A.
Rules of construction. The language set forth in the text of this
chapter shall be interpreted according to the following rules of construction:
(1)
Singular and plural. The singular number includes the plural, and
the plural the singular.
(2)
Tense. The present tense includes the past and future tenses, and
the future the present.
(3)
Shall and may. The word "shall" is mandatory; the word "may" is permissive.
(4)
Gender. The masculine gender includes the feminine and neuter genders.
(5)
Defined words and terms. Whenever a word or term defined hereinafter
appears in the text of this chapter, its meaning shall be construed
as set forth in the definition thereof. Any word appearing in parentheses
between a word and its definition herein shall be construed in the
same sense as that word.
(6)
Words not defined herein. Any words not defined in this section shall
be presumed to have their customary dictionary definitions.
B.
ABUTTING
ACCESS
ADJACENT
ADT
ADVISORY AGENCY
ALLEY
APPROVING AGENCY
ARTERIAL STREET
BICYCLE PATH
BLOCK
BUFFER
BUFFERYARD
BUILDABLE LOT
BUILDING LINE (or BUILDABLE LINE)
CALIPER
CERTIFIED SURVEY MAP
CHANNEL
COLLECTOR STREET
COMMISSION, PLAN
COMMON AREA
COMMUNITY
COMPREHENSIVE PLAN
COMPREHENSIVE PLAN COMPONENT
CONCEPT PLAN
CONDOMINIUM
(1)
(2)
CONDOMINIUM ASSOCIATION
CONDOMINIUM DECLARANT
CONDOMINIUM DECLARATION
CONDOMINIUM DEVELOPMENT
CONDOMINIUM UNIT
CONDOMINIUM, CONVERSION
CONSERVATION EASEMENT
CONSOLIDATION
CONTIGUOUS
CONVEYANCE
CUL-DE-SAC
CURB
DBH
DEAD-END STREET
DEDICATION (OF LAND AND/OR INTEREST IN LAND)
DEDICATION (OF PUBLIC IMPROVEMENTS)
DEED RESTRICTION
DETENTION BASIN
DEVELOPER
DEVELOPMENT
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(4)
DEVELOPMENT AGREEMENT
DEVELOPMENT, MULTIFAMILY DWELLING
DEVELOPMENT, RURAL
DEVELOPMENT, URBAN
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(2)
DIAMETER AT BREAST HEIGHT
DIVISION OF LAND
DRAINAGEWAY
(1)
(2)
(3)
DRIP LINE
DRIVEWAY
DRIVEWAY APPROACH
DWELLING UNIT
EASEMENT
EASEMENT, CONSERVATION
EQUESTRIAN TRAIL
EROSION
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
FACE OF CURB
FINAL PLAT
FLOOD
FLOOD OF RECORD, MAXIMUM
FLOOD PROTECTION ELEVATION
FLOODLANDS
FLOODPLAINS
FLOODWAY
FOREST
FRONTAGE
FRONTAGE STREET
GUTTER
HALF STREET
HIGH GROUNDWATER ELEVATION
HIGH WATER ELEVATION (SURFACE WATER)
HOMEOWNERS' ASSOCIATION
IMPERVIOUS LOT AREA
IMPROVEMENT
IMPROVEMENT, PUBLIC
IRREVOCABLE LETTER OF CREDIT
LAKE
LAND DIVISION
LANDSCAPE BUFFERYARD
LANDSCAPING
LATERAL, SANITARY SEWER SERVICE
LATERAL, WATER SERVICE
LETTER OF CREDIT
LOCAL STREET
LOT
LOT AREA
LOT DEPTH
LOT FRONTAGE
LOT LINES
LOT WIDTH
LOT, BUILDABLE
LOT, CORNER
LOT, DOUBLE FRONTAGE
LOT, FLAG
LOT, REVERSED CORNER
LOT, THROUGH
MAJOR THOROUGHFARE
MINI-PARK
MINOR LAND DIVISION (CERTIFIED SURVEY MAP)
MINOR STREET
NATIONAL MAP ACCURACY STANDARDS
NATURAL RESOURCE PROTECTION PLAN
NATURAL RESOURCE PROTECTION STANDARD
NATURAL RESOURCES
NAVIGABLE STREAM
NAVIGABLE WATER
NON-EARTH MATERIALS
OBJECTING AGENCIES
OFFICIAL MAP
OPEN SPACE
(1)
(2)
OPEN SPACE, COMMON
OPEN SPACE, DEED-RESTRICTED
OPEN SPACE, PRIVATE
OPEN SPACE, PUBLIC
ORDINARY HIGH-WATER MARK
OUTLOT
(1)
(2)
OWNER
PARCEL
PARK, PRIVATE
PARK, PUBLIC
PEDESTRIANWAY
PERSON
PLAN COMMISSION
PLANNED UNIT DEVELOPMENT (PUD)
PLAT
POND
PRELIMINARY PLAT
PROTECTIVE COVENANTS
PUBLIC WAY
RECREATION LAND, COMMUNITY-LEVEL PUBLIC OUTDOOR
RECREATION LAND, NEIGHBORHOOD-LEVEL PUBLIC OUTDOOR
REPLAT
RESERVATION
RESERVE STRIP
RESIDENTIAL DWELLING UNIT
RETENTION BASIN
RIGHT-OF-WAY
RUNOFF
SETBACK
SEWER SERVICE AREA
SHORE BUFFER
SHORELAND-WETLAND
SIDEWALK
SKETCH PLAN
SLOPE
SLOPE, STEEP
SOIL MAPPING UNIT
STREAM
STREET
STREET LINE
STRUCTURE
SUBDIVIDER
SUBDIVIDER'S AGREEMENT
SUBDIVISION
SUBGRADE
SURETY BOND
TREE
TREE, CANOPY
TREE, STREET
TREE, UNDERSTORY
TRIP
UNIT
VILLAGE
VILLAGE ENGINEER
VILLAGE PLANNER
WATERCOURSE
WETLAND
WISCONSIN ADMINISTRATIVE CODE
WOODLAND, MATURE
WOODLAND, YOUNG
(1)
(2)
ZONING CODE or VILLAGE ZONING CODE
ZONING DISTRICT
ZONING PERMIT
Specific words and phrases. The following definitions shall be applicable
in this chapter:
Having a common border with, or being separated from such
common border by an alley or easement, other than publicly dedicated
and approved rights-of-way.
