City of Lake Mills, WI Introduction and Definitions

Abbreviations and symbols. The following abbreviations are used in this chapter and are intended to have the following meanings:

	Abbreviation	Definition
	AC/ac	Acre(s)
	ADT	Average daily traffic
	APF	Adequate public facilities
	CAPF	Certificate of adequate public facilities
	dB	Decibel
	DBH	Diameter at breast height, used in measuring tree size
	d.u.	Dwelling unit
	FAR	Floor area ratio
	FEMA	Federal Emergency Management Agency
	FT/ft	Foot or feet
	g.d.	gross density
	GFAR	Gross floor area ratio
	GSR	Greenspace ratio
	GSA	Gross site area
	ISR	Impervious surface ratio
	LBS or lbs	Pounds
	LEQ	Equivalent A-weighted sound level
	LSR	Landscape surface ratio
	MGD	Maximum gross density
	n.d.	Net density
	NFAR	Net floor area ratio
	OHWM	Ordinary high water mark
	OSR	Open space ratio
	ROW	Right-of-way
	SF/sf	Square foot or square feet
	TND	Traditional neighborhood development
	TOT	Time of travel
	UDC	State of Wisconsin Uniform Dwelling Code
	USACE	United States Army Corps of Engineers
	USHUD	United States Department of Housing and Urban Development
	WisDOT	Wisconsin Department of Transportation
	WDOA	Wisconsin Department of Administration
	WDNR	Wisconsin Department of Natural Resources
	=	Equal
	<	Is less than
	<	Is less than or equal to
	>	Is greater than
	>	Is greater than or equal to

Specific words and phrases. Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to zoning and land use. Words not defined in this section shall be construed in the generally acceptable meaning as defined in the most recent edition of Webster's Seventh New Collegiate Dictionary. The following words, terms and phrases, wherever they occur in this chapter, shall have the meanings ascribed to them by this section. Definitions provided by this section include:

A ZONES

Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

A-WEIGHTED SOUND LEVEL

The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level to read is designated dB(A) or dBA.

ACCESSORY RESIDENTIAL UNIT (GRANNY FLAT)

An accessory dwelling unit established in conjunction with, and clearly subordinate to, the principal dwelling unit on a single-family zoned lot. Accessory residential units are typically located at the rear of a lot, and are typically located above an attached or detached garage that serves the primary resident, but may be located within the single-family dwelling. Such units may contain a separate kitchen, dining area, bathroom, living area, sleeping area, laundry facilities, and recreation areas, including exterior porches, patios, decks and parking areas. Separate outdoor access to the unit is required; however, external stairs serving as the primary access are prohibited. In addition, separate access to the garage or an internal physical connection to the principal dwelling unit may be provided. A residence with an accessory dwelling unit may not be used in the same manner as a duplex. An accessory dwelling unit shall only be permitted by conditional use within specified residential zoning districts.[1]

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, wetlands, and other undevelopable natural features.

ADEQUATE PUBLIC FACILITIES

Utilities, roads and other infrastructure required by the Municipal Code and adopted policies of the City Council which are in place, or planned for within 24 months of a petition, to serve the most suitable ultimate development of a property as depicted in the adopted Comprehensive Plan.

AFFORDABLE HOUSING UNIT

In accordance with the United States Department of Housing and Urban Development (HUD), "affordable" is housing that costs no more than 30% of a household's monthly income. That means rent and utilities in an apartment or the monthly mortgage payment and housing expenses for a homeowner should be less than 30% of a household's monthly income to be considered affordable.

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 packing, treating, storing, and shipping of farm products. The use of the word "farm" shall have the same meaning as the word "agriculture."

AH ZONE

See "area of shallow flooding."

ALLEY

A public or private right-of-way usually of reduced width that affords only secondary access to a lot, block, or parcel of land. [§ 236.02(1), Wis. Stats.]

ALTER

Any act or process that changes one or more of the exterior architectural features of a structure, including but not limited to the erection, construction, addition, demolition or removal of any structure or part of a structure. Normal maintenance of existing exterior features or materials, including cleaning and painting, shall not fall under this definition of "alter."

ALTERATION

An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

ALTERATION, WETLAND

Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

ANIMAL UNIT

A measure which represents a common denominator for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the maximum carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species and their corresponding animal unit value.

Table 1.1: Animal Unit
Livestock Type		Animal Unit
Dairy cattle	Milking and dry cows	1.4
	Heifers (800 pounds to 1,200 pounds)	1.1
	Heifers (400 pounds to 800 pounds)	0.6
	Calves (< 400 pounds)	0.2
Beef	Steer or cows (>600 pounds)	1.0
	Calves (<600 pounds)	0.5
	Bulls (each)	1.4
Swine	Pigs	0.4
	Sows	0.4
	Boars	0.5
Poultry	Layers	0.033
	Fryers	0.033
	Ducks	0.2
	Turkeys	0.2
Other	Sheep/lamb	0.1
	Goats	0.1
	Horse	1.0

AO ZONE

See "area of shallow flooding."

APARTMENT

A part of a building consisting of a room or rooms designed for residential occupancy by a single family or an individual. The name apartment implies the ability to rent or lease the unit for a specified amount of time.

[Amended 6-6-2006 by Ord. 979]

AREA OF SHADOW FLOODING

A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

BASE FLOOD

Means the flood having a 1% chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.

BASEMENT

A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.

BED-AND-BREAKFAST ESTABLISHMENT

A lodging establishment that has rooms for rent, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

BOARDING, LODGING OR ROOMING HOUSE

A building other than a hotel or motel or bed-and-breakfast establishment wherein sleeping accommodations and other services may be provided for transients or nontransients not members of the family occupying the dwelling unit.

