For the purposes of this chapter, the following definitions
shall be used, unless a different definition is specifically provided
for a section. Words used in the present tense include the future,
the singular number includes the plural number, and the plural number
includes the singular number. The word "shall" is mandatory and not
permissive. The word "person" includes individuals, all partnerships,
associations, and bodies politic and corporate. The word "lot" includes
the word "plot" or "parcel" or "tract." The word "used" or "occupied"
as applied to any land or building shall be construed to include the
words "intended," "arranged" or "designed to be used or occupied."
Having a common property line or district line, or separated
only by a river, stream, or transportation or utility right-of-way.
A separate complete housekeeping unit that is substantially
contained within the structure of a single-family dwelling but can
be isolated from it.
See "building, accessory."
A subordinate structure, the use of which is incidental to,
customarily found in connection with, and located on the same lot
as the principal structure or use of the property. Accessory structures
include, but are not limited to, detached garages, sheds, barns, gazebos,
swimming pools, hot tubs, fences, retaining walls and detached stairways
and lifts and impervious, pervious or porous driveways, parking lots,
sidewalks, patios and decks (both detached and attached).
See "use, accessory."
The actual land devoted to the land use, excluding public
streets, public lands or unusable lands, and school sites, contained
within 43,560 square feet.
The owner of property located within 300 feet of a subject
property under this chapter.
An establishment primarily engaged in refining, processing
or otherwise adding value to raw agricultural goods, including but
not limited to washing, sorting, cutting, bagging, freezing, canning,
packing, bottling or butchering.
The use of land or buildings for agricultural research and
the cultivation of new agricultural products.
An establishment primarily engaged in:
The sale or rental of farm tools and implements, feed and grain,
tack, animal care products, farm supplies and the like; or
Performing agricultural or horticultural services on a fee or
contract basis, including but not limited to crop dusting and spraying
services, harvesting and plowing services, agricultural land grading
services, farm equipment service and repair, and large animal veterinary
services.
Grain elevators and other facilities for the warehousing
and storage of agricultural products.
Beekeeping; commercial feedlots; dairying; egg production;
floriculture; fish or fur farming; forest and game management; grazing;
livestock raising; orchards; wholesale plant greenhouses and nurseries;
poultry raising; raising of grain, grass, mint and seed crops; raising
of fruits, nuts and berries; sod farming; placing land in federal
programs in return for payments in kind; owning land, at least 35
acres of which are enrolled in the conservation reserve program under
16 U.S.C. §§ 3831 to 3835; participating in the milk
production termination program under 7 U.S.C. § 1446(d);
and vegetable raising.
The use of land for animal feeding operations, including
areas for the storage, treatment and disposal of manure and other
related waste products.
The use of land for the production of row crops, field crops,
tree crops, timber, bees, apiary products, and fur-bearing mammals.
A residence which is occupied by:
A site maintained for occasional use by manned aircraft for
landing or taking off.
Any airport which complies with the definition contained
in § 114.002(7), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.
A public or private right-of-way which affords only a secondary
means of access to the side or rear of an abutting property.
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
of a kennel shall be limited to short-term boarding and shall be only
incidental to such hospital use.
As defined in § NR 243.03(5), Wis. Adm. Code.
Any device or equipment used for the transmission or reception
of electromagnetic waves, which may include an omnidirectional antenna
(rod), a directional antenna (panel) or a parabolic antenna (dish).
A suite of rooms or a room in a multiple dwelling, which
suite or room is arranged, intended or designed to be occupied as
a residence of a single family, individual or group of individuals,
with separate facilities and utilities which are used or intended
to be used for living, sleeping, cooking and eating.
A public street or highway used or intended be used primarily
for large volume or heavy through traffic. Arterial streets shall
include freeways and expressways as well as arterial streets, highways
and parkways.
A person, committee, or board to whom or to which the power
to issue a permit or make a determination, decision or judgment has
been delegated.
Any premises on which is kept more than one vehicle, not
in running order or operating condition, or in a general state of
disrepair, which is not completely enclosed within a building.
A story partly or wholly underground. The height of a basement
shall be the vertical distance between the surface of the basement
floor and the surface of the floor next above it. A basement shall
be counted as a story for the purposes of height measurement if the
vertical distance between the ceiling and the main level of the adjoining
ground is more than five feet, or if used for business purposes, or
if used for living purposes by other than the owner and his immediate
family, and a janitor or servants of the owner.
Practices and industry standards designed to minimize environmental
damage.
A tract of land bounded by streets or by a combination of
streets and public parks or other recognized lines of demarcation.
A line along the top of a slope preservation zone. There
can be more than one bluff line.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by a prearrangement for compensation
for three or more persons not members of a family, but not exceeding
10 persons and not open to transient customers.
