For the purposes of this chapter, the following definitions
shall be used. Words used in the present tense include the future,
the singular number includes the plural number, and the plural number
includes the singular number. The word "shall" is mandatory and not
optional.
ABUTTING
Having a common property line or district line.
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal
use of a structure, land, or water and located on the same lot or
parcel serving a purpose customarily incidental to the principal use
or the principal structure, and, in the case of a building, does not
occupy more than 30% of the required rear yard.
ALLEY
A special public right-of-way affording only secondary access
to abutting properties.
APARTMENT
A portion of a multiple dwelling used as a separate housing
unit and having cooking facilities and a private bath.
ARTERIAL STREET
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways shall
include freeways and expressways as well as arterial streets, highways,
and parkways.
BASEMENT
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-round
living accommodations. Space partly below grade which is designed
and finished as habitable space is not defined as basement space.
BILLBOARD
An advertising device, either freestanding or attached to
a building, which is used to display information not related to the
use or ownership of the establishment or the property upon which it
is located.
BLOCK
A tract of land bounded by streets or by a combination of
streets and public parks, or other recognized lines of demarcation.
BOARDINGHOUSE
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for four or more persons not members of a family, but not exceeding
six persons and not open to transient customers.
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 not including basements, 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 flat roofs; to the mean height level between
the eaves and ridges of gable, gambrel, hip, and pitch roofs; or to
the deckline of mansard roofs.
BUILDING INSPECTOR
The employee of the Village officially designated to administer Chapter
120, Building Construction, and this chapter.
BUILDING LINE, FRONT
A line parallel to the street, intersecting the foremost
point of the building, excluding uncovered steps.
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot
on which said building is located.
BUSINESS
A commercial establishment engaged in the purchase and sale
of goods and services for a profit (not including manufacturing or
industrial establishments).
CANOPY or MARQUEE
A roof-like structure, of a permanent nature, which projects
from the wall of a building.
CELLAR
A portion of a building located partly or wholly underground,
and having 2/3 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground. (See "basement.")
CERTIFICATE OF OCCUPANCY
A written statement issued by the Building Inspector which
permits the use of a building or lot or a portion of a building or
lot, and which certifies compliance with the provisions of this chapter
for the specified use and occupancy.
CLINIC
A building used by a group of doctors or dentists for the
examination or treatment of persons on an outpatient or non-boarding
basis only.
CLOTHING REPAIR SHOPS
Shops where clothing is repaired, such as shoe repair shops,
seamstress, tailor shops, shoe shine shops, and 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.
CLUB
A building owned, leased or hired by a nonprofit association
of persons, who are bona fide members paying dues, the use of which
is restricted to said members and their guests.
COLLECTOR HIGHWAY
Serves as a linkage between local roads and arterials. "High"
collectors serve communities exceeding 200 population and significant
recreational centers. "Low" collectors de-emphasize mobility and carry
generally low traffic volumes.
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.
CONFORMING USE
Any lawful use of a building or lot which complies with the
provisions of this chapter.
CORNER LOT
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 side.
CURB GRADE
The level of the established curb in the front of the building,
measured at the center of such front. Where no curb has been established,
the Village Board shall authorize and approve the establishment of
such curb level or its equivalent for the purpose of this chapter.
DWELLING
A detached building designed or used exclusively as a residence
or sleeping place, but does not include boardinghouses or lodging
houses, motels, hotels, tents, cabins, or mobile homes.
DWELLING UNIT
One or more rooms designed as a unit for occupancy by not
more than one family for living and sleeping purposes.
DWELLING, MULTIPLE
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, apartment hotels and group houses.
DWELLING, ONE-FAMILY
A detached building designed, arranged or used for, and occupied
exclusively by, one family.
DWELLING, TWO-FAMILY
A building designed, arranged or used for, or occupied exclusively
by, two families, living independently of each other.
EFFICIENCY
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
EMERGENCY SHELTER
Public or private enclosures designed to protect people from
aerial, radiological, biological, or chemical warfare, fire, flood,
windstorm, riots, and invasions.
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, lift stations, and hydrants,
but not including buildings.
EXPRESSWAY
A divided principal or primary arterial highway with full
or partial control of access and with or without grade-separated intersections.
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, the following criteria shall be present: 1)
the group shares the entire dwelling unit; 2) the group lives and
cooks together as a single housekeeping unit; 3) the group shares
expenses for food, rent, utilities or other household expenses; 4)
the group is permanent and stable and not transient or temporary in
nature; 5) any other factor reasonably related to whether the group
is the functional equivalent of a family. This definition is not intended
to prohibit group homes or community living arrangements that are
determined to be protected by the Federal Fair Housing Law, provided
that such facilities are licensed and permitted under the authority
of the State Department of Health Services or the State Department
of Children and Families or other state department or agency.
