[Amended 1-2-1991 by Ord. No. 1326(33); 10-1-1991 by Ord. No. 1349(19); 10-1-1991 by Ord. No. 1350(20); 12-3-1991 by Ord. No. 1365(33); 12-3-1991 by Ord. No. 1366(34); 9-1-1992 by Ord. No. 1399(11); 10-6-1992 by Ord. No. 1403(14); 3-2-1993 by Ord. No. 1415(30); 4-7-1993 by Ord. No. 1421(37); 11-2-1993 by Ord. No. 1451(24); 4-6-1994 by Ord. No. 1467(40); 10-3-1995 by Ord. No. 1509(8); 10-3-1995 by Ord. No. 1510(7); 3-5-1996 by Ord. No. 1525(31); 5-6-1997 by Ord. No. 1553(2); 4-8-1998 by Ord. No. 1579(30); 12-1-1998 by Ord. No. 1594(13); 10-5-1999 by Ord. No. 1607(11); 12-7-1999 by Ord. No. 1611(13); 5-1-2001 by Ord. No. 1654(2); 11-19-2002 by Ord. No. 1702(16); 12-17-2002 by Ord. No. 1708(22); 3-18-2003 by Ord. No. 1716(30); 5-6-2003 by Ord. No. 1721(1); 11-18-2003 by Ord. No.
1740(20); 2-7-2006 by Ord. No. 1790(14); 11-9-2006 by Ord. No. 1808(12); 10-17-2006 by Ord. No.
1811(15); 3-6-2012 by Ord. No. 1943(20)]
Unless specifically defined, words and phrases in this chapter
shall have their common law meanings and shall be applied in accordance
with their common usage. Words used in the present tense include the
future; the singular number includes the plural, and the plural number
includes the singular. The word "may" is permissive; "shall" is mandatory
and is not discretionary.
A facility, structure, building or use which is subordinate
to the principal use of a structure, land, property or water and located
on the same lot or parcel, serving a purpose customarily incidental
to the principal use or the principal structure.
Average daily traffic; the average total number of vehicles
traversing a street on a typical day.
A private residence for three or four adults, or more adults
if all of the adults are siblings, each of whom has a developmental
disability, or a place where three or four adults who are not related
to the operator reside and receive care that may include up to seven
hours of nursing care per week, and as further defined in § 50.01(1),
Wis. Stats., and as licensed by the state pursuant to § 50.033,
Wis. Stats.
A special public right-of-way affording only secondary access
to abutting properties.
An existing man-made structure which is used as an alternative
to a tower and to which an antenna and/or an antenna support structure
is attached.
A machine or device which, whether mechanical, electrical,
or electronic, shall be ready for play by the insertion of currency,
a coin, token or similar object and may be operated by the public
for use as a game, entertainment, amusement, or skill, and for the
playing of which a fee is charged. An amusement game does not include
a vending machine in which gaming or amusement features are not incorporated,
nor does the term include any mechanical musical devices.
Any establishment, room, or place where more than six coin-operated
amusement devices are available to the public.
Any exterior transmitting or receiving device mounted on
a tower, building, or structure and used for communications to radiate
or sense electromagnetic waves or radio frequencies, using digital,
analog, or spread-spectrum modulation.
A structure that is attached to a tower or an alternative
tower structure and which is designed to support an antenna.
When used in describing an industrial operation, the fitting
or joining of parts of a mechanism by means of fasteners, nuts and
bolts, screws, glue, welding, or other similar techniques. "Assembly"
shall not include the construction, stamping, or reshaping of the
component parts.
A structure overhang made of canvas, metal, wood, plastic,
or other like material extended before a window, door, portico, or
entrance to a building.
The act of providing care and supervision for fewer than
four children for compensation. The term "baby-sitting" shall not
apply when the baby-sitter is a relative or guardian of a child, nor
to public or parochial schools, nor when the care and supervision
are required to be licensed pursuant to § 48.65, Wis. Stats.
A sign having characters, letters, symbols or illustrations,
which is typically nonilluminated, elongated, made of or applied to
cloth, paper, or fabric of any kind, with or without a frame, and
usually used as a temporary display for the special announcement of
a coming event.
See Chapter 119, Floodplains, for definition.
Any place of lodging that provides eight or fewer rooms for
rent in a building or buildings located on the same parcel, at least
one of which is also the owner's personal residence, which residence
is occupied by the owner at the time of any rental, providing adequate
off-street parking, and which has a permit pursuant to § 254.64,
Wis. Stats.
See the definition of "sign, off-site or off-premises."
A building, other than a hotel or restaurant, where meals
and lodging or lodging is regularly furnished by prearrangement for
compensation for four or more persons not members of a family, but
not exceeding 20 persons. A boardinghouse may accommodate group sleeping
in one room, or in a series of closely associated rooms, for persons
not members of the same family group, under joint occupancy and single
management, such as in a dormitory.
