As used herein, the following words and phrases shall have the
following meanings.
ACCESSORY BUILDING OR USE
An accessory building or use is one which:
A.
Is customary and clearly incidental to the principal building
or principal use;
B.
Serves exclusively the principal building or principal use;
C.
Is subordinate in area, extent or purpose to the principal building
or principal use served;
D.
Contributes to the comfort, convenience or necessity of occupants
or the principal building or principal use served;
E.
Is located on the same zoning lot as the principal building
or principal use served, with the single exception of such accessory
off-street parking facilities as are permitted to locate elsewhere
than on the same zoning lot as the building or use served.
F.
An accessory building or use includes, but is not limited to,
the following. No accessory building or structure shall be constructed
on any lot prior to the time of construction of the principal building
to which it is accessory.
[Amended 2-23-2009]
(1)
A children's playhouse, garden house, private greenhouse or
patio;
(2)
A garage, carport, shed or building of storage incidental to
a permitted use;
(3)
Incinerators incidental to a permitted use;
(4)
Storage of goods used in or produced by permitted manufacturing
activities on the same zoning lot with such activities, unless such
storage is excluded by the district regulations;
(5)
The production, processing, cleaning, servicing, testing, repair
or storage of merchandise normally incidental to a permitted retail
service or business use if conducted by the same ownership as the
principal use;
(6)
Off-street motor vehicle parking areas and loading facilities;
(7)
Signs, as permitted and regulated in each district incorporated
in this chapter.
(8)
Dwellings over or behind other permitted uses in B1 and B2 Districts;
and
(9)
Home businesses, as defined and permitted in this chapter.
G.
Hoop houses. A "hoop house" is a temporary membrane structure used exclusively for the production or storage of live plants and shall be exempt from the permit requirements of this chapter and Chapter
242, Building Construction, if it meets the following criteria:
[Added 9-10-2012]
(1)
There is no permanent anchoring system or foundation.
(2)
All membrane structures shall not exceed 400 square feet.
(3)
The structure is located in the rear or side yards and is no
closer than five feet from all property lines.
(4)
Shall not exceed duration of 120 days in a calendar year.
(5)
Shall not exceed 15 feet in height.
H.
Portable membrane structures, such as those used for carports or storage, shall be exempt from the permit requirements of this chapter and Chapter
242, Building Construction, if they meet the following criteria:
[Added 10-26-2015 by Ord.
No. 1817-15]
(1)
Shall be temporarily and securely anchored to the ground to
prevent uplift.
(2)
Shall not exceed 15 feet in height.
(3)
Shall not exceed 240 square feet and one per parcel.
(4)
Shall meet zoning district setbacks.
(5)
Shall be kept in good repair.
I.
Storage containers. Storage containers, such as those used to
ship cargo, are permitted for temporary uses up to six months in a
calendar year or associated with construction/remodeling projects.
Containers on the street shall have reflective tape or paint of at
least 36 square inches in an area on each side of each corner of the
container. Containers shall not be left on the street within 15 feet
of an intersection or within four feet of a driveway. Containers shall
not be left on the street for more than 30 consecutive days.
[Added 3-25-2019 by Ord.
No. 1884-19]
AIRPORT
Any area of land that is used or intended for the landing
and takeoff of aircraft and any appurtenant areas which are used or
intended for use for airport buildings or other airport facilities
or hangars and other related building and open spaces.
ALLEY
Any public space or thoroughfare which has been dedicated
or deeded to the public for public travel and which affords secondary
access to abutting property.
ALTERATION
As applied to a building or structure is a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location to another.
ANIMAL UNIT
A unit of measure used to determine the total number of single
animal types or combinations of animal types equivalent to one head
of cattle weighing over 800 pounds. The following table summarizes
the number of animals of varying types that are considered equivalent
to one head of cattle for purposes of this chapter.
Animal Type Category
|
Number Equivalent to One Animal Unit
|
---|
Cattle (above 800 lbs.)
|
1
|
Cattle (400 to 800 lbs.)
|
2
|
Calves (below 400 lbs.)
|
5
|
Horses
|
2
|
Sheep
|
10
|
Pigs (below 55 lbs.)
|
10
|
Pigs (above 55 lbs.)
|
2
|
Ducks
|
20
|
Animal Type Category
|
Number Equivalent to One Animal Unit
|
---|
Chickens
|
50
|
Turkeys
|
20
|
Alpaca
|
10
|
ANTENNA
Any structure intended for the receipt of VHF, UHF or other
high-frequency waves with a parabolic receiver width of less than
30 inches or that uses any other method for reception than that which
is typically used by satellite dishes.
