See §
475-702 for a description of the use classification and categorization system used in this chapter and for use type definitions.
ACT OF GOD
An event that directly and exclusively results from the occurrence
of natural causes that could not have been prevented by the exercise
of foresight or caution.
ADJACENT
Lying near or in the immediate vicinity.
AGENT
A person duly authorized to act on behalf of the owner of
the subject property.
ALLEY
A special public right-of-way affording only secondary access
to abutting properties, typically at the rear or sides.
ALTERATION
An enhancement, upgrading or substantial change or modifications
other than an addition or repair to a dwelling or to electrical, plumbing,
heating, ventilating, air conditioning and other systems within a
structure.
AMATEUR RADIO FACILITY
Any tower or antenna used for noncommercial radio communications
(transmission and reception) maintained by an FCC-licensed amateur
radio operator.
ANIMAL, COMPANION
Animals that are commonly kept by persons as a pet or for
companionship. Companion animals have the following characteristics:
have a special and close relationship with humans; are partially or
totally dependent on people; commonly live inside a residence in close
proximity with humans; form bonds with people; and interact with their
human companions. Dogs and cats are common companion animals.
ANIMAL, FARM
Breeds of animals raised primarily for commercial or food
production purposes in outbuildings or in open spaces away from residences.
Typical examples include cattle, bison, swine, poultry, sheep, goats,
donkeys and horses.
ANTENNA
An exterior transmitting or receiving device mounted on the
ground or on a telecommunications tower, building or structure and
used in communications that radiate or capture electromagnetic waves,
microwaves, digital signals, analog signals, radio frequencies (excluding
radar signals), wireless telecommunications signals or other communication
signals.
APPLICANT
The owner of the subject property or an agent authorized
by the subject property owner to submit an application on the owner's
behalf.
ATTENTION-GETTING DEVICE
A pennant, flag, valance, banner, propeller, spinner, streamer,
searchlight, strobe light, flashing light, balloon, inflatable shape,
or similar device used to draw attention to a particular place, including
but not limited to the outlining of structures or premises by the
use of internal or external lighting techniques.
AWNING
A roof-like structure typically made of cloth, metal or other
material attached to a frame that extends from and is supported by
a building. Awnings are typically erected over a window, doorway or
building front and they may be raised or retracted to a position adjacent
to the building.
BANNER
A temporary sign composed of lightweight material enclosed
or not enclosed in a rigid frame, secured or mounted to a permanent
structure.
BALCONY
A platform, with or without a roof, that:
A.
Projects from the exterior wall of a structure above the ground
floor;
B.
Is exposed to the open air;
C.
Has direct access to the interior of the building; and
D.
Is not supported by posts or columns extending to the ground.
BASEMENT
A story partly underground but having at least one-half of
its height below the mean level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurements
if the vertical distance between the ceiling and the mean level of
the adjoining ground is more than five feet, or if used for business
purposes, or if used for dwelling purposes. "Basement" is the same
as, and includes, the word "cellar."
BATTERY CHARGING STATION
An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric
vehicles.
BATTERY EXCHANGE STATION
A facility designed to enable an electric vehicle with a
swappable battery to enter a drive lane and exchange the depleted
battery for a more fully charged battery through an automated process..
BAY WINDOW
A window that projects outward from the structure and that
does not rest on a building foundation or on the ground.
BERM
A vegetated, elongated earthen mound.
BIORETENTION
The use of soil and plants to remove pollutants from stormwater
runoff.
BLOCK FACE
All lots abutting one side of a street between the two nearest
intersecting streets.
BUILDING
A structure that is permanently affixed to the land, with
or without a roof, or walls on all sides, and used or intended for
supporting or sheltering any use or occupancy.
BUILDING FACADE
That portion of a building that is parallel or nearly parallel
to the abutting street.
BUILDING, PRINCIPAL
A building or combination of buildings of chief importance
or function on a lot. In general, the principal use of the property
is carried out in the principal building.
CALIPER
The diameter of the tree trunk measured at a point six inches
above the root ball or soil level.
CANOPY
A permanent structure that consists of an overhanging shelter
connected to a building and constructed of materials such as wood
or steel studs covered with wood or other material and that may or
may not be supported by vertical columns.
CAR-SHARE PROGRAM
A system in which a fleet of cars (or other motor vehicles)
is made available for use by members of the car-share program and
that exhibit all of the following characteristics:
A.