BOATHOUSE

As defined in § 30.01(1d), Wis. Stats., means a structure with one or more walls or sides that has been used for one or more years for the storage of watercraft and associated materials, regardless of the current use of the structure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BUFFERYARD

Any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property.

BUILDING

See "structure."

BUILDING COVERAGE

The total horizontal area or footprint of all covered principal and accessory structures on a site, measured from the outside dimensions of the exterior walls. Accessory structures included in the calculation of building coverage shall include covered garages, guest houses, carports, greenhouses, bath houses, equipment/tool shed, and enclosed patios such as gazebos. The calculation of building coverage shall exclude the following: projections such as cornices, eaves, uncovered entrance steps, at-grade walkways, patios, driveways, uncovered parking areas, uncovered and unenclosed swimming pools, walls, fences, and covered but unenclosed patios.

[Amended 11-6-2018 by Ord. No. 1197A]

BUILDING ENVELOPE

The volume of space for building or construction as defined by the minimum setbacks and the maximum allowable building height.

BUILDING FRONT

That exterior wall of a building which faces the front lot line of the lot.

BUILDING HEIGHT

See "height, building."

BUILDING LINE

A line on a lot, generally parallel to a lot line or public or private road right-of-way line, located a sufficient distance from either to provide the minimum yards required by this chapter. The building line determines the area in which buildings are permitted subject to all applicable provisions of this chapter. This is also referred to as a "setback."

BUILDING SEPARATION

The narrowest distance between two buildings. See "minimum building separation."

BUILDING SIZE

The total gross floor area of a building. See "maximum building size."

BULK

The combination of building height, size, and location on a lot.

BULKHEAD LINE

A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the WDNR pursuant to § 30.11, Wis. Stats., and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.

BULKHEAD LINE

A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the WDNR pursuant to Wis. Stats. § 30.11., and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.

BUSINESS, CONVENIENT CASH

A business licensed pursuant to Wis. Stats. § 218.05 or 138.09, engaged in the "payday loan business," "title loan business," "currency exchange business" (also known as "check cashing"), or any other substantially similar business. Convenient cash businesses do not include financial institutions as defined below. For purposes of this chapter, the following definitions apply:

BUSINESS, CURRENCY EXCHANGE

In accordance with § 218.05, Wis. Stats., any business except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under Ch. 186, Wis. Stats., pursuant to a certificate of authority from the Wisconsin Commissioner of credit unions, engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. This term does not include any person engaged in the business of transporting for hire bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state, who in the course of such business or profession and, as an incident thereto, cashes checks, drafts, money orders or other evidences of money.

BUSINESS, PAYDAY LOAN

A business that provides unsecured loans with an initial term of 91 days or less in which the amount borrowed does not exceed $2,000 and is usually for a period from the time of the loan until the borrowers next payday for which the lender charges either fees or interest for the loan.

BUSINESS, TITLE LOAN

Any business providing loans to individuals in exchange for receiving title to the borrower's motor vehicle as collateral.

CAMPGROUND

Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

CAMPING UNIT

See "recreational vehicle."

CERTIFICATE OF ADEQUATE PUBLIC FACILITIES (CAPF)

Written determination by the Zoning Administrator that the requirements of this chapter pertaining to adequate public facilities are achieved.

CERTIFICATE OF COMPLIANCE

A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.

CHANNEL

A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

COMMERCIAL INDOOR LODGING

Commercial indoor lodging facilities include land uses which provide overnight or other short-term housing to transients in individual rooms or suites of rooms in exchange for compensation. Such land uses may provide in-room or in-suite kitchens, private bathrooms, or indoor recreational facilities for the exclusive use of their customers. Such land uses may also be considered tourist rooming houses.

COMMUNICATION TOWER

Self-supporting, telescoping, monopole, or guyed communication antenna towers systems and accessories for telecommunications.

COMMUNITY CHARACTER

The impression which an area makes in regard to the type, intensity, density, quality, appearance, and age of development.

COMPREHENSIVE PLAN

An extensively developed plan, map, or other document pertaining to planning and adopted by the City Council or the Plan Commission in accordance with Wis. Stats. § 66.1001 which may pertain to the division of lands, including the Comprehensive Development Plan, the Official Map, comprehensive utility plans, and other planning documents Including proposals for future land use, transportation, urban redevelopment and public facilities. Devices for the implementation of these plans, such as ordinances pertaining to zoning, Official Map, land division, and building development and capital improvement plans shall be considered as planning documents within this definition.

CONDOMINIUM

A form of property ownership providing for individual ownership of a unit within a structure where the land, other parts of the structure, and other facilities are held in common with other owners pursuant to Chapter 703, Wis. Stats.

CRAWL SPACE

An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

DAMAGE, SUBSTANTIAL

Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the equalized assessed value of the structure before the damage occurred.

DAY-CARE CENTER

A licensed facility where a person, other than a relative or guardian, provides, for compensation or consideration, or both, care and supervision of four or more children under seven years of age, for less than 24 hours a day.

DAY-CARE CENTER, ADULT

A daytime community-based program for functionally impaired adults that provides a variety of health, social and related support services in a protective setting.

DAY-CARE CENTER, FAMILY

Provides care for four through eight children.

DAY-CARE CENTER, GROUP

Provides care for nine or more children.

DECIBEL (DB)

A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

DECK

An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.

DECORATIVE WATER FEATURE

Any man-made stream, fountain, waterfall, or other such water feature that contains water that flows or is sprayed into the air, constructed for decorative, scenic, or landscape purposes.

