A.
For the purpose of this chapter, certain numbers, abbreviations,
terms and words used herein shall be used, interpreted and defined
as set forth in this article.
B.
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the plural
number include the singular; the word "herein" means "in this chapter,"
the word "regulations" means "this chapter."
C.
A "person" includes a corporation, a partnership and an incorporated
association of persons such as a club; "shall" is always mandatory;
a "building" includes a "structure"; a "building" or "structure" includes
any part thereof; "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
The following words, terms and phrases, wherever they occur
in this chapter, shall have the meanings ascribed to them by this
section. Definitions provided by this section include:
Having common border with, or being separated from such common
border by an alley or easement.
A means of vehicular approach, i.e., entry to or exit from
a property, street or highway.
A means of vehicular or nonvehicular approach, entry to,
or exit from property from a source other than a public street or
highway.
See "building, accessory."
A use or structure subordinate to, and serving, the principal
use or structure on the same lot and customarily incidental thereto.
43,560 square feet.
See § 450-33C(2).
An area which is typified by a concentration of nonresidential
and/or multifamily development.
Any walled and roofed expansion to the perimeter and/or height
of a building in which the addition is connected by a common load-bearing
wall. Any walled and roofed addition which is connected by a fire
wall or is separated by independent perimeter load-bearing walls and
is new construction.
Abutting, or being located directly across a right-of-way
from, a separate lot.
See § 450-33B(4).
See § 450-33H(2).
A street or thoroughfare less than 21 feet wide and affording
only secondary access to abutting properties.
One animal unit shall be defined as equivalent to the following:
One 1,000 lb. steer;
One beef cow;
One dairy cow and calf;
Two heifers, 10 months to freshening;
Four calves, 1 1/2 months to 10 months;
Two beef cows, 10 months to freshening;
Four swine;
Eight calves, birth to 1 1/2 months;
Ten sheep;
Ten goats;
One hundred chickens;
One hundred rabbits;
Fifty ducks;
Fifty turkeys, or other poultry;
One of any of the following: horse, mule, donkey or pony.
[Amended 7-17-2023 by Ord. No. 23-10]
One hundred animals for fur-bearing.
[Added 7-17-2023 by Ord. No. 23-10]
See § 450-33A(2)(g).
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 450-22.
The owner of the land or his representative.
The appearance of structures maintains a consistency of design,
materials, colors, and arrangement with nearby properties of similar
use, which comply with the general architectural guidelines provided
in Subsections A through E of this definition below, as determined
by the Plan Commission:
Exterior construction materials shall be consistent with § 450-51;
Exterior building design or appearance shall not be of such
unorthodox or abnormal character in relation to its surroundings as
to be unsightly or offensive to generally accepted taste and community
standards;
Exterior building design or appearance shall not be so identical
with nearby buildings so as to create excessive monotony or drabness.
A minimum of five basic home styles shall be provided in each residential
subdivision;
Exterior building design or appearance shall not be constructed
or faced with an exterior material which is aesthetically incompatible
with other nearby buildings or which presents an unattractive appearance
to the public and from surrounding properties; and
Exterior building, sign, and lighting design or appearance shall
not be sited on the property in a manner which would unnecessarily
destroy or substantially damage the natural beauty of the area.
A public street or highway 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.
See § 450-33D(20).
That part of a building which is immediately below and wholly
or partly within the roof framing.
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
The flood having a 1% chance of being equaled or exceeded
in any given year. The 100-year flood.
A story partly underground.
See § 450-33D(10).
A room in a residence marketed, designed, or otherwise likely
to function primarily for sleeping.
See "outdoor commercial entertainment."
A variance which is automatically granted by a provision
of this chapter in order to reduce the creation of legal nonconforming
developments or legal nonconforming residential structures.
See § 450-33D(14).
Any form of security including cash deposit, surety bond,
collateral, property or instrument of credits in the amount and form
satisfactory to governing body.
Any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See Article VII.
A structure built, maintained, or intended for use for the
shelter or enclosure of persons, animals, or property of any kind.