A building or portion thereof used for the housing or care
of boats and other associated marine equipment for noncommercial purposes
and not permitted to be used for human habitation.
A designated neutral area designed to separate conflicting
land uses. A natural vegetative screening of trees, shrubs or other
plantings is usually employed in such a designated area.
The portion of a lot remaining after required yards have
been provided.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials. When a building is divided
into separate parts by unpierced walls extending from the ground up,
each part shall be deemed a separate building.
The total area bounded by the exterior walls of a building
at the floor levels, but not including basements, utility rooms, garages,
porches, breezeways and unfinished attics.
A building or portion of a building subordinate to the main
building and used for a purpose customarily incidental to the permitted
use of the main building or the use of the premises. An automobile
trailer or other vehicle or part thereof or other building shall not
be used as a dwelling or lodging place and shall not be considered
an accessory building or use.
Any change or rearrangement of the supporting members such
as bearing walls, beams, columns or girders of a building, an addition
to a building, or movement of a building from one location to another.
A building surrounded by open space on the same lot.
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
The vertical distance from the average curb level in front
of the lot or the finished grade at the building line, whichever is
higher, to the highest point of the coping of a flat room, to the
deckline of a mansard roof or to the average height of the highest
gable of a gambrel, hip or pitch roof.
A building in which the principal use of the lot on which
it is located or conducted.
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.
A wireless communication service facility that is disguised,
hidden or screened but remains recognizable as a tower or antenna.
Any parcel of land which is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
or travel trailer, motor home, bus, van, pickup truck, tent or other
mobile recreational vehicle.
A rigid structure attached to and extending outward from
a building, designed to protect the building and/or people under the
canopy from the sun, rain or snow.
An automobile shelter having one or more sides open.
That portion of a building having more than half of the floor-to-ceiling
height below the average grade of the adjoining ground. This portion
is not a completed structure and serves as a substructure or foundation
for a building.
A line connecting the points on highways from which setback
distances shall be measured, at any point of the highway.
A certification that the construction and the use of land
or building, the elevation of fill or the lowest floor of a structure
is in compliance with all of the provisions of this chapter.
Those floodlands normally occupied by a stream of water under
average annual high-water flow conditions while confined within generally
well-established banks.
A group of medical or dental offices organized as a unified
facility to provide medical or dental treatment as contrasted with
an unrelated group of such offices, but not including bed-patient
care.
A building or portion thereof or premises owned by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit or to render a service which
is customarily carried on as a business.
A subdivision in which the lot sizes are reduced below those
normally required in the zoning district in which the development
is located in return for the provision of permanent undeveloped land.
The following facilities licensed or operated or permitted
under the authority of the Wisconsin Statutes: child welfare agencies
under § 48.60 and community-based residential facilities
under § 50.01, but does not include day-care centers, nursing
homes, general hospitals, special hospitals, prisons and jails. The
establishment of a community living arrangement shall be in conformance
with applicable sections of the Wisconsin Statutes, including §§ 46.03(22),
59.69(15) and 62.23(7)(i) and (7a), and amendments thereto, and also
the Wisconsin Administrative Code.
An application that contains everything required under § ATCP
51.30(1) to (4), Wis. Adm. Code.
An area on a lot where a building could be located in compliance
with all applicable ordinance requirements.
The occupations, vocations, skills, arts, businesses, professions
or uses specifically designated in each zoning district which, for
their respective conduct, exercise or performance in such designated
districts, may require reasonable but special, peculiar, unusual or
extraordinary limitations, facilities, plans, structures, thoroughfares,
condition modification, or regulations in such district for the promotion
or preservation of the general public welfare, health, convenience
or safety therein and in the Village and, therefore, may be permitted
in such district only by a conditional use permit.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide prepared
by the United States Department of Agriculture Soil Conservation District
Supervisors, and containing suitable alternatives for the use and
treatment of land based upon its capabilities, from which the landowner
selects that alternative which best meets his need in developing his
soil and water conservation plan.
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.
See "lot, corner."
An open, unoccupied space, other than a yard, on the same
lot with a building, and which is bounded on two sides by the building.
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for limited access to
plumbing and electrical utilities.
Any interruption or break in the line of a street curb in
order to connect a driveway to a street or otherwise to provide vehicular
access to abutting property.
The level of the established curb in the front of the building
measured at the center of such front.
A place or home which provides care for eight or more children
under the age of seven years for less than 24 hours a day and is licensed
as provided for in § 48.65, Wis. Stats.
A dwelling or center that provides care and supervision for
nine or more children and is licensed by the Wisconsin Department
of Health Services.
An unenclosed exterior structure that has no roof or sides
but has a permeable floor that allows the infiltration of precipitation.
