The following words, terms and phrases, wherever they occur
in this chapter, shall have the meanings ascribed to them by this
section. Definitions provided by this section include:
ACCESS
A means of providing vehicular or nonvehicular egress from
or ingress to a property, highway, or private roadway.
ACCESSORY STRUCTURE, ATTACHED
An accessory structure which is physically connected to the
principal building. Attached accessory structures shall be considered
part of the principal structure and are subject to the setback standards
for the principal structure.
ACCESSORY STRUCTURE, DETACHED
An accessory structure which is not physically connected
to the principal building. A minor attachment does not render an accessory
structure attached. Examples of minor attachments include, but are
not limited to, decks 18 inches or less above grade, arbors and fences,
and similar open unclosed structures such as breezeways over the pedestrian
pathway between structures and no wider than five feet.
ACCESSORY STRUCTURE, RESIDENTIAL
A structure subordinate to the principal building which is
located on the same residential parcel. Accessory residential structures
include garages, carports, other parking spaces, swimming pools, tennis
courts, and toolsheds. Accessory structures in residential districts
shall not involve the conduct of any business, trade, or industry,
except as defined as a home occupation and shall not include the boarding
of animals or the keeping of fowl or farm animals. The post of a carport
is considered the wall for setback purposes.
ACCESSORY USE
A use subordinate to the principal use of a building and
serving a purpose customarily incidental to the use of the principal
land use. Accessory uses in residential districts shall not involve
the conduct of any business, trade, or industry, except as defined
as a home occupation and shall not include the boarding of animals
or the keeping of fowl or farm animals.
ACRE
Forty-three thousand five hundred sixty square feet.
ADDITION
Any walled and roofed expansion to the perimeter and/or height
of a building in which the addition is connected by a common load-bearing
wall. Any walled and roofed addition connected by a fire wall or that
is separated by independent perimeter load-bearing walls is new construction.
AIRPORT
The Shawano Municipal Airport located in Section 28, T27N,
R16N, Shawano County.
AIRPORT HAZARD
Any structure, object, or natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing and taking off, as described in §
10-94.
ALLEY
A minor public street or thoroughfare providing secondary
access to a property. Alley access does not constitute frontage for
the purposes of minimum lot frontage.
ANIMAL UNIT
A measure which represents a common denominator for the purpose
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the maximum carrying capacity of one acre
of land and is related to the amount of feed various species consume,
and the amount of waste they produce. The following figure indicates
the number of common farm species which comprise a single animal unit:
Figure 10-12a
Animal Units
|
---|
Type of Livestock
|
Number of Animals/Animal Unit
|
---|
Horse (more than 2 years)
|
1
|
Colt (less than 2 years)
|
2
|
Cattle (more than 2 years)
|
1
|
Cattle (less than 2 years)
|
2
|
Calves (less than 1 years)
|
5
|
Brood sow or boar
|
2
|
Hogs (up to 220 pounds)
|
3
|
Sheep
|
10
|
Lambs
|
14
|
Chickens: egg layers
|
30
|
Chickens: fryers
|
60
|
Turkeys
|
50
|
Source: The Stockman's Handbook
|
APPEAL
A means for obtaining review of a decision, determination,
order, or failure to act pursuant to the terms of this chapter as
expressly authorized by the provisions of § 10-186.
BASEMENT
That portion of a building between the floor and ceiling,
having at least 1/2 of its height below grade.
BLOCK
The property abutting the street between the two nearest
intersecting or intercepting streets. A railroad right-of-way, the
boundary line of unsubdivided acreage, or a body of water shall be
regarded the same as an intersecting or intercepting street for the
purpose of defining a "block."
BOATHOUSE
A structure used for the storage of watercraft and associated
materials which has one or more walls or sides.
BUFFER YARD
Any permitted combination of distance, vegetation, fencing,
and berming which results in a reduction of visual and other interaction
with an adjoining property.
BUILDING
A structure with a permanent location on the land, having
a roof that may provide shelter, support, protection, or enclosure
of persons, animals, or property of any kind.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.
BUILDING HEIGHT
The vertical distance from the highest grade level at the
front wall of the building to the highest point of the roof.
BUILDING SEPARATION
The narrowest distance between two buildings. (See "minimum
building separation.")
BULK
The combination of building height, size, and location on
a lot.
CALIPER
A measurement of the size of a tree equal to the diameter
of its trunk measurement four feet above natural grade.
CO-WORKING SPACE
A type of work place that involves a shared working environment,
often an office and independent activity. Unlike in a typical office
environment, those co-working are usually not employed by the same
organization.
COMPREHENSIVE PLAN
The long-range master plan for the desirable use and development
of land in the City as officially adopted and as amended from time
to time by the Commission and certified to the Council.
