The following definitions shall apply in the interpretation
and enforcement of this chapter. Whenever the words "dormitory," "dwelling,"
"dwelling unit," "rooming house," "rooming unit," "shelter facility,"
or "premises" are used in this chapter, they shall be construed as
though they were followed by the words "or any part thereof."
APPROVED
A specific affirmative action taken by the Village in accordance
with regulations established by Village of Bellevue or other authority
having jurisdiction.
BASEMENT
That portion of a building or area located subgrade and below
the first floor (grade level floor).
BATHROOM
A separate and private room containing bathtub or shower
stall which is generally used or intended for human bathing.
BEDROOM
A habitable room within a dwelling unit which is primarily
used or intended for the purpose of sleeping. A kitchen or dining
room shall not be considered a bedroom.
COMMUNITY DEVELOPMENT DIRECTOR
The person(s) who has been appointed by the Village to serve
in that position and shall have the responsibility for enforcement
of this chapter and/or any authorized representative or assign.
DORMITORY
A room or rooms, building, or part of a building with sleeping
and living accommodations for a group of people, such as at college.
Such facilities are communal-type living arrangement of four or more
persons not related by blood, adoption, or marriage who share common
sleeping areas, kitchen, bath, or rest room facilities. "Dormitory"
shall not have the meaning of shelter facility, educational facility
housing, rooming house, boardinghouse or lodging house, community
living arrangement, and community based residential facility, or migrant
housing; however, each of these housing types may contain dormitory
style quarters.
DWELLING
Any building or structure which is wholly or partly used
or intended to be used for the purpose of living or sleeping by human
occupants.
DWELLING UNIT
Any habitable room or group of adjoining habitable rooms
located within a dwelling and forming a single unit with facilities
which are used or intended to be used for living, sleeping, cooking,
and eating of meals.
EXTERMINATION
The control and elimination of insects, rodents, or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, and by poisoning,
spraying, fumigating, trapping, or any other industry accepted pest
elimination methods.
FAMILY
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 five 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:
A.
The group shares the entire dwelling unit.
B.
The group lives and cooks together as a single housekeeping
unit.
C.
The group shares expenses for food, rent, utilities or other
household expenses.
D.
The group is permanent and stable and not transient or temporary
in nature.
E.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used
for living, sleeping, or eating purposes, excluding bathrooms, toilet
rooms, kitchens, laundries, pantries, foyers, communicating corridors,
closets, storage spaces, stairways, and rooms used for play or recreational
purposes.
HOMELESS FAMILY
A group of one or more related individuals who are homeless
individuals.
HOMELESS INDIVIDUAL
A.
An individual who lacks a fixed, regular, and adequate nighttime
residence (without regard to whether the individual is a member of
the family); and
B.
An individual whose primary nighttime residence is a supervised
public or privately operated shelter designed to provide temporary
living accommodations. Temporary living accommodations include welfare
hotels, congregate shelters, and transitional housing.
INFESTATION
The presence of any insects, rodents, or other pests within
a dwelling or on the dwelling premises.
KITCHEN
A habitable room used or intended to be used for cooking
or the preparation of meals.
LIVING ROOM
A habitable room within a dwelling unit which is used or
intended to be used primarily for general living purposes.
NONDWELLING STRUCTURE
A garage, shed, or other similar storage or convenience building
attached to or detached from a dwelling and used primarily for recreation
and the storage of vehicles, lawn and garden appliances, and other
household tools or equipment. A nondwelling structure shall not be
used for living or sleeping by human occupants.
OCCUPANT
Any person, including an owner or operator, living, sleeping,
or cooking in or having actual possession of a dwelling or rooming
unit.
OPERATOR
Any person who has charge, care, or control of a building
or part thereof in which dwelling, rooming units, or dormitories are
let or wherein homeless individuals are provided temporary shelter.
OWNER
Any person who alone or jointly or severally with others
has legal title or equitable title to any dwelling, or dwelling or
rooming unit, dormitory, or shelter facility, or who has charge, care,
or control of any dwelling or dwelling or rooming unit as executor,
administrator, trustee, or guardian of the estate of the owner.
PARKING
Placing and leaving a fully operable and licensed vehicle
unattended while not in use for off-site transportation pursuant to
Village of Bellevue Zoning Ordinance, Article XXVIII, Off-Street Parking
Requirements.
PLUMBING
All of the following facilities and equipment: water pipes,
garbage disposal units, waste pipes, vent pipes, toilets, sinks, installed
dishwashers, lavatories, baths, installed clothes washing machines,
catch basins, drains, vents, domestic hot water heaters, and any other
similar fixtures, together with all connections to water, sanitary
sewer, storm sewer, or gas lines.
PREMISES
A platted or unplatted lot or part thereof, or any parcel
or plot of land or part thereof, either occupied or unoccupied by
any dwelling or structure.
ROOMER
An occupant of a rooming house who is not a member of the
family of the operator of that rooming house, or an occupant of a
dwelling unit who is not a member of the family occupying the dwelling
unit.
ROOMING HOUSE
A building or structure, other than a hotel licensed by the
state, where three or more persons are provided with lodging and meals
for compensation.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
in a rooming house used or intended to be used for living and sleeping
but not for cooking or eating meals.
SHELTER FACILITY
A temporary place of lodging for homeless individuals or
homeless families.
SOLID WASTE, DOMESTIC
Pursuant to Chapter
391, Solid Waste and Recycling, of the Code of the Village of Bellevue, all residential waste other than yard waste, commercial/industrial waste, bulky waste, recyclable waste, animal feces, and construction/demolition waste. Domestic waste shall include the following: garbage (defined as waste resulting from the handling, cooking, processing, preparation, serving, storage and consumption of food, including animal, vegetable or other matter which is subject to decomposition, decay, and putrefaction); ashes; small quantities of household wood material; rags; plastic (Nos. 3, 4, 5, 6, 7, and 8); cloth; stumps, roots or shrubs with intact root balls; clean woody vegetative material greater than six inches in diameter, but weighing no more than 50 pounds; and other waste as determined by the Village Board.
STATE BUILDING CODES
Except where it relates to the time of initial construction,
"State Building Codes" shall mean the most current version of any
of the following as applicable:
A.
Chapter SPS 316, Electrical, Wis. Adm. Code;
B.
Chapters SPS 320 to 325, Uniform Dwelling Code (One- and Two-Family
Dwellings), Wis. Adm. Code;
C.
Chapter SPS 326, Manufactured Home Communities, Wis. Adm. Code;
D.
Chapters SPS 361 to 363 and 365 to 366, Commercial Building
Code, Wis. Adm. Code;
E.
Chapter SPS 364, Heating, Ventilating and Air Conditioning,
Wis. Adm. Code;
F.
Chapter SPS 367, Rental Unit Energy Efficiency, Wis. Adm. Code;
G.
Chapters SPS 381 to 387, State Plumbing Code, Wis. Adm. Code;
and
H.
Americans with Disabilities Accessibility Standards (see United
States Department of Justice for Americans with Disabilities).
SUPPLIED
Paid for, furnished by, or provided by or under the control
of the owner or operator.