The term is inclusive of any part thereof. Where independent units
with separate entrances are divided by party walls, each unit is a
building.
Total ground coverage in square feet of all buildings and
structures including garages, carports and other attached or accessory
structures.
A component of a group development which conforms to the
lot lines of developments which are not group developments, in that
required minimum setback distances are measured from the building
envelope line.
That exterior wall of a building which faces the front lot
line of the lot.
The vertical distance from:
The average elevation of the adjoining ground level; or
The established grade, whichever is lower to the top of the
cornice of a flat roof, to the deckline of a mansard roof, to a point
of the roof directly above the highest wall of a shed roof, to the
uppermost point on a round or other arch type roof, to the mean distance
of the highest gable on a pitched or hip roof. Also applies to structures.
A line on a lot, generally parallel to a lot line or road
right-of-way line, located a sufficient distance there from to provide
the minimum yards required by this chapter. The building line determines
the area in which buildings are permitted subject to all applicable
provisions of this chapter. This is also referred to as a "setback."
The narrowest distance between two buildings. See "minimum
building separation."
The total gross floor area of a building. See "maximum building
size."
A building which:
Is subordinate to and serves a principal structure or a principal
use;
Is subordinate in area, extent, and purpose to the principal
structure or use served;
Is located on the same lot as the principal structure or use
served except as otherwise expressly authorized by provisions of this
chapter; and
Is customarily incidental to the principal structure or use.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
A building in which is conducted, or in which is intended
to be conducted, the main or principal use of the lot on which it
is located.
Of a building, the combination of building height, size,
and location on a lot.
See § 450-33E(6).
A measurement of the size of a tree equal to the diameter
of its trunk measurement 0.5 foot above natural grade. Used for trees
in a nursery setting.
See § 450-33D(19).
The amount of light that will illuminate a surface one-foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source, or luminaire.
A dwelling unit used exclusively by the owner, manager, or
operator of a principal permitted use and which is located on the
same parcel as the principal use.
See § 450-33B(3).
A window in which the lowest glassed area is a minimum of
seven feet above the level of the floor located directly under the
window.
A tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as "shade trees." Examples include hickory, oak, maple, etc. See § 450-76.
See § 450-33D(8).
See § 450-33E(1).
See § 450-33D(9).
Any motor vehicle used for business or institutional purposes
or having painted thereon or affixed thereto a sign identifying a
business or institution or a principal product or service of a business
or institution. Agricultural equipment used as part of a permitted
agricultural principal use shall not be considered as a commercial
vehicle.
The City Plan Commission.
See § 450-33I(3).
A legal entity organized under appropriate statutory authority
as a body corporate which represents a town, village, city or county,
such as the case may be.
The impression which an area makes in regard to the type,
intensity, density, quality, appearance, and age of development.
See § 450-33C(7) through (9).
See § 450-33E(7).
See § 450-33G(6).
The Master Plan of the City of Edgerton, Wisconsin, as of
1995 and as subsequently amended.
A land use which requires a conditional use permit in order to develop. See § 450-16 for applicable procedures.
See § 450-33F(2).
See § 450-33F(1).
The area or space within a dwelling unit, measured at ground
floor elevation, devoted to the principal residential use of the structure,
excluding attached garages, porches, sheds, decks, carports, or other
appurtenances.
See § 450-33B(1).
See § 450-33D(11).
A structure that has no roof or walls and is elevated above
grade by more than eight inches. Can be attached or detached to the
principle structure. If attached, it is required to have main supports
and continuous footings below grade by 48 inches and must be raised
above grade and must comply with principle setback requirements. If
detached, shall be an accessory structure.
The transfer of property interest from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or of a less than fee simple interest, including an easement.
A term used to describe the number of dwelling units per
acre.
See § 450-33E(4).
The legal or beneficial owner(s) of a lot or parcel of any
land proposed for inclusion in a development, including an optionee
or contract purchaser.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any buildings; any use or change in
use of any buildings or land; any extension of any use of land; or
any clearing, grading, or other movement of land, for which permission
may be required pursuant to this chapter.
