Words and terms defined. For the purpose of this chapter, certain
terms and phrases are defined below and shall have the meaning ascribed
to them, except where the context clearly indicates a different meaning.
ADULT ARCADE
An establishment where coin-operated, slug-operated, electronically
or mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer individuals per machine at any one time, and where the
images so displayed are distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas.
ADULT BATHHOUSE
An establishment which provides the services of baths, including
all forms and methods of hydrotherapy, that is not operated by a medical
practitioner or a professional physical therapist licensed by the
State of Wisconsin and which establishment provides to its patrons
an opportunity for engaging in specified sexual activities.
ADULT BODY PAINTING STUDIO
An establishment wherein patrons are afforded an opportunity
to paint images on another person's body which is wholly or partially
nude. An adult body painting studio shall not be deemed to include
a tattoo parlor.
ADULT BOOK/VIDEO STORE
(1)
An establishment that as one of its principal business purposes
offers for sale, lease, or rental any of the following:
(a)
Books, magazines, periodicals, or other printed matter that
is distinguished or characterized by an emphasis on the depiction
or description of specified sexual activities or specified anatomical
areas;
(b)
Photographs, paintings, or other visual renderings that are
distinguished or characterized by an emphasis on the depiction of
specified sexual activities or specified anatomical areas;
(c)
Films, motion pictures, videocassettes, video reproductions,
DVDs, CD-ROMs, or similar media that are distinguished or characterized
by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas;
(d)
Games, whether electronic or non-electronic, that are distinguished
or characterized by an emphasis on the depiction or description of
specified sexual activities or specified anatomical areas; or
(e)
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
(2)
A principal business purpose need not be a primary use of an
establishment so long as it is a significant use based upon the visible
inventory or commercial activity of the establishment.
(3)
This definition excludes films, motion pictures, videocassettes,
streaming videos, DVDs, slides or other similar photographic reproductions
given an "R" or "NC-17" rating by the Motion Picture Association of
America.
ADULT CABARET
(1)
An establishment, such as a nightclub, dance hall, bar, restaurant,
or similar establishment, that regularly features:
(a)
Persons who appear seminude;
(b)
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(c)
Films, motion pictures, videocassettes, streaming videos, DVDs,
slides or other photographic reproductions which are characterized
by the exhibition or display of specified sexual activities or specified
anatomical areas.
(2)
This definition excludes films, motion pictures, videocassettes,
slides, or other similar photographic reproductions given an "R" or
"NC-17" rating by the Motion Picture Association of America.
ADULT MASSAGE PARLOR
An establishment with or without sleeping accommodations
that provides the services of massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy, not operated by a medical practitioner or
professional physical therapist licensed by the State of Wisconsin
and which establishment provides for its patrons the opportunity to
engage in specified sexual activities.
ADULT MODELING STUDIO
An establishment that provides the services of modeling for
the purpose of reproducing the human body wholly or partially in the
nude by means of photography, painting, sketching, drawing, or otherwise.
ADULT MOTION-PICTURE THEATER
An establishment that, for any form of consideration, regularly
shows films, motion pictures, videocassettes, streaming videos, DVDs,
slides, or similar photographic reproductions which are distinguished
or characterized by an emphasis on the depiction or description of
specified sexual activities or specified anatomical areas. This definition
excludes films, motion pictures, videocassettes, streaming videos,
DVDs, slides or other similar photographic reproductions given an
"R" or "NC-17" rating by the Motion Picture Association of America.
ADULT-ORIENTED ESTABLISHMENT
A business that regularly features either live nudity or
live seminudity as a permanent focus of its business, giving special
prominence to such content on a permanent basis, as cited in Kraimer
v. City of Schofield, 342 F. Supp. 2d 807 at page 822, citing Schultz
v. City of Cumberland, 228 F.3d 831, or otherwise permits live display
of specified sexual activities to members of the public. "Adult-oriented
establishment" shall include within its definition, without limitation,
adult arcades, adult bathhouses, adult body painting studios, adult
book/video stores, adult cabarets, adult massage parlors, adult modeling
studios and adult motion-picture theaters, and further includes any
premises to which public patrons or members are invited or admitted
and which are so physically arranged as to provide booths, cubicles,
rooms, compartments, or stalls separate from the common area of the
premises for the purposes of viewing sexually oriented motion pictures,
or wherein an entertainer provides sexually oriented entertainment
to a member of the public, a patron or a member, whether or not such
sexually oriented entertainment is held, conducted, operated, or maintained
directly or indirectly and/or for profit.