Members are permitted to use vehicles from the car-share program
fleet on an hourly or shorter basis;
B.
Car-share vehicles are generally available 24 hours a day and
seven days a week to members in parking spaces at dispersed locations
or facilities; and
C.
No separate written agreement is required each time a member
reserves and uses a car-share vehicle.
CAR-SHARE VEHICLE
A motor vehicle that is part of a car-share program's fleet
of rental vehicles.
CARPORT
A structure with a roof and at least two sides used for the
protection of one or more vehicles.
CHARACTER
Any letter of the alphabet or any numeral.
COLD FRAME
An unheated structure no more than four feet in height used
for protecting seedlings and plants from the cold.
COMMERCIAL MESSAGE
Any sign, wording, logo, or other representation that directly
or indirectly, names, advertises, or calls attention to a business,
product, service or other commercial activity.
COPY (SIGN)
Written material, printed text, numbers, logos, symbols or
pictures located on the copy surface for the purpose of delivering
a message.
CURB LEVEL
The average (mean) level of the established curb along the
street frontage of the subject lot. Where no curb has been established,
the Village Engineer is authorized to establish such curb level or
its equivalent.
DB(A)
The intensity of sound expressed in decibels read from a
calibrated sound level meter utilizing the A-level weighting scale
and the slow-meter response, as specified by the American National
Standards Institute.
DECIBEL (DB)
The logarithmic unit of measure used to describe the amplitude
of sound.
DECK
An unenclosed exterior structure that has no roof or sides,
but has a permeable floor that allows the infiltration of precipitation.
DRIVEWAY
A paved or surfaced area which provides ingress and egress
to a parking area or garage.
DUMPSTER
A container with a capacity of more than 1.5 cubic yards
or a height of more than 4.5 feet that is designed for receiving,
transporting, and depositing waste materials produced by uses that
are on the subject site. Dumpsters are typically designed to be hoisted
and emptied into a garbage truck.
DWELLING
A building or portion of a building, but not including a
mobile home or manufactured housing unit, designed or used exclusively
for residential occupancy, including detached houses, attached houses,
two-unit houses, and residential buildings occupied by three or more
dwelling units, but not including group residential or lodging uses.
DWELLING UNIT
One or more rooms in a dwelling designed for occupancy by
a single household for living purposes and having its own permanently
installed cooking and sanitary facilities.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets, either partially
or exclusively, on electrical energy from the grid or an off-board
source that is stored on-board via a battery. "Electric vehicle" includes:
1) battery electric vehicles; and 2) plug-in hybrid electric vehicles.
ELECTRIC VEHICLE CHARGING STATION, PRIVATE (RESTRICTED-ACCESS)
An EV charging station that is not available for use by the
general public. Examples include electric vehicle charging stations
that serve residential homeowners or renters, executive parking areas,
designated employee parking areas and fleet parking areas.
EROSION
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice, or gravity.
EXERCISE OF RELIGION
An act or refusal to act that is substantially motivated
by religious belief, whether or not the religious exercise is compulsory
or central to a larger system of religious belief.
FENCE
A human-made barrier constructed of wood, iron, stone, or
other material erected for the purpose of protection, confinement,
enclosure, or privacy.
FOOTCANDLE
The luminance on a one-square-foot surface of which there
is a uniformly distributed flux of one lumen. One footcandle is equal
to one lumen per square foot. Unless otherwise expressly provided,
footcandle measurements in this section shall refer to ground-level
measurements of luminance at fully maintained output as used rather
than initial luminance.
FOUNDATION, PERMANENT
A closed perimeter formation consisting of materials such
as concrete or concrete block that extends into the ground below the
frost line.
FRONTAGE, STREET
The dimension of a lot abutting a public street, measured
along the setback line.
GARAGE
A structure primarily intended and used for the enclosed
storage or shelter of the motor vehicles of the individuals who reside
on the premises. Carports are considered garages within this definition.
GARAGE, ATTACHED
A garage, the roof of which is attached to the principal
building.
GARAGE, PRIVATE
A completely enclosed building used in connection with one
or more private dwelling units for the purpose of housing one or more
vehicles, only one of which may be a commercial vehicle not exceeding
two tons, owned by the occupant of the residence and which are used
for personal or family use. A private garage also is a garage used
in connection with a two-family dwelling or any type of multiple dwelling
for the purpose of housing vehicles for each family living unit, all
of which garage space is assigned to occupants of the dwelling, only
one of which shall be a commercial vehicle not exceeding two tons'
capacity for each dwelling unit.