DEMOLISH

Any act or process which destroys or removes in part or whole a landmark or structure within a historic district or any landmark or structure designated as a historic structure or historic site.

DENSITY

A term used to describe the number of dwelling units per acre.

DEVELOPMENT

Any man-made 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 substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition of extraction of earthen materials.

DISPLAY, MERCHANDISE

See "display, outdoor" and the regulations as outlined in §§ 660-22 and 660-84.

DISPLAY, OUTDOOR

Outdoor display consists of the display of merchandise or equipment offered for sale or rent on the property. See regulations outlined in §§ 660-22 and 660-84.

DRIPLINE

Outer perimeter edge of a tree canopy as transferred perpendicularly to ground level.

DRY LAND ACCESS

A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.

DWELLING

A residential building or part thereof, occupied or intended to be occupied for nontransient residence purposes, but not including habitations provided in nonresidential uses such as boarding, lodging or rooming houses.

DWELLING UNIT

A room or group of rooms, providing or intended to provide permanent living quarters for not more than one family.

DWELLING UNIT, ACCESSORY

See "accessory residential unit."

DWELLING UNIT, UPPER-STORY

Dwelling units which are located above the ground or lower floor of a building used for an office, commercial or institutional land use.

DWELLING, ATTACHED

A dwelling that is joined to another dwelling at one or more sides by a shared wall or walls.

DWELLING, DETACHED

A detached building on a single lot without a common wall between dwelling units.

DWELLING, DETACHED SINGLE-FAMILY HOME

A detached building designed for or occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence which is located on an individual lot or within a group development. The dwelling unit must be a site built, structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the United States Department of Housing and Urban Development (HUD) code. For any of these dwelling units, the use of a permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences, but includes modular, mobile, and manufactured homes, subject to § 660-75.

DWELLING, DUPLEX

These dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence or upper unit and lower unit. The two residences are located on the same lot. These dwelling unit types may not be split into additional residences.

DWELLING, MULTIPLE-FAMILY

This dwelling unit type consists of an attached, multifamily residence which has a private, individual exterior entrance. These dwelling typically contain no less than three dwelling units in an individual structure.

DWELLING, ONE-FAMILY

A detached building designed for or occupied exclusively by one family. One-family dwellings include manufactured homes and mobile homes.

DWELLING, TOWNHOUSE

This dwelling unit type consists of attached, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences.

DWELLING, TWIN HOME

These dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. The two residences are located on separate lots, but connected by a common or party wall, and the separate lots may also be referred to as zero lot line lots. The twin-home is distinguished from the duplex by having each unit located on an individual lot or within a group development. These dwelling unit types may not be split into additional residences.

DWELLING, TWO-FAMILY

A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

DWELLING, TWO-FLAT

This dwelling unit type consists of a single-family residence, which is in complete compliance with the State of Wisconsin Uniform Dwelling Code (UDC), and which has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences.

EASEMENT

An area of land set aside, or over or through which liberty, privilege, or advantage in land, distinct from ownership of the land, is granted by the owner to the public or some particular person or part of the public, or utility.

ENCROACHMENT, FLOODWAY

Any fill, structure, equipment, use or development in the floodway.

EQUIVALENT A-WEIGHTED SOUND LEVEL (LEQ)

The equivalent steady-state sound level, which in a stated period of time contains the same acoustic energy as the time-varying sound level during the same period. For purposes of measuring or predicting noise levels, a receptor is assumed to be at ear height, located five feet above ground surface. "Leq(h)" means the hourly value of Leq.

EROSION

The detachment and movement of soil, sediment, or rock fragments by water, ice, or wind.

EXISTING NOISE LEVEL

The highest hourly noise level caused by existing conditions in a particular area.

EXTRATERRITORIAL AREA

The area outside of the City Limits in which the City of Lake Mills may exercise extraterritorial powers of planning, land division, and/or zoning review.

FAMILY

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

(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.

(2)

This definition is not intended to prohibit group homes or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the State Department of Health Services or the State Department of Children and Families or other state department or agency.

FINANCIAL INSTITUTIONS

Any business authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. This term does not include a currency exchange, payday loan business or a title loan business.

FLOOD FREQUENCY

The probability of a flood occurrence which is determined from statistical analyses. 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.

FLOOD HAZARD BOUNDARY MAP

A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.

FLOOD INSURANCE RATE MAP (FIRM)

A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

FLOOD INSURANCE STUDY

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.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions.

(1)

The overflow or rise of inland waters;

(2)

The rapid accumulation or runoff of surface waters from any source;

(3)

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Rock Lake; or

(4)

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

FLOOD FRINGE

That portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

FLOODPLAIN

Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the flood fringe, and may include other designated floodplain areas for regulatory purposes.

FLOODPLAIN ISLAND

A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

FLOODPLAIN MANAGEMENT

Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

FLOOD PROFILE

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.

FLOODPROOFING

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.

FLOOD PROTECTION ELEVATION

An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. Also see "freeboard."

FLOOD STORAGE

Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

FLOODWAY

The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space (decks are not included in this measurement). Measurements shall be made from the inside of the exterior walls and to the center of interior walls.

FLOOR AREA RATIO (FAR)

The gross floor area of all buildings on a lot divided by the lot area.

FLOOR AREA RATIO, NET

Net floor area ratio (NFAR) includes the sum of the gross horizontal area of a floor or several floors of a building or structure measured from the interior face of exterior walls or the center line of a wall separating two buildings or structures, not including uninhabitable/unusable attics or basements, underground parking, uncovered steps, unused decks or exterior balconies, mechanical rooms, elevator shafts, permanent accessory storage, internal loading areas, and other areas as determined by the Zoning Enforcement Officer.

