As used in this chapter, the following terms shall have the
meanings indicated:
(a)
A ZONES
Those areas shown on the Official Floodplain Zoning Map which
would be inundated by the regional flood. These areas may be numbered
or unnumbered A Zones. The A Zones may or may not be reflective of
flood profiles, depending on the availability of data for a given
area.
(d)
ACCESSORY BUILDING
A structure which requires a building permit, contains at
least three walls and a roof, has a permanent foundation or floor,
is detached from a principal building on the same lot, and is customarily
incidental and subordinate to the principal building or use. Accessory
buildings shall include, but not be limited to, garages and sheds.
Accessory buildings do not include general farm buildings, portable/temporary
buildings, enclosures, or structures.
[Amended 11-1-2022 by Ord. No. 3056; 7-18-2023 by Ord. No. 3077]
(e)
ACCESSORY DWELLING
A smaller, independent residential dwelling unit located
on the same lot as a single-family detached home.
(f)
ACCESSORY RETAIL
The use of a portion of a building for retail purposes which
are customarily incidental and subordinate to the principal use of
the building.
(g)
ACCESSORY STRUCTURE
A structure which requires a building permit, may or may
not have a permanent foundation, is detached from a principal building
on the same lot, and is customarily incidental and subordinate to
the principal building or use. Accessory structures shall include,
but not be limited to, leantos, gazebos, and pergolas. Portable/temporary
carports, or roofed, wall-less canopy-like structures are prohibited.
Decks are not considered accessory structures, but do require permits.
For floodplain purposes, an accessory structure is a facility, structure,
or building which is accessory or incidental to the principal use
of a property, structure, or building and shall not be used for human
habitation.
[Amended 7-18-2023 by Ord. No. 3077]
(h)
ACCESSORY USE
A use or detached structure subordinate to the principal
use of a structure, land, water, or air and located on the same lot
or parcel and serving a purpose customarily incidental to the principal
use or the principal structure. For floodplain purposes, an accessory
use is a use other than human habitation that is accessory or incidental
to the principal use of a property, structure, or building.
(i)
ACUTE CARE CENTER
A building containing medical services for acute patient
needs or containing an association or group of physicians, dentists,
clinical psychologists, or similar professional health care practitioners,
including assistants. The clinic may include a pharmacy, dental and
mental laboratories, and/or x-ray facilities, but shall not include
inpatient or overnight care.
(j)
ADULT ARCADE
A commercial establishment where, for any form of consideration,
one or more still or motion picture projectors, slide projectors,
computer-generated or enhanced pornography, panorama, peep show, or
similar machines, or other image producing machines, for personal
viewing, are used to show films, motion pictures, video cassettes,
slides, or other photographic reproductions which provide material
for individual viewing by patrons on the premises of the business
which are characterized by an emphasis on the depiction, description
or simulation of "specified anatomical areas" or "specified sexual
activities."
(k)
ADULT BOOKSTORE
An establishment which has a facility or facilities, including,
but not limited to, booths, cubicles, rooms or stalls, for the presentation
of adult entertainment, including adult oriented films, movies or
live performances for observation by patrons therein; or an establishment
having as a substantial or significant portion of its stock-in-trade
for sale, rent, trade, lease, inspection or viewing, books, films,
video cassettes, magazines or other periodicals, which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to "specified anatomical areas" or "specified sexual activities."
(l)
ADULT ENTERTAINMENT BUSINESS
(1)
a.
b.
c.
d.
(2)
Any establishment providing adult entertainment as defined herein,
including, but not limited to, adult arcade, adult bookstore, adult
novelty store, adult video store, adult motion picture theater, and
exotic dance studio, more specifically defined as adult arcades, adult
bookstores, adult motion picture theaters, and adult retail establishments.
In determining whether or not the presumption is rebutted, the Common
Council may consider the following factors, which are not conclusive:
Whether minors are prohibited from access to the premises of
the establishment due to the adult entertainment nature of the inventory;
Whether the establishment is advertised, marketed, or held out
to be an adult merchandising facility;
Whether adult entertainment material is an establishment's primary
or one of its principal business purposes; or
Whether 30% or more of an establishment's revenue is derived
from adult entertainment material. An establishment may have other
principal business purposes that do not involve the offering for sale
or rental of adult entertainment materials and still be categorized
as an adult retail establishment.
Such other business purposes will not serve to exempt such establishments
from being categorized as an adult retail establishment so long as
one of its principal business purposes is offering for sale or rental,
for some form of consideration, the specified adult entertainment
materials. The Common Council shall have full discretion to give appropriate
weight to the factors set forth above as well as other factors considered
depending on the particular facts and circumstances of each application.
(m)
ADULT ENTERTAINMENT MATERIAL
Any books, magazines, cards, pictures, periodicals, or other
printed matter, or photographs, films, motion pictures, video tapes,
slides, or other photographic reproductions, or visual representations,
CD-ROMs, DVDs, disks, electronic media, or other such media, or instruments,
devices, equipment, paraphernalia, toys, novelties, games, clothing
or other merchandise or material, which are characterized, by an emphasis
on the depiction, description or simulation of "specified anatomical
areas" or "specified sexual activities."
(n)
ADULT ENTERTAINMENT
Any dance, amusement, show, display, merchandise, material,
exhibition, pantomime, modeling or any other like performance of any
type for the use or benefit of a member or members of the public or
advertised for the use or benefit of a member of the public where
such is characterized by an emphasis on the depiction, description
or simulation of "specified anatomical areas" as defined herein, or
the exhibition of "specified sexual activities," also defined herein,
or in the case of live adult entertainment performances, which emphasizes
and seeks to arouse or excite the patrons' sexual desires. For the
purposes of this chapter, any patron of an adult entertainment business,
as defined in this section, shall be deemed a member of the public.
(o)
ADULT FAMILY HOME
(1)
(2)
A private residence to which all of the following apply:
Care and maintenance above the level of room and board but not
including nursing care are provided in the private residence by the
care provider whose primary domicile is this residence for three or
four adults, or more adults if all of the adults are siblings, each
of whom has a developmental disability, as defined in § 51.01(5),
Wis. Stats., or, if the residence is licensed as a foster home, care
and maintenance are provided to children, the combined total of adults
and children so served being no more than four, or more adults or
children if all of the adults or all of the children are siblings.
The private residence was licensed under § 48.62, Wis. Stats., as a foster home for the care of the adults specified in Subsection (1) at least 12 months before any of the adults attained 18 years of age.
(p)
ADULT MOTION PICTURE THEATER
A commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic reproductions characterized
by an emphasis on the depiction, description or simulation of "specified
anatomical areas" or "specified sexual activities" are regularly shown
for any form of consideration.
(q)
ADULT RETAIL ESTABLISHMENT
Any bookstore, adult novelty store, adult video store, or
other similar commercial establishment, business, service, or portion
thereof which, for money or any other form of consideration, provides
as a significant or substantial portion of its stock-in-trade the
sale, exchange, rental, loan, trade, transfer, and/or provision for
viewing or use off the premises of the business adult entertainment
material as defined in this section. For definition, of this provision,
it shall be a rebuttable presumption that 30% or more of a business'
stock-in-trade in adult retail material, based on either the dollar
value (wholesale or retail) or the number of titles of such material,
is significant or substantial.
(r)
ADULT-ORIENTED FACILITIES
(1)
(2)
(3)
Commercial establishments in which a significant portion
of the business is to:
Display, sell, have in their possession for sale, offer for
view, publish, disseminate, give, lease, or otherwise deal in any
written or printed matter, pictures, films, sound recordings, machines,
mechanical devices, models, facsimiles, or other material and paraphernalia
depicting sexual conduct or nudity; and/or
Which display for viewing any film or pictures depicting sexual
conduct or nudity; and/or
In which any person appears or performs in a manner depicting
sexual conduct or involving nudity.
(s)
AGRITOURISM
An agriculturally based operation or activity that brings
visitors to a farm or ranch.
(t)
ALLEY
A public right-of-way affording only secondary access to
abutting properties and not intended for general traffic circulation.
(u)
ALTERATION
For floodplain purposes, an alteration is an enhancement,
upgrade, or substantial change or modification, other than an addition
or repair to a dwelling or to electrical, plumbing, heating, ventilating,
air conditioning, and other systems within a structure.
(v)
ANIMAL BOARDING FACILITY
See "kennel,"
[Added 11-1-2022 by Ord. No. 3056]
(w)
ANIMAL DAY-CARE/RECREATION
A private commercial facility that provides short-term daytime
care and recreational opportunities for animals, including minor grooming
services, but does not include a kennel or boarding facility.
[Added 11-1-2022 by Ord. No. 3056]
(x)
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
[Amended 11-1-2022 by Ord. No. 3056]
(y)
ANIMAL SHELTER
A facility used to house or contain stray, homeless, abandoned,
or unwanted animals and that is owned, operated, or maintained by
a public body, an established humane society, animal welfare society,
society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection, and humane treatment
of animals. Includes basic medical treatment and adoption services,
but excludes surgical or on-site cremation services.
[Added 11-1-2022 by Ord. No. 3056]
(z)
ANIMAL TRAINING/THERAPY
A private facility that provides animal training and/or therapy/rehabilitation
services, excluding surgical, kenneling, boarding, and shelter services.
[Added 11-1-2022 by Ord. No. 3056]
(aa)
ANTENNA, EARTH STATION DISH
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communication satellites.
[Amended 11-1-2022 by Ord. No. 3056]
(bb)
ANTENNA, TERRESTRIAL
Any antenna designed to receive television and radio signals
relayed from one ground location to another ground location. Such
antennas are typically mounted on a tower or support on the rooftop
of a structure, or on freestanding towers.
[Amended 11-1-2022 by Ord. No. 3056]
(cc)
ANTENNA
(1)
(2)
a.
b.
c.
