[Ord. No. 572, § 1(9.2302), 2-6-1996; Ord. No. 698, § VIII, 1-21-2003; Ord. No. 731, § II, 4-20-2004; Ord. No. 815, § I, 11-18-2008; Ord. No. 837, § I, 1-18-2011; Ord. No. 839, § II, 4-19-2011; Ord. No. 854, § I, 12-20-2011; Ord. No. 926, § I, 4-18-2017; Ord. No. 927, § I, 4-18-2017]
ACCESSORY USE OR STRUCTURE
A detached subordinate structure or a use which is clearly
incidental to, and customarily found with, the principal structure
or use to which it is related and which is located on the same lot
as that of the principal structure or use.
ADULT FAMILY HOME
Defined under W.S.A., § 50.01(1), means one of
the following:
(a)
A private residence to which all of the following apply:
(1)
Care and maintenance above the level of room and board but not
including nursing care are provided in the private residence by the
care provider whose primary domicile is this residence for three or
four adults, or more adults if all of the adults are siblings, each
of whom has a developmental disability, as defined in W.S.A., § 51.01(5),
or, if the residence is licensed as a foster home, care and maintenance
are provided to children, the combined total of adults and children
so served being no more than four, or more adults or children if all
of the adults or all of the children are siblings, or, if the residence
is licensed as a treatment foster home, care and maintenance are provided
to children, the combined total of adults and children so served being
no more than four.
(2)
The private residence was licensed under W.S.A., § 48.62,
as a foster home or treatment foster home for the care of the adults
specified in Subdivision 1 at least 12 months before any of the adults
attained 18 years of age.
(b)
A place where three or four adults who are not related to the
operator reside and receive care, treatment or services that are above
the level of room and board and that may include up to seven hours
per week of nursing care per resident.
ALLEY
A special public right-of-way affording only secondary access
to abutting properties.
ARCHITECTURAL APPURTENANCE
Architectural appurtenance means an accessory or adjunct
embellishment to the architectural design of a building that benefits
the aesthetic appeal and enjoyment of the property.
ART STUDIO
An establishment engaged in the sale or exhibit of art works
such as paintings, sculpture, macrame, knitted goods, stitchery or
pottery. Art studios are also engaged in the creations of such art
works and often offer instruction in their creation. Within the context
of this chapter, art studio does not include nude modeling and other
pornographic exhibits.
ARTERIAL HIGHWAY
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways include
freeways and expressways, state trunk and county trunk highways, and
other heavily traveled streets and parkways.
ASSEMBLY
When used in describing an industrial operation, the fitting
or joining of parts of a mechanism by means of fasteners, nuts and
bolts, screws, glue, welding or other similar technique. Assembly
shall not include the construction, stamping or reshaping of any of
the component parts.
BABY SITTING
The act of providing care and supervision for fewer than
four children. This definition does not apply when the baby sitter
is related to the child, or when more than four children in one household
are related.
BASEMENT
That portion of any structure which is below grade, or which
is partly below and partly above grade but so located that the vertical
distance from the grade to the floor is greater than the vertical
distance from the grade to the ceiling.
BOARDINGHOUSE
A building other than a hotel or restaurant where meals or
lodging are regularly furnished by prearrangement for compensation
for not more than 12 persons not members of the family who are the
principal occupants of the family. Boardinghouses are not open to
transient customers such as those who would seek lodging at a motel
or hotel.
BOATHOUSE
As defined in W.S.A., § 30.121(1). A permanent
structure used for the storage of watercraft and associated materials
and includes all such structures which are totally enclosed, have
roofs or walls or any combination of structural parts.
BUILDING
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
BUILDING AREA
The total living area bounded by the exterior walls of a
building at the floor levels, but including basement, utility rooms,
garages, porches, breezeways and unfinished attics.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished lot grade along the street yard face of the structure
to the highest point of the roof.
