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.
A use or detached structure subordinate to the principal
use of a structure, land, or water and located on the same lot or
parcel serving a purpose customarily incidental to the principal use
or the principal structure.
A structural poster panel or painted sign, either freestanding
or attached to the outside of a building, for the purpose of conveying
information, knowledge or ideas to the public about a subject either
related or unrelated to the premises upon which located.
Anything constructed or erected, either freestanding or attached
to the outside of a building, for the purpose of conveying information,
knowledge or ideas to the public about a subject either related or
unrelated to the premises upon which located.
A special public right-of-way affording only secondary access
to abutting properties.
A portion of a residential or commercial building used as
a separate housing unit.
See "dwelling, multiple."
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways
and parkways.
A person, committee, or board to whom or to which the power
to issue a permit or make a determination, decision, or judgment has
been delegated.
A story partly underground but having at least 1/2 of its
height, or five or more feet, below the mean level of the adjoining
ground. See Chs. Comm 20, 21 and 22, Wis. Adm. Code.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for four or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
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.
Any change or rearrangement of the supporting members, such
as bearing walls, beams, columns or girders, of a building, an addition
to a building, or movement of a building from one location to another.
The total area bounded by the exterior walls of a building
at the floor levels, but not including basement, utility rooms, garages,
porches, breezeways and unfinished attics.
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
The vertical distance from the highest point of a finished
grade along the front of the building to the highest point of a flat
roof, or to the deckline of a mansard roof, or to the mean height
between eaves and ridge for gable, hip or gambrel roofs.
A building in which the principal use of the lot on which
it is located is conducted.
An occupation, employment, or enterprise which occupies time,
attention, labor and materials or wherein merchandise is exhibited
or sold or where services are offered, other than home occupations.
See "garage."
A building used by a group of doctors for the medical examination
or treatment of persons on an outpatient or nonboarding basis only.
Shops where clothing is repaired, such as shoe repair shops,
seamstress, tailor shops, shoe shine shops, and clothes-pressing shops,
but not employing over five persons.
Retail stores where clothing is sold, such as department
stores, dry goods and shoe stores, and dress, hosiery and millinery
shops.
A building owned, leased or hired by a nonprofit association
of persons who are bona fide members, the use of which is restricted
to said members and their guests.
Confinement of 200 or more head of livestock on a farm or
other site for the purpose of intensive feeding prior to slaughter
or shipment in such concentration that ground vegetation is substantially
destroyed where:
The following facilities licensed or operated or permitted
under the authority of Wisconsin Statutes: child welfare agencies
under § 48.60, Wis. Stats., group homes under § 48.02(7),
Wis. Stats., and community-based residential facilities under § 50.01,
Wis. Stats., but does not include nursing homes, general hospitals,
special hospitals, prisons and jails. The establishment of a community
living arrangement shall be in conformity with applicable sections
of the Wisconsin Statutes, including §§ 46.03(22),
59.69(15), 62.23(7)(i), and 62.23(7a), and amendments thereto, and
also the Wisconsin Administrative Code.[1]
Uses of a special nature as to make impractical their predetermination
as a principal use in a district, allowed only under conditions specified
under this chapter.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
An open, unoccupied space, other than a yard, on the same
lot with a building and which is bounded on two sides by the building.
Any interruption or break in the line of a street curb in
order to connect a driveway to a street or otherwise to provide vehicular
access to abutting property.
The level of the established curb in the front of the building
measured at the center of such front.
A place or home which provides care for four or more children
under the age of seven years for less than 24 hours a day and is licensed
as provided for in § 48.65, Wis. Stats.
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 City for which the regulations of
this chapter governing the use and location of land and buildings
are uniform.
A mobile home consisting of two mobile home sections combined
horizontally at the site while still retaining their individual chassis
for possible future movement.
An establishment used for the sale, dispensing or serving
of food, refreshments, or beverages in or on disposable plates and
cups, including those establishments where customers may serve themselves
and may eat and drink the food, refreshments, and beverages on or
off the premises.
A building designed or used exclusively as a residence or
sleeping place, but does not include boardinghouses or lodging houses,
motels, hotels, tents, cabins, or mobile homes.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums, with the number
of families in residence not to exceed the number of dwelling units
provided.
A detached building designed, arranged or used for and occupied
exclusively by one family, whether attached, detached or semi-attached,
and shall include specially designed buildings covered by earth and
manufactured homes.
A detached building containing two separate dwelling (or
living) units designed for occupancy by not more than two families.
A building or portion thereof used exclusively for human
habitation, including single-family, two- family and multifamily dwellings,
but not including hotels, motels or lodging houses.
Public or private enclosures designed to protect people from
aerial, radiological, biological or chemical warfare, fire, flood,
windstorm, riots or invasions.