A permanent structure used for the storage of watercraft
and associated materials, and includes all structures that are totally
enclosed, have roofs or walls or any combination of these structural
parts.
Any place or premises where dirt, soil, mineral, sand, gravel,
rock, slate or other material is removed below the existing grade
or below the grade of surrounding land (other than as necessary and
incidental to site grading or building construction), the material
is unconsolidated and unprocessed, and the material is to be used
for a specific construction job located close to the excavation site.
See the definition of "bufferyard."
An area of land within the boundaries of a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or using trees, shrubs, fences and/or berms, designed to limit continuously the view and/or sound from the lot or site to adjacent lots or sites. Bufferyards are typically defined by a delineated easement graphically indicated on the face of the site plan, landscape plan, or subdivision or condominium. Bufferyards may be required between zoning districts and/or land uses to eliminate or minimize conflicts between them as set forth in § 315-52 of this chapter.
The relative sight screening value of a bufferyard as measured
by levels of intensity of bufferyard plant foliage or other characteristics
of the bufferyard, including fencing, earthen berms, or walls.
The space remaining on a lot after the minimum space requirements
of this chapter have been complied with.
The portion of a lot remaining after required yards have
been provided.
See "structure."
The total area bounded by the exterior walls of a building
at the floor levels, but not including basements, utility rooms, garages,
porches, breezeways, and unfinished attics.
A principal building surrounded by open space on the same
lot.
The vertical distance measured from the mean elevation of
the unfinished lot grade along the street yard face of the structure
to the highest point of the roof.
A line between which and any street line no buildings or
parts of buildings may be erected, altered, or maintained except as
otherwise provided for in this chapter.
A building in which the principal use of the lot on which
it is located is conducted.
Term used to indicate the size, height, area, density, intensity,
and location of structures.
An occupation, employment, or enterprise which occupies time,
attention, labor and materials, or wherein merchandise is exhibited
or sold, or where services are offered other than home occupations.
A measurement of the diameter of a tree taken six inches
from above the ground level for trees up to and including four-inch
caliper sizes and 12 inches above the ground level for larger sizes.
See the definition of "awning."
Any facility used for the washing of vehicles requiring the
installation of special equipment or machinery and plumbing affixed
to or affixed separate of a structure. Said facility shall be installed
in such a manner as not to cause spray or runoff water to encroach
upon any adjoining properties.
See Chapter 119, Floodplains, for definition.
A natural or artificial watercourse with definite bed and
banks to confine and conduct the normal flow of water.
A private establishment providing care and supervision for
nine or more persons under the age of seven where tuition, fees, or
other forms of compensation for the care of the children are charged
and which is licensed by the State of Wisconsin pursuant to § 48.65,
Wis. Stats.
Shops where clothing is repaired, such as shoe repair shops,
seamstress, tailor shops, shoeshine shops, and clothes pressing shops,
but not employing over five persons.
Retail stores where clothing is sold, such as department
stores, dry goods and shoe stores, and dress, hosiery, and millinery
shops.
A subdivision with a required minimum open space ratio as
well as other design features which foster compact development.
The provision of multiple antennas or more than one commercial
wireless communications service provider or government entity on a
single tower or support structure.
Confinement of 200 or more head of livestock on a farm or
other site for the purpose of intensive feeding prior to slaughter
or shipment in such concentration that ground vegetation is substantially
destroyed where:
A motor vehicle of various constructions principally intended
for the transportation of bulky articles, freight, or other property,
but excluding pickup trucks of 3/4 ton or less capacity.
A facility licensed or operated, or permitted under authority
of the state, as defined in § 46.03(22), Wis. Stats., including
residential care centers for children and youth operated by licensed
child welfare agencies, group homes for children, and community-based
residential facilities, and not including adult family homes, day-care
centers, nursing homes, general hospitals, special hospitals, prisons
and jails.
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 conservation practice standards
set forth in the National Handbook of Conservation Practices (NHCP),
prepared by the United States Department of Agriculture, Natural Resources
Conservation Service, and as said standards are set forth in the Wisconsin
Field Office Technical Guide, as amended, 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.
The wording on a sign surface in either permanent or removable
letter form.
A sign message such as a manual-, electronic-, or electric-controlled
time and temperature message, message center or reader board, whether
electronic, electric or manual, where copy changes.
See Chapter 119, Floodplains, for definition.
The point at which all light rays emitted by a lamp, light
source, or luminaire are - completely eliminated (cut off) at a specific
angle above the ground.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source above which light source no light is emitted.
A luminaire with elements such as shields, reflectors, or
refractor panels which direct and cut off the light at an angle that
is less than 90º.
See Chapter 119, Floodplains, for definition.
