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Town of Holland, WI
Sheboygan County
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For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense in this chapter include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "he" includes the word "she." The word "shall" is mandatory; the word "should" is advisory; and the word "may" is permissive. Any words not defined in this article shall be presumed to have their customary dictionary definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A-1 REMNANT
Subsequent to the residential development, rezoning, and/or division of a property, the portion of said property that would remain undeveloped if the full residential density was attained. (For example, if a landowner split 20 acres off from a fifty-acre tract of A-1, leaving 30 acres of A-1, the A-1 remnant would be 10 acres.)
ACCESSORY USE
A building, structure, or improvement that is an integral part of, or incidental to, a principal building or structure on the same lot.
ACREAGE
For the purposes of calculating residential density and meeting minimum lot size requirements, the acreage of a parcel or lot shall be the acreage listed in the Sheboygan County tax parcel database on the date the landowner presents a certified survey to the Town for approval or applies for a building permit.
[Added 4-9-2018 by Ord. No. 2-2018]
AIRPORT, PUBLIC
Any airport that complies with the definition contained in § 114.002, Wis. Stats., or any airport that serves or offers to serve any common carriers engaged in air transport.
ALLEY
A special public right-of-way affording only secondary access to abutting properties and not intended for general traffic circulation.
ALTERNATIVE TOWER STRUCTURE
Man-made structures to which towers and/or antennas may be attached that camouflage or conceal the presence of the tower and/or antenna, including, by way of illustration, but not limited to elevated tanks, electric transmission poles or towers, nonresidential buildings, clock towers, bell steeples, and silos. See "communications tower."
ANIMAL UNIT
One animal unit shall be defined in accordance with § NR 243, Wis. Adm. Code, except that the animal unit for an equine shall be 1,000 pounds in the A-5 Zoning District. If the animal is not listed in the above regulation, the Town Board shall determine the calculation for such animal.
[Amended 6-15-2020 by Ord. No. 8-2020]
ANTENNA
Exterior apparatus designed for transmitting and/or receiving communications signals through electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar), or any other form of wireless telecommunications signal, including radio, television, telephone, microwave, cellular, and PCS signals. See "antenna array."
ANTENNA ARRAY
A set of interconnected antennas installed on one tower by one telecommunications provider that receives and/or transmits one type of telecommunications signal.
AREA, NET DEVELOPABLE
Those lands within a development parcel remaining after the deletion of floodlands, wetlands, lands densely covered with trees and shrub growth on slopes of 12% or greater, and all lands having slopes of 20% or greater.
ARTERIAL STREET
See "street."
AUTOMOBILE SALVAGE YARD
Any premises on which two or more disassembled, inoperable, junked or wrecked motor vehicles are stored in the open. (See "junkyard.")
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet, which, if used for dwelling, office, or similar purposes, shall be counted as a story.
BOARDER
An individual other than a member of the family occupying the dwelling unit or part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.
BOARDINGHOUSE
A dwelling or part thereof, other than a hotel or motel, in which the owner or operator provides lodging to more than three boarders.
BOATHOUSE, PRIVATE
A building designed exclusively for the sheltering of boats or related marine equipment, not below the ordinary high-water mark of a navigable body of water and not used for human habitation. (A boathouse with rooms above for lodging is defined as a "dwelling" and shall be treated as such in this chapter.)
BUILDABLE LOT AREA
The portion of a lot remaining after required yards have been provided.
BUILDING
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 of any kind or nature.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHT
The vertical distance of a building measured from the average elevation of the finished grade along the front yard face of the structure to the highest point of the roof.
BUILDING LINE
A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BULKHEAD
A retaining wall created along a body of water behind which fill is placed.
BULKHEAD LINE
A geographic line along a reach of a navigable body of water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to § 30.11, Wis. Stats., and which allows complete filling on the landward side except where such filling is prohibited by the floodway provisions of this chapter.
