When used in this code, the following words and phrases shall
have the following meanings:
ACRE, GROSS
The total area of a parcel of land. One acre equals 43,560
square feet.
ACRE, NET
A measure of developable land area after excluding dedicated
rights-of-way, waterways, and wetlands.
ADAPTIVE REUSE
The reuse of a site/building for a purpose other than originally
intended.
[Added 3-18-2020 by Ord.
No. 1442]
ADEQUATE PUBLIC FACILITIES
Utilities, roads and other infrastructure required by the
City Code and adopted policies of the Common Council which are in
place, or planned for within 24 months, to serve the most suitable
ultimate development of a property as depicted in the adopted Comprehensive
Plan.
AGRICULTURE AND RELATED ACTIVITIES
The use of land for agricultural purposes, including farming,
dairying, grazing land, animal and poultry husbandry, greenhouses,
nurseries, livestock and poultry confinement, and including the necessary
accessory uses for the packing, treating, storing, and shipping of
farm products. The use of the word "farm" shall have the same meaning
as the word "agriculture."
AGRITOURISM
Uses that combine tourism and agricultural practices that
include activities that bring visitors to a working farm or ranch
for enjoyment and education.
[Added 8-6-2015 by Ord.
No. 1399]
ALLEY
A public or private way permanently reserved as a secondary
means of access to abutting property.
AWNING
A roof-like cover that is temporary or portable in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and is periodically retracted
into the face of the building.
BANNER
Any non-rigid temporary medium (typically although not exclusively
rectangular in dimension) onto which characters and/or symbols are
applied for the purpose of conveying a message. National flags, flags
of political subdivisions and symbolic flags of any institution or
business shall not be categorized as banners.
BANNER, POLE DISPLAY
A banner that is mounted on poles, lights (stanchions), etc.,
within a property, manufactured from a permanent-type material and
professionally decorated.
BASEMENT
A story partly underground which, if occupied for living
purposes, shall be counted as a story for purposes of height measurement.
BASE SETBACK AREA
The land lying between the edge of the existing street right-of-way
line and the base setback line.
BASE SETBACK LINE
The line from which all required setbacks are measured, which
line corresponds to the established ultimate street right-of-way line.
BLOCK
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to the continuity of development.
BOARDINGHOUSE
A building or premises where meals and lodging are offered
for compensation for five or more persons, but not more than 12 persons,
and having no more than five sleeping rooms for this purpose. An establishment
where meals are served for compensation for more than 12 persons shall
be deemed a restaurant. An establishment with more than five sleeping
rooms shall be deemed a hotel or motel.
BOATHOUSE
A detached accessory structure located close to the ordinary
high-water mark and designed and used principally for the storage
of boats and accessory marine equipment normally used in the daily
activities of lakefront property and which typically includes a large
overhead door for primary access on the side of the structure facing
the water.
BUILDING
Any structure used, designed or intended for the roofed shelter,
enclosure, or protection of persons, animals or property.
BUILDING, ACCESSORY
A building or portion of a building used for a purpose customarily
incident to the permitted principal use of the lot or to a principal
building and located on the same lot as the principal use.
BUILDING HEIGHT
The vertical distance from a point on grade to the highest
point measured.
BUILDING INSPECTOR
The City Building Inspector or any other officer charged
with the administration and enforcement of the Building Code or his
duly authorized deputy.
BUILDING, PRINCIPAL
The building on a lot in which is conducted the principal
use as permitted on such lot by the regulations of the district in
which it is located.
BUILDING SCALE
The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding
buildings. Mass is determined by the three-dimensional bulk of a structure:
height, width, and depth.
BUILDING, SITE AND OPERATION PLAN
The development plan for one or more parcels on which is
shown the existing and proposed conditions of the lot, including topography;
vegetation; drainage; floodplains; wetlands; waterways; landscaping
and open spaces; walkways; means of ingress and egress; circulation;
utility services; structures and buildings; signs; lighting; berms,
buffers, and screening devices; surrounding development; and any other
information deemed necessary by the Public Works and Development Director
or designee or the Plan Commission.
CAMPING TRAILER
A vehicle designed to be towed or driven upon a highway,
intended to be used for human habitation, up to 35 feet in length
(see "recreational vehicle").