A specific device the surface of which is used to receive
or capture incoming and/or to transmit outgoing radio-frequency (RF)
signals, microwave signals, or other communications energy transmitted
from or to be received by other antennas, including, but not limited
to the following:
[Amended 11-1-2022 by Ord. No. 3056]
Directional (or panel) antennas, designed to receive and/or
transmit signals in a directional pattern which is less than 360°,
typically an arc of approximately 120°;
Parabolic (or "dish") antennas, generally bowl-shaped devices
that are designed to receive and/or transmit signals in an approximate
specific direction;
Microwave parabolic antennas are designed to transmit and/or
receive microwave signals to or from other microwave parabolic antennas;
Satellite parabolic antennas are designed to transmit and/or
receive audio and/or video or data signals from satellites orbiting
the earth;
Other devices designed for the reception and/or transmission
of radio-frequency (RF) signals or other communication technologies.
(dd)
AQUACULTURE
The indoor farming of fish, crustaceans, mollusks, aquatic
plants, algae, and other organisms.
[Amended 11-1-2022 by Ord. No. 3056]
(ee)
AREA OF SHALLOW FLOODING
A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community’s
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flood may be evident. Such flooding is characterized
by ponding or sheet flow.
[Amended 11-1-2022 by Ord. No. 3056]
(ff)
ARCHERY RANGE
An outdoor facility that may include buildings or structures
used for target practice with bows and arrows.
[Amended 11-1-2022 by Ord. No. 3056]
(gg)
ART GALLERY
An establishment engaged in the sale or exhibit of art works
such as paintings, sculpture, macrame, knitted goods, stitchery, or
pottery. Art studios are may also be engaged in the creations of such
art works and often offer instruction in their creation.
[Amended 11-1-2022 by Ord. No. 3056]
(hh)
ARTERIAL HIGHWAY
A public street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets and highways include
freeways and expressways, state trunk and county trunk highways, and
other heavily traveled streets.
[Amended 11-1-2022 by Ord. No. 3056]
(ii)
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.
[Amended 11-1-2022 by Ord. No. 3056]
(jj)
AUDIO/VIDEO PRODUCTION
An activity, not in conjunction with adult-oriented facilities,
involving the production, including scripting, recording, editing
and post-production of audio and visual taped media for educational,
entertainment or promotional purposes.
[Amended 11-1-2022 by Ord. No. 3056]
(kk)
AUTOBODY OR AUTOMOTIVE MECHANICAL REPAIR
Activities involving the repair, painting, or undercoating
of the body or frame; or maintenance, servicing, or repair of automotive
engines, power train, suspensions, and exhaust system on vehicles
with a gross weight of 10,000 pounds or less.
[Amended 11-1-2022 by Ord. No. 3056]
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year, as published by FEMA as part of a FIS and depicted
on a FIRM.
(b)
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. For floodplain purposes, a
basement is any enclosed area of a building having its floor sub-grade
on all sides.
(c)
BED-AND-BREAKFAST
Any place of lodging that provides four or fewer rooms for
rent 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.
(e)
BOAT MOORING AND RENTAL
See "marina."
(f)
BOOTHS, CUBICLES, ROOMS, COMPARTMENTS OR STALLS
Enclosures as are specifically offered to the public or members
of an adult entertainment business for hire or for a fee as part of
a business operated on the premises which offers as part of its business
the entertainment to be viewed within the enclosure. This shall include,
without limitation, such enclosures wherein the entertainment is dispensed
for a fee, but a fee is not charged for mere access to the enclosure.
However, "booth," "cubicle," "room," "compartment" or "stall" does
not mean such enclosures that are private offices used by the owners,
managers or persons employed on the premises for attending to the
tasks of their employment, which enclosures are not held out to the
public or members of the establishment for hire or for a fee or for
the purpose of viewing entertainment for a fee.
(g)
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces, without causing damage to the
elevated portion of the building or supporting foundation system.
(h)
BREWERY
An industrial use that brews ales, beers, meads, and/or similar
beverages primarily for consumption off premises.
(i)
BRIDLE PATH
A trail or track used for horseback riding.
(j)
BUFFER YARD
An area of land containing sufficient area and width, landscape
plantings, earth berms, fencing, walls, or other visual and/or sound
barriers intended to eliminate or minimize land use conflicts between
adjacent land uses.
(k)
BUILDABLE AREA
The area of the lot remaining after the minimum front setback,
side setbacks, rear setback, and other open space requirements, such
as wetlands, have been met.
(l)
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, vehicles, or materials.
(m)
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished lot grade along the front yard of the structure to the
highest point of the roof.
(n)
BUILDING SETBACK LINE
A line within a lot or parcel of land designated, pursuant
to City Zoning Code requirements, on a plat of a proposed subdivision
within which, and the adjacent boundary of the street upon which the
lot abuts, the erection of an enclosed structure or portion thereof
is prohibited.
(o)
BUILDING, PRINCIPAL
The main building or structure as distinguished from a secondary
or accessory building or structure. This includes a house in a residential
district, a store in a business district, a factory in a manufacturing
district, or farm buildings in an agricultural district. Principal
building shall not include attached secondary or accessory buildings
or structures.
(p)
BUILDING, TEMPORARY
Any building not designed to be permanently located in the
place where it is currently located, or where it is intended to be
located.
(q)
BULKHEAD LINE
A geographic line along a reach of navigable water that has
been adopted by a municipal ordinance and approved by the Department
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.
(r)
BULLETIN BOARD
See "sign, bulletin."
(s)
BUSINESS ACCELERATOR
Organizations that provide cohorts of selected nascent ventures
seed-investment, usually in exchange for equity, and limited-duration
educational programming, including extensive mentorship and structured
educational components. These programs typically culminate in "demo
days" where the ventures make pitches to an audience of qualified
investors (International Economic Development Council. Accelerating
Success: Strategies to Support Growth Oriented Companies.
(t)
BUSINESS INCUBATOR
A mechanism used to encourage and support young companies
until they become viable. These are typically multitenant buildings
developed by local economic development entities to help "grow" new
businesses by providing them with inexpensive space and common business
services.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
CAFE
An informal restaurant primarily offering coffee, tea, and
other beverages, and where light refreshments and limited menu meals
may also be sold.
(b)
CAMPGROUND
Any parcel of land which is designed, maintained, intended,
or used for the purpose of providing sites for nonpermanent overnight
use by four or more camping units, or which is advertised or represented
as a camping area.
(c)
CAMPING UNIT
Any portable device, no more than 400 square feet in area,
used as a temporary shelter, including but not limited to a camping
trailer, motor home, bus, van, pick-up truck, tent or other mobile
recreational vehicle that is fully licensed, if required, and ready
for highway use.
(e)
CAR OR TRUCK WASH
Any facility used for the washing of vehicles requiring the
installation of special equipment.
(f)
CARNIVAL
A traveling or transportable group or aggregation of rides,
shows, games, or concessions or any combination thereof.
(g)
CERTIFICATE OF COMPLIANCE
A certification that the construction and the use of land
or a building, including the elevation of fill or lowest floor of
a structure for floodplain purposes, is in compliance with all of
the provisions of this chapter.
(h)
CHANNEL
A natural or artificial watercourse with definite bed and
banks to confine and conduct normal flow of water.
(i)
CHAPTER 980 STATS. SUPERVISED RELEASE
An occupancy use of a dwelling unit pursuant to a plan of
the Department of Health and Family Services, a Court order, or as
may otherwise result from or be provided for under Chapter 980 of
the Wisconsin Statutes, which occupancy use is the supervised release
of a sexually violent person.
(j)
CIRCUS/ANIMAL SHOW
A temporary outdoor amusement center, bazaar, or fair either
involving use of special purpose equipment, conducted by professional
operators, or both, and where activities include such things as animal
shows, rides, food service, or small-scale games.
(k)
CLUBHOUSE
A building or group of buildings accessory to a residential
development and available for common use by residents of the development.
(l)
COLLEGE/UNIVERSITY
An institution of higher learning that offers courses of
general or specialized study leading to a degree, including instructional
and recreational uses, with or without living quarters, dining rooms,
restaurants, heating plants and other incidental facilities for students,
teachers, and employees. Such institutions are certified by the state
or by a recognized accrediting agency. Examples include universities,
liberal arts colleges, community colleges, nursing, and medical schools
not accessory to a hospital, conservatories, and seminaries.
(m)
COLLOCATION
Locating wireless communication facilities from more than
one provider on a single site.
(n)
COMMERCIAL VEHICLE SALES AND SERVICE
Any building, land area, or other premises for the display
and sale of large trucks and equipment, typically used in commercial
and industrial operations, and including any warranty repair work
and other repair service conducted as an accessory use.
(o)
COMMERCIAL TRUCK
Trucks with a gross vehicle weight in excess of 10,000 pounds.
(p)
COMMUNITY GARDEN
A site where any kind of plant, including flowers, is grown,
and several individuals or households cultivate the site. The site
may be divided into individual allotments, or gardeners may work together
to cultivate the entire property. The land may be publicly or privately
owned. The plants are grown for personal use by the gardeners or for
donation.
(q)
COMMUNITY LIVING, ONE TO 15 PERSONS
All facilities provided for in § 46.03(22), Wis.
Stats., including child welfare agencies, group homes for children,
foster homes, treatment foster homes, and community-based residential
facilities, where care, treatment, or services above the level of
room and board but less than skilled nursing care are provided to
up to 15 persons residing in the facility. Such care, treatment or
services are provided as the primary function of such facility. Adult
family homes, day-care homes, nursing homes, general hospitals, special
hospitals, prisons, jails, and foster family homes that are the primary
domiciles of a foster parent and four or fewer children are not community
living arrangements for purposes of this chapter.
(r)
COMMUNITY LIVING, 16 PLUS PERSONS
All facilities provided for in § 46.03(22), Wis.
Stats., including child welfare agencies, group homes for children,
foster homes, treatment foster homes, and community-based residential
facilities, where care, treatment, or services above the level of
room and board but less than skilled nursing care are provided to
more than 16 persons residing in the facility. Such care, treatment
or services are provided as the primary function of such facility.
Adult family homes, day-care homes, nursing homes, general hospitals,
special hospitals, prisons, jails and foster family homes that are
the primary domiciles of a foster parent and four or fewer children
are not community living arrangements for purposes of this chapter.
(s)
COMMUNITY-BASED RESIDENTIAL FACILITY
A place where three or more unrelated adults reside in which
care, treatment, or services above the level of room and board but
not including nursing care are provided to persons residing in the
facility as a primary function of the facility.