A fence intended to decorate, accent or frame a feature of
the landscape. Decorative fences are often used to identify a lot
corner or lot line or to frame a driveway, walkway or planting bed.
Decorative fences are those with more than 75% of their surface area
open for free passage of light and air. Decorative fences are often
of the picket, rail, or wrought-iron type and shall exclude chain-link
fences.
The Wisconsin Department of Natural Resources.
Any artificial change to improved or unimproved real estate,
including but not limited to the construction of buildings, structures
or accessory structures; the construction of additions or alterations
or substantial improvements to buildings, structures or accessory
structures; the repair of any damaged structure or the improvement
or renovation of any structure, regardless of percentage of damage
or improvement; the placement of buildings or structures; subdivision
layout and site preparation; a change in the intensity of the use
of land, such as an increase in the number of dwelling units in a
structure or on land or an increase in the floor area or impervious
surface area; mining, dredging, filling, grading, paving, excavation
or drilling operations; the storage, deposition or extraction of materials
or equipment; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
A part or parts of the City for which the regulations of
this chapter governing the use and location of land and buildings
are uniform, such as the residential and nonresidential zoning district
classifications.
An area designated as within the HPO Historic Preservation
Overlay District zoning classification.
Overlay districts 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 mobile home consisting of two mobile home sections combined
horizontally at the site while still retaining their individual chassis
for possible future movement.
A commercial retail, service, or personal service establishment
designed or intended to, by design of physical facilities or by service
or packaging procedures, encourage or permit customers to receive
a service or obtain a product while staying within a motor vehicle
or enable a customer in a motor vehicle parked on or moving through
the premises to transact business with a person outside the motor
vehicle. Such establishments include, but are not necessarily limited
to, financial institutions, restaurants, and dry-cleaning stores.
A paved or unpaved area used for ingress or egress of vehicles
allowing access from a street to a lot or site, use, building, or
other structure or facility.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough for wheeled rescue and
relief vehicles.
A building designed or used exclusively as a residence or
sleeping place, but does not include boarding- 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 exclusively
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.
A dwelling unit or units designed and constructed to be occupied
by elderly persons or a family, the head of which, or the spouse,
is an elderly person, as defined herein. An elderly person is a person
who is 62 years of age or older on the date such person intends to
occupy the premises.
Public or private enclosures designed to protect people from
aerial radiological, biological, or chemical warfare, fire, flood,
windstorm, riots and invasions.
Any fill, structure, equipment, building, use, or development
in the floodway.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce, or aid in the prevention, measurement,
control or monitoring of noise, air, or water pollutants, solid waste
or thermal pollution, radiation or other pollutants, including facilities
installed principally to supplement or to replace existing property
or equipment not meeting or allegedly not meeting acceptable pollution
control standards or which are to be supplemented or replaced by other
pollution control facilities.
In terms of signage, to build, construct, attach, hang, place,
suspend, or affix, and shall also include the painting of wall signs.
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.
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of the 2006
floodplain provisions of this chapter. At a minimum, this would include
the installation of utilities, the construction of streets and either
final site grading or the pouring of concrete pads.
A mobile home with one or more room sections that fold, collapse
or telescope into the principal unit when being transported and which
can be expanded at the site to provide additional living area.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading or the pouring of concrete
pads.
The elevational surface of a building.
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants. A number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family. Residents or tenants of a boardinghouse shall not be considered
a family.
A dwelling licensed as a day-care center by the State of
Wisconsin pursuant to § 48.65, Wis. Stats., where care is
provided for not more than eight children.
A band located at the top edge of a building but below the
actual roofline and above the building wall. Fascia material is typically
of a different type than either the actual roof or the building wall.
A barrier of posts, wire, rails, boards, metal sheets, trees,
shrub hedge, or other material which is used as a boundary or means
of protection or confinement.
Devices generally made of flexible materials, such as cloth,
paper, or plastic, and displayed on strings or wires.
The probability of a flood occurrence which is determined
from statistical analysis. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent (%) chance of occurring in any given
year.
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
Study, form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood (also see: "freeboard").
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of several
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, such as 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 sum of the gross horizontal areas of all floors measured
in square feet, not including the basement floor, measured from the
exterior faces of the exterior walls or from the center line of walls
separating two buildings. The floor area of a building includes elevator
shafts and stairwells at each floor, floor space used for mechanical
equipment (except equipment, open or closed, located on a roof or
in a basement), penthouses, attic space having headroom of seven feet,
10 inches, or more, interior balconies and mezzanines, enclosed porches,
and floor area devoted to accessory uses.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
A facility operated by a person required to be licensed by
the state and that provides care and maintenance for no more than
four children or, if necessary to enable a sibling group to remain
together, no more than six children, as further defined in § 48.02(6),
Wis. Stats.
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
The smallest dimension of a lot abutting a public street
measured along the street line.
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.
