Unless specifically defined below, words or phrases used in
this chapter, the Oneida County Zoning and Shoreland Protection Ordinance
and Oneida County Floodplain Ordinance shall be interpreted so as
to give them the same meaning as they have in common law and this
chapter.
ALLEY
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on a street.
AVERAGE LOT WIDTH (ALW)
The average horizontal straight line measurement between
side lines of a lot. A lot shall be judged to meet the minimum average
width requirement for the district in which it is located, if the
district's average width dimensions are maintained from the points
at which the lot's riparian frontage width (RFW as defined in Article
10, Definitions, Oneida County Zoning and Shoreland Protection Ordinance)
and/or frontage width is determined to the point(s) at which the lot's
minimum area requirement has been satisfied; no additional area of
a particular lot in question need meet the minimum average width requirement.
AVERAGE LOT WIDTH NON-RIPARIAN LOT
The average horizontal straight line measurement between
side lot lines of a lot from any given point within the lot area to
be computed. The minimum average lot width (ALW) shall apply to the
area covered by the portion of the lot containing the buildable area
for the district and land use that applies. If the districts average
width dimensions are maintained from the point(s) at which the lot’s
minimum area requirement has been satisfied no additional area of
a particular lot in question need meet the minimum average width requirement.
[Added 8-17-2021 by Res.
No. 81-2021, effective 9-3-2021]
BACK LOT
A distinct portion or plot of land with no riparian frontage.
BLOCK
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad right-of-ways, shorelines
of waterways, or municipal boundary lines.
BUILDING SETBACK LINE
A line within a lot or other parcel of land between which
line and the adjacent boundary of the road or waterway upon which
the lot abuts, the erection of a building is prohibited, as prescribed
by the appropriate zoning or other regulations.
BULKHEAD LINE
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
pursuant to § 30.11, Wis. Stats., and which allows limited
filling between this bulkhead line and the original ordinary high
water mark, except where such filling is prohibited by the floodway
provisions of this chapter.
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.
COMMITTEE
The Oneida County Planning and Zoning Committee authorized
by § 59.69, Wis. Stats.
CUL-DE-SAC
A local road with only one vehicular outlet and having an
appropriate terminal for the safe and convenient reversal of traffic
movement.
DEPARTMENT
The County Planning and Zoning Department.
DIRECTOR
The County Zoning Director or his/her designee.
DIVIDER
Any person, corporation, or authorized agent who undertakes
a land division as defined in this section.
DRYLAND ACCESS
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
EASEMENT
A grant by a property owner for the use of land for a specific
purpose.
FINAL PLAT
The map of record of a subdivision and any accompanying material.
FLOOD FRINGE
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
FLOOD HAZARD BOUNDARY MAP
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A-Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
FLOOD INSURANCE RATE MAP (FIRM)
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by the Federal Emergency Management Agency.
FLOODPLAIN
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the flood fringe,
and may include other designated floodplain areas for regulatory purposes.
FLOODWAY
The channel of a stream and those portions of the floodplain
adjoining the channel that are required to carry and discharge the
floodwater or flood flows of any river or stream including, but not
limited to, flood flows associated with the regional flood.
FRONTAGE
The length of the front property line of the lot, lots, or
tract of land abutting a public or private street, road, highway,
public right-of-way, or navigable water body.
GRADE
The degree of slope of land.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, drainage ditch, water main,
off-street parking area, or other facility for which the County, town,
or special use district may ultimately assume the responsibility for
maintenance and operation.
KEYHOLE DEVELOPMENT
The creation of a lot, outlot, or parcel of land, by any
type of recorded instrument, that provides access to a navigable water
body for more than one nonriparian lot, outlot, or parcel of land
and where the ownership of the riparian and nonriparian lots are not
the same. Keyhole development shall also include dredging of a channel
for the purpose of navigational access to a water body from one or
more lots, outlots, or parcels of land. Keyhole development shall
not include public boat ramps or marinas permitted in the Oneida County
Zoning and Shoreland Protection Ordinance.
LAND DIVISION
The division of a lot or parcel of land for the purpose of
transfer of ownership or building development.
LIMITED ACCESS EXPRESSWAY OR HIGHWAY
A trafficway for through traffic, in respect to which owners
or occupants of abutting property or lands and other persons have
no legal rights of access to or from the same, except only at such
points and in such manner as may be determined by the public authority
having jurisdiction over such trafficway.
LOT
A distinct portion or plot of land.
LOT LINE
The boundary of a lot or parcel of land.
LOT WIDTH
The shortest distance between lot lines from any given point.
LOT, CORNER
A lot situated at the intersection of two streets.