(t)
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination
as a permitted use in a district. Conditional uses have been used
in zoning ordinances as flexible devices, which are designed to cover
situations where a particular use, although not inherently inconsistent
with the use classification of a particular zoning district, may create
special problems and hazards if allowed to develop and locate as a
matter of right in a particular zoning district. Conditional uses
are issued to properties, not individuals, and their continued use
runs with the property, not with the owner.
(u)
CONTRACTOR'S SHOP/OFFICE
An establishment used for the indoor repair, maintenance,
or storage of a contractor’s vehicles, equipment, or materials,
and may include the contractor’s business office. Does not include
outdoor storage.
[Added 11-1-2022 by Ord. No. 3056]
(v)
CONTRACTOR'S YARD
An area of a parcel on which a contractor’s shop/office
has been approved, sited and screened in accordance with all other
Code requirements, which is used for the outdoor repair, maintenance,
or storage of a contractor’s vehicles, equipment, or materials.
[Added 11-1-2022 by Ord. No. 3056]
(w)
COVERED PARKING FACILITIES
A parking facility with an overhead covering and shall include
all floors, except the roof level of multilevel parking structure
or ramp.
[Amended 11-1-2022 by Ord. No. 3056]
(x)
CRAWLWAYS OR CRAWLSPACE
An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for limited access to
plumbing and electrical utilities.
[Amended 11-1-2022 by Ord. No. 3056]
(y)
CURB ELEVATION
The elevation of the established curb in front of a building
or structure generally used as a reference point in establishing yard
grades. Where curb has not been installed, the mean center line elevation
of the street in front of the building or structure shall be used
as the reference point.
[Amended 11-1-2022 by Ord. No. 3056]
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
DAY-CARE CENTER
See "family day-care home" and "group day-care center."
(b)
DECK
An unenclosed exterior structure that has no roof or sides
but has a permeable floor which allows the infiltration of precipitation.
Decks may be attached to or detached from the principal structure
(freestanding). Detached (freestanding) decks are not considered accessory
structures for building permit purposes.
[Amended 7-18-2023 by Ord. No. 3077]
(c)
DEPARTMENT
The Wisconsin Department of Natural Resources.
(d)
DESTINATION RETAIL
A type of store that attracts regional customers as their
ultimate destination.
(e)
DEVELOPMENT
Any artificial change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or alterations
to buildings, structures or accessory structures; the repair of any
damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of
buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling
operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
(f)
DISTILLERY
A facility which produces, by distillation, spirits for consumption,
the sales and distribution of which are subject to regulation by the
Wisconsin Department of Revenue.
(g)
DISTRICT, BASIC
A part or parts of the City for which the regulations of
this chapter governing the use and location of land and buildings
are uniform (such as the Residential, Commercial, and Industrial District
classifications).
(h)
DISTRICT, OVERLAY
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic zoning district.
(i)
DONATION DROP BOX
A receptacle designed with a door, slot, or other opening
that is intended to accept and store donated items; not including
trailers where personnel are present to accept donations.
(j)
DRINKING ESTABLISHMENT
An establishment licensed under Chapter 125, Wisconsin Statutes,
in which the primary use is for the sale and consumption of fermented
malt beverages or intoxicating liquors upon said premises, but does
not include a full restaurant.
[Added 11-1-2022 by Ord. No. 3056]
(k)
DRIVE THROUGH
An establishment that dispenses products or services to patrons
who remain in vehicles.
[Amended 11-1-2022 by Ord. No. 3056]
(l)
DRIVEWAY
Every way or area used for vehicular travel on private property
adjacent to the street right-of-way.
[Amended 11-1-2022 by Ord. No. 3056]
(m)
DRY CLEANER
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on
the premises.
[Amended 11-1-2022 by Ord. No. 3056]
(n)
DRY LAND ACCESS
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
outside the floodplain, such as a road with its surface above regional
flood elevation and wide enough for wheeled rescue and relief vehicles.
[Amended 11-1-2022 by Ord. No. 3056]
(o)
DWELLING
A building designed or used exclusively as a residence or
sleeping place, but does not include boarding or lodging houses, motels,
hotels, tents, cabins, or travel trailers.
[Amended 11-1-2022 by Ord. No. 3056]
(p)
DWELLING UNIT
A group of rooms including at least a kitchen or kitchenette,
sanitary facilities, and a bedroom; and providing, or intended to
provide, living quarters for not more than one family.
[Amended 11-1-2022 by Ord. No. 3056]
(q)
DWELLING, MULTIFAMILY BUILDING
A residential building with multiple housing units stacked
vertically and horizontally. The building has a common external entrance
and units are accessed through internal entrances.
[Amended 11-1-2022 by Ord. No. 3056]
(r)
DWELLING, MULTIFAMILY COMPLEX
A master planned development with more than two multifamily
buildings on a lot.
[Amended 11-1-2022 by Ord. No. 3056]
(s)
DWELLING, SINGLE-FAMILY ATTACHED
A building, also called a duplex, townhome, or rowhome, containing
two or more separate dwelling units that are stacked horizontally
and share at least one common wall with an adjacent dwelling. Each
unit has a separate external entrance.
[Amended 11-1-2022 by Ord. No. 3056]
(t)
DWELLING, SINGLE-FAMILY DETACHED
A building designed for or occupied exclusively by one family,
including manufactured homes.
[Amended 11-1-2022 by Ord. No. 3056]
[Amended 11-1-2022 by Ord. No. 3056]
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
ELECTRIC VEHICLE CHARGING STATION
Any building, land area, or other premises, or portion thereof,
providing electric vehicle supply equipment to supply electrical power
for retail charging of electric passenger and/or commercial vehicles.
(b)
ENCROACHMENT
Any fill, structure, equipment, building, use or development
in the floodway.
(c)
ENVIRONMENTAL CONTRACTOR
Offices, laboratories and support facilities for the testing
or evaluation of soil, air or water, not including any on-site storage
or remediation of materials.
(d)
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.
(e)
EQUIPMENT SALES AND RENTAL
The use of any building or portion thereof, or other premises
or portion thereof, for the display, sale, rental, or lease of new
or used commercial, industrial, or agricultural equipment, including,
but not limited to, cranes, tractors, bulldozers, graders, excavators,
and other heavy equipment/machinery, as an ancillary use of a zoning
lot, and any warranty repair work and other repair service conducted
as an accessory use.
(f)
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
facilities such as gas, electrical, steam, water, sanitary sewerage,
storm water drainage, and communication systems and accessories thereto,
such as poles, towers, wires, mains, drains, vaults, culverts, laterals,
sewers, pipes, detention basins, drainage channels, catch basins,
water storage tanks, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, pumps, lift stations, railroad tracks, and
hydrants, but not including buildings.
(g)
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A parcel of land, divided into two or more manufactured
home lots for rent or sale, on which the construction of facilities
for servicing the lots is completed before the effective date of this
ordinance. At a minimum, this would include the installation of utilities,
the construction of streets and either final site grading or the pouring
of concrete pads.
(h)
EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed. This includes installation of utilities, construction
of streets and either final site grading, or the pouring of concrete
pads.
[Amended 11-1-2022 by Ord. No. 3056]
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
FAMILY
(1)
(2)
a.
b.
c.
d.
(3)
(4)
a.
b.
c.
A family may consist of a person living alone or any of the
following groups living together in a dwelling unit and sharing common
living, sleeping, cooking and eating facilities. The occupants must
share the entire dwelling unit. A unit in which the various occupants
act as separate roomers cannot be deemed to be occupied by a family.
Any number of people related by blood, marriage, adoption, guardianship
or other duly authorized custodial relationships;
Unrelated individuals if one or more of the following conditions
are met:
The presence of minor dependent children regularly residing
in the household;
Evidence of shared household expenses;
Whether or not different members of the household have the same
address for purposes of voter registrations, drivers' licenses, motor
vehicle registrations, summer or other residences and the filing of
taxes;
Enrollment of dependent children in local schools;
Two unrelated people and any children related to either of them.
A family does not include:
Any society club, fraternity, sorority, association, lodge,
combine, federation or other like organization.
Two or more individuals whose association to each other is temporary
and/or seasonal in nature.
More than one person determined to be a sexually violent person
under Chapter 980, Wisconsin Statutes.
(b)
FAMILY DAY-CARE HOME
A dwelling licensed as a day care center by the State of
Wisconsin pursuant to § 48.65 of the Wisconsin Statutes,
where care is provided for not more than eight children under the
age of seven years for less than 24 hours per day.
(c)
FAMILY ENTERTAINMENT CENTER (FEC)
An indoor facility that provides attractions, games, rides,
and other entertainment options marketed toward families and patrons
of all ages. May include restaurant or food services. See also Indoor
Amusement Park, Fun Center.
(d)
FARM
A parcel of land used for agricultural activities including,
but not limited to, the raising and harvesting of field crops; the
raising of livestock; and the raising and harvesting of trees, orchards,
or vineyards.
(e)
FARMERS MARKET
The offering for sale of fresh agricultural products directly
to the consumer at an open-air market.
(f)
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency that administers the National Flood Insurance
Program.
(g)
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, decorate, or screen areas of land.
(h)
FENCE, SECURITY
A fence intended to guard property against unauthorized entry,
and to protect stored goods and products from theft and other unauthorized
handling.
(i)
FINANCIAL INSTITUTION
See "bank."
(j)
FLEA MARKET
Any premises where the principal use is the sale of new or
used household goods, personal effects, tools, artwork, small household
appliances, and similar merchandise, equipment or objects, in small
quantities, in broken lots or parcels, not in bulk, for use or consumption
by the immediate purchaser. Flea markets may be conducted within a
structure or in the open air. Rummage sales and garage sales are not
considered to be flea markets.
(k)
FLOOD OR FLOODING
(1)
(2)
(3)
(4)
A general and temporary condition of partial or complete
inundation of normally dry land areas caused by one of the following
conditions:
The overflow or rise of inland waters;
The rapid accumulation or runoff of surface waters from any
source;
The inundation caused by waves or currents of water exceeding
anticipated cyclical levels along the shore of Lake Michigan or Lake
Superior; or
The sudden increase caused by an unusually high-water level
in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as a seiche, or by some similarly
unusual event.