A means of vehicular or non-vehicular approach or entry to
or exit from property, a street, or highway.
Nearby, but not necessarily touching or abutting.
Average daily traffic. The average total number of vehicles
traversing a street on a typical day.
Any agency, other than an objecting agency, to which a plat
or certified survey map may be submitted for review and comment. An
advisory agency may give advice to the Village and suggest that certain
changes be made to the plat or certified survey map, or it may suggest
that a plat or certified survey map be approved or denied. Suggestions
made by an advisory agency are not, however, binding on the Village
Board or Plan Commission. Examples of advisory agencies include regional
planning commissions, school districts, and local utility companies.
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
Each governmental body having authority to approve or reject
a preliminary or final plat. Approving agencies are set forth in § 236.10,
Wis. Stats.
A street used, or intended to be used, primarily for fast
or heavy through traffic providing for the expeditious movement of
through traffic into, out of, and within the community. Arterial streets
shall include freeways and expressways as well as standard arterial
streets, highways, and parkways. Arterial streets shall be located
to minimize the penetration of such streets through existing and proposed
residential areas. Arterial streets shall generally be designed to
convey an average daily traffic (ADT) of 3,000 and greater.
A pathway designed specifically to satisfy the physical requirements
of bicycling.
A tract of land bounded by streets or a combination of streets,
public parks, cemeteries, railroad rights-of-way, shorelines of navigable
waters and municipal boundaries.
See definition for "bufferyard."
An area of land within the boundaries of a lot or site, generally
adjacent to and parallel to the property line, either consisting of
natural vegetation or using trees, shrubs, fences, and/or berms, designed
to limit continuously the view and/or sound from the lot or site to
adjacent lots or sites. Bufferyards are typically defined by a delineated
easement graphically indicated on the face of the certified survey
map, subdivision plat, or condominium plat.
See definition of "lot, buildable."
A line parallel to a lot line and at a distance from the
lot line so as to comply with the yard and setback requirements of
the applicable zoning regulations, or any restriction on the plat
which identifies a line on the plat as a building setback line.
A measurement of the diameter of a tree taken six inches
above the ground level for trees up to and including four-inch caliper
sizes and 12 inches above the ground level for larger sizes.
A minor land division as defined in § 582-16 of this chapter and prepared and recorded as set forth in § 236.34, Wis. Stats. See "minor land division."
A natural or artificial watercourse of perceptible extent
which periodically or continuously contains moving water, or which
forms a connecting link between two bodies of water. It has a definite
bed and banks which serve to confine water.
A street which collects and distributes internal traffic
within an urban area such as a residential neighborhood, between arterial
and local streets. It provides access to abutting property. It is
a street used, or intended to be used, to carry traffic from minor
streets to the system of arterial streets, including principal entrance
streets to residential developments and/or activity/employment centers.
Collector streets shall be designed to convey an average daily traffic
(ADT) of between 500 and 3,000.
See "Plan Commission."
Land in a residential development held in common and/or single
ownership and not reserved for the exclusive use or benefit of an
individual tenant or owner but rather for the benefit of all occupants
of the development.
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic, or physical interests.
The extensively developed plan adopted by the Village of
Grantsburg Plan Commission and certified to the Village Board pursuant
to § 62.23, Wis. Stats., or a Comprehensive Plan adopted
by the Village Board pursuant to § 66.1001, Wis. Stats.
