Unless specifically defined below, words and
phrases used in this chapter shall have the same meaning as they have
in common law to give this chapter its most reasonable application.
This section is intended to clarify word usage and not to establish
standards for this chapter. Words used in the present tense include
the future, the singular number includes the plural, and the plural
number includes the singular. The word "may" is permissive, and the
word "shall" is mandatory and not discretionary. For terms not found
in this section, other sources may be utilized to establish an applicable
definition. Certain words and phrases have different meaning when
used in different ordinances. Refer to specific ordinances for word
usage and definition.
ACCESS AREA, LOT
The access area that is part of a contiguous land area, generally
being a narrow strip of land that does not meet the minimum land area
width requirements, that provides access for a permitted activity.
ACCESSORY STRUCTURE
A subordinate structure, detached from the principal structure,
the use of which is incidental to, and customarily found in connection
with, the principal structure or use of the property.
[Amended 9-21-2021 by Ord. No. 30-2021]
ACCESSORY USE
A subordinate use, which is incidental to and customarily
in connection with the principal structure or use, and which is located
on the same property with such principal structure or use.
ACCESS SITE/LOT
A parcel of land that is contiguous to a body of water (lake,
river or stream) that provides a means of waterfront access for backlot
development.
ADDITION
An expansion horizontally and/or vertically.
ADULT BATHHOUSE
An establishment or business that provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
that is not operated by a medical practitioner or a professional physical
therapist licensed by the State of Wisconsin and which establishment
provides to its patrons an opportunity for engaging in specified sexual
activities, as defined herein.
ADULT BODY PAINTING STUDIO
An establishment or business wherein patrons are afforded
an opportunity to paint images on a body that is wholly or partially
nude. For purposes of this chapter, "adult body painting studio" shall
not be deemed to include a tattoo parlor.
ADULT BOOKSTORE
Means, but shall not be limited to, an establishment having
as a substantial or significant portion of its stock and trade in
books, magazines, and other periodicals that are distinguished or
characterized by their emphasis on matter depicting, describing, or
relating to specified anatomical areas or specified sexual activities.
"Adult bookstore" shall also include, but not be limited to, establishments
that have a facility or facilities, including but not limited to booths,
cubicles, rooms or stalls, for the presentation of adult entertainment
as defined herein, including adult-oriented films, movies or live
performances for observation by patrons therein, or which, as part
of their regular and substantial course of conduct, offer for sale,
rent, trade, lease, inspection or viewing books, films, videocassettes,
magazines or other periodicals that are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
adult entertainment as defined herein.
ADULT CABARET
A cabaret that features male or female impersonators or similar
entertainers.
ADULT ENTERTAINMENT
Any exhibition of any motion picture, live performance, display
or dance of any type that has a significant or substantial portion
of such performance based on or that is distinguished or characterized
by an emphasis on sex and/or sexual gratification, or any actual or
simulated performance of specified sexual activities, or exhibition
and viewing of specified anatomical areas, as defined herein, appearing
unclothed, or the removal of articles of clothing to reveal specified
anatomical areas.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or fewer persons
at which a significant or substantial portion of the material presented
is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified anatomical areas or specified
sexual activities, as defined herein, for observation by patrons therein.
ADULT MODELING STUDIO
An establishment or business that provides the services of
modeling for the purpose of reproducing the human body wholly or partially
nude by means of photography, painting, sketching, drawing or otherwise.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides, or
other photographic reproductions that are characterized by the depiction
or description of specified anatomical areas or specified sexual activities,
as defined herein; and has a sign visible from the public right-of-way
that advertises the availability of this adult type of photographic
reproductions;
B.
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of more than 50 persons
at which a significant or substantial portion of the material presented
is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified anatomical areas or specified
sexual activities, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)
A parcel of land from which individuals may view a motion
picture presented out-of-doors that presents material distinguishably
characterized by an emphasis on matter depicting, describing, or relating
to specified anatomical areas or specified sexual activities, as defined
herein.
ADULT NOVELTY SHOP
An establishment or business having as a substantial or significant
portion of its stock and trade in novelty or other items that are
distinguished or characterized by their emphasis on specified anatomical
areas or designated for specified sexual activities, as defined herein.
