[Ord. No. 19-2020, 6-8-2020]
This division establishes rules for measuring compliance with
zoning chapter regulations and describes exceptions to some of the
regulations.
[Ord. No. 19-2020, 6-8-2020]
When calculations required under this zoning chapter result
in fractions, the results must be rounded as follows:
(a)
Minimum requirements.
(1)
When calculating minimum off-street parking requirements, any
fractional result of less than one-half is rounded down to the whole
number and any fractional result of one-half or more is rounded up
to the next consecutive whole number.
(2)
When a requirement other than off-street parking is expressed
as a minimum requirement, any fractional result must be rounded up
to the next consecutive whole number.
(b)
Maximum limits. When a regulation is expressed as a maximum
limit, any fractional result must be rounded down to the preceding
whole number. For example, if a maximum limit of 3.33 parking spaces
per 1,000 square feet of floor area is applied to an 8,000 square
foot building, the resulting fraction of 26.64 is rounded down to
26 allowed parking spaces. This provision is not to be interpreted
as allowing fractional results to be rounded down when determining
compliance with percentage-based limits. For example, if maximum allowed
lot coverage is 45%, a lot with 45.33% coverage is not considered
to be in compliance.
[Ord. No. 19-2020, 6-8-2020]
Lot area is measured as the total ground-level surface area
contained within the lot lines of a lot but not including any area
occupied by the waters of a duly recorded lake or river and/or public
right-of-way.
[Ord. No. 19-2020, 6-8-2020]
Lot width is the horizontal distance between the side lot lines
of a lot, measured along the minimum front setback line. If no minimum
front setback is required, lot width is measured long the front lot
line.
[Ord. No. 19-2020, 6-8-2020]
Lot frontage is measured between side lot lines of a lot along
the front lot line.
[Ord. No. 19-2020, 6-8-2020]
Building coverage is the total area of a lot covered by principal
and accessory buildings.
[Ord. No. 19-2020, 6-8-2020]
Imperious coverage is the total area of a lot covered by impervious
surfaces, including principal and accessory buildings and structures,
driveways, sidewalks, patios, parking lots and swimming pools.
[Ord. No. 19-2020, 6-8-2020]
The sum of the gross, horizontal areas of the several floors
of the building measured from the exterior faces of the exterior walls
or from the center line of walls separating two buildings. The floor
area of a building includes basement floor area, elevator shafts and
stairwells at each floor, floor space used for mechanical equipment
(except equipment, open or enclosed, located on the roof), penthouses,
attic space having headroom of seven feet 10 inches or more, interior
balconies and mezzanines, enclosed porches, and floor area devoted
to accessory uses. However, any space devoted to off-street parking
or loading is not counted as floor area.
[Ord. No. 19-2020, 6-8-2020]
(a)
Measurements.
(1)
Required building setbacks are measured from the applicable
lot line, right-of-way, or specific location referred to in the applicable
regulation. Building setbacks are measured to the nearest exterior
building wall. Minimum setbacks that apply to other features (parking
areas, fences, storage areas) are measured from the nearest point
of the area or feature for which a setback is required. Unless otherwise
expressly stated, no part of any structure may be located within the
street right-of-way.
(2)
Street (front and street-side) setbacks are measured from the
right-of-way line of the street. For lots without frontage on a public
street, street setbacks are measured starting at a point one foot
back of the outer edge of the improved surface of the private street,
multi-use pathway, or sidewalk that lies nearest to the principal
building.
(3)
Interior side setbacks are measured from the nearest side lot
line that does not abut a street.
(4)
Rear setbacks are measured from the rear lot line.
(5)
On double-frontage lots, the required front setback must be
provided from both streets.
(6)
Structures not classified as buildings and six inches or more
in height from the surface of the ground are subject to the setback,
regulations of this zoning chapter, unless otherwise expressly stated.
(7)
When local, state or federal regulations (e.g, setbacks from
state or federal roads or building and electric code requirements)
impose a greater required setback than established in this chapter,
the greater setback regulation applies.
(b)
Exceptions.
(1)
Structures not classified as buildings and less than six inches
in height from the surface of the ground are not subject to the setback
regulations of this zoning chapter, unless otherwise expressly stated.
(2)
Eaves or roof overhangs may encroach into any required setback,
provided that such features are set back at least three feet from
lot lines.
(3)
The following structures are permitted within required zoning
district setbacks: highway and traffic signs, public utility lines
and poles, walls and fences, mailboxes, signs.
(4)
Walks, drives, paved terraces and decorative yard accessories,
such as fountains, pools, statuary, flagpoles, clothesline poles,
children's play apparatuses, etc., are permitted within required zoning
district setbacks but must be set back at least two feet from an abutting
property line. Walks, drives and paved terraces may abut property
lines abutting a street or alley.
(5)
Fences, walls, and architectural screening devices, when anchored
to ground-mounted supports, are considered permanent structures.
(6)
Retaining walls are permitted in any location on a lot, provided
that retaining walls must be set back at least three feet from lot
lines.
(c)
Setbacks on irregular lots. Setbacks are measured from lot lines
towards the center of the lot, except as follows:
(1)
When lot lines are curvilinear, setbacks are measured parallel
to the curvilinear lot line.
(2)
When there are multiple rear lot lines, the rear setback is
measured from each of the rear lot lines.
(3)
When there is no rear lot line, the rear setback must be measured
as a radial distance from the intersection of side lot lines at the
rear of the lot.
Figure 90-610-1
Setbacks on Irregular Lots
|
(d)
Contextual building setbacks. When existing buildings on one
or more abutting lots are closer to the street (front or street side)
property line than the otherwise required minimum setback, additions
to existing buildings or construction of new buildings on the subject
lot may comply with the average street yard depth that exists on the
nearest two lots on either side of the subject lot instead of complying
with the zoning district's minimum street setback requirement.