The Land Use Plan shall be considered an element, or component, of
the Comprehensive Plan. The Comprehensive Plan shall also include,
as its components, neighborhood and subarea plans, proposals for future
land use, open space, streets and transportation, urban development,
and public facilities. Devices for implementation of these plans,
such as zoning, official map, land division and building line provisions,
design guidelines, and capital improvement programs, shall also be
considered a part of, or component of, the Comprehensive Plan.[1]
Each plan, ordinance, study, standard, agreement, or other
document duly adopted or approved by the Village Board or Plan Commission
which is related to the regulation of or the planning for land use
or development, or to the provision of public improvements or services
within the Village.
A building or group of buildings in which dwelling units or
other nonresidential floor area portions thereof are owned individually
and the structure, common areas, and facilities are owned by all owners
on a proportional, undivided basis.
Property subject to a condominium declaration as defined, regulated
and established under Ch. 703, Wis. Stats., and this chapter.
An association, whose members consist of owners of units
in a condominium, which administers and maintains the common property
and common elements of a condominium.
The owner of property who subjects said property to a condominium
declaration.
The instrument by which property becomes subject to Ch. 703,
Wis. Stats.
A real estate development in which a condominium form of
ownership pursuant to Ch. 703, Wis. Stats., is utilized.
A part of a condominium intended for any type of independent
use, including one or more cubicles of air at one or more levels of
space or one or more rooms or enclosed spaces located on one or more
floors (or parts thereof) in a building. A unit may include two or
more noncontiguous areas.
A structure which, before the recording of a condominium
declaration, was wholly or partially occupied by persons other than
those who have contracted for the purchase of condominium units and
those who occupy with the consent of the purchasers.
See "easement, conservation."
Legally merging two or more recorded parcels into a single
parcel.
In contact with one or more sides.
Where the title or any part thereof is transferred by the
execution of a land contract, option to purchase, offer to purchase
and acceptance, deed or certified survey.
A local street having but one end or outlet open to traffic
and the other end being permanently terminated in a vehicular turnabout
for the safe and convenient reversal of traffic movement.
A vertical or sloping edge of a roadway, drive, or parking
area.
Diameter at breast height. (See definition of "diameter at
breast height.")
A street permanently or temporarily closed at one end, with
or without turnarounds.
The grant and conveyance of a geographically defined interest
in land which is identified on a subdivision plat or certified survey
map as being the subject of a dedication, grant and conveyance to
the Village or some other entity, usually for public improvements,
facilities, or uses; the act of making such a dedication. The transfer
may be of fee simple interest or of a less than fee simple interest,
including an easement.
The grant and conveyance to the Village of completed public
improvements in a land division by the subdivider or condominium developer
(as applicable); the act of making a dedication.
A restriction on the use of a property set forth in the deed.
A man-made or natural depression below the surrounding grade
level designed to collect surface and subsurface water so that it
might impede its flow and to gradually release the same at a rate
not greater than that prior to the development of the property, into
natural or man-made outlets (i.e., the storm sewer system or stream).
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other persons having enforceable
proprietary interests in such land.
The carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land,
or the dividing of land into parcels by any person.
Any man-made change to improved or unimproved real estate, including
but not limited to construction of or additions or substantial improvements
to buildings, other structures, or accessory uses, mining, dredging,
filling, grading, paving, excavation or drilling operations, or disposition
of materials. The following activities or uses shall be taken for
the purposes of these regulations to involve "development":
A reconstruction, alteration of, or material change in the external
appearance of a structure on land or water;
A change in the intensity of use of land, such as an increase
in the number of dwelling units in a structure or on land or an increase
in the floor area or number of businesses, manufacturing establishments,
or offices;
Alteration of a shore or bank of a pond, river, stream, lake,
or other waterway;
Commencement of drilling (except to obtain soil samples), mining,
or excavation on a parcel of land;
Demolition of a structure;
Clearing of land as an adjunct of construction, including clearing
or removal of vegetation, any significant disturbance of vegetation,
or any soil manipulation; or
Deposit of refuse, solid or liquid waste, or fill on a parcel
of land.
The following operations or uses shall not be taken for the
purpose of these regulations to involve "development":
Work by a highway or road agency or railroad company for the
maintenance of a road or railroad track if the work is carried out
on land within the boundaries of the right-of-way;
Work by any public or quasi-public utility, and other persons
engaged in the distribution or transmission of gas or water, for the
purposes of inspecting, repairing, renewing, or constructing on established
rights-of-way sewers, mains, pipes, cables, utility tunnels, power
lines, towers, poles, tracks, or the like;
The maintenance, renewal, or alteration of any structure, where
only the interior or the color of the structure or the temporary decoration
of the exterior of the structure is affected;
The use of any structure or land devoted to dwelling uses for
any purpose customarily incidental to enjoyment of the dwelling;
Work involving the landscaping of a detached dwelling; or
Work involving the maintenance of existing landscaped areas
and existing rights-of-way such as setbacks and other non-natural
planted areas.