BUSINESS MIXED USE DEVELOPMENT[Amended 10-21-2020 by Ord. No. 985]
(a)
In the Village of Mukwonago, business mixed use development
with approval under planned unit development overlay standards applied
to specific business districts means a mixture of multifamily residential
and business uses allowed on the same property. Business uses may
include commercial, retail, service and office activities that are
either new or existing. Business mixed use development may be: (1)
within a single or multiple buildings within a unified development
having business on lower or upper floors and multifamily residential
dwelling units on the other floors; or (2) a business or businesses
in buildings separate from the multifamily residential buildings with
all buildings within a unified development. However, a multifamily
development proposal within the area planned for business mixed use
overlay within the South Main Street-River Key Area of the Update
to Comprehensive Plan 2035 may apply through a planned unit development
to be solely residential if conforming to the following criteria:
(1)
The proposal must be a redevelopment project, meaning the acquisition
of property with existing buildings, impervious surface, or infrastructure
are to be demolished and repurposed; and
(2)
The total development proposes less than 100 units of new multifamily;
and
(3)
The proposed development area is directly abutted by an existing
commercial development.
(b)
Each business mixed use development shall be under the same
ownership at the time of application and approval. Nonetheless, after
approval and development, the unified development site may be divided
into separate ownerships.
CERTIFICATE OF COMPLIANCE
A certification issued by the Zoning Administrator stating
that any construction and use of land or a building, the elevation
of fill or the first floor of a structure is in compliance with all
of the provisions of this chapter.
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
CLOTHING REPAIR SHOPS
Shops where clothing is repaired, such as shoe repair shops,
seamstress, tailor shops, shoe shine shops, clothes pressing shops,
but none employing over five persons.
CLOTHING STORES
Retail stores where clothing is sold, such as department
stores, dry goods and shoe stores, and dress, hosiery, and millinery
shops.
COMMERCIAL BUILDING
For the purposes of zoning review permit and occupancy permit,
a commercial building is any use of a building other than single-family
dwelling and two-family dwelling.
COMMUNITY LIVING ARRANGEMENT
Defined under W.S.A., § 46.03(22)(a) means any
of the following facilities licensed or operated, or permitted under
the authority of the State of Wisconsin Department of Health and Family
Services:
(a)
Residential care centers for children and youth, as defined
in W.S.A., § 48.02(15d), operated by child welfare agencies
licensed under W.S.A., § 48.60;
(b)
Group homes for children, as defined in W.S.A., § 48.02(7);
and
(c)
Community-based residential facilities, as defined in W.S.A.,
§ 50.01(1g); but
(d)
Does not include adult family homes, as defined in W.S.A., § 50.01(1),
day care centers, nursing homes, general hospitals, special hospitals,
prisons, and jails.
CONDITIONAL USE ORDER
A written decision issued by the Village Board that indicates
whether the conditional use is approved or denied, and the terms of
the approval if so granted. The conditional use may only be established
on the subject property when the Zoning Administrator issues a conditional
use permit indicating that all initial conditions of the approval
have been satisfied.
[Added 10-21-2020 by Ord.
No. 985]
CONDITIONAL USE PERMIT
A permit issued by the Zoning Administrator indicating that
the conditional use may be established following a determination that
all initial conditions of the conditional use order have been satisfied.
[Added 10-21-2020 by Ord.
No. 985]
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination
as to a permitted use in a district.
[Amended 10-21-2020 by Ord. No. 985]
CONDOMINIUM
A building, or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all owners on a proportional, undivided basis. It is a legal form
of ownership of real estate and not a specific building type or style.
CONSERVATION STANDARDS
Guidelines and specifications for soil and water conservation
practices and management enumerated in the technical guide prepared
by the U.S. Department of Agriculture, Soil Conservation Service,
for the 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 which best meets his needs in
developing his soil and water conservation plan.
CONTROL MEASURE
A practice or combination of practices to control erosion
and attendant pollution.
CONTROL PLAN
A written description of the number, locations, sizes and
other pertinent information of control measures designed to meet the
requirements of the site construction erosion control provisions of
this chapter submitted by the applicant for review and approval by
the Village.
DAY CARE CENTER
An establishment in which the operator is provided with compensation
in return for providing one or more individuals with care for less
than 24 hours at a time. The term includes, but is not limited to,
a day nursery, nursery school, adult day care center or other supplemental
care facility. This term does not include a family day care home.
