[1-19-2022]
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:
ABUTTING
Having a common border with; or being separated from such
common border by an alley or easement.
ACCESS
A means of vehicular approach, i.e., entry to or exit from
a property, street or highway.
ACCESS, SECONDARY
A means of vehicular or nonvehicular approach, entry to,
or exit from property from a source other than a public street or
highway.
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to and serving the principal
use or structure, on the same lot and customarily incidental thereto.
See Section 98-202(5).
ACRE
Forty-three thousand five hundred sixty square feet.
ACTIVITY CENTER
An area which is typified by a concentration of nonresidential
and/or multifamily development.
ADDITION
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 is
new construction.
ADJACENT
Abutting, or being located directly across a right-of-way
from, a separate lot.
ALLEY
A public right-of-way usually of reduced width which affords
a secondary means of access to abutting property.
ANIMAL UNIT
A measure which represents a common denominator for the purposes
of defining a husbandry or intensive agricultural land use. The animal
unit measure relates to the carrying capacity of one acre of land,
and is related to the amount of feed various species consume and the
amount of waste they produce. The following table indicates the number
of common farm species which comprise a single animal unit:
Animal Unit Table
|
---|
Type of Livestock
|
Number of Animals/Animal Unit
|
Type of Livestock
|
Number of Animals/Animal Unit
|
Type of Livestock
|
Number of Animals/Animal Unit
|
---|
Horse (> 2 years)
|
1.0
|
Calves (< 1 year)
|
4.0
|
Lambs
|
14.0
|
Colt (< 2 years)
|
2.0
|
Brood sow or boar
|
2.5
|
Chickens
|
200.0
|
Cattle (> 2 years)
|
1.0
|
Hogs (up to 220 pounds)
|
5.0
|
Other poultry
|
200.0
|
Cattle (< 2 years)
|
2.0
|
Sheep
|
7.0
|
|
|
Source: The Stockman's Handbook
|
APARTMENT
This dwelling unit type consists of an attached, multifamily
residence which takes access from a shared entrance or hallway. A
minimum Building Code required fire rated wall assembly division,
separating living areas from the lowest level to the underside of
the roof, is required between each dwelling unit. No more than 16
dwelling units, and no fewer than three, may be located in a building.
As part of the conditional use requirements for group developments,
any development comprised of one or more buildings which contain four
or more dwelling units shall provide additional site design features,
such as underground parking, architectural elements, landscaping,
and/or on-site recreational facilities. All apartment units within
a development shall be located a minimum of 30 feet from the boundary
of the development. Refer to the illustration (below) and to Article
1, Establishment of Zoning Districts, for setback requirements labeled
in capital letters:
APPEAL
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 Section 98-912.
AVERAGE GROUND ELEVATION
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year. The 100-year flood.
BASEMENT
A portion of a building located partly underground, but having
one half or less of its floor-to-ceiling height below the average
grade of the adjoining ground.
BEDROOM
A room in a residence marketed, designed, or otherwise likely
to function primarily for sleeping.
BLANKET VARIANCE
A variance which is automatically granted by a provision
of this chapter in order to reduce the creation of legal nonconforming
developments {see Section 98-307 or legal nonconforming residential
structures [see Section 98-408(9)]}.
BUFFER YARD
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 6.
BUILDING
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.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory
buildings, including all structures with a roof.
BUILDING ENVELOPE
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. (Refer to Section 98-208.)
BUILDING FRONT
That exterior wall of a building which faces the front lot
line of the lot.
BUILDING HEIGHT
The vertical distance from 1) the lowest elevation of the
adjoining ground level or 2) 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,
or to the mean distance of the highest gable on a pitched or hip roof;
also applies to structures.
BUILDING LINE
A line on a lot, generally parallel to a lot line or road
right-of-way line, located a sufficient distance therefrom 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."
BUILDING SEPARATION
The narrowest distance between two buildings. See "minimum
building separation."
BUILDING SIZE
The total gross floor area of a building. See "maximum building
size."
