Village of Vernon, WI Article I In General

§ 300-1 Authority and intent.

A. This code is adopted under the authority granted by Chapters 59, 60, 61, 62, 87, 145, 236 and 281 of the Wisconsin State Statutes and amendments thereto. Except as otherwise provided in this code, the current and future provisions of the State Statutes adopted herein are adopted and made a part of this code by references as if fully set forth herein. A violation of any such provisions shall constitute a violation of this code. Any further amendments, revisions, modifications, or additions of the current or future statutes incorporated herein are intended to be made part of this code in order to secure unified statewide regulation.

B. For the purpose of promoting health, safety, morals or the general welfare of the community, this code is enacted:

(1) To regulate the height, location and size of buildings;

(2) To classify and regulate the use of buildings and lands according to their specific characteristics;

(3) To regulate the density of population and the use of lot area;

(4) To regulate and determine the areas of open space surrounding buildings;

(5) To divide the Town into districts of such number, shape and area to carry out the regulations of this code;

(6) To provide for the administration and enforcement of this code; and

(7) To prescribe penalties for the violation of the provisions of this code.

C. In the circumstance where lands are partially within the jurisdiction of the Waukesha County Shoreland and Floodland Protection Ordinance and partially within the jurisdiction of the Town of Vernon Zoning Code, the Town of Vernon shall regulate as follows:

(1) Structures. For any structure that is located partially or fully within the Town of Vernon's jurisdiction, the Town of Vernon shall regulate the portion of the structure that is within the Town of Vernon's jurisdiction, which must comply with all structure location regulations of this code, with the measurements to be made based upon the full dimensions of the lot. The height of structures shall be measured from within the Town of Vernon's jurisdiction. Minimum square footage shall be measured based upon the entire square footage of the structure that is partially or fully within the Town of Vernon's jurisdiction. Maximum square footage shall be measured based upon the entire square footage of the structure, and, as applied to total square footage on the lot, shall include the square footage of all other structures on the lot.

(2) Open space and maximum total building footprint. Any structure or impervious surface constructed on any portion of a lot that is within the jurisdiction of the Town of Vernon must comply with the open space and maximum total building footprint regulations of this code, with the calculation to be made based upon the full dimensions of the lot including consideration of any structures or impervious surfaces on any part of the lot.

[Amended 2-7-2019 by Ord. No. 2019-01]

(3) Uses. Any use that is conducted partially or fully within the Town of Vernon's jurisdiction must comply with the use regulations of this code.

(4) Lots. Any lot that is located partially or fully within the Town of Vernon's jurisdiction must comply with the lot area regulations of this code, with the calculations to be made based upon the full dimensions of the lot.

(5) Other. In order to ensure that the intent of this code can be preserved within the Town of Vernon's jurisdiction, in situations that are not specified above, the regulations of this code shall apply as follows. Where this code regulates issues based upon the entire dimensions of the lot, and the owner seeks to make a change on a portion of the lot that is in the Town of Vernon's jurisdiction, the Town shall regulate the matter arising within the Town of Vernon's jurisdiction based upon the entire dimensions of the lot and the structures and uses thereon. Where this code regulates issues that are not based on the entire dimensions of the lot, the Town shall regulate solely the activities conducted within the Town of Vernon's jurisdiction. Activities conducted solely outside of the Town of Vernon's jurisdiction are not regulated by this code.

(6) It is not the intent of this code to repeal, abrogate, annul, impair, or interfere with the provisions of the Waukesha County Shoreland and Floodland Protection Ordinance.

D. The provisions of this code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code or amendments hereto, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall be from the date of the first adoption of such provisions. By the initial adoption of this code, the Town of Vernon is assuming zoning authority that has previously been exercised by Waukesha County, and therefore this intention to continue ordinances in force immediately prior to the enactment of this code extends to the provision of the Waukesha County Zoning Code, to the extent the provisions of this code are substantively the same.

§ 300-2 Purpose.

The provisions of this code shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the Town. Among other purposes, such provisions are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to preserve burial sites, as defined in § 157.70(1)(b), Wis. Stats. The provisions within this code have been made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.

§ 300-3 Effect on other provisions.

It is not intended by this code to repeal, abrogate, annul, impair or interfere with any existing easement, covenants or agreements between parties, or with any rules, regulations or permits previously adopted or issued pursuant to law; provided, however, that where this code imposes a greater restriction upon the use of building or premises, or upon the height, location, or size of a building, or upon the open space requirements, the provisions of this code shall govern.

§ 300-4 Definitions.

A. General interpretation. For the purpose of this code and when not inconsistent with the context; words used in this code, in the present tense include the future, in the singular number include the plural, and in the plural number include the singular and the term "shall" is always mandatory, not merely permissive.

B. Specific words and phrases. The following words, terms and phrases, when used in this code shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ADULT BOOK STORE

A commercial establishment that has a significant or substantial portion of its stock-in trade, or derives a significant or substantial portion of its revenues from books, magazines and other periodicals, videos, streaming videos, DVDs, tapes, and other similar items, which are distinguished or characterized by their emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas." A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment. This definition excludes films, motion pictures, video cassettes, streaming videos, DVDs, slides or other similar photographic reproductions given an "R" or "NC-17" rating by the Motion Picture Association of America.

ADULT CABARET

A commercial establishment, such as a nightclub, dance hall, bar, restaurant, or similar establishment, that regularly features (1) persons who appear semi-nude; (2) live performances that are characterized by the exposure of specific anatomical areas or by specified sexual activities; or (3) film, motion pictures, video cassettes, streaming videos, DVDs, slides or other photographic reproductions, which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas. This definition excludes films, motion pictures, video cassettes, slides, or other similar photographic reproductions given an "R" or "NC-17" rating by the Motion Picture Association of America.

ADULT ENTERTAINMENT

Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities or specified anatomical areas as defined in this section.

ADULT FAMILY HOME

A place licensed by the state under § 50.033(1m), Wis. Stats.

ADULT MINI-MOTION PICTURE THEATER

An enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

ADULT MOTION PICTURE THEATER

An enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

ADULT-ORIENTED ESTABLISHMENTS

Includes, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments or adult cabarets. The term "adult-oriented establishments" further includes any premises to which public patrons or members are invited or admitted and which are physically arranged to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

AGRICULTURAL OR FARM USE

The use of the land by tilling the ground, and growing, raising, cultivating, fertilizing, producing, and harvesting field crops; by feeding, watering, grazing, breeding, managing, pasturing, or producing livestock, poultry, fur-bearing animals, or dairy animals; by the sale, barter or trade of products related to livestock, poultry, fur-bearing animals, or dairy animals; by any other horticultural, floricultural, or viticulture use; by animal or poultry husbandry; or by any combination thereof.

AGRICULTURAL SALES AND SERVICE

A place where equipment, products, byproducts, or materials primarily associated with agricultural operations are sold, processed, handled, repaired, or stored. Examples include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; food processing facilities; and canning and other packaging facilities.

AMUSEMENT DEVICE

Any coin- or token-operated machine or device, whether mechanical, electrical, or electronic, that is ready for play by the insertion of a coin or token and operated by the public for use as a game, entertainment, or amusement.

APARTMENT

A suite of rooms or a room in a multiple dwelling which suite or room is arranged intended or designated to be occupied as a residence of a single family, individual or group of individuals. Such a suite shall also generally define a dwelling unit.

APARTMENT HOUSE

See "Dwelling, multiple."