Any artificial or man-made change to improved or unimproved
real estate, including but not limited to the construction of buildings,
structures or accessory structures; the construction of additions
or alterations to buildings, structures or accessory structures; the
repair of any damaged structure or the improvement or renovation of
any structure, regardless of percentage of damage or improvement;
the placement of buildings or structures; subdivision layout and site
preparation; mining, dredging, filling, grading, paving, excavation
or drilling operations; the storage, deposition or extraction of materials
or equipment; and the installation, repair or removal of public or
private sewage disposal systems or water supply facilities.
The part of a zoning ordinance enacted under § 62.23(7),
Wis. Stats., that applies to elements including setback, height, lot
coverage, and side yard. [See § 62.23(7)(hb)1a, Wis. Stats.]
Having a physical or mental impairment that substantially
limits one or more major life activities.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and building
are uniform.
Overlay districts, also referred to herein as regulatory
areas, provide for the possibility of superimposing certain additional
requirements upon a basic zoning district without disturbing the requirements
of the basic district. In the instance of conflicting requirements,
the more strict of the conflicting requirements shall apply.
A mobile home consisting of two mobile home sections combined
horizontally at the site while still retaining their individual chassis
for possible future movement.
A building designed or used exclusively as a residence or
sleeping space, but does not include boardinghouses or lodging houses,
motels, hotels, tents, cabins or mobile homes.
A building or portion thereof used exclusively for human
habitation, including single-family, two-family and multiple-family
dwellings, but not including hotels, motels or lodging houses.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
A detached building designed for or occupied by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
Locations which provide day care and food service for adults
who are unable to be left alone while other family members are at
work or otherwise not at home during the day. Overnight lodging is
not to be provided at an elderly day-care home.
Public or private enclosures designed to protect people from
aerial, radiological, biological or chemical warfare, fire, flood,
windstorm, riots or invasions.
Services provided by public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewerage, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
The entire livestock facility that is created by the expansion
after May 1, 2006, and includes all livestock structures in the expanded
facility, regardless of whether those structures are new, existing
or altered.
An addition to an existing structure regardless of whether
the addition is vertical or horizontal or both.
An increase in the largest number of animal units kept at
a livestock facility on at least 90 days in any twelve-month period.
The acquisition of an existing livestock facility by the operator
of an adjacent livestock facility does not constitute an expansion
unless that operator increases the largest number of animal units
kept at the combined livestock facilities for at least 90 days in
any twelve-month period.
One or more persons immediately related by blood, marriage
or adoption and living as a single housekeeping unit in one dwelling
unit shall constitute a family. A family may include in addition thereto
two but not more than two persons not related by blood, marriage or
adoption. A person shall be considered to be related for the purpose
of this section if he is dwelling for the purpose of adoption or for
a foster care program. Exceptions: Nothing in this chapter shall prohibit,
under the definition of "family," priests, laybrothers, nurses or
such other collective body of persons living together in one house
under the same management and care, subsisting in common, and directing
their attention to a common object or the promotion of their mutual
interest and social happiness, as set forth by the Wisconsin Supreme
Court in Missionaries of Our Lady of LaSalle vs. Village of Whitefish
Bay Board of Zoning Appeals, 267 Wis. 609, which is hereby incorporated
by reference.
A dwelling also licensed as a day-care center by the State
Department of Health Services where, for compensation or consideration,
a resident of the dwelling provides group care for at least four,
but not more than eight, children between the ages of infancy and
seven years of age at a location other than the child's own home or
the home of relatives or guardians.
Land consisting of five acres or more on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption,
use or sale.
See "livestock."
General farming shall include floriculture, forest and game
management, orchards, raising of grain, grass, mint and seed crops,
raising of fruits, nuts and berries, sod farming and vegetable farming.
General farming includes the operating of such an area for one or
more of the above uses with the necessary accessory uses for treating
or storing the produce; provided, however, that the operation of any
such accessory uses shall be secondary to that of the normal farming
activities.
A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.
A temporary rise in stream flow or stage in lake level that
results in water overtopping the banks and inundating the areas adjacent
to the stream channel or lake bed.
A point two feet above the water surface elevation of the
one-hundred-year recurrence interval flood. This safety factor, also
called "freeboard," is intended to compensate for the many unknown
factors that contribute to flood heights greater than those computed.
Such unknown factors may include ice jams, debris accumulation, wave
action and obstructions of bridge openings.
The elevation of the floodwater surface above an officially
established datum plane, which is mean sea level, 1929 adjustment.
A designated portion of the one-hundred-year flood area that
will safely convey the regulatory flood discharge with small, acceptable
upstream and downstream stage increases, limited in Wisconsin to 0.1
foot unless special legal measures are provided. The floodway, which
includes 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.