DENSITY
The number of dwelling units per acre of land on a parcel,
lot or unified land-developing activity. For the purposes of calculation,
the number of dwelling units is the numerator and the acreage is the
denominator, with the resultant expressed in dwelling units per acre.
DENSITY, GROSS
The number of dwelling units per acre of land on a parcel,
lot or unified land-developing activity where the amount of acres
excludes any existing right-of-way and any major utility right-of-way.
DENSITY, NET
The number of dwelling units per acre of land on a parcel,
lot or unified land developing activity where the amount of acres
excludes any existing right-of-way and any major utility right-of
way, plus excluding all natural resources to be protected, including
wetlands, floodplains, lakes and streams, woodlands and forests, existing
stormwater basins, primary environmental corridors, and archeological
sites.
DEPARTMENT
The Wisconsin Department of Natural Resources.
DEVELOPMENT
Any new use, change of use and any change to improved or
unimproved real estate including, but not limited to, the construction
of buildings, structures or accessory structures; any placement of
mobile homes, the construction of additions or substantial alterations
to buildings, structures or accessory structures; the placement of
buildings or structures; ditching, lagooning, dredging, filling, grading,
paving, excavation or drilling operations; and the deposition or extraction
of earthen materials, public or private sewage disposal systems or
water supply facilities.
DISTRICT, BASIC
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform (such as the residential, commercial, and industrial district
classifications).
DISTRICT, OVERLAY
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic zoning district without
disturbing the requirements of the basic district. In the instance
of conflicting requirements, the more strict of the conflicting requirements
shall apply.
DRAINAGE SYSTEM
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
DRIVE-IN RESTAURANT
An establishment used for the sale, dispensing or serving
of food, refreshments or beverages in or on disposable plates and
cups, including those establishments where customers may serve themselves
and may eat and drink the food, refreshments and beverages on or off
the premises.
DWELLING
A detached building, also called a duplex, designed or used
exclusively as a residence or sleeping place, but does not include
boarding or lodginghouses, motels, hotels, tents, cabins or mobile
homes.
DWELLING, BI-LEVEL
A two-level dwelling with one level above grade, and the
other level half above grade and half below grade. The lowest level
may or may not have exterior access. For the purpose of measuring
living area, the Building Inspector will determine functional areas
as set forth in the definition of "living area," and the first floor
area will be considered to be the first level that is entirely above
grade.
DWELLING, MULTIPLE-FAMILY
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
DWELLING, TRI-LEVEL
A three-level dwelling with two levels above grade, and a
third level half above grade and half below grade. The lowest level
may or may not have exterior access.
DWELLING, TWO-FAMILY
A detached building containing two separate dwelling (or
living) units, designed for the occupancy by not more than two families.
EFFICIENCY
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
ELECTION CAMPAIGN PERIOD
In the case of an election for office, the period beginning
on the first day for circulation of nomination papers by candidates
or the first day that candidates would circulate papers were papers
to be required, and ending the day of election. In the case of a referendum,
the period beginning on the day on which the question to be voted
upon is submitted to the electorate and ending on the day on which
the referendum is held.
ENVIRONMENTAL CONTROL FACILITY
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste or thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
EQUAL DEGREE OF ENCROACHMENT
The effect of any encroachment into the floodway must be
computed by assuming an equal degree of hydraulic encroachment on
the other side of a river or stream for a significant hydraulic reach.
This computation assures that property owners up, down or across the
river or stream will have the same rights basis of the effect upon
hydraulic conveyance, not upon the distance the encroachment extends
into the floodway.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice or gravity.
ESSENTIAL SERVICES
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These 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, water storage tanks, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, pumps, lift stations and
hydrants, but not including buildings.
EXISTING MOBILE HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale on which the construction
of facilities for servicing the lots (including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed before
the effective date of this chapter.
EXPANSION TO EXISTING MOBILE HOME PARK
Means the preparation of additional sites by the construction
of facilities for servicing the lots on which the mobile homes are
to be placed. This includes installation of utilities, either final
site grading, pouring pads or construction of streets.