BUSINESS
An occupation, employment, or enterprise that occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered, other than home occupations.
CAR WASH
A structure containing facilities for washing vehicles using a chain conveyor or other method of moving the vehicles along and automatic or semiautomatic application of cleaner, brushes, rinse water, and heat for drying.
CARPORT
A structure having a roof, with or without supporting walls, posts, or columns, used, designed, or intended to be used for the protection or shelter of private motor vehicles. For the purposes of this chapter, a carport shall be considered to be the equivalent of a garage.
CELLAR
A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet.
CLINIC
An establishment for the medical examination and treatment of patients, but where patients are not usually lodged overnight. For the purposes of this chapter, a doctor's or dentist's office in his own home, when it complies with the requirements of this chapter relating to such offices, shall not be considered a clinic, but any doctor's or dentist's office which is not a part of his own home, or the office of two or more doctors or dentists, whether in a dwelling or not, shall be considered a clinic.
CLUB
An association of persons organized for some common purpose and usually characterized by membership qualifications, payment of dues, regular meetings, and a constitution and bylaws, but not including groups organized primarily to render a service that is customarily carried on as a business (e.g., racquet clubs operated for profit).
CLUSTER DEVELOPMENT
A form of residential development that concentrates buildings or lots on a part of the site to allow the remaining land to be used for open space areas, recreation, and preservation of environmentally sensitive features. The concentration of lots is facilitated by a reduction in lot size. A cluster development will consist of one or more cluster groups surrounded by open space areas.
CLUSTER GROUP
A group of single-family detached dwellings within a cluster development, surrounded by open space areas that comprise at least 60% of the gross tract area. The rear lot lines of the lots within the group shall define the outer boundary of a cluster group.
CO-LOCATION
Location of antennas or antenna arrays operated by more than one wireless communications service provider on a single tower or alternative tower structure.
COMMERCIAL FEED LOT
An animal confinement facility used or designed for the feeding or holding of 1,000 or more animal units for a period of 30 days or more.
COMMERCIAL KITCHEN
A small-scale food processing and/or sales facility licensed by the Wisconsin Department of Agriculture, Trade and Consumer Protection.
[Added 5-19-2020 by Ord. No. 4-2020]
COMMON ELEMENTS
Land amenities, parts of buildings, central services and utilities, and any other facilities owned and used by all condominium unit owners and designated in the master deed as common elements.
COMMON FACILITIES
All the real property and improvements set aside for the common use and enjoyment of the residents of a cluster group, including but not limited to buildings, open space, private streets, parking areas, walkways, recreation areas, drainage easements, and any utilities that serve more than one unit, such as sewerage and water supply facilities.
COMMON OWNERSHIP
Ownership of land by the same individual, married couple, joint tenants, or tenants in common. For example, a parcel owned by John Smith is considered to be in common ownership with a parcel owned by John and Mary Smith, husband and wife. A parcel owned by John Smith is not considered to be in common ownership with a corporation, LLC, partnership, estate, or trust in which John Smith has an interest.
COMMUNICATIONS TOWER
Any structure that supports one or more antennas, including self-supporting lattice towers, guyed towers, monopole towers, and alternative tower structures, and further including all bases and supports for the structure of the tower.
COMMUNITY ASSOCIATION
A condominium association or homeowners' association.
COMMUNITY LIVING ARRANGEMENT
The following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats.; group homes or foster homes under § 48.02(6) and (7), Wis. Stats.; and community-based residential facilities under § 50.01, Wis. Stats., but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with §§ 46.03(22), 59.69(15) and 62.23(7)(i), Wis. Stats., and amendments thereto.
COMMUNITY SUPPORTED AGRICULTURE (CSA)
A farm supported in full or in part by individuals from the surrounding region who pledge their monetary and/or physical assistance to the farm operation in exchange for shares of the harvest.