For uses other than residential, the floor area shall be
measured from the exterior faces of the exterior walls or from the
center line of walls or partitions separating such uses, and shall
include all floors, lofts, balconies, mezzanines, cellars, basements
and similar areas devoted to such uses. For the purpose of determining
off-street parking and off-street loading requirements, the sum of
the gross horizontal areas of the floors of the building, or portion
thereof, devoted to a use requiring off-street parking or loading.
This area shall include elevators and stairways, accessory storage
areas located within selling or working space occupied by counters,
racks or closets and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, floor area, for the purposes of
determining off-street parking spaces, shall not include floor area
devoted primarily to storage purposes except as otherwise and noted
herein.
The square feet of floor space of the several floors of a
dwelling unit within the outside line of walls, and includes the total
of all space on all floors of a building, but not including porches,
balconies, garages or space in a basement or cellar when the same
is used for storage or incidental uses. Residential floor area is
measured from the exterior faces of the exterior walls or from the
center lines of walls or portions separating dwelling units.
The land area covered by a structure at ground level, measured
on a horizontal plane. The footprint of a residence includes attached
garages and porches, but excludes decks, patios, carports and roof
overhangs.
The primary domicile of a foster parent which has four or
fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street.
Where the rear lot line of a corner lot coincides with all
or part of the side lot line of an adjoining lot in the same block.
An accessory building or space for the storage only of not
more than four wheeled, licensed motor vehicles.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.
Any building or premises used for the storage only of motor-driven
vehicles, pursuant to previous arrangements, not to transients, where
no equipment, parts, fuel, grease or oil is sold and vehicles are
not equipped, serviced, repaired, hired or sold.
A place of business where retail and wholesale products and
produce are sold to the consumer. These centers, which may include
a nursery and/or greenhouses, import most of the items sold, and may
include plants, nursery products and stock, potting soil, hardware,
power equipment and machinery, hoes, rakes, shovels, and other garden
and farm variety tools and utensils.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances and sale of motor vehicle accessories and which
may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing such vehicles.
Retail stores where items such as art, antiques, jewelry,
books and notions are sold.
When used as a reference point in measuring the height of
a building, the grade shall be the average elevation of the finished
ground at the exterior walls of the main building.
An open land area where sand, gravel, and rock fragment are
mined or excavated, including such on-site processing that is related
to the mining or excavation of the sand, gravel, and rock fragment,
such as stockpiling of materials, blending mineral material aggregates
or nonmetallic minerals, crushing, screening, scalping and dewatering.
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
Retail stores where items such as plumbing, heating and electrical
supplies, sporting goods and paints are sold.
As defined in § 595-58.
An institution intended primarily for the medical diagnosis,
treatment and care of patients being given medical treatment. A hospital
shall be distinguished from a clinic by virtue of providing for bed-patient
care.
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
A building occupied by a nonprofit corporation or a nonprofit
establishment for public use.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
includes, but is not limited to, vehicles, tires, vehicle parts, equipment,
paper, rags, metal, glass, building materials, household appliances,
brush, wood and lumber.
Any place at which personal property is or may be salvaged
for reuse, resale or reduction or similar disposition and is owned,
possessed, collected, accumulated, dismantled or sorted, including
but not limited to used or salvaged or new scrapped base metal or
metals, their compounds or combinations, used or salvaged rope, bags,
paper, rags, glass, rubber, lumber, millwork, brick and similar property,
except animal matter, and used motor vehicles, machinery or equipment
which is used, owned or possessed for the purpose of wrecking or salvaging
parts therefrom.
Any facility where dogs or cats are kept for 24 hours or
more for boarding, training, or similar purposes for compensation,
except that "kennel" does not include any of the following:
Domestic animals traditionally used in Wisconsin in the production
of food, fiber or other animal products, and includes cattle, swine,
poultry, sheep and goats. The term "livestock" does not include equine
animals, bison, farm-raised deer, fish, captive game birds, ratites,
camelids or mink.
A feedlot, dairy farm or other operation where livestock
are or will be fed, confined, maintained or stabled for a total of
45 days or more in any twelve-month period. "Livestock facility" includes
all of the tax parcels of land on which the facility is located, but
does not include a pasture or winter grazing area. Related livestock
facilities are collectively treated as a single livestock facility
for purposes of this chapter, except that an operator may elect to
treat a separate species facility as a separate livestock facility.
A building or other structure used to house or feed livestock,
to confine livestock for milking, to confine livestock for feeding
other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility. "Livestock structure" includes
a barn, milking parlor, feed storage facility, feeding facility, animal
lot or waste storage structure. "Livestock structure" does not include
a pasture or winter grazing area, a fence surrounding a pasture or
winter grazing area, a livestock watering or feeding facility in a
pasture or winter grazing area, or a machine shed or like facility
that is not used for livestock.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
A building where lodging only is provided for compensation
for not more than three persons not members of the family.