"Development" includes all other activity customarily associated
with it unless otherwise specified. When appropriate to the context,
"development" refers to the act of development or to the result of
development within the Village. Reference to any specific operation
is not intended to mean that the operation or activity, when part
of other operations or activities, is not development. Reference to
particular operations is not intended to limit the generality of this
definition.
See definition of "subdivider's agreement."
A residential building designed for occupancy by two or more
dwelling units.
Agricultural, residential, recreational, and other open space
development at such concentrations and densities not requiring traditional
urban services and facilities. Such rural development may be expected
to result in minimum disturbance of the land and land cover and, therefore,
less impact on the natural environment.
Residential, commercial, industrial, governmental, and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities,
including but not limited to:
Full- or part-time municipal police and fire protection and
community administration;
Additional public streets and highways;
Neighborhood parks and playgrounds;
Neighborhood schools;
Local libraries;
Public sanitary sewer facilities;
Public water supply facilities and public solid waste removal;
Storm sewer facilities;
Continual street maintenance;
Curbs, gutters, and sidewalks;
Streetlighting; and
Neighborhood convenience shopping.
Such development may be expected to alter or require the altering
of land and land cover and have detrimental impact on the ground-
and surface waters.
The diameter of the trunk of a tree measured in inches at
a point 4.5 feet above the ground line. This point of measurement
is used for established and mature trees.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for any purpose, including sale, development,
foreclosure or condemnation, where the title or part thereof of land
is transferred by the execution of a land contract, an option to purchase
and acceptance, a deed, a subdivision plat, a certified survey map,
or condominium plat.
An open area of land, either in an easement or dedicated right-of-way,
the primary purpose of which is to carry stormwater on the ground
surface in lieu of an enclosed storm sewer.
The land on either side of and within 30 feet of the center
line of any naturally occurring trench, ditch, swale, or similar depression
into which surface water flows, which conveys surface water, and which
is dry throughout most of the year but may hold water during and immediately
after either a rainstorm or periods of snow melt.
Drainageways shall include intermittent streams but shall not
include lakes, ponds, perennial streams, floodlands, one-hundred-year
recurrence interval floodplains, floodways, shoreland-wetlands, and
wetlands. Drainageways may serve multiple purposes in addition to
their principal use, including but not limited to maintenance, bicycle
and pedestrian traffic, sanitary sewers, water mains, storm sewers,
stormwater detention, park development, and other related uses. (Also
referred to as "greenways.")
The farthest distance, measured as a radius and the total
area encompassed thereby, where the branches of a tree extend from
its trunk indicating the extent of the canopy of a tree.
A paved or unpaved area used for ingress or egress of vehicles
allowing access from a street to a lot or site, use, building, or
other structure or facility.
That portion of a driveway located within a public right-of-way
that is widened to accommodate turning movements to access property
and streets.
One or more rooms, including a bathroom and complete kitchen
facilities, that are arranged, designed, or used as living quarters
for one family or household.
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person, quasi-public entity
(such as a homeowners' association), or part of the public.
A type of protective covenant, the boundary lines of which
are graphically depicted on the face of a certified survey map, preliminary
plat, final plat, and/or condominium plat, or filed as a separate
legal instrument, used to conserve and preserve a natural resource
feature protected under the provisions of this chapter.
A pathway designed specifically to satisfy the physical requirements
of horse, or other equine, riding.
The detachment and movement of soil, sediment, or rock fragments
by water, wind, ice, or gravity.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities. Wherever
such statutory extraterritorial powers overlap with those of another
city or village, the jurisdiction over the overlapping area shall
be divided on a line all points of which are equidistant from each
community so that not more than one community exercises extraterritorial
powers over any area.
On a nonmountable curb, the vertical portion of the curb
facing the roadway pavement. On a mountable curt, the curb face is
located six inches from the back of the curb in the direction of the
roadway pavement.
The final map, drawing, or chart on which the subdivider's
or condominium developer's (as applicable) plan of subdivision is
presented for approval under the requirements of Ch. 236, Wis. Stats.,
as amended, and this chapter, as amended, and which, if approved,
will be submitted to the County Register of Deeds.
A temporary rise in stream flow or stage that results in
water overtopping its banks and inundating areas adjacent to the channel.
The highest recorded elevation of a recorded flood event.
An elevation two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, five
feet above maximum flood of record.
Those lands, including the channels, floodways, and flood-fringe
of any given reach, which are subject to inundation by the flood with
a given recurrence frequency. The one-hundred-year recurrence interval
flood (or that flood having a one-percent probability of occurring
in any given year) is generally used for zoning regulation. Where
detailed flood data is not available, the maximum flood of record
is used.
Those lands, including the floodplains, floodways, and channels,
subject to inundation by the one-hundred-year recurrence interval
flood or, where such data is not available, the maximum flood of record.
A designated portion of the one-hundred-year flood that will
safely convey the regulatory flood discharge with small, acceptable
upstream and downstream stage increases, limited in Wisconsin to 0.01
foot unless special legal measures are provided. The floodway, which
provides the channel, is that portion of the floodplain not suited
for human habitation. All fill, structures, and other development
that would impair floodwater conveyance by adversely increasing flood
stages or velocities or would itself be subject to flood damage should
be prohibited in the floodway.