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
CIVIC FACILITY
A noncommercial area developed or to be developed for public
or quasi-public administrative, cultural, or recreational use. Such
facilities include but are not limited to libraries, community centers,
parks and playgrounds, police stations, fire stations, or City Hall.
CIVIC ORGANIZATION
A group of people formally organized for a common and usually
community-oriented interest.
CLASS 2 PUBLIC NOTICE
Publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
CLINIC, MEDICAL OR DENTAL
A group of medical or dental offices organized as a unified
facility to provide medical or dental treatment as contrasted with
an unrelated group of such offices, but not including bed patient
care.
COMMERCIAL SEARCHLIGHT
An apparatus containing a light source and a reflector for
projecting a high-intensity beam of light.
COMMON OPEN SPACE
Squares, greens, neighborhood parks, City parks, and linear
environmental corridors owned and maintained by the City.
CURB RADIUS
The curved edge of streets at an intersection measured at
the outer edge of the street curb or of the parking lane.
DENSITY, GROSS
The numerical value obtained by dividing the total number
of dwelling units in a development by the gross area of tract of land
(in acres) within a development.
DENSITY, NET
The numerical value obtained by dividing the total number
of dwelling units in a development by the area of the actual tract
of land (in acres) upon which the dwelling units are proposed to be
located and including common open space and associated recreational
facilities within the area, the result being the number of dwelling
units per net residential acre of land. Net density calculations exclude
dedicated rights-of-way, waterways, and wetlands.
DEVELOPMENT
Any artificial change to improve or unimproved real estate,
including but not limited to the construction of buildings, structures
or accessory structures; the construction of additions or substantial
improvements to buildings, structures or accessory structures; the
placement of buildings or structures; mining, dredging, filling, grading,
paving, excavation or drilling operations; the storage, deposition
or extraction of materials; and public or private sewage disposal
systems or water supply facilities.
DEVELOPMENT PLAN
Materials required by this chapter or Chapter
392, Land Division, of the City Code to be submitted for any building, site and operation plan, preliminary plat, final plat, certified survey map, and/or conditional use grant application.
DISPLAY SURFACE
The area made available by the sign structure for the purpose
of displaying the advertising message.
DISREPAIR
Contains one or more of the following traits: excessive pealing
paint, eroding message(s), dead landscaping (in season), missing pieces
(access doors, excessive masonry decay, etc.), missing panels (message
panels), and/or excessive rust.
DUPLEX
A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from ground
to roof.
DUST-PROOFING
An application of SC-4 asphaltic material placed on a base
of granular materials at a rate of 1.2 gallons per square yard for
the first application, with additional applications of asphaltic material
placed if deemed necessary by the City. Application of asphaltic material
shall not be applied when the temperature is below 60° F.
DWELLING, MULTIPLE
A building or portion thereof designed for and occupied by
two or more families, including two-family flats, apartment houses
and apartment hotels.
DWELLING, SINGLE-FAMILY ATTACHED
A residential structure designed to house a single family
unit from lowest level to roof, with private entrance, but not necessarily
occupying a private lot, and sharing a common wall between adjoining
units.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
DWELLING UNIT, SECONDARY
An additional dwelling unit located within the principal
dwelling on the lot, in a freestanding building or above a residential
garage.
EXTRACTIVE OPERATION
The removal of rock, slate, gravel, sand, topsoil, or other
natural material from the earth by excavating, stripping, leveling
or any other process.
FAMILY
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group of individuals
occupying a boardinghouse, lodging house, club, fraternity or hotel.
FARM
An area used for growing of customary produce, including
but not limited to vegetables, fruits, and grains, and for the packaging
and storage of produce grown on premises, as well as for the raising
thereon of the usual poultry and livestock such as horses and cattle,
and not including commercial feeding of garbage or offal to swine
or other animals, the commercial feeding of animals on open lots where
no feed is raised on the premises, or the commercial feeding of poultry
or laboratory animals such as mice, rats, etc.
FLOOR AREA
The square feet of floor space within the outside line of
walls, including the total of all space on all floors of a building
or structure.
