Town of West Bend, WI Article XV Definitions

§ 325-120 Definitions; word usage.

A. Meanings. For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning.

(1) Words used in the present tense in this chapter include the future.

(2) The word "person" includes a firm, association, partnership, trust, company, or corporation as well as an individual.

(3) The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive.

(4) Any words not defined in this section shall be presumed to have their customary dictionary definitions.

B. Words and phrases defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

A structure which:

(1) Is or will be subordinate to and serves a principal structure, land, or water.

(2) Is or will be located on the same lot or parcel.

(3) Is detached from the principal structure.

(4) Is not used as living quarters, nor has a permanent well or sanitary connection.

ACCESSORY USE

A use which:

(1) Is or will be subordinate to and serves a principal use.

(2) Is or will be located on the same lot or parcel as the principal use.

ALLEY

A special public right-of-way affording only secondary access to abutting properties.

ANSI

The American National Standards Institute.

ASSEMBLY

When used in describing an industrial operation, the fitting or joining of parts of a mechanism by means of fasteners, nuts and bolts, screws, glue, welding or other similar technique. "Assembly" shall not include the construction, stamping or reshaping of any of the component parts.

BASE DENSITY

A total permissible number of residential units that may be built on any given parcel of land to establish the number of units the land can reasonably accommodate. Providing a base density, as opposed to requiring a minimum lot size, allows for flexibility on the part of the landowner in determining the distribution of residential units on the parcel while protecting significant environmental features.

BASEMENT

That portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

BATTERY CHARGING STATION

An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.

BATTERY ELECTRIC VEHICLE

Any vehicle that operates exclusively on electrical energy from an off-board source (generally, the electric grid) that is stored in the vehicle's batteries, and produces zero tailpipe emissions or pollution when stationary or operating.

BED-AND-BREAKFAST

Any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast, as defined in relevant Wisconsin Statutes.

BEES

Honey bees or mason bees raised for honey or pollination.

BUILDING

Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.

BUILDING HEIGHT

The vertical distance measured from the mean elevation of the finished lot grade along the street yard or primary street yard setback on a corner lot or double frontage lot or shore yard face of the structure to the highest point of the roof, whichever is greater. The basement shall be included in the height limitation if 50% or more of the foundation is exposed. The precedent height shall be determined by scale of the building blueprints submitted for review.

CHARGING LEVELS

The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common charging levels, and include the following specifications:

(1) Level one: Voltage from zero through 120; considered slow charging.

(2) Level two: Voltage from 120 through 240; considered medium charging.

(3) Level three: Voltage greater than 240; considered fast or rapid charging.

COMMERCIAL COMMUNICATIONS

Communications used by government and military entities for emergency purposes, licensed amateur radio service, and nonemergency communications used by agricultural, business, government, and military entities including aviation radar, commercial mobile radio service, fixed wireless service, global positioning, line-of-sight, microwave, personal communications service, weather radar, and wireless internet service.

COMMON OPEN SPACE

Any land area that is designated as "common open space" through deed restrictions in perpetuity and held in trust by a homeowners' association, the Town or other designated conservation organization. Types of common open space include but are not limited to the following:

(1) COMMUNITY GARDEN AND GREENHOUSE Areas for use by residents and others (not immediately adjacent to residential lots) that are planned and managed for growing vegetable and flowers. There should be pedestrian and vehicular access to the area as well as small amounts of visitor parking (this may include street parking).

(2) COUNTRYSIDE VIEWS Areas that facilitate public views of common open space (and other features that comprise the countryside character of West Bend) from existing arterials and collector roads adjacent to the proposed development. The view shed area should border a public right-of-way which primarily carries traffic generated by the general public rather than only vehicles associated with the immediate land use.

(3) CULTIVATED FIELDS AND PASTURES Agricultural areas set aside for farming with a long-term management plan for continuous cultivation or use as pasture land for livestock.