The area of a lot within a large lot residential development
that is devoted to structures and septic systems.
A condition of immediate physical connection resulting from
adjacency of a road or right-of-way abutting a property.
See § 450-33H(4).
The removal of surface water or groundwater from land by
drains, grading, or other means. Drainage includes the control of
runoff, to minimize erosion and sedimentation during and after development,
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
See § 450-33E(11).
Outer perimeter edge of a tree canopy as transferred perpendicularly
to ground level.
See § 450-33D(18).
A minor private way used by vehicles and pedestrians for
common access to a lot, small group of lots or facilities.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
See § 450-33A(2)(b).
A residential building or one or more portions thereof occupied
or intended to be occupied exclusively for residence purpose, but
not including habitations provided in nonresidential uses such as
lodging uses and commercial campgrounds.
A room or group of rooms, providing or intended to provide
living quarters for not more than one family.
The narrowest distance between two dwelling units. See "minimum
dwelling unit separation."
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
A dwelling which is entirely surrounded by open space on
the same lot.
A building or portion thereof designated for, or occupied
by, three or more families or households.
See § 450-33A(2)(a).
A detached building designed for, or occupied exclusively
by, two families or households.
The moving of more than two cubic yards of any type of soils.
Authorization by a property owner for another party to use
for a specified purpose any designated part of his property.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets, and that operates
either partially or exclusively, on electrical energy from the grid,
or an off-board source, that is stored on-board via a battery for
motive purpose. "Electric vehicle" includes:
A structure where electricity is provided directly to the
public on the premises for purposes of charging electric vehicles
at one or more electric vehicle charging stations. An electric vehicle
charging facility may also retail minor accessories but may not provide
other types of vehicle fuel, such as gasoline.
[Added 5-2-2022 by Ord.
No. 22-04]
A parking space, or parking spaces, that is, or are, equipped
with and served by electric vehicle supply equipment for the purpose
of transferring electric energy to a battery or other energy storage
device in an electric vehicle.
[Added 5-2-2022 by Ord.
No. 22-04]
A nonbasement building built to have its lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings columns (post and piers), shear walls, or breakaway
walls.
Public or private enclosures designed to protect people from
flood, windstorm, fire, riots or invasions; and from aerial, radiological,
biological or chemical warfare.
Any fill, structure, building, use, or development in the
floodway.
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.
The area in which the City of Edgerton exercises extraterritorial
powers.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
Facilities that are:
Owned or maintained by public utility companies or public agencies;
and
Located in public ways or in easements provided for the purpose,
or on a customer's premises and not requiring a private right-of-way,
and
Reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communication, or similar services to adjacent customers,
and
Not including any cross-country line on towers.
A divided arterial street or highway, either with full or
partial control of access, and with or without grade separated intersections.
See § 450-33E(13).
See § 450-33I(4).
The area outside of the City limits in which the City of
Edgerton exercises extraterritorial powers of land division and/or
zoning review.
An individual or two or more persons, each related by blood,
marriage or adoption, living together as a single housekeeping unit,
or a group of not more than four persons not so related, maintaining
a common household.
See § 450-33E(20).
See § 450-33E(3).
See § 450-33E(12).
The top surface above an unfinished basement, cellar or crawl
space that is intended for living quarters.
The land adjacent to a body of water which is subject to
periodic overflow therefrom.
The channel of a stream and such adjacent portions of the
floodplain as are required to accommodate flood flows.
The sum of the gross horizontal areas of the several floors
of a building including interior balconies, mezzanines, basements
and attached accessory buildings, fitting rooms, stairs, escalators,
unenclosed porches, detached accessory buildings utilized as dead
storage, heating and utility rooms, inside off-street parking or loading
space. Measurements shall be made from the inside of the exterior
walls and to the center of interior walls.
The ratio calculated by dividing the total floor area of
all buildings on a site by the gross site area. See "maximum floor
area ratio."