APARTMENT HOUSE
A multifamily dwelling for three or more families, living
independently of each other, and doing their cooking within the premises.
AUTOMOBILE SERVICE STATION
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplies and dispensed
directly to the motor vehicle trade, at retail, and where minor repair
service is rendered.
BASEMENT
That portion of any structure located partly below the average
adjoining lot grade.
BED-AND-BREAKFAST ESTABLISHMENT
A building that provides four or fewer sleeping rooms for
temporary occupancy for compensation by transient guests who are traveling
for business or pleasure and is the owner's personal residence and
occupied by the owner at the time of rental. The partnership form
of ownership shall be allowed under this definition.
BOARD
The Zoning Board of Appeals.
BOARDINGHOUSE
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
BUILDING
A structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property used for residential, business,
mercantile, storage, commercial, industrial, institutional, assembly,
educational, or recreational purposes.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of flat roofs; to the mean height level between
the eaves and ridges of gable, gambrel, hip and pitch roofs; or to
the deckline of mansard roofs or as otherwise defined in this chapter.
[Amended 1-11-2016 by Ord. No. 1822-16]
BUILDING, DETACHED
A detached building is a building surrounded by open space
on the same lot as another building.
BUILDING, PRINCIPAL
A principal building is a nonaccessory building in which
is conducted the principal use of the lot on which it is located.
BUILDING, RESIDENTIAL
A residential building is a building which is arranged, designed,
used or intended to be used for residential occupancy by one or more
families or lodgers, and which includes, but is not limited to, the
following types:
A.
Single-family detached dwellings;
B.
Two-family detached dwellings;
C.
Multiple-family dwellings (including apartment hotels);
D.
Lodging houses.
For the purpose of this chapter, any building containing any
of the above uses together with other uses shall be considered a residential
building.
|
BULK
The term used to indicate the size and setbacks of buildings
or structures and the location of such buildings or structures with
respect to one another, and include the following:
A.
Size and height of buildings;
B.
Location of exterior walls at all levels in relation to lot
lines, streets or to other buildings;
C.
Gross floor area of buildings in relation to lot area (floor
area ratio);
D.
All open spaces allocated to buildings; and
E.
Amount of lot area provided per dwelling unit or lodging room.
BULKHEAD LINE
A geographic line along a reach of navigable stream that
has been adopted by a municipal ordinance and approved by the Department
of Natural Resources pursuant to § 30.11, Wis. Stats., and
which allows complete filling on the landward side, except where floodway
regulations of this chapter would prohibit such filling.
CAPACITY IN PERSONS
The maximum number of persons that can avail themselves of the services or goods of an establishment or use at any one time, as determined by the required floor space per persons as established in Chapter
242, Building Construction.
CHANNEL
A natural or artificial watercourse of perceptible extent
with definite bed and banks to confine and conduct continuously or
periodically flowing water. "Channel flow," thus, is that water which
is flowing within the limits of the defined channel.
COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. Collector surface
does not include frames, supports and mounting hardware.
COMPLEX
Two or more business occupancies on the same or adjoining
parcels that are owned and/or managed as a unit. For sign code purposes,
they are a single premise regardless of the existence of individual
parcels or businesses.
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination
as a principal use in a district. "Conditional uses" in this chapter
shall have the same meaning as special exceptions as used in § 62.23,
Wis. Stats.
CONFORMING BUILDING OR STRUCTURE
Any building or structure which:
A.
Complies with all the regulations of this chapter or any amendment
thereto governing the bulk of the zoning district in which such building
or structure is located; or
B.
Is designed or intended for a conforming use.
CONVALESCENT HOME and NURSING HOME
A convalescent home or a nursing home is a home for the aged,
infirm, chronically ill or incurably ill in which five or more persons
not of the immediate family are received, kept or provided with food
and shelter or care for compensation, but not including hospitals,
clinics or similar institutions devoted primarily to the diagnosis
and treatment of disease or injury, maternity cases or mental illness.
CORNER LOT
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.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such buildings.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, construction of or additions or substantial
improvements to buildings or structures and the mining, dredging,
filling, grading, paving, excavation or deposition of materials.
DRIVE-IN ESTABLISHMENT
An establishment that accommodates the patrons' motor vehicles,
from which the occupants may obtain or receive a service or obtain
a product that may be used or consumed in the vehicle on the same
premises. However, any restaurant or food establishment at which facilities
are provided for patrons to consume the products therefrom in motor
vehicle while on the premises or any such establishment which permits
patrons to consume the products therefrom in motor vehicles while
on the premises shall be considered a drive-in establishment.