Retail stores where items such as art, antiques, jewelry,
books, and notions are sold.
For the purpose of determining sign height, the elevation
or level of the public street closest to the sign as measured at the
street edge of pavement.
The quotient of the total number of dwelling units on a site
divided by the entire area of the site excluding existing abutting
street rights-of-way.
An intensity measured as a ratio derived by dividing the
total gross floor area of a building or structure by the total gross
site area. This number includes those portions of a site where there
are natural resource features which would have to be preserved and
includes those portions set aside to meet landscape surface ratio
(LSR) requirements.
A sign which is supported by one or more freestanding uprights
and is not attached to any building.
See Chapter 119, Floodplains, for definition.
Retail stores where items such as plumbing, heating, and
electrical supplies, sporting goods, and paints are sold.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. A Class 1 notice is published once at least seven days
prior to the hearing. A Class 2 notice is published twice, once each
week consecutively, the last at least seven days before the hearing.
For all zoning ordinances and amendments, a Class 2 notice is required.
This chapter, or the Wisconsin Statutes, may require additional notice
exceeding these minimums.
The distance from the finished ground surface below the center
of the base of said tower or the distance from the ground of the alternative
tower structure to the highest point on the tower or alternative tower
structure or any fixture attached thereto (including an antenna),
whichever is highest. In the case of an alternative tower structure,
the height includes the height of that portion of the alternative
tower structure the antenna is mounted to. Measurements of communication
tower height shall include the alternative tower structure, base pad,
and other appurtenances. Building-mounted communications towers shall
be considered a part of the principal structure upon which such towers
are mounted.
The vertical distance as measured from the surrounding grade
to the highest point of such sign. In the case of the height of a
sign situated upon an earthen berm, said sign height shall be inclusive
of the height of the earthen berm as measured from the surrounding
grade of the earthen berm to the highest point of such sign.
See the definition of "site, historic."
See the definition of "structure, historic."
An activity for financial gain or profit which is incidental
to and carried on entirely within a dwelling unit located on a lot,
exclusive of attached garage or patio area, by resident occupants
of the dwelling unit and which occupation is clearly incidental to
and accessory to the residential use of the premises.
Any place where sleeping accommodations are offered for pay
to transients, in five or more rooms, and all places in connection
therewith. "Hotel," "motel" and "inn" are synonymous.
A human residence or dwelling.
The maximum illumination measured in footcandles at the property
line at six inches above ground level.
Those which do not absorb water. Impervious surfaces consist
of all buildings, parking areas, driveways, roads, sidewalks, and
any areas of concrete or asphalt. In the case of lumberyards or similar
uses, areas of stored lumber constitute impervious surfaces.
Any man-made immovable item which becomes a part of, is placed
upon, or is affixed to real estate.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications that
are solely necessary to assure safe living conditions; or
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs,
modifications, or additions. Such ordinary maintenance repairs include
internal and external painting, decorating, paneling, and the replacement
of doors, windows, and other nonstructural components.
A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 foot, based on a comparison of existing
conditions and proposed conditions which is directly attributable
to development in the floodplain but not attributable to manipulation
of mathematical variables such as roughness factors, expansion and
contraction coefficients and discharge.
Indoor recreational facilities for the use of skateboards,
roller blades, scooters, or similar equipment, and which such indoor
recreational facilities may also provide for the use of bicycles.
The combining of two or more separate existing parcels of
land or existing lots, or portions thereof, through the act or process
of the combination of tax key numbers, lot line adjustment, the exchange
of property between abutting property owners, subdivision platting,
certified survey map, or condominium platting.
The surface area of land not covered by any building and
impervious surface and maintained as a natural area and left undisturbed
or left to support plant life.
The minimum proportion of a site which must be devoted to
natural, undisturbed and/or vegetated/revegetated areas, and can include
planned stormwater detention/retention ponds. Such areas do not include
areas which are paved or upon which buildings are located.
Living material, such as grass, ground cover, flowers, shrubs,
vines, hedges, and trees, and nonliving durable material, such as
decorative rocks, pebbles, mulch, wood chips or bark, but not including
paving or gravel.
Any nonstructural use made of unimproved or improved real
estate (also see "development").
All rooms within a dwelling except closets, foyers, storage
areas, utility rooms, and bathrooms.
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.
A parcel of land having frontage on a public street, 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.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135º or less, measured on the lot side.
The area under a roof and enclosed by the exterior permanent
walls.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
A platted lot of a recorded subdivision, certified survey
map, or parcel of land for which the deed, prior to the adoption of
this chapter, is on record with the Racine or Walworth County Register
of Deeds and which exists as described therein.
A parcel of land held in separate ownership, having frontage
on a public street, 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.
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 width of a parcel of land measured at the narrowest point
between the side lot lines.
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical, and decorative parts.