(4) ENVIRONMENTAL PRESERVES Areas that preserve environmental features that enhance the health, environmental quality, social value, and natural beauty of the community. Preserves should include the environmental corridors (primary, secondary, and isolated natural resource areas), lakes and streams, wetlands, drainageways, floodplains, habitat areas, wildlife habitats, woodlands, prairies, steep slopes, as identified by SEWRPC or other recognized surveys. These areas may also include public trail connections to view and, if feasible, enter the preserve.

(5) ENVIRONMENTAL RESTORATIONS Natural areas and landscapes designed for aesthetic impact to display different forms of plant materials using a traditional aesthetic approach of formal or picturesque gardening, botanical display, or environmental restoration. These landscapes are also designed to improve the ecological condition of the natural environment (for example, this may include restored prairies or wildlife habitats). These areas shall be designed by a recognized landscape architect or ecologist with substantial experience and professional credentials in landscape architecture, garden design, ecology or similarly appropriate field. These areas may include structures for aesthetic purposes as well as environmental management. These areas should also include public trail connections to view and, if feasible, enter the preserve.

(6) EQUESTRIAN COMMON OPEN SPACES AND FEATURES Common open spaces, and related features, intended for equestrian use. These spaces are an essential and traditional component of the countryside character of the Town and should be maintained and expanded. These spaces include ranches, corrals, trails, fences, barns and stables, signage, and related facilities. Equestrian facilities should be connected to the overall equestrian trail system within the Town. When this is not feasible, plans should demonstrate how such facilities can be effectively integrated with the overall pattern of equestrian use within the community.

(7) FORESTATION AREAS Agricultural areas planted for commercial tree-growing businesses with long-term management plans for continuous operation. The management plan for forestation areas, especially those used for commercial purposes, must demonstrate that it will be harvested in a manner that retains the aesthetic value of the plant materials as an amenity for surrounding property owners and members of the general public.

(8) GATEWAY FEATURES Specially designed and landscaped areas at the entrances to neighborhoods, districts, boulevards, and residential subareas. They should be located at primary entries to developments or neighborhoods from Town-wide arterials. They should contain significant visual features, built or natural. These may include trees, fences, ornamental landscapes, unique structures, or public art.

(9) LANDSCAPED BOULEVARDS The landscaped central medians that provide an aesthetic amenity and informal gathering place for residential neighborhoods. Boulevards shall be planted with rhythmic rows of trees along each side of the median and along the outer side of the public right-of-way. The edges of the median may include continuous hedges or ornamental fences that border the curb. The outer sides of the street may include sidewalks. The central median shall consist primarily of grass areas suitable for walking and informal uses.

(10) LANDSCAPED CUL-DE-SAC ISLANDS The landscaped central islands in cul-de-sac bulbs that provide an aesthetic amenity and informal gathering place for residential neighborhoods. Island shall be planted with trees, shrubs and perennial plantings to create a visual focus for the neighborhood. A central gathering space should be include continuous hedges or ornamental fences that border the curb to help enclose the space.

(11) NEIGHBORHOOD PARKS AND SQUARES Areas that afford opportunities for passive and/or active enjoyment of outdoor areas by residents and visitors both as individuals, informal groups, and organized groups. Typical activities include picnicking, strolling, sitting, private contemplation, conversing with friends and neighbors, child play, skating, informal sports, walking, jogging, and organized sports. The park shall be a public or semipublic place, as defined above. Parks and squares shall be located within easy access of public rights-of-way, especially those with higher traffic volumes relative to the surrounding street system. The form shall be a simple shape (such as a square, rectangle, circle, ellipse, crescent, triangle, or trapezoid). Parks and squares shall be surrounded by a public right-of-way. The right-of-way should serve vehicles and include a sidewalk or other pedestrian walkway. Where possible, there should be on street parking available to the public along the edge of the park or square. The edge of the park or square must include a continuous row of trees, ornamental fence, or combination of those elements. There shall be clearly marked points of entry and gateways. The interior of the park may include a variety of features for passive enjoyment or active recreation. The ground may be grass, pavement, or other plant materials. There should be a clear understanding of whether or not the park or square will be owned by a public entity and, if not, the circumstances under which ownership of the park or square might be transferred to a public entity.