APPLICANT

Any person or entity applying for any permit, variance, special exception, conditional use, site plan, plan of operation, rezoning, license, or other application for governmental approval under this code. An applicant shall be a landowner, specifically a person or entity holding fee title to the parcel as set forth below, or other such person having an interest in the parcel where the landowner has authorized such application:

(1) In the case of corporation, an officer or member of the corporation who has overall responsibility for the operation of the site for which the permit is sought.

(2) In the case of a limited liability company, a member or manager.

(3) In the case of a partnership, a general partner.

(4) In the case of sole proprietorship, the proprietor.

(5) For a unit of government, by an elected official or other duly authorized representative.

(6) In the case of an individual, by the individual, the individual's attorney, or one allowed to act as power of attorney.

ARCADE

Any premises containing three or more amusement devices for the primary use and entertainment of the public. Premises for which a license to sell fermented malt beverages and/or intoxicating liquors has been issued may be excluded from this designation.

AREA-WIDE STORMWATER FACILITIES

Stormwater facilities designed to provide peak flow reduction, water quality treatment, and/or groundwater recharge for entire watersheds or drainage areas, which may extend across property lines. Area-wide stormwater facilities coordinate stormwater management for the watershed, including existing and future land development activities and best management practices for individual sites, and to provide for long-term maintenance and funding of the facilities.

BASE SETBACK LINE

The ultimate right-of-way line as established by the Official Map of the Town of Vernon and from which all required setbacks shall be computed.

BASEMENT

A level of a building that is more than 1/2 below the finished grade on at least one side.

[Amended 2-7-2019 by Ord. No. 2019-01]

BED-AND-BREAKFAST FACILITY

An owner-occupied residence often in a building with landmark or historical significant qualities, where lodging for paying guests is offered on a daily or weekly basis and which offers breakfast to those guests as its only meal.

BOARDINGHOUSE

A building or premises where meals or 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.

BREEZEWAY

An above-ground, roofed area for passage for the purpose of connecting two structures or buildings, as between a house and a garage, with either open or enclosed sides, with or without a foundation, and must be designed and constructed in keeping with the existing structures or buildings.

BUILDING

Any structure used, designated or intended for the protection, shelter or enclosure of persons, animals or property.

BUILDING, ACCESSORY

A building or portion of a building subordinate to the principal building and used for a purpose customarily incident to the permitted use of the principal building.

BUILDING, HEIGHT OF

The vertical distance from the average finished grade at the building line to the highest point of any roof line.

BUILDING, PRINCIPAL

The main building on a lot, intended for primary use as permitted by the regulations of the district in which it is located. Any building intended to be used for human habitation shall constitute the principal building. Where the construction of the building constitutes one or more than one structure, it shall be determined by the Building Inspector or Zoning Administrator based upon the above-ground elements; if there is a separation between the above-ground elements so that they appear to be separate structures, the above-ground elements shall be regulated as separate structures, and such separate structures may be restricted or prohibited as regulated herein. This shall be true even if the above-ground elements are connected below ground, or by insubstantial means that do not dispel the above-ground appearance of separate structures. "Insubstantial means" include, without limitation: unenclosed connections; connections that lack a roof or floor; connections that are not heated, ventilated or air-conditioned in the manner of the main structure; connections that lack substantial structural elements that are present in the main structure; and connections that lack a foundation or footing.

[Amended 2-7-2019 by Ord. No. 2019-01]

BUILDING, TOTAL FOOTPRINT (also TOTAL BUILDING FOOTPRINT)

The ground area occupied by all roofed structures on a lot. Such footprint is measured from the dripline of roofed structures, except that eave depth of 24 inches or less is excluded.

[Added 2-7-2019 by Ord. No. 2019-01]

CODE

The Town of Vernon Zoning Code.

COMMUNITY LIVING ARRANGEMENT

Any one of the following facilities: (1) residential care centers for children and youth, as defined in § 48.02 (15d), Wis. Stats., operated by a child welfare agency licensed under § 48.60, Wis. Stats.; (2) group homes for children, as defined in § 48.02(7), Wis. Stats.; and (3) community-based residential facilities, as defined in § 50.01(I g), Wis. Stats. The term does not include adult family homes, as defined in § 50.01, Wis. Stats., day-care centers, nursing homes, general hospitals, special hospitals, prisons, or jails.

COMPOSTING FACILITY

A place where vegetation (but not food wastes) may be collected and composted. The term includes the storage and manipulation of materials prior to, during, and following composting.

CONDOMINIUM

Property subject to a condominium declaration established under Chapter 703 of the Wisconsin Statutes as amended and renumbered from time to time.

CONTRACTORS YARD

An exterior premises on which construction and maintenance materials (i.e., salt, sand, cement, stone, etc.), bulk materials (i.e., sand, gravels, stone, timbers, wood chips, etc.) or construction or maintenance equipment (i.e., bulldozers, front-end loaders, backhoes, trucks, trailers, etc.) are stored to be utilized for off-site construction and/or maintenance purposes. Where landscape materials are stored or sold for retail or wholesale markets and not as an accessory to an otherwise permitted use by right, such uses shall not be considered a contractors yard. See also "landscaping, lawn and garden business."

CREMATORIUM

A building or structure that includes a furnace used for cremating the deceased.

DANCE HALL

A facility including any room, place or space in which a public dance, public ball with live or amplified music (not including a jukebox) and live entertainment including shows, disc jockeys, comedy or dramatic acts, is conducted excluding any public or parochial school or church hall when used for public dances sponsored by the school or church authority or of a parent-teachers association.

DECK

A structure characterized by a flat open horizontal surface or platform suspended above the grade of the land it covers and which may be supported by posts, beams, cantilevers and/or by other methods.

DISTRICT

A section of the Town for which the regulations governing the height, area and the use of building and premises are the same.

DWELLING, MULTIPLE

A building or portion thereof, designed for and occupied by more than one family, including duplexes, row houses, condominiums, apartment houses and apartment hotels.

DWELLING, ONE-FAMILY

A detached building designed for and occupied exclusively by one family.

DWELLING, TWO-FAMILY

A detached or semidetached building designed for and occupied exclusively by two families.

EMERGENCY SHELTER

A place where primarily indigent, needy, homeless, or transient individuals are temporary housed and provided with ancillary services.

ENTRANCE GATE or ENTRANCE MONUMENT

A structure, usually built with a decorative feature or landscape feature located at the entrance to a property, such as walls, which are often constructed in conjunction with lights, fencing, gates, pillars with lights, property identification signage, or raised planting boxes.

ENVIRONMENTAL CORRIDORS (PRIMARY, SECONDARY, AND ISOLATED NATURAL RESOURCE AREAS)

Concentrations of key significant natural resource elements including surface water such as lakes, streams, and rivers and their associated undeveloped floodlands and shorelands; woodlands, wetlands, and wildlife habitat; prairie remnants; areas of groundwater discharge and recharge; unfarmed wet, poorly drained and organic soils, rugged terrain and high relief topography; and significant geological formations and physiographic features. In general, primary environmental corridors are concentrations of significant natural resources at least 400 acres in area, at least two miles in length, and at least 200 feet in width. Secondary environmental corridors are concentrations of significant natural resources at least 100 acres in area and at least one mile in length (possibly smaller and shorter if considered a primary link). Isolated natural resource areas are concentrations of significant natural resources at least five acres in area and at least 200 feet in width. Generalized environmental corridor boundaries are mapped by the Southeastern Wisconsin Regional Planning Commission (SEWRPC), typically at five-year intervals, and precise boundaries are field delineated by or reviewed and approved by the SEWRPC Staff. A description of the processes for further defining and delineating primary and secondary environmental corridors and isolated natural resource areas is set forth in the Southeastern Wisconsin Regional Planning Commission's Technical Record, Volume 4, No. 2 and is incorporated herein by reference.