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used, such as blacksmith, tinsmith,
welding, and sheet metal shops, plumbing, heating and electrical repair
and overhaul shops.
For the purposes of this chapter, the cleaning, painting,
repair, or replacement of defective parts of a sign in a manner that
does not change or alter the basic copy, design, or structure of the
sign.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
The term "manufactured home" includes a mobile home but does not include
a mobile recreational vehicle.
When used in describing an industrial operation, the making
or processing of a product with machinery.
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 transportable structure, being eight feet or more in width
(not including the overhang of the roof) or 32 feet or more in length
(not including the overhang of the roof), built on a chassis, and
designed to be used as a dwelling, with or without a permanent foundation,
when connected to the required utilities.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel of land which has been developed for the placement
of mobile homes and is owned by an individual, a firm, trust, partnership,
public or private association, or corporation. Individual lots within
a mobile home park are rented to individual mobile home users.
A land subdivision, as defined by Ch. 236, Wis. Stats., and Chapter 278, Subdivision of Land, of this Code, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
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.
A vertical support structure consisting of a single vertical
metal, concrete or wooden pole, pipe, tube or cylindrical structure,
typically round or square, and driven into the ground or mounted upon
or attached to a foundation.
See "hotel."
The City governmental unit enacting, administering and enforcing
this Zoning Code.
A picture or photograph painted or applied directly on a
wall and which in no way identifies a product.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and
other waters within the territorial limits of this state, including
the Wisconsin portion of boundary waters, which are navigable under
the laws of this state. The Wisconsin Supreme Court has declared navigable
all bodies of water with a bed differentiated from adjacent uplands
and with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Nuench
v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and
Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)].
For the purpose of this chapter, rivers and streams will be presumed
to be navigable if they are designated as either continuous or intermittent
waterways on the United States Geological Survey (USGS) quadrangle
maps until such time that the Wisconsin Department of Natural Resources
has made a determination that the waterway is not, in fact, navigable.
Furthermore, streams not shown on USGS quadrangle maps may later be
determined to be navigable by physical investigation.
The quotient of the total number of dwelling units on a site
divided by the entire area of the site, excluding any required open
space areas or areas to be preserved for natural resource protection
land (conservancy lands, including lakes, ponds, and streams, one-hundred-year-recurrence-interval
floodplains and floodways, and wetlands).
The maximum proportion of floor area to buildable portion
of the site. This number excludes those portions of a site where there
are natural resource features which would have to be preserved and
excludes those portions set aside to meet landscape surface ratio
(LSR) requirements.
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
City and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the start of construction commenced on or
after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
Elevations referenced to mean sea level datum, 1929 adjustment.
Any structure, lot, use of land, and use of land, lot, and
structure in any combination, or characteristic of use (such as yard
requirement) which was existing at the time of the effective date
of this chapter or amendments thereto. Any such structure conforming
in respect to use but not in respect to frontage, width, height, area,
yard, parking, loading, or distance requirements shall be considered
a nonconforming structure and not a nonconforming use.
[Amended 7-18-2023 by Ord. No. 2098(4)]
Official notification from the Federal Emergency Management
Agency (FEMA) that a Flood Hazard Boundary Map or Flood Insurance
Rate Map has been amended.
See "regional flood."
Any site, parcel, area, or outlot of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for the
public or private use or enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open space.
Land that is to be used primarily for resource protection, agriculture,
recreational purposes, or planned stormwater detention/retention areas
or otherwise left undisturbed, and specifically excluding road rights-of-way
and buildable lots.
Open space land is not occupied by nonrecreational buildings,
roads, drives, public rights-of-way, or off-street parking areas for
nonrecreational uses. Land located within the yards (i.e., front,
side, and rear yards) of residential and/or nonresidential properties
is not considered open space unless it is deed-restricted in perpetuity
for open space protection or natural resource features protection.
Where lots are above the minimum lot size required and the excess
lot area is deed-restricted in perpetuity to open space uses, those
areas which are deed-restricted may be counted towards the minimum
required open space.
The number derived by dividing the open space of the site
by the site area, excluding existing abutting public street rights-of-way.
When applied to natural resource protection, the open space ratio
shall include the natural resource feature(s) to be protected.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark, such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic. Where the bank or shore at any particular place is
of such character that it is difficult or impossible to ascertain
where the point of ordinary high-water mark is, recourse may be had
to the opposite bank of a stream or to other places on the shore of
a lake or flowage to determine whether a given stage of water is above
or below the ordinary high-water mark.
A structure or premises containing 10 or more parking spaces
open to the public for rent or a fee.
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.
A wall containing no opening, which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above and which separates contiguous buildings but is in joint
use for each building.
See definition of "flags."
A retail store where small animals, such as dogs, cats, tropical
fish, exotic birds, and nonpoisonous reptiles and amphibians, are
sold. Domestic livestock, such as horses, cattle, sheep, goats, hogs,
and poultry, and fur-bearing animals are not considered pets for the
purposes of this definition.