FLOOR AREA, LIVABLE

The total habitable floor area of all heated floor space above finished grade measured from the outside dimensions of the exterior wall and excluding all non-dwelling areas such as attic, storage, carport, and garage, and other unheated areas.

FLY

A fly is a piece of fabric, which moves or floats in the air and is supported by cables or ropes attached to buildings or support posts.

FREEBOARD

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 riverbed or streambed.

FRONTAGE

That side of a lot abutting on a street; the front lot line.

FUTURE NOISE LEVEL

The highest hourly traffic noise level based on estimated traffic volumes within a twenty-year period after the completion of construction of the new highway facility.

GARAGE, PRIVATE RESIDENTIAL

A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

GREEN SPACE RATIO (GSR)

The percentage of the gross site area which is preserved as permanently protected green space. Green space ratio is calculated by dividing the area of permanently protected green space by the gross site area. See "minimum green space ratio."

GROSS DENSITY

The result of dividing the number of dwelling units located on a site by the gross site area. See "maximum gross density."

GROSS FLOOR AREA

The total floor area on all levels of a building.

GROSS SITE AREA (GSA)

The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development.

GUEST HOUSE

Living quarters for guests or servants, on a property with a principal residence, in an accessory structure or attached to the principal residence.

[Added 11-6-2018 by Ord. No. 1197A]

HARDSHIP, UNNECESSARY

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.

HEARING NOTICE

Publication or posting meeting the requirements of Wis. Stats. Ch. 985.

HEIGHT, BUILDING

The vertical distance from the average elevation of the finished surface of the ground adjacent to the exterior walls of the building or structure to the highest point of a flat roof, or to the deck line of a mansard roof, or to the average height between the eave and the highest point of a gambrel, hip or pitch roof. Also applies to sheds and other similar structures.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HIGH FLOOD DAMAGE POTENTIAL

Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

HISTORIC DISTRICT

An area designated by the City Council on recommendation of the Plan Commission, acting as the designated Historic Preservation Commission, that contains two or more contiguous historic sites or sites occupied by historic structures.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

HISTORIC PRESERVATION PLAN

A comprehensive document that includes a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development in the area, and a specific statement of preservation objectives for the area.

HISTORIC SITE

Any parcel of land of historic significance due to its substantial value in tracing the history or prehistory of humanity, or upon which a historic event has occurred, and which has been designated as a historic site under this section, or an improved parcel, or part thereof, on which is situated a historic structure and any abutting improved parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.

HISTORIC STRUCTURE

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 a historic structure pursuant to the provisions of this chapter.

HOME OCCUPATION

A use customarily carried on in a business establishment that is permitted to be carried on in a residence. Said use is incidental to the primary residential purpose, thus the residential character of the property is not changed.

HOME, MANUFACTURED

A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 through 5426, which, when placed on a site, is set on an enclosed foundation in accordance with Wis. Stats. Chapter 101, Subchapter V.

HOME, MOBILE

This dwelling unit type consists of a fully detached, single-family residence, which has not received a federal manufactured housing certificate and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences.

HOME, TWIN

See "dwelling, twin home."

HOTEL

See "commercial indoor lodging."

HOUSEBOAT, FIXED

As defined in § 30.01(1r), Wis. Stats., means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spud poles attached to the bed of the waterway.

HYDRONIC HEATERS

Outdoor wood heaters or outdoor wood-fired boilers typically located outside the buildings they heat with short smokestacks. Typically, they burn wood to heat liquid (water or water-antifreeze) that is piped to provide heat and hot water to occupied buildings such as homes or outbuildings. Hydronic heaters may also be located indoors and they may use other biomass as fuel (such as corn or wood pellets).

IMPERMISSIBLE INTERFERENCE

A blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under § 660-167 of this chapter during a collector use period.

IMPERVIOUS SURFACE

Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as concrete, brick, asphalt, and similar paved surfaces are considered impervious. Gravel areas and areas with "landscaped pavers" and "permeable pavement" which are intended for vehicular traffic are considered to be impervious.

IMPERVIOUS SURFACE AREA RATIO (ISR)

The percentage of the gross site area or lot area which contains impervious surface.

IMPROVEMENT

Any building, structure, place, work of art or other object constituting a physical addition to real property, or any part of such addition, including but not limited to, streets, alleys, sidewalks, curbs, lighting fixtures, and signs.

IN-FAMILY SUITE

An area within a dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas, including exterior porches, patios, and decks. In addition to the required internal physical connection, separate outdoor access or separate access to the garage may be provided.

INCREASE IN REGIONAL FLOOD HEIGHT

A calculated upward rise in the regional flood elevation greater than 0.00 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.

INTENSITY

A term used to describe the amount of gross floor area or landscaped area on a lot or site, compared to the gross area of the lot or site.

JUNK

Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

JUNKYARD

Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other types of junk.

LAKE SHORE

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; and 300 feet from a river or stream; or to a landward side of the floodplain, whichever distance is the greater. Lake shores shall not include those lands adjacent to farm drainage ditches where: (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.

LAND-DISTURBING CONSTRUCTION ACTIVITY

Any man-made change of the land surface including removing vegetation cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens, harvesting of trees; and landscaping modifications.

LANDOWNER

See "owner."

LAND USE

The type of development and/or activity occurring on a piece of property.

LAND USE, COMMERCIAL

Use of land for the retail or wholesale sale of goods or services.

LAND USE, INDUSTRIAL

Use of land for manufacturing or assembly of raw materials into products.

LAND USE, INSTITUTIONAL

Use of land for public or quasi-public uses, including schools, churches, civic, park, and utility operations or activities.