(1)
Existing average street yard depths must be based on the front
corners of the buildings on the lots used in the contextual setback
determination that are nearest to the subject lot.
(2)
If one or more of the lots required to be included in the average
setback calculation is vacant, the vacant lot is deemed to have a
street yard depth equal to the minimum front street setback of the
subject zoning district.
(3)
Lots with frontage on a different street than the subject lot
or that are separated from the subject lot by a street or alley are
not used in computing the average setback.
(4)
The contextual setback provisions of this subsection may not
be used to reduce the front setback for a street-facing garage door
to less than 20 feet from the back of the sidewalk or less than 20
feet from the street right-of-way.
Figure 90-610-2
Contextual Setbacks
|
[Ord. No. 19-2020, 6-8-2020]
(a)
All on-site (off-street) parking spaces must be located behind
any applicable parking setback line. This requirement applies whether
such spaces are located in a surface (open-air) parking lot or in
a parking structure. Parking setbacks do not apply to on-street parking
spaces, parking spaces located in an underground structure or parking
spaces located above the ground floor.
(b)
Required parking setbacks are measured in accordance with §
90-610.90(a).
[Ord. No. 19-2020, 6-8-2020]
(a)
The build-to zone is the area on the lot where all or a portion
of the street-facing building facade must be located, established
as a minimum and maximum setback range.
(b)
The street-facing building facade must be located in and extend
along the length of the build-to zone for a minimum distance equal
to a percentage of the width of the lot, as required by specific provisions
of this zoning chapter. The required minimum percentage is calculated
by dividing the width of the building facade located within the build-to
zone by the width of the lot. For purposes of this calculation, the
width of the lot is the narrowest width of the lot within the build-to
zone.
(c)
Awnings, steps, porches, balconies, and building mounted signs
may extend beyond the build-to zone.
(d)
On corner or other non-standard-shaped lots in all zoning districts,
the Community Development Director is authorized to designate which
street is the primary street and which street is the secondary or
side street. The primary street designation must be based on consideration
of the following criteria:
[Amended 4-26-2021 by Ord. No. 09-2021]
(1)
The street with the highest functional street classification;
(2)
The street that the lot takes its address from;
(3)
The street parallel to an alley within the block;
(4) The orientation of the lot and home; and
(5) The orientation of neighboring lots and homes.
(e)
On corner lots, the building must be within the required build-to
zone for the first 25 feet extending from the intersection of the
two street rights-of-way.
[Ord. No. 19-2020, 6-8-2020]
(a)
Transparency regulations govern the percentage of a street-facing
building facade that must be covered by glazed elements (e.g., transparent
windows and doors).
(b)
Unless otherwise expressly stated, the transparency of a ground-floor
facade is measured between 2.5 feet and eight feet above the adjacent
curb.
(c)
The transparency of an upper-story facade is measured from top
of the finished floor to the top of the finished floor above. When
there is no floor above, upper-story transparency is measured from
the top of the finished floor to the top of the wall plate.
(d)
Glazed elements used to satisfy minimum transparency requirements
must be clear and nonreflective and not be painted or tinted (transparent,
low-emissivity glass is permitted).
[Ord. No. 19-2020, 6-8-2020]
(a)
Required street-facing building entrances must provide ingress
and egress for residents and customers. Additional entrances off another
street, pedestrian area or internal parking area are also permitted.
(b)
An angled entrance may be provided at any corner of a building
along the street to meet street-facing entrance requirements.
[Ord. No. 19-2020, 6-8-2020]
Floor-to-ceiling height is measured from the finished floor to the ceiling immediately above. At least 50% of the enclosed ground floor area must comply with established floor-to-ceiling height requirements and all of the first 20 feet of building depth, measured from the principal street-facing facade, must comply with established floor-to-ceiling height requirements. Buildings in existence or that were the subject of an approved building permit before the effective date specified in §
90-10.30 are exempt from floor-to-ceiling height requirements.
[Ord. No. 19-2020, 6-8-2020]
(a)
Measurement. Building height is measured as the vertical distance
from the average ground elevation along the front, exterior building
wall to the highest point of the subject building. For purposes of
measuring height:
(1)
The average ground elevation is the midpoint between the highest
and lowest ground elevations along the exterior building wall; and
(2)
The highest point of the building is the coping of a flat roof,
the deckline of a mansard roof or shed roof, or the peak of the highest
gable of a gambrel, hip or pitch roof. For buildings without a roof,
height is measured to the highest point of the structure.
(b)
Exceptions.
(1)
Farm buildings and farm-related structures are not subject to
building height limits.
(2)
Chimneys, elevators, equipment penthouses, monitors, cooling
towers and ventilators may exceed maximum building height limits,
provided that they are not intended for human occupancy and they do
not extend more than 25 feet above the top of the principal structure
to which they are attached.
(3)
Belfries, clock towers, cupolas, domes, flagpoles and spires
may exceed maximum building height limits, provided that they are
not intended for human occupancy and they are not more than 50% taller
than the applicable height limit.
[Ord. No. 19-2020, 6-8-2020]
(b) Fences and walls. The height of fences and walls is measured as the
vertical distance from the average finished grade on the inside of
the fence to the top of the fence or wall. Fences atop walls or landscape
features (e.g., raised beds) are measured to average finished grade
at the base of the wall or landscape feature. The following may extend
a up to 12 inches above the maximum fence height limits:
(2) Fence column and other supporting structures.
(3) Lights or ornamentation mounted on any column, post, or supporting
structure of a fence or wall.