AGRICULTURAL WASTE
Manure, milking center waste, and other organic waste generated
by a livestock facility.
AGRICULTURAL ZONING DISTRICT
A zoning district established by this chapter that has an
"A" followed by a number as its abbreviation (e.g., A-2).
ALLEY
A vehicular accessway that provides primary vehicular access
to the back of the lots that front on a street.
ALTERNATIVE TOWER STRUCTURE
Man-made towers, water towers, buildings, bell steeples,
light poles, electric transmission and distribution structures, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers (Exhibits 3-1 and 3-2).
ANIMAL UNIT
A unit of measure used to regulate the number of various
types of livestock and other farm animals by type. In Wisconsin, one
animal unit is equivalent to one beef cow or steer (600 pounds or
more) or any combination of other animals based on assigned animal
unit factors.
ANIMAL UNIT EQUIVALENT FACTOR
A numeric value assigned to various types of livestock and
other farm animals in relation to one beef cow or steer (600 pounds
to market). For the purpose of this chapter, the animal unit factors
established by the Wisconsin Department of Agriculture, Trade and
Consumer Protection under Ch. NR 243, Wis. Adm. Code, are to be used.
Those factors as of January 2006 are listed in Table 3-1.
Table 3-1. Animal Unit Factors
|
---|
Livestock Type
|
|
Animal Unit Factor
|
---|
Dairy cattle
|
Milking and dry cows
|
1.4
|
|
Heifers (800 pounds to 1,200 pounds)
|
1.1
|
|
Heifers (400 pounds to 800 pounds)
|
0.6
|
|
Calves (up to 400 pounds)
|
0.2
|
Beef cattle
|
Steers or cows (600 pounds to market)
|
1.0
|
|
Calves (under 600 pounds)
|
0.5
|
|
Bulls (each)
|
1.4
|
Swine
|
Pigs (55 pounds to market)
|
0.4
|
|
Pigs (up to 55 pounds)
|
0.1
|
|
Sows (each)
|
0.4
|
|
Boars (each)
|
0.5
|
Poultry
|
Layers (each)
|
0.01
|
|
Broilers (each)
|
0.005
|
|
Broilers — continuous overflow watering
|
0.01
|
|
Layers or broilers — liquid manure system
|
0.033
|
|
Ducks — wet lot (each)
|
0.2
|
|
Ducks — dry lot (each)
|
0.01
|
|
Turkeys (each)
|
0.018
|
Sheep (each)
|
|
0.1
|
Goats (each)
|
|
0.1
|
Source: Wisconsin Department of Agriculture, Trade and Consumer
Protection
|
APPEAL
A process initiated by an aggrieved party to review a decision
made pursuant to this chapter or an alleged failure to act as required
by this chapter.
APPLICANT
A person that submits an application as required by this
chapter.
ARBOR
A structure over a walkway or other open area usually consisting
of parallel colonnades supporting an open roof of girders or cross
rafters often supporting vines or other plants (Exhibit 3-3).
AUTO TITLE LOAN BUSINESS
Any person licensed pursuant to § 138.09, Wis.
Stats., who makes a loan that is secured by an interest, other than
a purchase money security interest, in the borrower's motor vehicle.
BEE COLONY
An aggregate of honeybees, consisting of workers, drones,
queen, brood, combs, and honey.
BEEKEEPER
A person who keeps one or more colonies of honeybees.
BERM
A mound or embankment of earth typically installed to provide
screening or for aesthetic effect.
BLASTING
The use of an explosive material to loosen, move, or shatter
a mass of earth materials.
BOARD OF APPEALS, ZONING
The body appointed under authority of § 62.23,
Wis. Stats., to hear and decide administrative appeals, variances,
and other matters as allowed by this chapter and state law.
BODY PIERCER
An individual who performs body piercing on any human body
part or tissue, except an ear, on another person upon his or her request.
BODY PIERCING
The perforating of any human body part or tissue, except
an ear, and placing a foreign object in the perforation to prevent
the perforation from closing.
BUFFER YARD
A linear strip of undeveloped land, along with landscaping
or a fence, that is located between two different zoning districts
that have potentially incompatible characteristics. Buffer yards are
intended to create separation between incompatible land uses and eliminate
or lessen the impacts (e.g., noise, dust, glare of lights, outdoor
activities) of the most intrusive land use on the other.
BUILDING
A structure having a roof supported by walls or columns,
or other supports, intended for the shelter or enclosure of people,
animals, goods, or property of any kind.
BUILDING CODES
Those regulations adopted by a municipality or the state
that regulate the construction, repair, alteration, demolition, and
maintenance of buildings.