BUILDING, ACCESSORY
A building which:
(a)
Is subordinate to and serves a principal structure or a principal
use;
(b)
Is subordinate in area, extent, and purpose to the principal
structure or use served;
(c)
Is located on the same lot as the principal structure or use
served except as otherwise expressly authorized by provisions of this
chapter; and
(d)
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.
BUILDING, PRINCIPAL
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.
BULKHEAD LINE
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
of Natural Resources pursuant to § 30.11, Wis. Stats., and
which allows limited filling between this bulkhead line and the original
ordinary high water mark, except where such filling is prohibited
by the floodway provisions of this chapter.
CALIPER
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.
CANDLEPOWER
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.
CARETAKER'S RESIDENCE
A dwelling unit which is used exclusively by either the owner,
manager, or operator of a principal permitted use and which is located
on the same parcel as the principal use. See Section 98-206(8)(w).
CARPORT (LAND USE)
An open-sided, roofed vehicle shelter, usually formed by
extension of the roof from the side of a building. See Section 98-206(8)(c).
CELLAR
That portion of the building having more than 1/2 of the
floor-to-ceiling height below the average grade of the adjoining ground.
CLERESTORY WINDOW
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.
CLIMAX TREE
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
Section 98-610.
COMMERCIAL VEHICLE
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.
COMMUNITY CHARACTER
The impression which an area makes in regard to the type,
intensity, density, quality, appearance, and age of development.
COMPREHENSIVE MASTER PLAN
The Comprehensive Master Plan of the City of Lake Geneva,
Wisconsin, adopted January 13, 1992, and as subsequently amended.
CONDITIONAL USE
A land use which requires a conditional use permit in order
to develop. See Section 98-202(4). See Section 98-905 for applicable
procedures.
DAY CARE
See "family day care home," "intermediate day care home,"
or "group day-care center."
DECK
A structure that has no roof or walls; 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 the principle
setback requirements or as modified by Section 98-405(4). If detached,
shall be an accessory structure.
DEDICATION
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.
DENSITY
A term used to describe the number of dwelling units per
acre.
DEVELOPER
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.
DEVELOPMENT
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.
DEVELOPMENT OPTION(S)
The type of residential or nonresidential development as
categorized by the proportion of the site devoted to permanently protected
green space.
DEVELOPMENT PAD
The area of a lot within a large lot residential development
which is devoted to structures and septic systems.
DIRECT ACCESS
A condition of immediate physical connection resulting from
adjacency of a road or right-of-way abutting a property.
DRAINAGE
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.
DRAINAGEWAY
Drainageways are nonnavigable, aboveground watercourses,
detention basins and/or their environs which are identified by the
presence of one or more of the following: a) all areas within 75 feet
of the ordinary high water mark of a "perennial stream" as shown on
USGS 7.5 minute topographic maps for the City of Lake Geneva and its
environs; and b) all areas within 50 feet of the ordinary high water
mark of an "intermittent stream" or "open channel drainageway" as
shown on USGS 7.5 minute topographic maps for the City of Lake Geneva
and its environs. See Section 98-506.
DRIPLINE
Outer perimeter edge of a tree canopy as transferred perpendicularly
to ground level.
DRYLAND ACCESS
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.
DUPLEX
These dwelling unit types consist of a single-family dwelling
which is attached on one side to another single-family residence.
A minimum Building Code required fire-rated wall assembly division,
separating living areas from the lowest level to flush against the
underside of the roof, and individual sanitary sewer and public water
laterals, are required between each dwelling unit. The two residences
may or may not be located on individual lots. The "twin house" is
distinguished from the "duplex house" merely by having each unit located
on an individual lot or within a group development. These dwelling
unit types may not be split into additional residences. Refer to the
illustration below and to Article 1, Establishment of Zoning Districts,
for setback requirements labeled in capital letters:
DWELLING
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.
DWELLING UNIT
A room or group of rooms providing or intended to provide
living quarters for not more than one family.
DWELLING, ATTACHED
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
EASEMENT
Written authorization by a property owner for another party
to use for a specified purpose any designated part of his property,
which has been recorded in the Register of Deeds' office.