When used in describing an industrial operation, the series
of continuous actions that changes one or more raw materials into
a finished product. The process may be chemical as in the processing
of photographic materials; it may be a special method such as processing
butter or cheese; and it may be a mechanical process such as packaging
a base product.
The act of obtaining or providing access to public bodies
of water across private lots or lands in a manner which increases
the number of families which have access to that water to a degree
greater than what would occur with individual riparian owners having
individual lots fronting on the water. The effect of pyramiding is
to funnel back lot development from offshore lots or residences via
a narrow parcel of land to provide access to the water. Publicly owned
access points shall not fall within this definition.
For the purpose of this chapter, queuing space is that on-site
area required in terms of the number of cars that must be accommodated
while awaiting ingress or egress to specified business or service
establishments.
A longitudinal segment of a stream generally including those
floodlands wherein flood stages are primarily and commonly controlled
by the same man-made or natural obstructions to flow.
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.
An operation which involves the collection, processing, storage
and transfer of goods and materials, such as aluminum, steel, glass,
newspaper, or corrugated cardboard, which are intended to be reused.
Automobile salvage yards, used garment shops, and operations intended
for the collection and transfer of solid waste, for the purposes of
this definition, are not to be considered recycling operations. Strictly
prohibited is the collection, storage, processing or transfer of chemicals
or hazardous materials.
See the definition of "development."
An educational establishment operated by a school district
or other public educational institution which is not occupied as a
residence and which is located within a residential structure and
neighborhood and which is dependent upon that residential structure
and neighborhood as an integral part of the educational process, activities,
and experience.
Any land, building, or part thereof, other than a boardinghouse,
where meals are provided for compensation, including a cafe, cafeteria,
coffee shop, lunch room, tearoom, and dining room, and may include
the serving of alcoholic beverages when served with and incidental
to the serving of meals.
The top or bottom edge of a roof or building parapet, whichever,
excluding any cupolas, pylons, chimneys, or other minor projections.
Furniture upon which to sit having a linear measurement not
less than 24 inches across the surface used for sitting; intended
for use in determining off-street parking requirements.
A dwelling made of two or more modular units factory-fabricated
and transported to the home site where they are put on a foundation
and joined to make a single house.
Any real property designed and used for the purpose of renting
or leasing individual storage spaces to tenants who are to have access
to such space for the purpose of storing and removing personal property.
A group of three or more commercial establishments or tenants
located on a site or parcel of land occupying three or more acres
that is planned, developed, constructed, owned, and managed as a unit
with customer and employee parking provided on site.
Those lands lying within the following distances from the
ordinary high-water mark of navigable waters: 1,000 feet from a lake,
pond or flowage, or 300 feet from a river or stream, or to the landward
side of the floodplain, whichever distance is greater. Shoreland shall
not include those lands adjacent to farm drainage ditches where:
The intersection of the land surfaces abutting lakes, ponds,
rivers, streams, flowages, and wetlands with the ordinary high-water
mark.
Structures which are intended to reduce shoreline erosion
and bluff recession by providing an artificial barrier against direct
wave and ice attacks on the beach and bluff toe, by increasing the
extent of the beach available to absorb wave energy before the water
reaches the bluff, by dissipating wave energy and/or by stabilizing
the bluff slope. Shore protection structures include bulkheads, revetments,
sea walls, groins, breakwater, and slope stabilization measures.
Standard Industrial Classification from the 1987 (or latest
edition) Manual published by the Executive Office of the President,
Office of Management and Budget.
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.
Any object, device, display, structure, supporting 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, religious group, product, service,
event, or location by any means, including words, letters, figures,
designs, symbols, fixtures, colors, illumination, or projected images.
Signs do not include the flag or emblem of any nation, organization
of nations, state, county, city, town, or religious, fraternal, or
civic organization, nor do they include merchandise and pictures or
models of products or services incorporated in a window display, works
of art which in no way identify a product, or scoreboards located
on athletic fields.
A sign which no longer correctly advertises a bona fide business,
lessor, owner, product, or activity conducted or product available
on the premises where the sign is displayed or elsewhere.
The total surface of a sign, including its background and
frame but not structural supporting elements outside its frame. Where
a sign is composed of letters, characters, or symbols applied to a
frame or to a background which provides no border or frame, the area
of the sign shall be the smallest rectangle, triangle, or circle which
will include the sign display.
A sign which provides special information such as direction,
price, sales information, hours of operation, or warning and which
does not include names, brand names, or information regarding product
lines or services. Examples of such signs include directories of tenants
in buildings, "no trespassing" signs, and signs which list prices
of gasoline.
A sign which is fastened to an awning or canopy, including
signs which are attached by metal screws or metal bands that are hung
from, or attached to, the underside of a parapet wall or roof eave
and made of any material.