BUILDING PERMIT
A permit issued prior to an addition to, or the construction,
alteration, repair or demolition of, a structure. (In contrast, see
"zoning permit.")
BUILDING SCALE
The relationship between the mass of a building and its surroundings,
including streets, open spaces, and surrounding buildings. Mass is
the three-dimensional bulk of a structure: height, width, and depth.
BUILDING, ACCESSORY
A detached building, not used as a dwelling unit, that is
incidental and subordinate to the use of the principal building and
which is located on the same lot.
BUILDING, PRINCIPAL
The building on a lot in which the principal use, as permitted
on such lot by the regulations of the district in which it is located,
is conducted.
CALIPER
The diameter of a tree, measured at a point six inches above
the ground line if the resulting measurement is not more than four
inches. If the resulting measurement is more than four inches, the
measurement is taken 12 inches above the ground line.
CAMPGROUND SPACE
A designated portion of a campground that is rented for the
exclusive use of its occupants. A campground space may include a parking
spur, fire ring, table, and other amenities.
CFR
An acronym for Code of Federal Regulations.
CO-LOCATION
The location of multiple antennas of more than one commercial
wireless communication service provider or governmental entity on
a single tower or alternative tower structure.
COMPREHENSIVE PLAN
The document that the Village of Fox Crossing Village Board
adopted consistent with § 66.1001, Wis. Stats.
CONDITIONAL USE PERMIT
A permit issued by the Director of Community Development
authorizing establishment of a conditional use consistent with the
provisions of this chapter.
CONDOMINIUM
A form of ownership with unrestricted right of disposal of
one or more units in a multiple-unit project with the land and all
other parts of the project held in common ownership or use with owners
of the other units.
CURB
The barrier used to separate a street and other vehicle use
areas from the surrounding environs.
DAWN TO DUSK
The time period extending from 30 minutes before sunrise
to 30 minutes after sunset of any given day.
dBA
An abbreviation for decibels, A-weighted
DECIBELS, A-WEIGHTED (dBA)
A unit for expressing the relative intensity of sounds in
air on a scale from zero, for the average least perceptible sound,
to about 130, for the average level at which sound causes pain to
humans. The A-weighting system is typically used to measure environmental
noise (e.g., noise from aircraft, railroad lines, and roadways).
DECK
An unenclosed exterior structure, attached or adjacent to
the exterior wall of a building, which has a floor but no roof (Exhibit
3-4).
DENSITY
As the context would indicate, the number of existing, proposed,
or permitted dwelling units in a given area.
DEVELOPMENT
Any activity that must comply with, or is in any way regulated
by, this chapter.
DEVELOPMENT AGREEMENT
A contract between a developer and a municipality that describes
the obligations of both parties regarding a private development project.
DISABILITY
A mental or physical impairment that substantially limits
one or more life activities.
DISTINGUISHED OR CHARACTERIZED BY
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified sexual activities or specified
anatomical areas.
DUSK TO DAWN
The time period extending from 30 minutes after sunset to
30 minutes before sunrise of any given day.
DWELLING UNIT
A structure, or portion thereof, that is intended to be used
as a home or residence for one family, which includes permanent provisions
for living, sleeping, eating, cooking, and sanitation.
EASEMENT
A non-possessory legal right a person has to the property
of another for a specific use. An easement may apply to the entire
property or a portion thereof and may be perpetual or temporary, expiring
after a period of time or after a certain event occurs. A utility
easement, for example, would allow any person with a right to use
the easement to install and maintain utilities across, over, or under
the subject land. A road easement would likewise allow the installation
and maintenance of a driveway or roadway along with ancillary utilities.
ELECTRONIC MESSAGE DISPLAY
A type of sign display where the message is created with
a number of internal lights, such as light-emitting diodes (LEDs),
and which may be changed at intervals by an electronic process.
FAA
An acronym for Federal Aviation Administration.
FAMILY
One individual living alone in a dwelling unit or two or
more individuals living together in a dwelling unit as a single housekeeping
unit.
FARM
A parcel of land or a collection of two or more contiguous
parcels of land in common ownership provided more than 50% of the
entire land area is assigned for property tax purposes to one or more
of the following use classifications as defined by the Wisconsin Department
of Revenue pursuant to § 70.32(2), Wis. Stats.:
(1)
Agricultural land: Class 4.
(2)
Agricultural forest: Class 5m; or
(3)
Productive forest: Class 6.
FARM PRODUCTS
Agricultural, horticultural, and arboricultural crops. Animals
considered within the definition of "agricultural" include, but are
not limited to, livestock and stable animals.