See definitions for "woodland, mature" and "woodland, young."
All the property fronting on one side of a street between
the nearest intersecting streets or between a street right-of-way,
waterway, or other similar barrier.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
A street, either existing as or proposed to be, half of the
required right-of-way width with the intention that the adjoining
half will be platted at the time the adjoining lands are subdivided,
or an existing street of which, due to reasons of ownership, only
half of the right-of-way is within the boundaries of a proposed land
division or annexation.
The highest elevation to which subsurface water rises. This
may be evidenced by the actual presence of water during wet periods
of the year or by soil mottling during drier periods. "Mottling" is
a mixture or variation of soil colors. In soils with restricted internal
drainage, gray, yellow, red, and brown colors are intermingled giving
a multicolored effect.
The average annual high water level of a pond, stream, lake,
flowage, or wetland referred to an established datum plane or, where
such elevation is not available, the elevation of the line up to which
the presence of the water is so frequent as to leave a distinct mark
by erosion, change in or destruction of vegetation or other easily
recognized topographic, geologic, or vegetative characteristic.
A Wisconsin nonprofit membership corporation which serves
as an association of homeowners within a subdivision, certified survey
map, or condominium having shared common interests and responsibilities
with respect to the costs and upkeep of common private property of
a subdivision, certified survey map, or condominium. Such common property
includes private recreation and open space areas within the subdivision,
certified survey map, or condominium. For the purposes of this chapter,
homeowners' associations include condominium associations.
Roof areas, gravel and bituminous surfaces, sidewalks, decks
or other hard-surface areas.
Any man-made immovable item which becomes part of, is placed
upon, or is affixed to real estate.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the Village may ultimately assume
the responsibility for maintenance and operation.
An agreement guaranteeing payment for subdivision improvements,
entered into by a bank, savings and loan, or other financial institution
which is authorized to do business in this state and which has a financial
standing acceptable to the Village, and which is approved, as to form,
by the Village Attorney.
Any body of water two acres or larger in size as measured
by the shoreline at its maximum condition rather than the permanent
pool condition, if there is any difference.
Any division or conveyance of land or an interest in land
that results in the creation of one or more additional lots or parcels,
including, without limitation, any subdivision or minor land division.
Notwithstanding the foregoing definition, the creation of any condominium
shall be deemed to be a land division under this chapter. A land division
can be legally created or accomplished only by means of:
See the definition of "bufferyard."
Living material, such as grass, ground cover, flowers, shrubs,
vines, hedges, and trees, and nonliving durable material, such as
rocks, pebbles, sand, mulch, wood chips or bark, walls, and fences,
but not including paving.
Pipes installed for conducting sewage from the lots of certified
survey maps, subdivision plats, condominium plats, or other lots or
parcels of land to larger sanitary sewer pipes, called "trunk," "interceptor"
or "main" sewers, which are oftentimes located within easements or
rights-of-way.
Pipes installed for conducting water to the lots of certified
survey maps, subdivision plats, condominium plats, or other lots or
parcels of land from larger water mains which are oftentimes located
within easements or rights-of-way.
An irrevocable written agreement guaranteeing payment for
improvements, entered into by a bank, savings and loan, or other financial
institution authorized to do business in the State of Wisconsin and
which has a financial standing acceptable to the Village, which secures
a subdivider's obligation to pay the cost of designing, constructing,
and installing required public improvements and certain other obligations
in connection with an approved land division or condominium.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning and shoreland/floodplain
ordinance.
The area contained within the exterior boundaries of a lot,
excluding streets and land under navigable bodies of water.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
The front of a lot shall be that boundary of a lot along
a public street; for a corner lot the owner may elect either street
line as the front lot line.
The horizontal distance between the side lot lines measured
at the front setback line.
A lot on which a principal building to be utilized for one
or more uses can be lawfully constructed.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
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. Double frontage
lots shall not generally be permitted unless the lot abuts an arterial
highway. Double frontage lots abutting arterial highways should restrict
direct access to the arterial highway by means of a planting buffer
or some other acceptable access buffering measure.
A lot typically not meeting minimum frontage requirements
and where access to a public street is by a narrow, private access
easement, strip of land, or driveway.
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
Mini-level, privately owned outdoor recreation land areas
(including play lots and tot lots) serving a single subdivision or
condominium plat and generally containing less open space and natural
resource oriented areas than typical neighborhood-level public outdoor
recreation land. Mini-park level private outdoor recreation lands
are typically less than five acres in area but a minimum of 20,000
square feet in area and are located within short walking distances
of home (generally less than 1/4 mile). These areas provide sufficient
usable land area meeting the standards set forth in this chapter for
mini-parks. These areas are equipped with safe and creative play devices,
landscaping, and suitable ground cover improvements and can include
picnicking areas, play equipment areas, open play areas, and other
small passive activity areas.