CONDOMINIUM
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with separate interest in space. A condominium may include,
in addition, separate interest in other portions of such property.
DECK
A structure that has no roof or walls and is considered part
of a building or structure. Setbacks shall be measured from the post
of the deck.
DENSITY
A term used to describe the number of dwelling units per
acre.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; any use or change in
use of any buildings or land; any extension of any use of land; deposition
of materials; or any clearing, grading, or other movement of land,
for which permission may be required pursuant to this chapter.
DWELLING
A building or one or more portions thereof, containing one
or more dwelling units, but not including habitations provided in
nonresidential uses, such as lodging uses and commercial campgrounds.
DWELLING UNIT
A room or group of rooms providing or intended to provide
permanent living quarters for not more than one family.
DWELLING, ATTACHED
A dwelling joined to another dwelling at one or more sides
by a shared wall or walls.
EASEMENT
Written authorization, recorded in the Register of Deeds
office, from a landowner authorizing another party to use any designated
part of the land owner's property for a specified purpose.
EXTRATERRITORIAL AREA
The area outside of the City limits in which the City of
Shawano may exercise extraterritorial powers of planning, land division,
and/or zoning review.
FACADE
The wall planes of a building which are visible from one
side or perspective (e.g., front, side, rear).
FAMILY
A person living alone, or two or more persons living together
as a single housekeeping unit, in a dwelling unit, other than in an
adult family home or CBRF or other institutional facility. No such
group shall contain over three persons, except ones related by blood,
adoption, marriage, or that are legally cared for. The following uses
are not considered a dwelling unit: a group occupying a boardinghouse,
motel, hotel, club, fraternity, or sorority house, or other similar
uses.
FARM BUILDING
Any building, other than a dwelling unit, used for storing
agricultural equipment or farm produce or products, having livestock
or poultry, or processing dairy products.
FLOOR AREA
The sum of the gross horizontal areas of the floors of a
building, including interior balconies, mezzanines, basements, and
attached accessory buildings, stairs, escalators, unenclosed and enclosed
porches, detached accessory buildings utilized as dead storage, heating
and utility rooms or loading space. Measurements shall be made from
the outside of the exterior walls and to the center of interior walls
dividing attached buildings.
FOOTCANDLE
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
GARAGE
An accessory building or portion of a building in which one,
but not more than four, motor vehicles are housed.
GROSS DENSITY
The result of dividing the number of dwelling units located
on a site by the gross site area. (See "maximum gross density.")
IMPERVIOUS SURFACE
Areas designed and installed to prohibit infiltration of
stormwater. Homes, buildings, and other structures with roofs, as
well as concrete, brick, stone, asphalt, gravel, and similar surfaces
are considered impervious.
IMPERVIOUS SURFACE RATIO
A measures of the intensity of land use, determined by dividing
the total of all impervious surfaces on a site by the gross site area.
INTENSITY
A term used to describe the amount of gross floor area or
landscaped area on a lot or site compared to the gross site area.
LANDMARK
Any identified improvement, which has a special character
or special historic interest or cultural value as part of the heritage
of the City.
LANDSCAPED AREA
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes, and trees. The landscaped
area includes the area located within planted and continually maintained
landscaped planters.
LOT
A parcel of land having frontage on a public or private 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 AREA
The area contained within the property boundaries of a recorded
lot.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT LINE
The property line (including the vertical plane established
by the line and the ground) bounding a lot except that where any portion
of a lot extends into the public right-of-way or a proposed public
right-of-way, the line of such public right-of-way shall be the lot
line for applying this chapter.
LOT LINE, FRONT
A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street frontages, the lot
line along the street from which the house is addressed shall be the
front lot line. (See also "lot line, street side.") See Figure 10-12b.
Figure 10-12b
Lot Descriptions
|
LOT LINE, REAR
In the case of rectangular or most trapezoidal shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular, or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots that have
frontage on more than one road or street, the rear lot line shall
be established at the time of subdivision or lot creation or shall
be assigned by the Zoning Administrator. See Figure 10-12b.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a street side lot
line. A side lot line separating a lot from another lot is called
an interior side lot line. See Figure 10-12b.
LOT LINE, STREET SIDE
Any lot line which abuts a public or private street right-of-way
which is not the front lot line. (See also "lot line, front.") See
Figure 10-12b.
LOT OF RECORD
A platted lot or lot described in a certified survey map
or in a metes and bounds description which has been approved by the
City or by Shawano County, and has been recorded in the office of
the Register of Deeds.
LOT WIDTH
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot lines and at the rear
of the required front yard. (See "minimum lot width.")
LOT, CORNER
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street lines is the "corner."
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel
streets (also "double-frontage"). See Figure 10-12b.
