For the purposes of this Title, the following general definitions shall be used:
ABUTTINGHave a common property line or district line.
ACRE, NETThe actual land devoted to the land use, excluding public streets, public lands, or unusable lands, and school sites contained within 43,560 square feet.
ALLEYA public way that affords only a secondary means of access to abutting property.
AQUIFERA saturated, permeable geologic formation that contains and will yield significant quantities of water.
BLOCKA tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BUILDING CORNICEA projecting horizontal decorative molding along the top of the principal front wall of a building.
BUILDING FACADEThe exterior elevation of a building or structure extending from the ground to the top of the wall, cornice, parapet, or eaves and the entire width of the building elevation.
BUILDING FACADE ARTICULATIONA recess or projection in the building facade that gives texture to the building surface, creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic. Minimum requirements for a building break are a depth of two feet and a width of four feet.
BUILDING HEIGHTThe vertical distance from the average curb level in front of the lot or the average finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitched roof. See Figure 13.06.12-1.
Figure 13.06.12-1 Building Height  |
A low wall or protective barrier that extends vertically above the roof line of a building.
BUILDING STEPBACKA setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level.
BUILDING STREET FRONTAGEThe proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages.
BUILDING TRANSPARENCYOpenings in the street-facing facade of a building that are transparent, including windows and doors, which enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities.
BUILDING, PRINCIPALA building in which the principal use of the lot on which it is located is conducted.
BUSINESSAn occupation, employment or enterprise that occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
COMMISSIONThe Plan Commission created by the Common Council pursuant to §
62.23, Wis. Stats., as may be amended.
An event in the Onalaska region that is sponsored by a social, religious, fraternal, nonprofit, or governmental organization that benefits the larger society, a charitable cause, or acts a fund-raiser for the sponsor.
COMPREHENSIVE PLANA Comprehensive Plan prepared by the City indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONE OF DEPRESSIONThe area around a well, in which the water level has been lowered at least 1/10 of one foot by pumping of the well.
CONSERVATION STANDARDSGuidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for La Crosse 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 that alternative which best meets their needs in developing their soil and water conservation.
CONSTRUCTION AREAAny area in which movement of earth, alteration of topography, soil compaction, disruption of vegetation, changes in soil chemistry, or any change in the natural character of the land occurs as a result of site preparation, grading, building construction or any other construction activity.
CRITICAL ROOT ZONEThe area of tree roots within the crown drip line. This zone is generally defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown drip line. Disturbances within this zone will directly affect a tree's chance for survival.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to construction of, or additions or substantial improvements to, buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.
DISTRICT, BASEA part or parts of the City for which the regulations of this Title governing the use and location of land and building are uniform.
DISTRICT, OVERLAYOverlay districts, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a base zoning district without disturbing the requirements of the base district. In the instance of conflicting requirements, the stricter of the conflicting requirements shall apply with the exception of the Planned Unit Development Overlay District or Planned Commercial Industrial District, which may supersede the requirements of the underlying base district as specifically approved by the Common Council.
DIVISION OF LANDWhere the title or any part thereof is transferred by the execution of a land contract, an option to purchase, an offer to purchase and acceptance, a deed, or a certified survey.
DWELLINGA building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING UNITA group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.
DWELLING, EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
EASEMENTThe area of land set aside or over or through which a liberty, privilege or advantage in land, distinct from ownership of the land, is granted to the public or some particular person/entity or part of the public.
EXPOSURE, PRIMARYOpen areas adjacent to the front wall (or main entrance) of a dwelling unit.
FAMILYThe body of persons who live together in one dwelling unit as a single housekeeping entity.
FORESTERA person holding a Bachelor's degree in forestry from an accredited four-year college of forestry.
FOSTER FAMILY HOMEThe primary domicile of a foster parent which is four or fewer foster children and which is licensed under §
48.62, Wis. Stats., as may be amended.
All the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
GARAGE, PRIVATEA detached accessory building or portion of the principal building, designed, arranged, used or intended to be used primarily for storage of automobiles of the occupant of the private premises.
GARAGE, PUBLICAny building or portion thereof, not accessory to a residential building or structure, used primarily for equipping, servicing, repairing, leasing or public parking of motor vehicles.
GROSS FLOOR AREAFor the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under State Stats. Section 48.62 for the care and maintenance of five to eight foster children.
JUNKAny scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. "Junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.
LANDMARK TREEA tree designated because it is one of the largest or oldest of a species located in the City; it has a historic significance due to an association with a historic building, site, street, person, or event; or it is a defining landmark or significant outstanding feature of a neighborhood.
LANDSCAPE ARCHITECTA person who practices architecture and is registered or licensed with the State of Wisconsin in accordance with Ch.
443, Wis. Stats.