LANDSCAPE SURFACE AREA RATIO (LSR)

The percentage of the gross site area or lot area which is preserved as permanently protected landscaped area.

LANDSCAPED AREA

The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced ground covers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters.

LIGHT SOURCE

A single artificial point source of luminescence.

LIVING QUARTERS

Living quarters, when applied to accessory structures; shall be defined as including toilet or kitchen facilities.

LOT

A parcel of land that:

(1)

Is undivided by any street or private road;

(2)

Is occupied by, or designated to be developed for occupancy by a use permitted in this chapter, including one principal building or use, together with any accessory buildings, open spaces, and parking spaces required by this chapter; and

(3)

Has its frontage upon a street or upon an officially approved place.

LOT AREA

The total area in a horizontal plane within the peripheral boundaries of a lot.

LOT DEPTH

The mean horizontal distance of a parcel measured from the rear lot line to the front lot line along each side yard setback.

LOT FRONTAGE

Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this chapter shall be provided at each such line.

LOT INTERIOR

A lot other than a corner lot.

LOT LINE

A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

LOT LINE

A lot line is the property line (including the vertical plane established by the line and the ground) bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.

LOT LINE, FRONT

A lot line which abuts a public or private street right-of-way. In the case of a lot which has two of more street frontages, the lot line along the street from which the house is addressed shall be the front lot line.

LOT LINE, REAR

In the case of rectangular or most trapezoidal-shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be selected by the property owner.

LOT LINE, SIDE

Any boundary of a lot which is not a front lot line, a street side lot line, or a rear lot line.

LOT LINE, STREET SIDE

Any lot line which abuts a public or private street right-of-way which is not the front lot line.

LOT OF RECORD

A platted lot or lot described in a certified survey map or in a metes and bounds description which has been approved by the City or by Jefferson County; and has been recorded in the office of the Register of Deeds.

LOT WIDTH

The shortest distance between the side lot lines of a lot measured at the midpoint of the building line.

LOT, CORNER

A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135°.

LOT, INTERIOR

A lot other than a corner lot.

LOT, NONCONFORMING

See "lot, substandard."

LOT, SUBSTANDARD

A lot of record which lawfully existed prior to this chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this chapter.

LOT, THROUGH

A lot, other than a corner lot, with frontage on more than one street. Double-frontage lots shall normally be deemed to have two front yards and two side yards and no rear yard.

LOWEST ADJACENT GRADE

Elevation of the lowest ground surface that touches any of the exterior walls of a building.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

LUMINAIRE

A complete lighting unit consisting of a lamp or lamps, together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

LUMINAIRE, CUTOFF

Any luminary that does not emit light at an angle greater than 90° from vertical and has less than 10% of maximum candlepower above 75°.

MAINTENANCE

The act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.

MANUFACTURED HOME

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 recreational vehicle.

MAXIMUM FLOOR AREA RATIO (FAR)

The largest amount of floor area permitted on a lot. See "floor area ratio."

MAXIMUM GROSS DENSITY (MGD)

The maximum number of dwelling units permitted per acre.

MINIMUM BUILDING SEPARATION

The narrowest permitted building separation.

MINIMUM DWELLING UNIT SEPARATION

The narrowest permitted dwelling unit separation.

MINIMUM SETBACK

The narrowest distance permitted from a street, side, or rear property line to a structure.

MIXED USE

Some combination of residential, commercial, industrial, office, institutional, or other land uses within a district or development.

MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING

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 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.

MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING

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.

MODEL, CORRECTED EFFECTIVE

A hydraulic engineering model that corrects any errors that occur in the duplicate effective model, adds any additional cross sections to the duplicate effective model, or incorporates more detailed topographic information than that used in the current effective model.

MODEL, DUPLICATE EFFECTIVE

A copy of the hydraulic analysis used in the effective FIS and referred to as the "effective model."

MODEL, EFFECTIVE

The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.

MODEL, EXISTING (PRE-PROJECT)

A modification of the duplicate effective model or corrected effective model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the corrected effective model or duplicate effective model.

MODEL, REVISED (POST-PROJECT)

A modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect revised or post-project conditions.

MOTEL

See "commercial indoor lodging."

NAVD or NORTH AMERICAN VERTICAL DATUM

Elevations referenced to mean sea level datum, 1988 adjustment.

NAVIGABLE WATERS

(1)

Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all 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. Under § 281.31(2m)(a), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 62.231, Wis. Stats., and Chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches, if:

(a)

Such lands are not adjacent to a natural navigable stream or river;

(b)

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

(c)

Such lands are maintained in nonstructural agricultural use.

(2)

Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state, though it may be dry during other seasons.

NEW CONSTRUCTION

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 community 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.

NGVD or NATIONAL GEODETIC VERTICAL DATUM

Elevations referenced to mean sea level datum, 1929 adjustment.

NOISE BARRIER

Any device which reduces the transmissions of highway traffic noise from a highway to an adjacent receptor, including but not limited to, earth berms, walls made from timber, metal, concrete, or any combination.

NOISE LEVELS

The sound level obtained through use of A-weighting characteristics. The unit of measure is the decibel (dB), commonly referred to as dBA when A-weighting is used.

OBSTRUCTION TO FLOW

Any development which blocks the conveyance of floodwaters such that this development, alone or together with any future development, will cause an increase in regional flood height.

OFFICIAL MAP

A map indicating the location, width, and extent of existing and proposed streets, highways, drainageways, parks, playgrounds, and other facilities, as adopted by the City Council pursuant to § 62.23, Wis. Stats.

ORDINARY HIGH-WATER MARK (OHWM)

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 LIVING AREA

Spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, residential play areas; outdoor patient recovery or resting area associated with hospitals, convalescent hospitals, or rest homes; outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas, and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).