FARM
Land consisting of two or more acres on which produce, crops,
livestock or flowers are grown primarily for off-premises consumption
or use.
FLOOR AREA
A.
For residential uses, the sum of the gross horizontal areas
of the several floors of a dwelling unit, exclusive of porches, balconies,
garages and basements, measured from the exterior faces of the exterior
walls or from the center lines of walls or partitions separating dwelling
units.
B.
For uses other than residential, the area measured from the
exterior faces of the exterior walls, or from the center line of walls
or partitions separating such uses, including all floors, lofts, balconies,
mezzanines, cellars, basements, and similar areas devoted to such
uses.
FREEWAY
An expressway with full control of access and with fully
grade-separated intersections.
FRONT 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.
FRONTAGE
The smallest dimension of a lot abutting a public street,
measured along the street line.
FRONTAGE, LOT
The smallest dimension of a lot abutting a public street,
measured along the street line.
GARAGE, PRIVATE
An accessory building or portion of the principal building
used for vehicular storage only, and having a capacity of not more
than three automobiles, or not more than one automobile per family
housed in the building to which such garage is accessory, whichever
is the greater, and in which space may be used for not more than one
commercial vehicle, and in which space may be rented for not more
than three vehicles of others not occupants of the building to which
such garage is accessory. The term also includes carport and, when
related to the context, shall relate to the storage of one or more
vehicles.
GIFT STORES
Retail stores where items such as art, antiques, jewelry,
books, and notions are sold.
HARDWARE STORES
Retail stores where items such as plumbing, heating, and
electrical supplies, sporting goods, and paints are sold.
HOTEL
An establishment for transient guests having more than six
sleeping rooms without individual cooking facilities.
HOME OCCUPATION
Any occupation or profession for gain or support conducted
entirely within buildings by resident occupants which is customarily
incidental to the principal use of the premises. It shall include
residences of baby-sitters, milliners, dressmakers, launderers, craftsmen
and canners, but does not include the display of any goods nor such
occupations as barbering, beauty shops, dance schools, real estate
brokerage or photographic studios. It shall not include the display
of goods visible from outside the premises.
INTERCHANGE
A grade-separated intersection with one or more turning lanes
for travel between intersection legs.
JUNKYARD
An area consisting of buildings, structures or premises where
junk, waste, discarded or salvage materials are bought, sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards, 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.
LIVING ROOMS
All rooms within a dwelling except closets, foyers, storage
areas, utility rooms, and bathrooms.
LOADING AREA
A complete 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.
LOCAL HIGHWAY
Roads which are intended to move vehicles from individual
parcels to the higher order road systems and should not carry through
traffic. Local roads carry low traffic volumes.
LOT
A parcel of land having frontage on a public street, occupied
or intended to be occupied by a principal structure or use and sufficient
in size to meet the lot width, lot frontage, lot area, yard, parking
area, and other open space provisions of this chapter.
LOT AREA
The total area in a horizontal plane within the peripheral
boundaries of a lot.
LOT COVERAGE
The percent of the area of a lot occupied by buildings or
structures, including accessory buildings or structures.
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 at the rear of the
specified street yard.
LOT, REVERSED CORNER
A corner lot which is oriented such 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, THROUGH
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both public streets shall be deemed front lot lines.
LOT, ZONING
A single tract of land located within a single block which
at time of filing for a building permit is designated by its owner
or developer as a tract to be used, developed or built upon as a unit
under single ownership or control.
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 and plumbing, heating and electrical
repair and overhaul shops.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home
under 42 U.S.C. §§ 5401 to 5425 which, when placed
on the site:
A.
Is set on an enclosed continuous foundation in accordance with
§ 70.043(1), Wis. Stats., and Ch. SPS 321, Subchapters III,
IV, and V, Wis. Adm. Code, or is set on a comparable enclosed continuous
foundation system approved by the Building Inspector, who may require
a plan for such foundation to be certified by a registered architect
or engineer to ensure proper support for such structure;
B.
Is installed in accordance with the manufacturer's instructions;
C.
Is properly connected to utilities; and
D.
Meets other applicable standards of this chapter.
MINOR STRUCTURE
Any small, movable accessory erection or construction such
as birdhouses, tool houses, pet houses, play equipment, arbors, and
walls and fences under four feet in height.
MOBILE HOME
A one-family dwelling unit of vehicular design, built on
a chassis and originally designed to be moved from one site to another,
and used without permanent foundation.