ENVIRONMENTALLY SIGNIFICANT AREAS

Lands which are zoned as CO Conservancy Overlay District, ECO Environmental Overlay District, HGO High Ground Water Overlay District, or designated as primary environmental corridor, secondary environmental corridor or isolated natural areas on the Town of Vernon and/or Waukesha County Development Plan.

[Amended 2-7-2019 by Ord. No. 2019-01]

FAMILY

One or more persons who live together in one dwelling unit (DU) as a single housekeeping entity.

FARM OR AGRICULTURAL OPERATION

One or more parcels of land owned and managed by a single entity and zoned for agricultural or farm use upon which natural fibers, animals, or food for human or animal consumption is produced.

FARM, FUR

A tract of land devoted in whole or part to the raising of fur-bearing animals for commercial purposes.

FARM, GENERAL

A tract of land devoted principally to the raising of crops, livestock and/or farm products, but not including commercial stables or private stables.

FARM, PIG

A tract of land devoted principally to the raising and feeding of pigs and hogs.

FARM, POULTRY AND/OR EGG PRODUCTION

A tract of land devoted in whole or part principally to the raising of poultry and/or egg production for commercial purposes.

FEED LOT

A lot or facility used or proposed to be used for the confined feeding and/or holding of animals where the number and kind of animals exceed 75 units per acre of confined area. One animal unit shall be equivalent to 1,000 pounds of live animal weight, and the acreage used to compute the density shall include all fenced areas, pens, yards or similar uncovered structures and all covered enclosures where the animals are enclosed for 30 or more continuous twenty-four-hour days per year. Dairy farm operations utilizing seasonal winter confinement of livestock are excluded from this definition unless the Town Board determines that the operations of a particular dairy farm meet the provisions of this section and the intent of this code will be furthered by regulation of such operations under this definition. The intent of this definition is to clearly distinguish the feed lot type of farming situation which concentrates large numbers of livestock on small acreage from the more general type of farm operation in which cultivation and livestock grazing or feeding is conducted on a smaller scale. It is not the intent of this definition to prohibit these kinds of operations, but to recognize the potential as a pollution source and to effectively control it.

FINDING

A written conclusion or determination that is made in connection with reaching a decision.

FLOOD

A temporary rise in the stream flow or change in lake level that results in water over-topping the boundaries of its channel and inundating areas adjacent to the stream channel or lake bed.

FLOOD PROTECTION ELEVATION

The flood protection elevation shall correspond to a point two feet of freeboard above the water surface profile associated with the regional flood and the official floodway lines. See "freeboard."

FLOODPLAIN

Those lands, including the floodway subject to inundation by the one-hundred-year reoccurrence flood, or, where such data is not available, the maximum flood of record.

FLOODPROOFING

Any combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the purpose of reducing or eliminating flood damage to the properties, water and sanitary facilities, structures and contents of buildings in flood hazard areas. Any such measures shall be certified by an architect or engineer as conforming to these requirements.

FLOODWAY

Those floodplain areas including the channel required to carry and discharge the one-hundred-year reoccurrence interval flood.

FLOOR AREA

The sum of the horizontal areas of each floor of an enclosed building as measured to the outside edges of the outside walls. This definition does not include basements, exterior balconies, unenclosed porches, or garages.

[Amended 2-7-2019 by Ord. No. 2019-01[1]]

FOSTER AND TREATMENT HOME

A place licensed by the state for the care of foster children and which is operated by a corporation, child welfare agency, church, or other such entity.

FREEBOARD

A factor of safety expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated, and include, but are not limited to, ice jams, debris, accumulation, wave action, obstructed bridge openings and the effects of urbanization on the hydrology of the watershed.

FUNERAL HOME

A place where the deceased may be prepared for burial and people may gather for visitation or funeral ceremonies. The indoor display of funeral equipment may also occur. The term includes mortuaries. See "crematorium."

FUR-BEARING ANIMALS

Animals which are specifically raised for their pelts, including, but not limited to badger, beaver, bobcat, coyote, fisher, fox, lynx, marten, mink, muskrat, possum, otter, raccoon, skunk, weasel and wolf.

GARAGE, PRIVATE

A private garage is one where private vehicles are kept for storage purposes only and wherein such use is accessory to the residential use of the property on which it is stored.

GARAGE, PUBLIC OR COMMERCIAL

Any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored for monetary gain as a business.

GARAGE, STORAGE

Any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold, and vehicles are not equipped, serviced, repaired, hired or sold for monetary gain as a business.

GRADE, ESTABLISHED

The elevation of a designated point as fixed by a licensed engineer, or by such authority, as shall be designated by law to determine such an elevation.

GREEN SPACE

A natural or man-made land area not occupied by any structure or impervious surface.

GREENHOUSE

An enclosed building or structure constructed mainly of glass, glasslike or translucent material, cloth or lath, and a support frame and which is devoted to the protection or cultivation of flowers, vegetables, or other tender plants.

GROUP DAY-CARE CENTER

A place licensed as a day care by the state where care is provided for nine or more children. This use may include outdoor play areas, playhouses, and related recreational equipment, such as swings, slides, basketball hoops, and jungle gyms.

GUESTHOUSE

A structure used principally for occasional occupancy by guests of the owners, and shall not be leased or rented for human occupancy.

HIGHWAY

A right-of-way designated by the county-established street and highway width map or any other comprehensive system for the principal purpose of providing vehicular thoroughfare and not necessary affording direct access to abutting property.

HOME OCCUPATION

A gainful occupation conducted by a member or members of a family within their place of residence, where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation. Also see "limited family business."

HORTICULTURE

The culture of growing and cultivating fruits, flowers and related plant material.

HOT TUB

An outdoor warm water reservoir usually with hydromassage jets. A hot tub may be built in or portable. The term includes spa.

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.

HOUSEKEEPING ENTITY

A housing or lodging unit where all of the amenities of bathing and sanitary facilities, eating, cooking, living, sleeping and storage are provided the person or body of persons occupying and living together as a single entity within the unit.

HUMAN HABITATION

Utilization of a building or structure for overnight living or longer periods of time, and including the aggregate of normal occupancy activities such as lounging, cooking, eating, sleeping, bathing, sanitation, etc.

HUNTING PRESERVE

A place where the public or those with a membership can, for a fee or other consideration, hunt game animals not confined within a fenced enclosure. This use may include one or more buildings and other structures directly related to operation of this use, such as an office, structures and enclosures for rearing game animals for hunting purposes, and buildings for housing maintenance equipment, supplies, and related materials.

IMPERVIOUS SURFACE

Land area and surfaces where precipitation is unable to infiltrate into the soil. Such surfaces include, but are not limited to, roadways and pathways that are paved with concrete or asphalt, roofs, patios, and similar surfaces.

IN-LAW UNIT

A room or suite of rooms used or occupied as a separate housekeeping entity and located in a single-family dwelling occupied by persons related by blood or marriage to the family or persons occupying the one-family dwelling.

INDIVIDUAL GRADING PLAN

A detailed plan that depicts the existing and proposed elevations or topography of a subdivision or other unified development site. An individual grading plan contains components that depict site drainage patterns, erosion control measures, road and lot elevations, and other data deemed appropriate by Waukesha County and the Town of Vernon.