(12) ORCHARDS Agricultural areas planted as orchards with long term management plans for continuous operation.

(13) ORNAMENTAL AND DISPLAY GARDENS Landscapes designed for aesthetic impact to display different forms of plant materials using a traditional aesthetic approach of formal or picturesque gardening, botanical display, or environmental restoration. These landscapes are also designed to improve the ecological condition of the natural environment (for example, this may include restored prairies or wildlife habitats). These areas should be designed by a recognized landscape architect or ecologist with substantial experience and professional credentials in landscape architecture, garden design, ecology or similarly appropriate field. These areas may include structures for aesthetic purposes as well as environmental management.

(14) PARKWAY LANDSCAPES Heavily landscaped areas along existing arterials. Parkways should include a double row of canopy shade trees planted in a rhythmic pattern with a walkway or bicycle path located between the rows. The parkway or edge should not include berms.

(15) PLAY AREAS Places with play equipment for children to play informally that should be located in parks and squares. Play areas shall have access from a trail or sidewalk and shall be connected to trail systems entering the park. Play areas should be sited within a small space or along the edge of a space and should have a clearly defined perimeter with fencing or hedges.

(16) SCENIC DRIVES Single-loaded vehicular rights-of-way which provide an open view of common open space. A pedestrian walkway must be included along at least one edge of the scenic drive. This may be a sidewalk, side path, or trail. The common open space area shall be at least sufficiently deep to provide a view of natural features rather than built areas.

(17) TRADITIONAL FARMSTEADS Structures that reflect the agricultural and rural history of the Town, including farmhouses, barns, stables, and a variety of related facilities and common open space. Many of these, while not qualifying as historic landmarks using strict national or state standards, are still part of the cultural and visual history of the community. They provide an essential part of the character of the community and should be preserved. In general, such structures and facilities created prior to 1950 shall be considered as a traditional farmstead. Those components of the farmstead that are to be preserved should be documented by a local historic society or by a person with credentials in historic preservation. The proposed inclusion of the traditional farmstead must state what components of the farmstead will be preserved. A study of the historic properties of the Town of West Bend is available for reference.

(18) TRAILS AND WALKWAYS Promote broad social use of a linear system of paths for walking, horseback riding, or bicycling that connect trail users to rights-of-way and other public or semipublic places. These should be determined by the context of circulation, access points, and other common open space components that should be linked together. Trails should be located along the edge of other common open space or public rights-of-way. Trails should be physically separated from side or rear lot lines (approximately 25 feet). Trails shall be a continuous path and should link to all existing and proposed trails and rights-of-way that abut the perimeter of the development. Trails should be constructed with suitable materials for long term operation and maintenance. The suitability of the materials will be determined by the Town. There should be a clear understanding of whether or not the trail system will be owned by a public entity and, if not, the circumstance under which public access is allowed.

CONDITIONAL USES

Uses of a special nature as to make impractical their predetermination as a principal use in a district.

DECOMMISSIONING

The removal of all of the following:

(1) The aboveground portion of a wind energy system, including wind turbines and related facilities, except for access roads if removal has been waived by the property owner.

(2) All below-ground facilities, except the following:

(a) Underground collector circuit facilities.

(b) Those portions of concrete structures four feet or more below grade.

DEVELOPER'S AGREEMENT

An agreement by which the Town and the developer agree in reasonable detail as to all of those matters to which the provisions of this chapter apply and which does not come into effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the Town.

DEVELOPMENT

Any human-made change to improved or unimproved real estate, including but not limited to construction of or addition or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.

DEVELOPMENT, CONSERVATION

A housing development in a rural area that is characterized by compact lots, clustered home sites and common open space, and where the natural features of land are preserved and enhanced to the greatest extent possible. This type of development is sometimes referred to as a "cluster development."

(1) The illustration below provides a visual representation of various features of a conservation or cluster development.

DEVELOPMENT, CONVENTIONAL

A housing development that subdivides an entire parcel of land into private lots and does not contain significant common open space.

(1) The illustration below provides a visual representation of various features of a conservation or cluster development.