FCC
An acronym for Federal Communications Commission.
FEDERAL AVIATION ADMINISTRATION (FAA)
A federal agency within the U.S. Department of Transportation
with the authority to regulate air commerce to promote its safety
and development; encourage and develop civil aviation, air traffic
control, and air navigation; and promote the development of a national
system of airports.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
A federal agency with a mission to reduce loss of life and
property and protect our nation's critical infrastructure from all
types of hazards through a comprehensive, risk-based emergency management
program of mitigation, preparedness, response, and recovery.
FINDING
A written conclusion or determination that is considered
in reaching a decision.
FLOODPLAIN
That land which has been or may be covered by floodwater
during a regional flood. The floodplain includes the floodway and
the flood-fringe and may include other designated floodplain areas
for regulatory purposes.
FLOOR AREA
The total horizontal area contained within the outside perimeter
of a building.
FLYWAY BARRIER
As relates to beekeeping, an obstruction consisting of a
solid wall, fence, dense vegetation, or combination thereof, so bees
are forced to fly over the material to reach the colony.
FUGITIVE DUST
The solid airborne particulate matter resulting from any
activity conducted on a parcel zoned or used for industrial or commercial
purposes.
GARAGE
A structure used for storing motorized vehicles that has
any more than two sides completely enclosed.
HAZARD
A condition, whether man-made or natural, that presents a
tangible danger to the public health, safety, and general welfare.
HAZARDOUS SUBSTANCE
A material regulated by the Emergency Planning and Community
Right-to-Know Act of 1986, 42 U.S.C. §§ 1101 to 11050,
as may be amended.
HAZARDOUS WASTE
A waste or combination of wastes that because of its quantity,
concentration, or physical, chemical, or infectious characteristics
may:
(1)
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
(2)
Pose a substantial present or future hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of or otherwise mismanaged.
HEALTHY SUSTAINABLE BUSINESS NETWORK (HSBN)
A program that identifies those business neighborhoods/networks
demonstrating leadership in health and wellness, safety and sustainable
business practices in the Village of Fox Crossing.
HIVE
As relates to beekeeping, a receptacle inhabited by a colony
of honeybees.
HONEYBEE
All life stages of the common domestic honeybee, Apis mellifera
species of European origin, including the queen and drones.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by rainwater.
The term includes, without limitation due to enumeration, all areas
covered by structures, decks, roof extensions, patios, porches, driveways,
sidewalks, parking lots, pavement, gravel, compacted clay, and loading
docks, all as measured on a horizontal plane.
INDUSTRIAL ZONING DISTRICT
A base zoning district established by this chapter that has
an "I" followed by a number as its abbreviation (e.g., I-1).
INTERSTATE HIGHWAY
A highway at any time officially designated as part of the
national system of interstate and defense highways by the Wisconsin
Department of Transportation and as approved by the appropriate authority
of the federal government.
KENNEL, PRIVATE
A place where no more than four dogs, cats or other domesticated
animals over six months of age are kept.
LAND
The earth, water, and air above, below or on the surface.
LAND USE
As the context indicates:
(1)
The development that has occurred on the land;
(2)
Development that is proposed for the land; or
(3)
The use permitted for the land under this chapter.
LAND USE, ACCESSORY
A land use that is incidental and subordinate to and customarily
found with a principal land use.
LAND USE, CONDITIONAL
A land use that would not be appropriate generally or without
restriction throughout a specified area but if controlled as to the
number, area, location, or relation to the surrounding properties
by the imposition of appropriate conditions could be appropriate in
the specified area.
LAND USE, PERMITTED BY RIGHT
A land use that is allowed throughout a specified area. Land
uses permitted by right may be reviewed through a site plan review
process and shall otherwise be reviewed to ensure that all provisions
of local, state, and federal regulations are met.
LAND USE, TEMPORARY
A land use which is on a parcel of land for a limited and
specified period of time, up to six months.
LANDSCAPING PLAN
A drawing of a subject property that shows existing and/or
proposed landscaping elements and other features as required by this
chapter. Depending on the nature of the development project, the content
of a landscaping plan can be shown on a site plan. (Also see "site
plan.")
LIVESTOCK
Includes bovine animals, equine animals, goats, poultry,
sheep, swine, farm-raised deer, farm-raised game birds, camelids (camels),
ratites (ostrich, emu), and farm-raised fish. This does not include
animals bred for the specific purpose of living inside the dwelling
as determined by the Zoning Administrator.