ELEVATED BUILDING
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.
ENCROACHMENT
Any fill, structure, building, use, or development in the
floodway.
ENVIRONMENTAL CONTROL FACILITY
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce, or aid in the prevention, measurement,
control or monitoring of noise, air, or water pollutants, solid waste
or thermal pollution, radiation or other pollutants, including facilities
installed principally to supplement or to replace existing property
or equipment not meeting or allegedly not meeting acceptable pollution
control standards or which are to be supplemented or replaced by other
pollution control facilities.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
ESSENTIAL SERVICES
Facilities that are:
(a)
Owned or maintained by public utility companies or public agencies;
and
(b)
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
(c)
Reasonably necessary for the furnishing of adequate water, sewer,
gas, electric, communication, or similar services to adjacent customers;
and
(d)
Not including any cross-country line on towers.
EXTRATERRITORIAL AREA
The area outside of the City limits, in which the City of
Lake Geneva exercises extraterritorial powers of land division, and/or
zoning, review.
FAMILY
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.
FIRST HABITABLE FLOOR
The top surface above an unfinished basement, cellar or crawl
space, that is intended for living quarters.
FLOOR AREA
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, and 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.
FLOOR AREA RATIO (FAR)
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."
FOOTCANDLE
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
FREEBOARD
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 river or stream
bed.
GARAGE (RESIDENTIAL)
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. See Section 98-206(8)(c).
GENERAL FLOOR PLANS
A graphic representation of the anticipated utilization of
the floor area within a building or structure, but not necessarily
as detailed as construction plans.
GLARE
The brightness of a light source which causes eye discomfort.
GREEN SPACE RATIO (GSR)
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."
GROSS DENSITY
The result of dividing the number of dwelling units located
on a site by the gross site area. See "maximum gross density."
GROSS SITE AREA (GSA)
The total area of a site available for inclusion in calculations
of the maximum permitted density or intensity of development.
HEARING NOTICE
Publication or posting meeting the requirements of Chapter
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.
HIGH FLOOD DAMAGE POTENTIAL
Any danger to human life or public health or the potential
for any significant economic loss to a structure or its contents.
HOLDING ZONE
A zoning district designed to limit development potential
until adequate public services and infrastructure are provided.
IMPERVIOUS SURFACE
Areas designed and installed to prohibit infiltration of
stormwater. Concrete, brick, asphalt and similar paved surfaces are
considered impervious. Gravel areas and areas with landscaped pavers
which are intended for vehicular traffic are considered to be impervious.
INCREASE IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation,
equal to 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.
INSTITUTIONAL RESIDENTIAL UNIT
This dwelling unit type consists of an attached, multifamily
residence which takes access from a shared entrance or hallway. All
institutional residential units within a development shall be located
a minimum of 30 feet from the boundary of the development.
INTENSITY
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.
INTERPRETATION
See Section 98-911 for application procedures and Section
98-932(2)(n).
LAKESHORE
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
a) such lands are not adjacent to a navigable stream or river; b)
those parts of such drainage ditches adjacent to such lands were not
navigable streams before ditching or had no previous stream history;
and c) such lands are maintained in nonstructural agricultural use.
See Section 98-505.
LAND USE
The type of development and/or activity occurring on a piece
of property.
LANDSCAPED AREA
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.
LOCAL RESIDENTIAL STREET
A road which primarily serves to collect traffic originating
directly from residential driveways and private residential courts
and streets.
LOT
A parcel of land that a) is undivided by any street or private
road; b) is occupied by, or designated to be developed for, one building
or principal use; and c) 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.
LOT AREA
The area contained within the property boundaries of a recorded
lot.
LOT DEPTH
The mean horizontal distance between the front lot line and
the rear lot line of a lot.
LOT FRONTAGE
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.
LOT LINE
A lot line is 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.
LOT LINE, FRONT
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.
LOT LINE, REAR
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 selected by the property owner.
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line, a street
side lot line, or a rear lot line.
LOT LINE, STREET SIDE
Any lot line which abuts a public or private street right-of-way,
which is not the front lot line.