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
Represents a factor of safety usually expressed in terms
of a certain amount of feet above a calculated flood level. Freeboard
compensates for the many unknown factors that contribute to flood
heights greater than the height calculated. These unknown factors
may include, but are not limited to, ice jams, debris accumulation,
wave action, obstruction of bridge openings and floodways, the effects
of urbanization on the hydrology of the watershed, loss of flood storage
areas due to development and the sedimentation of a riverbed or streambed.
An expressway with full control of access and with fully
grade separated intersections.
See § 450-33H(3).
The side of a lot abutting on a public street or way and
ordinarily regarded as the front of the lot.
A detached accessory building or portion of the principal
building, including a carport, which is used primarily for storing
passenger vehicles, trailers or one truck of a rated capacity not
in excess of 10,000 pounds.
A graphic representation of the anticipated utilization of
the floor area within a building or structure, but not necessarily
as detailed as construction plans.
See § 450-33F(5).
The brightness of a light source which causes eye discomfort.
The percentage of the gross site area which is preserved
as permanently protected green space. Green space ratio is calculated
by dividing the area of permanently protected green space by the gross
site area. See "minimum green space ratio."
The result of dividing the number of dwelling units located
on a site by the gross site area. See "maximum gross density."
The total floor area of a building.
The total area of a site available for inclusion in calculations
of the maximum permitted density or intensity of development. Gross
site area is determined (see the calculation contained in Natural
Resources Site Evaluation Worksheet) by subtracting the following
from the total site area (as determined by actual on-site survey):
Area within proposed rights-of-way and proposed boundaries of
public facilities;
Land which is not contiguous to, or accessible from the proposed
road network;
Land which is proposed for a different development option or
different zoning district; and
Area of navigable waters. See "minimum site area."
See § 450-33D(17).
A facility licensed by the Department of Children and Families
which provides care for five to eight children but does not include
day-care centers, general hospitals, special hospitals, prisons, and
jails.
[Amended by Ord. No. 95-27; 7-17-2023 by Ord. No. 23-10]
Any building or portion thereof used for human habitation.
Publication or posting meeting the requirements of Ch. 985,
Wis. Stats. Class 1 notice is the minimum required for appeals; published
once at least one week (seven days) before hearing. Class 2 notice
is the minimum required for all zoning ordinances and amendments including
map amendments; published twice, once each week consecutively, the
last at least a week (seven days) before the hearing. Local ordinances
or bylaws may require additional notice exceeding these minimums.
See § 450-33I(2).
See "building height."
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
A zoning district designed to limit development potential
until adequate public services and infrastructure are provided.
See § 450-33E(14).
See "commercial indoor lodging."
The body of persons who live together in one dwelling unit
as a single housekeeping unit.
Tame animals which have been traditionally kept in the home,
to include dogs, cats, rabbits, birds, hamsters, and other animals
which in adult life do not exceed 150 pounds or four feet in height
at normal posture.
See § 450-33B(5).
See § 450-33E(9).
See § 450-33D(6).
A calculated upward rise in the regional flood elevation,
equal or greater than 0.01 foot, resulting in comparison of existing
conditions and proposed conditions which is directly attributable
to manipulation of mathematical variables such as roughness factors,
expansion and contraction coefficients and discharge.
See § 450-33D(7).
See § 450-33C(3).
See § 450-33D(5).
See § 450-33E(16).
See § 450-33E(18).
See § 450-33D(3).
See § 450-33G(1).
See § 450-33H(5).
Development located in areas which are for the most part
developed already.
See § 450-33C(6).
A term used to describe the amount of gross floor area or
landscaped area, on a lot or site, compared to the gross area of the
lot or site.
See § 450-33B(6).
The testing of soil at a particular geographic location as
to its individual assets and limitations.
A grade-separated highway intersection with one or more turning
lanes for travel between intersecting roads or highway.
See § 450-33E(20).
See § 450-33G(4).
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 a landward
side of the floodplain, whichever distance is the greater. Lakeshores
shall not include those lands adjacent to farm drainage ditches where:
The division of a lot, parcel, tract or interest in land
by the owner or owner's agent for the purpose of transfer of ownership
or building development or which creates the need for a public dedication
or reservation of land for public facilities or improvements. For
purposes of compliance with this chapter other than survey requirements,
"land division" includes condominium plats.