MANUFACTURED HOME
A one- or two-family home certified and labeled as a manufactured
home under 42 U.S.C. §§ 5401 through 5426, which when
placed on the site is set on an enclosed foundation in accordance
with § 70.043(1), Wis. Stats., and Subchapters III, IV,
and V of Chapter COMM 21, Wis. Adm. Code, or a comparable foundation
as approved by the Building Inspector, is installed according to manufacturer's
instructions, is properly connected to utilities, has asphalt or metal
shingles and a gable or hip roof, has insulated glass windows, has
vinyl, aluminum or other quality siding, and is a minimum of 22 feet
wide. For purpose of enforcement of this chapter, manufactured homes
shall be allowed as permitted and conditional uses where single-family
residences and two-family residences are allowed as permitted and
conditional uses; also known as a "modular home."
MINIMUM LOT WIDTH
The smallest permissible lot width for the applicable zoning
district.
MINIMUM SETBACK
The narrowest distance permitted from a street, side, or
rear property line to a structure.
MIXED USE
Some combination of residential, commercial, industrial,
office, institutional, and/or other land uses within a district or
development.
MOBILE HOME
A transportable, factory-built home designed to be used as
a single-family, year-round residential dwelling and built to the
Manufacturing Housing Construction and Safety Standards Act of 1974.
NAVIGABLE WATER
All natural inland lakes, rivers, streams, ponds, sloughs,
flowages, and other waters within the territorial limits of Wisconsin,
including the Wisconsin portion of boundary waters, which are navigable
under the laws of Wisconsin. The Wisconsin Supreme Court has declared
navigable all bodies of water with a bed differentiated from adjacent
uplands and with levels of flow sufficient to support navigation by
a recreational craft of the shallowest draft on an annually recurring
basis.
NET DEVELOPABLE AREA (NDA)
The area of a site which may be disturbed by development
activity. Net developable area is the result of subtracting undevelopable
area from the gross site area.
NONCONFORMING BUILDING OR STRUCTURE
Any building or other structure which was lawfully existing
under ordinances or regulations preceding this chapter, but which
would not conform to this chapter if the building or structure were
to be erected under the provisions of this chapter.
NONCONFORMING DEVELOPMENT
A lawful development approved under ordinances or regulations
preceding the effective date of this chapter, but which would not
conform to this chapter if the development were to be created under
the current provisions of this chapter.
NONCONFORMING LOT
A lot which does not comply with the minimum lot area or
width requirements of the district in which it is located.
NONCONFORMING USE
An active and actual use of land, buildings, or structures
which was lawfully existing prior to the enactment of this chapter,
which has continued as the same use to the present, and which does
not comply with all the applicable regulations of this chapter.
NONRESIDENTIAL USE
The individual uses listed under "agricultural land uses," "institutional land uses," "commercial land uses," "industrial land uses," "storage land uses," "transportation land uses," "extraction and disposal land uses," and "energy production land uses" in Article
III.
NOXIOUS MATTER OR MATERIALS
Material capable of causing injury to living organisms by
chemical reaction, or that is capable of causing detrimental effects
on the physical or economic well-being of individuals.
OFFICIAL ZONING MAP
The map adopted and designated by the City as being the "Official
Zoning Map."
OPACITY
The degree to which vision is blocked by buffer yard. Opacity
is the proportion of a buffer yard's vertical plane which obstructs
views into an adjoining property.
OTHER PROTECTED GREEN SPACE
Protected green space areas which are not constrained by
one of the protected natural resources (i.e., wetlands, floodplains,
steep slopes, lakeshores, and woodlands). Examples include portions
of private lots, out-lots, or parcels commonly held by a property
owners' association, which are deed restricted from site disruption.
OUTDOOR WOOD FURNACE
An outdoor accessory structure designed to heat water through
a wood fire and then transmit that heated water to the principal building
for direct use and/or heating the principal building.
OVERLAY ZONING DISTRICT
A zoning district which imposes uniform restrictions on all
properties within its area which are in addition to the restrictions
specific to the standard zoning districts.
OWNER
The person, persons, or entity having the right of legal
title to a lot or parcel of land.
PARAPET
The extension of a false front or wall above the roofline.
PARCEL
Any contiguous quantity of land capable of being described
with such definiteness that its location and boundaries may be established,
which is designated by its owner or developer as land to be used or
developed as a unit, or which has been used or developed as a unit.
Parcel includes an easement supporting or related to a primary parcel
and a condominium unit. Only one such designation by the owner shall
be allowed under this chapter.
PAVED/PAVEMENT
Hard solid surface of concrete, asphalt, paving brink or
stone designed for pedestrian and vehicle traffic and other similar
nongranular surfaces. (NOTE: Gravel and other crushed materials are
not considered pavement.)
PERFORMANCE STANDARD
Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings.