EXPRESSWAY
A divided arterial street or highway with full or partial
control of access and with or without grade separated intersections.
FAMILY
The body of persons related by blood, marriage or adoption,
or not more than four (4) unrelated persons who live together in one
dwelling unit as a single housekeeping entity.
FAMILY DAY CARE HOME
A dwelling licensed as a day care center by the State of
Wisconsin Department of Health and Family Services under W.S.A., § 48.65,
where care is provided for not more than eight children. (From W.S.A.,
§ 66.1017(1)(a).)
FARMERS MARKET
The temporary sale of farm products at a site other than
where they were grown. The sale of farm produce grown on the premises
or the sale of not more than five bushels per day of farm produce
grown off the premises is not considered a farmers market.
FENCE HEIGHT
The distance measured from the average grades of the abutting
lots to be separated by the fence.
FIXED HOUSEBOAT
As defined in W.S.A., § 30.121(1). A structure
not actually used for navigation which extends beyond the ordinary
high water mark of a navigable waterway and is retained in place either
by cables to the shoreline or by anchors or spudpoles attached to
the bed of the waterway.
FLEA MARKET
Any premises where the principal use is the sale of new or
used household goods, personal effects, tools, art work, small household
appliances and similar merchandise, equipment or objects, in small
quantities, in broken lots or parcels, not in bulk, for use or consumption
by the immediate purchaser. Flea markets may be conducted within a
structure or in the open air. Rummage sales and garage sales are not
considered to be flea markets.
FLOODLANDS
For the purpose of this chapter, the floodlands are all lands
contained in the "regional flood" or 100-year recurrence interval
flood. For the purpose of zoning regulation, the floodlands are divided
into the floodway overlay district and the floodplain fringe overlay
district.
FOSTER FAMILY HOME
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed pursuant to W.S.A.,
§ 48.62.
FOSTER HOME
Any facility that is operated by a person required to be
licensed by W.S.A., § 48.62(1)(a), and that provides care
and maintenance for no more than four children or, if necessary to
enable a sibling group to remain together, for no more than six children
or, if the State of Wisconsin Department of Health and Family Services
promulgates rules permitting a different number of children, for the
number of children permitted under those rules. (From W.S.A., § 48.02(6).)
FREEWAY
An expressway will full control of access and with fully
grade separated intersections.
FRONTAGE
The smallest dimension of a lot abutting a public street
measured along the street right-of-way line. For lots abutting a lake
or stream, the smallest dimension measured along the shoreline.
GARAGE, PRIVATE
A structure primarily intended for and used for the enclosed
storage or shelter of the private motor vehicles of the families resident
upon the premises.
GIFT STORES
Retail stores where items such as art, antiques, jewelry,
books and notions are sold.
GROUP ASSEMBLY
A company of persons gathered together for any purpose for
a period of two or more hours.
GROUP FOSTER HOME
Any facility operated by a person required to be licensed
by the State of Wisconsin pursuant to W.S.A., § 48.62, for
the care and maintenance of five to eight foster children.
HARDWARE STORES
Retail stores where items such as plumbing, heating and electrical
supplies, sporting goods and paints are sold.
HEARING NOTICE
Publication or posting meeting the requirements of W.S.A.,
ch. 985. Class 1 notice is required at a minimum for appeals; published
once at least one week (seven days) before the hearing. Class 2 notice
is required at a minimum for all zoning ordinances and amendments
including map amendments; published twice, once each week consecutively,
the last publication at least a week (seven days) before the hearing.
Local ordinances or bylaws may require additional notice exceeding
these minimums.
HIGH WATER ELEVATION
"Ordinary high water mark" means 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.
HISTORIC DISTRICT
An area designated by the Village Board, on recommendation
of the commission, that contains two or more historic improvements
or sites, as well as those abutting improvement parcels which the
commission determines shall fall under the provisions of this section
to assure that their appearance and development are harmonious with
such historic structures or historic sites.