The type of development and/or activity occurring on a piece
of property.
See § 450-69.
The percentage of the gross site area or lot area which is
preserved as permanently protected landscaped area.
Nonstructural decorative walls, typically made of stone or
brick.
The area of a site which is planted and continually maintained
in vegetation, including grasses, flowers, herbs, garden plants, native
or introduced ground covers, shrubs, bushes, and trees. 'Landscaped
area" includes the area located within planted and continually maintained
landscaped planters.
See § 450-33I(1).
See § 450-33E(10).
A completely off-street space or berth on a lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley. (See § 450-38 for applicable standards.)
A road which primarily serves to collect traffic originating
directly from residential driveways and private residential courts
and streets.
A parcel of land that:
Is undivided by any street or private road;
Is occupied by, or designated to be developed for, one building
or principal use; and
Contains the accessory buildings or uses customarily incidental
to such building, use, or development, including such open spaces
and yards as designed and arranged or required by this chapter for
such building, use, or development.
The area contained within the property boundaries of a recorded
lot. See "minimum lot area."
The area contained within the property boundaries of a recorded
lot to the rear of the principal structure.
A lot situated at the junction of and abutting on two or
more intersection streets, or a lot at the point of deflection in
alignment of a continuous street, the interior angle of which does
not exceed 135°.
The mean horizontal distance between the front lot line and
the rear lot line of a lot.
Lot width measured at the street lot line. When a lot has
more than one street lot line, lot width shall be measured, and the
minimum lot width required by this chapter shall be provided at each
such line.
A lot other than a corner lot.
The property line bounding a lot except that where any portion
of a lot extends into the public right-of-way or a proposed public
right-of-way, the line of such public right-of-way shall be the lot
line for applying this chapter.
A lot line which abuts a public or private street right-of-way.
In the case of a lot which has two of more street frontages, the lot
line along the street from which the house is addressed shall be the
front lot line.
In the case of rectangular or most trapezoidal shaped lots,
that lot line which is parallel to and most distant from the front
lot line of the lot. In the case of an irregular, triangular, or gore-shaped
lot, a line 20 feet in length, entirely within the lot, parallel to
and at the maximum possible distance from the front line shall be
considered to be the rear lot line. In the case of lots which have
frontage on more than one road or street, the rear lot line shall
be opposite the lot line along which the lot takes access to a street.
Any boundary of a lot which is not a front lot line, a street
side lot line, or a rear lot line.
Any lot line which abuts a public or private street right-of-way
which is not the front lot line.
A platted lot or lot described in a certified survey map
or metes and bounds description which has been approved by the City,
or by Rock or Dane County, and has been recorded in the office of
the Register of Deeds.
The maximum horizontal distance between the side lot lines
of a lot, measured parallel to the front lot lines and at the rear
of the required front yard. See "minimum lot width."
A lot which has a pair of opposite lot lines abutting two
substantially parallel streets (one or more of which may be a portion
of a cul-de-sac). Except for through lots which abut an arterial or
nonresidential collector street, through lots shall be prohibited
under the provisions of this chapter.
The lowest enclosed floor (including basement). Any unfinished
or flood-resistant enclosure, usable solely for parking vehicles,
building access or storage, in an area other than a basement area,
is not considered a building's lowest floor, provided that such enclosed
area is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this chapter.
A guarantee of facilities or work to either ensure the correction
of any failures of any improvements required pursuant to this chapter
or to maintain same.
See § 450-33A(2)(j).
See § 450-33A(2)(i).
A plan, map, report, or other document pertaining to the
physical development of the City which has been adopted by the City
Plan Commission, as described in § 62.23(2) and (3), Wis.
Stats.
The largest permitted total gross floor area a building may
contain. See "building size."
The largest amount of floor area permitted on a site. See
"floor area ratio."
The maximum number of dwelling units permitted per acre of
gross site area. See "gross density."