Any division of land not defined as a subdivision. Minor
land divisions include the division of land by the owner or subdivider
resulting in the creation of two, but not more than four, parcels
or building sites, any one of which is less than 35 acres in size,
or the division of a block, lot or outlot within a recorded subdivision
plat into not more than four parcels or building sites without changing
the exterior boundaries of said block, lot, or outlot. A certified
survey map may be used to change the boundaries of lots and outlots
within a recorded plat or recorded certified survey map if the redivision
does not result in a subdivision or violate a local subdivision regulation.
A certified survey map may not alter the exterior boundary of a recorded
plat, areas previously dedicated to the public or a restriction placed
on the platted land by covenant, by grant of an easement or by any
other manner. See "certified survey map."
A street used, or intended to be used, primarily for access
to abutting properties; also referred to as a "local street." Residential
minor streets that are designed as either looped or through streets
shall be designed so that no section conveys an average daily traffic
(ADT) greater than 500. Residential minor land access streets that
are designed as permanent cul-de-sac streets shall be designed so
that no section conveys an average daily traffic (ADT) greater than
250.
Standards governing the horizontal and vertical accuracy
of topographic maps and specifying the means for testing and determining
such accuracy, endorsed by all federal agencies having surveying and
mapping functions and responsibilities.
A written plan for landscaping.
The proportion of the natural features of a site (excluding
land occupied by public street rights-of-way) which shall remain undeveloped
and protected and is specifically designated for natural resource
protection by deed restriction, easement, protective covenant, zoning,
or a combination thereof.
Areas of steep slopes, woodlands and forests (mature and
young), lakes, ponds, streams, shore buffer, floodplains, floodlands,
wetlands, and shoreland-wetlands as defined in this chapter.
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes.
Lake Michigan, Lake Superior, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages, and other water
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. The Wisconsin Supreme Court has declared as navigable
bodies of water with a bed differentiated from adjacent uplands and
with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis [Muench
v. Public Service Commission, 261 Wis. 2d 492 (1952) and DeGaynor
and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)].
Materials other than earth, clay, soil, ground, stones, and
rock.
An agency empowered to object to a subdivision plat pursuant
to Ch. 236, Wis. Stats. The Village may not approve any plat upon
which an objection has been certified until the objection has been
satisfied. The objecting agencies include the Wisconsin Department
of Administration, Wisconsin Department of Safety and Professional
Services, Wisconsin Department of Transportation, and the County Planning
Agency.
A map indicating the location, width, and extent of existing
and proposed streets, highways, waterways, parkways, required rights-of-way,
public transit facilities, parks, playgrounds, and other facilities,
as adopted by the Village Board pursuant to § 62.23(6),
Wis. Stats.
Any site, parcel, lot, area, or outlot of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for the
public or private use and enjoyment of owners and occupants of land
adjoining or neighboring such open space.
Land that is to be used primarily for resource protection, agriculture,
or recreational purposes or otherwise left undisturbed and specifically
excluding road rights-of-way and lots. Open space land shall not be
occupied by nonrecreational buildings, roads, drives, public rights-of-way,
or off-street parking areas for nonrecreational uses. Land located
within the yards or lots of residential and/or nonresidential properties
is not considered open space unless it is deed restricted for open
space protection or natural resource features protection. Where lots
are above the minimum sizes required and the excess lot area is deed
restricted to open space uses it may be counted as open space.
Open space within or related to a development, neither individually
owned nor dedicated for public use but typically owned by a property
owners' association, which is designated and intended for the common
use and/or enjoyment of the residents of the development, and which
is accessible and usable by all persons who occupy a principal use
within the development.
Deed-restricted open space on platted lots is not occupied
by any principal or accessory buildings or structures, roads, road
rights-of-ways, or parking areas. Deed-restricted open space on platted
outlots is not occupied by nonrecreational principal or accessory
buildings or structures, roads, road rights-of-way, or parking areas.
The maintenance of deed-restricted open space located on platted outlots
is by a homeowners' association. The maintenance of deed-restricted
open space located on platted lots is by the individual lot owner.
An open space area privately owned by a natural person, individual,
firm, association, syndicate, partnership, private corporation, limited
liability entity, public or quasi-public corporation, or combination
of these having legal title to the open space area.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, public school district, state or county agency,
or other public body for recreation or conservation uses.
The point on the bank or shore of a navigable water 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, or other easily recognized characteristics.
A parcel of land, other than a lot, so designated on a plat
or certified survey and which is not intended for building or structure
development in the proposed land division.