INFILTRATION SWALES

A shallow grassed or vegetated channel designated to captured detain and treat stormwater and convey larger flows. It takes surface flows from adjacent paved surfaces and allows it to infiltrate through a soil bed into underlying soils. The swale provides conveyance for larger storm events to the storm drain system. Variations on designs include an underlying drain rock reservoir, with or without a perforated underdrain.

INHABIT

To be present in or occupy any building or structure which is designed or intended to be occupied or used for human habitation.

JUNK

Garbage, waste, refuse, trash, any motor vehicle upon which no current license plate is displayed, any inoperable or abandoned motor vehicle, any used tire or used motor vehicle part, and any scrap material such as metal, lumber, furniture, paper, cans or bottles. Any trailer which is required to be licensed by the State of Wisconsin, but which is unlicensed, or any trailer which is abandoned or inoperable is considered junk under this code.

KENNEL, COMMERCIAL

An establishment, structure, or premises where dogs are raised and sold, bred, boarded, trained, or groomed for commercial purposes. The raising or selling of three or more litters of dogs from any number of adult dogs per year shall constitute a commercial kennel.

KENNEL, HOBBY

An establishment, structure, premises, or pursuit accessory to the principal use of the property where three or more dogs of six or more months of age are kept for such private purposes as pets, field trials, shows, or hobby, which is not a commercial kennel. The raising of two litters of dogs per year on a premise and the sale or disposal of said dogs within six months of their birth shall also be considered a hobby kennel.

LAND-ALTERING ACTIVITY

Any man-made change of the land surface, including removing vegetative cover which changes the land surface, cutting of trees which changes the land surface, excavating, soil removal, filling, grading, dredging and channel improvements in excess of those limits set forth in this code, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops, growing and tending of gardens and harvesting of trees, and tree nurseries.

LANDSCAPING, LAWN AND GARDEN BUSINESS

Any property on which or from which landscaping equipment (other than one riding mower and/or one push lawn mower) consisting of trucks, trailers, materials and equipment to be stored and maintained on the site for the purpose of taking to the clients' properties to perform landscaping construction and landscaping maintenance services, such as lawn installation, plant installation, hardscaping, water feature installation, landscape lighting installation, snow plowing and removal and other traditional landscape construction services, the growing of trees, shrubs, bulbs, annuals, perennials and other plants imported to the site which are to be installed by the business on the clients' properties, storage of bark, mulch, grass seed, cover straw, lawn fertilizer, boulders, modular block, pond and waterfall kits, landscape lighting, natural stone and brick, and other items to be imported to the site and then installed on the clients' properties; wholesale or retail nursery sales of trees, shrubs, bulbs, annuals, perennials and other plant material grown and/or imported and sold to wholesale customers (i.e., other landscapers), or of hardwood, bulk bark, mulch, grass seed, cover straw, lawn fertilizer, boulders, modular block, pond and waterfall kits, and landscaping natural materials, shall be imported and sold to wholesale customers.

LIGHTING, HIGH INTENSITY

Lighting that is greater than 0.5 footcandles, measured at a property line.

LIGHTING, LOW INTENSITY

Lighting that is 0.5 footcandles or less, measured at a property line.

LIMITED FAMILY BUSINESS

A service-oriented business or home occupation conducted by a member or members of a family within their place of residence, where the space used is in an attached garage or detached accessory building and no article is sold or offered for sale except such as is produced by such service-oriented business or home occupation. Also see "home occupation."

LIVING AREA

The occupied or usable floor area in a building designed and built with necessary ceiling, flooring, and electrical, heating and plumbing facilities to accommodate human habitation.

LODGING HOUSE

A building where lodging only is provided for compensation and having not more than five sleeping rooms for this purpose.

LOT

A parcel of contiguous land with described boundaries and abutting or having access via an approved easement to a public street or other approved way. Such parcel shall be exclusive of any land lying in any public right-of-way, navigable streams, or other navigable body of water. Where such navigable streams, navigable body of water, mil tax road, or public rights-of-way divide a single described parcel into two or more parts, such severed portions shall be considered separate individual lots provided they meet the use, building location and area regulations of the district in which they are located. Where such separate parcels do not meet such use, building, location and area regulations, and have been described as a single parcel of record, they, in combination, shall be considered to be a single lot for regulatory purposes, computation of area requirements and other locational provisions of this code.

LOT AREA

The area of a lot as described herein bounded by lot lines exclusive of land dedicated, reserved, or used for public rights-of-way, and any navigable streams or other navigable bodies of water.

LOT DEPTH

The mean horizontal distance measured between the street right-of-way line, as established by the Official Map of the Town of Vernon, and the opposing rear line(s) of the lot.

LOT LINE, SIDE

A lot line extending from a street line towards the interior of the lot and separating adjoining lots.

LOT LINES

The lines bounding a lot.

LOT OF RECORD

A platted lot or lot described in a Certified Survey Map, which has been approved by the Town and has been recorded in the office of the Waukesha County Register of Deeds, or a metes and bounds description of a lot which has been recorded in the Waukesha County Register of Deeds Office prior to the adoption of the original Waukesha County Zoning Code on February 26, 1959.

LOT WIDTH, MINIMUM AVERAGE

The mean horizontal distance measured between side lot lines, perpendicular to the lot depth and at a point in relation to the depth where the product of the two would produce the minimum required lot area.

LOT, LEGAL NONCONFORMING

A lot that at the time it was legally created conformed to existing rules and regulations, but is now inconsistent with the dimensional requirements set forth in this code.

LOWEST FLOOR OR LEVEL

The lowest floor or level of the enclosed area in a building, including a basement.

MOTEL

A building or series of buildings in which lodging is offered only for compensation, has more than five sleeping rooms or units, and is distinguished from a hotel primarily by reason of providing direct, independent access and adjoining parking for each rental unit.

MOTOR VEHICLE

Any automobile, truck, tractor, bus, vehicle or other conveyance that is self-propelled by an internal combustion engine or motor, and for the purposes of this chapter shall include but not be limited to boats, recreational vehicles, all-terrain vehicles, motorized farm equipment and mobile machinery, motorcycles and snow mobiles.

NAVIGABLE RIVER OR STREAM

Those intermittent and perennial rivers, streams, ponds, lakes and flowages shown on the U.S.G.S. Topographic Quadrangle 7.5 minutes series maps of Waukesha County (and as periodically updated) and those stream reaches shown on the large scale topographic mapping control survey project for Waukesha County conducted under § 87.31, Wis. Stats., and amendments thereto. Any water is considered navigable in fact if it meets the tests outlined in state laws. Determinations of navigability are ultimately field determinations and map delineations are merely the best representation of navigable conditions at any particular time.

NURSERY

Any parcel of land used to cultivate, grow, raise, and harvest trees, bushes, shrubs, vines, ornamental plants, flowers, and other plants in the outdoors or in greenhouses and for sale to retail or wholesale outlets or garden centers.

NURSERY, RETAIL

The sale of trees, bushes, shrubs, vines, ornamental plants, flowers, and other plants on the premises where they are grown, or the place of business where the nursery stock is received after being transported from an off-site location.

NURSERY, WHOLESALE

The cultivation of trees, bushes, shrubs, vines, ornamental plants, flowers, and other plants on a property and where the nursery stock is transported to market and is not offered for sale on site.

NURSING HOME

A place where five or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require twenty-four-hour nursing services, including limited nursing care, intermediate level nursing care, and skilled nursing services. The term does not include (1) a convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual; (2) a hospice as defined in state law; or (3) a residential care complex.

OCCUPY

To commence use of any building or structure which is designed or intended to be occupied, used, or inhabited.