The maximum height of the highest portion of any structure.
See "height."
See "indoor commercial entertainment."
See § 450-33E(17).
The narrowest permitted building separation. See "building
separation."
The narrowest permitted dwelling unit separation. See "dwelling
unit separation."
The lowest elevation permissible for the construction, erection,
or other placement of any floor, including a basement floor.
The lowest permitted landscape surface ratio. See "landscape
surface ratio."
The minimum size lot permitted within the specified zoning
district and development option.
The smallest permissible lot width for the applicable dwelling
unit type or nonresidential development. See "lot width."
The narrowest distance permitted from a street, side, or
rear property line to a structure.
The minimum gross site area in which the specified development
option may occur. See "gross site area (GSA)."
Any small, movable accessory structure or construction such
as birdhouses, toolhouses, pet houses, play equipment, arbors, and
walls and fences under four feet in height.
See § 450-33A(2)(h).
See § 450-33A(4).
See § 450-33A(3).
See "commercial indoor lodging."
See § 450-33A(2)(f).
Zoning districts which primarily identify and regulate the
disturbance of areas containing protected natural resources.
Worksheet contained in § 450-29 of this chapter which is used for determining the net developable acreage of a site.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all rivers, 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. The Wisconsin Supreme Court has declared navigable
all bodies of water with a bed differentiated from adjacent uplands
and with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and
Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)].
For the purposes of this chapter, rivers and streams will be presumed
to be navigable if they are designated as either continuous or intermittent
waterways on the United States Geological Survey quadrangle maps until
such time that the Wisconsin Department of Natural Resources has made
a determination that the waterway is not, in fact, navigable.
The area of a site which may be disturbed by development
activity. Net developable area is calculated in the Natural Resources
Site Evaluation Worksheet, and is the result of subtracting required
resource protection area (RPA) from the gross site area (GSA).
Any building, or other structure, which is lawfully existing under provisions preceding this chapter, which would not conform to the applicable regulations if the building or structure were to be erected under the provisions of this chapter. See § 450-32B.
A lawful development approved under provisions preceding the effective date of this chapter, which would not conform to the applicable regulations if the development were to be created under the current provisions of this chapter. See § 450-32.
An active and actual use of land, buildings or structures lawfully existing prior to this chapter which has continued as the same use to the present and which does not comply with all the applicable regulations of this chapter. See § 450-32A.
Material capable of causing injury to living organisms by
chemical reaction, or is capable of causing detrimental effects on
the physical or economic wellbeing of individuals.
See "day-care center."
See "institutional residential," § 340-33A(1).
Any development which physically blocks the conveyance of
floodwaters such that this development by itself or in conjunction
with any future similar development will cause an increase in regional
flood height.
See § 450-33H(1).
See § 450-33D(1).
The map adopted by the City Council which indicates the existing
and proposed location of streets, highways, parks, playgrounds, roads,
rights-of-way, waterways, public transit facilities and other public
facilities as authorized by state statutes.
Located on the lot in question, except in the context of
on-site detention, when the term means within the boundaries of the
development site as a whole.
See § 450-33B(7).
See § 450-33E(15).
See § 450-33E(2).
See § 450-33F(4).
The degree to which vision is blocked by bufferyard. Opacity
is the proportion of a bufferyard's vertical plane which obstructs
views into an adjoining property.
An unenclosed portion of a lot or lot of record where goods
are displayed for sale, rent or trade.
Any legislative action, however nominated, of a local government
which has the force of law, including any amendment or repeal of any
ordinance.
The point on the bank or shore of a body of water 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 characteristics.
Permanently protected green space areas which are not constrained
by one of the protected natural resources. Examples include portions
of private lots, outlots, or parcels commonly held by a property owners'
association (as in a cluster development) which are deed restricted
from site disruption.
See § 450-33F(7).
See § 450-33D(13).
See § 450-33D(4).
See § 450-33E(8).
See "outdoor commercial entertainment."
See § 450-33C(4).
See § 450-33D(12).
See § 450-33G(2).
A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts described in Article VIII, as well as the general restrictions of this chapter.