(c) Other structures. The height of structures other than buildings,
fences or walls is measured as vertical distance from the average
finished grade at the base of the structure to the highest point of
the structure. Unless otherwise expressly stated, the height of a
structure may not exceed the maximum building height allowed in the
subject zoning district.
[Ord. No. 19-2020, 6-8-2020]
For the purpose of determining compliance with any noise limits
expressed in db(A) (A-weighted decibels), the noise must be measured
on the A-weighting scale on a sound level meter of standard design
and quality having characteristics established by the American National
Standards Institute.
[Ord. No. 19-2020, 6-8-2020]
For the purpose of determining compliance with standards or
requirements based on building occupancy or capacity, calculations
must be based on the building code.
[Ord. No. 19-2020, 6-8-2020]
[Ord. No. 19-2020, 6-8-2020]
See Division 90-320 for an explanation of the use categorization
system used in this zoning chapter and for use type definitions.
[Ord. No. 19-2020, 6-8-2020]
See Division 90-610.
[Ord. No. 19-2020, 6-8-2020]
Table 90-620-1
Abbreviations
|
BFE
|
Base flood elevation
|
BTZ
|
Build-to zone
|
DNR
|
Wisconsin Department of Natural Resources
|
FEMA
|
Federal Emergency Management Agency
|
FIS
|
Flood insurance study
|
ft.
|
Feet
|
LID
|
Low-impact development
|
max.
|
Maximum
|
min.
|
Minimum
|
RFE
|
Regional flood elevation
|
sq. ft.
|
Square feet
|
ZBA
|
Zoning Board of Appeals
|
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
A ZONES
Those areas shown on the Official Floodplain Zoning Map that
would be inundated by the regional flood. These areas may be numbered
or unnumbered A Zones. The A Zones may or may not be reflective of
flood profiles, depending on the availability of data for a given
area.
ADJACENT
Lying near or in the immediate vicinity.
AGENT
A person duly authorized to act on behalf of the owner of
the subject property.
AGGRIEVED or PERSON AGGRIEVED
[Added 9-25-2023 by Ord. No. 19-2023]
(a)
The person who submitted the application for an approval.
(b)
A person that has an ownership interest in the real property
that is the subject of the application for an approval.
(c)
A person that, as a result of the final decision on the application
for an approval, sustains actual damages or will imminently sustain
actual damages that are personal to the person and distinct from damages
that impact the public generally. A person under this subsection may
not seek review under this section unless, prior to the final decision
on the approval, the person provided a statement in writing on the
approval to the political subdivision or agency of the political subdivision
or appeared and provided an oral statement at a public proceeding
held by the political subdivision or agency of the political subdivision
at which the approval was considered.
(d)
A person, other than an individual, that satisfies all of the
following conditions:
(1)
The person has as a member, partner, or stockholder at least
one person described under Subsection (a), (b) or (c).
(2)
The person was not organized or incorporated in response to
the application.
(e)
A local governmental unit, as defined in Wis. Stats. § 66.0131(1)(a).
(f)
To the extent authorized by law, a state agency, as defined
in Wis. Stats. § 20.931(1)(c), that is aggrieved by the
final decision on the application for approval.
AH ZONE
See "area of shallow flooding."
ALLEY
A special public right-of-way affording only secondary access
to abutting properties, typically at the rear or sides.
ALTERATION
An enhancement, upgrading or substantial change or modification
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air-conditioning and other systems within a
structure.
AO ZONE
See "area of shallow flooding."
APPLICANT
The owner of the subject property or an agent authorized
by the subject property owner to submit an application on the owner's
behalf.
AREA OF SHALLOW FLOODING
A designated AO, AH, AR/AO, AR/AH or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where the velocity flood may be evident. Such flooding is characterized
by ponding or sheet flow.
AWNING
A roof-like structure typically made of cloth, metal or other
material, attached to a frame that extends from and is supported by
a building. Awnings are typically erected over a window, doorway or
building front, and they may be raised or retracted to a position
adjacent to the building.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year, as published by FEMA as part of a FIS and depicted
on a FIRM.
BASEMENT
Any enclosed area of a building having its floor subgrade,
i.e., below ground level, on all sides.
BERM
A vegetated, elongated earthen mound.
BIORETENTION
The use of soil and plants to remove pollutants from stormwater
runoff.
BLOCK FACE
All lots abutting one side of a street between the two nearest
intersecting streets.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
[Added 9-25-2023 by Ord. No. 18-2023]
BUILDING
A structure that is permanently affixed to the land, with
or without a roof, or walls on all sides, and used or intended for
supporting or sheltering any use or occupancy.
BUILDING FACADE
That portion of a building that is parallel or nearly parallel
to the abutting street.
BUILDING, PRINCIPAL
A building or combination of buildings of chief importance
or function on a lot. In general, the principal use of the property
is carried out in the principal building.
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 that 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 division.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
CALIPER
The diameter of the tree trunk measured at a point six inches
above the root ball or soil level.
CAMPGROUND
Any parcel of land that is designed, maintained, intended
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or that is advertised or represented
as a camping area.
CAMPING TRAILER
Any shelter designed to provide sleeping, eating and living
quarters, and designed to be transported on wheels from place to place,
but shall be less than 20 feet in length. Any such shelter that exceeds
20 feet shall be considered a house trailer, and if the wheels have
been removed, it shall be construed as a permanent dwelling structure.
CAMPING UNIT
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pickup truck, or tent that is fully
licensed, if required, and ready for highway use.
[Amended 9-25-2023 by Ord. No. 18-2023]
CERTIFICATE OF COMPLIANCE
A certification that the construction and the use of land
or a building, the elevation of fill or the lowest floor of a structure
is in compliance with all applicable provisions of this zoning chapter.
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
CHARACTER
Any letter of the alphabet or any numeral.