LOADING AREA
An off-street area set aside for the purpose of unloading
or loading a motor vehicle, trailer, or truck.
LOT
A parcel of ground with a definable location based on a recorded
survey or similar instrument.
LOT AREA
As the context would indicate, lot area can refer to the
minimum required area, actual area, or proposed area.
LOT FRONTAGE
The linear distance a lot abuts on a street right-of-way
or other similar feature. As the context would indicate, lot frontage
can refer to the minimum required distance, actual distance, or proposed
distance.
LOT LINE
A line dividing one parcel of land from another.
LOT LINE, FRONT
A property boundary line described for each of the following
types of lots:
(1)
Interior lot, the property boundary line abutting a street;
(2)
Corner lot, the property boundary line associated with the street
address of the parcel abutting a street;
(3)
Through lot, if access restricted, the property boundary line
abutting the street providing the primary access to the lot, or if
not access restricted, the property boundary lines abutting both streets;
and
(4)
Flag lot, the interior property boundary line most parallel
to and nearest the street from which access is obtained.
LOT LINE, REAR
A property boundary line that does not intersect a front
lot line and that is most distant from and most closely parallel to
the front lot line.
LOT LINE, SIDE
A property boundary line that is not a front or rear lot
line.
LOT, CORNER
A lot situated at the junction of and fronting on two or
more streets. A lot abutting on a curved street shall be considered
a corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the front lot line meet at
an interior angle of less than 135°.
LOT, FLAG
A lot with access provided by a corridor from a street to
the bulk of the lot.
LOT, THROUGH
A lot having a frontage on two streets that are more or less
parallel to one another.
LOW-IMPACT STORMWATER DESIGN
A design approach to stormwater management intended to mimic
the predevelopment hydrology of a site. Initial site design strategies
include minimizing impervious surfaces and the integration of existing
wetlands, riparian areas, and other environmentally sensitive natural
resources into the overall site design. Man-made features, generally
distributed throughout the site, are also used to store, infiltrate,
evaporate, and detain stormwater runoff. Examples of such features
include bioswales, rain gardens, and pervious surfaces.
MANUFACTURED HOME
A structure substantially completed off site meeting minimum
provisions for dwellings and is:
(1)
Transportable in one or more sections;
(2)
Built on a permanent chassis;
(3)
Placed on a permanent foundation;
(4)
Connected to utilities (plumbing, heating, gas, electrical);
and
(5)
Constructed on or after June 15, 1976, in accordance with U.S.
Housing and Urban Development standards and identified with a HUD
seal of approval.
MANUFACTURED HOME PAD
The area of a manufactured home space that has been prepared
for the placement of a manufactured or mobile home.
MANUFACTURED HOME SPACE
A designated area of a manufactured home park that is designed
to accommodate one manufactured or mobile home for exclusive use of
the occupants.
MIGRANT WORKER
This term shall have the meaning under § 103.90(5),
Wis. Stats.
MITIGATE
To take an action designed to offset or rectify a negative
impact.
MIXED-USE ZONING DISTRICT
A zoning district established by this chapter that has an
"M" followed by a number as its abbreviation (e.g., M-1).
MOBILE HOME
A structure which was constructed prior to June 15, 1976,
and was designed to be transported as single unit or in sections by
any motor vehicle upon a public highway and is designed, equipped,
and used exclusively for sleeping, eating, and living quarters, or
is intended to be so used, and which has an overall length in excess
of 45 feet.
MODULAR HOME
A dwelling unit that meets local building codes and which
was constructed off site in a factory as separate modules which are
joined together and set on a permanent foundation. (Note: A modular
home is one type of factory-built housing.)
MULCH
A nonliving organic or inorganic material customarily used
in landscape design to retard erosion, retain soil moisture, maintain
even soil temperature, control weeds, and/or enrich the soil. Examples
of materials often used include tree bark, wood chips, and decorative
stones.
MUNICIPAL CODE
The compilation of laws as adopted by the Village of Fox
Crossing Village Board.
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
A federal agency created in 1935 within the U.S. Department
of Agriculture to work with private landowners and managers to conserve
soil, water, and other natural resources by providing technical and
financial assistance.
NAVIGABLE WATERWAY
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 waters, which are navigable under the laws of
this state. The term does not include farm drainage ditches if:
(1)
Such lands are not adjacent to a natural navigable stream or
river;
(2)
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; and
(3)
Such lands are maintained in nonstructural agricultural use.
NONCONFORMING BUILDING
A building that at the time of construction conformed to
existing regulations, including size, location, and other dimensional
standards, but is now inconsistent with this chapter.