FLOOR AREA, ASSESSED
The measurement of a structure's living area from outside
wall to outside wall, inclusive of closets, storage areas, and seasonal
rooms, but excluding unfinished basements, unfinished attics, and
attached garages.
FLOOR AREA RATIO (FAR)
The total floor area of buildings, expressed as a percentage
ratio to the total area of the lot.
GARAGE, ATTACHED
A public or private garage, the roof of which is connected
to the principal building.
GARAGE, PRIVATE
A structure in excess of 120 square feet used for the storage
of private motor vehicles and which structure is accessory to the
residential use of the property on which it is located.
GARAGE, PUBLIC OR COMMERCIAL
Any garage not falling within the definition of "private
garage" as herein established and used for storage, repair, rental
or servicing of motor vehicles.
GASOLINE SERVICE STATION
A place where gasoline, kerosene, or any other motor fuel
or lubricating oil or grease for operating motor vehicles is offered
for sale to the public and deliveries are made directly into motor
vehicles, and including facilities for greasing, oiling, washing and
minor repair of vehicles on the premises, but not including major
automatic car washing or any body repair facilities.
GRADE, ESTABLISHED
The elevation of the finished street at the center line or
curb as fixed by the Engineer or by such authority as shall be designated
by law to determine such an elevation.
GUESTHOUSE
An attached or detached accessory building used to house
guests of the occupants of the principal building and which is never
rented or offered for rent.
HABITABLE STRUCTURE
Any type of structure designed and/or remodeled for residential
use which as constructed (including the installation of utilities)
would allow for normal unrestricted human occupancy. Final decision
as to whether any boathouse or other type structure would be considered
habitable will be determined by the City Engineer.
HIGHWAY
See "street, major arterial."
HOME OCCUPATION
A gainful occupation conducted by members of the family,
within its place of residence, where the space used is incidental
to residential use and no article is sold or offered for sale except
as is produced by such home occupation.
HORTICULTURE
Commercial or noncommercial cultivation of a garden or orchard.
HOSPITAL
An institution intended primarily for the medical diagnosis,
treatment, and care of patients being given medical treatment. A hospital
shall be distinguished from a clinic by virtue of providing for bed
patient care.
HOSPITAL, ANIMAL
An establishment providing for medical care and treatment
of animal pets, but distinguished from a clinic by virtue of providing
for bed patient care.
HOTEL
A building in which lodging, with or without meals, is offered
for compensation and which may have more than five sleeping rooms
for this purpose, but not including kitchen facilities in individual
rooms.
IMPERVIOUS SURFACE
Any hard-surfaced, man-made area that does not readily absorb
or retain water, including but not limited to building roofs, paved
parking and driveway areas, patios, and sidewalks.
KENNEL, COMMERCIAL
An establishment where dogs or other animal pets not part
of the actual household on the lot on which the facility is located
are raised, bred, or boarded.
KENNEL, HOBBY
A noncommercial establishment associated with a single household
in which dogs or other animals and pets are kept, bred, and raised.
LAND USE
A description of how property is occupied or utilized.
LEGAL NONCONFORMITY
The zoning status of a structure or parcel of land which,
or the use of which, though legal prior to the passage of this chapter,
does not comply with one or more of the provisions of this chapter.
LIMITS, HIGHWAY AND STREET
Include all the ultimate right-of-way, encompassing the traveling
portion of the highway or street, the shoulders, the ditches, and
adjacent dedicated areas.
LIVESTOCK
Horses, cattle, sheep and goats kept or raised for domestic
use, not including hogs/pigs or fur bearing animals.
[Added 3-18-2020 by Ord.
No. 1442]
LODGING HOUSE
A building where lodging only is provided for compensation
and having not more than five sleeping rooms for this purpose.
LOT
A single parcel of contiguous land occupied or intended to
be occupied by such structures and uses as permitted under this chapter,
together with the open spaces required by this chapter, and abutting
on a public street or officially approved way.
LOT AREA
The area of contiguous land bounded by lot lines, exclusive
of land provided for public thoroughfare, but including lands located
between a meander line and the ordinary high-water mark (OHM) of a
navigable waterway.