NAVIGABLE WATERS
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages, and other waters
within the territorial limits of this State, including the Wisconsin
portion of boundary water, which are navigable under the laws of the
State. Under § 281.31(2)(d), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 59.69(1), Wis. Stats.,
and Ch. NR 115, Wis. Adm. Code, do not apply to lands adjacent to
farm drainage ditches if:
(a)
Such lands are not adjacent to a natural navigable stream or
river;
(b)
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; and
(c)
Such lands are maintained in nonstructural agricultural use.
ORDINARY HIGH WATER MARK (OHWM)
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark, such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristics.
OUTLOT
A parcel of land other than a lot or block, so designated
on the plat, but not of standard size, which can be either redivided
into lots or combined with one or more other adjacent outlots or lots
in adjacent subdivisions or minor subdivisions in the future for the
purpose of creating buildable lots. An outlot may not be used as a
building site for a habitable structure unless it is in compliance
with restrictions imposed under this chapter and the Oneida County
Zoning and Shoreland Protection Ordinance with respect to building
sites. An outlot may be a private road, easement, or alley.
OWNER
Any person, group of persons, firm, corporation, or any other
legal entity having legal title to the land sought to be divided under
this title.
PARCEL
A distinct portion or plot of land.
PERSON
Person in this chapter shall include any natural person,
corporate entity, or statutory entity.
PIN
Parcel Identification Number also known as tax key number.
POWTS
A private on-site wastewater treatment system and also referred
to as private sewage system.
PRELIMINARY PLAT
A map showing the salient features of a proposed subdivision,
submitted to the committee for purposes of preliminary considerations.
PRIVATE SEWAGE SYSTEM
Also referred to as a private on-site wastewater treatment
system (POWTS), has the meaning given under § 145.01(12),
Wis. Stats. Unsewered lots mean those lots sewered by a private sewage
system.
PUBLIC SANITARY SYSTEM
All facilities of a sanitary district with taxing authority
for collection, transporting, storing, pumping, treatment, and final
disposition of sewage. However, it does not include any private sewage
systems. Sewered lots mean those lots sewered off a public sanitary
system.
REGIONAL FLOOD
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
1% chance of being equaled or exceeded in any given year, and if depicted
on the Flood Insurance Rate Map (FIRM), the Regional Flood Elevation
(RFE) is equivalent to the Base Flood Elevation (BFE).
RIGHT-OF-WAY
Right-of-way is a strip of land occupied or intended to be
occupied by a road, street, walkway, railroad, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
or for another special use. The usage of the term "right-of-way" for
land established and shown on a final plat is to be separated and
distinct from the lots or parcels adjoining such right-of-way, and
not included within the dimensions or areas of such lots or parcels.
RIPARIAN FRONTAGE WIDTH (RFW)
(Re: Ch. 9.93(E)(2), Oneida County Zoning and Shoreland Protection
Ordinance) The minimum riparian frontage width shall be measured the
lesser of a straight line connect points where the side lot lines
intersect the ordinary high water mark (OHWM) or as the length of
chord which is perpendicular to a side lot where it intersects the
OHWM and terminates at the opposite side lot line.
ROAD
A public or private right-of-way which affords a primary
means of vehicular access to abutting properties, whether designated
as a street, avenue, highway, road, boulevard, land throughway, or
however otherwise designated, but excepting driveways to buildings.
ROADWAY
The surfaced portion of the road available for vehicular
traffic.
SHORELANDS
Lands within the following distances from the ordinary high
watermark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
SUBDIVIDER
Any person, corporation, or authorized agent who undertakes
the subdivision of and as defined in this section.
SUBDIVISION, COUNTY AND TOWN
A division of a lot, contiguous parcels, or tract of land
for the purpose of sale or of building development, where:
(a)
The act of division creates nine or more parcels, lots, or building
sites within any five-year time period; and
(b)
The act of division may not include more than four parcels,
lots, or building sites of 1 1/2 acres each or less in area.
SUBDIVISION, MINOR
A division of a lot, contiguous parcels, or tract of land
for the purpose of sale or of building development, where:
(a)
The act of division creates one but not more than eight lots,
parcels, or building sites which are 10 acres or less in size within
any five-year time period.
(b)
The act of division may not include more than four parcels,
lots, or building sites of 1 1/2 acres each or less in area.
SUBDIVISION, STATE
A division of a lot, contiguous parcels, or tract of land
for the purpose of sale or of building development, where:
(a)
The act of division creates five or more parcels or building
sites of 1 1/2 acres each or less in area; or
(b)
Five or more parcels or building sites of 1 1/2 acres each
or less in area are created by successive divisions within a period
of five years.
WATER'S EDGE
A continuous line that intersects a clear, unobstructed expanse
of water that is free of woody vegetation and that can support the
continuous flotation of a canoe or other like small watercraft without
impeding its movement.
WETLANDS
Those areas where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophilic vegetation
and which have soils indicative of wet conditions.