A sign supported by wind, air, or other gas and attached
to the ground, a building, structure, or other sign.
A temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property
on which the sign is located.
Any sign whose purpose is exclusively limited to the identification
of a platted subdivision, condominium, or development and which names
such subdivision, condominium, or development without further elaboration,
display, or advertisement.
A sign used to identify the tenants of a shopping center,
business park, office park, or industrial park.
A sign which supports a candidate for public office or measures
on an election ballot.
A sign that is located on the fascia of a building.
A sign that is located, placed upon, or attached to a fence.
A self-supporting sign resting on or supported by means of
poles, standards, or any other type of base on the ground and not
supported by or attached to a building.
Any sign used for posting legal notices, identification of
streets, traffic regulation, notice of danger, or other emergencies
by a governmental authority.
Any sign which is a pictorial representation (including illustrations
or decoration), emblem (including devices, letters, symbols, or trademarks),
or any other figure of similar character which is used to announce,
direct or attract attention, or advertise.
See the definition of "sign, freestanding."
A sign which has characters, letters, figures, designs or
outlines illuminated by electric lights or luminous tubes designed
and provided for such illumination.
See the definition of "sign, balloon."
A permanent sign containing changeable copy which is used
to announce special events or information. A portable sign or a temporary
sign shall not be considered a marquee.
Any sign or tablet used for the purpose of identifying the
names of buildings and the date of erection and which is cut into
any masonry surface or inlaid so as to be part of the building or
structure or which is attached to a building or structure and which
is constructed of bronze or other noncombustible material.
A sign displaying the time, date, temperature, or other information.
A sign which does not meet the requirements of this chapter.
A sign that did not meet City regulations, codes, and ordinances
when it was originally installed and/or does not meet the regulations
of this chapter if constructed or erected subsequent to the adoption
of this chapter.
A sign that did meet City regulations, codes, and ordinances
when it was originally installed but does not meet the regulations
of this chapter.
A sign which is not illuminated by lights, designed and provided
for the purpose, either external or internal.
A sign that provides off-site directional information following
a standard format for important municipal, emergency, or educational
uses or identifies general commercial areas or places.
A sign which is not located on the same property as the establishment
which the sign's message pertains to, or where the product, service,
or activity is not present, or where the message does not pertain
to the use of the site.
A sign indicating the direction or location of some on-site
facility or service incidental to a use and not advertising the use
in any way. Such signs shall include vehicular entrance and exit signs,
vehicular flow signs, and instructional signs.
A sign which is located on the same property as the establishment
which the sign's message pertains to, or where the product, service,
or activity is present, or where the message pertains to the use of
the site upon which the sign is located.
Any sign which is applied with paint or similar substance
on the face of a building wall.
A sign displayed for more than 30 consecutive days, made
of materials intended for more than short-term use, and which is not
a temporary sign as defined in this chapter.
The permit required by this chapter prior to a sign being
located, erected, moved, reconstructed, enlarged, expanded, altered,
converted, operated, placed, or relocated where such sign complies
with all provisions of this chapter.
A self-supporting sign resting on or supported by means of
poles and not supported by or attached to a building.
A permanent sign mounted on a frame and/or chassis which
is designed for easy and repeated relocation.
A sign, other than a wall sign, that is attached to and projects
more than 12 inches from the wall or face of a building or structure,
including fascia, awning/canopy, and marquee signs.
A temporary sign advertising the real estate upon which the
sign is located as being for rent, lease, or sale.
Any sign erected upon, against, or above the lowest roofline
of any building or structure.
A sign which is movable and not secured or attached directly
or indirectly to the ground, structure, or building.
A temporary sign or poster affixed to a pole, tree, structure,
building, fence, etc.
Any device or material which supports, has supported, or
is capable of supporting a sign in a stationary position, including
decorative covers or sign roofs.
A sign or advertising display constructed of cloth, canvas,
fabric, paper, plywood, or other light material and intended to be
displayed for a short period of time (30 or fewer consecutive days)
and not more than three times per calendar year. Included in this
category are retailers' signs temporarily displayed for the purpose
of informing the public of a sale or special offer.
A sign intended to warn off trespassers upon the property
on which the sign is located.
A sign suspended beneath a canopy.
The sign(s) permitted for each land use.
A sign mounted parallel to a building facade or other vertical
building or structure surface. Wall signs shall also include those
signs which are placed below the outside edge of a building overhang
and those which are placed below the lowest roofline.
A sign painted or installed on a window surface for purposes
of viewing from outside the premises.
Any parcel of land of historic significance due to substantial
value in tracing the history of aboriginal man, or upon which an historic
event has occurred, and which has been designated as an historic site
under the provisions of this chapter, or a parcel of land, or part
thereof, on which is situated an historic structure and any abutting
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
See Chapter 119, Floodplains, for definition.