(l)
FLOOD FREQUENCY
The probability of a flood occurrence which is determined
from statistical analyses. The frequency of a particular flood event
is usually expressed as occurring, on the average, once in a specified
number of years or as a percent chance of occurring in any given year.
(m)
FLOODFRINGE
That portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and associated
with standing water rather than flowing water.
(n)
FLOOD HAZARD BOUNDARY MAP
A map designating approximate flood hazard areas. Flood hazard
areas are designated as unnumbered A Zones and do not contain floodway
lines or regional flood elevations. This map forms the basis for both
the regulatory and insurance aspects of the National Flood Insurance
Program (NFIP) until superseded by a Flood Insurance Study and a Flood
Insurance Rate Map.
(o)
FLOOD INSURANCE RATE MAP (FIRM)
A map of a community on which the Federal Insurance Administration
has delineated both special flood hazard areas (the floodplain) and
the risk premium zones applicable to the community. This map can only
be amended by the Federal Emergency Management Agency.
(p)
FLOOD INSURANCE STUDY
A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those
areas affected by the regional flood and provides both flood insurance
rate zones and base flood elevations and may provide floodway lines.
The flood hazard areas are designated as numbered and unnumbered A-Zones.
Flood Insurance Rate Maps, that accompany the Flood Insurance Study,
form the basis for both the regulatory and the insurance aspects of
the National Flood Insurance Program.
(q)
FLOODPLAIN
Land which has been or may be covered by floodwater during
the regional flood. It includes the floodway and the floodfringe and
may include other designated floodplain areas for regulatory purposes.
(r)
FLOODPLAIN ISLAND
A natural geologic land formation within the floodplain that
is surrounded, but not covered, by floodwater during the regional
flood.
(s)
FLOODPLAIN MANAGEMENT
Policy and procedures to insure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration
and enforcement of floodplain regulations.
(t)
FLOOD PROFILE
A graph or a longitudinal profile line showing the relationship
of the water surface elevation of a flood event to locations of land
surface elevations along a stream or river.
(u)
FLOODPROOFING
Any combination of structural provisions, changes or adjustments
to properties and structures, water and sanitary facilities and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
(v)
FLOOD PROTECTION ELEVATION
An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see: "freeboard.")
(w)
FLOOD STORAGE
That area of the floodplain where storage of floodwaters
is calculated to reduce the regional flood discharge.
(x)
FLOODWAY
The channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional flood
discharge.
(y)
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floors of a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than six feet.
(z)
FLOOR AREA, NET
The total of all floors areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading space; and all floors below the first or ground floor, except
when used or intended to be used for human habitation or service to
the public. Very often, for ease of administration, net floor area
is expressed as gross floor area minus a certain percentage. Empirically,
stairwells, elevator shafts, equipment rooms, and utility rooms generally
average out to about 15% of the gross floor area.
(aa)
FOOD TRUCK
A large, motorized vehicle or trailer, equipped to cook,
prepare, serve, and/or sell food.
(bb)
FOOD TRUCK PARK
A permanently established area designed to accommodate multiple
food trucks and offering food and/or beverages for sale to the public
as the main use of the property.
(cc)
FOOTCANDLE
The illumination of a surface one-foot distant from a source
of light equivalent to one candle.
(dd)
FOSTER HOME
Any facility operated by a person required to be licensed
by § 48.62, Wis. Stats. that provides care and maintenance
for no more than four children unless all children are siblings.
(ee)
FREEBOARD
A safety factor expressed in terms of a specified number
of feet above a calculated flood level. Freeboard compensates for
any factors that cause flood heights greater than those calculated,
including ice jams, debris accumulation, wave action, obstruction
of bridge openings and floodways, the effects of watershed urbanization,
loss of flood storage areas due to development and aggregation of
the river or stream bed.
(ff)
FRONT LOT LINE
The lot line of a parcel abutting a public right of way.
In the case of a corner lot, the front lot line shall be the shorter
lot line.
(gg)
FRONT SETBACK
A line established on a parcel of land for the purpose of
identifying the nearest point a principal or accessory structure may
be placed to a lot line or right-of-way line. The minimum required
horizontal distance between the front property line and the nearest
foundation wall of a principal or accessory building, excluding overhangs,
uncovered steps and stoops, gutters and awnings. Where the street
line is an arc, the setback shall be measured from the arc.
(hh)
FRONT YARD
A regulated area on a developed parcel of land that extends
the full length of the parcel along the front lot line.
(ii)
FRONTAGE
The dimension of a lot abutting a public street measured
along the street right-of-way line. For lots abutting a lake or stream,
the dimension measured along the shoreline.
(jj)
FUEL SALES
Any building, land area, or other premises, or portion thereof,
used or intended to be used for the retail dispensing and sales of
fuel for passenger vehicles.
(kk)
FUELING PLAZA
Any building, land area, or other premises, or portion thereof,
used or intended to be used for the retail dispensing and sales of
fuel for passenger and commercial vehicles.
(ll)
FUN CENTER
See "family entertainment center."
(mm)
FUNERAL HOME
A building used for the preparation of the deceased for burial
and display of the deceased and rituals connected therewith before
burial or cremation. A funeral home, as defined for purposes of this
Code, includes a funeral chapel.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
GARAGE SALE
See "rummage sale."
(b)
GARAGE, PRIVATE
An accessory building primarily intended for and used for
storage of the resident upon the premises or landowner.
(c)
GARAGE, PUBLIC OR COMMERCIAL
A structure, or portion thereof, other than a private garage,
used primarily for the parking and storage of motor vehicles and available
to the general public. A public garage may or may not charge a fee
for such use.
(d)
GARAGE, REPAIR
See "autobody or automotive mechanical repair."
(e)
GENERAL RETAIL
Any establishment whose primary activity is the provision of products, as opposed to assistance, to individuals. Any retail use otherwise listed in § 17.0304 or defined herein shall not be considered a general retail use.
(f)
GENERAL SERVICE
Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals. General service may include, but not be limited to, hair salons, barbers, spas, dry-cleaners, laundromats, tailors/clothing alteration and repair establishments, cobblers, travel agencies, real estate agencies, and similar. Any service use otherwise listed in § 17.0304 or defined herein shall not be considered a general service use.
[Amended 11-1-2022 by Ord. No. 3056]
(g)
GOLF COURSE
A tract of land laid out with at least nine holes for playing
a game of golf and improved with tees, greens, fairways, and hazards.
(h)
GOLF COURSE, MINIATURE
A novelty version of golf played with a putter and a golf
ball on a miniature course, typically with artificial playing surfaces,
and including obstacles such as bridges and tunnels.
(i)
GOVERNMENTAL USE
A facility owned, operated, or occupied by a governmental
agency to provide a governmental service to the public.
(j)
GREEN SPACE
An area with a dimension of not less than six feet in any
direction that refers to natural or man-made bodies of water or areas
of vegetation on a lot or parcel, including grass, trees, shrubs,
flower beds, bioretention, wetlands, streams, ponds, and lakes.
(k)
GROCERY STORE
A retail establishment of at least 25,000 square feet in
area, where food products and related household products are sold.
(l)
GROUP DAY-CARE CENTER
An establishment providing care and supervision for four
or more persons under the age of seven and licensed by the State of
Wisconsin pursuant to § 48.65 of the Wisconsin Statutes.
(m)
GROUP HOME
Any facility operated by a person required to be licensed
by the State of Wisconsin pursuant to § 48.62 of the Wisconsin
Statutes for the care and maintenance of five to eight children.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
HABITABLE STRUCTURE
Any structure or portion thereof used or designed for human
habitation.
(b)
HARD PAVED SURFACE
An area covered wholly by bituminous asphalt or Portland
cement concrete.
(c)
HEALTH, ATHLETIC, OR RECREATION FACILITY
A building or portion of a building designed and equipped
for the conduct of sports, exercise, leisure time activities, or other
customary and usual recreational activities, operated for profit or
not-for-profit and which can be open only to bona fide members and
guests of the organization or open to the public for a fee.
(d)
HEARING NOTICE
Publication or posting meeting the requirements of Ch. 985,
Stats. and this chapter.
(e)
HEIGHT OF TOWER
The vertical distance measured in feet from the average existing
level of the ground surrounding the tower and within 10 feet thereof
to the topmost point of the tower including any antenna or other appurtenances.
The existing elevation shall mean the actual or approved elevations
of the property at the time of application.
(f)
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
(g)
HIGH FLOOD DAMAGE POTENTIAL
Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure
or building and its contents.
(h)
HISTORIC STRUCTURE
Any structure that is either: a) listed individually in the
National Register of Historic Places or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register, b) certified or preliminarily determined
by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district,
c) individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved
by the Secretary of the Interior, or d) individually listed on a local
inventory of historic places in communities with historic preservation
programs that have been certified either by an approved state program,
as determined by the Secretary of the Interior; or by the Secretary
of the Interior in states without approved programs.
(i)
HOME OCCUPATION
Any occupation for financial gain or support conducted entirely
within the premises by resident occupants, which is customarily incidental
to the principal use of the premises. Home occupation shall not include
the performance of a regular job function remotely from the place
of the employer's physical location.
(j)
HOSPITAL
An institution providing health, medical and surgical facilities,
for diagnostic, mental, and medical treatment (both surgical and nonsurgical)
to inpatients with any of a wide variety of medical conditions. These
establishments maintain inpatient beds, provide patients with food
services and an organized staff of physicians and other medical personnel
to provide patient care services. These establishments commonly provide
other services, such as outpatient, diagnostic, clinical laboratory,
and pharmacy services.
(k)
HOTEL
An establishment that provides lodging for periods of less
than one week to the public in rooms accessed from a common lobby.
Hotels shall contain the following amenities; indoor pools, fitness
centers, breakfast/pantry/market areas, outdoor patio seating, twenty-four-hour
on-premises staff, and available daily housekeeping. Self-service
guest laundry facilities shall be prohibited. Hotels do not include
a dwelling unit that serves as the owner or renter's primary residence
but is leased or rented for short-term lodging, such as vacation rentals
or homestays, via web-based home or room sharing services such as
AirBNB, VRBO, and HomeAway.
(l)
HOTEL, EXTENDED STAY
A hotel as defined in this chapter in which lodging is provided
to the public for one week or more.