NONCONFORMING CONDITIONAL USE
A use that was classified as a nonconforming use but which
has since been reviewed and approved as a conditional use using the
procedures and requirements specified in this chapter.
NONCONFORMING LOT
A lot that at the time of creation conformed to existing
regulations, including lot size, dimensions, lot configuration, and
other dimensional and design standards, but is now inconsistent with
this chapter.
NONCONFORMING STRUCTURE
A structure that at the time of construction or placement
conformed to existing regulations, including size, location, and other
dimensional standards, but is now inconsistent with this chapter.
NONCONFORMING USE
A use of land that at the time of establishment conformed
to existing regulations but is now inconsistent with this chapter.
NONMETALLIC MINERAL
A product, commodity, or material consisting principally
of naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include stone, sand, gravel, asbestos,
beryl, diamond, clay, coal, feldspar, peat, talc, and topsoil.
NRCS
An acronym for Natural Resources Conservation Service.
NUCLEUS
As relates to beekeeping, a small quantity of bees with a
queen housed in a smaller than usual container used for rearing or
as a starter colony.
NUDE or NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, or anal cleft or cleavage with less than a fully opaque
covering or the showing of the female breast with less than a fully
opaque covering of any part of the nipple and areola, or the showing
of covered male genitals in a discernibly turgid state. The definition
shall not include any portion of the human female breast exhibited
by a dress, blouse, skirt, leotard, bathing suit, or other wearing
apparel commonly worn by persons in public.
OCCUPANCY
The purpose for which a building, or part thereof, is used
or intended to be used.
OPERATING STANDARDS
Regulations governing the ongoing operation of a land use,
including related business practices.
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
characteristic. Where the bank or shore of any particular place is
of such character that it is difficult or impossible to ascertain
where the point of ordinary high-water mark is, recourse may be had
to the opposite bank of a stream or to other places on the shore of
a lake or flowage to determine whether a given stage of water is above
or below the ordinary high-water mark.
ORDINARY MAINTENANCE AND REPAIR
Those activities related to the general day-to-day maintenance
of a building or other similar structure, including interior remodeling,
painting, decorating, paneling, plumbing, insulation, the repair of
cracks in a foundation wall, the application of waterproof coatings
to a foundation wall, and the replacement of windows, doors, electric
wiring, siding, roofing materials, and other nonstructural components.
(In contrast see "structural alteration.")
PANELIZED HOME
A dwelling unit that meets local building codes and which
was constructed off site in a factory as flat panels (e.g., walls,
roof, and floor) which are joined together and set on a permanent
foundation.
PARKING SPACE
An area permanently reserved and maintained for the parking
of one motor vehicle which meets the dimensional standards of this
chapter.
PATIO
An at-grade surfaced area intended for outdoor living that
may be next to a building or separated from a building (Exhibit 3-5).
Exhibit 3-5
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PAYDAY LOAN BUSINESS
Any person licensed pursuant to § 218.05, Wis.
Stats., or a person licensed pursuant to § 138.09, Wis.
Stats., who accepts a check, holds the check for a period of time
before negotiating or presenting the check for payment, and pays to
the issuer an agreed-upon amount of cash, or who refinances or consolidates
such a transaction.
PERSON
An individual, corporation, governmental agency, business
trust, estate, trust, partnership, association, two or more persons
having a joint or common interest, or any other legal entity.
PIER
A structure extending into navigable waters from the shore
with water on both sides that is 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 which is removed seasonally. Such a structure may include
a boat hoist or boat lift, and the hoist or lift may be permanent
or may be removed seasonally. (Also see "wharf.")
PLAN OF OPERATION
A document describing the operation of a particular enterprise
and other related matters as may be required by this chapter. (Also
see "site plan.")
PLANNING COMMISSION
The seven-member Commission appointed by the Village Board
to review and make recommendations to the Village Board on planning
and land use issues as authorized by Wisconsin Statutes.
PLAYHOUSE
An accessory building, either at ground level or elevated,
or supported by a tree, characteristically used by children for play.
POLYSTRUCTURE
A structure having a frame of steel or other material that
is covered with plastic, polyurethane, vinyl, canvas, or other flexible
sheeting material (Exhibit 3-6).
Exhibit 3-6
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PORCH
A part of a building with a roof of its own that covers an
entrance (Exhibit 3-7)
Exhibit 3-7
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PRE-CUT HOME
A dwelling unit that meets local building codes and which
was largely constructed off site in a factory and then disassembled
and transported to the site where it is reassembled and set on a permanent
foundation.