ADULT-ORIENTED ESTABLISHMENT
Shall include but not be limited to adult bookstores, adult
motion-picture theaters (indoor or outdoor), adult mini motion-picture
theaters, adult motels, adult novelty shops, adult cabarets, adult
bathhouses, adult modeling studios, and adult body painting studios
and further means any premises to which public patrons or members
are regularly invited, admitted and/or allowed to view adult entertainment,
whether or not such entertainment is held, conducted, operated or
maintained for profit, direct or indirect. "Adult-oriented establishment"
further includes, without being limited to, any adult entertainment
studio or any premises that are physically arranged and used as such,
whether advertised or represented as an adult entertainment studio,
rap studio, exotic dance studio, encounter studio, sensitivity studio,
modeling studio or any other term of like import.
AGRICULTURAL PRACTICE OR USE
As provided in § 281.16(1)(b), Wis. Stats., means
beekeeping; commercial feedlots; dairying; egg production; floriculture;
fish or fur farming; grazing; livestock raising; orchards; poultry
raising; raising of grains, grass, mint and seed crops; raising of
fruits, nuts and berries; sod farming; placing land in federal programs
in return for payment in kind; owning land, at least 35 acres of which
is enrolled in the conservation reserve program under 16 USC 3831
to 3836; and vegetable raising.
AGRICULTURE
The production, storage, keeping, harvesting, grading, packing,
processing, boarding or maintenance, for sale, lease or personal use,
of plants and/or animals useful to humans.
AIRPORT
Any land or structure that is used or intended for use for
the landing and takeoff of aircraft.
ANIMAL HUSBANDRY OPERATION
A feed lot or any kind of facility, other than a pasture,
where animals have been, are, or will be fed, confined, maintained
or stabled. Two or more husbandry operations under common ownership
are deemed to be a single animal husbandry operation if they are adjacent
to each other or if they utilize a common area or system for disposal
of waste.
ANIMAL UNIT
A unit of measure used to determine the total number of single
animal types or combination of animal types, which are fed, confined,
maintained or stabled in an animal feeding operation.
[Amended 12-16-2014 by Ord. No. 1104-2014; 11-14-2017 by Ord. No. 22-2017]
ANIMAL UNITS COMBINED
Any combination of animal types calculated by adding the
number of single animal types as multiplied by the equivalency factors
of this chapter.
[Amended 12-16-2014 by Ord. No. 1104-2014; 11-14-2017 by Ord. No. 22-2017]
AUTOMOBILE BODY SHOP
A premises used for repair, replacement or reconditioning
of automobile parts that does not require the removal of the engine
head or pan, engine transmission, or differential involving body and
fender work, painting and upholstering service.
AUTOMOBILE CAR WASH
A structure, or portion thereof, containing facilities for
washing automobiles.
AUTOMOBILE REPAIR/SERVICE FACILITY
A premises used for the retail dispensing or sales of vehicular
fuels, that provides service and repairs to automobiles (excluding
body shop activities), as well as other automobile service uses, including
a car wash (as part of the principal structure), installation of lubricants,
tires, batteries, and similar vehicle accessories.
AUTOMOBILE WRECKING
The dismantling or wrecking of used motor vehicles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
or wrecked vehicles or their parts. (See also "junkyard.")
BACK LOT DEVELOPMENT
Also known as "lot pyramiding," "keyhole development" or
"development funneling," is the practice whereby an land area is used
for waterfront access by a number of land areas located away from
or not contiguous to the water body.
BASEMENT
A space, the perimeter of which has more than 1/2 of its
floor-to-ceiling height below the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
BED-AND-BREAKFAST
An establishment used for dwelling purposes in which rooms,
with or without meals, are offered to transient guests for compensation.
BOOTH, ROOM or CUBICLE
Such enclosures as are specifically offered to the public
or members of an adult-oriented establishment for hire or for a fee
as part of a business operated on the premises that offers as part
of its business the entertainment to be viewed within the enclosure,
which 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," "room" or "cubicle"
does not mean such enclosures that are private offices used by the
owners, managers or persons employed on the premises for attending
to the task of their employment, which enclosures are not held out
to the public or members of the establishment for hire or for a fee
for the purpose of viewing entertainment for a fee and are not open
to any persons other than employees, nor shall this definition apply
to hotels, motels or other similar establishments licensed by the
State of Wisconsin.
BREEZEWAY
An aboveground, roofed accessory structure that is utilized
for the purpose of connecting two structures or buildings, as between
a house and a garage, with either open or enclosed sides, with or
without a foundation. A breezeway is not considered part of a dwelling.
[Added 9-21-2021 by Ord. No. 30-2021]
BUFFER
The use of land, topography, difference in elevation, space,
fences, or landscape planting to screen or partially screen a use
or property from another use or property and thus reduce undesirable
influences, such as site glare, noise, dust, and other external effects.
