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.
Have a common property line or district line.
A use or detached structure subordinate to the principal
use of a structure, parcel of land or water and located on the same
lot or parcel serving a purpose incidental to the principal use or
the principal structure.
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, and school sites, contained
within 43,560 square feet.
A public way not more than 21 feet wide which affords only
a secondary means of access to abutting property.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. Arterial streets shall
include freeways and expressways as well as arterial streets, highways
and parkways.
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-around
living accommodations. Space partly below grade which is designed
and finished as habitable space is not defined as basement space.
A tract of land bounded by streets or by a combination of
streets and public parks or other recognized lines of demarcation.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for three or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
The portion of a lot remaining after required yards have
been provided.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials. When a building is divided
into separate parts by unpierced walls extending from the ground up,
each part shall be deemed a separate building.
A building surrounded by open space on the same lot.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat roof, to the
deckline of a mansard roof or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A building in which the principal use of the lot on which
it is located is conducted.
A line parallel to the lot line at a distance therefrom regulated
by the yard requirements established in this chapter.[2]
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.
As defined in §§ 46.03(22) and 48.743(1),
Wis. Stats. The establishment of a community living arrangement shall
be in conformance with applicable sections of the Wisconsin Statutes,
including §§ 46.03(22), 59.69(15) and 62.23(7)(i) and
(7a), and amendments thereto, and also the Wisconsin Administrative
Code.[3]
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the technical guide prepared
by the United States Department of Agriculture, Natural Resources
Conservation Service, for Burnett County, adopted by the County Soil
and Water Conservation District Supervisors, and containing suitable
alternatives for the use and treatment of land based upon its capabilities
from which the landowner selects that alternative which best meets
his needs in developing his soil and water conservation plan.[4]
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.[5]
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform.
Overlay districts, also referred to herein as "regulatory
areas," provide for the possibility of superimposing certain additional
requirements upon a basic zoning district without disturbing the requirements
of the basic district. In the instance of conflicting requirements,
the more strict of the conflicting requirements shall apply.
A building designed or used exclusively as a residence or
sleeping place, but does not include 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 residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
A detached building designed for or occupied by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
A group of rooms constituting all or part of a dwelling which
are arranged, designed, used or intended for use exclusively as living
quarters for one family.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
One or more persons 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:[6]
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.
A dwelling licensed as a child-care center by the Department
of Children and Families under § 48.65, Wis. Stats., where
care is provided for not more than eight children.[7]
A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of the
floors of the building, or portion thereof, devoted to a use requiring
off-street parking or loading. This area shall include accessory storage
areas located within selling or working space occupied by counters,
racks or closets and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, "floor area," for the purposes of
determining off-street parking spaces, shall not include floor area
devoted primarily to storage purposes except as otherwise noted herein.
The primary domicile of a foster parent which has four or
fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
A detached accessory building or portion of the principal
building designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
A building where lodging only is provided for compensation
for not more than three persons not members of the family.
A parcel of land having frontage on a public street, or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area and other open space provisions
of this chapter as pertaining to the district wherein located.
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 area of a lot occupied by the principal building or buildings
and accessory buildings, including any driveways, parking areas, loading
areas, storage areas and walkways.
The area of a lot occupied by the principal building or buildings
and accessory building.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
A parcel of land held in separate ownership having frontage
on a public street, or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot area, yard, off-street parking area or other open
space provisions of this chapter as pertaining to the district wherein
located.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
The horizontal distance between the side lot lines measured
at the building setback line.
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors and
walls and fences under four feet in height.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
Any structure, use of land, use of land and structure in
combination or characteristic of use (such as yard requirement or
lot size) which was existing at the time of the effective date of
this chapter or amendments thereto and which is not in conformance
with this chapter. Any such structure conforming in respect to use
but not in respect to frontage, width, height, area, yard, parking,
loading or distance requirements shall not be considered a nonconforming
use but shall be considered nonconforming with respect to those characteristics.
A structure or premises containing five or more parking spaces
open to the public.
A graded and surfaced area of not less than 180 square feet
in area, either enclosed or open, for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
The office of a doctor, practitioner, dentist, minister,
architect, landscape architect, engineer, lawyer, author, musician
or other recognized trade. When established in a residential district,
a professional office shall be incidental to the residential occupation,
not more than 25% of the floor area of one story of a dwelling unit
shall be occupied by such office, and only one unlighted nameplate,
not exceeding one square foot in area, containing the name and profession
of the occupant of the premises shall be exhibited.
Any airport which complies with the definition contained
in § 114.002(7), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the street yard
or one of the street yards on a corner lot.
The sale of goods or merchandise in small quantities to the
consumer.
The minimum horizontal distance between the front lot line
and the nearest point of the foundation of that portion of the building
to be enclosed. The overhang cornices shall not exceed 24 inches;
any overhang of the cornice in excess of 24 inches shall be compensated
by increasing the setback by an amount equal to the excess of cornice
over 24 inches. Uncovered steps shall not be included in measuring
the setback.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade shall
be deemed a story for purposes of height regulation.
That portion of a building under a gable, hip or mansard
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than 4 1/2 feet above the finished floor
of such story. In the case of one-family dwellings, two-family dwellings
and multiple-family dwellings less than three stories in height, a
half story in a sloping roof shall not be counted as a story for the
purposes of this chapter.
Property other than an alley or private thoroughfare or travelway
which is subject to public easement or right-of-way for use as a thoroughfare
and which is 21 feet or more in width.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two street yards.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attached to something having
a permanent location on the ground.
A movable structure not designed for human occupancy or for
the protection of goods or chattels and not forming an enclosure,
such as billboards.
The purpose or activity for which the land or building thereon
is designed, arranged or intended or for which it is occupied or maintained.[11]
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except the vegetation. The
street and rear yards extend the full width of the lot.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A permit issued by the Zoning Administrator to certify that
lands, structures, air and waters subject to this chapter are or shall
be used in accordance with the provisions of said chapter.[12]
[1]
Editor's Note: The following definitions which appeared in this section were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II): "A Zones," "channel," "development," "equal degree of hydraulic encroachment," "flood," "flood insurance study," "flood profile," "flood protection elevation," "flood stage," "floodlands," "floodplain fringe," "floodproofing," "floodway," "official letter of map amendment" and "regional flood." See now Ch. 547, Floodplain Zoning.
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The definitions of "mobile home lot," "mobile home park" and "mobile home subdivision" which immediately followed this definition were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