[Added 5-19-2020 by Ord. No. 4-2020]
COMPREHENSIVE PLAN
A comprehensive long-range plan intended to guide the growth and development of a community or region, and one that includes analysis, recommendations, and proposals for population, housing, economy, transportation, community facilities, and land use.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
An animal feeding unit as defined in Ch. NR 243, Wis. Adm. Code.
[Amended 6-15-2020 by Ord. No. 8-2020]
CONDITIONAL USE
A use of a special nature so as to make impractical its predetermination as a permitted use in a district.
CONDOMINIUM
A form of real property ownership under which a declaration of condominium has been recorded pursuant to Ch. 703, Wis. Stats. Typically, a building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION
The community association that administers and maintains the common property and common elements of a condominium.
CONSERVATION EASEMENT
The grant of a property right or interest from the property owner to another person, agency, unit of government, or other organization stipulating that the described land shall remain in its natural, scenic, open, or wooded state, precluding future addition or development.
CONSISTENT WITH AGRICULTURAL USE
Furthers or does not contradict any of the following activities conducted for the purpose of producing an income or livelihood: crop or forage production; keeping livestock; beekeeping; nursery, sod, or Christmas tree production; floriculture; aquaculture; fur farming; forest management; enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program; any other use that DATCP, by rule, identifies as an agricultural use.
CONTIGUOUS
Parcels that adjoin and are not divided by a public road. (Parcels are not contiguous if they meet only at a single point.)
DATCP
The Wisconsin Department of Agricultural, Trade and Consumer Protection.
[Amended 5-19-2020 by Ord. No. 4-2020]
DAY-CARE CENTER
An establishment providing care and supervision for four or more persons under the age of seven and licensed by the State of Wisconsin pursuant to § 48.65, Wis. Stats.
DEED RESTRICTION
A restriction upon the use of a property set forth in a deed.
DEVELOPMENT
The division of a parcel of land into two or more parcels or 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.
DWELLING
A building designed or used as a residence, but does not include boardinghouses, hotels, motels, tents or cabins.
[Amended 1-9-2023 by Ord. No. 2023-01]
DWELLING UNIT
One or more rooms designed, occupied, used, or intended to be occupied or used, as separate living quarters, with a food preparation area and sleeping and sanitary facilities provided within such room(s). Dwelling units include residential, tourist room house, seasonal employee housing and dormitory units.
[Amended 1-13-2020 by Ord. No. 1-2020; 6-15-2020 by Ord. No. 8-2020]
DWELLING, ATTACHED
A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED
A dwelling that is not attached to any other dwelling by any means.
DWELLING, MULTIPLE-FAMILY
A dwelling designed for occupancy by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.[1]
[Amended 1-13-2020 by Ord. No. 1-2020]
DWELLING, SEMIDETACHED
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling is located on a separate lot.
DWELLING, SINGLE-FAMILY
A detached dwelling designed for or occupied exclusively by one family.
[Amended 1-13-2020 by Ord. No. 1-2020]
DWELLING, TOWNHOUSE
A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common, fire-resistant walls.
DWELLING, TRIPLEX
A dwelling containing three dwelling units, each of which has direct access to the outside or to a common wall.
DWELLING, TWO-FAMILY (DUPLEX)
A dwelling on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
[Amended 1-13-2020 by Ord. No. 1-2020]
EGG PRODUCTION, COMMERCIAL
An animal confinement facility used or designed for the raising of poultry for egg production having a capacity of 10 or more animal units.
ELDER-CARE FACILITY
A long-term residential care facility, such as a continuing care retirement community, community-based residential facility, residential care apartment complex, adult day service, or skilled nursing facility.
EMERGENCY SHELTER
Public or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare, fire, flood, windstorm, riots, and invasions.
FAA
Federal Aviation Administration.
FAMILY
One or more individuals occupying a dwelling unit and living as a single household unit.
FARM
All contiguous land under common ownership that is primarily devoted to agricultural use.
FARM ACREAGE
Size of a farm in acres.