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 and other open space provisions
of this chapter as pertaining to the district wherein located.
The area of contiguous land bounded by lot lines, exclusive
of land designated for public thoroughfares.
The area of a lot occupied by the principal building or buildings
and accessory buildings, including any driveways, parking areas, loading
areas, storage areas and walkways.
The area of a lot occupied by the principal building or buildings
and accessory building.
The shortest horizontal distance between the front lot line
and the rear lot line measured at a ninety-degree angle from the road
right-of-way.
Legally established lines dividing one lot, plot of land
or parcel of land from an adjoining lot or plot of land or parcel
of land as defined herein.
A line separating the lot from the street or approved private
road.
A lot line which is opposite and most distant from the front
lot line and, in the case of an irregular- or triangular-shaped lot,
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
Any lot boundary line not a front lot line or a rear lot
line.
A lot which has been recorded in the office of the Register
of Deeds prior to the effective date of this chapter.
The horizontal distance between the side lot lines at the
building setback line.
A lot situated at the intersection of two streets.
A lot with frontage on only one street.
A corner lot, the street side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
A parcel of land held in separate ownership having frontage
on a public street, or other officially approved access, occupied
or intended to be occupied by a principal building or structure together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot area, yard, off-street parking area, or other open
space provisions of this chapter.
A lot having a pair of opposite lot lines along two or more
parallel public streets and which is not a corner lot. On a through
lot both street lines shall be deemed front lot lines.
Shops where lathes, presses, grinders, shapers, and other
wood- and metal-working machines are used, such as blacksmith, tinsmith,
welding, and sheet metal shops and plumbing, heating and electrical
repair and overhaul shops.
A dwelling structure or component thereof as is defined in
Ch. SPS 320, Wis. Adm. Code, bearing insignia certifying that it has
been inspected and found to be in compliance with Subchapter V of
said chapter.
A dwelling structure or component thereof fabricated in an
off-site manufacturing facility for installation at the building site
and certified and labeled as a manufactured home under 42 U.S.C. §§ 5401
to 5426, which, when placed on the site:
Is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., and Ch. SPS 321, Subchapters III, IV and V, Wis. Adm.
Code, or is set on a comparable enclosed continuous foundation system
approved by the Building Inspector, who may require a plan for such
foundation to be certified by a registered architect or engineer to
ensure proper support for such structure;
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities;
Has an area of at least 800 square feet of living space, with
a minimum of 24 square feet in width in its smallest horizontal dimension,
exclusive of attached garage, carport or open deck, and is used exclusively
as a single-family residence; and
Meets other applicable standards of this chapter.
A structure or earthen pond located outside of a barn or
shelter and used for containment of manure and other wastes from livestock
and poultry.
A roof-like structure of a permanent nature which projects
from the wall of a building.
A structure where self-contained sections thereof are rented
for storage purposes, typically serving residential and small business
clients.
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors and
walls and fences under four feet in height.
A manufactured home that is certified by the Department of
Housing and Urban Development (HUD) and labeled under the National
Mobile Home Construction and Safety Standards Act of 1974. A mobile
home is a transportable structure, being eight feet or more in width
(not including the overhang of the roof), built on a chassis and designed
to be used as a dwelling with or without permanent foundation when
connected to the required utilities.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel of land which has been developed for the placement
of mobile homes and is owned by an individual, firm, trust, partnership,
public or private association, or corporation, and where individual
lots are rented to individual mobile home users.
Any lot on which two or more mobile homes are parked for the
purpose of permanent habitation and including any associated service,
storage, recreation and other community service facilities designed
for the exclusive use of park occupants.
A land subdivision, as defined by Ch. 236, Wis. Stats., and Chapter 582, Subdivision of Land, of this Code, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
A prefabricated, detached single- or double-family dwelling
unit designed for long-term occupancy and containing sleeping accommodations,
a flush toilet, a tub or shower bath and kitchen facilities with plumbing
and electrical connections provided for attachment to outside systems,
which is or was designed to be transported and mounted on a permanent
foundation.
A building containing lodging rooms having adjoining individual
bathrooms, and where each lodging has a doorway opening directly to
the outdoors, and more than 50% of the lodging rooms are for rent
to transient tourists for a continuous period of less than 30 days.
A building or area in which freight brought by motor truck
is assembled and/or stored for routing in intrastate and interstate
shipment by motor truck.
Has the meaning in § 30.01(4m), Wis. Stats.
A livestock facility that will be used as a livestock facility
for the first time, or for the first time in at least five years.
"New livestock facility" does not include an expanded livestock facility
if any portion of that facility has been used as a livestock facility
in the preceding five years.
A lot of record existing on the date of passage of this chapter
which does not have the minimum width or contain the minimum area
for the zone in which it is located.