HISTORIC STRUCTURE
Any structure that is:
(a)
Listed in the National Register of Historic Places or preliminarily
determined by the secretary of the interior as meeting the requirements
for 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;
or
(d)
Listed on a local inventory of historic places in communities
with historic preservation programs certified by the state.
HOME INDUSTRY
A home occupation that is carried out in a structure separate
from the principal structure; or the manufacture or assembly of a
product, often on a contract basis, in a residence; or an occupation
of a more intense nature that is normally defined as a home occupation.
HOME OCCUPATION
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises.
HOUSING FOR THE ELDERLY
A dwelling unit or units designed and constructed to be occupied
by elderly persons. An elderly person is a person who is 62 years
of age or older on the date such person intends to occupy the premises,
or a family, the head of which, or his spouse, is an elderly person
as defined herein.
INTERCHANGE
A grade separated intersection with one or more turning lanes
for travel between intersection legs.
JUNK OR SALVAGE YARD
An area consisting of buildings, structures or premises where
junk waste and discarded or salvage materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards and house wrecking and structural steel materials and
equipment yards, but not including the purchase or storage of used
furniture and household equipment or used cars in operable condition.
Junk yards are not permitted in the Village of Mukwonago.
LAND DEVELOPING ACTIVITY
The construction of buildings, roads, parking lots, paved
storage areas and similar facilities.
LAND DISTURBING ACTIVITY
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, but not including
agricultural activities such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscape modifications.
LAND USE
Any nonstructural use made of unimproved or improved real
estate. (Also see "development")
LAND USER
Any person operating, leasing, renting or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
LANDMARK
Any structure or improvement which has a special character
or special historic interest or value as part of the community, state
or nation and which has been designated as a landmark pursuant to
the provisions of the Mukwonago Village Code.
[Amended 12-18-2019 by Ord. No. 970]
LANDMARK SITE
Any parcel of land of historical significance due to substantial
value in tracing the history of aboriginal man, or upon which a historic
event has occurred, and which has been designated as a landmark site
pursuant to the provisions of this chapter; or a parcel of land, or
part thereof, on which is located a landmark and any abutting parcel,
or part thereof, used as and constituting part of the premises on
which the landmark is situated.
LANDOWNER
Any person holding title to or having an interest in land.
LETTER OF MAP AMENDMENT (LOMA)
Official notification from the federal emergency management
agency (FEMA) that a flood hazard boundary map or flood insurance
rate map has been amended.
LIVING AREA
The total area bounded by the exterior walls of a building
at the floor levels, but not including basement, utility rooms, garages,
porches, breezeways and unfinished attics.
LIVING ROOMS
All rooms within a dwelling except closets, foyers, storage
area, utility rooms and bathrooms.
LOADING AREA
A completely offstreet space or berth on the same lot as
the principal use it serves for the loading or unloading of freight
carriers, having adequate ingress and egress to a public street or
alley.
LOT
For the purpose of this chapter, a lot shall be defined as
a parcel of land on which a principal building and its accessory building
are placed, together with the required open spaces, provided that
no such parcel shall be bisected by a public street and should not
include any portion of a public right-of-way. No lands dedicated to
the public or reserved for roadway purposes should be included in
the computation of lot size.
LOT DEPTH
The horizontal distance between the front and rear lot lines
measured on the longitudinal centerline.
LOT LINE FENCE
Any fence located a distance from lot line equal to the height
of the fence.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total
area lying within such boundaries.
LOT WIDTH
The width of a parcel of land measured between the intersection
of the two side lot lines and the right-of-way, measured along the
chord. Where the lot width narrows toward the rear yard, the lot width
shall be measured at the building setback line between the two side
lot lines, measured along the chord. On corner lots, the smallest
frontage shall be deemed the lot width, and no side or rear lot line
shall be less than the required lot width.
LOT, CORNER
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot size.
LOT, DOUBLE FRONTAGE
A parcel or lot, other than a corner lot, with frontage on
two streets or with frontage on a street and a navigable body of water.
Where access to the parcel or lot is restricted from one of the frontages,
then the yard facing the restricted access street shall be considered
the rear yard for building setback purposes, and the yard facing the
allowable access street shall be considered the street yard for building
setback purposes.