FARM CONSOLIDATION
The combination of two or more farms to create a smaller number of farms.
FARM MARKET/ON-FARM MARKET/FARM DIRECT MARKETING
The sale of agricultural products or value-added agricultural products, at least 50% of which was produced on-site, directly to the consumer.
[Added 5-19-2020 by Ord. No. 4-2020]
FARM OPERATION, LARGE-SCALE
An operation that includes the cultivation or production of plants on 100 acres or more of land or the husbandry of 1,000 animal units or more, as defined in accordance with Ch. NR 243, Wis. Adm. Code.
[Amended 6-15-2020 by Ord. No. 8-2020]
FARM OPERATION, SMALL-SCALE
An operation that includes the cultivation or production of plants on 99 acres or less of land and the husbandry of 999 animal units or less, as defined in accordance with Ch. NR 243, Wis. Adm. Code.
[Amended 6-15-2020 by Ord. No. 8-2020]
FARM RESIDENCE
Any of the following structures that is located on a farm:
A. 
A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following:
(1) 
An owner or operator of the farm.
(2) 
A parent or child of an owner or operator of the farm.
(3) 
An individual who earns more than 50% of his or her gross income from the farm.
B. 
A migrant labor camp that is certified under § 103.92, Wis. Stats.
FARMLAND PRESERVATION ZONING (FPZ) DISTRICT
An area consisting of lands zoned A-1 Prime Agricultural District, A-1-D Prime Agricultural District (maximum residential density reached), A-1-S Prime Agricultural District - Small-Scale, and/or A-PR Prime Agricultural Parcel Remnants District in the Town of Holland, Sheboygan County, Wisconsin.
FARMSTEAD
A group of existing buildings with accessory structures, such as barns, silos, storage sheds, cribs, and coops, used for agricultural purposes and which may or may not include a dwelling.
FCC
Federal Communications Commission.
FLAG LOT
A lot that conforms in all respects to area and dimensional requirements of the zoning district in which it is located, except that the only street frontage and access is limited to an access strip. This definition does not include the commonly used wedge-shaped lots located on the bulb of a cul-de-sac street.
FLOATING ZONE
An unmapped zoning district where all the district requirements are contained in this chapter and the district is fixed on the map only when an application for development, meeting the district requirements, is approved.
FLOOR AREA RATIO
The gross floor area of all buildings on a lot divided by the lot area.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FOOD PREPARATION AREA
Any part of a building containing three or more of the following facilities:
[Added 4-10-2017 by Ord. No. 3-2017; amended 6-15-2020 by Ord. No. 8-2020; 2-8-2021 by Ord. No. 1-2021]
A. 
Cooking, including stoves, ranges, ovens, cooktops, microwave ovens with a capacity of one cubic foot. or greater, or countertop appliances such as grills, hot plates, toaster ovens, roasters, and slow cookers, but excluding coffee makers, top-slot toasters, or microwave ovens with a capacity less than one cubic foot.
B. 
Refrigeration with a capacity greater than 3.5 cubic feet.
C. 
Sink with a bowl depth greater than four inches and any other bowl dimension greater than 13 inches.
D. 
Storage with a capacity greater than 24 cubic feet intended or used for food, cookware, dishes, or related utensils.
FRONTAGE
That side of a lot abutting on a street; the front lot line.
FUR FARM
Any property comprising land or buildings, or both, used for the purpose of raising or harboring fur-bearing animals, including those defined in § 29.001(30), Wis. Stats., and also including chinchillas and other fur-bearing animals, if any, whether the animals are kept for breeding or slaughtering or pelting purposes.
GARAGE, PRIVATE
An accessory building or accessory portion of a main building or use that is used primarily for the parking and storage of vehicles owned and operated by the residents or visitors of the principal use and which is not available to the general public.
GARAGE, PUBLIC
Any building or portion thereof, not accessory to a residential building or structure, used primarily for the parking and storage of vehicles and available to the general public.