The person or persons having the right of legal title to
a lot or parcel of land.
See "development pad."
The area within the boundary lines of a lot.
See § 450-33C(1).
A financial guarantee to ensure that all improvements, facilities,
or work required by this chapter will be completed in compliance with
the chapter, regulations and the approved plans and specifications
of a development.
Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. See Article V of this chapter.
The distance between a structure and the boundary of a development
option.
An area in which site disruption and/or development is strictly
limited. Permanently protected green space are areas that are required
to meet the minimum landscape surface ratio and area included in natural
resource overlay zoning districts.
Uses listed under this heading are permitted as a right. See § 450-30A for applicable procedures.
An individual, firm, trust, partnership, public or private
association or corporation.
See § 450-33D(2).
See § 450-33G(3).
The Plan Commission of the City of Edgerton.
See § 450-24.
See § 450-33G(7).
See "building, principal."
Any and all of the primary uses of a property, treated as
a use permitted by right, as a special use, or as a conditional use
(rather than as an accessory use or a temporary use).
See § 450-33E(5).
See § 450-33E(22).
Resources such as floodways, floodfringes, floodplain conservancy
areas, wetlands, drainageways, woodlands, steep slopes, and lakeshores.
Any improvement, facility, or service, together with customary
improvements and appurtenances thereto, necessary to provide for public
needs, such as streets, roads, alleys or pedestrian walks or paths,
storm sewers, flood-control improvements, water supply and distribution
facilities, sanitary sewage disposal and treatment, public utility
and energy services.
See § 450-33C(5).
Includes the City of Edgerton sewer system and other forms
of sewer systems approved by the State Department of Natural Resources
and maintained by a public agency authorized to operate such systems.
See "lot of record."
A vehicular unit designed as temporary living quarters for
recreational, camping, or travel use which either has its own motive
power or is mounted on or drawn by another vehicle. The basic entities
are travel trailer, camping trailer, truck camper, or motor home.
See § 450-33F(3).
The area of a site which may not be disturbed by development
activity and which must also be reserved as permanently protected
green space. Required resource protection area is calculated in the
Natural Resource Site Evaluation Worksheet, and is the result of subtracting
the net developable area (NDA) from the gross site area (GSA).
A collector street serving primarily residential land uses
which primarily serves to connect local residential streets to collector
or arterial streets.
A property located in a residential district.
A regulation imposed by this chapter is more (less) restrictive
than another if it prohibits or limits development to a greater (lesser)
extent or by means of more (less) detailed specifications.
Used to describe the gross floor area, height, or volume
of a single structure or group of structures.
See § 450-33F(6).
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
See § 450-33B(2).
A structure housing toilet, washing, and bathing facilities
and such other facilities as may be required by this chapter.
The shortest distance between a building's or structure's
exterior from the nearest point on the referenced lot line. See "minimum
setback."
See § 450-33D(15).
A group development containing two or more nonresidential
uses on the same story.
A low-lying deciduous or evergreen plant. See § 450-76.
See § 450-59 for applicable procedures.
See "dwelling, single-family detached (site-built)."
See "gross site area."
See § 450-23 for applicable procedures.
A window or other paned area located on the ceiling or roof
of a structure.
Any fence which cannot be seen through. Such fences include
basket-weave fences, stockade fences, plank fences, and similar fences.
A land use which must be developed per a set of requirements
specifically applying to that use.
The numeric code for categorizing land uses developed by
the U.S. Department of Commerce. SIC codes in this chapter are based
on the listing contained within the 1987 manual.
A soils survey of Rock County and Dane County by the Natural
Resource Conservation Service, U.S. Department of Agriculture.
Zoning districts which primarily regulate the use of land,
and intensity or density of such use.
The setbacks, using vision corners, sideline requirements,
height limitations, square footage requirements and other specifications
as required by this chapter.
The date the building permit is issued, provided the actual
start of activity was within 730 calendar days of the permit date.