COASTAL FLOODPLAIN
An area along the coast of Lake Michigan or Lake Superior
which is inundated by the regional flood and which is also subject
to additional hazard due to wave runup.
[Added 9-25-2023 by Ord. No. 18-2023]
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast, and
any other area subject to high velocity wave action from storms.
[Added 9-25-2023 by Ord. No. 18-2023]
COLD FRAME
An unheated structure no more than four feet in height used
for protecting seedlings and plants from the cold.
CONDITIONAL USE
A use requiring conditional use approval in accordance with
Division 90-550.
CONSERVATION STANDARDS
The guidelines and specifications for soil and water conservation
practices and management enumerated in the technical guide prepared
by the USDA Soil Conservation Service for Racine County, adopted by
the County Soil and Water Conservation District Supervisors, and containing
suitable alternatives for the use and treatment of land, based upon
its capabilities, from which the landowner selects the alternative
that best meets his needs in developing his soil and water conservation
plan.
CRAWLWAYS or CRAWL SPACE
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing
and electrical utilities.
CURB LEVEL
The average (mean) level of the established curb along the
street frontage of the subject lot. Where no curb has been established,
the Village Engineer is authorized to establish such curb level or
its equivalent.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
DECK
An unenclosed exterior structure that has no roof or sides,
but has a permeable floor that allows the infiltration of precipitation.
DEVELOPMENT
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
DRY LAND ACCESS
A vehicular access route that is above the regional flood
elevation and that 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.
DUMPSTER
A container with a capacity of more than 1.5 cubic yards
or a height of more than 4.5 feet that is designed for receiving,
transporting, and depositing waste materials produced by uses that
are on the subject site. Dumpsters are typically designed to be hoisted
and emptied into a garbage truck.
DWELLING UNIT
A room or group of rooms that is arranged, intended or designed
to be occupied as sleeping, eating and living quarters for a single
individual or household.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets, either partially
or exclusively on electrical energy from the grid or an off-board
source that is stored on-board via a battery. "Electric vehicle" includes:
1) battery electric vehicles; and 2) plug-in hybrid electric vehicles.
ELECTRIC VEHICLE CHARGING STATION, PRIVATE (RESTRICTED-ACCESS)
An EV charging station that is not available for use by the
general public. Examples include electric vehicle charging stations
that serve residential homeowners or renters, executive parking areas,
designated employee parking areas and fleet parking areas.
ENCROACHMENT
Any fill, structure, equipment, building, use or development
in the floodway.
ESSENTIAL SERVICES
Services provided by public and private utilities that are
necessary for the exercise of the principal use or service of the
principal structure. Such services include underground, surface or
overhead gas, electrical, steam, water, sanitary sewerage, stormwater
drainage and communication systems, and accessories thereto, such
as poles, towers, wires, mains, drains, vaults, culverts, laterals,
sewers, pipes, catch basins, underground water storage tanks, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, pumps,
lift stations and hydrants, but not including buildings.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
division. At a minimum, this includes the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading, or the pouring if concrete
pads.
EXTRACTIVE OPERATIONS
The removal of rock, slate, gravel, sand, topsoil or other
natural material from the earth by excavating, stripping, leveling
or any other process.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
FENCE
A human-made barrier constructed of wood, iron, stone, or
other material erected for the purpose of protection, confinement,
enclosure, or privacy.
FLOOD FREQUENCY
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
[Amended 9-25-2023 by Ord. No. 18-2023]
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.
FLOOD INSURANCE STUDY
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A
Zones. Flood insurance rate maps that accompany the flood insurance
study form the basis for both the regulatory and the insurance aspects
of the National Flood Insurance Program.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
(a)
The overflow or rise of inland waters;
(b)
The rapid accumulation or runoff of surface waters from any
source;
(c)
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
(d)
The sudden increase caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
FLOOD PROFILE
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
FLOOD PROTECTION ELEVATION
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see "freeboard.")
[Amended 9-25-2023 by Ord. No. 18-2023]
FLOOD STORAGE
Those floodplain areas where storage of floodwaters has been
taken into account during analysis in reducing the regional flood
discharge.
FLOODFRINGE
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.
[Amended 9-25-2023 by Ord. No. 18-2023]
FLOODPLAIN
Land that has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe,
and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN ISLAND
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
FLOODPLAIN MANAGEMENT
Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
FLOODPROOFING
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
FLOODWAY
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
FOOTCANDLE
A measure of illumination; the amount of light falling onto
a surface. One lumen of light, shining evenly across one square foot
of surface, illuminates that surface to one footcandle.
FREEBOARD
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
FRONTAGE, STREET
The dimension of a lot abutting a public street, measured
along the setback line.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
GARAGE
A structure primarily intended and used for the enclosed
storage or shelter of the motor vehicles of the individuals who reside
on the premises. Carports are considered garages within this definition.
GARAGE, ATTACHED
A garage, the roof of which is attached to the principal
building.
GRADE, ESTABLISHED
The elevation of the finished street at the center line or
curb as fixed by the engineer or by such authority as shall be designated
by law to determine such elevation.
GRADE, FINISHED
The vertical location of the ground or pavement surface after
site grading work is completed in accordance with an approved plan.
GREEN ROOF
An extension of an above-grade building roof that includes
at least a waterproof membrane, a root repellent system, a drainage
system, a filtering layer, soil with a minimum depth of three inches
and native or naturalized plants. Also commonly referred to as a "vegetated
roof."
GROUND-FLOOR LEVEL
The lowest level of a building that is at or above grade
for at least 50% of its interior floor-to-ceiling height.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
HABITABLE STRUCTURE
Any structure, or portion of which. that is used or designed
for human habitation.