PREMISES
A separate tract of land or parcel of land that has been
or may be conveyed by deed or has otherwise been specified as a separate
lot on an approved land development plan.
PRIMARY HIGHWAY
A highway, other than an interstate highway, at any time
officially designated as part of the federal aid primary system by
the Wisconsin Department of Transportation and as approved by the
appropriate authority of the federal government.
PUBLIC NOTICE
The means that a governmental body uses, or is required to
use, to formally notify people and other interested entities of a
pending governmental hearing or proposed action.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as a temporary living
quarters for recreational, camping or travel use that either has its
own motor power or is mounted on or drawn by another vehicle.
REGULARLY FEATURES or REGULARLY SHOWS
When used in the context of adult uses, a consistent or substantial
course of conduct, such that the films or performances exhibited constitute
a substantial portion of the films or performances offered as part
of the ongoing business of the adult establishment.
RESIDENTIAL ZONING DISTRICT
A zoning district established by this chapter that has an
"R" followed by a number as its abbreviation (e.g., R-1).
REVIEWING AUTHORITY
As the context would indicate, the Director of Community
Development, Planning Commission, Zoning Board of Appeals, or Village
Board.
RIGHT-OF-WAY
A strip of land dedicated or acquired for public use.
SCREEN
A feature, such as a wall, fence, hedge, berm, or similar
feature, used to shield or obscure elements of a development from
adjacent sites.
SEMINUDE or SEMINUDE CONDITION
The showing of the human male or female genitals, pubic area,
vulva or anus with not more than a complete opaque covering or the
showing of the female breast with not more than a complete opaque
covering of any part of the nipple or areola.
SETBACK
A specified horizontal distance between two actual or imaginary
features (e.g., property boundary lines, ordinary high-water mark,
structures, wells, and septic systems).
SEWAGE SLUDGE
The residue matter resulting from the treatment of sewage.
SHARED PARKING
One or more parking spaces that partially or entirely meet
the parking requirements of two or more land uses.
SITE PLAN
A drawing of a subject property that shows existing and proposed
conditions and other features required by this chapter. (Also see
"plan of operation" and "landscaping plan.")
SITE-BUILT HOME
A dwelling unit that meets the Wisconsin Uniform Dwelling
Code standards and which was largely constructed on site. Also known
as a "conventional home" or "stick-built home."
SPECIFIED ANATOMICAL AREAS
The human male genitals in a discernibly turgid state, even
if completely and opaquely covered, or less than completely and opaquely
covered human genitals, pubic region, vulva, anus, or the nipple and
areola of the human female breast.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
(1)
Showing of human genitals in a state of sexual stimulation or
arousal;
(2)
The fondling or erotic touching of human genitals, pubic region,
anus, or female breasts;
(3)
The act of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, or cunnilingus; or
(4)
Excretory functions as part of, or in connection with, any of
the activities set forth above.
SPORT COURT
A hard-surfaced area located out of doors used exclusively
for basketball, tennis, or other similar sports-related activity.
This term does not include any portion of a driveway that is also
used as a basketball court.
STATE
The State of Wisconsin.
STOOP
A raised platform in front of an entrance to a building with
one or more steps.
STOP-WORK ORDER
An order issued by a municipal government requiring the cessation
of an activity that violates a building code or zoning code.
STORMWATER
Water from a rainfall event or melting snow or ice.
STREAM
A natural body of running water flowing continuously or intermittently
in a channel on or below the surface of the ground.
STREET
A public accessway within a public right-of-way or an easement.
STREET TERRACE
That area between the back of a curb (or the edge of pavement
where there is no curb) and the property boundary line.
STRUCTURAL ALTERATION
Any change in a supporting member of a structure such as
foundation, bearing wall, column, beam or girder, footing, or pile,
or any substantial change in the roof structure or in an exterior
wall. (In contrast see "ordinary maintenance and repair.")
STRUCTURE
A man-made object with form, shape, and utility that is either
permanently or temporarily placed on or into the ground, a streambed,
or a lake bed or on another structure. Examples include buildings,
decks, patios, stoops, play structures, swimming pools, hot tubs,
bridges, storage tanks, fences, towers, flagpoles, utility poles,
pipelines, transmission lines, smokestacks, and signs.
SUBSTANDARD LOT
A lot, with or without a structure, having a lesser dimension
or area, or both, than what is required for the zoning district in
which it is located.
TATTOO
To insert pigment under the surface of the skin of an individual
by pricking with a needle or other instrument or technique so as to
produce an indelible mark or figure through the skin.
TATTOOIST
An individual who tattoos another upon his or her request.