GARAGE, REPAIR
Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
GOVERNING AUTHORITY
The Town Board of the Town of Holland or, in cases in which authority has been delegated by ordinance, the Town Plan Commission.
GRADE
The degree of rise or descent of a sloping surface.
GRADE, FINISHED
The final elevation of the ground surface after development.
GRADE, NATURAL
The elevation of the ground surface in its natural state, prior to any development.
GRADING
Any stripping, excavating, filling, stockpiling, or any combination thereof, including the land in its excavated or filled condition.
GROUND FLOOR
The first floor of a building other than a cellar or basement.
HOME OCCUPATION
Any occupation for gain or support conducted entirely within buildings by resident occupants that is customarily incidental to the principal use of the premises.
HOME PROFESSIONAL OFFICE
A home occupation consisting of the office of a practitioner of a recognized profession meeting the requirements of Article VII of this chapter.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
HOTEL
A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreation facilities.
HOUSEHOLD
A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERMEABLE SURFACES
All surfaces that restrict or limit percolation of precipitation. This includes, but is not limited to, driveways, concrete or asphalt surfaces, and roofed structures.
JOINT EXTRATERRITORIAL ZONING COMMITTEE
Any zoning committee established in accordance with § 62.23(7a), Wis. Stats.
JUNKYARD
Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, or machinery or two or more disassembled, inoperable, junked or wrecked motor vehicles.
KENNEL
An establishment, in which more than four dogs or domesticated animals more than one year old are housed, groomed, bred, boarded, trained, or sold.
LAND DIVISION
The act of division that creates two lots or building sites. See also the definition for "major land division" and "minor land division."
LAND DIVISION, MAJOR
The act of division that creates three or more lots or building sites, inclusive of the original remnant parcel, by a division or by successive divisions of any part of the original property within a period of five years.
LAND DIVISION, MINOR
The act of division that creates two lots or building sites, inclusive of the original remnant parcel, by a division of any part of the original parcel.
LANDSCAPE AND SUPPLY OPERATION
A lot or a portion of a lot used to sell, display and/or store (outdoors) materials and products associated with the service trade of a landscape business or contractor. The lot or a portion of a lot may also be used to store and maintain vehicles and equipment (i.e., tractors, snowplows, etc.) required in the service trade.
LIVESTOCK
Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
LOADING AREA
An off-street space or berth used for the loading or unloading of commercial vehicles.
LOT
An area of land having frontage on a public road or other officially approved means of access and sufficient in size to meet the lot width, frontage, area, and yard requirements of the district in which it is zoned. Such area of land shall not be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.
[Amended 6-15-2020 by Ord. No. 8-2020]
LOT COVERAGE
That portion of the lot that is covered by buildings and structures.
LOT DEPTH
The distance measured from the front lot line to the rear lot line.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way line.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line or, in the case of triangular or other irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
LOT, CORNER
A lot abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle of 135° or less.
LOT, INTERIOR
A lot other than a corner lot.
LOT, REVERSE FRONTAGE
A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
LOT, SUBSTANDARD
An area of land having frontage on a public road or other officially approved means of access and having insufficient size to meet the lot width, frontage, area, yard, off-street parking area, or other open space provisions of the district in which it is zoned.
[Amended 6-15-2020 by Ord. No. 8-2020]
LOT, THROUGH
A lot which fronts upon two substantially parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
MANUFACTURED HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. This term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.
MOBILE HOME
A single-family dwelling built on or before June 15, 1976, designed to be towed or transported and used as a residential dwelling, but does not include a manufactured home. "Mobile home" also means any coach, cabin, trailer, travel trailer, motor home, house car or other structure which is, or was originally constructed or designed to be, transported by any motor vehicle upon a public highway and designed, equipped or used for sleeping, eating or living quarters or as a place of business, or is intended to be so used, whether mounted upon wheels or supports or capable of being moved by its own power or transported by another vehicle, and includes any additions, attachments, foundations, annexations or appurtenances thereto.