DWELLING or DWELLING UNIT
One or more rooms for occupancy by one family that includes
facilities for residential living, cooking, sanitation and sleeping,
but does not include boardinghouses or lodging houses, motels, hotels,
tents, cabins, or mobile homes.
[Amended 5-11-2009]
ENTRANCE, MAIN
The entrance which faces the front lot or is closest to the
front lot line and which entrance provides direct access to the principal
use.
ESSENTIAL SERVICE
The erection, construction, alteration, or maintenance by
public utilities or municipal departments or commissions of underground
or overhead gas, electrical, steam, or water transmission or distribution
systems, collection, communication, supply or disposal systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants, and other
similar equipment and accessories in connection therewith, but not
including buildings reasonably necessary for the furnishing of adequate
service by such public utilities or municipal departments or commissions
or for the public health or safety or general welfare.
FAMILY
Any number of persons related by blood, adoption, or marriage,
or not to exceed four persons not so related, living together in one
dwelling as a single housekeeping entity.
FENCE
A structure providing enclosure or serving as a barrier,
but not protecting against the elements (as distinguished from "building").
FLOOR AREA (FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS)
When prescribed as the basis of measurement for off-street
parking spaces and loading berths for any use, shall mean the sum
of the areas of the several floors of the buildings devoted to such
use, including accessory storage areas located with selling or working
space, such as 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.
FLOOR AREA RATIO (FAR)
The floor area of the building or buildings on the zoning
lot divided by the area of such zoning lot. The floor area ratio requirements,
as set forth under each zoning district, shall determine the maximum
floor area allowable for the building or buildings (total floor area
of both principal and accessory buildings) in direct ratio to the
area of the zoning lot.
FRONTAGE
The smallest dimensions of a lot abutting a public street
measured along the street line.
FRONT YARD
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two such yards.
GARAGE, PRIVATE
A building or part thereof accessory to a main building and
providing for the storage of automobiles and in which no occupation
or business for profit is carried on.
GARAGE, PUBLIC OR STORAGE
A building or part thereof, other than a private garage,
for the storage of motor vehicles and in which service-station activities
may be carried on.
HOTEL
A series of attached, semi-attached, or detached sleeping
units for the accommodation of transient guests.
IMPERMISSIBLE INTERFERENCE
The blockage of solar energy to a collector surface or proposed collector surface for which a permit has been granted under this chapter, during a collector use period, and such blockage is by any structure or vegetation on property, an owner of which was notified under §
690-59C. "Impermissible interference" does not include:
A.
Blockage by a narrow protrusion, including but not limited to
a pole or wire, which does not substantially interfere with absorption
of solar energy by a solar collector.
B.
Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under §
690-59C.
C.
Blockage by any vegetation planted before the date the last notice is mailed or delivered under §
690-59C.
JUNK
Any worn-out, cast-off, or discarded article or material
that is ready for destruction or has been collected or stored for
salvage or conversion to some use. Any article or material which,
unaltered or unchanged and without further reconditioning, can be
used for its original purpose as readily as when new shall not be
considered junk.
JUNKYARD
The use of more than 500 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
that half of any lot that joins any street, for the storage, keeping
or abandonment of junk.
LIVING ROOMS
All rooms within a dwelling except closets, foyers, storage
areas, utility rooms, and bathrooms.
LOADING AREA
A complete off-street space or berth of the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
LOT
A parcel of land having frontage on a public street, 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.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
LOT WIDTH
The measurement of the perpendicular distance between the
side lot lines. On an irregular, pie-, or flag-shaped lot, minimum
lot width is met when more than 50% of the lot's length has the required
minimum width or meets the average of the lengths of the combined
front and rear lot lines.
[Amended 2-23-2009]
LOT, CORNER
A lot abutting on two or more streets at their intersection,
provided that the intersection angle of such intersection is less
than 135°.
MOBILE HOMES
Any structure originally designed to be capable of transportation
by any motor vehicle upon a public highway which is intended for occupancy
as a year-round residence and which does not require substantial on-site
fabrication.
NONCONFORMING USES OR STRUCTURES
Any structure, land, or water lawfully used, occupied, or
erected at the time of the effective date of this chapter or amendments
thereto which does not conform to the regulations of this chapter
or amendments thereto. Any such structure conforming in respect to
use but not in respect to frontage, width, height, area, yard, parking,
loading, or distance requirements shall be considered a nonconforming
structure and not a nonconforming use.
OUTLOT
A parcel of land, other than a lot or block, so designated
on the plat or survey. Outlots shall be created to correct previous
survey/plat errors or when a nonbuildable parcel is intended and approved
through a development agreement.