A parcel of land, other than a lot or block, so designated on
the plat, but not of standard lot size, which can be either redivided
into lots or combined in the future with one or more other adjacent
outlots or lots in adjacent subdivisions or minor land divisions for
the purpose of creating building lots. Section 236.13(6), Wis. Stats.,
prohibits using an outlot as a building site unless it complies with
all the requirements imposed for buildable lots. The Village shall
generally require that any restrictions related to an outlot be included
on the face of the preliminary plat, final plat or certified survey
map.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, syndicate, partnership,
private corporation, limited liability entity, public or quasi-public
corporation, or combination of these, having legal title or sufficient
proprietary interest to seek development of land. For purposes of
successive division of a parcel by certified survey maps, "owner"
shall be taken to include any related person, firm, partnership or
corporation to whom or to which conveyance has been made within two
years of application for approval of a certified survey map. "Related"
shall mean any natural person related to a transferor by blood or
marriage, any person acting in an agency or trust capacity, any partnership
in which the transferor is a partner and any corporation in which
the transferor is a stockholder, officer or director, or in which
related persons are stockholders, officers or directors.
An outdoor recreation park privately owned by a natural person,
individual, firm, association, syndicate, partnership, private corporation,
public or quasi-public corporation, or combination of these having
legal title to the outdoor recreation park.
An outdoor recreation park conveyed or otherwise dedicated
to a local government, municipal agency, public school district, state
or county agency, or other public body for recreation or conservation
uses.
A public way that is intended for the convenience of pedestrians
only; it may also provide public right-of-way for utilities.
Any of the following entities: natural persons, corporations,
partnerships, associations, limited liability companies, firms, bodies
politic, joint ventures, joint-stock companies, public or private
corporations, the United States, the State of Wisconsin, including
any unit or division thereof, any county, city, village, town, municipal
utility, municipal power district, or other governmental unit, cooperative,
estate, trust, receiver, executor, administrator, any other fiduciary,
any representative appointed by order of any court or otherwise acting
on behalf of others, or any other entity of any kind which is capable
of being sued (includes singular as well as plural).
The Village Plan Commission created by the Village Board
pursuant to § 62.23, Wis. Stats.
A form of development usually characterized by a unified
site design for a number of housing units. The concept usually involves
clustering of buildings, providing common open space, and mixing different
types of housing (single family, duplexes, and multifamily). Ordinances
permitting planned unit developments permit planning a project and
calculating densities for the entire development rather than on an
individual lot-by-lot basis. It is hereby declared that regulating
planned unit developments requires greater involvement of public officials
in site plan review and development aspects of both zoning and land
division regulation since such developments require exceptions from
both types of regulation.
The map, drawing or chart on which the subdivider's land
division or condominium is presented to the Village for approval.
All bodies of water less than two acres in area as measured
by the shoreline at its maximum condition rather than the permanent
pool condition, if there is any difference.
A map showing the salient features of a proposed subdivision
submitted to an approving agency for purposes of preliminary consideration
pursuant to the requirements of Ch. 236, Wis. Stats., the Comprehensive
Plan, and this chapter.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of all private
or platted property within a subdivision for the benefit of the public
or property owners and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
Any public road, street, highway, walkway, drainageway, or
part thereof.
An outdoor recreation site serving several neighborhoods
and generally containing more open space and natural resource oriented
areas than typical neighborhood-level public outdoor recreation land.
Active recreational facilities located in such areas can include,
but not necessarily be limited to, baseball, softball, tennis, basketball,
playground or playfield (which may be associated with a school), picnicking,
swimming, recreational trails, and passive activity areas, etc. Such
recreational land typically serves an area with a radius of from about
two to 10 miles and provides sufficient usable land area per capita
to meet the standards set forth in the adopted Comprehensive Plan
or element thereof. The size of such areas typically ranges from 20
to 99 acres in area.
An outdoor recreation site serving a single neighborhood
and generally containing less open space and natural resource oriented
areas than typical community-level public outdoor recreation land.
Active recreational facilities located in such areas can include,
but not necessarily be limited to, baseball, softball, tennis, basketball,
playground or playfield (which may be associated with an elementary
school), picnicking, ice skating area, recreational trails, and passive
activity areas, etc. Such recreational land typically serves an area
with a radius of from about 0.5 to two miles and provides sufficient
usable land area per capita to meet the standards set forth in the
Comprehensive Plan or element thereof. The size of such areas is typically
less than 20 acres in area.
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat, certified survey map,
or part thereof. The legal dividing of a large block, lot or outlot
within a recorded subdivision plat or certified survey map without
changing exterior boundaries of said block, lot or outlot is not a
replat.
A geographically defined area of land or interest in land,
identified on a subdivision plat, certified survey map, or condominium
as having been temporarily set aside for possible future acquisition
for public improvements, facilities, or uses. Such a reservation does
not imply public ownership.
Any land which would prohibit or interfere with the orderly
extension of streets, pedestrianways, sanitary sewer, water mains,
stormwater facilities, or other utilities or improvements between
two abutting properties.
A single-family dwelling or part of a duplex, apartment,
or other multiple-family dwelling occupied by one family or one distinct
set of inhabitants or occupants.
A man-made or natural body of water of a depth of not less
than three feet, designed to contain water at all times, the level
of which will be increased as a result of the flow into it of surface
and subsurface water, collected therein and released gradually into
natural or man-made outlets.
A public way dedicated to the public for its intended use.