The "actual start of activity" means either the first placement of
permanent construction of a structure on the site such as the pouring
of a slab or footings, the installation of piles, or the construction
of columns. "Permanent construction" does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations; nor does it include the erection
of temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or shed not occupied as dwelling
units or part of the main structure.
See "utility shed."
That portion of a building included between the surface of
any floor and the surface of the floor next above, or if there is
no floor above, the space between the floor and the ceiling next above.
Neither a basement nor a cellar shall be counted as a story.
The space under any roof, except a flat roof, the wall plates
of which on at least two opposite exterior walls are not more than
four feet above the floor of such story.
Any public or private way dedicated or permanently open to
pedestrian and vehicular use which is 22 feet or more in width if
it exists at the time of enactment of this chapter, and any such public
right-of-way when established after the effective date of this chapter.
See "lot line, front."
A pattern of land uses typified by nonresidential and/or
multifamily development located along one or both sides of a street
which is generally only one lot deep and which is characterized by
many curb cuts, low green space ratios, low landscape surface ratios,
high floor area ratios, and/or low quantities of landscaping.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders, or any
substantial change in the roof structure or in the exterior of interior
walls.
Anything constructed or erected, the use of which requires
a more or less permanent location on the ground, or attached to something
having a permanent location on the ground, excepting public utility
fixtures and appurtenances.
A land division which creates five or more lots or building
sites, or successive land divisions which create five or more parcels
or building sites within a period of five years.
A lot of record which lawfully existed prior to this chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this chapter. See § 450-32C.
Any structural 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:
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; and
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. (For purposes
of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure.)
Pavement that includes asphalt, concrete and pavers.
A linear depression in land running downhill or having a
marked change in contour direction in which sheet runoff would collect
and form a temporary watercourse.
A land use which is present on a property for a limited and specified period of time. See § 450-30E.
An at-grade paved area not used for vehicular use.
See § 450-33A(2)(e).
A vehicular, portable unit designed as a temporary unit for
travel, recreation and vacation, which may take one of the following
forms, or a similar form:
An existing or proposed connecting roadway between an arterial
street and any other street. Turning lanes include grade-separated
interchange ramps.
See § 450-33A(2)(c).
See § 450-33A(2)(d).
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
The purpose or activity for which land or any building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
Any use of land or structure which is allowed by right in
a zoning district and subject to the requirements of that district.
A land use which must be developed per a set of requirements specifically applying to that use. Uses permitted by right with special requirements shall be approved per the Zoning Administrator per the procedures set forth in § 450-17.
See § 450-33E(4).
Permission to depart from the literal requirements of this chapter granted pursuant to § 450-21.
See § 450-33D(16).
See § 450-25.
An area of clear vision formed by two intersecting streets. See § 450-36 for applicable standards.
See § 450-33G(5).
The shortest straight line at the water front end of a stream
lot that lies wholly within the lot, provided that not less than 75%
of the length of such water line shall be either on, or on the landward
side of, the normal high-water mark on such stream.
Maps prepared by the Wisconsin Department of Natural Resources.
Monday, Tuesday, Wednesday, Thursday or Friday; excluding
holidays granted by the City of Edgerton to its department heads.
A required open space on a lot, which is unoccupied and unobstructed
by a structure from its lowest ground level to the sky, except as
expressly permitted in this chapter. A yard shall extend along a lot
line and at right angles to such lot line to a depth or width specified
in the yard regulations for the district where the lot is located.
The area between the building and the required setback line.
A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting front street
right-of-way line to a depth required in the yard regulations for
the district in which such lot is located.
A yard extending along the full width of the rear lot line
between the side lot lines and extending toward the front lot line
for a depth as specified in the yard regulations for the district
in which such lot is located.
The area between the lot line or right-of-way line and the
required setback line.
[Amended 5-18-2020 by Ord. No. 20-02]
A yard extending along the side lot line between the front
and rear yards, with a width specified in the yard regulations for
the district where the lot is located.
The required setback away from the street right-of-way.
The City employee charged with the application and interpretation
of this chapter.
See "Official Zoning Map," above.
[Amended by Ord. No. 17-03]