MOTEL
A series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.
NONCONFORMING LOT
A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter but which fails thereafter to conform to the present requirements of the zoning district.
NONCONFORMING STRUCTURE
Any structure conforming in respect to use but not in respect to the frontage, width, height, area, yard, parking, loading, or distance requirements of this chapter.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision, or amendment of this chapter but which fails thereafter to conform to the present requirements of the zoning district.
NONFARM RESIDENCE
A single-family or multifamily residence other than a farm residence.
NONFARM RESIDENTIAL ACREAGE
The total number of acres of all parcels on which nonfarm residences are located.
OPEN SPACE
A parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining such open space.
PARCEL
A "tax parcel" as identified in the current records of the Sheboygan County Treasurer's Office.
PARK, PUBLIC
A tract of land designated and used by the public for active and passive recreation.
[Amended 8-13-2018 by Ord. No. 6-2018]
PARKING LOT
An off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles.
PARTY DRIVEWAY (also called "COMMON PASSAGEWAY")
A single way providing vehicular access to two adjoining properties.
PARTY WALL
A common, shared wall between two separate structures, buildings, or dwelling units.
PATIO (also called "TERRACE")
A level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.
PERMANENT
A period exceeding 60 days in a year.
PERMITTED USE
A use by right that is specifically authorized in a particular zoning district.
PERSON
An individual, group of individuals, partnership, firm, corporation, association, state, county, town, city, village, special district, or other government corporation, or any other legal entity.
PLANNED UNIT DEVELOPMENT
An area of land, controlled by a single owner, corporation, or any other legal entity, to be developed as a single entity for a number of buildings, the plan for which is unique in its mixture of land uses and open spaces and not specifically provided for by applying customary block, lot, and density requirements of this chapter.
POWER-GENERATING STRUCTURE
A wind turbine or methane-generating system derived from manure produced on the property intended for the generation of power.
PRACTICAL DIFFICULTY
A unique circumstance or condition relative to the owner's property that prevents the owner from enjoying the use of the property as others in the same zoning district are generally able to do.
PREEXISTING ANTENNA OR TOWER
Any antenna or tower constructed prior to November 8, 1982, or the effective dates of any amendments to this chapter affecting the requirements for an antenna or tower.
PRINCIPAL USE
The main or predominant use of property or structures as permitted on a lot by the regulations of the district in which it is located, as distinguished from a subordinate or accessory use.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of that profession. (See "home professional office.")
PROHIBITED USE
A use that is not permitted in a zoning district.
QUALIFYING A-1 AND/OR A-1-S LAND
Twenty contiguous acres of A-1 and/or A-1-S land, under common ownership, with sufficient road frontage, that contains at least one site with sufficient area and soil formation for a residence and an on-site waste disposal system. Said area cannot be within a floodplain.
RECREATION FACILITY
A place, private, public, or commercial, designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities.
RECREATIONAL VEHICLE
A vehicle that includes a cabin for sleeping, eating and/or living accommodations and is commonly used for recreational travel and touring. Vehicles included in this category come in several forms but are not limited to those listed here: travel trailers, tent trailers and camping trailers, all of which must be towed by another vehicle; and truck campers, motor homes and camper vehicles or vehicles modified to function as a motor home or camper vehicle, all of which have a motor within the body of the vehicle and are self-propelled.
RESTRICTIVE COVENANT
See "deed restriction."
RETAIL SERVICES
Establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, education, social services, museums, and galleries.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RIDING STABLE
An establishment where horses are boarded and cared for and where instruction in riding and showing is offered and where the general public may, for a fee, hire horses for riding.
ROADSIDE STAND
A small seasonal structure, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed, and used solely for the sale of farm products produced on the premises or adjoining premises.
ROOMING HOUSE
See "boardinghouse."