DISTRICT

A part or parts of the Town for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the residential, business, and industrial district classifications).

DRIVE-IN RESTAURANT

An establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups; including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises.

DWELLING

A building or portion thereof used exclusively for residential occupancy, including single-family, two-family and multifamily dwellings, but not including hotels, motels, lodging houses, boardinghouses, tents, cabins, or mobile homes.

DWELLING UNIT

Consists of one or more rooms, including a bathroom and complete kitchen facilities, which are arranged, designed or used as living quarters for one family or household.

DWELLING, MULTIFAMILY

A building or portion thereof used for occupancy by three or more families living independently of each other.

DWELLING, SINGLE-FAMILY

A dwelling consisting of one dwelling unit designed for, converted to, and/or occupied by one family and not attached to another dwelling unit.

DWELLING, TWO-FAMILY

A detached building used for residential occupancy by two families living independently of each other.

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 (generally, the electric grid, that is stored on-board via a battery for motive purpose. Electric vehicle includes:

(1) A battery electric vehicle.

(2) A plug-in hybrid electric vehicle.

ELECTRIC VEHICLE CHARGING STATION

A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.

ELECTRIC VEHICLE CHARGING STATION – PRIVATE RESTRICTED USE

An electric vehicle charging station that is:

(1) Privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking); or

(2) Publicly owned and restricted (e.g., fleet parking with no access to the general public).

ELECTRIC VEHICLE CHARGING STATION – PUBLIC USE

An electric vehicle charging station that is:

(1) Publicly owned and publicly available (e.g., park-and-ride parking, public library parking lot, on-street parking); or

(2) Privately owned and available to visitors of the use (e.g., shopping center parking).

ELECTRIC VEHICLE INFRASTRUCTURE

Conduit/wiring, structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and rapid charging stations.

ELECTRIC VEHICLE PARKING SPACE

Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

ENVIRONMENTAL CONSERVANCY (EC)

Areas designated (EC) in the Cooperative Boundary Plan between the City of West Bend and the Town of West Bend, Washington County, Wisconsin (2001) as environmental conservancy lands. For the purposes of this chapter, these areas are zoned C-2 Conservancy Overlay District.

ENVIRONMENTAL CONSERVANCY DISTRICT AREAS

Those lands designated and mapped by the Southeast Wisconsin Regional Planning Commission (SEWRPC) as either primary environmental corridor, secondary environmental corridor, or isolated natural resource area and lands held in conservation by nonprofit organizations. Approximate locations of the Environmental Conservancy District areas are shown on the Town's Land Use Plan Map in the adopted Town of West Bend Comprehensive Plan.

ESSENTIAL SERVICES

Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(1) The group shares the entire dwelling unit.

(2) The group lives and cooks together as a single housekeeping unit.

(3) The group shares expenses for food, rent, utilities or other household expenses.

(4) The group is permanent and stable and not transient or temporary in nature.

(5) Any other factor reasonably related to whether the group is the functional equivalent of a family.

FENCE, OPEN

A structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Open fences are those with more than 50% of their surface area open for free passage of light and air. Examples of such fences include barbed wire, chain link, picket, rail fences, and others as identified in § 325-100.

FENCE, ORNAMENTAL

A fence intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or lot line, or frame a driveway, walkway, or planting bed. Ornamental fences are those with more than 80% of their surface area open for free passage of light and air. Ornamental fences are often of the rail, or wrought iron type and other as identified in § 325-100.

FENCE, SECURITY

A fence intended to guard property against unauthorized entry, and to protect stored goods and products from theft and other unauthorized handling. Security fences usually exceed six feet in height, are often made of wrought iron or woven wire, and may incorporate additional security features such as barbed wire or as identified in § 325-100.

FENCE, SOLID

A structure of boards, rails, planks, stakes, slats, or similar material erected as an enclosure, barrier, or boundary. Solid fences are those with 50% or less of their surface area open for free passage of light and air. Examples of such fences are stockade, board-on-board, board and batten, basket weave, and louvered fences or as identified in § 325-100.

FRONTAGE

The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.