BUILDABLE AREA
The portion of a land area remaining after required yards
and open space requirements have been provided.
BUILDING
A structure having a roof supported by columns or walls used
or intended to be used for shelter or enclosure of persons, animals,
equipment, machinery or materials.
CABIN CAMP
A land area on which one or more camp cabins are located.
CAMPGROUND
An area of land that is used for the purpose of providing
sites for nonpermanent overnight use by camping units and that has
a valid campground permit issued under § 254.47, Wis. Stats.,
and Chapter HFS 178.
CAMPING UNIT
A portable device or enclosure, no more than 400 square feet
in area, including a tent, camping trailer, motor home, bus, van,
pick-up truck or other mobile recreational vehicle used as a temporary
shelter for human habitation.
CANOPY
A structure attached and extending from the face of a structure
constructed as a permanent fixture, which may be supported from the
ground.
CARPORT
A roofed structure providing space for parking of motor vehicles
attached to the principal structure extending over a driveway, open
on all sides except for the wall(s) of the principal structure, and
shall be construed to be part of the principal structure.
CEMETERY
A place set apart, either by municipal authority or private
enterprise, for the interment of the dead. The term includes not only
lots for burying the bodies of the dead but also avenues, walks and
grounds for shrubbery and ornamental purposes.
CERTIFICATE OF COMPLIANCE
An official certification that a premises or a completed
development on a premises conforms to the provisions of the applicable
ordinance.
CHURCH
A structure, together with its necessary structures and uses,
where persons regularly assemble for religious worship and which,
together with its accessory structures and uses, is maintained and
controlled by a regularly organized religious body organized to sustain
public worship and which is exempt from federal income tax as regulated
by the Internal Revenue Service Code.
CLINIC, MEDICAL OR DENTAL
A group of medical or dental offices organized as a unified
facility to provide medical or dental treatment as contrasted with
an unrelated group of such offices, but not including bed-patient
care.
CLUB
Structures and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose but not primarily for profit and not primarily to render a
service that is customarily carried on as a business.
COMMITTEE
The Land Use Planning and Zoning Committee.
CONDITIONAL USE PERMIT
A use that may be considered in a particular zoning district
if it is adaptable to the limitations of a particular site or made
to be complimentary to adjacent land uses. The Land Use Planning and
Zoning Committee, as authorized by County ordinance, shall only grant
a conditional use permit if the use is consistent with the purpose
and intent of this chapter, and may impose conditions that are related
to the requested use and reasonable to ensure compliance with this
chapter. The applicant must provide substantial evidence the conditions
are or will be satisfied.
[Amended 3-19-2019 by Ord. No. 2-2019]
CONDOMINIUM
As provided in § 703.02(4), Wis. Stats., means
property being subject to a condominium declaration established under
Chapter 703, Wis. Stats.
CONTRACTOR'S EQUIPMENT
Means all apparatus, machinery, vehicles and other things
required for the execution and completion of work or assembly of work
by any building trade or other contractor.
[Added 9-20-2022 by Ord. No. 17-2022]
CONTRACTOR'S YARD or SHOP
Means any land, building or structure used for the purpose
of storing contracting equipment and material or performing shop work
or assembly work by any building trade or other contractor.
[Added 9-20-2022 by Ord. No. 17-2022]
DAYS
Shall refer to full calendar days.
DENSITY
The relationship of an area of land (generally stated in
square feet) to a dwelling unit.
DEVELOPMENT
Any man-made 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 substantial
alterations to buildings, structures or accessory structures; the
placement of mobile homes; ditching, lagooning, dredging, filling,
grading, paving, excavation or drilling operations; and the deposition
or extraction of earthen materials.
DOG BREEDER
A person who in any license year sells at least 25 dogs,
from more than three litters, which that person has bred and raised
in this state. A person has bred and raised dogs for purposes of this
definition if that person has owned the dogs from birth until sale,
regardless of whether the person has contracted with an agent to raise
the dogs on real estate owned or occupied by that agent.
[Added 9-21-2021 by Ord. No. 30-2021]
DOG BREEDING FACILITY
A place in this state where dogs are bred and raised and
from which at least 25 dogs from more than three litters are sold
in a license year.
[Added 9-21-2021 by Ord. No. 30-2021]
DRIVE-THROUGH
Any use where products and/or services are provided to the
customer under conditions where the customer does not have to leave
the vehicle or where fast service to the vehicle occupants is a service
offered regardless of whether the service is provided within the structure.
