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.
As used in this chapter, the following terms shall have the
meanings indicated:
Have a common property line or district line.[1]
A use or detached structure subordinate to the principal
use of a structure, parcel of land or water and located on the same
lot or parcel serving a purpose incidental to the principal use or
the principal structure.
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.
A public way not more than 21 feet wide which affords only
a secondary means of access to abutting property.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
A public street or highway used or intended to 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.
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-around
living accommodations. Space partly below grade which is designed
and finished as habitable space is not defined as basement space.
A tract of land bounded by streets or by a combination of
streets and public parks or other recognized lines of demarcation.
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for three or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
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.
A line parallel to the lot line at a distance parallel to
it, regulated by the yard requirements set up in chapter.
A building surrounded by open space on the same lot.
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 roof, to the
deck line 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 is conducted.
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.[2]
The following facilities licensed or operated or permitted
under the authority of the Wisconsin State Statutes: Child welfare
agencies under § 48.60, group foster homes for children
under § 48.02(6) 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 State Statutes, including
§§ 46.03(22), 62.23(7)(i) and 62.23(7)(i)(2), and amendments
thereto, and also the Wisconsin Administrative Code.
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide, prepared
by the USDA Natural Resources Conservation Service for Green County,
adopted by the County Soil and Water 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 needs in developing his soil
and water conservation plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
On corner lots, the setback shall be measured from the street
line on which the lot fronts. The setback from the side street shall
be equal to 75% of the setback required on residences fronting on
the side street, but the side yard setback shall in no case restrict
the buildable width to less than 30 feet. Said corner lots shall be
consisting of a parcel of property abutting on two or more streets
at their intersection providing that the interior angle of such intersection
is less than 135°.
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 deposition of materials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 building designed or used exclusively as a residence or
sleeping place, but does not include boarding or lodging houses, motels,
hotels, tents, cabins or mobile homes.
A group of rooms constituting all or part of a dwelling,
which are arranged, designed, used or intended for use exclusively
as living quarters for one family.
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.
A single building having two dwelling units with the dwellings
adjoining a common property line.[3]
[Added 6-15-2011 by Ord.
No. 2011-0615A]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
One or more persons living together in a single dwelling unit
as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
This definition is not intended to prohibit group homes or community
living arrangements that are determined to be protected by the Federal
Fair Housing Law, provided that such facilities are licensed and permitted
under the authority of the State Department of Health Services or
the State Department of Children and Families or other state department
or agency.
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 steam channel or lake bed. See Chapter 362, Floodplain Zoning, § 362-44, for definitions of flood-related terms applicable to this chapter.[4]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Business and Manufacturing Buildings. 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 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, or the purposes of determining off-street
parking spaces, shall not include floor area devoted primarily to
storage purposes except as otherwise noted herein.
The primary domicile of a foster parent with four or fewer
foster children and which is licensed under § 48.62 of the
Wisconsin State Statutes and amendments thereto.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two street yards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All the property butting 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.
A detached accessory building or portion of the principal
building, designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
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 facility operated by a person required to be licensed
by the State of Wisconsin under State Statute § 48.62 for
the care and maintenance of five to eight foster children.
Any business or profession carried on only by a member of
the immediate family residing on the premises, carried on wholly within
the principal building or accessory building thereto, in connection
with which there are no signs or exterior display or storage other
than a sign permitted by this chapter, and no activity that will indicate
from the exterior that the building(s) is being used in whole or in
part for any purpose other than that of a dwelling. The use is to
be clearly incidental to the use of the dwelling unit for residential
purposes and shall not endanger the public health or safety. No articles
shall be sold or offered for sale on the premises except such as is
produced by the occupation on the premises, and no mechanical or electrical
equipment shall be installed or maintained other than such as is customarily
incidental to domestic use. Persons operating a home occupation shall
employ no more than one nonresident employee. No business such as
a shop, store or child nursery shall be conducted upon the premises.