LOT, DOUBLE FRONTAGE
A parcel which fronts on two parallel streets or that fronts
on two streets which do not intersect at the boundaries of the lot.
LOT LINES
The lines bounding a lot as defined herein.
MARQUEE
Permanent roofed structure attached to and supported by the
building. See also "sign, projecting."
MOTEL
A building or series of buildings in which lodging only is
offered for compensation and which may have more than five sleeping
rooms or units for this purpose and which is distinguished from a
hotel primarily by reason of providing direct independent access to,
and adjoining parking for, each rental unit.
MOTHER-IN-LAW UNIT
A residential dwelling unit of limited size and accessibility,
attached to, and accessible from within, a primary residential structure.
Such units are dependent upon said primary structure for basic services
such as common electricity and plumbing facilities.
MURAL
Artwork or other pictorial display judged by the Plan Commission,
on referral of the Public Works and Development Director or designee,
not to be signage and shall be exempt from this chapter.
NONCONFORMING LOT
A lot which does not conform to the lot size regulations
of the district in which it is located.
NONCONFORMING STRUCTURE
A structure which does not conform to the building location,
height or building size regulations of the district in which it is
located.
NONCONFORMING USE OF LAND
A use of any land in a manner where said use does not conform
to the use, residential density, or open space regulations of the
district in which it is located.
NONCONFORMING USE OF STRUCTURE
An activity that was lawful prior to the adoption, revision,
or amendment of this chapter but fails by reason of such adoption,
revision, or amendment to conform to the present requirements of the
zoning district.
OFFSET
The shortest horizontal distance between any structure and
a lot line, other than a street line.
OFF-STREET PARKING SPACE
The area on a lot designed to accommodate a parked motor
vehicle as an accessory service to the use of said lot and with adequate
access thereto from the public street.
OPEN SPACE
An unoccupied space open to the sky on the same lot with
the building and not used for parking or driveway purposes.
ORDINARY HIGH-WATER MARK (OHM)
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.
OUTDOOR RECREATIONAL FACILITIES
Land and structures along with accessory equipment designed
and utilized for leisure time activities of a predominantly outdoor
nature and of more specific purpose than passive park-like open areas,
and further classified as follows:
A.
PUBLICFacilities owned and operated by a governmental agency for limited or general public use.
B.
PRIVATE COMMERCIALFacilities owned and operated by an individual or group for profit as a business whether or not open to general public use.
C.
PRIVATE RESIDENTIALFacilities owned by an individual, located on the same or adjoining lot to his residence, and intended solely for the use of his family and guests.
D.
PRIVATE NONCOMMERCIAL GROUPFacilities owned and operated by a group for the exclusive use of the members of such group and their guests and not for profit as a business.
OWNER
The owner of the title to real property or the contract purchaser
of real property of record, as shown on the latest assessment records
of the City of Muskego. "Owner" also includes a deed holder or contract
purchaser whose name does not appear in the latest assessment records
but who presents to the municipality a copy of a deed or contract
of sale showing date, book, and page of recording.
PENNANT
Tapered or dove-tailed banner, sign, streamer or flag, with
or without any representation or writing thereon, and temporary in
nature.
PLANNING AGENCY
The City of Muskego Plan Commission created under § 62.23(1),
Wis. Stats., a board of public land commissioners or a committee of
the municipality's governing body which acts on matters pertaining
to planning and zoning.
PRIMARY FLOOR AREA (PFA)
The floor area of a building for purposes of determining
required parking ratios, which area shall include only that portion
of the total floor area devoted to customer service, sales and office
space and shall not include warehouse, utility, hallways and other
accessory space which does not generate parking demand.
PRIVATE CLUB OR LODGE
A structure or grounds used for regular or periodic meetings
or gatherings of a group of persons organized for a nonprofit purpose,
but not groups organized to render a service customarily carried on
as a business.
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the Department of Safety and Professional Services, including
a substitute for the septic tank or soil absorption field, a holding
tank, a system serving more than one structure or a system located
on a different parcel than the structure.
PROFESSIONAL OFFICE
The office of a doctor, dentist, minister, architect, landscape
architect, professional engineer, lawyer, author, artist, musician
or other similar recognized profession.