GARAGE, PUBLIC
Any building or premises used by the public for housing two
or more motor-driven vehicles and which has an area of more than 500
square feet.
GEOTHERMAL ENERGY SYSTEM (GEOTHERMAL HEAT EXCHANGE)
Equipment that transfers thermal energy to and/or from the
ground for the purposes of heating and/or cooling a building. Geothermal
energy systems consist of a closed-loop system of pipes filled with
liquid, a heat exchanger and heat pump. This includes vertical closed
loop, horizontal closed loop and water body closed loop systems.
GRADE, FINISHED
The vertical location of the ground or pavement surface after
site grading work is completed in accordance with an approved plan.
GREEN ROOF
An extension of an above-grade building roof that includes
at least a waterproof membrane, a root repellent system, a drainage
system, a filtering layer, soil with a minimum depth of three inches
and native or naturalized plants. Also commonly referred to as a "vegetated
roof."
GROUND-FLOOR LEVEL
The lowest level of a building that is at or above grade
for at least 50% of its interior floor-to-ceiling height.
HABITABLE ROOM
Any room that meets adopted building code requirements for
a habitable room, including minimum room proportions, minimum egress
requirements, and minimum standards for lighting, ventilation, electricity,
and public safety requirements.
HARD SURFACE
A driveway or parking lot surfaced with concrete, paving
brick, blacktop or porous pavement or bituminous paving (gravel, rock,
patio blocks, bricks and other like materials are not considered hard
surface).
HEDGE
A dense row of shrubs forming a boundary fence or barrier.
HOME OCCUPATION
An accessory use of a dwelling for limited commercial purposes. Home occupations are subject to the regulations of §
475-709.
HOMELESS PERSON
An individual who, or family which, lacks a fixed, regular
and/or adequate nighttime residence.
HOMELESS SHELTER
Emergency housing with minimal supportive services for homeless
persons that is intended for occupancy of 14 days or less in a given
year by a homeless person.
HOOP HOUSE
A temporary or permanent structure typically made of flexible
pipe or other material covered with translucent plastic, constructed
in a half-round or hoop shape, for the purposes of protecting and
cultivating plants. A hoop house is considered more temporary than
a greenhouse.
HOUSEHOLD
One or more persons occupying a dwelling unit and living
as a single housekeeping unit, as distinguished from a group of individuals
occupying a group living use.
INVASIVE (PLANT) SPECIES
Any plant species, including its seeds, spores or other biological
material capable of propagating that species, that is not native to
that ecosystem, and whose introduction causes or is likely to cause
environmental harm.
LANDOWNER
Any person holding title to or having an interest in land.
LANDSCAPING
Any combination of living plants (such as grass, ground cover,
shrubs, vines, hedges, or trees) and nonliving landscape material
(such as rocks, pebbles, sand, mulch, walls, fences, or decorative
paving materials).
LAWFULLY ESTABLISHED
A use, structure, lot or sign (as the context indicates)
that was established in conformance with all applicable zoning regulations
in effect at the time of its establishment.
LIGHT TRESPASS
Light from an artificial light source that is intruding across
property boundaries.
LIGHTING, OUTDOOR
Includes, but is not limited to, floodlighting, security
lighting, event lighting, landscape lighting or the lighting of off-street
parking and loading areas, but does not include public streetlights
or traffic signals.
LIGHTING, SECURITY
Any light source used to illuminate a building, structure
or property during the evening hours that seeks to deter criminal
activity.
LOGO
A design used by an organization on its letterhead, advertising
material and signs as an emblem by which the organization can be easily
recognized.
LOT
A parcel of land occupied or to be occupied by one principal
building or use, with its accessory building and/or use, and including
the open spaces accessory to the same.
LOT AND BUILDING REGULATIONS
Zoning district provisions governing such matters as required
minimum lot area, minimum lot width, setbacks, maximum lot coverage
and maximum building height.
LOT LINE, FRONT
The boundary of a lot that is along an existing or dedicated
public street or, where no public street exists, that is along a public
way. In the case of a corner lot, the front lot line is that line
that borders the street that determines the address and upon which
the main entrance is or will be located.
LOT LINE, REAR
That boundary of a lot that is most distant from and is,
or is most nearly, parallel to the front lot line.