GARAGE LOT

An undeveloped lot, or lot with an off-site residential garage, associated with a lakefront lot, as defined in this section and in § 325-102. The garage lot shall be a separate tax parcel from the lakefront lot.

GARAGE, OFF-SITE RESIDENTIAL

A freestanding residential accessory structure intended to house motor vehicles, yard equipment, and household items belonging to the person that owns the lot on which it is located and as further defined in § 325-102.

GARAGE, PRIVATE

A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the resident(s) upon the premises. Carports are considered garages.

GARAGE, PUBLIC OR COMMERCIAL

Any garage other than a private garage.

GAZEBO

An unglazed and unscreened, open-air roofed garden structure that offers an open view of the surrounding area, typically used for relaxation or entertainment. For the purposes of this chapter a gazebo cannot exceed 300 square feet in area and it cannot be permanently occupied as a residence, used for long-term storage, or be served by sanitary sewer service.

GEOTHERMAL ENERGY SYSTEM

A sealed, watertight loop of pipe buried outside of a building foundation, intended to recirculate a liquid solution through a heat exchanger. This includes but is not limited to vertical closed loop, horizontal closed loop and body of water closed loop systems.

GEOTHERMAL ENERGY SYSTEM, HORIZONTAL

A geothermal energy system constructed to contain horizontal piping and the installation and grouting of the horizontal piping when such piping does not exceed 20 feet in depth.

GEOTHERMAL ENERGY SYSTEM, VERTICAL

A geothermal energy system constructed to contain vertical piping and the installation and grouting of the vertical piping exceeding 20 feet in depth.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system not attached to another structure and ground mounted.

HOME OCCUPATION

Any occupation for gain or support conducted entirely within buildings by resident occupants, which is customarily incidental to the principal use of the premises, does not exceed 25% of the area of any floor, and uses only household equipment, and for which no stock-in-trade is kept or sold except that made on the premises. A home occupation includes uses such as babysitting, millinery, dressmaking, canning, laundering, and crafts, but does not include the display of any goods nor such occupations or uses as barbering, beauty shops, dance schools, real estate brokerage, or photographic studios.

IMPERVIOUS SURFACE

Any artificial or natural surface which does not allow the entrance or passage of water or sediment into the ground surface. These areas seal the ground surface from infiltration of water into the subsurface and prevent recharge of the groundwater and increase the amount of stormwater runoff. Runoff from impervious surfaces tends to increase the potential for flooding, and carries sediment and pollutants that are detrimental to the quality of surface waters. New developments typically increase the amount of impervious surface. It is important to manage and minimize the amount of impervious surface in new and existing developments to help protect the surface waters and help recharge natural groundwater. Impervious surfaces include, but are not limited to, buildings and roof areas, structures, concrete or asphalt surfaces, gravel or traffic bond surfaces, decks with no spaces in between the decking, and bricks or pavers with no spacing between, which are placed on traffic bond.

IMPERVIOUS SURFACE AREA

That total area of a lot which is covered with an impervious surface as indicated in this chapter.

IRREVOCABLE LETTER OF CREDIT

An agreement, entered into by a bank, savings and loan, or other financial institution which is authorized to do business in the State of Wisconsin and which has a financial standing acceptable to the Town of West Bend, and which is approved, as to form, by the Town Attorney.

LIVING AREA

The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways, and unfinished attics.

LOADING AREA

A completely off-street space or berth on the same lot as the principal use it serves for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

LOT

For the purpose of this chapter, a lot shall be defined as a parcel of land on which a principal structure and its accessory structure are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes shall be included in the computation of lot area. A lot of record prior to April 1, 1986, which is bisected by a public street or private roadway, shall be one lot for the purpose of this chapter.

LOT WIDTH

The width of a parcel of land measured at the setback line.

Lot Type Illustration

LOT, CORNER

A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side. The primary street yard shall be that associated with the mailing address or fire number, as applicable. The other street yard shall be the secondary street yard. (See Lot Type Illustration.)