PUBLIC FACILITY
Roads, sanitary waste facilities, potable water facilities,
and drainage and stormwater facilities.
PUBLIC PROPERTY
Any real property, easement, air space, or other interest
in real estate, including a street, owned by or controlled by this
municipality or any other governmental unit.
PUBLIC WORKS AND DEVELOPMENT DIRECTOR
The Public Works and Development Director or his/her designee
is the City officer charged with the administration and enforcement
of this chapter (also Zoning Administrator).
QUEUING
The use of one travel lane on local streets with parking
(usually an intermittent parking pattern) on both sides.
READER BOARD
A sign having changeable letters used to announce special
events, products, services or sales.
RECREATIONAL VEHICLE
A vehicle designed to be towed or driven upon a highway,
intended to be used for human habitation, exceeding 35 feet in length
(see "camping trailer").
ROAD
Synonymous with "street."
ROADSIDE STAND
A farm building used or intended to be used solely by the
owner or tenant of the farm on which such building is located for
the sale of the farm products raised on said farm.
ROOF, EXISTING STRUCTURE AND/OR BUILDING MOUNT FACILITY
A communications facility in which antennas are mounted to
an existing structure, such as a building, silo, utility pole, water
tower, or existing telecommunications tower, and which may be on the
roof (including rooftop appurtenances), building face, side or elsewhere
on the existing structure.
RUSTIC STRUCTURE
Any permanent accessory structure or building which is distinctly
set apart and unique from other structures and buildings due to its
construction technique, materials, age, local historic significance
or design, and characteristic of past agricultural practices or rural
life, whether presently utilized or not for agricultural practice,
and which is structurally safe at the time conditional use is applied
for and during the duration the conditional use is allowed.
SCENIC VIEW
A specific location, area, or corridor that consists of:
A.
A three-dimensional area extending out from a particular viewpoint,
focusing on a single object or group of objects, such as a ridgeline
or a grouping of trees, resulting in an aesthetically pleasing view.
B.
Lateral terrain features such as valley sides or woodland as
observed to either side of the observer, constraining the view into
a narrow or particular field.
SETBACK
The shortest horizontal distance between any structure and
the base setback line.
SHED, PRIVATE GARDEN
A structure equal to or less than 120 square feet in area
which is accessory to the residential use of the property and used
for incidental storage.
SHORELANDS
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
SHORELAND-WETLAND DISTRICT
The zoning district created in this chapter comprised of
shorelands that are designated as wetlands on the wetlands inventory
maps which have been adopted and made a part of this chapter.
SIGN
Any medium, including its structure and component parts,
which is used or intended to be used to attract attention to the subject
matter for advertising purposes, other than paint on the surface of
a building. For the purpose of this chapter, coloration and/or striping
on canopies shall not be considered signage and shall be allowed if
it contributes to the overall theme and design of the property.
SIGN, ABANDONED
A sign which no longer correctly directs or exhorts any person
or advertises a bona fide business, lessor, owner, product or activity
conducted or product available on the premises where the sign is displayed.
SIGN, AGRICULTURAL PRODUCE
A sign for the purpose of advertising agricultural produce
available at a roadside produce stand or farm.
SIGN AREA
Area of copy enclosed by one continuous line connecting the
extreme points or edges of a sign. The area shall be determined using
the largest sign area or silhouette visible at any one time from any
point.
SIGN, AWNING, CANOPY OR MARQUEE
A sign that is mounted, painted, or attached to an awning,
canopy, or marquee that is otherwise permitted by ordinance. See also
"sign, projecting."
SIGN, DIRECTIONAL
A sign intended solely for the purpose of directing patrons
or customers to an establishment off the main traveled road and not
including promotional advertising unnecessary to such directional
purpose.
SIGN, ELECTRIC
A sign containing electrical wiring, but not including a
sign illuminated by an exterior light source.
SIGN, FREESTANDING
A sign wholly supported by a sign structure, unique to that
sign, anchored in the ground.
SIGN, GROUND
Any sign, other than a pole sign, where the entire base of
the sign is in contact with the ground and is independent of any other
structure. Said sign shall not measure more than seven feet in total
height above grade.