LOT OF RECORD
A parcel of land, the deed to which has been recorded in
the office of the Register of Deeds of Brown County.
LOT, CORNER
A parcel of land at the junction of two streets intersecting
at an angle not greater than 135°.
LOT, REVERSED CORNER
A corner lot with a single adjoining interior lot that abuts
a street different from the street upon which the adjoining interior
lot abuts.
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel
streets.
LUMEN
A unit of illumination, being the amount of illumination
of a unit area of spherical surface due to a light of unit intensity
placed at the center of the sphere.
MOBILE (OR TEMPORARY) STORAGE UNIT
A mobile, fully enclosed container that is specifically designed
and used for the temporary storage of household goods, wares, and
materials for the purpose of moving, relocation, or temporary storage
during construction.
PARAPET or PARAPET WALL
A wall-like barrier at the edge of a roof that acts as a
vertical extension of an exterior building wall extending above the
roof height of the building.
RAINWATER COLLECTION EQUIPMENT
A rain barrel or similar container that collects and stores
rainwater or other water that would otherwise be lost as runoff or
diverted into a storm drain.
(SIGN) BANNER
A sign composed of lightweight, flexible, non-rigid material
that is mounted to a pole or a structure at one or more edges either
vertically or horizontally. Flags are not considered banners.
(SIGN) BEACON
A stationary or revolving light that flashes or projects
illumination, single color or multicolored, in any manner that is
intended to attract or divert attention; except, however, that this
term does not include lights required or necessary under the safety
regulations prescribed by the Federal Aviation Administration or similar
agencies.
(SIGN) DWELL TIME
The duration or interval of time during which each individual
advertisement or message is displayed on any sign with a dynamic display.
(SIGN) FLAG
A generally rectangular or triangular sign or part of a sign
made of fabric or other pliant material attached to a flagpole only
along one side and which predominately displays distinctive colors,
images, shapes or designs rather than legible words, letters, numbers
or other linguistic characters.
(SIGN) STATIC MESSAGE
An advertisement or message that, when displayed, contains
no motion, flashing, changeable copy, running lights, variances in
brightness, or animation.
(SIGN) STORYBOARDING
The consecutive display of advertisements or messages on
a sign, used to provide a continuing or evolving message, theme or
story.
(SIGN) WIND DEVICE
Any flag, banner, pennant, streamer or similar device that
moves freely in the wind.
(SIGN) WORD
Any and all of the following (otherwise, each separate character
is considered to be a word):
A.
A word in any language found in any standard unabridged dictionary
or dictionary of slang.
B.
A proper noun or any initial.
C.
A separate symbol or abbreviation, such as "&," "S," "%"
and "INC."
D.
A telephone number, street number or commonly used combination
of numerals and/or symbols such as "$5.00" or "50%."
E.
A symbol or logo that is a registered trademark, but that itself
contains no word or character.
SETBACK
An open space area required between a lot line and a building.
SIGN
Any object, device, structure or part thereof used to advertise,
identify, display or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. Signs as defined herein
do not include temporary holiday decorations, or landscape features
that display no words or symbols.
SIGN, ANIMATION
The presentation of pictorials and graphics on signs displayed
in a progression of frames that give the illusion of motion, including
but not limited to the illusion of moving objects, moving patterns
or bands of light, or expanding or contracting shapes.
SIGN, CAMPAIGN
A temporary sign displayed on a lot during an active local,
state or federal campaign for public office or ballot issue or referendum,
generally intended to promote the ultimate exercise of voting by the
general public.
SIGN, CONSTRUCTION
A temporary sign located on a lot upon which building or
construction is actively occurring.
SIGN, DRIVEWAY
A sign located near a driveway entrance from a street or
near an internal site driveway or drive aisle.
SIGN, DYNAMIC DISPLAY
Any element of a sign or sign structure capable of displaying
words, symbols, figures, images or messages that can be electronically
or mechanically changed by remote or automatic means. This also includes
any display that incorporates rotating panels, LED lights manipulated
through digital input, digital ink or any other method or technology
that allows a sign to present a series of images, messages or displays.
SIGN, FLASHING (ILLUMINATION)
A light source or other image that in whole or in part physically
changes in light intensity or gives the appearance of such change.
SIGN, FREESTANDING
A sign that is part of a self-supporting structure, other
than a building or portion of a building. Sometimes referred to as
a "ground sign."