A dwelling or other building that existed lawfully before
the current zoning ordinance was enacted or amended, but that does
not conform to one or more of the development regulations in the current
zoning ordinance. [See § 62.23(7)(hb)1b, Wis. Stats.]
A use of land, a dwelling, or a building that existed lawfully
before the current zoning ordinance was enacted or amended, but that
does not conform to the use restrictions in the current ordinance.
[See § 62.23(7)(ab), Wis. Stats.]
Operations or activities for the extraction from the earth
for the sale or use by the operator of mineral aggregates or nonmetallic
minerals such as stone, sand, gravel, asbestos, beryl, clay, feldspar,
peat, talc, and topsoil, including operations or activities such as
excavation, grading, and dredging.
An injurious effect on the safety, health, or morals of the
public, or use of property which works some substantial annoyance,
inconvenience, or injury to the public and which causes hurt, inconvenience
or damage.
Any building or lot, or portion thereof, used for the cultivation
or growing of plants and including all accessory buildings.
Any building used routinely for the daytime care and education
of preschool-age children and including all accessory buildings and
play areas other than the child's own home or the homes of relatives
or guardians.
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
A person who applies for or holds a local approval for a
livestock facility.
Any work done on a nonconforming structure that does not
constitute expansion, structural alteration or reconstruction and
does not involve the replacement, alteration or improvement of any
portion of the structure's foundation.
A private road or easement extending from a private property
to a component of the public street system which the Village Board
has approved as a primary means of access.
A lot remnant or parcel of land within a plat remaining after
platting, which is intended for open space use, for which no development
is intended other than that which is accessory to the open space use.
An outlot may not be developed for any use or structure that requires
a private, on-site wastewater treatment system.
An open area other than a street, alley or place used for
temporary parking of more than four self-propelled vehicles and available
for public use, whether free, for compensation, or as an accommodation
for clients or customers.
A structure or premises containing five or more parking spaces
open to the public.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
A wall containing no opening which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above, and which separates contiguous buildings but is in
joint use for each building.
An individual, corporation, partnership, cooperative, limited
liability company, trust or other legal entity.
Places where people gather or congregate for amusement, worship,
learning, etc. This includes schools, churches, theaters, playgrounds,
etc.
A large lot or tract of land containing two or more principal
buildings or uses developed as a unit where such buildings or uses
may be located in relation to each other rather than to a lot line
or zoning district boundaries.
To add animal units for which a permit or other local approval
is required.
A building walkway with a roof over it, providing access
to a building entrance.
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same lot
as the structure. This term includes alternative sewage systems, substitutes
for the septic tank or soil absorption field, a holding tank, a system
serving more than one structure or a system located on a different
parcel than the structure.
A system supplying water for human consumption with a well
and pump serving a single structure located on the same lot as the
structure. This term includes alternative water supply systems, substitutes
for the well or pump, a system serving more than one structure or
a system located on a different parcel than the structure.
As defined in § 595-58.
A line that separates parcels of land owned by different
persons.
A person qualified under § ATCP 50.48, Wis. Adm.
Code.
The removal of mineral aggregates, topsoil or other natural
materials from the earth by excavating, stripping or any other mining
process.
A facility or track operated where vehicles of any type competitively
race, whether for compensation or not.
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
See "yard, rear."
Allowing a disabled person to deviate from the strict requirements
of the Village's zoning ordinances if an accommodation is necessary
and reasonable in order not to unlawfully discriminate against the
disabled person and to allow him or her equal housing opportunity.
Any vehicle or structure designed and used for temporary, seasonal
human living quarters which meets all of the following qualifications:
Is not used as the permanent residence of the owner or occupant.
Is used for temporary living quarters by the owner or occupant
while engaged in recreation or vacation activities.
Is towed or self-propelled on public streets or highways incidental
to such recreation or vacation activities.
Examples of such vehicles include van campers, tent camping
trailers, self-contained travel trailers, pickup campers, camping
buses, and self-contained, self-propelled truck-chassis-mounted vehicles
providing living accommodations. Manufactured or mobile homes that
are towed or carried onto a parcel of land but do not remain capable
of being towed or carried, including park model homes, do not fall
within the definition of "recreational vehicle." The term "recreational
vehicle" does not include a temporarily placed manufactured or mobile
home.
A park, court, campsite, lot, parcel or tract of land designed,
maintained or intended for the purpose of supplying the location or
accommodations for any recreational vehicles as defined herein, and
upon which said recreational vehicles are parked.
A facility designed to be a collection point where only recyclable
materials are sorted and temporarily stored prior to shipment to others
who will use those materials for reuse and/or processing into new
products. This shall not include junkyards.