No material or equipment shall be stored outside the confines of the
home. No mechanical equipment may be used which creates a disturbance
such as noise, dust, odor or electrical disturbance. The home may
not be altered to attract business. No motors shall be utilized which
exceed one horse power each and not exceeding five horsepower in total,
such activity being deemed a public nuisance. Repairing of motor bicycles,
motorcycles and motor driven cycles, other than those licensed and
owned by the occupants of a home in a residential area is strictly
prohibited. For the purpose of this Subsection, the definitions of
the above-mentioned vehicles shall be as set forth in Chapter 340
of the Vehicle Code of the Wisconsin State Statutes. Such repairing
is deemed a public nuisance. It is immaterial for the purpose of this
Subsection whether or not such repairing is done in return for remuneration.
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 complete 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 chapter as pertaining to the district wherein the lot is located.
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.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
The horizontal distance between the side lot lines measured
at the building setback line.[5]
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A parcel of land held in separate ownership having frontage
on a public street, or other approved means of 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 areas or other open
space provisions of chapter as pertaining to the district wherein
located.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
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 HUD certified 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, a firm, trust, partnership,
public or private association, or corporation. Individual lots within
a mobile home park are rented to individual mobile home users.
A land subdivision, as defined by Chapter 236 of the Wisconsin
Statutes and any Village Land Division Ordinance, 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 modular unit is a factory fabricated transportable building
unit designed to be used by itself or to be incorporated with similar
units at a building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
Any structure, use of land, use of land and structure in
combination or characteristic of use (such as yard requirement or
lot size) which was existing at the time of the effective date of
chapter or amendments thereto and which is not in conformance with
chapter. Any such structure conforming in respect to use but not in
respect to frontage, width, height, area, yard, parking, loading or
distance requirements shall not be considered a nonconforming use,
but shall be considered nonconforming with respect to those characteristics.[6]
A structure or premises containing five or more parking spaces
open to the public.
A graded and surfaced area of not less than 180 square feet
in area, either enclosed or open, for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners
within 100 feet, and all property owners of opposite frontages.
The office of a doctor, practitioner, dentist, minister,
architect, landscape architect, engineer, lawyer, author, musician
or other recognized trade. When established in a residential district,
a professional office shall be incidental to the residential occupation,
not more than 25% of the floor area of one story of a dwelling unit
shall be occupied by such office and only one unlighted nameplate,
not exceeding one square foot in area, containing the name and profession
of the occupant of the premises shall be exhibited.
Any airport which complies with the definition contained
in § 114.002(7), Wisconsin Statutes, or any airport which
serves or offers to serve common carriers engaged in air transport.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the street yard
or one of the street yards on a corner lot.[7]
The sale of goods or merchandise in small quantities to the
consumer.
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.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
As defined in Article VIII, Signs and Billboards, in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 or 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 one-family dwellings, two-family dwellings
and multifamily dwellings less than three stories in height, a 1/2
story in a sloping roof shall not be counted as a story for the purposes
of chapter.
Property other than an alley or private thoroughfare or travelway
which is subject to public easement or right-of-way for use as a thoroughfare
and which is 21 feet or more in width.
[8]Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attached to something having
a permanent location on the ground.
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure,
such as billboards.
The purpose or activity for which the land or building thereof
is designed, arranged or intended, or for which it is occupied or
maintained.[9]
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 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 unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except the vegetation. The
street and rear yards extend the full width of the lot.[10]
A permit issued by the Zoning Administrator to certify that
the use of lands, structures, air and waters subject to this chapter
are or shall be used in accordance with the provisions of said chapter.
[4]
Editor's Note: The following definitions in original Sec. 13-1-200(a) of the 1989 Code of Ordinances, which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): (38) flood insurance study, (39) flood profile, (40) flood protection elevation, (41) flood stage, (42) floodlands, (43) floodplain fringe, (44) flood-proofing and (45) floodway.
[8]
Editor's Note: The term "street yard," which immediately followed
this definition, was revised to refer to "front yard" with the 2019
codification. See now the definition of "front yard."