OFFSET

The horizontal distance measured from the side or rear lot line, not along a street, to any roofed or enclosed portion of a building not including an overhang, as defined herein, of 24 inches or less.

OFFSITE PARKING LOT

Areas on the exterior of the building used for the parking of vehicle that are fully registered, licensed, and operative which are contained on the same premises as the use which the off-street parking lot is intended to serve.

OPEN SPACE

Land area used for recreation, agriculture, and resource protection, amenities for recreational purposes or buffers.

OPEN SPACE, COMMON

Lands which are open space and owned in common by individuals within a development or land trusts or other private conservation organizations.

OPEN SPACE, PUBLIC

Lands which are open space, dedicated and owned by a public entity, such as a town, city, village or other public entity, and used for any public purpose other than streets or highways.

ORDINARY HIGHWATER MARK

The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary highwater mark is, alternatively the point may be identified on the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark.

OUTDOOR SHOOTING RANGE

An outdoor area where patrons shoot guns, such as pistols, rifles, and shotguns, and bow and arrows for target practice. The term includes archery ranges, trap and skeet clubs, target ranges, and the like.

OUTDOOR/INDOOR RECREATIONAL FACILITIES

Land and structures, along with accessory equipment, designed and utilized for leisure time activities of a predominantly "outdoor or indoor" nature and of having a more specific purpose such as tennis courts, swimming pools, basketball or racquetball courts, ice arenas, facilities used for sports orientated and/or cultural events, etc., other than passive park-like open areas, and further classified as follows:

(1) PUBLIC Facilities owned and operated by a governmental agency for limited or general public use.

(2) PRIVATE COMMERCIAL Facilities owned and operated by an individual, group or corporation for profit as a business whether or not open to the general public use.

(3) PRIVATE NONCOMMERCIAL GROUP Facilities 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.

OVERHANG

That portion of a roof over a structure and designated as an integral part of the structure, which extends from the outer wall of the structure to the eave. Rain gutters are not included or considered part of the overhang.

PARKING SPACE

An area permanently reserved and maintained for the parking of one motor vehicle which meets the dimensional standards of this chapter.

PATIO

A structure characterized by a flat, open, horizontal surface or platform which is semipervious or impervious and usually constructed of materials including, but not limited to, concrete, brick, flagstone, crushed stone, compacted stone, gravel, wood, or other natural or man-made materials. A patio is located on the surface of the ground or at the average grade of the ground surface.

PERSON

An individual, association, partnership, limited liability company, or corporation.

PERSONAL STORAGE FACILITY

A building or a portion thereof, or a group of buildings, divided into separate, self-contained, self-service storage units that are rented or leased by the owner and used to meet the storage needs of a household or for the storage of personal property of the general public. The units are not for commercial storage purposes. The term includes a tract of land used to store vehicles, such as a car, truck, recreational vehicle, or other conveyance that is self-propelled by an internal combustion engine.

PLAN OF OPERATION

A statement of operation, prepared and signed by the owner and tenant or operator of the business or use and approved by the Town Plan Commission that includes a detailed description of the request, number of employees, hours of operation, and types of uses, products or services offered and any special events which are to be conducted on the property.

PLANNED UNIT DEVELOPMENT (PUD)

A development strategy, process or procedure whereby a relatively large parcel of land is developed for a specific use in such a way as to provide specific benefits to the community as well as to the developer and future citizens who will reside within the development, and when the normal application of standards and requirements are waived or made more flexible, and which shall contain substantial amounts of common open space for aesthetic, natural preservation or recreational purposes.

PLANNED UNIT DEVELOPMENT, MIXED

A planned unit development which is a mixture of retail, service uses, industrial or residential uses. Buildings associated with open space and recreational uses, either public or private, shall be considered part of the open space use.

PLANTING SCREEN

An area landscaped with natural growing plant material which effectively screens off from vision objects it is intending to hide from view.

POLYSTRUCTURE

An enclosure having a frame of steel or other materials which is covered with plastic, polyurethane, vinyl, canvas or other flexible sheeting material.

PORCH/STOOP

A functional element of the ingress/egress of a principal structure allowing for easy and convenient passage between the exterior and interior of said structure. For the purposes of regulation in this code, a stoop is considered to be 20 square feet or less whereas a porch exceeds 20 square feet in area.

POROUS PAVEMENT

A special type of asphalt or concrete pavement that allows rain and snowmelt to pass through it, thereby reducing the runoff from a site and surrounding areas. The porous pavement surface is typically placed over a highly permeable layer of open-graded gravel and crushed stone. A filter fabric is placed beneath the gravel and stone layers to screen out fine soil particles. For the purpose of this code, permeable pavers, which are blocks with gravel or grass in between them, will also be considered porous pavement.

PORTABLE ON-DEMAND STORAGE UNIT

Any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

POULTRY

Domesticated fowl kept for eggs or meat or as pets.

PRIVATE CLUB OR LODGE

A building 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.

PROFESSIONAL OFFICE

The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other similar recognized profession.

PUBLIC AND SEMIPUBLIC STRUCTURES AND USES

Structures and uses principally of an institutional nature and serving a public need, such as hospitals, rest homes, schools, including private, academic and nursery schools, libraries, post offices, museums, police and fire stations, public and private utility facilities and other public services, not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

PUBLIC NOTICE

The means that a governmental body uses, or is required to use, in accordance with applicable law, to formally notify people and other interested entities of a pending governmental hearing or proposed action.

QUARRYING

The removal of rock, slate, gravel, sand, topsoil or other natural materials from the quarrying site by excavating, stripping, leveling or any other such process.

RAIN GARDENS

A manmade depression in the ground that is used as a landscape tool to improve water quality. The rain garden forms a bioretention area by collecting water runoff and storing it temporarily, permitting it to be filtered and slowly absorbed by the soil.

RECREATIONAL VEHICLE

A vehicle including, but not limited to, a recreational vehicle (RV), motor home, camper vehicle, truck camper, all-terrain vehicle (ATV), or snowmobile which is commonly used for recreational entertainment, travel, and touring.

RECYCLING CENTER

A place where recoverable materials, which have been previously removed from the waste stream, may be stored prior to shipment to others who use those materials to manufacture new products. Typical recoverable materials include glass, paper, metal, wood, rubber, asphalt/concrete, and plastic.

REFUSE DISPOSAL SITE

A tract of land operated, subject to restrictions of use and under supervision, by a public or private agent where more than one family may take all types of refuse, including organic and inorganic wastes (but excluding human excretions and sewage and/or other liquid waste), for compacting and burial by sanitary landfill methods. Hard or clean fill operations involving material such as foundry sand, dirt, gravel, concrete, or other forms of clean fill material shall not be required to conform to the provisions of this code.

REGULATED HOUSEHOLD PETS

All dogs, cats, and birds are regulated household pets.

REMODELING

Any structural alteration(s), addition(s), modification(s), rebuilding or lateral enlargement(s) of any such existing structures, principal or accessory. The term "remodeling" shall also refer to the conversion of living spaces of other floor areas into space for living purposes; such as converting a part of the living into a bedroom or bathroom regardless of whether such change(s) require structural alteration(s) to the basic structures. Ordinary maintenance repairs, including painting, decorating, paneling, replacement of doors, shingles, siding, windows, and other nonstructural components shall not be considered remodeling.

RESORT

A place with lodging facilities and on-site amenities primarily intended for the use of overnight guests. Guest rooms may be located in one or more buildings and may include kitchen facilities. In addition to lodging facilities and recreational amenities, such as golf, horseback riding, or lake/beach access, a resort may also include a lodge or other gathering place for guests, dining facilities, administrative facilities, and maintenance and storage facilities.