LOT, TRIPLE FRONTAGE
A parcel or lot that is also a corner lot, with frontage
on three streets. Where access to the parcel or lot is restricted
from one of the frontages that are opposite the frontage with allowable
access, then the yard facing the restricted access street shall be
considered the rear yard for building setback purposes. The third
street frontage that is not opposite of a yard with street frontage
shall be considered the street yard for building setback purposes.
MACHINE SHOPS
Shops where lathes, presses, grinders, shapers and other
wood and metal working machines are used, such as blacksmith, tinsmith,
welding and sheet metal shops; plumbing, heating and electrical repair
shops; and overhaul shops.
MANUFACTURED HOME
As defined in W.S.A., §§ 101.90 — 101.96
or future revisions of these statutes.
MANUFACTURING
When used in describing an industrial operation, the making
or processing of a product with machinery.
MINOR STRUCTURES
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors, and
walls and fences.
MOBILE HOME
A vehicle designed to be towed as a single unit or in sections
upon a highway by a motor vehicle and equipped and used, or intended
to be used, primarily for human habitation, with walls of rigid uncollapsible
construction but not including a unit used primarily for camping,
touring or recreational purposes which remains licensed and ready
for highway use and remains on site less than 180 days.
MOBILE HOME PARK
Any parcel of land which has been developed for the placement
of mobile homes upon which two or more units may be located, regardless
of whether or not a charge is made for such accommodation.
MOTEL
A series of attached, semi-attached or detached sleeping
units for the accommodation of transient guests.
MULTIPLE-FAMILY
A residential building or grouping of residential buildings
where each building is designed for or occupied by three or more families,
with the number of families in residence not to exceed the number
of dwelling units provided. A multiple-family residence may be owner
occupied or rental occupied.
NAVIGABLE WATERS
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state.
NONCONFORMING USES OR STRUCTURES
Any structure, land or water lawfully used, occupied or erected
at the time of the effective date of this chapter or amendments thereto
which does not conform to the regulations of this chapter or amendment
thereto. Any such structure conforming in respect to use but not in
respect to frontage, width, height, area, yard, parking, loading or
distance requirements is considered a nonconforming structure and
not a nonconforming use.
NURSING HOME
A place where five or more persons who are not related to
the operator or Administrator reside, receive care or treatment and,
because of their mental or physical condition, require access to twenty-four-hour
nursing services, including limited nursing care, intermediate level
nursing care and skilled nursing services, as defined in W.S.A., § 50.01.
OFFICIAL LETTER OF MAP AMENDMENT
Official notification from the federal emergency management
agency (FEMA) that a flood hazard boundary map or flood insurance
rate map has been amended.
ORNAMENTAL FENCE
A fence intended to decorate, accent or frame a feature of
the landscape. Ornamental fences are often used to identify a lot
corner or a lot line; or frame a driveway, walkway or planting bed.
Ornamental fences are those with more than 50% of their surface area
open for free passage of light and air. Ornamental fences are often
of the picket, rail or wrought iron type.
OVERLAY ZONING DISTRICT
Overlay zoning district means a zoning district that provides
for specific regulations to be applied to a designated area in combination
with the requirements of the underlying or base zoning district.
PARKING LOT
A structure or premises containing 10 or more parking spaces
open to the public. Such spaces may be for rent or a fee.
PARKING SPACE
A graded and surfaced area of not less than 180 square feet
in area either enclosed or open for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners
within 250 feet, and all property owners of opposite frontages.
PIERHEAD LINE
A boundary line established along any section of the shore
of any navigable waters by a municipal ordinance approved by the state
department of natural resources, pursuant to W.S.A., § 30.13.
Piers and wharves are only permitted to the landward side of such
pierhead line unless a permit has been obtained pursuant to W.S.A.,
§ 30.12(2).
PLACES OF ENTERTAINMENT
Includes pool halls, theaters, bowling alleys, dance halls,
skating rinks, golf driving ranges and night clubs.