[Amended 3-18-2020 by Ord. No. 1442]
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
SIGN, INFLATABLE
Any display capable of being expanded by air or other gas
and used on a permanent or temporary basis to advertise a product
or event.
SIGN, OFF-PREMISES
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered at a location other than
the premises on which the sign is located.
SIGN, ON-SITE INFORMATIONAL
A sign commonly associated with, but not limited to, information
and directions necessary or convenient for visitors coming on the
property, including a sign marking entrances and exits, parking areas,
circulation direction, rest rooms, and pickup and delivery areas.
SIGN, POLE
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is seven feet or more above
grade.
[Amended 3-18-2020 by Ord. No. 1442]
SIGN, POLITICAL
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state, or local election.
SIGN, PORTABLE
A sign that is not permanent, affixed to a building, structure,
or the ground.
SIGN, PRICE AND TEMPORARY ITEM
Rigid signs of a professional quality which advertise the
price of a product or service offered on the premises or of special
temporary goods or services being sold or offered. A sandwich board
sign is an example of a price and temporary item sign.
SIGN, PROJECTING
A sign, other than a wall sign, which projects from and is
supported by a wall of a building or structure, extending out beyond
12 inches from the point of attachment, typically having two or more
viewable sides, but for the purpose of this chapter only one side
need be counted as a side for measuring its allowable area and sign
count. Signs printed on or affixed to awnings and canopies shall also
be considered projecting signs.
SIGN, REAL ESTATE
A sign relating to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
SIGN, ROOF
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top wall or edge of a building with a flat roof, the eave
line of a building with a gambrel, gable, or hip roof, or the deckline
of a building with a mansard roof.
SIGN STRUCTURE
Supports or materials capable of supporting any sign as defined
in this chapter. A sign structure may be a single pole or may or may
not be an integral part of the building.
SIGN, TEMPORARY
Includes any sign, banner, pennant, valance, or advertising
display intended to be displayed for a limited period of time only.
SIGN, THEATER
A sign having changeable letters used to announce periodic
events and showings pertaining to the performing arts and which are
offered at the location where the sign is displayed.
SIGN, WALL
A sign painted on a building and all other signs connected
to or erected against the wall of a building or structure, with the
exposed face of the sign in a plane parallel to the plane of said
wall, where no part of the sign structure extends more than 12 inches
out from the facade as measured near the points of attachment or contact
to the building. Wall signs are permitted only on walls with street
facings with a maximum of two building sides per building. For purposes
of this chapter, stores/businesses in shopping centers shall count
the wall facing the main customer parking area as a street facing.
For the purpose of this chapter, canopy coloration and/or striping
shall not be considered wall signage.
SOLAR ACCESS
A property owner's right to have the sunlight shine on the
owner's land.
SOLAR COLLECTOR
A device, or combination of devices, structure, or part of
a device or structure that transforms direct solar energy into thermal,
mechanical, chemical, or electrical energy and that contributes significantly
to a structure's energy supply.
STABLE, COMMERCIAL
A use and structure, which may be either principal or accessory
depending on its zoning district and classification, in which equines
are kept primarily for breeding, boarding, training and/or giving
lessons, including rental or hire to the public.
STORY
That portion of a building included between the surface of
a floor and the surface of the floor next above it, or, if there be
no floor above it, then the space between the floor and the ceiling
next above it. A basement or cellar having 1/2 or more of its height
above grade shall be deemed a story for purposes of height regulations.
STREET
A public or private right-of-way usually affording primary
access to abutting property.
STREET, COLLECTOR
The highest order of residential street (see "street hierarchy").
Conducts and distributes traffic between lower-order streets and higher-order
streets (arterials and expressways). Since its function is to promote
free traffic flow, access to homes and parking should be prohibited.
Collectors should be designed to prevent use as shortcuts by non-neighborhood
traffic. Total traffic volume should not exceed 3,000 ADT.
STREET, FRONTAGE
A street contiguous and parallel to a traffic artery and
affording direct vehicular access to abutting property.
STREET HIERARCHY
The conceptual arrangement of streets based upon function.
