For the purposes of this chapter, the following definitions
shall be used:
ACCESSORY USE OR STRUCTURE
A subordinate structure located on the lot, the use of which is clearly incidental to and associated with the principal structure. Where an accessory structure is attached to the principal structure, in a substantial manner, as by a roof, such accessory structure shall be considered as a part of the principal structure. Examples of accessory structures are detached garages, carports, playhouses, sheds, private greenhouses, gazebos, storage buildings, wind-generating devices, swimming pools, and radio- and television-receiving antenna towers and dishes, etc. (See each district for specifications, as well as Article
II.)
ALLEY
A special public right-of-way affording only secondary access
to abutting properties.
APARTMENT
A portion of a residential or commercial building used as
a separate housing unit.
AREA VARIANCE
A modification to a dimensional, physical, or locational
requirement such as a setback, frontage, height, bulk, or density
restriction for a structure that is granted by the Board of Appeals
under this Code.
[Added 8-6-2018 by Ord.
No. 520-15]
ARTERIAL STREET
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways
and parkways.
BASEMENT
That portion of any structure located partly below the average
adjoining lot grade.
BOARDINGHOUSE
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for four or more persons not members of a family, but not exceeding
12 persons, animals, equipment, machinery or materials.
BUILDING ALTERATIONS
Any change or rearrangement of the supporting members such
as bearing walls, beams, columns or girders of a building, an addition
to a building, or movement of a building from one location to another.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of flat roofs; to the ridge of gable, gambrel,
hip, and pitch roofs; or to the deck line of any mansard roofs.
BUSINESS
Includes the commercial, limited industrial and general industrial
uses and districts as herein defined.
CONDITIONAL USE
A use allowed under a conditional use permit, special exception,
or other special zoning permission issued by the Village, but does
not include a variance.
[Amended 8-6-2018 by Ord.
No. 520-15]
CONFORMING USE
Any lawful use of a building or lot, which complies with
the provisions of this chapter.
CORNER LOT
A lot abutting two or more streets at their intersection
provided that the comer of such intersection shall have an angle of
135° or less, measured on the lot side.
DWELLING
A detached building designed or used exclusively for human
habitation, including single-family, two-family and multifamily dwellings,
but not including hotels, motels or lodging houses.
DWELLING, MULTIPLE
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, attached townhouses and condominiums.
DWELLING, ONE-FAMILY
A detached building designed, arranged or used for and occupied
exclusively by one family, and shall include a manufactured home and
an earth home.
DWELLING, TWO-FAMILY
A building designed, arranged or used for, or occupied exclusively,
by two families living independently of each other.
DWELLING UNIT
A building or portion thereof used exclusively for human
habitation, including single-family, two-family and multifamily dwellings,
but not including hotels, motels or lodging houses.
EFFICIENCY
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
EMERGENCY SHELTER
Public or private enclosures designed to protect persons
from aerial, radiological, biological or chemical warfare; fire; flood;
windstorm; riots; and invasions.
ESSENTIAL SERVICES
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 sewage, 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 do not include buildings.
FAMILY
Any number of persons living together in one dwelling as
a single housekeeping entity.
FARM
Land consisting of 10 acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
FIRE-RATED or FIRE RESISTANCE
A system which has been tested in accordance with the appropriate
American Society of Testing Materials (ASTM) test standard and has
met the mechanical and endurance requirements of that standard. The
property of a material or assembly to withstand fire or give protection
from it. As applied to elements of buildings, it is characterized
by the ability to confine a fire or to continue to perform a given
structural function, or both. Such testing is conducted by a nationally
recognized laboratory which rates the system for one, two, three,
or four hours, based on the results of the fire test.
FLOOR AREA
The floor area of a building is the sum of the gross horizontal
area of the several floors of the building measured from the exterior
face of the exterior walls, or from the center line of the walls,
separating the building, but not including the basement, utility rooms,
garages, porches, breezeways and unfinished attics.
FRONTAGE
The smallest dimension of a lot abutting a public street
measured along the street line.
GARAGE
A building or portion thereof used exclusively for parking
or temporary storage of self-propelled vehicles.
GARAGE, ATTACHED
A structure for the primary purpose of storing motor vehicles,
which is connected to the principal structure by a common wall.
GARAGE, DETACHED
A structure for the primary purpose of storing motor vehicles,
and which is freestanding from the principal building.
GIFT STORES
Retail stores where items such as art, antiques, jewelry,
books and notions are sold.
