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.
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 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.
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.
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, 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.
[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 CONSOLIDATION
The combination of two or more farms to create a smaller
number of farms.
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.
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, 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 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, 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.
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 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.")
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.
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.
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.