SEMI-TRAILER
A trailer without a front axle and with wheels only at the trailing end, designed to be pulled via a pivoting arrangement which also partially supports it weight. Semi-trailers not in road-operable condition are subject to the same requirements and restrictions as shipping containers.
[Added 10-18-2021 by Ord. No. 8-2021]
SEPARATION DISTANCE
The required dimensional distance between the outer boundary of a cluster group and another specified feature of development.
SERVICE STATION
Any building, structure, premises, or other place used or intended to be used for the retail dispensing, sale, or offering for sale of any motor fuel or oils, having pumps and storage tanks; also where battery, tire, and similar services are rendered, but not including buildings or premises where such business is incidental to the conduct of a municipal garage used for the repair or storage of motor vehicles.
SETBACK
The linear distance between a front, side, and rear lot line and a building or other structure located on such lot. A setback shall be measured at a right angle from each lot line from which a setback is required, and it shall be measured to the nearest line of the building or other structure for which a setback is required.
SHIPPING CONTAINER
A standardized reusable steel box used for the storage and movement of materials and products within a freight transport system, which was specifically designed or used to store goods or merchandise during shipping or hauling by container upon ships, rail, or other types of transportation and are usually eight feet wide by eight feet, six inches high by either 20 feet or 40 feet in length.
[Added 10-18-2021 by Ord. No. 8-2021]
SHORELANDS
Those lands lying within the following distances: 1,000 feet from the ordinary high-water mark of navigable lakes, ponds, and flowages and 300 feet from the ordinary high-water mark of navigable streams, or to the landward side of the floodplain, whichever is greater.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersections.
SIGN
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
STORY
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, and including those basements used for the principal use.
STORY, HALF
A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
STREET
Any vehicular way which is an existing state, county, or local roadway, or is shown upon a plat or survey map approved pursuant to law, or is approved by other official action, and includes the land between the street right-of-way lines, whether improved or unimproved.
STRUCTURAL ALTERATION
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, and girders, or in the dimensions or configurations of the roof or exterior walls.
STRUCTURE
Any erection, construction or placement, such as buildings, towers, signs, and carports, excepting fences, utility lines and appurtenances.
[Amended 5-19-2020 by Ord. No. 5-2020; 4-10-2023 by Ord. No. 2023-06]
SUPER-MAJORITY VOTE OF APPROVAL
A vote of approval by at least four of the five members of the Town of Holland Board of Supervisors, except in those instances when, due to conflict of interest, one or more members abstains from voting; in such instances an approving vote of at least three of the four members voting, or three of the three members voting, is required.
TRACT
All contiguous land under a common ownership and within the same zoning district.
TRUCK FARMING
Farming that produces vegetables for sale commercially.
TURNING LANE
An existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade-separated interchange ramps.
UNNECESSARY HARDSHIP
For an area variance, unnecessary hardship results when compliance with this chapter would unreasonably prevent the owner from using the property for a permitted purpose or be unnecessarily burdensome.
U-PICK OPERATION
A fruit- or vegetable-growing farm that provides the opportunity for customers to pick their own fruits or vegetables directly from the plant.
[Added 5-19-2020 by Ord. No. 4-2020]
USE
The purpose or activity for which the land or building thereon is designed, arranged, or intended or for which it is occupied or maintained.
UTILITIES
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, power and communications transmission lines, 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, and storage yards.
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
YARD
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation or as may be specifically provided in this chapter. The street and rear yards extend the full width of the lot.
YARD, FRONT
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Also called "street yard." Corner lots shall have two such yards.
YARD, REAR
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the front yard or one of the street yards on a corner lot.
YARD, SIDE
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 line parallel thereto through the nearest point of the principal street.
YARD, STREET
See "yard, front."
[1]
Editor's Note: The former definition of "dwelling, quadruplex," which immediately followed this definition, was repealed 2-8-2021 by Ord. No. 1-2021.