That portion of a principal building included between the
surface of any floor and the surface of the next floor above or, if
there is no floor above, the space between the floor and the ceiling
next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area
of which does not exceed 2/3 of the floor area of the story immediately
below it, and which does not contain an independent dwelling unit.
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
A federal-, state-, or county-marked route or may also be a
City-designated arterial street in the adopted City of Burlington
Comprehensive Master Plan, or component thereof, or on the Official
Map.
A street used, or intended to be used, primarily for fast or
heavy through traffic, providing for the expeditious movement of through
traffic into, out of, and within the community. Arterial streets shall
include freeways and expressways and also standard arterial streets,
highways, and parkways. Arterial streets shall be designed to convey
an average daily traffic (ADT) of 3,000 and greater.
The minimum horizontal distance between the street line and
the nearest point of a building or any projection thereof, excluding
uncovered steps. Where the street line is an arc, the street yard
shall be measured from the arc. In some ordinances, the street yard
is also called a "setback."
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders.
Any man-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, including but not limited to roofed
and walled buildings, towers, masts, poles, booms, signs, decorations,
carports, machinery, equipment, gas or liquid storage tanks, bridges,
dams and culverts.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage, or
cultural characteristics of the City, state, or nation and which has
been designated as an historic structure pursuant to the provisions
of the City of Burlington Municipal Code. For purposes of the floodplain
provisions of this chapter, an historic structure is defined as any
structure that is:
Listed individually on the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
or
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; or
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or by the Secretary of the Interior in
states without approved programs.
Has the meaning given in § 236.02(12), Wis. Stats.
See Chapter 119, Floodplains, for definition.
A use which may or may not comply with the uses allowed in the zoning district as set forth herein but which may be allowed on a temporary basis out of necessity. Such use shall not be permitted for more than 30 days unless specifically exempted in Article IV or unless the expiration date of the permit is extended by the Building Inspector for good cause.
Any structure that is designed and constructed for the purpose
of supporting one or more transmitting or receiving antennas for telephone,
radio, and similar communication purposes, including self-supporting
lattice towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures, and the like. The
term includes the structure and any structural support thereto.
A facility operated by a person required to be licensed by
the state, that is operated under the supervision of the state, the
county or a licensed child welfare agency, and that provides care,
maintenance and structured, professional treatment to no more than
four children by trained individuals, including the treatment of foster
parents, as further defined in § 48.02(17q), Wis. Stats.
Any self-supporting, woody plant, together with its root
system, growing upon the earth, usually with one trunk, or a multistemmed
trunk system, supporting a definitely formed crown.
A tree whose leaves would occupy the upper level of a forest
in a natural ecological situation. This type of tree is often referred
to as a "shade tree."
A tree located in a public place, street, special easement,
or right-of-way adjoining a street.
A deciduous tree whose leaves would occupy the lower level
of a forest in a natural ecological situation. This type of tree is
often called an "ornamental tree." An understory tree reaches a maximum
height of from 20 to 25 feet at maturity.
An existing or proposed roadway connecting between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade-separated interchange ramps.
Where special conditions affecting a particular property,
which were not self- created, have made strict conformity with restrictions
governing areas, setbacks, frontage, height or density unnecessarily
burdensome or unreasonable in light of the purposes of the chapter.
The purpose or activity for which the land or building thereon
is designed, arranged, or intended or for which it is occupied or
maintained.
The main use of land or a building, as distinguished from
a subordinate or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays, and gas regulation stations, but
not including sewage disposal plants, municipal incinerators, warehouses,
shops, storage yards, and power plants.
An authorization granted by the Zoning Board of Appeals to
construct, maintain or alter a building or structure in a manner that
deviates from the dimensional standards of this chapter.
See Chapter 119, Floodplains, for definition.
An upright surface of a building or structure (not including
fences) serving to enclose, divide, support, or protect the building.
Such upright surface shall be the furthest extension of the building's
edges and include overhangs covering a boardwalk, false roofs, and
unenclosed porches.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except for vegetation. The
street and rear yards extend the full width of the lot.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending across the full width or depth of a lot,
the depth of which shall be the minimum horizontal distance between
a line intersecting both side lot lines at the same angle and containing
the point of the one-hundred-year-recurrence-interval floodplain or
ordinary high-water mark of a pond, stream, lake, or wetland nearest
the principal structure and a line parallel thereto containing the
point of the principal structure nearest the one-hundred-year-recurrence-interval
floodplain or high-water line.
The Zoning Administrator of the City of Burlington, Racine
and Walworth Counties, Wisconsin.
A single tract of land located within a single block which
is designated by its owner or developer as a tract to be used, developed,
or built upon as a unit, under single ownership or control. Therefore,
a zoning lot may or may not coincide with a lot of record.