DRIVEWAY
A private way providing ingress and egress to a public or
private right-of way.
DWELLING
A structure or portion thereof designed or used exclusively
for human habitation, but not including mobile recreational vehicles,
hotels, motels, boarding- and lodging houses.
DWELLING, MULTIPLE-FAMILY
A structure on a single land area, containing three or more
dwelling units, or a structure designed for occupancy by three or
more families.
DWELLING UNIT
As provided in § 106.50(1m)(i), Wis. Stats., means
a structure or part of a structure that is used or intended to be
used as a home, residence or sleeping place by one person or by two
or more persons, who are maintaining a common household, to the exclusion
of all others.
EASEMENT
A grant by a property owner for use of a strip of land by
the public or any person for any specific purpose, or purposes of
constructing and maintaining utilities, including but not exclusive
of the following: sanitary sewers, water mains, electric lines, telephone
lines, other transmission lines, storm sewer, storm drainageways,
gas lines, other service utilities, driveways, etc.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment, as defined herein, whether or not a fee is charged
or accepted for entertainment and whether or not entertainment is
provided as an employee or independent contractor.
ENTRYWAY
An inside area through which you enter a dwelling from outside
of the dwelling that leads to other rooms within a dwelling.
[Added 9-21-2021 by Ord. No. 30-2021]
ESSENTIAL SERVICES
Services and utilities needed for the health, safety and
general welfare of the community, such as surface, overhead or underground
electrical, gas, telephone, steam, sewerage, water and other utilities
and the equipment and appurtenances necessary for such systems to
furnish an adequate level of service for the area in which they are
located.
EVENT BARN
A structure, that had previously been used for agricultural
uses associated with a farm, that has been renovated and upgraded
to local and state building codes and re-purposed as a facility for
hire to host social or business gatherings, including, but not limited
to, meetings, parties, seminars, weddings, receptions, family reunions,
anniversaries, and barn dances. Event barns must promote the retention
of the rural nature of the parcel and community in which it is located
and may only be allowed by conditional use permit.
[Added 3-19-2019 by Ord.
No. 2-2019]
EXPANSION
An addition to an existing structure that is horizontal,
vertical or both.
EXTRACTION
Any nonagricultural, artificial excavation of earth for commercial
or industrial uses, excavated or made by the removal from the natural
surface of the earth of sod, soil, sand, gravel, stone or other natural
matter, or made by turning, breaking or undermining the surface of
the earth.
FAMILY
Those persons related by blood, marriage, adoption, or foster
care or a group of persons living together in a single dwelling unit.
FARM
An area of land used for agricultural practice or use.
FARM FAMILY BUSINESS
Any lawful activity, except a farm operation, conducted primarily
for any of the following:
A.
The purchase, sale, lease or rental of personal
or real property.
B.
The manufacture, processing or marketing of
products, commodities or any other personal property.
FARM OPERATION
An owner or occupant engaged in one or more farming activities,
with gross sales from such activities as set forth in § 91.01(1),
Wis. Stats.
FEED LOT
A land area for fattening animals or holding animals temporarily
for shipment.
FENCE
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land. Additionally:
[Amended 3-19-2019 by Ord. No. 2-2019]
A.
FENCE, OPENA fence constructed in a manner that provides 50% or more open space.
B.
FENCE, PRIVACYA fence constructed in a manner that provides less than 50% open space.
FLEA MARKET
An occasional or periodic market held in an open area or
structure where groups of individual sellers offer goods for sale
to the public.
FLOOR PLAN
A graphic representation of the anticipated utilization of
the floor area within a structure.
FOOTPRINT
The land area covered by a structure at ground level, measured
on a horizontal plane.
GARAGE
A structure or part thereof, used or intended to be used
for parking and storage of vehicles and/or other personal property.
[Amended 9-21-2021 by Ord. No. 30-2021]
A.
ATTACHEDA garage sharing a common wall with the principal structure. The attachment must extend from original grade to the roofline of one or more of the connected structures, must be completely enclosed by a roof, walls and floor (openings only for windows, skylights, and doors are allowed), and there must be a direct connection from the 2nd floor of the principal structure to the 2nd floor of the attached garage.
B.
DETACHEDA garage that is not attached to the principal structure, being an accessory structure.
GARAGE, PUBLIC
A structure or portion thereof, other than a private customer
and employee garage or private residential garage, used for parking
and storage of vehicles and available to the public.