LOT OF RECORD
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 Walworth County; and has been recorded in the office of the
Register of Deeds.
LOT WIDTH
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.
LOT, CORNER
A lot situated at the junction of and abutting on two or
more intersecting streets, or a lot at the point of deflection in
alignment of a continuous street the interior angle of which does
not exceed 135°.
LOT, THROUGH
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.
LOWEST FLOOR
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.
MAINTENANCE GUARANTEE
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.
MASTER PLAN
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 Wisconsin Statutes 62.23(2) and (3).
MAXIMUM HEIGHT
The maximum height of the highest portion of any structure.
See "height."
MINIMUM FLOOR ELEVATION
The lowest elevation permissible for the construction, erection,
or other placement of any floor, including a basement floor.
MINIMUM LOT AREA (MLA)
The minimum size lot permitted within the specified zoning
district and development option.
MINIMUM LOT WIDTH
The smallest permissible lot width for the applicable dwelling
unit type or nonresidential development option.
MINIMUM SETBACK
The narrowest distance permitted from a street, side, or
rear property line to a structure.
MINIMUM SITE AREA (MSA)
The minimum gross site area in which the specified development
option may occur. "See gross site area (GSA)."
MOBILE HOME (LAND USE)
This dwelling unit type consists of a fully detached, single-family
residence which has not received a federal manufactured housing certificate
and which is located on an individual lot or within a group development.
This dwelling unit type may not be split into two or more residences.
Within 30 days of occupancy, the owner shall remove the axle and install
skirting per the requirements of the Plan Commission. Refer to the
illustration below and to Article 1, Establishment of Zoning Districts,
for setback requirements labeled in capital letters:
MULTIPLEX
This dwelling unit type consists of an attached, multifamily
residence which has a private, individual exterior entrance. A minimum
Building Code required fire-rated wall assembly division, separating
living areas from the lowest level through the roof, is required between
each dwelling unit. No more than six and no fewer than three multiplex
dwelling units may be attached per group. All multiplex units within
a development shall be located a minimum of 30 feet from the boundary
of the development. Refer to the illustration below and to Article
1, Establishment of Zoning Districts, for setback requirements labeled
in capital letters:
MURAL
See Section 98-726.
[Added 9-26-2022 by Ord. No. 22-08]
NAVIGABLE WATER
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.
NET DEVELOPABLE AREA (NDA)
The area of a site which may be disturbed by development
activity. Net developable area is the result of subtracting required
resource protection area (RPA) from the gross site area (GSA).
NONCONFORMING BUILDING OR STRUCTURE
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.
NONCONFORMING DEVELOPMENT
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 Section 98-307.
NONCONFORMING USE
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 Section 98-207.
NOXIOUS MATTER OR MATERIALS
Material capable of causing injury to living organisms by
chemical reaction, or which is capable of causing detrimental effects
on the physical or economic well-being of individuals.
OBSTRUCTION TO FLOW
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.
OFFICIAL MAP
The map adopted by the Common Council, which indicates the
existing and proposed locations of streets, highways, parks, playgrounds,
roads, rights-of-way, waterways, public transit facilities and other
public facilities, as authorized by state statutes.
ON-SITE
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."
OPACITY
The degree to which vision is blocked by a buffer yard. Opacity
is the proportion of a buffer yard's vertical plane which obstructs
views into an adjoining property.
OPEN SALES LOT
An unenclosed portion of a lot or lots of record where goods
are displayed for sale, rent or trade.
ORDINARY HIGH WATER MARK
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.
OTHER PERMANENTLY PROTECTED GREEN SPACE
Permanently protected green space areas which are not constrained
by one of the protected natural resources (wetlands, floodplains,
steep slopes, lakeshores, drainageways, and woodlands). Examples include
portions of private lots, out-lots, or parcels commonly held by a
property owners' association which are deed restricted from site disruption.
OVERLAY ZONING DISTRICT
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 Section 98-102,
as well as the general restrictions of this chapter. See Sections
98-106, 98-107, 98-108, 98-109, 98-110, 98-111, 98-113, and 98-114.