RESTAURANT

Any building, room or place where meals are prepared or served or sold to transients or the general public, and all places used in connection with it and includes any public or private school lunchroom for which food service is provided by contract. "Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant" does not include:

(1) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.

(2) Churches, religious, fraternal, youths' or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve or sell meals to transients or the general public.

(3) Any public or private school lunchroom for which food service is directly provided by the school or a private individual selling foods from a movable or temporary stand at public farm sales.

(4) Any bed-and-breakfast establishment that serves breakfasts only to its lodgers.

(5) The serving of food or beverage through a licensed vending machine.

(6) Any college campus, as defined in § 36.05 (6m), Wis. Stats., institution as defined in § 36.51 (1)(b), Wis. Stats., or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under § 36.51 or 38.36, Wis. Stats.

(7) A concession stand at a locally sponsored sporting event, such as a little league game.

(8) A potluck event.

RETAINING WALL

A structure more than 24 inches in height as measured from finished grade or a combination or series of multiple structures more than 24 inches in height from finished grade, constructed of man-made or natural materials for the main purpose of retaining land or stone and resisting the lateral pressure of the land or stone.

RETIREMENT HOME

A place where individuals of retirement age may occupy independent dwelling units. The units may be rented or owned as in a condominium. This use may include limited on-site commercial and medical facilities for the exclusive use of residents.

RIGHT-OF-WAY

A strip of land dedicated or acquired for public or private use.

ROAD

A public or private right-of-way usually affording primary access to abutting property.

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 such farm.

ROOFLINE

The intersection of two roof surfaces forming the highest horizontal line of the roof. Also known as the ridgeline.

RURAL ACCESSORY BUILDING

An existing building, which is: (1) set apart from other buildings as being distinct, due to its construction technique, construction materials, age, local historic significance, or design as determined by the Town Board; and (2) is characteristic of past agricultural practices or rural life, whether presently utilized or not for agricultural practice, as determined by the Town Board.

SALVAGE YARD

A place where salvage materials, such as scrap metal, rubber tires, junk vehicles, and used timber and lumber, or similar materials, may be bought, sold, exchanged, stored, baled, packed, disassembled, or handled. (Note: In contrast see "recycling center.")

SCREENING

A feature such as a wall, fence, hedge, berm, or similar feature used to shield or obscure elements of a development from adjacent sites.

SEASONAL PRODUCT SALES

An outdoor area where merchandise typically associated with a seasonal holiday or festival is displayed and offered for sale at retail immediately before the event. Examples of such merchandise include Christmas trees and wreaths for Christmas and pumpkins for Halloween. The term does not include fireworks sales for the Fourth of July.

SELECTIVE VEGETATIVE CUTTING OR REMOVAL

The process of selectively cutting or removing vegetation which would include a determination by a forester or naturalist of which plants, including woody vegetation and trees, middle layer species and ground layer vegetation is to be removed or cut based upon the species type, quality, indigenous character (alien, invasive or native) or otherwise of poor quality (dead, diseased, dying).

SERVICE-ORIENTED BUSINESS

A business operated by a single person or family where personal services are performed or assistance is given, as opposed to products, and involves predominantly professional operations as outlined in this code regarding a limited family business.

SETBACK

The horizontal distance between the base setback line and the nearest roofed or enclosed portion of a building, excluding the twenty-four-inch roof overhang defined herein.

SETBACK, SHORE

The horizontal distance between the average annual high water mark of a water body, the conservancy/wetland district, or the established one-hundred-year floodplain location if available, to the closest point of a principal or accessory building.

SIGN

Any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a building or from a traveled way, which either conveys a message to the public, or intends to advertise, direct, invite, announce, or draw attention to goods, products, services, promotions, events, occasions, facilities, persons, property interest, or business either on the lot or on any other premises. The types of signs as used in this code shall be further defined as follows:

(1) AWNING, CANOPY, OR MARQUEE A projecting identification sign painted on or affixed flat to the surface of an awning or canopy and which does not extend vertically or horizontally from the awning or canopy.

(2) BANNER An elongated sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, fabric or any kind usually used for temporary display for the special announcement of a coming event or occasion.

(3) BILLBOARD Any sign, permanently attached to the ground, greater than 50 square feet in area per one side or greater than 20 feet in height; and used to advertise a place of business or product.

(4) BULLETIN BOARD Any sign used by governmental and institutional agencies to publicly display notices of meetings, services, regulations and announcements. Such signs are not necessarily designed to be read from a distance or by the traveling public.

(5) ELECTRONIC MESSAGE CENTER A sign that conveys text and/or graphic information that is capable of being changed or manipulated electronically.

(6) FLAGS AND PENNANTS Devices generally made of flexible materials such as cloth, paper, plastic, and displayed on strings or wires. Such devices may or may not include words, letters, or numbers.

(7) FLASHING A sign whose illumination is not kept constant in intensity at all times when in use and/or which exhibits changes in light, color, direction, animation, and word/text changes. Illumination signs, which indicate the date, time and temperature, will not be considered as part of a flashing sign.

(8) GROUND, MONUMENT, or SANDWICH A free-standing sign affixed to or placed on the ground and independent of any buildings or other permanent structure.

(9) OFF-PREMISE DIRECTION/SALES Signs which are intended to direct patrons and advertise places of business not located on the same parcel or land ownership as the off-premises sign.

(10) POLE A free-standing sign supported by one or more poles.

(11) PORTABLE Any sign that is mounted on wheels or can be readily moved from place to place on the premises. Such signs are generally not permanently attached to the ground or to a permanent structure on the premises.

(12) PRODUCT A sign which offers for sale perishable products produced on the premises.

(13) PROJECTING Any sign that is not attached to the ground and projects more than 12 inches from the face of a building or other permanent structure.

(14) REAL ESTATE Any sign primarily used for advertising the sale, lease or transfer of real estate.

(15) ROOF Any sign erected on or over the roof of a building.

(16) TEMPORARY Any sign not permanently attached to the ground, wall or building, designed to advertise a commodity or event for a specific amount of time.

(17) WALL A sign which is attached to a wall of a building or structure and projects not more than 12 inches from such a wall.

(18) WINDOW A sign painted on or affixed to a window. Materials affixed to a window shall be affixed to the inside surface of the window.

SIGN AREA

That part of a total sign structure which encompasses the sign message exclusive of a structure upon which the sign area is affixed or which supports the sign area. However, for the purpose of computing square footage of a sign area, any exposed structure which supports a sign may not comprise more than 1/3 of the visible or exposed surface of-one side of a total sign structure. Only one side of a double-sided sign shall count toward the sign area requirements of § 300-13D.

[Amended 2-7-2019 by Ord. No. 2019-01]

SIGN STRUCTURE, TOTAL

The sign area, plus any exposed area or members of the supporting structure on or to which the sign, or sign message, is affixed. Decorative, landscaped earthen berms or structures which are composed principally of exposed earth and/or landscape (plant) materials is not included as part of the total sign structure.

SIGNABLE AREA

The area of the facade of the building facing or abutting upon a street right of way up to the ceiling line of the top floor which is free of windows and doors or major architectural detail on which signs may be displayed.

SITE PLAN and/or PLAT OF SURVEY

A map of the property (in standard engineering or mapping scale) which provides a clear representation of the property, approved by the Town Plan Commission, that shows the location and dimensions of all existing and proposed buildings and structures and other attributes on the site, the location, number and arrangement of parking spaces or loading areas, lighting fixtures, easements, dumpsters, signs, landscaping and screening, and any other factors affecting the development of the site.