(m)
HOUSING FOR THE ELDERLY
A dwelling unit or units designed and constructed to be occupied
by elderly persons and their spouses. An elderly person is a person
who is 62 years of age or older on the date such person intends to
occupy the premises.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
INCREASE IN REGIONAL FLOOD HEIGHT
A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 of a foot, based on a comparison of
existing conditions and proposed conditions which is directly attributable
to development in the floodplain but not attributable to manipulation
of mathematical variables such as roughness factors, expansion and
contraction coefficients and discharge.
(b)
INCUBATOR (ALTERNATE DEFINITION)
A space, building, or facility dedicated for providing technical,
financial, managerial, technological, legal, and other support or
assistance to start-up and/or growing businesses.
(c)
INDOOR AMUSEMENT PARK
See "family entertainment center."
[Added 11-1-2022 by Ord. No. 3056]
(d)
INDOOR COMMERCIAL RECREATION FACILITIES
A commercial use, with or without seating for spectators,
conducted entirely within a building for recreational activities,
including, but not limited to, playgrounds, miniature golf courses,
driving ranges, batting cages, gymnasiums, tennis courts, volleyball
courts, basketball courts, trampoline parks, swimming pools, billiard
or pool halls.
[Amended 11-1-2022 by Ord. No. 3056]
(e)
INSPECTION UNIT
The building inspection unit.
[Amended 11-1-2022 by Ord. No. 3056]
(f)
INSTALLATION
The attachment or assembly, whether or not connected to a
power source, of any outdoor light fixture affixed to the ground,
a building, a pole or any other supporting structure or device.
[Amended 11-1-2022 by Ord. No. 3056]
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
JUNK OR SALVAGE YARD
An area consisting of buildings, structures, or premises
where junk, waste, and discarded or salvaged materials are bought,
sold, exchanged, stored, baled, packed, disassembled, or handled,
including automobile wrecking yards and house wrecking and structural
steel materials and equipment yards, but not including the purchase
or storage of used furniture and household equipment or used cars
in operable condition.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
KENNEL
Any structure or premises in which animals are kept, boarded,
bred, or trained for commercial gain.
(b)
KENNEL, PRIVATE
A place where no more than two dogs are housed for personal
use.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
LABORATORY
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
(b)
LAND USE
Any nonstructural use made of unimproved or improved real
estate. (Also see "development.")
(c)
LEGAL NONCONFORMING STRUCTURE
A building or structure lawfully existing at the time of
adoption of the Zoning Ordinance which houses a use which is permitted
in the district, but does not comply with all the applicable area,
height, yard, and/or parking requirements of the district in which
it is located.
(d)
LEGAL NONCONFORMING USE
Any use of land, or land and buildings in combination, lawfully
existing at the time of adoption of the Zoning Ordinance, which does
not comply with the use regulations for the district in which it is
located.
(e)
LIGHT TRESPASS
Stray light or spill light flowing onto adjacent property
or into the street.
(f)
LIGHTING, BOLLARD
A light fixture installed on or in short posts typically
set at intervals to delimit an area or to exclude vehicles.
(g)
LIGHTING, GARDEN
A light fixture installed in or near a landscaped area, typically
including lanterns, sconces, and globes, used to highlight landscaping
features.
(h)
LIGHTING, OUTLINE
A lighting fixture or an arrangement of lighting fixtures,
typically LED strip lights, that frame windows and other architectural
features.
(i)
LIGHTING, PATHWAY
A light fixture installed along a pedestrian pathway, typically
including lanterns, sconces, and globes, used to highlight the pathway.
(j)
LIGHTING, PILLAR
A light fixture installed on or in short posts typically
set to demarcate property entrances and to improve pedestrian safety.
(k)
LIGHTING, SOURCE
Any lamp or manufactured device emitting energy that is capable
of exciting the retina and producing a visual sensation. The energy
emitted falls within the electromagnet spectrum to a length of between
380 and 770 nanometers. Such devices shall include, but are not limited
to incandescent, fluorescent, carbon arc, quartziodine/tungsten halogen,
low-pressure sodium, high-pressure sodium, metal halide and mercury
vapor lamps.
(l)
LIGHTING, WASH
A light fixture that bathes an area with light and has soft
edges on the beam.
(m)
LIGHTING, WELL
A light fixture that is installed in the ground to provide
up-lighting, typically to highlight architectural features, landscaping
elements, and flagpoles.
(n)
LIVING AREA
The total area bounded by the exterior walls of a building
at the floor levels, but not including basement, garages, porches,
breezeways, and unfinished attics.
(o)
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. A designated parcel, tract or area of land established
by plat, subdivision, or as otherwise permitted by law, to be used,
developed, or built upon.
(p)
LOT AREA
The total area within the lot lines of a lot not including
wetlands or floodplains identified on FIRM maps unless a DNR permit
for wetland fill has been obtained or a letter of map revision based
on fill (LOMR-F) has been issued.
(q)
LOT COVERAGE
That portion of the lot that is covered by buildings, structures,
and paved surfaces. This is often expressed as a percentage of the
lot. Only the ground floor of each building is used in making the
lot coverage calculation.
(r)
LOT WIDTH
The horizontal distance between side lot lines of a lot measured
at right angles to its depth along a straight line and parallel to
the front lot line, or its chord if on a curve. Lot widths may vary
in width, especially on cul-de-sac lots and lots on curved streets,
from the front of the lot to the back of the lot. A lot is not considered
buildable unless the minimum lot width required for the district in
which the lot is located is maintained at the front setback line and
for a distance of 30 feet immediately behind the front setback line.
(s)
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°.
(t)
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.
(u)
LOT, INTERIOR
A lot abutting a single street, and which is bounded by adjacent
lots along its side and rear lot lines.
(v)
LOWEST ADJACENT GRADE
Elevation of the lowest ground surface that touches any of
the exterior walls of a building.
(w)
LOWEST FLOOR
For floodplain purposes, the lowest floor of the lowest enclosed
area (including basement).
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
MAINTENANCE
For floodplain management purposes, the act or process of
ordinary upkeep and repairs, including redecorating, refinishing,
nonstructural repairs, or the replacement of existing fixtures, systems
or equipment with equivalent fixtures, systems or structures.
(b)
MANUFACTURED DWELLING
Any structure or component thereof which is intended for
use as a dwelling and 1) is of closed construction and fabricated
or assembled on site or off site in manufacturing facilities for installation,
connection or assembly and installation on the building site; or 2)
is a building of open construction which is made or assembled in manufacturing
facilities away from the building site for installation, connection,
or assembly and installation on the building site and for which certification
is sought by the manufacturer pursuant to the Wisconsin Uniform Dwelling
Code. A single or double width manufactured (mobile) home is not considered
a manufactured dwelling.
(c)
MANUFACTURED HOME
A structure transportable in one or more sections, which
is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
The term "manufactured home" includes a mobile home but does not include
a "mobile recreational vehicle."
(d)
MANUFACTURING
Activities involving the mechanical or chemical transformation
of materials or substances into new products.
(e)
MANUFACTURING, ARTISAN
The application, teaching, making, and/or fabrication of
crafts or products by an artist, artisan, or craft person and is often
limited to light manufacturing uses, such as small-scale fabrication,
small-batch bakeries, or micro-distilleries. These uses often include
accessory retail space as well as live-work units.
(f)
MANUFACTURING, HEAVY
The manufacturing, predominately from materials prepared
on site, of products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental
storage, sales, and distribution of such products, inclusive of basic
industrial processing and custom manufacturing, but excluding concrete
crushing and animal slaughter/processing. Manufacturing activities
are primarily contained within a building and noise, odor, smoke,
heat, glare, and vibration resulting from the manufacturing activity
are confined entirely on site or mitigated.
[Amended 11-1-2022 by Ord. No. 3056]
(g)
MANUFACTURING, LIGHT
The manufacturing, predominately from previously prepared
materials, of finished products or parts, including processing, fabrication,
assembly, treatment, and packaging of such products, and incidental
storage, sales, and distribution of such products, provided all manufacturing
activities are contained entirely within a building and noise, odor,
smoke, heat, glare, and vibration resulting from the manufacturing
activity are confined entirely within the building. Excludes basic
industrial and animal processing, custom manufacturing, and concrete
crushing.
[Amended 11-1-2022 by Ord. No. 3056]
(h)
MARINA
Waterfront establishments whose business is offering the
sale or rental of boats and marine sporting equipment and the servicing,
repair, or storage of same. Such establishments may also provide travel
lift services, slip rental, gasoline, sanitary pump out service and
food, drink and transient lodging accommodations.
(i)
MARQUEE
A roof-like structure of a permanent nature which projects
from the wall of a building and may overhang the street right-of-way.
A marquee may also be called a canopy or an awning.
(j)
MEDICAL DIAGNOSTIC FACILITY/LABORATORY
A facility that provides diagnostic services or tests to
a patient in order to obtain information to aid in the assessment
of a medical condition, the identification of a disease, or to determine
the nature and severity of an injury. Services or tests may include,
but not be limited to: x-rays, blood tests, urine tests, radiographs,
clinical examinations, biopsies, and similar. Excludes laboratories
for experimental or animal research, pharmaceutical manufacturing,
or similar uses.
[Added 4-3-2023 by Ord. No. 3065]
(k)
MICROBREWERY
A small facility that brews ales, beers, meads, and/or similar
beverages primarily for consumption on premise and may include a standard
restaurant, bar, or tasting room allowing customers to sample products
produced on-site. Also known as a craft brewery.
(l)
MOBILE/MANUFACTURED HOME PARK
A parcel (or contiguous parcels) of land which has been developed
for the placement of mobile homes and is owned by an individual, firm,
trust, partnership, public or private association, or corporation.
Individual lots within a mobile home park are rented to individual
mobile home users.
(m)
MOBILE HOME
A vehicle designed to be towed as a single unit or in sections
upon a highway by a motor vehicle and equipped and used, or intended
to be used, primarily for human habitation, with walls of rigid un-collapsible
construction. A mobile home exceeding statutory size limits under
§ 348.07(2) of the Wisconsin Statutes shall be considered
a primary housing unit. A mobile home not exceeding the statutory
size under § 348.07(2) shall be considered a touring or
recreational vehicle. [Source: § 340.01(29), Wis. Stats.]