Livestock facilities that are owned or managed by the same
person and related to each other in at least one of the following
ways:
They are located on the same tax parcel or adjacent tax parcels
of land. (Note: A mere acquisition of a neighboring livestock facility
does not constitute an expansion unless more animal units are added
to the combined facilities.)
They use one or more of the same livestock structures to collect
or store manure.
At least a portion of their manure is applied to the same landscaping
acreage.
A business establishment consisting of a kitchen and dining
room, whose primary purpose is to prepare and serve food to be eaten
by customers seated in the dining room.
A business establishment consisting of a kitchen, with or
without a dining room, where food is prepared and packaged to be eaten
either off the premises or within automobiles parked on the premises.
The sale of goods or merchandise in small quantities to the
consumer.
A building or part of a building no more than 500 square
feet used for the retail sale of agricultural and related incidental
products, excluding livestock, produced on the farm where the stand
is located. There shall be no more than one such stand on any one
premises.
A land disposal facility where solid waste is disposed on
land by utilizing the principles of engineering to confine the solid
waste to the smallest practical area, to reduce it to its smallest
practical volume, and to cover it with a layer of earth or other approved
material as required.
A school limited to special instruction such as business,
art, music trades, handicraft, dancing or riding.
An elementary or intermediate school other than a parochial
school giving regular instruction capable of meeting the requirements
of state compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds, but not including a school for the mentally
disabled or a college or other institution of higher learning.
Furniture upon which to sit having a linear measurement not
less than 24 inches across the surface used for sitting.
A livestock facility that meets all of the following criteria:
It has no more than 500 animal units.
Its livestock housing and manure storage structures, if any,
are separate from the livestock housing and manure storage structures
used by livestock facilities to which it is related.
It meets one of the following criteria:
Its livestock housing and manure storage structures, if any,
are located at least 750 feet from the nearest livestock housing or
manure storage structure used by a livestock facility to which it
is related.
It and the other livestock facilities to which it is related
have a combined total of fewer than 1,000 animal units.
The minimum horizontal distance between the front lot line
and the nearest point of the foundation of that portion of the building
to be enclosed. The overhang cornices shall not exceed 24 inches.
Any overhang of the cornice in excess of 24 inches shall be compensated
by increasing the setback by an amount equal to the excess of cornice
over 24 inches. Uncovered steps shall not be included in measuring
the setback.
As defined in § 595-76.
Includes but is not limited to a drawing to scale of not
less than one inch equals 50 feet showing all physical aspects such
as buildings, setback dimensions, sidewalks, driveways, playgrounds,
parking, and so forth which pertain to the proposed development and
its relation to the surrounding area in conformance with the zoning
of the area in which the development will exist.
A business or other use in which 10% or more of the gross public floor area is devoted to, or 10% or more of the stock in trade consists of, any of the following: cigarettes, tobacco products, tetrahydrocannabinols, synthetic cannabinoids, products used for smoking, such as a hookah, pipe, bong, or other smoking equipment, electronic delivery devices as defined in § 407-29 of the Village Code, or any other product for use in or ingestion through electronic delivery devices or smoking equipment, which includes but is not limited to propylene glycol, glycerin, nicotine, or flavorings.
[Added 7-10-2023 by Ord. No. 2023-02]
A building or land where horses are kept for remuneration,
hire, sale, boarding, riding or show.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade shall
be deemed a story for purposes of height regulation.
That portion of a building under a gable, hip or mansard
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than 4 1/2 feet above the finished floor
of such story. In the case of single-family dwellings, two-family
dwellings and multiple-family dwellings less than three stories in
height, a half story in a sloping roof shall not be counted as a story
for the purposes of this chapter.
A public or private thoroughfare which affords the principal
means of access to abutting property.
See "yard, street."
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Any part of the framework of a building or other structure.
The structural components of a building's exterior walls include the
vertical studs, top and bottom plates, and window and door sills and
headers. A structural component may be nonloadbearing, such as the
framework of a wall at the gable end of a one-story house. Wall coverings,
such as siding on the exterior and dry wall on the interior, are not
included in the definition of "structural component."
A retaining wall or other man-made structure whose primary
function is to control erosion.
Any man-made object with form, shape and utility that is
constructed or otherwise erected, attached to or permanently or temporarily
placed, either upon the ground, a riverbed, streambed or lake bed
or upon another structure. "Structure" includes swimming pools, hot
tubs, patios, decks and retaining walls, but does not include landscaping
or earthwork such as graded areas, filled areas, ditches, berms or
earthen terraces. "Structure" does not include small objects that
are easily moved by hand, such as lawn chairs, portable grills, portable
picnic tables, bird feeders, birdhouses and birdbaths.
A movable structure not designed for human occupancy or for
the protection of goods or chattels and not forming an enclosure,
such as billboards.