SKETCH PLANS

An informal plan to scale indicating the pertinent existing features of a tract of land and the adjacent land uses, with the general layout of the proposal, including open space areas, lot lines, roads, and outlots designated for stormwater facilities.

SOLID WASTE FACILITIES

A place where solid waste may be temporarily stored prior to transport to a processing plant, or may be permanently buried consistent with environmental protection standards. The term includes composting facilities, recycling facilities, and solid waste transfer stations. The term does not include land application units, surface impoundments, injection wells, or waste piles.

SPECIAL CARE FACILITY

This term includes adult family homes, community living arrangements, emergency shelters, foster and treatment homes, group day-care centers, and nursing and retirement homes.

SPECIAL EVENT

An event of limited duration approved by the Town Plan Commission which is open to the public and is not otherwise permitted in the district. Examples include auctions, art fairs, festivals, and fundraisers.

SPECIAL EVENT PARKING

Place where parking for motor vehicles is allowed when specifically related to a special event of regional significance as designated by the Town Plan Commission.

SPECIAL EXCEPTION

A request for a minor adjustment to the requirements of the Zoning Code only where specifically authorized by this code, owing to special conditions of the property. The special exception must be necessary and desirable and must not adversely affect adjacent property owners. A special exception differs from a variance in that a special exception does not necessarily require demonstration of an unnecessary hardship or practical difficulty. In the granting of a special exception, the approving body must still consider whether the proposed special exception would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of physical, social or economic effects and may impose such restrictions or conditions they deem necessary for the protection of adjacent properties and the public interest and welfare.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola;

(2) Human male genitals in a discernible turgid state, even if opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Simulated or actual:

(1) Showing of human genitals in a state of sexual stimulation of arousal;

(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;

(3) Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

STABLES

(1) Private stable. A tract of land on which horses or other livestock are kept for noncommercial use of the owner or persons residing on the tract of land.

(2) Commercial or boarding stable. A tract of land on which horses or other livestock are kept for hire, board, training, sale or any other commercial use.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above it, then the space between the floor and the ceiling next above it and including basements that are exposed at least six feet on at least one side.

STREET

See "road."

(1) STREET, ARTERIAL A road providing for efficient, safe and direct connection to or separation of developed areas for circulation to destinations outside the developed area and deemed as such on the Official Map of the Town of Vernon and the Established Street and Highway Width Map of Waukesha County.

(2) STREET, COLLECTOR A road providing for circulation to serve local traffic moving between minor streets and arterial streets as designated on the Official Map of the Town of Vernon.

(3) STREET, MINOR Any other road not deemed as a collector or arterial street on the Official Map of the Town of Vernon.

STREET FRONTAGE

A street contiguous and parallel to a traffic artery and affording direct vehicular access to abutting property.

STREET LINE

A dividing line between a lot, tract, or parcel of land and a contiguous street.

STRUCTURAL ALTERATION

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

STRUCTURE

Any manmade object with form, shape and utility that is constructed or otherwise erected, attached to or permanently or temporarily placed either upon the ground or upon another structure. For the purpose of this code, the term "structure" includes swimming pools, hot tubs, patios, decks, gazebos, radio towers and television towers, but does not include landscaping or earth work including graded areas, filled areas, ditches, berms or earthen terraces. The term "structures" does not include flag poles, mail boxes, fences, basketball hoops, satellite dishes of 18 inches or less in diameter or small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, lawn ornaments, temporary fences, bird feeders, birdhouses or birdbaths.

STRUCTURE, LEGAL NONCONFORMING

A building, structure, or portion thereof, lawfully existing at the time of the passage of the Code from which this section is derived, but which does not conform in one or more respects to the regulations of this code.

SUSTAINED YIELD FORESTRY

The management of forested lands to provide annual or periodic crops of forest products.

TAVERN

A place where alcoholic beverages are offered for retail sale for on-site consumption pursuant to a license or permit issued under the Wisconsin Statutes and where food consumption, if any, is clearly secondary and subordinate to the sale of alcoholic beverages. The term includes bars, drinking establishments, microbreweries, and lounges.

TEMPORARY STRUCTURE

A movable structure not designed for human habitation or occupancy, but for the temporary protection of goods or chattels during a period of construction, but not to exceed one year; for the enclosure or screening of goods or property; or for the display of signs and advertising.

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.

TOWER

A structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, and monopole towers. The term includes personal communication service towers, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

TOWN

The Town of Vernon, Waukesha County, Wisconsin.

TOWN ATTORNEY

A person who has been designated or appointed by the Town Board to handle legal obligations or matters of the Town of Vernon.

TOWN BOARD

The Town of Vernon Board of Supervisors and Chairperson under the jurisdiction of this code.

TOWN BOARD OF APPEALS

An officially constituted body established pursuant to § 62.23(7), Wis. Stats., whose principal duties are to hear appeals and, where appropriate, grant variances from the literal requirements of this code.

TOWN BUILDING INSPECTOR

A person who has been designated, or appointed by the Town Board, to fulfill the obligations of construction inspections within the Town of Vernon.

TOWN CLERK

The Town of Vernon Clerk under the jurisdiction of this code.

TOWN ENGINEER

A person or engineering firm who has been designated or appointed by the Town Board to handle engineering matters for the Town of Vernon.

TOWN PARK COMMISSION

A body established pursuant to § 60.66, Wis. Stats., or any other agency created by the Town Board and authorized by statute to plan land use.

TOWN PLAN COMMISSION

The Town of Vernon Plan Commission established under village powers pursuant to § 62.23, Wis. Stats.

TOWN PLANNER

A person or planning firm who has been designated or appointed by the Town Board to handle planning matters for the Town of Vernon.

TOWN ZONING ADMINISTRATOR

An officer such as the Town Building Inspector or Town Planner who is designated by the Town and does not include any committee, commission, or board or its individual members.

TRAFFIC ARTERY

See "highway."

TRAILER PARK and MOBILE HOME PARK

A site containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured houses. The site may include services and facilities for the residents.

TRUCK TERMINAL

A place where goods carried by motor transport are received and temporarily stored until transferred to another truck for delivery.

USE, ACCESSORY

Use subordinate to and customarily incident to the permitted principal use of the property or buildings, and located upon the same lot as the principal use.

USE, LEGAL NONCONFORMING

The use of a building or land lawfully carried on at the time of the passage of the Code from which this section is derived or amendments thereto, but which does not conform to the use regulations of this code.

USE, PRINCIPAL

The main or primary use of property or buildings as specified and permitted by the regulations of the district in which it is located.

UTILITY CABINETS

Pedestals, loaders, junction boxes, cross-connect boxes and any similar facilities which relate to the provisions of telephone, electric, natural gas, cable television, cable Internet, or similar public services, and which are owned by the providers of such services.

VARIANCE

An authorization granted by the Vernon Board of Appeals, pursuant to state law and the terms of this code, to depart from the literal requirements of this code.

VISION SETBACK

The unoccupied triangular space at the street corner of a corner lot that provides an unobstructed view in both directions perpendicular to the line of sight at all road intersections. Also known as a "vision triangle."

WAREHOUSE

A building where goods, merchandise, and other materials are stored for eventual shipment. The term includes moving and storage facilities. The term does not include bulk fuel storage.

YARD SALE

A temporary event where used household items are offered for sale.

ZONING DISTRICT, OVERLAY

A type of zoning district that is superimposed over one or more base zoning districts, or portions thereof, and thereby imposes additional requirements, modifies existing requirements of the underlying base zoning district, or both.