OUTDOOR WOOD-FIRED BOILERS

See "hydronic heaters."

OWNER

The owner of record of fee simple title to any lot that is a part of properties, including contract sellers and vendees, but excluding those having such interest merely as security for the performance of an obligation, and excluding those who have a lien upon the property by provision or operation of law.

PERSON

An individual, or group of individuals, corporation, partnership, association, municipality or state agency.

PRIVATE SEWAGE SYSTEM

A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

PUBLIC UTILITIES

Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

REASONABLY SAFE FROM FLOODING

Base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

RECHARGE AREA

Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.

RECREATIONAL PURPOSE

A temporary structure is intended for the relaxation and enjoyment of the owner and not used for any commercial purpose.

RECREATIONAL VEHICLE (RV)

The term "motor home" is often used interchangeably with "RV." A motor home, however, is an informal phrase, used to describe a variety of recreational vehicles (RVs), while recreational vehicle (or RV) is a technical and legal term. The United States Department of Transportation categorizes RVs by class. For the purposes of this chapter, the term "recreational vehicle" or "RV" will include the following vehicle types and units:

(1)

Class A RVs. Class A RVs are motor homes, regardless of the type of chassis beneath them and whether or not the vehicle contains "slide-outs" (additional living spaces that slide out when the vehicle is stopped for camping). Class A also includes commercial passenger and school buses that are converted into RVs (these are often the largest mobile homes available). Class A RVs are generally luxurious mobile homes with a solid body, a panoramic front window, berths that convert from living room or dinette areas, and bathroom facilities.

(2)

Class B RVs. Class B RVs are camper vans or conventional vans with raised roofs (either "pop-up" or "fixed"). They often have small kitchens with refrigerators and gas grills. Larger models may have a water heater, heat and air conditioning, a portable toilet, or an internal shower. Smaller models usually have a portable toilet and an external shower, which can be used with an awning to ensure privacy.

(3)

Class C RVs. Unlike a Class A mobile home, which is built on a single chassis, a Class C vehicle is attached to a truck and hauled behind. Class C RVs are characterized by a distinctive alcove which fits over the truck cab, providing either a double berth for sleeping or, sometimes, an "entertainment" section, with a TV and video games.

(4)

Other RV Types. Other types of RVs or motor homes include:

(a)

Truck campers. Similar to the C-class vehicles described above, these are smaller RVs, carried in the beds of pickup truck.

(b)

Pop-up campers. Collapsible campers with pull-out berths and tent walls, towed in a compact unit behind a vehicle.

(5)

Travel trailers (or caravans). Noncollapsible, lightweight trailers with simple amenities, towed behind a vehicle.

REGIONAL FLOOD

A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a 1% chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.

RESIDENCE, FARM

A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses.

RIGHT-OF-WAY, ULTIMATE

The required future right-of-way for a street, highway, alley, or other public way as illustrated in the adopted Comprehensive Plan or the adopted Official Map for the City of Lake Mills.

RIPARIAN

Of or relating to or located on the banks of a navigable lake, river, or stream.

ROOM

A space used for living, sleeping, eating or cooking, or combinations thereof, but not including bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility rooms, basement recreation rooms and similar spaces.

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.

SETBACK

The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line.

SETBACK BASE AREA

The land lying between the edge of the existing street right-of-way line and the setback base line.

SETBACK BASE LINE

The line from which all required setbacks are measured, which line corresponds to the established ultimate street right-of-way line.

SHORELAND-WETLAND ZONING DISTRICT

A zoning district, created as a part of this chapter, comprised of shorelands that are designated as wetlands on final wetland inventory maps prepared by the WDNR, with the exception of those wetlands described in § NR 117.05(1)(b)2, Wis. Adm. Code.

SHORELANDS

Defined in § 59.692(1)(b), Wis. Stats., to mean the area within the following distances from the ordinary high-water mark of navigable waters, as defined in § 281.31(1)(d), Wis. Stats.

(1)

One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake.

(2)

Three hundred feet from a river or a stream or to a landward side of the floodplain, whichever distance is greater.

SIGN

Any object, device, display, structure, or part thereof, situated or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, 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, city, religious, fraternal, or civic organization; also 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 are not included in the definition of a sign. Definitions of particular functional, locational and structural types of signs are listed in this chapter. Traffic control and public agency signs located within a right-of-way, public art approved by the Plan Commission and legal holiday displays are not included within this definition and are not regulated by the provisions of this chapter.

SIGN, ABANDONED

A sign that no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product, activity conducted, or product available on the premises where such a sign is displayed.

SIGN, AUXILIARY

A sign that provides special information such as price, hours of operation, or warning and that does not include brand names, or information regarding product lines or services. It may contain a business logo if the logo is less than one square foot in area. Examples of such signs include directories of tenants in buildings, no trespassing signs, menu boards, and signs that list only prices of gasoline.

SIGN, BUSINESS

A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, offered, or manufactured upon the premises where the sign is located.

SIGN, CANOPY

A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance. Canopy signs are considered to be wall signs for purposes of determining the maximum sign area.

SIGN, CONSTRUCTION

A sign indicating the name of the contractors, engineers, architect, financiers and related companies or products being used in construction on the lot.

SIGN, DECORATIVE FLAG

A sign displayed by a land use that is not the official flag of a government, religious, fraternal or civic organization. Decorative flags shall be regulated as a freestanding sign, and shall count toward the total sign area and sign number requirements of a business, and must be displayed only during business hours in a location approved by the Zoning Administrator.