PIER
Any structure extending into navigable waters from the shore
with water on both sides, built or maintained for the purpose of providing
a berth for watercraft or for loading or unloading cargo or passengers
onto or from watercraft. Such a structure may include a boat shelter,
boat hoist, boat lift, and the hoist, lift, or shelter may be permanent
or may be removed seasonally. See also "wharf."
PORCH
A covered platform, usually having a separate roof, at an
entrance to a dwelling, or an open or enclosed gallery or room, which
is not heated or cooled, that is attached to the outside of a building.
The post of the porch is considered the wall for setback purposes.
PUBLIC IMPROVEMENT
Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, such as: streets, roads, alleys, or pedestrian walks or paths;
storm sewers; flood control improvements; water supply and distribution
facilities; sanitary sewage disposal and treatment; and public utility
and energy services.
REGIONAL FLOOD
A flood determined by the United States Army Corps of Engineers
which is representative of large floods known to have occurred generally
in Wisconsin and reasonably characteristic of what can be expected
to occur on a particular stream. The regional flood generally has
an average frequency in the order of the 100-year recurrence interval
flood determined from an analysis of floods on a particular stream
and other streams in the same general region.
SCALE (OF DEVELOPMENT)
A term used to describe the gross floor area, height, or
volume of a single structure or group of structures.
SETBACK
The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line, excluding permitted intrusions per §
10-73.
SLOPE
An incline from the horizontal expressed in an arithmetic
ratio of horizontal magnitude to vertical magnitude. (Example: 3:1
slope is three feet horizontal and one foot vertical).
START OF CONSTRUCTION
The date the building permit is issued, provided that the
actual start of activity was within 365 calendar days of the permit
date. The actual start of activity means either the first placement
of permanent construction of a structure on the site, such as the
pouring of a slab or footings, the installation of piles, or the construction
of columns. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations; nor does it include the erection
of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or part of the main structure.
STEEP SLOPE
Steep slopes are areas which contain a gradient of 12% or
greater.
STORY
That portion of a building, other than a basement, that is
between the surface of any floor and the surface of the next floor
above it or, if there is not a floor above, then the space between
such floor and the ceiling next above it.
STREET
A right-of-way for vehicular traffic, whether designated
as a street, highway, thoroughfare, parkway, throughway, road, avenue,
boulevard, lane, place, or however otherwise designated and includes
all of the area between the roadway or right-of-way lines.
STRUCTURE
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excluding landscape features,
fences, swimming pools, public utilities, and other minor site improvements.
SUBSTANDARD LOT
A lot of record which lawfully existed prior to this chapter,
which would not conform to the applicable regulations if the lot were
to be created under the current provisions of this chapter.
TEMPORARY USE
A land use which is present on a property for a limited and
specified period of time.
UNNECESSARY HARDSHIP
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height, or
density unnecessarily burdensome or unreasonable in light of the purposes
of the ordinance.
USE
The purpose for which land or a building or structure is
arranged, designed, or intended, or for which it is, or may be, occupied
or maintained.
USE, PRINCIPAL
The main use to which a parcel is devoted and the main purpose
for which the premises exists.
VARIANCE
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the chapter would result in unnecessary
and undue hardship.
VEHICLE
A machine propelled by power other than human power designated
to travel along the ground, air or water by use of wheels, treads,
runners, or slides, and transport persons or property or pull machinery
and shall include, without limitation, automobile, truck, trailer,
motor home, motorcycle, tractor, buggy, wagon, boat and aircraft.
WETLAND
An area that is saturated by surface water or groundwater,
with vegetation adapted for life under those soil conditions. See
also § 23.32(1), Wis. Stats.
WHARF
Any structure in navigable waters extending along the shore
and generally connected with the uplands throughout its length, built
or maintained for the purpose of providing a berth for watercraft
or for loading or unloading cargo or passengers onto or from watercraft.
Such a structure may include a boat shelter, boat hoist or boat lift,
and the hoist, lift, or shelter may be permanent or may be removed
seasonally. See also "pier."
WOODLAND
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the City of Shawano and its environs.
YARD
An open space, other than a courtyard, on a lot unoccupied
and unobstructed from the ground upward except as otherwise provided
in this chapter.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
YARD, REAR
A yard extending across the full width of the lot, the depth
of which is the minimum distance between the rear lot line and a line
parallel thereto on the lot.
YARD, SIDE
A yard extending from the front yard to the rear yard, the
width of which is the minimum horizontal distance between the side
lot line and a line parallel thereto on the lot.
YARD, STREET SIDE
For corner lots, the yard between the front and rear lot
lines, extending from the street side lot line to the nearest part
of the nearest principal building.
ZONING ADMINISTRATOR
The person authorized and charged by the City with the administration
of this chapter.