TOWER
A structure that is designed and constructed primarily for
the purpose of supporting one or more antennas, including self-supporting
lattice towers, guyed towers, and monopole towers. The term includes
personal communication service towers, radio and television transmission
towers, microwave towers, common carrier towers, cellular telephone
towers, and alternative tower structures.
TOWER SITE
The area encompassing a tower and all supporting equipment,
structures, paved or graveled areas, fencing and other items used
in connection with the tower.
TRELLIS
A structure consisting of lattice with supporting posts and
rails often supporting vines or other plants and used for aesthetic
purposes or as a visual screen or barrier, or both.
U.S. ARMY CORPS OF ENGINEERS
A federal agency within the U.S. Department of Defense that
serves the armed forces and the nation by providing vital engineering
services and capabilities, as a public service, across the full spectrum
of operations, from peace to war, in support of national interests.
VARIANCE
A grant of relief from the strict application of a rule or
regulation that would permit development in a manner otherwise prohibited.
VERTICAL OFFSET
A jog in an exterior wall of a building so that one of the
wall's surfaces is in front of another (Exhibit 3-9).
Exhibit 3-9
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VILLAGE
All references within this chapter to "Village" shall be
interchangeable with Village of Fox Crossing unless the context clearly
indicates otherwise.
VILLAGE BOARD
The body of elected Trustees as established in Chapter
5 of the Municipal Code.
VISION CLEARANCE TRIANGLE
A triangle formed at the intersection of two streets or at
the intersection of a street and a driveway within which the type
and placement of structures and vegetation are controlled to ensure
adequate sight distances for pedestrians and motorists.
(1)
At the intersection of two public streets, the vision clearance
triangle shall be formed by measuring 30 feet back from the point
of intersection of the front and exterior side lot lines and connecting
the points so to form a triangle on the area of the lot adjacent to
the street intersection (Exhibit 3-10).
Exhibit 3-10
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(2)
At the intersection of a public street and a private accessway
(except for single-family residential accessways), the sight triangle
shall have sides of 15 feet along the accessway and 25 feet along
the public street (Exhibit 3-11).
Exhibit 3-11
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WATERCRAFT
Any device used and designed for navigation on water.
WETLAND
An area that is inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
WHARF
A 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 hoist or boat lift, and the hoist
or lift may be permanent or may be removed. (Also see "pier.")
YARD
The area of a lot that is required to be unoccupied and unobstructed
from the ground upward, except by trees, shrubbery, or as otherwise
provided in this chapter.
YARD, FRONT
A yard as described for each of the following types of lots:
(1)
Interior lot: That area that extends across the front of a lot
from side lot line to side lot line and from the front lot line to
the front of the principal building;
(2)
Corner lot: That area that extends across the front of a lot
between the side lot lines from the front lot line to the front of
the principal building; and
(3)
Double frontage lot: If access restricted, that area that extends
across the front of a lot from side lot line to side lot line and
from the front lot line to the front of the principal building, or
if not access restricted, that area that extends from side lot line
to side lot line and from both front lot lines to the front and rear
of the principal building. (Also see "lot line, front.")
YARD, REAR
A yard as described for each of the following types of lots:
(1)
Interior lot: That area that extends across the rear of a lot
from side lot line to side lot line and from the rear lot line to
the rear of the principal building; and
(2)
Corner lot: That area that extends between the side yard abutting
the street right-of-way and the opposing side lot line and from the
rear lot line to the rear of the principal building.
YARD, SIDE
A yard as described for each of the following types of lots:
(1)
Interior lot: The area that extends between the front yard and
rear yard from the side lot line to the side of the principal building;
(2)
Corner lot, street side side yard: That area that extends from
the front yard to the rear lot line and from the side lot line to
the side of the principal building; and
(3)
Double frontage lot: If access restricted, same as interior
lot; if not access restricted, that area that extends between the
front yards from the side lot line to the side of the principal building.
ZONING ADMINISTRATOR
The Director of Community Development shall perform the duties
of the Zoning Administrator as enumerated in this chapter and as authorized
by state law.
ZONING DISTRICT, BASE
A type of zoning district that establishes uniform regulations
for the use and development of land.
ZONING DISTRICT, OVERLAY
A type of zoning district that is superimposed over one or
more base zoning districts, or portions thereof, and which imposes
additional requirements, modifies existing requirements of the underlying
base zoning district, or both.
ZONING PERMIT
A written permit issued for a specified parcel of land prior
to the issuance of a building permit to ensure that the proposed use
is consistent with the zoning requirements of the zoning district
in which it is to be located.