SIGN, DIRECTIONAL

A sign which indicates only the name, direction, address, logo and/or distance of a business or activity. Directional signs may be located off-premises if erected by a government agency, nonresidential land use, or as a special event sign. Only those directional signs erected by a government agency may be located in a public right-of-way.

SIGN, DIRECTIONAL, ON-PREMISES

A sign that indicates only the name or direction of a pedestrian or traffic facility, or a particular building within a complex of structures, on the property on which said facility or building is located.

SIGN, ELECTRONIC MESSAGE UNIT

A sign the message of which may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic or charitable events or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.

SIGN, EXEMPT

A sign that does not require a permit application or fee.

SIGN, FREESTANDING

A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. This type of sign includes monument signs and pylon signs. The base or support(s) of any and all freestanding signs shall be securely anchored to a concrete base or footing. The footing and related supporting structure of a freestanding sign, including bolts, flanges, brackets, etc., shall be concealed by the sign exterior, masonry covering, earth and permanent ground cover, or through the use of evergreen shrubs.

SIGN, GROUND

See "sign, monument."

SIGN, GROUP

A sign displaying the collective name of a group of uses such as the title of a shopping center, office park, or industrial park and its tenants. No sales or price information shall be permitted. Portions of the sign containing names of individual tenants shall be considered as part of the area of a group sign. A group sign shall be considered a single sign structure.

SIGN, ICONIC DISPLAY

An iconic display sign is a physical representation of the products for sale or operations of a business. The display is typically three-dimensional and does not have "sides." Flat (less than twelve-inches in depth) and two-sided is considered a projecting sign. The iconic display is not considered a wall or projecting sign as it contains no words or text. The iconic display is attached to and projects more than one foot, generally perpendicular, from a structure or building face. Examples of iconic displays include (but are not limited to) a loaf of bread or cupcake for a bakery, a martini glass for a cocktail bar, a steer for a butcher shop, grapes for wine sales, or hammer for a hardware store.

SIGN, IDENTIFICATION

A sign indicating the name and/or address of the multifamily development and of the manager of the multifamily property located upon the residential premises where the sign is displayed.

SIGN, INTEGRAL BUILDING

A sign bearing the name of a building, dates of construction, commemorative tablets and the like, which is an integral part of the building or structure.

SIGN, MARQUEE

An overhanging sign providing a canopy of a theater, auditorium, fairground, museum or other use, which advertises present and scheduled events.

SIGN, MOBILE OR PORTABLE

A sign mounted on a frame or chassis designed to be easily relocated, including vehicles and/or trailers whose principal commercial use is for signage.

SIGN, MONUMENT

A freestanding sign whose bottom edge is located within one foot of a ground-mounted pedestal and whose top edge is located no more than eight feet from ground level. The base or support(s) of any and all monument signs shall be securely anchored to a concrete base or footing. The sign shall not be erected so that it impedes visibility for safe pedestrian and/or vehicular circulation. The footing and related supporting structure of a freestanding sign, including bolts, flanges, brackets, etc., shall be concealed by the sign exterior, masonry covering, earth and permanent ground cover, or through the use of evergreen shrubs.

SIGN, NONCONFORMING

A sign that does not conform to the regulations of this chapter.

SIGN, OFF-PREMISES ADVERTISING

A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is displayed. Advertising signs include billboards.

SIGN, POLITICAL

A temporary sign which advocates the outcome of any election or referendum, or which announces the existence of a particular candidate, issue, or subject of any election or referendum, or any vote of a governmental body.

SIGN, PROJECTING

A sign, other than a wall sign, that is attached to and projects more than one foot, generally perpendicular, from a structure or building face.

SIGN, PYLON

A freestanding sign erected upon one or more pylons or posts so that the bottom edge of the sign face is seven feet or more above grade.

SIGN, SIDEWALK (SANDWICH-BOARD, MOVABLE SIGNAGE BOARD)

A sign designed to be self-supporting and displayed on sidewalk during normal business hours.

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

Any sign, banner, pennant, valance, or advertising display not permanently attached to the ground or a structure, and intended to be displayed for a limited period of time only.

SIGN, WALL

A sign mounted parallel to a building facade or other vertical building surface. Wall signs shall not extend beyond the edge of any wall or other surface to which they are mounted, nor shall they project more than 18 inches from the wall or surface. The top of the sign shall be no higher than the portion of the building to which it is mounted.

SIGN, WINDOW

A sign installed inside a window for purposes of viewing from outside the premises. This does not include merchandise located in a window or temporary window advertising by retailers for the purpose of informing the public of a sale or temporary offer. Window signs are considered to be wall signs for the purpose of determining the maximum sign area.

SITE

The entire area included in the legal description of the land on which the land-disturbing or land development activity is proposed in the permit application.

SOLAR COLLECTOR

A device, structure or part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.

SOLAR COLLECTOR SURFACE

Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, support and mounting hardware.

SOLAR COLLECTOR USE PERIOD

From 9:00 a.m. to 3:00 p.m. standard time daily.

SOLAR ENERGY

Direct radiant energy received from the sun. An oscillation in pressure, partial displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

SOUND LEVEL

The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1, 4-197, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

SOUND LEVEL METER

An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter, and weighting networks used to measure sound pressure levels.

START OF CONSTRUCTION

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STEEP SLOPE

Steep slopes are areas which contain a gradient of 12% or greater (equivalent to a ten-foot elevation change in a distance of 83 feet or less), as shown on Environmental Corridor Map or from more accurate on-site survey.

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 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 measurement.

STORY, HALF

A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.