(n)
MOBILE RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel
or seasonal use. Manufactured homes that are towed or carried onto
a parcel of land, but do not remain capable of being towed or carried,
including park model homes, do not fall within the definition of "mobile
recreational vehicles."
(o)
MODEL, CORRECTED EFFECTIVE
A hydraulic engineering model that corrects any errors that
occur in the duplicate effective model, adds any additional cross
sections to the duplicate effective model, or incorporates more detailed
topographic information than that used in the current effective model.
(p)
MODEL, DUPLICATE EFFECTIVE
A copy of the hydraulic analysis used in the effective FIS
and referred to as the effective model.
(q)
MODEL, EFFECTIVE
The hydraulic engineering model that was used to produce
the current effective Flood Insurance Study.
(r)
MODEL, EXISTING (PRE-PROJECT)
A modification of the duplicate effective model or corrected
effective model to reflect any man-made modifications that have occurred
within the floodplain since the date of the effective model but prior
to the construction of the project for which the revision is being
requested. If no modification has occurred since the date of the effective
model, then this model would be identical to the corrected effective
model or duplicate effective model.
(s)
MODEL, REVISED (POST-PROJECT)
A modification of the existing or pre-project conditions
model, duplicate effective model or corrected effective model to reflect
revised or post-project conditions.
(t)
MODIFICATION
A departure from the rules and regulations set forth in this
chapter where a particular use is not required to meet the stated
requirements of the chapter. Examples would include not requiring
steeples and antenna to comply with the stated building height requirements
for principal buildings; or not requiring roof overhangs, fences,
or accessory buildings to comply with side or rear setback requirements
for principal buildings. The chapter may limit the amount of modification
from the stated requirements for given structures or uses.
(u)
MOTEL
An establishment that provides lodging to the public in rooms
accessed from an outdoor gangway or parking lot. This does not include
a dwelling unit that serves as the owner or renter's primary residence
but is leased or rented for short-term lodging, such as vacation rentals
or homestays, via web-based home or room sharing services such as
AirBNB, VRBO, and HomeAway.
(v)
MOTOR FREIGHT TERMINAL
A building or area in which freight brought by motor truck
is assembled or stored for routing in intrastate or interstate shipment
by motor truck.
(w)
MOTOR HOME
A vehicle designed to be operated upon a highway or as a
temporary or recreational dwelling and having the same internal characteristics
and equipment as a mobile home.
(x)
MULTITENANT SHOPPING CENTER
A group of retail and other commercial establishments that
is planned, owned, and managed as a single development.
(y)
MUNICIPALITY OR MUNICIPAL
The county, city or village governmental units enacting,
administering and enforcing this zoning ordinance.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
NAVD OR NORTH AMERICAN VERTICAL DATUM
Elevations referenced to mean sea level datum, 1988 adjustment.
(b)
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.
(c)
NEIGHBORHOOD RETAIL
A general retail establishment with no more than 2,500 square
feet of gross floor area.
(d)
NEIGHBORHOOD SERVICE
A general service establishment with no more than 2,500 square
feet of gross floor area.
(e)
NET ACREAGE
See "lot area."
(f)
NEW CONSTRUCTION
For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of floodplain zoning regulations adopted by this
community and includes any subsequent improvements to such structures.
For the purpose of determining flood insurance rates, it includes
any structures for which the "start of construction" commenced on
or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements
to such structures.
(g)
NGVD OR NATIONAL GEODETIC VERTICAL DATUM
Elevations referenced to mean sea level datum, 1929 adjustment.
(h)
NONCONFORMING STRUCTURE
An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this
chapter. (For example, an existing residential structure in the floodfringe
district is a conforming use. However, if the lowest floor is lower
than the flood protection elevation, the structure is nonconforming.)
(i)
NONCONFORMING USE
An existing lawful use of a structure or building which is
not in conformity with the provisions of this chapter for the area
of the floodplain which it occupies. (Such as a residence in the floodway.)
(j)
NON-FLOOD DISASTER
A fire or an ice storm, tornado, windstorm, mudslide or other
destructive act of nature, but excludes a flood.
(k)
NON-SHIELDED OR NON-CUTOFF LIGHTING FIXTURES
All types of outdoor lighting fixtures other than shielded
or cutoff lighting fixtures and includes any lighting fixture that
employs an adjustable bracket, refractorizing glassware or lenses,
non-shielding lamp or light source and distributes light at any angle
less than 4° above horizontal.
(l)
NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering, or the showing
of the female breast with less than a fully opaqued covering of any
portion thereof below the top of the areola, or the human male genitals
in a discernible turgid state even if completely or opaquely covered.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
OBSTRUCTION TO FLOW
Any development which blocks the conveyance of floodwaters
such that this development alone or together with any future development
will cause an increase in regional flood height.
(b)
OFFICE, GENERAL
A building or portion of a building wherein professional
services are performed involving predominantly administrative, professional,
or clerical services.
(c)
OFFICE, MEDICAL OR DENTAL
An office for health care providers including but not limited
to, dentists, physicians, counselors, and surgeons.
(d)
OFFICIAL FLOODPLAIN ZONING MAP
The map, adopted and made part of this chapter which has
been approved by the Department and FEMA.
(e)
OPEN PARKING FACILITIES
A parking facility without an overhead covering and shall
include the roof level of a multilevel parking structure or ramp.
(f)
OPEN SPACE, USABLE
Outdoor or unenclosed area on the ground, or on a roof, balcony,
deck, porch, or terrace designed and accessible for outdoor living,
recreation, pedestrian access, or landscaping, including wetlands
or ponds, but excluding parking facilities, driveways, utility or
service areas, or any required front or street side yard, and excluding
any space with a dimension of less than six feet in any direction.
(g)
OPEN SPACE USE
Those uses having a relatively low flood damage potential,
such as agriculture, recreation, parking or storage yards and not
involving structures.
(h)
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 characteristic.
(i)
OUTDOOR ACTIVITY/OPERATION, TEMPORARY
The use of a zoning lot for outdoor use for less than three
continuous months, such as a lot used for the seasonal sale of pumpkins
and gourds or Christmas trees.
(j)
OUTDOOR CANOPY
A freestanding roof structure without side walls which may
or may not be attached to the roof of an adjacent building and shall
include but not be limited to canopies over gas stations or canopies
at convenience stores.
(k)
OUTDOOR LIGHTING FIXTURES
Lighting sources, which are electrically powered illuminating
devices, lighted or reflective surface lamps and similar devices permanently
installed or portable used for illumination or for advertisement.
Such device shall include, but not be limited to searchlights, spotlights,
floodlights, streetlights, sign lights, security lights, wall lights,
porch lights, area lights, parking lights and sign panels.
(l)
OUTDOOR MERCHANDISING
Car sales lots, equipment sales lot, retail gasoline stations,
garden centers and other similar areas where products are permanently
displayed or dispensed outdoors.
(m)
OUTLOT RETAIL BUILDING
An area located within a multitenant shopping center as defined
in this chapter that shares a common parking lot with the other buildings
and establishments within said multitenant shopping center, but which
is separated from the principal building and establishment by a parking
area.
(n)
OUTDOOR STORAGE, TEMPORARY
The outside storage or display of materials, supplies, goods
or manufactured products, equipment, machinery, vehicles, and pallets
for more than a twenty-four hour period but for a continuous period
of less than three months.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
PARKING LOT
An off-street, ground level area, usually surfaced and improved,
for the temporary storage of motor vehicles. Parking lots include
rows of parking spaces, the aisles from which motor vehicles enter
and leave the spaces. Ingress and egress drives from the parking lot
to the public street are not part of the parking lot.
(b)
PERFORMANCE STANDARD
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, glare or heat, and
lighting intensity or spill-over generated by or inherent in uses
of land and buildings.
(c)
PERSON
Any individual, tenant, lessee, owner operator, or any public,
private, nonprofit or commercial entity including, but not limited
to, a firm, business, partnership, joint venture, association, corporation,
municipality, agency or governmental agency.
(d)
PLACE OF ASSEMBLY
A building or outdoor area wherein individuals or groups
of people gather for an attraction or service, such as but not limited
to, community centers, fraternal or civic organizations, lodges, libraries,
museums, municipal buildings, auditoriums, or religious institutions.
(f)
PLANT NURSERY/GREENHOUSE
A retail business whose principal activity is the selling
of plants grown on the site.
(g)
PORTABLE STORAGE STRUCTURE
A structure to be used, or intended to be used, for private
noncommercial, nonindustrial storage by a residential property owner
on a temporary basis.
(h)
PREMISES
A lot, parcel, tract or plot of land together with the buildings
and structures thereon.
(i)
PRINCIPAL USE
See "use, principal."
(j)
PRIVATE EMERGENCY SERVICE
A private business that provides transport services for hospitals,
senior housing, homecare services, and similar.
(k)
PRIVATE SEWAGE SYSTEM
A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel
as the structure. It also means an alternative sewage system approved
by the Department of Safety and Professional Services, 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.
(l)
PUBLIC UTILITIES
Those utilities using underground or overhead transmission
lines such as electric, telephone and telegraph, and distribution
and collection systems such as water, sanitary sewer and storm sewer.
(Reserved)
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
REAR SETBACK
A line established on a parcel of land for the purpose of
identifying the nearest point a principal or accessory structure may
be placed to a lot line or right-of-way line. The minimum required
horizontal distance between the rear internal lot line and a line
parallel thereto through the nearest foundation wall of the principal
or accessory structure, excluding overhangs, uncovered steps and stoops,
gutters and awnings.
(b)
REAR YARD
A regulated area on a developed parcel of land. The yard
area bounded by the rear lot line, the side lot lines and the rear
foundation wall of the principal structure, excluding overhangs, uncovered
steps and stoops, gutters, and awnings.
(c)
REASONABLY SAFE FROM FLOODING
Base floodwaters will not inundate the land or damage structures
to be removed from the special flood hazard area and that any subsurface
waters related to the base flood will not damage existing or proposed
buildings.
(d)
REGIONAL FLOOD
A flood determined to be representative of large floods known
to have occurred in Wisconsin. A regional flood is a flood with a
1% chance of being equaled or exceeded in any given year, and if depicted
on the FIRM, the RFE is equivalent to the BFE.