LOT, DOUBLE FRONTAGE

A parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water. Double frontage lots, for the purpose of this chapter, shall be deemed to have two street yards and no rear yard. The primary street yard shall be that associated with the mailing address or fire number, as applicable. The secondary street yard shall be opposite the primary street yard. (See Lot Type Illustration.)

LOT, GARAGE

An undeveloped lot, or lot with an off-site residential garage, associated with a lakefront lot as defined in this section and in § 325-102. The garage lot shall be a separate tax parcel from the lakefront lot.

LOT, LAKEFRONT

A property with a legal description which extends to the ordinary high water mark of a lake.

MACHINE SHOPS

Shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair shops; and overhaul shops.

MANUFACTURING

When used in describing an industrial operation, the making or processing of a product with machinery.

MAXIMUM BLADE TIP HEIGHT

The nominal hub height plus the nominal blade length of a wind turbine, as listed in the wind turbine specifications provided by the wind turbine manufacturer. If not listed in the wind turbine specifications, "maximum blade tip height" means the actual hub height plus the blade length.

MINOR LAND DIVISION

Minor land divisions include the division of land by the owner or his agent resulting in the creation of two, but not more than four, parcels of building sites, any one of which is 10 acres or less in size; or the division of a block, lot or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot or outlot. Such minor land divisions shall be made by a certified survey map (CSM).

MOTEL

A series of attached, semiattached, or detached sleeping units for the accommodation of transient guests.

MINOR STRUCTURE

Any small, movable accessory structure such as birdhouses, tool houses, pet houses, play equipment, arbors, and walls and fences under four feet in height.

NAMEPLATE CAPACITY

The nominal generating capacity of a wind energy system, as listed in the wind turbine specifications provided by the wind turbine manufacturer.

NON-ELECTRIC VEHICLE

Any motor vehicle that does not meet the definition of electric vehicle.

NONCONFORMING USES OR STRUCTURES

Any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendment thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

NONPARTICIPATING PROPERTY

Real property that is not a participating property.

NONPARTICIPATING RESIDENCE

A residence located on nonparticipating property.

ORDINARY HIGH WATER MARK

The point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic.

OVERLAY DISTRICT

A zoning district that is superimposed on one or more other zoning districts and imposes additional restrictions on the underlying districts.

OWNER (WIND ENERGY SYSTEM)

(1) A person with a direct ownership interest in a wind energy system, regardless of whether the person was involved in acquiring the necessary rights, permits and approvals or otherwise planning for the construction and operation of a wind energy system.

(2) At the time a wind energy system is being developed, a person who is acting as a wind energy system developer by acquiring the necessary rights, permits and approvals for or by planning for the construction and operation of a wind energy system, regardless of whether the person will own or operate the wind energy system.

PARKING LOT

Any public or private land area designated and used for parking motor vehicles. A parking lot may be at ground level and not be subject to the setback and other yard requirements of a structure, or may be located within a structure which must meet the yard requirements of a specified zoning district.

PARTICIPATING PROPERTY

Any of the following:

(1) A turbine host property.

(2) Real property that is the subject of an agreement that does all of the following:

(a) Provides for the payment of monetary compensation to the landowner from the owner, regardless of whether any part of a wind energy system is constructed on the property.

(b) Specifies in writing any waiver of a requirement or right under this chapter and that the landowner's acceptance of payment establishes the landowner's property as a participating property.

PARTICIPATING RESIDENCE

A residence located on participating property.

PARTIES IN INTEREST

Includes all abutting property owners, all property owners within 200 feet, and all property owners of opposite frontages.

PERSONAL COMMUNICATIONS

Includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.

PERVIOUS SURFACE

Any artificial or natural surface which allows the entrance or passage of water or sediment into the ground surface via the porous nature of the material itself. The void areas and the infiltration rates of these materials allow rainwater and surface water to penetrate deep into the soil areas allowing the natural recharge of groundwater. The Town of West Bend promotes and in some cases requires the use of pervious materials in lieu of impervious materials in developed areas of the Town; therefore, the Town is encouraging the use of materials and technologies which achieve the goals of protection of surface water quality, prevention of flooding and groundwater recharge. Some examples of these materials include open cell block grass pavers, spaced paving bricks or pavers, pervious asphalt and pervious concrete.