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LOTA parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of the UDC as pertaining to the district wherein located.
LOT, AREAThe area contained within the exterior boundaries of a lot excluding streets and land under navigable bodies of water.
LOT, CORNERA 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 side.
LOT, COVERAGE1. NONRESIDENTIALThe area of a lot occupied by the principal building or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.
RESIDENTIALThe area of a lot occupied by the principal building or buildings and accessory buildings.
LOT, INTERIORA lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
LOT, LINEA property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
LOT, REVERSED-CORNERA corner lot which is oriented so that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.
LOT, SUBSTANDARDA parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this the UDC as pertaining to the district wherein located.
LOT, THROUGHA lot that has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT, WIDTHThe horizontal distance between the side lot lines measured at the building setback line.
Figure 13.06.12-2 Types of Lots  |
A group of establishments, in one or more buildings, on one parcel of at least five contiguous developable acres and additional developable land adjacent or separated by public right-of-way parcels under common ownership designed as a coherent group to concentrate outpatient or short-term inpatient medical care and in a single location and offer a variety of medical services to promote the practice, teaching, and progress of medicine and care of patients.
MOBILE HOME LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME SUBDIVISIONA land subdivision, as defined by Chapter
236 of the Wis. Stats. and any City land division ordinance, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
A modular unit is a factor fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.
MULTI-MODAL PATHA path physically separated from motorized vehicular traffic that may be used for activities such as walking, jogging, and bicycling.
NONCONFORMING STRUCTURE, LOT OR USEAny structure, lot, use of land, or any combination thereof which was existing at the time of the effective date of this UDC or amendments thereto and which is not in conformance with this UDC. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use but shall be considered nonconforming with respect to those characteristics.
NURSERYMANA person licensed by the State of Wisconsin as a nurseryman.
OPERATING STANDARDSRegulations that apply to land use activities/business practices within a designated Wellhead Protection Overlay District.
OWNERIncludes the plural as well as the singular and may mean a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these.
PARKParks, playgrounds and open space for recreational enjoyment. The term "park" does not include facilities owned by a school district.
PARK, CAPITAL COSTSThe cost to construct, expand or improve public park facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public park facilities, except that not more than 10% of capital costs may consist of legal, engineering and design costs unless the City can demonstrate that its legal, engineering and design costs which relate directly to the public park improvement for which the impact fees were imposed exceed 10% of capital costs.
PARK, DEVELOPMENT FEESCash contributions, contributions of land or interest in land or any other items of value that are imposed on a developer.
PARK, NEEDS ASSESSMENTNew public facilities or improvements or expansions of existing public facilities as relate to parks that are required because of land development for which impact fees will be imposed are those which are identified in this Section
13.04.44 and in parks needs assessment report prepared prior to the adoption of Section
13.04.44 and any amendments hereto. The needs assessment that forms the basis of any development fees imposed by the City by this Title shall be kept on file in the office of the City Clerk. The needs assessment report shall remain on file in the office of the City Clerk for the entire period during which development fees arising out of a specific report and Section
13.04.44 are collected prior to expenditure, and such report shall, after expenditure of all development fees, be maintained as a public record for such time period as required by law.
A geographic area delineated by the Common Council for which the City provides public facilities.
PARK, SERVICE STANDARDA certain quantity or quality of public facilities relative to a certain number of persons, parcels of land or other appropriate measure, as specified by the City.
PARK, SERVICE UNITResidential or nonresidential development that benefits from the City's park system.
PARKING LOTA structure or premises containing five or more parking spaces open to the public.
PARTIES OF INTERESTIncludes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PEDESTRIAN PATHWAYA public way, usually running at right angles to streets, which is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
PERSONPerson means an individual, partnership, association, corporation, municipality or state agency, or other legal entity.
PLATThe map, drawing or chart on which the applicant's plat of subdivision is presented to the City for approval.
PLAT, FINALThe final plat map, drawing or chart on which the applicant's plan of subdivision is presented for approval and which, if approved, will be recorded at the office of the La Crosse County Register of Deeds.
PLAT, PRELIMINARYThe preliminary plat map, drawing or chart indicating the proposed layout of the subdivision to be submitted for its consideration as to compliance with the Comprehensive Plan and these regulations along with required supporting data.
PROTECTIVE COVENANTSContracts entered into between private parties or between private parties and public bodies pursuant to §
236.293, Wis. Stats., which constitute a restriction on the use of all private or platted property within a subdivision for the benefit of the public or property owners and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
Any sanitary sewer, storm sewer, open channel, water main, roadway, intersection controls, park, parkway, public access, sidewalk, pedestrianway, planting strip or other facility for which the City may ultimately assume the responsibility for maintenance and operation.