OWNER
The person or persons having the right of legal title to
a lot or parcel of land.
PARCEL
The area within the boundary lines of a lot.
PERFORMANCE GUARANTEE
A financial guarantee to ensure that all improvements, facilities,
or work required by this chapter will be completed in compliance with
this chapter, regulations and the approved plans and specifications
of a development.
PERFORMANCE STANDARDS
Criteria established to control and limit the impacts generated
by, or inherent in, uses of land or buildings. See Article 7, Performance
Standards.
PERIPHERAL SETBACK
The distance between a structure and the boundary of a development
option.
PLAN COMMISSION
The Plan Commission of the City of Lake Geneva. See also
Section 98-933.
PRINCIPAL USE
Any and all of the primary uses of a property treated as
a use permitted by right or as a conditional use (rather than as an
accessory use or a temporary use) per Section 98-206(1) through (7).
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. This term also means an alternative sewage system
approved by the department of industry, labor, and human relations,
including a substitute for the septic tank or soil absorption field,
a holding tank, a system serving more than one structure, or a system
located on a different parcel than the structure.
PROTECTED NATURAL RESOURCES
Resources such as floodways, floodfringes, floodplain conservancy
areas, wetlands, drainageways, woodlands, steep slopes, and lakeshores,
which are protected by the provisions of this chapter. See Section
98-106.
PUBLIC IMPROVEMENT
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, and public utility
and energy services.
PUBLIC SEWER
Includes the City of Lake Geneva 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.
REQUIRED RESOURCE PROTECTION AREA (RPA)
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 the result of subtracting
the net developable area (NDA) from the gross site area (GSA).
RESIDENTIAL COLLECTOR STREET
A collector street serving primarily residential land uses,
which primarily serves to connect local residential streets to collector
or arterial streets.
RESTRICTIVE, MORE (LESS)
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.
SCALE (OF DEVELOPMENT)
A term used to describe the gross floor area, height, or
volume of a single structure or group of structures.
SEDIMENTATION
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.
SETBACK
The shortest distance between a building's or structure's
exterior from the nearest point on the referenced lot line. See "minimum
setback."
SHRUB
A low-lying deciduous or evergreen plant. See Section 98-610.
SIGN
See Section 98-802. See also Section 98-907 for applicable
procedures.
SINGLE-FAMILY DETACHED DWELLING UNIT
A dwelling designed for and occupied by not more than one
family and having no roof, wall, or floor in common with any other
dwelling unit. This dwelling unit type consists of a fully detached
single-family residence which is located on an individual lot or within
a group development. The dwelling unit must be a site-built structure
built in compliance with the State of Wisconsin Uniform Dwelling Code
(UDC), or may be a manufactured dwelling (modular home) as permitted
by the UDC or a manufactured home as permitted by the HUD Code. For
any of these dwelling units, the use of a permanent, continuous UDC
foundation is required. This dwelling unit type may not be split into
two or more residences. Refer to the illustration below and to Article
1, Establishment of Zoning Districts, for setback requirements labeled
in capital letters: A single-family dwelling may not be used as a
commercial indoor lodging facility.
SITE PLAN
See Section 98-908. See also Section 98-908 for applicable
procedures.
SKYLIGHT
A window or other paned area located on the ceiling or roof
of a structure.
SOLID FENCE
Any fence which cannot be seen through. Such fences include
basket weave fences, stockade fences, plank fences, and similar fences.
STANDARD PAVEMENT WIDTH
Required pavement width per the City of Lake Geneva Subdivision
Ordinance in residential subdivisions on a street that allows parking
or as otherwise determined by the City Engineer.
STANDARD ZONING DISTRICTS
Zoning districts which primarily regulate the use of land
and intensity or density of such use. See Sections 98-102, 98-103,
and 98-105.
START OF CONSTRUCTION
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 sheds not occupied as dwelling
units or part of the main structure.
STEEP SLOPE
Areas which contain a gradient of 12% or greater, (equivalent
to a ten-foot elevation change in a distance of 83 feet or less),
as shown on USGS 7.5 minute topographic maps for the City of Lake
Geneva and its environs. See Section 98-508.