PHOTOVOLTAIC CELL

A semiconductor device that converts solar energy into electricity.

PLUG-IN HYBRID ELECTRIC VEHICLE

An electric vehicle that:

(1) Contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor.

(2) Charges its battery primarily by connecting to the grid or other off-board electrical source (generally, the electric grid).

(3) May additionally be able to sustain battery charge using an on-board internal-combustion-driven generator.

(4) Has the ability to travel powered by electricity.

PREMISES

Any lot or parcel of land owned by any person, firm or corporation, public or private, improved with building, whether occupied or unoccupied.

PRINCIPAL STRUCTURE

The primary structure on a parcel of land where the principal use occurs.

PRINCIPAL USE

The permitted or conditional use on a parcel of land.

PROCESSING

When used in describing an industrial operation, the series of continuous actions that changes one or more raw materials into a finished product. The process may be chemical as in the processing of photographic materials; it may be a special method such as processing butter or cheese; it may be a mechanical process such as packaging a base product.

RECYCLING

The process by which waste products such as metal cans, scrap metal, paper, or glass are reduced to raw materials and transformed into new and often different products. For the purpose of this chapter, "recycling" does not include the reclamation of sewage sludge, food wastes, and other organic materials.

REDEVELOPMENT

Any substantive change to a developed site, its structures, or its uses.

RESIDENCE (SPECIFICALLY REGARDING WIND ENERGY SYSTEM)

An occupied primary or secondary personal residence, including a manufactured home as defined in § 101.91(2), Wis. Stats., a hospital, community-based residential facility, residential care apartment complex or similar facility, or a nursing home. "Residence" includes a temporarily unoccupied primary or secondary personal residence. "Residence" does not include any of the following:

(1) A recreational vehicle as defined in § 340.01(48r), Wis. Stats., notwithstanding the length of the vehicle.

(2) A camping trailer as defined in § 340.01(6m), Wis. Stats.

(3) A permanently abandoned personal residence.

SEAT

Furniture upon which to sit, having a linear measurement not less than 24 inches across the surface used for sitting.

SETBACK

The minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure.

SHADOW FLICKER

A pattern of moving shadows cast on a residence or an occupied community building caused by sunlight shining through moving wind turbine blades resulting in alternating changes in light intensity.

SHORELAND

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 the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where:

(1) Such lands are not adjacent to a navigable stream or river;

(2) Those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and

(3) Such lands are maintained in nonstructural agricultural use.

SHORT-TERM RENTAL

A residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days.

SIGN

A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization, or business.

SIGN, AWNING

A sign that is mounted or painted on, or attached to an awning, canopy, or marquee. (See Sign Type Illustration in this section.)

SIGN, COPY

The message or advertisement, and any other symbols on the face of a sign. (See Sign Type Illustration in this section.)

SIGN, FACE

The area or display surface used for the message.

SIGN, GROUND

Any sign placed upon or supported by the ground independent of any other structure. (See Sign Type Illustration in this section.)

SIGN, PORTABLE

A sign that is not permanent, affixed to a building, structure, or to the ground. Such sign may be mounted on wheels to make it transportable. (See Sign Type Illustration in this section.)

SIGN, PROJECTING

A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. (See Sign Type Illustration in this section.)

SIGN, ROOF

A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above a point of a building with a flat roof, the eave line of a building with a gambrel, or hip roof, or the deckline of a building with a mansard roof. (See Sign Type Illustration in this section.)

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and does not project more than 12 inches from such building or structure. (See Sign Type Illustration in this section.)

SIGN, WINDOW

A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window. (See Sign Type Illustration in this section.)

Sign Type Illustration

SMALL WIND ENERGY SYSTEM

A wind energy system that has a total installed nameplate capacity of 300 kilowatts or less and that consists of individual wind turbines that have an installed nameplate capacity of not more than 100 kilowatts.

SOLAR COLLECTOR

A device, structure or part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.