[Amended 5-14-2018 by Ord. No. 1870-18]
PARKING LOT
A structure or premises containing five or more parking spaces.
PARKING SPACE
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.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners
within 150 feet, and all property owners of opposite frontages.
PLANNED RESIDENTIAL DEVELOPMENT: DWELLING
A parcel or tract of land having an area as required in the
district regulations under common management, single ownership, and
which is the site for two or more principal residential buildings
and where regulations governing yard requirements as required by district
regulations may be modified as regulated in this chapter. The issuance
of a permit for a planned residential development dwelling shall require
approval as provided in this chapter.
PLANNED RESIDENTIAL DEVELOPMENT: MOBILE HOME PARK
A parcel or tract of land having an area as required in the
district regulations under common management, single ownership, and
which is the site for mobile homes and where yard requirements as
required by district regulations may be modified as regulated in this
chapter. This issuance of a permit for a planned residential development
dwelling shall require approval as provided in this chapter.
PUBLIC WAY
Any sidewalk, street, alley, highway or other public thoroughfare.
REAR YARD
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 front yard
or one of the front yards on a corner lot.
RESTAURANT
Any building, room or place wherein meals or lunches are
prepared or served or sold to transients or the general public, and
all places used in connection therewith. "Meals or lunches" shall
not include soft drinks, ice cream, milk, milk drinks, ices and confections.
The serving in taverns of free lunches consisting of popcorn, cheese,
crackers, pretzels, cold sausage, cured fish or bread and butter shall
not constitute such taverns to be restaurants. The term "restaurant"
does not apply to churches, religious, fraternal, youth's or patriotic
organizations, service clubs and civic or union organizations which
occasionally prepare or serve or sell meals or lunches to transients
or the general public, nor shall it include any public or private
school lunchroom or private individual selling foods from a movable
or temporary stand at public farm sales.
SATELLITE DISH
Any structure intended for the receipt of VHF, UHF or other
high-frequency waves with a parabolic receiving area in excess of
30 inches.
SEXUALLY ORIENTED ADULT BUSINESS
As defined in §
176-3 of the Code of Ordinances, and includes adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, adult viewing facility, nude model studios or other adult, sexually oriented business.
[Added 10-22-2007]
SHOPPING CENTER
A group of three or more commercial establishments that are
planned, developed, owned and/or managed as a unit. A shopping center
has shared off-street parking provided on the property, joint-use
access from adjoining streets and is related in its location, size
and type of shops to the trade area that the unit serves.
SIDE YARD
A yard extending from the street yard to the rear yard of
the lot, 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.
SIGNS
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names, or trademarks by which everything
is made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity or
product and which is visible from any public way.
SOLAR COLLECTOR
A device, structure or a part of a device or structure, a
substantial purpose of which is to transform solar energy into thermal,
mechanical, chemical or electric energy.
STREET
A roadway or highway not otherwise defined lying with a recorded
subdivision with a right-of-way not less than 50 feet wide providing
primary access to abutting properties.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Any erection or construction, such as buildings, towers,
masts, poles, booms, signs, decorations, carports, machinery and equipment.
TATTOO ESTABLISHMENTS
A business where pigment is inserted under the surface of
the skin of an individual by pricking a needle or other instrument,
and includes body piercing.
[Added 11-26-2007]
TOWNHOUSE
Single-family building having one or more walls in common
with another single-family building, oriented so all exits open directly
to the outside.
TRAILER
Any unpowered vehicle towed by another and used for purposes
such as camping, transport, and temporary construction offices.
[Amended 9-28-2015 by Ord. No. 1815-15]
USE
The purpose or activity for which the land or building thereon
is occupied or maintained.
USE, CONDITIONAL
A use which, because of its unique or varying characteristics,
cannot be properly classified as a permitted use in a particular district.
After due consideration, as provided for in this chapter, of the impact
of such use upon neighboring land and of the public need for the particular
use at a particular location, such conditional use may or may not
be granted.
USE, PERMITTED
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements and regulations
of such district in which such use is located.
USE, PRINCIPAL
The main use of land or buildings as distinguished from a
subordinate or accessory use.
UTILITIES
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulation stations, but not including sewage disposal plants,
municipal incinerators, warehouses, shops, and storage yards.
VARIANCE
A situation where strict application of this chapter would
result in a practical difficulty or unnecessary hardship; an exception
may be granted by the Zoning Board of Appeals.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
YARD
An open space on a zoning lot which is unoccupied or unobstructed
from its lowest level to the sky, except as otherwise provided herein.