HEDGE
A dense row of shrubs forming a boundary fence or barrier.
HIGH FLOOD DAMAGE POTENTIAL
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is either:
(a)
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(b)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(c)
Individually listed on a state inventory of historic places
in states with historic preservation programs that have been approved
by the Secretary of the Interior; or
(d)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior, or by the Secretary of the Interior in
states without approved programs.
HOME OCCUPATION
An accessory use of a dwelling unit for business or commercial purposes. Home occupations are subject to the regulations of §
90-330.60.
HOME OR HOUSEHOLD OCCUPATION
A gainful occupation conducted only by members of the family
entirely within buildings at the place of residence, but not exceeding
25% of the floor area, where the space used is incidental to the residential
use and does not adversely affect the exterior residential character
of the premises, and the principal service or article offered for
sale is produced on the premises. No such use shall normally require
the coming of the customer or client to the premises, or his presence
upon the premises while the service is being performed. Any machinery
or equipment used shall not create noise or other nuisance factors
beyond what is typical to a residential area, and a nonilluminated
nameplate sign shall be allowed but shall be limited to one square
foot. Unless prohibited by district regulations, such uses shall be
accessory uses by right.
HOOP HOUSE
A temporary or permanent structure typically made of flexible
pipe or other material covered with translucent plastic, constructed
in a half-round or hoop shape, for the purposes of protecting and
cultivating plants. A hoop house is considered more temporary than
a greenhouse.
HOUSE TRAILER
A structure designed to be a dwelling unit that can be moved
from place to place on wheels. As defined in § 66.0435,
Wis. Stats., the term "dependent unit" means a structure not having
its own plumbing facilities, whereas an independent unit has plumbing
as well as heating and cooking facilities ready for hookup to utility
connections. (See also the definitions of the terms "mobile home"
and "camping trailer.")
HOUSEHOLD
One or more persons related by blood, adoption or marriage,
or not to exceed three persons not so related, occupying a premises
and living as a single housekeeping unit, as distinguished from a
group of individuals occupying a group living use.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
INCREASE IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation,
greater than 0.00 foot, based on a comparison of existing conditions
and proposed conditions that is directly attributable to development
in the floodplain but not attributable to manipulation of mathematical
variables, such as roughness factors, expansion and contraction coefficients
and discharge.
INOPERABLE VEHICLE
Any motor vehicle from which, for a period of seven days,
the engine, wheels, or other parts have been removed, or in which
the engine, wheels, or other parts have been altered, damaged, or
otherwise modified so that the vehicle is incapable of being driven
under its own motor power. "Inoperable motor vehicle" does not include
a motor vehicle that has been rendered temporarily incapable of being
driven under its own motor power solely to perform ordinary service
or repair operations.
[Ord. No. 19-2020, 6-8-2020]
(Reserved)
[Ord. No. 19-2020, 6-8-2020]
(Reserved)
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
LAND USE
Any nonstructural use made of unimproved or improved real
estate. (See also "development.")
LAWFULLY ESTABLISHED
A use, structure, lot or sign (as the context indicates)
that was established in conformance with all applicable zoning code
regulations in effect at the time of its establishment.
LINER BUILDING
A building or portion of a building that is specifically
designed to mask a parking garage or structure from frontage on a
public street and that consists of habitable floor space.
LOADING AREA, OFF-STREET
The area on a lot or within a building designed to accommodate
a parked truck in a space or berth for the loading or unloading of
freight carriers having adequate ingress and egress to a public street
or alley.
LOT
A single parcel of contiguous land occupied or intended to
be occupied by such structures and uses as permitted under this zoning
chapter, together with the open spaces required by this zoning chapter,
and abutting on a public street or officially approved way.
LOT LINE
The lines forming the boundaries of a lot.
LOT LINE, FRONT
The boundary of a lot that abuts the street. Unless otherwise
expressly stated, the Community Development Director is authorized
to determine which lot line is the front lot line on corner lots.
LOT LINE, SIDE
Any boundary of a lot that is not a street lot line or a
rear lot line.
LOT LINE, STREET
The boundary of a lot that abuts a street. A lot may have
more than one street lot line, and a street lot line may also be a
front lot line.
LOT, CORNER
A lot having frontage on at least two public streets at the
intersection of such streets.
LOT, DOUBLE FRONTAGE
A lot having frontage on two streets, other than at the street
intersection, and the streets typically being along the front and
rear lot lines.
LOW-IMPACT DEVELOPMENT (LID)
An approach to land development (or redevelopment) that works
with nature to manage stormwater as close to its source as possible.
LID employs principles such as preserving and recreating natural landscape
features, minimizing impervious area to create functional and appealing
site drainage features that treat stormwater as a resource rather
than a waste product. Common LID practices include bioretention facilities,
rain gardens, green roofs, rain barrels or cisterns, and permeable
paving.
LOWEST ADJACENT GRADE
The elevation of the lowest ground surface that touches any
of the exterior walls of a building.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An enclosed space as provided in §
90-490.50(c)(2), Standards for development in the Coastal Floodplain District, is not considered the building's lowest floor.
[Added 9-25-2023 by Ord. No. 18-2023]
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
MAINTENANCE
The act or process of restoring to original soundness, including
redecorating, refinishing, nonstructural repairs, or the replacement
of existing fixtures, systems or equipment with equivalent fixtures,
systems or structures.
MANUFACTURED HOME
A structure transportable in one or more sections, that is
built on a permanent chassis and is designed to be used with or without
a permanent foundation when connected to required utilities. The term
"manufactured home" includes a mobile home but does not include a
"mobile recreational vehicle."