STREET

Unless specifically designated otherwise by the City, any public or private way that is dedicated or permanently open to pedestrian and vehicular use, which is 21 feet or more in width if it exists at the time of enactment of this chapter or any such public right-of-way 50 feet or more in width when established after the effective date of this chapter, or otherwise by approved plat.

STREET, ARTERIAL

A street that provides for the movement of relatively heavy volumes of traffic to, from, or within the City. It has a secondary function of providing access to collector and minor streets and tertiary function of providing access to abutting properties; in Lake Mills: IH 94, STH 89, CTHs A, B, and V.

STREET, COLLECTOR

A street that collects and distributes internal traffic within a distinct urban area such as a residential neighborhood, between the arterial street and local streets. It has a secondary function of providing access to abutting properties; in Lake Mills: Lake Shore Drive, Ferry Drive, Water Street, Owen Street, and Sandy Beach Road.

STREET LINE

The lines that form the boundaries of a right-of-way.

STREET, LOCAL

A street of minimum continuity designed for low speeds and volumes and to provide access to low-traffic-generating property and leading into collector and arterial street systems.

STREET, RESIDENTIAL COLLECTOR

A collector street serving primarily residential land uses which primarily serves to connect local residential streets to collector or arterial streets.

STRUCTURE

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, gas or liquid storage tanks, bridges, dams and culverts.

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, HABITABLE

Any structure or portion thereof used or designed for human habitation.

STRUCTURE, NONCONFORMING

Any building, or other structure, which was lawfully existing under ordinances or regulations preceding this chapter, but which would not conform to this chapter if the building or structure were to be erected under the current provisions of this chapter.

STRUCTURE, PRINCIPAL

A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

STRUCTURE, TEMPORARY

A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. Any building, shed, fence, tent or other membrane structure erected for a period of less than 180 days. Structures intended for use longer than 180 days shall comply with the Wisconsin Building Code as adopted by the City of Lake Mills.

SUBDIVISION

The subdivision of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development, where the act of division creates five or more parcels or building sites of 1 1/2 acres each or less in area; or five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of five years.

SUBSTANTIAL DAMAGE

SUBSTANTIAL IMPROVEMENT

(1)

Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either:

(a)

Any project to improve a structure to comply with existing state or local health, sanitary, or safety code specifications solely necessary to assure safe living conditions; or

(b)

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.

(2)

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. (For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.)

SURFACE, HARD

A dustless, all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a machine-laid two-inch blacktop on a four-inch base or five inches of portland cement will meet this requirement.

TENT

Any membrane structure, enclosure or shelter which is constructed of canvas or any other pliable material supported in any manner except by air or the contents it protects and used only for recreational purposes.

TIME OF TRAVEL (TOT), FIVE-YEAR

The five-year TOT is a portion of the recharge area, the outer boundary of which it is determined or estimated, that groundwater and potential contaminants will take five years to reach a pumping well.

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)

A development that exhibits several of the following characteristics: alleys, streets laid out in a grid system, buildings oriented to the street, front porches on houses, pedestrian orientation, mixed land uses, and village squares or greens.

TRANSIENT PERSON

Any visitor or person who owns, rents, or uses a lodging or dwelling unit, or portion thereof, for less than 30 days and whose permanent address for legal purposes is not the lodging or dwelling unit being occupied.[2]

USE, ACCESSORY

USE, CONDITIONAL

A use which is permitted by this section provided that certain conditions specified in the ordinance are met and that a permit is granted by the City Council.

USE, CONFORMING

A use or activity on a property that conforms to the present requirements of the zoning district in which it is located.

USE, NONCONFORMING

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

USE, PRINCIPAL

Any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use).

VARIANCE

Permission by the Zoning Board of Appeals to depart from the literal requirements of this chapter granted pursuant to § 660-176.

VISION CLEARANCE

An unoccupied triangular space at the corner of a corner which is bounded by the street lines and a setback line connecting points determined by measurement from the corner of each street line.

WATER SURFACE PROFILE

A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

WATERSHED

The entire region contributing runoff or surface water to a watercourse or body of water.

WELL

An excavation opening in the ground made by digging, boring, drilling, driving or other methods to obtain groundwater, regardless of its intended use.

WELLHEAD PROTECTION AREAS

Those zones of influence or TOT at each municipal well that lie within the City of Lake Mills corporate limits.

WETLAND

Defined in § 23.32(1), Wis. Stats., to mean an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation in which have soils indicative of wet conditions.

WIND ENERGY SYSTEM, COMMERCIAL

A wind energy conversion system consisting of more than one wind turbine and tower, a wind energy conversion system which will be used primarily for off-site consumption of power or a wind energy system in excess of 60 kWh.

WIND ENERGY SYSTEM, SMALL

A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used primarily to reduce on-site consumption of utility power. A small wind energy system shall not exceed a rated capacity of 60 kW.

YARD

A required open space that lies between the principal building and the nearest lot line.

YARD, FRONT

A yard extending along the full width of the front lot line between side lot lines and extending from the front street right-of-way line to a depth required in the yard regulations for the district in which the lot is located.

YARD, REAR

A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which the lot is located.

YARD, SIDE

A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which the lot is located.

YARD, SIDE STREET

The area extending between the front lot line and the rear lot line and extending from the side street right-of-way to a depth required in the yard regulations for the district in which the lot is located.

ZERO-LOT-LINE STRUCTURE

A structure that is built on the property line such as a twin house or townhouse.

ZONING DISTRICT, OVERLAY

A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts.

ZONING DISTRICT, STANDARD

Zoning districts which primarily regulate the use of land and intensity or density of such use.

[1]

Editor's Note: The original definition of "accessory structure or use," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2]

Editor's Note: The original definition of "unnecessary hardship," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).