PLANNED UNIT DEVELOPMENT
A planned unit development (PUD) is an alternate zoning tool
for developments that propose a creative and innovative solution with
a layout that is not achievable by the standards of the underlying
or base zoning district. The PUD is intended to permit developments
that will be enhanced by coordinated area site planning, diversified
location of structures, diversified building types, and/or mixing
of compatible uses. Such developments are intended to provide a safe
and efficient system for pedestrian and vehicle traffic; to provide
attractive recreation and open spaces as integral parts of the developments;
to enable economic design in the location of public and private utilities
and community facilities; and to ensure adequate standards of construction
and planning. The PUD overlay district under this chapter will allow
for flexibility of overall development design with benefits from such
design flexibility intended to be derived by both the developer and
the Village, while at the same time maintaining the land use density
and other standards or use requirements set forth in the underlying
or base zoning district.
PREMISES
A lot, parcel, tract or plot of land together with the buildings
and structures thereon.
PROCESSING
When used in describing an industrial operation, the series
of continuous actions that changes one or more raw materials into
a finished product. The process may be chemical as in the processing
of photographic materials; it may be a special method such as processing
butter or cheese; it may be a mechanical process such as packaging
a base product.
PROFESSIONAL HOME OFFICES
Residences of clergymen, architects, landscape architects,
professional engineers, registered land surveyors, lawyers, real estate
agents, artists, teachers, authors, musicians, or persons in other
recognized professions used to conduct their professions, where the
office use is incidental to the residential use of the premises.
REAR YARD
A yard extending across the full width of a lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard is opposite the street yard or
one of the street yards on a corner lot. Where two side lot lines
narrow to the point that the rear lot line is less than 10 feet in
length, then for purposes of measuring the rear setback, the rear
lot line shall be considered a line 10 feet in length between the
side lot lines as parallel as possible to the street frontage.
RUMMAGE SALE
The occasional sale of personal property at a residence conducted
by one or more families in a neighborhood. Rummage sales do not exceed
four consecutive days in length and are not conducted more often than
three times per year. Rummage sales do not involve the resale of merchandise
acquired for that purpose. Rummage sales are also known as "garage
sales." Flea markets, defined elsewhere in this section, are not rummage
sales.
RUNOFF
The rainfall, snowmelt or irrigation water flowing over the
ground surface.
SATELLITE LOT
A confined designated area, either subdivided or in common
ownership with adjacent areas, containing a single use building that
is designed as an integral part of a unified commercial/retail center
or business center.
SEAT
Furniture upon which to sit, having a linear measurement
not less than 24 inches across the surface used for sitting.
SECONDARY SUITE
An arrangement and use of rooms within a single-family dwelling
that allows for one or two family members to reside separate from
the single housekeeping entity while remaining part of and having
nonlockable direct interior access to the entire single-family dwelling.
The arrangement of rooms may contain a kitchenette area with associated
living areas, bedrooms and a bathroom.
SENIOR CARE FACILITY
A residential care facility that includes at least two of
the following types of residential care and is operated as a fully
integrated facility by a single operating entity:
[Added 9-16-2020 by Ord.
No. 984]
(a)
Community-based residential facility (CBRF), as defined in W.S.A.
§ 50.01(1g);
(b)
Residential-care apartment complex (RCAC), as defined in W.S.A.
§ 50.01(6d);
(c)
Nursing home, as defined in W.S.A. § 50.01(10).
SENIOR HOUSING
A building or group of buildings containing dwellings intended
to be occupied by elderly persons, as defined by the Federal Fair
Housing Act, as amended. Senior housing may include independent and/or
assisted living arrangements but shall not include nursing or convalescent
homes regulated by the State of Wisconsin. Independent and assisted
living housing are defined as follows:
(a)
SENIOR ASSISTED LIVINGHousing that provides twenty-four-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.
(b)
SENIOR INDEPENDENT LIVINGHousing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as security, housekeeping and recreational and social activities. Individual dwellings are designed to promote independent living and shall contain kitchen facilities.