MOBILE HOME
A structure designed to be a dwelling unit, that is manufactured
and totally assembled in a factory and then transported to a lot or
site for placement on a foundation and hookup to essential utility
services for permanent habitation. Any such structure from which its
wheels have been removed shall be construed to be a permanent structure
for purposes of this chapter.
MOBILE RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
MOBILE STORAGE UNIT, TEMPORARY
A mobile, fully enclosed container that is specifically designed
and used for the temporary storage of household goods, wares, and
materials for the purpose of moving, relocation, or temporary storage
during construction. This definition does not include a shipping or
cargo container, modified or otherwise.
MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING
A parcel of land, divided into two or more manufactured home
lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this
chapter. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading, or pouring of concrete pads.
MODEL, CORRECTED EFFECTIVE
A hydraulic engineering model that corrects any errors that
occur in the duplicate effective model, adds any additional cross
sections to the duplicate effective model, or incorporates more detailed
topographic information than that used in the current effective model.
MODEL, EFFECTIVE
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
MODEL, EXISTING (PRE-PROJECT)
A modification of the duplicate effective model or corrected
effective model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is requested.
If no modification has occurred since the date of the effective model,
then this model would be identical to the corrected effective model
or duplicate effective model.
MODEL, REVISED (POST-PROJECT)
A modification of the existing or pre-project conditions
model, duplicate effective model or corrected effective model to reflect
revised or post-project conditions.
MODERATE WAVE ACTION AREA (MoWA)
A special flood hazard area subject to the potential for
breaking wave heights of greater than or equal to 1.5 feet, but less
than three feet, where the primary source of flooding is astronomical
tides, storm surges, seiches, and/or tsunamis. A MoWA is an area within
Zone AE on a FIRM that is between the inland limit of Zone VE and
a limit of moderate wave action, where identified. (Also known as
"Coastal A Zone.")
[Added 9-25-2023 by Ord. No. 18-2023]
MOTOR VEHICLE
Any licensed passenger vehicle, truck, truck-trailer, trailer,
or semitrailer propelled or drawn by mechanical power.
MULTITENANT DEVELOPMENT
A development typically under unified ownership and control
consisting of two or more business establishments, which may be on
the same lot or on separate lots. The tenants of multitenant development
typically share vehicle access and parking facilities.
MUNICIPALITY or MUNICIPAL
The county, city, or village governmental units enacting,
administering, and enforcing this Zoning Ordinance.
[Added 9-25-2023 by Ord. No. 18-2023]
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
NEW CONSTRUCTION
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
[Amended 9-25-2023 by Ord. No. 18-2023]
NONCONFORMITY
A nonconforming lot, nonconforming use, nonconforming structure,
nonconforming development features or nonconforming sign.
NONFLOOD DISASTER
A fire or an ice storm, tornado, windstorm, mudslide, or
other destructive act of nature, but excludes a flood.
[Added 9-25-2023 by Ord. No. 18-2023]
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
OBSTRUCTION TO FLOW
Any development that blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
OPEN SPACE
An occupied space, open to the sky, on the same lot with
the building, and not used for parking or driveway purposes. Roof
terraces shall not be counted as open space unless the access thereto,
design of the terrace and similar factors deemed pertinent by the
Plan Commission have been approved by the Plan Commission in each
instance.
OPEN SPACE USE
Those uses having a relatively low flood damage potential
and not involving structures.
OPEN-AIR USES
Uses of land that do not involve buildings or that involve
buildings that are incidental and accessory to the open-air use of
the lot. Typical examples include storage yards, vehicle impound yards,
auto wrecking and junkyard uses.
ORDINARY HIGH-WATER MARK
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.
OUTDOOR RECREATIONAL FACILITIES
Land and structures, along with accessory equipment, designed
and utilized for leisure time activities of a predominately outdoor
nature and/or a more specific purpose than passive parklike open areas,
and further classified as follows:
(a)
PRIVATE COMMERCIALFacilities owned and operated by an individual or group for profit as a business, whether or not such facilities are open to general public use.
(b)
PRIVATE NONCOMMERCIALFacilities owned and operated by a group for the exclusive use of the members of such group and their guests, and not for profit as a business.
(c)
PRIVATE RESIDENTIALFacilities owned by an individual, located on the same or adjoining lot as the principal residence and intended solely for the use of the household (and guests) that occupies the lot.
(d)
PUBLICFacilities owned and operated by a governmental agency for limited or general public use.
OVERLAY DISTRICT
A zoning district that overlays one or more base zoning districts
and imposes requirements in addition to those of the base district
or modifies the regulations otherwise applicable in the base zoning
district.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
PARKING LOT (OR AREA)
An off-street area containing accessory or nonaccessory motor
vehicle parking spaces and associated motor vehicle maneuvering and
circulation areas.
PERSON
An individual, or group of individuals, corporation, partnership,
association, municipality or state agency.
PRIMARY FRONTAL DUNE
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms. The inland limit
of the primary frontal dune occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
[Added 9-25-2023 by Ord. No. 18-2023]
PRINCIPAL BUILDING
A building or combination of buildings of chief importance
or function on a lot. In general, the principal use is carried out
in the principal building.
PRINCIPAL USE
A use or activity or combination of which are of chief importance
on the lot; one of the main purposes for which the land, buildings
or structures are intended, designed or ordinarily used.
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Commerce, including a substitute for the septic
tank or soil absorption field, a holding tank, a system serving more
than one structure or a system located on a different parcel than
the structure.
PUBLIC UTILITIES
Those utilities using underground or overhead transmission
lines, such as electric, telephone and telegraph, and distribution
and collection systems such as water, sanitary sewer and storm sewer.
[Ord. No. 19-2020, 6-8-2020]
(Reserved)
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
RAINWATER HARVESTING EQUIPMENT
A rain barrel, cistern or similar container that collects
and stores rainwater or other water that would otherwise be lost as
runoff.