STORY
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.
STREET
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 60 feet or more in width when established after the effective
date of this chapter.
STRIP DEVELOPMENT
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.
STRUCTURE
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.
SUBSTANDARD LOT
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 Section
98-407.
SUBSTANTIAL IMPROVEMENT
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:
(a)
Any project to improve a structure to comply with existing state
or local Health, Sanitary, or Safety Code specifications solely necessary
to assure safe living conditions; and
(b)
Any alteration of a structure or site documented as deserving
preservation by the Wisconsin State Historical Society or listed on
the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs,
modifications or additions. Such ordinary maintenance repairs include
internal and external painting, decorating, paneling, and the replacement
of doors, windows, and other nonstructural components. (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.)
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SWALE
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.
TEMPORARY USE
A land use which is present on a property for a limited and
specified period of time. See Section 98-206(9). See also Section
98-906 for applicable procedures.
TOWNHOUSE
This dwelling unit type consists of an attached, two-story,
single-family residence which has a private, individual access and
is located on its own lot or within a group development. This dwelling
unit type may not be split into additional residences. A minimum Building
Code required fire-rated wall assembly division, separating living
areas from the lowest level through the roof, and individual sanitary
sewer and public water laterals are required between each dwelling
unit. No more than eight and no fewer than three townhouse dwelling
units may be attached per group. All townhouse units within a development
shall be located a minimum of 30 feet from the boundary of the development.
Refer to the illustration below and to Article 1, Establishment of
Zoning Districts, for setback requirements labeled in capital letters:
TWIN HOUSE
These dwelling unit types consist of a single-family dwelling
which is attached on one side to another single-family residence.
A minimum Building Code required fire-rated wall assembly division,
separating living areas from the lowest level to flush against the
underside of the roof, and individual sanitary sewer and public water
laterals are required between each dwelling unit. The two residences
may or may not be located on individual lots. The "twin house" is
distinguished from the "duplex house" merely by having each unit located
on an individual lot or within a group development. These dwelling
unit types may not be split into additional residences. Refer to the
illustration (below) and to Article 1, Establishment of Zoning Districts,
for setback requirements labeled in capital letters:
TWO-FLAT HOUSE
This dwelling unit type consists of a single-family residence,
which is in complete compliance with the State of Wisconsin One- and
Two-Family Dwelling Code (Sections 101.60 through 101.66), which has
been converted into a two-family residence. The two residences are
both located on the same lot or within the same group development.
This dwelling unit type may not be split into additional residences.
Where permitted, this use is a conditional use and must be approved
through the procedures of Section 98-905. Refer to the illustration
below and to Article 1, Establishment of Zoning Districts, for setback
requirements labeled in capital letters:
UNNECESSARY HARDSHIP
The circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing areas, setbacks, frontages, heights or
densities unnecessarily burdensome or unreasonable in light of the
purposes of the chapter.
USE
The purpose or activity for which land or any building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
UTILITY VEHICLE
A vehicle designed and used primarily for the transport of
equipment and/or materials.
VARIANCE
Permission to depart from the literal requirements of this
chapter, granted pursuant to Section 98-910.
WOODLAND
Areas of trees whose combined canopies cover a minimum of
80% of an area of one acre or more, as shown on USGS 7.5 minute topographic
maps for the City of Lake Geneva and its environs. See Section 98-507.
WORKING DAYS
Mondays, Tuesdays, Wednesdays, Thursdays or Fridays, excluding
holidays granted by the City of Lake Geneva to its department heads.
YARD
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 in which such lot is located.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
A yard extending along the side lot line between the front
and rear yards, having a width as specified in the yard regulations
for the district in which such lot is located.
YARD, STREET
The required area of setback located along a street right-of-way,
abutting a front, side or rear yard.
ZONING ADMINISTRATOR
The City employee charged with the application and interpretation
of this chapter. See Section 98-932.
ZONING MAP
See "Official Zoning Map" above and see Section 98-103.