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 living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:[2]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
The sum of the gross horizontal areas of the several floors
of a dwelling unit, exclusive of porches, balconies, garages, basements
and cellars, measured from the exterior faces of the exterior walls
or from the center lines of walls or portions separating dwelling
units. For uses other than residential, the floor area shall be measured
from the exterior faces of the exterior walls or from the center line
of walls or partitions separating such uses and shall include all
floors, lofts, balconies, mezzanines, cellars, basements and similar
areas devoted to such uses.
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
A continuous structure designed to support a building that
is 48 inches (or more) below the adjacent ground, including footings.
The smallest dimension of a lot abutting a public street
measured along the street line.
A building or portion thereof used exclusively for parking
or temporary storage of self-propelled vehicles.
A building other than a private or storage garage used for
the care, repair or storage of self-propelled vehicles or where such
vehicles are left for remuneration, hire or sale. This includes premises
commonly known as "gasoline stations" or "service stations."
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances and the sale of motor vehicle accessories and
which may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such vehicles.
Retail stores where items such as art, antiques, jewelry,
books, and notions are sold.
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.
Retail stores where items such as plumbing, heating, and
electrical supplies, sporting goods and paints are sold.
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 thereto and meeting the standards in § 530-46.
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 non-self-propelled vehicle containing living or sleeping
accommodations which is designed and used for highway travel.
An open space where waste, used or secondhand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled,
including but not limited to scrap iron and other metals, paper, rags,
rubber, tires and bottles. "Junkyard" also includes an auto wrecking
yard but does not include uses established entirely within enclosed
buildings.
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
See "boardinghouse."
A parcel of land having frontage on a public street, or other
officially approved 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, yard, parking area and other open space
provisions of this chapter.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
The least distance from the rear lot line to the front lot
line.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines.
The street frontage shall be the front lot line. On a corner
lot, the primary front lot line shall be along the same street as
the front lot line of the immediately adjacent interior lot or, if
adjacent to two or more interior lots, the street frontage with the
smallest dimension.
[Amended 9-28-2015 by Ord. No. 2015-2]
The lot line which is opposite and most distant from the
front line. In the case of a four-sided lot, the owner shall select
any lot line, other than one of the front lot lines, to be the rear
lot line. In the case of a double frontage lot, the rear lot line
shall be most opposite the front lot line along the street frontage
from which access is not gained. The rear lot line of any irregularly
shaped lot or triangular lot shall be a line within the lot which
is 10 feet long and most parallel to and distant from the front lot
line. For a triangular lot which is also a corner lot there shall
be no rear lot line.
[Amended 7-19-2010 by Ord. No. 2010-02]
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The lot line that is not a front lot line or a rear lot line.
A platted lot of a recorded subdivision, certified survey
map, or parcel of land for which the deed, prior to the adoption of
this chapter, is on record with the Waupaca County Register of Deeds
and which exists as described therein.
A corner lot, the street side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
A parcel of land held in separate ownership having frontage
on a public street, or other officially approved 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.
A lot having a pair of opposite lot lines along two or more
parallel public streets and which is not a corner lot. On a through
lot both street lines shall be deemed front lot lines.
The minimum horizontal distance between the side lot lines
measured along a straight line most parallel to the front lot line.
This minimum measurement or greater is maintained from the front building
setback to the rear building setback.
A single tract of land located within a single block which,
at the time of filing for a building permit, is designated by its
owner or developer as a tract to be used, developed, or built upon
as a unit under single ownership or control.
Shops where lathes, presses, grinders, shapers, and other
wood and metalworking machines are used, such as blacksmith, tinsmith,
welding, and sheet metal shops; plumbing; and heating and electrical
repair and overhaul shops.
A roof-like structure of permanent nature which projects
from the wall of a building.
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426 complying with all
of the following requirements:
The home shall be a double wide of at least
24 feet in width and 36 feet in length.
The home shall be installed on an approved continuous
foundation system in conformity with the Uniform Building Code. The
wheels and axles must be removed. The enclosed foundation system shall
be approved by the Building Inspector and/or City Engineer; the Building
Inspector may require a plan to be certified by a registered architect
or engineer to ensure proper support for the home.
The home shall be 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.
The home shall be covered by a roof pitched
at a minimum slope of two inches in 12 inches which is permanently
covered with nonreflective material.
The home shall have a pitched roof, overhanging
eaves and such other design features required of all new single-family
dwellings located within the City of Weyauwega.
Any small, movable accessory erection or construction, such
as birdhouses, toolhouses, pet houses, play equipment, arbors, and
walls and fences under four feet in height.
A transportable structure, being eight feet or more in width
(not including the overhang of the roof) or 32 feet or more in length
(not including the overhang of the roof), built on a chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to the required utilities; excluded from this definition
are manufactured homes.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel of land which has been developed for the placement
of mobile homes and is 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.