RECHARGE AREAThe area which encompasses all areas or features that, by surface infiltration of water, reaches the zone of saturation of an aquifer and supplies groundwater to a well.
REGULATED SUBSTANCESChemicals and chemical mixtures that are health hazards. Health hazards for chemicals and chemical mixtures are typically identified on Material Safety Data Sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption for humans or animals are not considered regulated substances. Regulated substances include but are not limited to:
1. Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR
1910.1200, Appendix A, Health Hazard Definitions (Mandatory).
Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises 1% or greater of the composition on a weight-per-unit-weight basis.
Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 1/10 of 1% or greater of the composition on a weight-per-unit-weight basis.
Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than 1/10 of 1% of the mixture on a weight-per-unit-weight basis if carcinogenic, or more than 1% of the mixture on a weight-per-unit-weight basis if noncarcinogenic.
Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).
REPLATThe process of changing, or a map or plat which changes the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot or outlot is not a replat.
SHORELANDThe area within the following distances from the ordinary high-water mark of navigable waters, as defined under §
281.31(2)(d), Wis. Stats.:
1. One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake; or
Three hundred feet from a river or stream or to the landward side of the floodplain, whichever distance is greater, §
59.692(1)(b), Wis. Stats.
SPECIMEN TREE(S) OR STANDAny tree or grouping of trees which has been determined to be of high value because of its type, size, age, or other professional criteria, and has been so designated.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
STORY, HALFThat portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4 1/2 feet above the finished floor of such story. In the case of one family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a 1/2 story in a sloping roof shall not be counted as a story for the purposes of this Title.
STREETProperty other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.
STREET, ARTERIALA public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.
STREET, COLLECTORA street which collects and distributes internal traffic within an urban area such as a residential neighborhood, between arterial and local streets. It provides access to abutting property.
STREET, CONTROLLED ACCESS ARTERIALThe condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.
STREET, CUL-DE-SACA short street having but one end open to traffic and the other end being permanently terminated in a vehicular turnaround.
STREET, FRONTAGEA minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.
STREET, LOCALA street of little or no continuity designed to provide access to abutting property and leading into collector streets.
STREET, MAJOR THOROUGHFAREA street used or intended to be used primarily for fast or heavy through traffic. Major thoroughfares shall include freeways, expressways and other highways and parkways, as well as arterial streets.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
STRUCTURE, MINORAny small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls.
SUBDIVIDERAny person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor subdivision or replat.
SUBDIVISIONThe division of a lot, outlot, parcel, or tract of land by the owner thereof or their agent for the purpose of transfer of ownership or development:
1. Where the act of division creates five or more parcels or building sites, all of which are five acres or less in area; or
Where the act of division creates five or more parcels or building sites, all of which are five acres or less in area, by successive divisions within a period of five years, whether done by the original owner or a successor owner.
SUBDIVISION, MINORThe division of land by the owner or their agent resulting in the creation of not more than four parcels or building sites.
TIME OF TRAVEL, FIVE-YEARThe five year time of travel is the recharge area upgradient a well, including the cone of depression, the outer boundary from which it is determined or estimated that groundwater will take five years to reach a pumping well.
TIME OF TRAVEL, THIRTY-DAYThe thirty-day time of travel is the recharge area of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.
TREE DIAMETER-AT-BREAST-HEIGHTA standard measure of tree size, and is a tree trunk diameter measured in inches at a height of 4 1/2 feet above the ground. If a tree splits into multiple trunks below 4 1/2 feet, the trunk is measured at its most narrow point beneath the split.
TREE DRIP LINEAn imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground.
UNNECESSARY HARDSHIPAn unusual or extreme decrease in the adaptability of the property to the uses permitted by the zoning district which is caused by facts, such as rough terrain or good soil conditions, uniquely applicable to the particular piece of property as distinguished from those applicable to most or all property in the same zoning district.
UTILITIESPublic and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, fiber cables, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
VEGETATIVE BUFFERA protective vegetated zone located adjacent to a natural resource such as a water body or a vegetated area used to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
WELL FIELDA parcel of land used primarily for the purpose of locating wells to supply a municipal water system.
WETLANDSAn 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 as defined by §
23.32(1), Wis. Stats..
The rules of administrative agencies having rule-making authority in Wisconsin published in a loose-leaf, continual revision system, as directed by § 35.93 and Chapter
227, Wis. Stats., including subsequent amendments to those rules.
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except vegetation.
YARD, REARA yard extending across the full width of the 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 foundation of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot. See
Figure 13.06.12-3.
The minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches.
YARD, SIDEA 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 foundation of the principal structure. See
Figure 13.06.12-3.
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the foundation of the principal structure. Corner lots shall have two street yards. See
Figure 13.06.12-3The saturated zone is the area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.
Figure 13.06.12-3 Yard Designation  |