REASONABLY SAFE FROM FLOODING
Base floodwaters will not inundate the land or damage structures
to be removed from the special flood hazard area and that any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
RECREATIONAL VEHICLE (RV)
A trailer, boat trailer, travel trailer, camping trailer,
truck camper, camper shell, motor home, tent trailer, boat, houseboat,
or similar vehicle or unit. Camper shells that are attached to a pickup
truck are not considered a recreational vehicle.
RECYCLABLE MATERIAL BINS
A container or drop box with a capacity of more than 1.5
cubic yards or a height of more than 4.5 feet that is provided for
receiving and temporary storing of recyclable paper, cans, glass and
plastics as well as clothing, shoes, books, and toys. Recyclable material
bins include both containers used by uses located on the subject site
and those used by consumers who bring their recyclables from other
(off-site) locations.
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 firm, the RFE is equivalent to the BFE.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
[Added 9-25-2023 by Ord. No. 18-2023]
SETBACK
An open, unobstructed area that is required to be provided
by this zoning chapter between a structure and a lot line.
SIGN
Any object, device, display, structure, or part thereof,
situated or visible from outdoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, designs, logos, symbols,
fixtures, colors, illumination, or projected images. The following
are not regulated as signs under this zoning chapter:
(a)
Traffic control and other government messages located within
a right-of-way.
(b)
Decorations that are incidentally and customarily associated
with any national holiday or religious holiday or with any community
festival or similar event.
(c)
Flags which do not contain a commercial message, logo, or colors.
(d)
Art works, including, but not limited to, wall murals which
do not contain a commercial message, logo, or colors, and/or which
contain pictorial representations referring to businesses, merchandise,
or products.
(e)
Building colors and lighting which do not contain a commercial
message, logo, or colors.
(f)
Interior site signs located on the interior of the grounds of
the following land uses: a passive outdoor public recreational facility,
an active outdoor public recreational facility, or an outdoor institutional
facility, which are primarily oriented to persons within the grounds.
(g)
Interior building signs located on the interior of a building
and not attached to a window, which are primarily oriented to persons
within the building.
(h)
Window displays of merchandise, pictures, or models of products
or services incorporated in a window display, which are not directly
attached to an interior or exterior window surface.
SIGN FACE
The entire display surface area of a sign upon, against or
through which copy is placed.
SIGN, HIGHWAY
A freestanding sign, integral sign or flat mounted sign that
is erected and maintained within the view of motorists who are driving
on a highway. In the Village of Mount Pleasant, these signs are limited
to parcels located within 1,000 feet of an interstate.
SIGN, ELECTRONIC CHANGEABLE-COPY
A sign or portion thereof that displays electronic text information
in which each alphanumeric character, graphic, or symbol is defined
by a small number of matrix elements using different combinations
of light-emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area. Electronic changeable-copy
signs include computer-programmable, microprocessor-controlled electronic
displays.
SIGN, ELECTRONIC GRAPHIC DISPLAY
A sign or portion thereof that displays electronic, static
images, static graphics or static pictures, with or without information,
defined by a small number of matrix elements using different combinations
of light-emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of fade, repixelization
or dissolve modes. Electronic graphic display signs include computer-programmable,
microprocessor-controlled electronic or digital displays. Electronic
graphic display signs include projected images or messages with these
characteristics projected onto buildings or other objects.
SIGN, FLASHING
A directly or indirectly illuminated sign or portion thereof
that exhibits changing light or color effect by any means so as to
provide intermittent illumination that changes light intensity in
sudden transitory bursts and creates the illusion of intermittent
flashing light by streaming, graphic bursts showing movement, or any
mode of lighting which resembles zooming, twinkling, or sparkling.
SIGN, FLAT WALL
A sign painted on a building, and any other sign, the back
of which is attached to the facade of a building and where no part
of the structure of the sign extends more than 12 inches out from
the facade, as measured near the points of attachment to the building.
SIGN, FREESTANDING
A sign which has its own base of support from the ground,
extending more than three feet in height from the ground and not attached
to a building. These include ground (or monument) signs, dual-post
(or two-pole) signs, and pylon (or highway) signs.
SIGN, GOVERNMENT
A sign that is constructed, placed or maintained by the federal,
state or local government or a sign that is required to be constructed,
placed or maintained by the federal, state or local government, either
directly or to enforce a property owner's rights.
SIGN, GROUND
A freestanding sign, not extending more than three feet in
height from the ground.
SIGN, ILLUMINATED
Any sign which contains an element designed to emanate artificial
light internally or externally.
SIGN, INTEGRAL
A sign that is embedded, extruded or carved into the material
of a building facade; a sign made of bronze, brushed stainless steel
or aluminum, or similar material attached to the building facade.
SIGN, NONACCESSORY
A sign related to commercial or similar activities, other
than the activities actually engaged in on the site on which such
nonaccessory sign is located. Such signs are also known as "billboards"
and "off-premises advertising signs."
SIGN, ON-BUILDING
A category of sign that is permanently affixed, attached,
or otherwise a part of a building. These include: wall signs, awning
signs, canopy signs, marquee signs, projecting signs, and cabinet
signs.
SIGN, PEDESTRIAN
A category of sign mounted just at or above sidewalk level,
designed for pedestrian visibility rather than motorists. These include:
blade signs and suspended signs.
SIGN, PROJECTING
A sign attached to a building, portions of which extend out
beyond 12 inches from the point of attachment, typically having two
or more viewable sides, but for purposes of this division, only one
side need be counted as a side for measuring its allowable area and
the sign count. Signs printed on or affixed to awnings and canopies
shall also be considered projecting signs.