(e)
RELIGIOUS INSTITUTIONS
A place of worship or religious assembly including churches,
synagogues, mosques, temples, and similar designations, with related
facilities such as offices for administration of the institution,
fellowship halls, parish halls, and similar buildings used for meetings,
religious education, and similar functions, but excluding licensed
child or adult daycares, playgrounds, or cemeteries.
(f)
RESEARCH AND DEVELOPMENT FACILITIES
The conduct of research and development, testing, assembly,
repair, and controlled production of nontoxic products or commodities
in various fields of science, such as, but not limited to: chemistry,
biotechnology, pharmaceuticals, medical instrumentation or supplies,
communications and information technology, electronics and instrumentation,
computer hardware and software, transportation, education, and engineering.
Facilities in this use category do not involve the mass manufacture,
mass fabrication, mass processing, or mass sale of products. Excludes
the use of animal husbandry (including all animals), human testing,
and heavy equipment (such as construction equipment) use in said research,
development, testing, assembly, repair, and controlled production.
[Added 5-16-2023 by Ord. No. 3073]
(g)
RESIDENTIAL SITE
A single parcel in a residential zone containing a residential
structure with one or more dwelling units with parking areas for one
or more cars.
(h)
RESTAURANT, DELIVERY/CARRY OUT ONLY
An establishment which by design of physical facilities or
by service or packaging procedures permits or encourages the purchase
of prepared, ready-to-eat foods intended to be consumed off the premises.
(i)
RESTAURANT, FAST CASUAL
An establishment whose principal business is the sale of
rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building or off
premises.
(j)
RESTAURANT, SIT DOWN
An establishment whose food is available to the general public
primarily for consumption within a structure on the premises, where
at least 50% of the gross floor area of the establishment is devoted
to patron seating.
(k)
RIGHT-OF-WAY
A strip of land acquired by a public entity and intended
to accommodate a specific public purpose or use.
(l)
ROADSIDE STAND
An accessory structure for the seasonal retail sale of food
products grown or produced on site.
(m)
RUMMAGE SALE
The occasional sale of personal property at a residence conducted
by one or more families in a neighborhood. Rummage sales are also
known as "garage sales." Flea markets, defined elsewhere in this section,
are not rummage sales.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
SCHOOL
A public, private, or parochial educational institution,
including instructional and recreational uses, with or without other
incidental facilities for students, teachers and employees, providing
educational or instructional services to students in preschool through
grade 12.
(b)
SEAT AND SEATING
Furniture upon which to sit having a linear measurement not
less than 24 inches across the surface used for sitting.
(c)
SEASONAL SALES
Temporary sales, which typically recur on an annual basis,
such as holiday trees, pumpkins, and similar.
(d)
SELF-SERVICE LAUNDRY
A business that provides self-service type washing, drying,
and ironing facilities.
(e)
SELF-SERVICE STORAGE/MINI-WAREHOUSE
A facility consisting of a building or a group of buildings
where individual units are leased or rented to the general public
for dead storage. The use of the premises shall be limited to storage
only, and shall not be used for any auction (except where required
by law), sales (except as provided below), or any other commercial
or industrial activity; for the assembly, fabrication, processing,
servicing, or repair of any vehicle, boat, trailer, appliance, or
similar item; for practice (music) rooms, meeting rooms, residential
purposes, or kennels; or for the operation of power tools, compressors,
kilns, spray painting equipment, table saws, lathes, welding equipment,
or other similar equipment. Limited sales to tenants of products and
supplies incidental to the principal use (e.g., packing materials,
identification labels, rope, locks, tape, etc.) may be allowed within
the retail/leasing office as approved by the Plan Commission. The
storage of combustible or flammable liquids, combustible or explosive
materials, salvage or toxic/hazardous materials are expressly prohibited.
(f)
SENIOR HOUSING, ASSISTED LIVING
An apartment/condominium facility intended for the elderly
including assisted living facilities, congregate housing facilities,
continuing care communities, independent living communities, or similar.
(g)
SENIOR HOUSING, NURSING CARE
An apartment/condominium facility intended for the elderly
including continuing care communities, convalescent homes, hospice
care facilities, memory care facilities, nursing homes, or similar.
(h)
SENIOR HOUSING, TOTAL LIFE CARE
An apartment/condominium facility intended for the elderly
including both assisted living and nursing care services.
(i)
SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used or intended to be used for the sale and installation of lubricants,
tires, batteries, and similar accessories. Contemporary service stations
may specialize in a singular service such as providing fast oil changes.
(j)
SETBACK
The minimum required horizontal distance between an internal
lot line or the street right-of-way and the regulated structure or
item. (See also "front setback," "side setback," and "rear setback.")
(k)
SEVEN-COUNTY SOUTHEASTERN WISCONSIN REGION
The region of Wisconsin comprised of Kenosha, Milwaukee,
Ozaukee, Racine, Walworth, Washington, and Waukesha counties.
(l)
SEXUAL CONDUCT
Acts or simulated acts of masturbation, homosexuality, sexual
intercourse, or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks, or, if such person is a female, breasts.
(m)
SHIELDED OR CUTOFF LIGHTING FIXTURES
Outdoor lighting fixtures that utilize flat, clear lenses
with no refactorizing elements, and which operates in a horizontal
position with nonadjustable elements which operate in a horizontal
position with nonadjustable mounting hardware or brackets. Such fixtures
distribute light by means of an internal reflector only. The light
source is totally concealed by fixture housing of an internal reflector
only. The light source is totally concealed by the fixture housing
when the position of observation is at an angle less than 15°
above horizontal. No light is permitted at an angle less than 4°
above horizontal.
(n)
SHOOTING RANGE
Any building or premises where there are facilities of any
sort for the firing of handguns, rifles, or other firearms.
(o)
SHORELANDS
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
a) such lands are not adjacent to a navigable stream or river; b)
those parts of such drainage ditches adjacent to such lands were nonnavigable
streams before ditching or had no previous stream history; and c)
such lands are maintained in nonstructural agricultural use.
(p)
SIDE SETBACK
A line established on a parcel of land for the purpose of
identifying the nearest point a principal or accessory structure may
be placed to a lot line or right-of-way line. The minimum required
horizontal distance between the side internal lot line and a line
parallel thereto through the nearest foundation wall of the principal
or accessory structure, excluding overhangs, uncovered steps and stoops,
gutters, and awnings.
(q)
SIDE YARD
A regulated area on a developed parcel of land. The yard
area bounded by the side lot line, the side foundation wall of the
principal structure, excluding uncovered steps and stoops, gutters
and awnings, the front yard and the rear yard.
(r)
SIGN
Any object, device, display, structure, or part thereof,
situated outdoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event, or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, illumination,
or projected images. Signs do not include the flag or emblem of any
nation, organization of nations, state, city, religious, fraternal,
or civic organization; also merchandise and pictures or models of
products or services incorporated in a window display, works of art
which in no way identify a product, or scoreboards located on athletic
fields. Traffic control and other public agency signs located within
a right-of-way are not included within this definition and are not
regulated by the provisions of this chapter.
(u)
SIGN, ABANDONED
Any sign which has been discontinued for a period of 12 consecutive
months which sign advertises or identifies an activity that has been
discontinued for 12 consecutive months shall be considered abandoned.
(v)
SIGN, AWNING OR CANOPY
A sign that is mounted, painted or attached to an awning
or other window or door canopy or otherwise to the side of the building.
Any projecting canvas or other material over a structural framework
used for a small amount of shelter or shade on a facade that has signage
displayed on the visible surface. Such signs are counted as a projecting
sign.
(w)
SIGN, BANNER
A temporary advertising sign which is not attached to a permanently
mounted backing. Banner signs may be ground-mounted or wall-mounted.
(x)
SIGN, BILLBOARD
Any sign advertising a land use, business, product or service,
not located or available upon the premises whereon the sign is located.
These signs are distinguished from other off-premise signs by their
larger than otherwise permitted size and typical location along State
Highways and major arterial roadways. Additionally, billboards are
often erected to attract attention to land uses, businesses, products,
and/or services that may be utilized by motorists unfamiliar with
area-wide land uses, businesses, products and/or services, such as
tourists and out-of-state visitors.
(y)
SIGN, BOX
A sign which includes a frame or box-like external structure
which encloses the functional elements of the sign, including internal
illumination, where the sign content is affixed on a face or panel.
(z)
SIGN, FEATHER
A flexible or rigid pole to which one side of a flexible
fabric, generally in the shape of a feather or similar shape, is attached,
and which upon which temporary sign copy is displayed. Such banners
are also known and sold under names which include, but are not limited
to, "quill sign," "banana banner," "blade banner," "flutter banner,"
"flutter flag," "bowflag," "teardrop banners," and others. The definition
includes functionally similar display devices.
(aa)
SIGN, MESSAGE
The thought or idea conveyed or expressed by the words, letters,
insignia, figures, designs, fixtures, colors, motion, illumination,
sound or projecting images or any combination thereof.
(bb)
SIGN, MOBILE OR PORTABLE
A sign mounted on a frame or chassis designed to be easily
relocated, including vehicles and/or trailers whose principal commercial
use is for signage.
(cc)
SIGN, MONUMENT
A freestanding sign, other than a pylon sign, in which the
entire bottom is in contact with or close to the ground.
(dd)
SIGN, ON-SITE TRAFFIC DIRECTIONAL
A sign on a lot that directs the movement or placement of
pedestrian or vehicular traffic with or without reference to, or inclusion
of, the name of a product sold or service performed on the lot or
in a building, structure or business enterprise occupying the same.
(ee)
SIGN, PROJECTING
A sign, other than a wall sign which is attached to and projects
more than one foot generally perpendicular from a structure or building
face.
(ff)
SIGN, PYLON/POLE
A sign that is mounted on a freestanding pole or other supports
so that the bottom edge of the sign face is eight feet or more above
grade.
(gg)
SIGN, SIDEWALK
A type of portable sign that is intended to be placed on
a hard surface, most commonly a sidewalk. These signs include A-frame
signs, signs that are suspended from the top member of an A-frame,
signs with weighted bases, and comparable signs.