The rainfall, snowmelt, discharge pumping, or irrigation
water flowing over the ground surface.
Those minimum street, front, rear, and/or side yards required
by the pertinent zoning regulations governing the Village.
If the Village adopts such a classification, that portion
of the Village and the area which has been designated by the Village
Board as the area to which services required in urban areas shall
be provided in a planned and orderly process, particularly those facilities
which are placed on or in the land as part of the urban development
process. Such services include, but are not limited to, public sanitary
and storm sewers, water supply and distribution system, streets and
highways.
The area located within 75 feet of the ordinary high-water
mark of all navigable waters and parallel to that ordinary high-water
mark.
A wetland, as defined by this chapter and pertinent shoreland-wetland
ordinances, which is located within a shoreland area.
A paved path provided for pedestrian use and usually located
at the side of a road within a public street right-of-way but physically
separated by distance from the road pavement.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
Three categories of steep slopes are defined herein for use
in this chapter. These categories are based upon the relative degree
of the steepness of the slope as follows: 10% to 20%, 20% to 30%,
and greater than 30%. No land area shall be considered a steep slope
unless the steep slope area has at least a ten-foot vertical drop
and has a minimum area of 5,000 square feet. Steep slopes exclude
man-made steep slopes.
Soil type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture.
A course of running water, either perennial or intermittent,
flowing in a channel.
A dedicated public way for pedestrians and vehicular traffic
and utility access, including but not limited to highways, arterials,
collectors, parkways, through highways, roads, avenues, boulevards,
lanes, places and courts, and any pavements, turf, fixtures, facilities,
structures, plantings, signs, and other elements of the right-of-way.
A line separating a lot, piece, or parcel of land from a
street.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground, excepting public utility
fixtures and appurtenances.
Any person, firm, corporation, agent, partnership, or entity
of any sort which divides or proposes to divide, by plat, minor subdivision,
certified survey map, or replat, land in any manner, including such
heirs and assigns as may be responsible for the obligations of the
subdivider under the provisions of this chapter. For purposes of this
chapter, "subdivider" shall also mean and include condominium developers.
An agreement by which the Village and subdivider or condominium
developer (as applicable) agree in reasonable detail as to all of
those matters which the provisions of this chapter permit to be covered
by the subdivider's agreement and which agreement shall not come into
effect unless and until an irrevocable letter of credit or other appropriate
surety has been issued to the Village.
The division of a lot, parcel or tract of land by the owner(s)
thereof or the owner's agent for the purpose of sale or of building
development where:
The natural ground lying beneath a road.
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the subdivider or condominium developer.
Any self-supporting, woody plant together with its root system,
growing upon the earth usually with one trunk, or a multi-stemmed
trunk system, supporting a definitely formed crown.
A tree whose leaves would occupy the upper level of a forest
in a natural ecological situation. These trees are often referred
to as "shade trees."
A tree adjacent to a public place, street, special easement,
or right-of-way adjoining a street.
A tree whose leaves would occupy the lower level of a forest
in a natural ecological situation. These types of trees are often
referred to as "ornamental trees."
A single or one-way vehicle movement to or from a property.
See definition of "condominium unit."
The Village of Grantsburg, Burnett County, Wisconsin.
A registered professional engineer who is a consultant to
or employee of the Village, or a consulting engineer or engineering
firm who provides resident staff services to the Village, and is duly
appointed by the Village Board to the position. References to "Village
Engineer" may also mean that certain tasks may be performed by the
Building Inspector, Director of Public Works or other Village officials.
A professional planner who is a consultant to or employee
of the Village, or a consulting professional planner who provides
resident staff services to the Village, and who is duly appointed
by the Village Board to the position.
A permanent or intermittent stream channel.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions. [§ 23.32(1),
Wis. Stats.]
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Ch. 227, Wis. Stats., including
subsequent amendments to those rules.
An area or stand of trees whose total combined canopy covers
an area of one acre or more and at least 50% of which is composed
of canopies of trees having a diameter at breast height (dbh) of at
least 10 inches, or any grove consisting of eight or more individual
trees having a dbh of at least 12 inches whose combined canopies cover
at least 50% of the area encompassed by the grove. However, no trees
grown for commercial purposes shall be considered mature woodland.
An area or stand of trees:
Where total combined canopy covers an area of 0.5 acre or more
and at least 50% of which is composed of canopies of trees having
a diameter at breast height (dbh) of at least three inches; or
With clusters of six or more trees having a diameter at breast
height (dbh) of at least four inches with a total combined canopy
cover of an area of 5,000 square feet or more. (Note: No trees grown
for commercial purposes shall be considered young woodland.)
Chapter 595, Zoning, of the Code of the Village of Grantsburg.
As defined in the Village Zoning Code and accompanying maps,
as amended.
The permit required by this chapter and the Village Zoning
Code before the erection, reconstruction, enlargement, or moving of
any building or structure, or use of a structure, land, or water,
where such erection or use complies with all provision of this chapter.