SET OF ONE-YEAR DESIGN STORMS
The rain intensities and rain volumes or corresponding values
specific to the community for the storm durations of 0.5, 1, 2, 3,
6, 12, and 24 hours that occur approximately once each year. The following
are typical characteristics of these one-year storms in most of Wisconsin:
Storm Duration
(hours)
|
Average Rain Intensity
(inches/hour)
|
Total Rain
(inches)
|
---|
0.5
|
1.8
|
0.9
|
1
|
1.1
|
1.1
|
2
|
0.7
|
1.3
|
3
|
0.5
|
1.5
|
6
|
0.3
|
1.7
|
12
|
0.2
|
2.0
|
24
|
0.1
|
2.3
|
SETBACK OR STREET YARD
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots and double
frontage lots have two such yards, except as defined in "Lot, double
frontage" and "Lot, triple frontage."
SHORE YARDS
A yard extending across the full width or depth of a lot,
the depth of which shall be the minimum horizontal distance between
a line intersecting both side lot lines at the same angle and containing
the point of the high water elevation of a pond, stream, lake or wetland
nearest the principal structure and a line parallel thereto containing
the point of the principal structure nearest the high water line.
SHORELANDS
Those lands lying within the following distances from the
ordinary high water mark of navigable waters: 1,000 feet from a lake,
pond or flowage; and 300 feet from a river or stream; or to the landward
side of the floodplain, whichever distance is greater. Shorelands
shall not include those lands adjacent to farm drainage ditches where
(a) such lands are not adjacent to a navigable stream or river; (b)
those parts of such drainage ditches adjacent to such lands were nonnavigable
streams before ditching or had no previous stream history; and (c)
such lands are maintained in nonstructural agricultural use.
SHORELINES
The intersection of the land surfaces abutting lakes, ponds,
streams, flowages and wetlands with the average annual high water
elevation.
SIDE YARD
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure.
SMOKE UNIT
The number obtained when the smoke density in Ringelmann
number is multiplied by the time of emission in minutes.
STORAGE CAPACITY
The volume of space available above a given cross-section
of a floodplain for the temporary storage of floodwater. The storage
capacity will vary with stage.
STORY
That portion of a building included between the surface of
a floor and the surface of the floor or ceiling next above it; a basement
or cellar having one-half or more of its height above the average
grade of the lot shall be deemed one full story.
STREET
A public right-of-way not less than 50 feet wide providing
primary access to abutting properties.
STREET YARD
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
two such yards.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Any erection or construction, such as buildings, prefabricated
or prebuilt buildings, towers, masts, poles, booms, signs, decorations,
carports, machinery or equipment.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started, or if the structure has been damaged, and is being restored,
before the damage occurred. The term does not however, include either:
(a) any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions, or (b) any
alteration of a structure or site documented as deserving preservation
by the Wisconsin State Historical Society or listed on the National
Register of Historic Places. Ordinary maintenance repairs are not
considered structural repairs, modifications or additions; such ordinary
maintenance repairs include internal and external painting, decorating,
paneling, and the replacement of doors, windows and other nonstructural
components.
SURETY
Whenever the terms "surety," "surety bond," or "bond" are
used in this chapter, such term shall describe only an irrevocable
letter of credit or a cash bond as approved by the Village Attorney.
TOWNHOUSES
A group of single-family dwellings, also called row houses,
having an unpierced common wall between each adjacent section and
the end units having side yards.
TREATMENT FOSTER HOME
Any facility that is operated by a person required to be
licensed under W.S.A., § 48.62(1)(b), that is operated under
the supervision of the State of Wisconsin Department of Health and
Family Services, a county department or a licensed child welfare agency,
and that provides to no more than four children care, maintenance
and structured, professional treatment by trained individuals, including
the treatment foster parents. (From W.S.A., § 48.02(17q).)
TURNING LANE
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade separated interchange ramps.
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
UTILITIES
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulator stations, but not including sewage disposal plants,
municipal incinerators, warehouses, shops and storage yards.
WETLAND
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
YARD
An open space on the same lot with a structure, unoccupied
and obstructed from the ground upward except for vegetation. The street
and rear yards extend the full width of the lot.