(hh)
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 the point of a building with a flat roof, the eave line of a
building with a gambrel, gable, or hip roof, or the deck line of a
building with a mansard roof.
(ii)
SIGN, TEMPORARY
A sign or advertising display intended to be displayed for
a certain period of time. Included in the definition of "temporary
signs" are retailers' signs temporarily displayed for the purpose
of informing the public of a "sale" or special offer. If a sign display
area is permanent but the message displayed is subject to periodic
changes, that sign shall not be considered as temporary. A mobile
or portable sign shall not be considered a temporary sign or used
for such a purpose.
(jj)
SIGN, WALL
A sign mounted parallel to a building facade or other vertical
building surface.
(kk)
SIGN, WINDOW
A sign which is applied or attached to the exterior of a
window, or applied to, attached to, or located within one foot of
the interior of a window, which can be seen through the window from
the exterior of the structure.
(ll)
SIGN, YARD
A temporary portable sign constructed of paper, vinyl, plastic,
wood, metal or other comparable material, and designed or intended
to be displayed for a short period of time.
(mm)
SOLAR ENERGY COLLECTION, FARM
A site on which the primary land use is an array of multiple
solar collectors on ground-mounted racks or poles that harvest and
convert solar energy into thermal, chemical or electrical energy and
transmit the same.
(nn)
SOLAR ENERGY COLLECTION SYSTEM
All equipment required to harvest solar energy to generate
electricity, including storage devices, power conditioning equipment,
transfer equipment, and parts related to the functioning of those
items.
(oo)
SOLAR ENERGY COLLECTION SYSTEM, CANOPY
A solar energy collection system consisting of elevated solar
panels installed above parking lots, carports and other paved areas.
(pp)
SOLAR ENERGY COLLECTION SYSTEM, GROUND-MOUNTED
A solar energy collection system and associated mounting
hardware that is affixed to or placed upon the ground including but
not limited to fixed, passive, or active tracking racking systems.
(qq)
SOLAR ENERGY COLLECTION SYSTEM, ROOF-MOUNTED
A solar energy collection system that is structurally mounted
to the roof of a building or other permitted structure, including
limited accessory equipment associated with system which may be ground-mounted.
It is installed parallel to the roof with a few inches gap.
(rr)
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals,
pubic regions, buttocks, anus, or female breast below a point immediately
above the top of areolae; or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
(ss)
SPECIFIED SEXUAL ACTIVITIES
a) The caressing, touching, fondling or other intentional
or erotic touching of male genitals, female genitals, pubic region,
buttocks, anus, or female breasts of oneself or of one person by another;
or b) sex acts, normal or perverted, actual or simulated, including
masturbation, intercourse, oral copulation, flagellation, sodomy,
bestiality, or any sexual acts which are prohibited by law; or c)
human genitals in a state of sexual stimulation, arousal or tumescence
or visual state of sexual stimulation, arousal or tumescence, even
if completely and opaquely covered.
(tt)
SPORT COURT
Any hardscape area, including, but not limited to, tennis
courts, basketball courts and racquetball courts, but excluding pools
and driveways used exclusively for access to a garage.
(uu)
START OF CONSTRUCTION
For floodplain management purposes, "start of construction"
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond
initial excavation, or the placement of a manufactured home on a foundation.
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 a basement,
footings, piers or foundations or 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 not part of the main structure. For an alteration, the actual start
of construction means the first alteration of any wall, ceiling, floor
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
(vv)
STREET
A public right-of-way not less than 50 feet wide providing
primary vehicular access to abutting properties.
(ww)
STREET SETBACK
A line established on a parcel of land for the purpose of
identifying the nearest point a principal or accessory structure may
be placed to a lot line or right-of-way line. The minimum required
horizontal distance between the right-of-way line of the second street
of a corner lot and a line parallel thereto through the nearest foundation
wall of the principal or accessory structure, excluding overhang,
uncovered steps and stoops, gutters and awnings.
(xx)
STREET YARD
A regulated area on a developed parcel of land. The yard
area bounded by the second street right-of-way of a corner lot, the
front yard, the foundation wall of the principal structure and the
lot line opposite the front lot line.
(yy)
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, or girders.
(zz)
STRUCTURE
Anything erected or constructed, such as buildings, prefabricated
or pre-built buildings, towers, masts, poles, booms, signs, bridges,
culverts and carports. Appurtenances constructed at or below grade
such as patios, driveways, or sidewalks are not considered to be structures.
For floodplain management purposes, any man-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, including,
but not limited to, roofed and walled buildings, gas or liquid storage
tanks, bridges, dams and culverts.
(aaa)
SUBDIVISION
Has the meaning given in § 236.02(12), Wis. Stats.
(bbb)
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed 50% of the equalized assessed value of the structure
before the damage occurred.
(ccc)
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or improvement
of a building or structure, the cost of which equals or exceeds 50%
of the equalized assessed value of the structure before the improvement
or repair is started. If the structure has sustained substantial damage,
any repairs are considered substantial improvement regardless of the
work performed. The term does not include either any project for the
improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and
that are the minimum necessary to assure safe living conditions; or
any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
(ddd)
SUSTAINED YIELD FORESTRY
Management of forested lands to provide annual or periodic
crops of forest products.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
TASTING ROOM
A facility operated by a brewery, microbrewery, winery or
distillery in which customers may sample, purchase and consume wine,
beer or spirits on the premises.
(b)
TATTOO STUDIOS
An establishment that offers or performs any method of placing
ink or other pigment into the skin or mucosa by the aid of needles
or any other instrument used to puncture the skin, resulting in permanent
coloration of the skin or mucosa.
(c)
TOWER
A structure that is intended to support equipment used to
receive and/or transmit electromagnetic waves. Design examples of
towers include a) self-supporting lattice; b) guyed and c) monopole.
(d)
TRUCK SALES AND SERVICE
See "commercial vehicle sales and service."
(e)
TURNING LANE
An existing or proposed connecting roadway between two arterial
streets or between an arterial street and any other street. Turning
lanes include grade separated interchange ramps.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
UNIFORMITY RATIO
The ratio between the average illumination and the minimum
illumination as determined by measurements taken on a four-foot grid
throughout the area to be lighted.
(b)
UNNECESSARY HARDSHIP
The circumstance where special conditions, which were 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. Unnecessary hardship is present only where, in the absence
of a variance, no feasible use can be made of the property.
(c)
USE
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
(d)
USE, PRINCIPAL
The main use of land, or land and buildings in combination,
as distinguished from a secondary or accessory building, including,
but not limited to, a house in a residential district, a store in
a business district, a factory in a manufacturing district, or crops
or farm buildings in an agricultural district. Within the zoning districts
in this chapter, the principal use is also referred to as the "permitted
use."
(e)
UTILITIES
Public and private facilities such as water wells, water
and sewage pumping stations, water storage tanks, power and communication
transmission lines, electrical power substations, static transformer
stations, telephone and telegraph exchanges, microwave radio relays,
and gas regulation stations, but not including sewage disposal plants,
municipal incinerators, municipal warehouses, municipal shops, and
municipal storage yards.
(f)
UTILITIES, MAJOR
Utilities, as defined herein, that have negative off-site
impacts associated with air quality, fire and explosive hazard, glare
and heat, water quality, radioactivity and electrical disturbances,
vibration, noise, or outdoor lighting.
(g)
UTILITIES, MINOR
Utilities, as defined herein, that have no negative off-site
impacts associated with air quality, fire and explosive hazard, glare
and heat, water quality, radioactivity and electrical disturbances,
vibration, noise, or outdoor lighting.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
VARIANCE
An authorization granted by the Zoning Board of Appeals to
construct or alter 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 this
chapter. No variance may be granted to allow any floor below the regional
flood elevation.
(b)
VEHICLE SALES AND RENTAL
The use of any building or portion thereof, or other premises
or portion thereof, for the display, sale, rental, or lease of new
motor vehicles, or used motor vehicles as an ancillary use of a zoning
lot, and any warranty repair work and other repair service conducted
as an accessory use.
(c)
VETERINARY CLINIC/ANIMAL HOSPITAL
An establishment for the care and treatment of the diseases
and injuries of animals and where animals may be boarded only during
their convalescence.
(d)
VIOLATION
The failure of a structure or other development to be fully
compliant with this chapter. A structure or other development without
required permits, lowest floor elevation documentation, floodproofing
certificates or required floodway encroachment calculations is presumed
to be in violation until such time as that documentation is provided.
(e)
VISION CLEARANCE TRIANGLE
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
(f)
VOCATIONAL/EMPLOYMENT TRAINING
An educational institution primarily engaged in offering
trade or technical training in a variety of technical subjects and
trades. The training often leads to job-specific certification and
may include the use of simulators and simulation methods.
As used in this chapter, the following terms shall have the
meanings indicated:
(a)
WAREHOUSE, DISTRIBUTION
A facility where goods are received and temporarily stored
for delivery to the ultimate customer at remote locations.
(b)
WAREHOUSE, STORAGE
A facility where goods are received and stored for extended
periods of time for delivery to the ultimate customer at remote locations.
(c)
WATERSHED
The entire region contributing runoff or surface water to
a watercourse or body of water.
(d)
WATER SURFACE PROFILE
A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river
or stream at a certain flood flow. A water surface profile of the
regional flood is used in regulating floodplain areas.
(e)
WELL
An excavation opening in the ground made by digging, boring,
drilling, driving or other methods, to obtain groundwater regardless
of its intended use.
(f)
WETLAND
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
(g)
WHOLESALE
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional, or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies. This
is not considered a general retail use.
(h)
WINERY
An agricultural processing facility used for: 1) the fermenting
and processing of fruit juice into wine; or 2) the refermenting of
still wine into sparkling wine.
(i)
WIRELESS TELECOMMUNICATION SERVICES
Licensed wireless telecommunication services including, but
not necessarily limited to, cellular, personal communication services
(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized
radio (ESMR), paging and similar services that are marketed to the
general public.
(j)
WIRELESS TELECOMMUNICATION SITE
A facility operated by a licensed wireless telecommunication
service provider, which consists of the equipment and structures involved
in receiving or transmitting electromagnetic waves associated with
wireless telecommunication services.
(Reserved)
As used in this chapter, the following terms shall have the
meanings indicated:
(Reserved)