A hierarchal approach to street design classifies streets according
to function, from high-traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STREET, MAJOR ARTERIAL
A street with access control, channelized intersections,
and restricted parking and that collects and distributes traffic to
and from minor arterials.
STREET, MINOR ACCESS
The lowest order of residential street (see "street hierarchy").
Provides frontage for access to private lots and carries traffic having
destination or origin on the street itself. Designated to carry traffic
at slowest speed. Traffic volume should not exceed 250 ADT at any
point of traffic concentration. The maximum number of housing units
should front on this class street.
STREET, MINOR ARTERIAL
A street with signals at important intersections and stop
signs on the side streets and that collects and distributes traffic
to and from collector streets.
STREET, SUBCOLLECTOR
Middle order of residential street (see "street hierarchy").
Provides frontage for access to lots and carries traffic to and from
adjoining residential access streets. Traffic should have origin or
destination in the immediate neighborhood. Traffic volume should not
exceed 500 ADT at any point of traffic concentration.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
substantial change in the roof structure or in the exterior walls.
STRUCTURE
A combination of materials other than natural terrain or
plant growth erected or constructed to form a shelter, enclosure,
retainer, container, support, base, pavement or decoration.
STRUCTURE, ACCESSORY
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
STRUCTURE, PERMANENT
A structure placed on or in the ground or attached to another
structure in a fixed and determined position and intended to remain
in place for a period of more than nine months.
STRUCTURE, PRINCIPAL
A structure used or intended to be used for the principal
use as permitted on such lot by the regulations of the district in
which it is located.
SUBSTANTIAL LANDSCAPE BASE AREA
A planting space at the base of a sign face whose cultivated
area equals that of the associated sign face square footage and in
which perennial vegetation and/or shrubs cover at least 50% of the
cultivated area.
TAVERN
A commercial establishment serving the public and offering
the sale of fermented malt beverages and/or intoxicating liquors for
consumption on the premises. This definition does not include private
lodges or clubs selling fermented malt beverages and/or intoxicating
liquors only to members and to guests invited by members.
TOURIST HOME
A building in which lodging, with or without meals, is offered
to transient guests for compensation and having no more than five
sleeping rooms for this purpose with no cooking facilities in any
such individual room or apartment.
TRADITIONAL NEIGHBORHOOD
A compact, mixed-use neighborhood where residential, commercial
and civic buildings are within close proximity to each other.
TRAILER, HOUSE
Any shelter designed and equipped to provide sleeping and
living quarters and designed to be transported from place to place
rather than to be constructed upon permanent foundations. Any such
structure from which the wheels have been removed shall be construed
to be a permanent dwelling structure.
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
USE, ACCESSORY
A use subordinate to and customarily incident to the permitted
principal use.
USE, CONDITIONAL
A use which is generally acceptable in a particular zoning
district but which, because of its characteristics and the characteristics
of the zoning district in which it would be located, requires review
on a case-by-case basis to determine whether it should be permitted,
conditionally permitted, or denied.
USE, PERMITTED
That utilization of land by occupancy, activity, building
or other structure which is specifically enumerated as permissible
by the regulations of the zoning district in which said land is located.
USE, PRINCIPAL
The main or primary use of property or structures as permitted
on such lot by the regulations of the district in which it is located.
VARIANCE
An authorization granted by the Zoning Board of Appeals to
construct or alter a building or structure in a manner that deviates
from the dimensional standards of this chapter.
WATERSHED
The entire region or area contributing runoff or surface
water to a particular watercourse or body of water.
WELL
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods for the purpose of obtaining groundwater,
regardless of its intended use.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, excavating,
temporary water level stabilization measures or dike and dam construction
in a wetland area.
WETLANDS
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
ZONING ADMINISTRATOR and ADMINISTRATIVE OFFICIAL
The administrative officer designated to administer this
chapter and issue zoning permits. The term "Zoning Administrator"
and/or "administrative official" as used herein does not include the
Common Council for the City of Muskego.
ZONING DISTRICT
A specifically delineated area within the City of Muskego
within which uniform regulations and requirements govern the use,
placement, spacing, and size of land and buildings.
ZONING MAP
The map or maps which are adopted as a part of this chapter
and which delineate the boundaries of zoning districts.