A building containing lodging rooms having adjoining individual
bathrooms and where each lodging has a doorway opening directly to
the outdoors and more than 50% of the lodging rooms are for rent to
transient tourists for a continuous period of less than 30 days.
A building or area in which freight brought by motor truck
is assembled and/or stored for routing in intrastate and interstate
shipment by motor truck.
Any passenger vehicle, truck, truck-trailer, trailer or semitrailer
propelled or drawn by mechanical power.
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. Any such structure conforming
in respect to use but not in respect to frontage, width, height, area,
yard, parking, loading, or distance requirements shall be considered
a nonconforming structure and not a nonconforming use.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
Any building used routinely for the daytime care and education
of preschool age children and including all accessory buildings and
play areas other than the child's own home or the homes of relatives
or guardians.
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
A private road or easement extending from a private property
to a component of the public street system which the City Plan Commission
has approved as a primary means of access.
An open area other than a street, alley or place used for
temporary parking of more than four self-propelled vehicles and available
for public uses, whether free, for compensation, or as an accommodation
for clients or customers.
A structure or premises containing 10 or more parking spaces
open to the public.
An off-street space available for the parking of a motor
vehicle and which is exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
A wall containing no opening which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above and which separates contiguous buildings but is in joint
use for each building.
An open, unoccupied space, other than a street or alley,
permanently reserved as the principal means of access to abutting
property.
A tract of land which contains or will contain two or more
principal buildings, developed under single ownership or control,
the development of which is unique and of a substantially different
character than that of surrounding areas.
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed the standards in § 530-46 and only one nonresident person is employed.
The lines bounding a platted lot as defined herein.
Any sidewalk, street, alley, highway or other public thoroughfare.
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
A school limited to special instruction such as business,
art, music, trades, handicraft, dancing or riding.
An elementary or intermediate school other than a parochial
school giving regular instruction capable of meeting the requirements
of state compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds, but not including a school for mentally disabled
persons or a college or other institution of higher learning.[3]
Furniture upon which to sit having a linear measurement not
less than 24 inches across the surface used for sitting.
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 overhanging eaves/cornices shall not exceed 24 inches. Any overhang of the eave/cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of the eave/cornice over 24 inches. Uncovered steps shall not be included in measuring the setback as provided in § 530-9G.
That portion of a principal building included between the
surface of any floor and the surface of the next floor above, or if
there is no floor above, the space between the floor and the ceiling
next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area
of which does not exceed 2/3 of the floor area of the story immediately
below it, and which does not contain an independent dwelling unit.
A public or private thoroughfare which affords the principal
means of access to abutting property.[5]
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Any erection or construction, such as buildings, towers,
masts, poles, booms, signs, decorations, carports, machinery and equipment.
Any lot on which are parked two or more house trailers or
mobile homes for longer than 48 hours.
The use of property is the purpose or activity for which
the land or building thereon is designed, arranged or intended or
for which it is occupied or maintained, and shall include any manner
of standards of this chapter.[6]
A use which may be lawfully established in a particular district
or districts, provided that it conforms to all requirements, regulations
and performance standards, if any, of such districts.
The main use of land or building as distinguished from a
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, but
not including sewage disposal plants, municipal incinerators, warehouses,
shops, storage yards and power plants.
A retail business device, electrically or manually operated,
used by the general public to obtain dairy products, cigarettes, foodstuffs
or other merchandise without entering a public shop, store, market
or other such building.
A required open space on a lot which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky, except as
expressly permitted in this chapter. A yard shall extend along a lot
line and at a right angle to such lot line between side lot lines
to a depth or width specified in the yard regulations for the district
in which such lot is located.
A side yard which adjoins a public street.
A yard extending along the full width of the front lot line
between the side lot lines and extending from the abutting front street
right-of-way line to a depth required in the yard regulations for
the district in which such a lot is located.
A yard extending along the full width of the rear lot line
between the side lot lines and extending toward the front lot line
for a depth as specified in the yard regulations for the district
in which such lot is located.
A yard extending along the side lot line between the front
and rear yards, having a width as specified in the yard regulations
for the district in which such lot is located.[7]
That yard which must be provided on a zoning lot in a business
district which adjoins a zoning lot in a residential district or that
yard which must be provided on a zoning lot in an industrial district
which adjoins a zoning lot in either a residential or business district.
This dwelling unit type consists of a single-family residence
which is attached on one side to another single-family residence.
A zero lot line duplex is distinguished from a duplex merely by having
each unit located on an individual lot. These dwelling unit types
shall not be split into additional residences.
An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of buildings
and premises are uniform.
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The following definitions were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "sign, awning"; "sign copy"; "sign face"; "sign, ground"; "sign, portable"; "sign, projecting"; "sign, roof"; "sign, wall"; and "sign, window."
[7]
Editor's Note: The definition "yard, street" which immediately followed this definition was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Throughout this chapter, references to "street yard" were amended to read "front yard" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
