept constant in terms of intensity or color at all times when the sign is illuminated (not including time, temperature, and public information signs).
FREESTANDINGA stationary or portable self-supporting sign not affixed to any other structure.
ILLUMINATEDA sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source.
INFORMATIONA sign giving information to employees, visitors, or delivery vehicles but containing no advertising or identification.
NAMEPLATEA sign indicating the name and address of a building and its functions or the name of an occupant thereof and the practice of a permitted home occupation.
PORTABLEA sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display or device or structure.
PROJECTINGA sign, other than a wall sign, which is affixed to a building and which extends in a perpendicular manner from the building wall.
ROOFA sign which is erected, constructed, or wholly or in part upon the roof of a building and which projects completely above the parapet wall.
TEMPORARYA sign which is erected or displayed for a specified period of time.
WALLA sign which is affixed to the exterior wall or mansard roof of a building and which is parallel to the building.
Any structural change to a sign, but shall not include routine
maintenance, painting, or change of copy of an existing sign.
The entire face of a sign, including the advertising surface
and any framing, trim, or molding, but not including the supporting
structure.
The supports, uprights, bracing and framework for a sign,
including the sign area.
The art and science of growing and replacing stands of timber
on a basis of permanency.
A plan indicating the use, maintenance, and conformity to
district designated uses and structures and the need for any conditional
use permits or variance requests. Site plans shall be recorded with
Land Management Department and any additional approvals as required
by this chapter, land use agreement, or administrative or departmental
regulations.
[Added 9-15-2022 by Ord.
No. 22-41]
A structure, designed for human habitation, in which the
component parts are erected, installed, or constructed on the lot
on which the structure is to be placed.
The net result from one of two formulas to describe the incline
of land surface and is expressed as a percentage. Also called "percent
grade."
The volume of space above an area of floodplain land that
can be occupied by floodwater of a given stage at a given time, regardless
of whether the water is moving.
See definition of "shed."
That part of a building between a floor and either the next
floor above or the ceiling. A basement shall constitute a story if
it is more than four feet above grade level.
A thoroughfare which may either provide the principal means
and/or movement of pedestrian and vehicular access to abutting property.
PRIVATE STREET, ROAD OR HIGHWAYA thoroughfare which is owned and maintained by a private entity for use by a limited membership.
PUBLIC STREET, ROAD OR HIGHWAYA thoroughfare which is owned and maintained by a governmental entity for use by all members of society.
Any change in the supporting members of a building, such
as bearing walls, columns, rafters, beams, girders, footings, and
piles.
Anything constructed or erected, the use of which requires
a permanent or temporary location on or in the ground, streambed,
or lake bed, including but not limited to objects such as buildings,
sheds and cabins, fences, mobile homes, docks, dams, retaining walls,
bridges, and transmission towers.
ACCESSORY STRUCTUREA subordinate structure which is clearly and customarily incidental to and located on the same lot as a principal structure, except that mobile homes are not allowed as storage structures.
PRINCIPAL STRUCTUREThe main structure on a lot.
The vertical distance measured from the mean grade level
to the highest point of a flat-surface roof, to the deck level of
mansard roof, or to the mean height level between eaves and ridges
of gable, hip and gambrel roofs.
The minimum distance between structure or use and property
line or right-of-way line or high-water mark of a water body.
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 damaged occurred. The term does not, however, include either
any project for improvement of a structure to comply with existing
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
the replacement of doors, windows, and other nonstructural components.
Recharge area (see definition of "recharge area") upgradient
of the cone of depression, the outermost boundary of which is determined
or estimated so that the groundwater (see definition of "groundwater")
and potential contaminants will take a specific amount of time to
reach the well (see definition of "well"), e.g., five-year time of
travel.
An area adjacent to the intersection of two or more of the following: road, street, highway, or railroad. The area shall be free of visual obstructions that would prevent a driver of a vehicle from seeing another vehicle or train on the intersecting road, street, highway, or railroad. See Article XVIII, Highway Access and Setbacks, for greater detail.
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A towed structure built on a chassis, with or without compete
kitchen, toilet, and such facilities, designed to be used for temporary
habitation for travel or recreation.
The constitutional governing body of the Menominee Indian
Tribe of Wisconsin.
[Amended 9-15-2022 by Ord. No. 22-41]
That circumstance which, as a result of special conditions
which were not self-created, affects a particular lot and makes strict
conformity with restrictions governing area, setbacks, frontage, height,
or density unnecessarily burdensome or unreasonable in light of the
purposes of this chapter.
The purpose for which land or structures, or portions thereof,
are occupied or maintained.
ACCESSORY USEA use which is clearly and customarily incidental to and located on the same lot as a principal use.
PERMITTED USEA principal or accessory use of land or structures which is allowed as a matter of right within a particular district or districts provided that it conforms to all applicable requirements and standards of the district(s).
PRINCIPAL USEThe primary or main use of land or structures as distinguished from accessory use.
Any public or private distribution or waste collection and/or
disposal system, including but not limited to septic systems, private
and public wells, including their attendant facilities, public sewage
collection systems, and public utilities, such as natural gas, electric,
and telephone systems.
The waiving by the Tribal Legislature after recommendation
by the committee of the literal provisions of this chapter in cases
where their strict enforcement would cause undue hardship because
of physical circumstances unique to the property involved (limited
to height, bulk, density, and yard requirements).
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood (see definition of "regional flood") is used in regulating
floodplain areas.
An excavation opening in the ground made by digging, boring,
drilling, driving, or other methods for the purpose of obtaining groundwater,
regardless of its intended use.
A lot, parcel, or plot of land used primarily for the purpose
of locating wells to supply a municipal water system (see definition
of "municipal water system").
Those areas where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and having soils indicative of wet conditions.
A document of the same name published and distributed by
the Wisconsin Department of Natural Resources, Bureau of Water Resources
Management. The document is intended to be a model on how to conduct
a construction site in respect to water resources and erosion control.
A copy shall be kept in the Department for reference purposes.
Open space on a lot not occupied by structures.
FRONT YARDA yard extending the full width of the lot between any building and the road right-of-way line and measured perpendicular to the building at the closest point to the road right-of-way line.
REAR YARDA yard extending the full width of the lot between the rear lot line and the nearest part of the structure.
SIDE YARDA yard on each side of the structure extending from the structure to the lot line and from the front yard line to the rear yard line.
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The Director of the Land Management Department or any staff
member authorized by the Director to perform such zoning functions.
[Amended 9-15-2022 by Ord. No. 22-41]