Any structure, building, enclosure, canopy, or tent top,
with or without full sidewalls, temporary or permanent, primarily
constructed of a frame of any material covered by a fabric of natural
or synthetic material, whether opaque, translucent, or transparent,
but does not include:
Family or individual camping tents used by the resident of the
lot and the resident's nonpaying guests for camping activities.
Party tents or canopies erected for a party or event.
Screen tents or picnic canopies of the type usually used to
shelter a family picnic table or outdoor furniture.
A tract or parcel of land on which one or more automobile
trailers, tents or camp cabins are located, open to the public free
or for a fee.
Electric power lines, telephone and telegraph lines, communication
towers, cables, sewage lift stations, sewer and water pipes, and other
pipes, conduits and accessory structures that are used to transport
power, convey information or transport material between two points,
other than wireless communication service facilities.
The purpose or activity for which the land or building thereon
is designed, arranged or intended, or for which it is occupied or
maintained.
A subordinate building or use which is located on the same
lot on which the principal building or use is situated and which is
reasonably necessary and incidental to the conduct of the primary
use of such building or main use, when permitted by district regulations.
A use which may be lawfully established in a particular district
or districts, provided that it conforms to all requirements, regulations
and performance standards, if any, of such districts.
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An accessory building used for storage of gardening or home-related
supplies of limited size not exceeding 10 feet by 14 feet and no greater
than nine feet in height.
A room or area in the home used for the mechanicals of the
home (furnace, water heater and water softener).
A small commercial, manufacturing or service operation which
is accessory to an agricultural use. Examples of value-added agriculture
include, but are not limited to, small-scale food processing, handcrafting,
agriculture-related product packaging and marketing, and agricultural
tourism. These farm-based activities cannot exceed a certain size
and scale but may involve new structures. Additional permits and licenses
may be required to carry on these activities.
A relaxation of the terms of this chapter by the Zoning Board
of Appeals where the literal enforcement of this chapter would deny
to the property owner a use of his/her property enjoyed as a right
by other property owners within the same zoning district.
Every device in, upon or by which any person or property
is or may be transported.
A retail business device, electrically or manually operated,
used by the general public to obtain dairy products, cigarettes, foodstuffs
or other merchandise without entering a public shop, store, market
or other such building.
An unoccupied triangular space at the intersection of highways
or streets with other highways or streets or at the intersection of
highways or streets with railroads. Such vision clearance triangle
shall be bounded by the intersecting highway, street or railroad right-of-way
lines and a setback line connecting points located on such right-of-way
lines by measurement from this intersection as specified in this chapter.[1]
A structure designed to resist the lateral displacement of
soil or other materials.
Manure, milking center waste, and other organic waste generated
by a livestock facility.
One or more waste storage structures, and includes stationary
equipment and piping used to load or unload a waste storage structure
if the equipment is specifically designed for that purpose and is
an integral part of the facility. "Waste storage facility" does not
include equipment used to apply waste to land.
A waste storage impoundment made by constructing embankments,
excavating a pit or dugout, or fabricating a structure. "Waste storage
structure" does not include equipment used to apply waste to land.
Pursuant to the purposes of §§ ATCP 51.12(2) and ATCP
51.14, Wis. Adm. Code, "waste storage structure" does not include
any of the following:
Cropland or pasture where livestock feed on dormant vegetation
or crop residue, with or without supplementary feed, during the period
October 1 to April 30. "Winter grazing area" does not include any
of the following:
An area, other than a pasture, where livestock are kept during
the period from May 1 to September 30.
An area which at any time has an average of more than four livestock
animal units per acre.
An area from which livestock have unrestricted access to navigable
waters of the state, such that the livestock access prevents adequate
vegetative cover on banks adjoining the water.
An area in which manure deposited by livestock causes nutrient
levels to exceed the standards in § ATCP 51.16, Wis. Adm.
Code.
A Wisconsin pollutant discharge elimination permit issued
by the Wisconsin Department of Natural Resources under Ch. NR 243,
Wis. Adm. Code.
An open space on the same lot with a building, unobstructed
by structures except as otherwise provided herein.
A yard extending the full width of the lot between the front
lot line and the nearest part of the principal building, excluding
uncovered steps. On corner lots, the front yard shall be considered
as parallel to the street upon which the lot has its least dimensions.
A yard extending the full width of the lot between the rear
lot line and the nearest part of the principal building.
A yard on each side of the principal building extending from
the building to the lot line and from the front yard line to the rear
yard line.
Yard abutting a street.
That yard which must be provided on a zoning lot in a business
district which adjoins a zoning lot in a residential district, or
that yard which must be provided on a zoning lot in an industrial
district which adjoins a zoning lot in either a residential or business
district.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A permit issued by the Zoning Administrator to certify that
the lands, structures, air and waters subject to this chapter are
or shall be used in accordance with the provisions of this chapter.