SOLAR GLARE

The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

SOLAR PANEL

A group of photovoltaic cells are assembled on a panel. Panels are assembled on-site into solar arrays.

STREET

A public right-of-way not less than 50 feet wide providing primary access to abutting properties.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.

STRUCTURE

Any human-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, which includes, but is not limited to, such objects as roofed and walled structures, decks, towers, masts, poles, booms, signs, decorations, carports, machinery, and equipment ice fishing shanties, gas or liquid storage tanks.

SUBSTANTIAL IMPROVEMENT

Any 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:

(1) Any project for improvement of a structure to comply with existing state or local health, sanitary of safety code specifications which are solely necessary to assure safe living conditions; or

(2) 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.

SUSTAINED YIELD FORESTRY

Management of forested lands to provide annual or periodic crops of forest products.

SWIMMING POOL

Any structure, portable or permanent, containing a body of water 36 inches or more in depth, intended for recreational purposes, but not including a wading pool, an ornamental reflecting pool or fish pond or similar type pool, located and designed so as not to create a hazard or to be used for swimming.

TRANSITORY STRUCTURE

A nonpermanent accessory structure in a residential district including enclosed structures no larger than 120 square feet in area; open gazebos; cabanas; screen houses; fences; towers; personal energy systems; in-ground and aboveground swimming pools; children's playhouses, play apparatus, swing sets, and the like; hot tubs/spas; patios and decks; raised bed gardens; trellises; bee hives; enclosures for backyard chickens; dog enclosures; and other structures deemed to be substantially the same by the Plan Commission.

TURBINE HOST PROPERTY

Real property on which at least one wind turbine is located.

UNNECESSARY HARDSHIP

That circumstance where special conditions, which are not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this chapter.

USE

(1) Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or

(2) Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

VARIANCE

An authorization granted by the Zoning Board of Appeals to construct, alter, or use a building or structure in a manner that deviates from the dimensional standards of this chapter. A variance may not permit the use of a property that is otherwise prohibited by the chapter or allow floodland construction that is not protected to the flood protection elevation.

WETLANDS

Those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

WIND ENERGY SYSTEM

A system as defined in § 66.0403(1)(m), Wis. Stats., used to convert wind energy to electrical energy.

WIND ENERGY SYSTEM EMERGENCY

A condition or situation at a wind energy system that presents a significant threat of physical danger to human life or a significant threat to property or a natural event that causes damage to wind energy system facilities.

WIND ENERGY SYSTEM FACILITY

Any component of a wind energy system, such as a wind turbine, collector circuit, access road, electric system interconnection facility or operation and maintenance facility.

WIND ENERGY SYSTEM LEASE

A written agreement between a landowner and the owner that establishes the terms and conditions associated with the placement, construction or operation of a wind turbine or other wind energy system facility on a landowner's property.

WIND TOWER

The monopole, freestanding, or guyed structure that supports a wind turbine generator.

YARD

An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

YARD TYPE ILLUSTRATION

YARD, PRIMARY STREET

A yard associated with the primary mailing address or fire number for the principal structure extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the street right-of-way of a public street or road or the paving edge of a private roads and a line parallel thereto through the nearest point of the principal structure. (See Yard Type Illustration in this section.)

YARD, REAR

A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the primary street yard on a corner lot. (See Yard Type Illustration in this section.)

YARD, SECONDARY STREET

A yard that abuts an existing or proposed street or highway not otherwise defined as a primary street yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the street right-of-way of a public street or road or the paving edge of a private roads and a line parallel thereto through the nearest point of the principal structure. (See Yard Type Illustration in this section.)

YARD, SHORE

A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the ordinary high water mark of a navigable body of water and a line parallel thereto through the nearest point of the principal structure. (See Yard Type Illustration in this section.)

YARD, SIDE

A yard extending from the street yard to the rear yard or shore yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure. (See Yard Type Illustration in this section.)

YARD, STREET

A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the street right-of-way of a public street or road or the paving edge of a private roads and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards. The primary street yard on a double frontage lot or corner lot shall be that associated with the mailing address or fire number, as applicable. (See Yard Type Illustration in this section.)