HOME OCCUPATION
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises, does not exceed 20% of the area
of any floor, uses only household equipment, and no stock-in-trade
is kept or sold except that made on the premises. A household occupation
includes uses such as babysitting, millinery, dressmaking, canning,
laundering and crafts, but does not include the display of any goods
nor such occupations as barbering, beauty shops, dance schools, gift
stores, real estate brokerage or photographic studios. Door-to-door
salespersons may temporarily store stock-in-trade on the premises
provided that no stock-in-trade is displayed or sold on the premises
and no customer pickups are made.
LOADING AREA
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.
LOT
A parcel of land having frontage on a public street, occupied
or intended to be occupied by principal structure or use and sufficient
in size to meet the lot width, lot frontage, lot area, yard and parking
areas, and other open space provisions of this chapter.
LOT, INTERIOR
Any lot other than a corner lot, including a through lot.
LOT LINE
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 the street
or alley line.
LOT LINE, FRONT
Starts at the street and is any boundary of any lot which
is along an existing or dedicated street. Building street address
is based on street front lot.
LOT LINE, REAR
That boundary of a lot which is most distant from and is
parallel, or approximately parallel, to the front lot line. If the
rear lot line is less than two feet in length, or if the lot forms
a point at the rear, the rear lot line shall be deemed to be a line
10 feet in length within the lot, parallel to and at the maximum distance
from the front lot line. On corner lots, the rear lot line shall be
the boundary line opposite one of the street lot lines and established
as the rear lot line at the time of application for the building permit.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
LOT LINE, SIDE
Any boundary of a lot that is not a front or rear lot line.
LOT, THROUGH
A noncorner lot that abuts two streets; a lot having its
front and rear yards each abutting a street.
LOT WIDTH
The horizontal distance between the side lot lines.
MACHINE SHOPS
Shops where lathes, presses, grinders, shapers and other
wood and metal working machines are used such as blacksmith, tinsmith,
welding and sheet metal shops, and plumbing, heating and electrical
repair and overhaul shops.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5426, which, when placed
on a site:
A.
Is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., and Ch. COMM 21, Subchs. III, IV and V, Wis. Adm. Code.
B.
Is installed in accordance with the manufacturer's instructions.
C.
Is properly connected to utilities on the owner's property.
MOTEL
A series of attached, semiattached or detached sleeping units
for the accommodation of transient guests.
NONCONFORMING USES OR STRUCTURES
Any structure, land or water lawfully used, occupied or erected
at the time of the effective date of this chapter or amendments thereto
which does not conform to the regulations of this chapter or amendments
thereto. Any such structure conforming in respect to use but not in
respect to frontage, width, height, area, yard, parking, loading or
distance requirements shall be considered a nonconforming use.
PARKING LOT
A structure or premises containing 10 or more parking spaces
open to the public.
PARKING SPACE
A graded and surfaced area not less than nine feet wide and
20 feet long, either enclosed or open, for the parking of a motor
vehicle and having adequate ingress and egress to a public street
or alley.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners
within 100 feet and all property owners of opposite frontage.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, practitioners, dentist,
clergymen, architects, landscape architects, professional engineers,
registered land surveyors, lawyers, artists, teachers, authors, musicians
or other recognized professions used to conduct their professions
where the office does not exceed 1/2 of the area of only one floor
of the residence and only one nonresident person is employed.
REAR YARD
A yard extending across the full width of the lot, the depth
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.
SIDE YARD
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.
STREET
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
STREET YARD
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 line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two such yards.
STRUCTURE
Any erection or construction such as buildings, towers, masts,
poles, booms, signs, decorations, carports, machinery, and equipment.
SUBSTANTIAL EVIDENCE
Facts and information, other than merely personal preferences
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion.
[Added 8-6-2018 by Ord.
No. 520-15]
USE VARIANCE
An authorization by the Board of Appeals under this Code
for use of land for a purpose that is otherwise not allowed or is
prohibited by this Zoning Code.
[Added 8-6-2018 by Ord.
No. 520-15]
UTILITIES
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substitutions, 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.
YARD
A required open, unoccupied space on a lot, unobstructed
from the ground to the sky, with the exception of vegetation.
YARD, FRONT
A yard extending from the front lot line to the front setback
line. On corner lots and through lots, both street lot lines are considered
front lot lines without regard to location of the main entrance of
the principal building, identified by street address: for example,
1234 Main Street.
YARD, REAR
A yard extending from the rear setback line to the rear lot
line.
YARD, SIDE
A yard extending along the side lot line to the side setback
line and located between the front and rear yards.