ZONING USE PERMIT

A document signed by the Town Zoning Administrator, as required in this code, which acknowledges that the proposed building, structure, and/or use complies with the provisions of this code and applicable Town ordinances. The issuance of a zoning use permit is a condition precedent to the issuance of a building or occupancy permit.

[1] Editor's Note: This ordinance also repealed the definition of "floor area ratio (FAR)," which immediately followed this definition.

§ 300-5 Compliance.

Except as may be otherwise specifically provided, the use, size, height and location of buildings now existing or hereafter erected, converted, enlarged, or structurally altered, the provisions of open spaces, and the use of land, shall be in compliance with the applicable provisions of this code, all other applicable Town ordinances, and applicable county regulations including, but not limited to, the Waukesha County Shoreland and Floodland Protection Ordinance.

§ 300-6 Zoning use permit.

A. Required. No vacant land shall be occupied or used except for agricultural purposes, and no building shall be hereafter erected, structurally altered, relocated, used, or occupied until a zoning use permit has been issued certifying that any such building, use, or occupancy complies with the provisions of this code and applicable Town ordinances. This permit shall be obtained before any change is made in the type of use or before any nonconforming use is resumed, changed, extended or granted conditional use status pursuant to this code and all other applicable Town ordinances.

B. Application. All zoning use permits, excluding zoning use permits applied for under § 300-6F, shall be applied for with the Town Clerk. Application for a zoning use permit shall be made prior to or at the same time as the application for a building permit. All zoning use permit applications shall be prepared in triplicate, signed by the applicant and shall include for the purpose of proper enforcement of this code and all other applicable Town ordinances the following data:

[Amended 2-7-2019 by Ord. No. 2019-01]

(1) A statement by the applicant as to the intended use of the premises and of any existing or proposed buildings thereon.

(2) An accurate map of the property drawn to a reasonable scale and properly dimensioned showing:

(a) The boundaries of the property involved.

(b) The location of the centerline of any abutting streets.

(c) The location on the lot of any existing buildings, proposed additions or new buildings, including the measured distances between buildings, lot lines and street lines measured to the nearest portion of such buildings.

(d) The proposed floor elevation of any proposed buildings in relation to the existing and/or established grade of any abutting streets.

(e) The ordinary high water mark of any stream or lake, conservancy or wetland and/or floodplain which the property abuts.

(f) The proposed locations of the septic systems, including tank, drain field, and/or mound, and private wells or the location of any soil borings on the property and within 50 feet of the property lines.

(3) Where the use involves human occupancy, a plan of the proposed sewage disposal system approved by Waukesha County through issuance of a county sanitary disposal permit when a private system is proposed.

(4) Fees shall be fully paid by the applicant at the time of filing of each application for a permit in accordance with the fee schedule established by the Town Board from time to time, and such payment shall be made to the Town Clerk.

C. Issuance. Zoning use permits shall be issued by the Town Zoning Administrator after adequate investigation as to conformance with the provisions of this code, applicable Town ordinances, approval by the Town Plan Commission and Town Board (if applicable), and prior to the issuance of the building permit.

[Amended 2-7-2019 by Ord. No. 2019-01]

D. Displaying/posting. Provided the application is in order, the applicable application fee has been paid, and any building, occupancy, or use as proposed would be in compliance with the provisions of this code and all other applicable Town ordinances, a certification that such zoning permit has been issued shall be displayed/posted in a prominent place on the premises during the period of any construction involved in readying the land or buildings for occupancy.

E. Expiration. If, within 12 months of the date of issuance of a zoning use permit, the proposed construction project has not commenced in any manner including site preparation, such zoning use permit shall expire. If, within 24 months of the date of issuance of a building permit, the proposed project has not commenced in any manner, including site preparation, such building permit shall expire. Once the proposed construction project has commenced, the construction project shall be completed within a twenty-four-month period and issuance of an occupancy permit. Upon showing of valid cause and in the best interest of the Town, the Town Board, upon recommendation of the Town Plan Commission, may grant one extension of such zoning use permit or building permit for a period not to exceed 12 months.

F. Zoning use permit: site plan and plan of operation.

(1) Required. Certain permitted uses, as well as all conditional uses, require the submission of a detailed site plan and a plan of operation which provides a detailed description of the proposed use and serve as a basis for consideration prior to approval of the Town Board, upon recommendation of the Town Plan Commission. The purpose of said site plan and plan of operation review is to document the zoning use permit file, determine adequacy of the data submitted to describe the permitted and accessory uses and buildings proposed and document the plan and method of operation to enable a determination on compatibility with the requirements of this code and consideration of approval.

(2) Application. All zoning use permits submitted under this § 300-6F shall be applied for from the Town Clerk, or designee. Application for a zoning use permit under this section shall be made prior to the application for a building permit. All applications for zoning use permits submitted under this § 300-6F shall be prepared and submitted with the applicable fee established by the Town Board from time to time and in accordance with the application for Town Plan Commission and Town Board agendas and shall include the following information to determine compliance with the regulations of this code and all other applicable Town ordinances.

[Amended 2-7-2019 by Ord. No. 2019-01]

(a) A plan of operation shall include, but not be limited to, name and address of the business, owner and/or operator, tax key and legal description of the premises, lot size (depth, width, acres, zoning, land use), use and operation of the site, building(s) and structure(s), exterior uses, customer dockage, maximum number of employees, hours of operation, and any other items the Town Attorney, Town Engineer, Town Planner, Town Building Inspector, Town Plan Commission, or Town Board determine are necessary for the review.

(b) A site plan (plat of survey or CSM in a standard engineering mapping scale not to exceed one inch equals 100 feet) shall include, but not be limited to, a drawing of the entire premises showing the location of all building(s) and structure(s), dimensions and levels of all of the building(s) and structure(s), existing and proposed grades, off-street parking, lighting, sign location, size and type (i.e., monument), flow of traffic, vegetative cover, grading plan, landscaping plan, storm and surface water drainage facilities, construction site erosion control practices, sanitary facilities and septic system, any outside storage or display area(s), refuse container(s) and any other items the Town Attorney, Town Engineer, Town Planner, Town Building Inspector, Town Plan Commission, or Town Board determine are necessary for the review. The Town may require statements of applicable anticipated completion dates as part of the site plan.

(c) A stormwater management and erosion control plan consistent with the requirements of the Waukesha County Construction Site Erosion Control and Stormwater Management Ordinance.

(d) An individual grading plan, where required, shall be submitted in the same scale as the site plan, including existing and proposed contours at a maximum of two-foot vertical intervals for slopes less than 12% and at no more than five-foot intervals for slopes 12% or greater, existing and proposed features (i.e., berms, swales, ponds, ditches, storm sewers, inlets, etc.), vegetative plan, timetable for completion, the name of the responsible party and a letter of credit, if deemed necessary. The Town Plan Commission, Town Board, Town Planner, or Town Engineer have the discretion to request an individual grading plan in a scale different than the site plan in order to show with sufficient detail the contours and features of the property.

(e) Building plans and plans approved by the state, if required, at a standard architectural scale, including exterior elevation drawings of all sides of all buildings proposed.

(f) A detailed colored rendering of all signs visible from the exterior, along with the location, dimensions, overall height and illumination of the signs.

(g) Lighting or photometric plan, including cut sheets of each type of exterior light fixture proposed or existing.

(h) A detailed landscaping plan showing the location, sizes and types of proposed vegetation, including seeding mixtures and the amount of topsoil and mulch, the timetable for completion, and any surfacing plan for parking areas.