SIGN, ILLUMINATED
Any sign, other than a dynamic display, that is directly
lighted by any constant light source, internal or external, except
light sources specifically and clearly operated for the purpose of
lighting the general area in which the sign is located rather than
the sign itself.
SIGN, MONUMENT
A freestanding sign where the base of the sign structure
is on the ground or no more than 12 inches above the ground adjacent
to the sign. Typically constructed of brick, wood, stone, or metal,
monument signs have a base that is at least 75% of the width of the
sign face.
SIGN, OFF-PREMISES ADVERTISING
A sign that directs attention to a business, commodity, service,
or activity that is conducted, sold or offered elsewhere than upon
the lot where the subject sign is located.
SIGN, ON-PREMISES
A sign that directs attention to a business, commodity, service,
or activity that is conducted, sold or offered upon the lot where
the subject sign is located.
SIGN, PROJECTING
A sign that is affixed to a building wall, canopy, awning
or marquee and that extends horizontally more than 15 inches from
the wall, canopy, awning or marquee.
SIGN, PROMOTIONAL
A temporary sign that is located on a lot on which a business
promotion is actively occurring and that consists of tinsel, flags,
balloons, banners, wind devices, or similar attention-getting devices,
whether or not the same contain any words, numbers or characters.
SIGN, REAL ESTATE
A temporary sign located on a lot or portion of a lot that
is actively being marketed for sale, rental or lease.
SIGN, ROOF
A sign that is affixed to a roof, extended roof, pitched
roof, or canopy, and that extends above the building wall or parapet
wall.
SIGN, SPECIAL EVENT
A sign approved in connection with a special event permit
approved by the Village Board.
SIGN, WALL
A sign affixed to a building wall, canopy, awning, marquee
or parapet wall, or a sign displayed in or on a door that does not
extend horizontally more than 15 inches from the wall, canopy, awning,
marquee, parapet wall, or door, nor extend above the parapet wall.
SOLAR ENERGY SYSTEM
A system intended to convert solar energy into thermal, mechanical
or electrical energy.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED
A solar energy system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural part of the building.
Building-integrated systems include, but are not limited to, photovoltaic
or hot water systems that are contained within roofing materials,
windows, skylights, shading devices and similar architectural components.
SOLAR PANEL
A group of photovoltaic cells assembled on a panel. Panels
are assembled on-site into solar arrays.
STORY
A habitable space between two floors or between a floor and
the ceiling above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not less than
two feet above the floor of such story.
STREET
A public thoroughfare 30 feet or more in width.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground.
UNDERLYING ZONING
The zoning district existing at the time the overlay conditional
use is adopted or is subsequently amended.
VARIANCE
An exemption from certain of the requirements of the zoning
district.
VEHICLE, MOTORIZED
A self-propelled vehicle, and/or a combination of two or
more vehicles that is used or intended to be used for the transportation
of freight or passengers upon a street or highway, except a device
used exclusively upon stationary rails or tracks.
VEHICLE, NONMOTORIZED
Bicycles, roller skates, skateboards, wheelchairs and similar
human-propelled conveyances.
VISION CLEARANCE SETBACK LINE
A line connecting the points on each right-of-way line at
a street intersection, which points are located 30 feet from the closest
intersection of the right-of-way lines.
VISION CLEARANCE TRIANGLE
The area in each segment of land at the intersection of two
or more streets which is bounded by the street right-of-way lines
and a vision clearance setback line. Also known as a "sight triangle."
YARD, FRONT
An open space on the same lot with the main building, extending
the full width of the lot and situated between the front lot line
and the front line of the building projected to the side lines of
the lot. The depth of the front yard shall be the mean distance as
measured between the front line of the building and the front lot
line. Covered porches, whether enclosed or unenclosed, shall be considered
as part of the main building and shall not project into a required
front yard.
YARD, REAR
An open space on the same lot with a main building, extending
the full width of the lot and situated between the rear lot line and
the rear line of the building projected to the side lines of the lot.
The depth of the rear yard shall be the mean distance as measured
between the rear line of the lot, or the center line of the alley
if there is an alley, and the rear line of the building.
YARD, SIDE
An open space on the same lot with a main building situated
between the side of the building and the adjacent side line of the
lot, and extending from the rear line of the front yard to the front
line of the rear yard. The street side yard on corner lots shall extend
to the rear line of the lot in every case.