SIGN, ROOF
A sign, the lowest point of which is visually separate from
and above the highest point of the roof.
SIGN, TEMPORARY
A banner, pennant, poster or advertising display constructed
of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood
or other like materials and that appears to be intended or is determined
by the Code Official to be displayed for a limited period of time.
SIGN, VIDEO DISPLAY
A sign that changes its message or background in a manner
or method of display characterized by motion or pictorial imagery,
which may or may not include text, and depicts action or a special
effect to imitate movement, the presentation of pictorials or graphics
displayed in a progression of frames which give the illusion of motion,
including, but not limited to, the illusion of moving objects, moving
patterns or bands of light, or expanding or contracting shapes, not
including electronic changeable-copy signs. Video display signs include
projected images or messages with these characteristics projected
onto buildings or other objects.
SMOKE UNIT
The number obtained when the smoke density, in Ringelmann
number, is multiplied by the time of emission, in minutes.
SOLAR ENERGY SYSTEM
A system intended to convert solar energy into thermal, mechanical
or electrical energy.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED
A solar energy system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural part of the building.
Building-integrated systems include, but are not limited to, photovoltaic
or hot water systems that are contained within roofing materials,
windows, skylights, shading devices and similar architectural components.
SOLAR PANEL
A group of photovoltaic cells assembled on a panel. Panels
are assembled on-site into solar arrays.
START OF CONSTRUCTION
The date the building permit was issued, provided that the
actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of
permanent construction on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns, or any work
beyond initial excavation, or the placement of a manufactured home
on a foundation. 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 a basement,
footings, piers or foundations or 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 not part of the main structure. For an alteration, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
STORY
The portion of a building included between the surface of
a floor and the surface of the floor next above it or, if there is
no floor above it, then the space between the floor and the ceiling
next above it. A basement or cellar having 1/2 or more of its height
above grade shall be deemed a story for purposes of height regulations.
STREET
A public or private right-of-way usually affording primary
access to abutting property.
STREET YARD
The area of a lot located between the street right-of-way
and the principal building on the lot.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
substantial change in the roof structure or the exterior walls.
STRUCTURE
Any human-made object with form, shape and utility, either
permanently or temporarily attached to, placed upon or set into the
ground, stream bed or lake bed, including, but not limited to, roofed
and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
STRUCTURE, PERMANENT
A structure placed on or in the ground or attached to another
structure in a fixed and determined position and intended to remain
in place for a period of more than nine months.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its predamaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not, however, include either any project
for the improvement of a building required to correct existing health,
sanitary or safety code violations identified by the Building Official
and that are the minimum necessary to assure safe living conditions;
or any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
TOP PLATE
The horizontal timber directly carrying the trusses of a
roof or the rafters.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
UNNECESSARY HARDSHIP
Where special conditions affecting a particular property,
that 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 chapter.
USE
The purpose or activity for which the land or building thereon
is designed, arranged or intended, or for which it is occupied or
maintained.
USE, ACCESSORY
A use subordinate, and customarily incidental, to the permitted
principal use of the property or building, and located upon the same
lot as the principal use.
USE, PERMITTED
The utilization of land by occupancy, activity, building
or other structure that is specifically enumerated as permissible
by the regulations of the zoning district in which such land is located.
USE, PRINCIPAL
The main or primary use of property or a structure as permitted
on such lot by the regulations of the district in which it is located.
UTILITIES
Public or private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, power and communications
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.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
VEHICLE FUELS, ALTERNATIVE
Electricity, CNG (compressed natural gas), LNG (liquefied
natural gas), LPG (liquefied petroleum gas), and hydrogen.
VEHICULAR USE AREA
An outdoor area on a lot that is used for storage and operation
of motor vehicles, including parking lots, vehicle storage areas,
vehicle display areas, loading areas, driveways, and drive-through
lanes.
VIOLATION
The failure of a structure or other development to be fully
compliant with the applicable regulations of this zoning chapter,
including the flood protection regulations. A structure or other development
without required permits, lowest floor elevation documentation, floodproofing
certificates or required floodway encroachment calculations is presumed
to be in violation of this zoning chapter until such time as that
documentation is provided.
VISION SETBACK AREA
An unoccupied triangular space at the street or alley corner
of a lot, as established by Division 90-437.
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
WALKWAY
A clearly identified path for nonmotorized movement between
buildings, structures, destinations, or other walkways on or adjacent
to a site.
WATER SURFACE PROFILE
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
WATERSHED
The entire region contributing runoff or surface water to
a watercourse or body of water.
WELL
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
WIND ENERGY CONVERSION SYSTEM
A device that directly converts wind energy into usable thermal,
mechanical, or electrical energy, including such devices as windmills
and wind turbines. The system includes towers and supporting structures
and directly connected facilities, such as generators, alternators,
inverters, batteries, and associated control equipment.
WIND ENERGY CONVERSION SYSTEM, SMALL
A wind energy conversion system with a power-related capacity
of no more than 100 kW that is primarily intended to produce power
for on-site consumption, as a supplement to utility power or in lieu
of utility power. Small wind energy systems are often connected to
the electric utility for the purpose of net metering.
[Ord. No. 19-2020, 6-8-2020]
(Reserved)
[Ord. No. 19-2020, 6-8-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
YARD
An actual (as opposed to required) open, unoccupied space
that exists on a lot between a building and a lot line.
YARD, FRONT
A yard extending along the full length of the front lot lines
between the side lot lines.
YARD, REAR
A yard extending along the full length of the rear lot line
between the side lot lines and behind the front face of the principal
building.
[Amended 4-26-2021 by Ord. No. 09-2021]
[Ord. No. 19-2020, 6-8-2020]
(Reserved)