MOBILE HOME PARK
Any lot on which two or more mobile homes are parked for
the purpose of temporary or permanent habitation.
MOTEL
A series of attached, semi-attached, or detached sleeping
units for the accommodation of transient guests.
NONCONFORMING USE OR STRUCTURE
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 amendments thereto. Any such structure conforming in respect to
use but not in respect to frontage, width, height, area, yard, parking,
loading, or distance requirements shall be considered a nonconforming
structure and not a nonconforming use.
NURSERY SCHOOL
Any building used routinely for the daytime care and education
of preschool age children and including all accessory buildings and
play areas, other than the child's own home or the homes of relatives
or guardians.
NURSING HOME
Any building used for the continuous care, on a commercial
or charitable basis, of persons who are physically incapable of caring
for their own personal needs.
PARKING FACILITY/LOT
A structure or an open space other than a street or alley
used for temporary parking of more than four self-propelled vehicles
and available for public use, whether free, for compensation, or as
an accommodation for clients or customers.
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 100 feet, and all property owners of opposite frontages.
PLANNED UNIT DEVELOPMENT
A tract of land which contains or will contain two or more
principal buildings, developed under single ownership or control,
the development of which is unique and of a substantially different
character than that of surrounding areas.
PRIMARY ARTERIAL HIGHWAY
Serves long trips with high mobility. Connects regions or
important cities. Serves communities with over 5,000 population by
1990. Continuous system in combination with principal arterials. Provides
high level of service with only slight variation.
PRINCIPAL ARTERIAL HIGHWAY
Serves longest trips with highest mobility. Connects states,
regions or metropolitan areas. Serves cities with over 50,000 population
by 1990. Continuous, interconnected system with uninterrupted maximum
level of services.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, practitioners, dentists,
clergymen, architects, landscape architects, professional engineers,
professional land surveyors, lawyers, artists, teachers, authors,
musicians, or other recognized professions where the office does not
exceed 1/2 the area of only one floor of the residence and only one
nonresident person is employed.
RAILROAD RIGHT-OF-WAY
A strip of land with tracks and auxiliary facilities for
track operation, but not including freight depots or stations, loading
platforms, train sheds, warehouses, car or locomotive shops, or car
yards.
REAR YARD
A 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 principal structure. This yard shall be opposite the front yard
or one of the front yards on a corner lot.
SETBACK
The minimum horizontal distance between the front lot line
and a structure.
SHOPPING CENTER
A group of stores planned and designed for the site on which
it is built, functioning as a unit, with off-street parking provided
on the property as an integral part of the unit. (See "planned unit
development.")
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 street.
SIGNS
Any words, letters, figures, numerals, phrases, sentences,
emblems, devices, designs, trade names, or trademarks by which anything
is made known and which are used to advertise or promote an individual,
firm, association, corporation, profession, business, commodity or
product and which are visible from any public street or highway.
SMOKE UNIT
The number obtained when the smoke density in Ringelmann
number is multiplied by the time of emission in minutes.
STANDARD ARTERIAL HIGHWAY
Serves long trips with good mobility. Has intraregional and
inter-community connections. Serves communities with over 1,000 population.
It is generally continuous system in combination with principal and
primary arterials. Provides good level of service under varying operating
conditions.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between such floor and the ceiling
next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two exterior walls, are not more than two feet
above the floor of such story.
STREET
A public thoroughfare which may either provide the principal
means of pedestrian and/or vehicular access to abutting property or
may provide for the movement of pedestrian and/or vehicular traffic,
or both.
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 ALTERATION
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, towers,
masts, poles, booms, signs, decorations, carports, machinery and equipment.
TRAVEL TRAILER
A vehicular portable structure, built on a chassis and designed
to be used for temporary occupancy for travel, recreational or vacation
use, limited in weight or length to either a maximum weight of 4,500
pounds or a maximum length of 28 feet.
TURNING LANE
An existing or proposed connecting roadway between two arterial
highways or between an arterial highway and any other highway. Turning
lanes include grade-separated interchange ramps.
USE
The use of a property is the purpose or activity for which
the land or building thereon is designed, arranged or intended, or
for which it is occupied or maintained, and shall include any manner
of performance of such activity with respect to the performance standards
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 regulation stations, but not including sewage disposal plants,
municipal incinerators, warehouses, shops, and storage yards.
YARD
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except for vegetation. The
street and rear yards extend the full width of the lot.
ZONING DISTRICT
An area or areas within the corporate limits for which the
regulations and requirements governing use, lot and bulk of buildings
and premises are uniform.
ZONING PERMIT
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
to be located.