GENERAL DEVELOPMENT PLAN
A report in text and in map form, with the map drawn to scale,
depicting the general location and relationship of structures, streets,
driveways, recreation areas, parking areas, utilities, etc., as related
to a proposed development.
GOVERNMENTAL STRUCTURE
State, County, federal, city, village or town structures
utilized to provide a service that a specific governmental entity
may provide.
GRADE, FINISHED
The final elevation of the ground surface after development.
GRADE, NATURAL
The elevation of the ground surface in its natural state,
before man-made alterations.
HOME OCCUPATION
Any occupation or profession carried out for gain within
a dwelling unit by a member of the family residing on the premises
and where there is no emission of odor, gas, smoke, dust or noise
that will be detrimental to the character of the neighborhood.
HORTICULTURE
Horticultural uses and structures designed for the storage
of products and machinery pertaining and necessary thereto.
HOSPITAL
Any structure, institution or place for the diagnosis, treatment
and medical, mental, or surgical care of individuals that makes available
clinical laboratory service, diagnostic x-ray and treatment facilities
for surgery, or obstetrical or psychiatric care and which is accredited
as a hospital by the Joint Commission on the Accreditation of Hospitals.
HOTEL
A structure in which lodging, or boarding and lodging, is
provided and offered to the public for compensation, and in which
ingress and egress to and from all rooms is made through an inside
lobby or office supervised by a person in charge at all times.
INSTITUTION
A nonprofit, religious, or public use, such as a church,
public or private school, or hospital establishment for public use.
JUNK
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
includes, but is not limited to, unregistered or inoperable vehicles,
tires, vehicle parts, equipment, paper, rags, metal, glass, building
materials, household appliances, brush, wood and lumber.
JUNKYARD
Any land area, building or structure or part thereof used
for the storage, collecting, processing, purchase, sale or abandonment
of junk.
KENNEL
An establishment, that is not a dog breeding facility as
defined in ATCP 16, in which domestic animals are housed, boarded,
groomed, sheltered, protected, bred, trained or sold for a fee or
compensation. A property where there are fewer than five adult dogs
is not considered a kennel.
[Amended 9-21-2021 by Ord. No. 30-2021]
LANDFILL
A system of trash, waste, refuse, debris, salvaged material
or garbage disposal in which the waste is buried between layers of
soil.
LICENSE YEAR
Means the twelve-month period ending on September 30 for
a license granted by the Wisconsin Department of Agriculture, Trade
and Consumer Protection to operate as a dog dealer, dog breeder or
a dog breeding facility.
[Added 9-21-2021 by Ord. No. 30-2021]
LIVING AREA
That area or space within a dwelling unit, devoted to the
principal residential use of the structure, excluding attached garages,
porches, sheds, and other similar appurtenances.
[Added 9-21-2021 by Ord. No. 30-2021]
LOADING AREA
A completely off-street space or berth on the same land area,
for the loading or unloading of freight carriers, having adequate
ingress and egress to a public street or alley.
LOT
An area of land that is part of a subdivision plat, certified
survey map or other document using the platting process duly recorded
in the Register of Deeds office that is identified by an assigned
number or letter.
[Added 8-19-2014 by Ord.
No. 1092-2014]
LOT DEPTH
The mean distance between the front and rear lot lines.
LOT LINE
The same as boundary line; the peripheral boundary of a lot,
parcel tract or any other land area that divides one recorded land
area from another.
[Amended 3-19-2019 by Ord. No. 2-2019]
A.
LOT LINE, STREETThat boundary separating a land area from an existing or dedicated public street.
B.
LOT LINE, REARThat boundary of a land area that is opposite the street lot line. In the case of corner lots, the rear lot line shall be opposite the shorter of the two frontages.
C.
LOT LINE, SIDEThat boundary of a land area that is not a street, shore or a rear lot line.
D.
LOT LINE, SHOREThat boundary of a land area that abuts a navigable waterway at the ordinary high-water mark.
LOT OR PARCEL, RIPARIAN
An area of contiguous land that is adjacent to perennial
navigable waters, having a boundary description duly recorded in the
Register of Deeds office that identifies the boundaries of that area
of land.
[Added 8-19-2014 by Ord.
No. 1092-2014]
LOT, SUBSTANDARD
An area of land, with or without structures having frontage
on a public street, or other approved means of access, and having
insufficient size to meet the lot width, lot area, yard, off-street
parking areas or other open space provisions of a district wherein
located.
LOT WIDTH, AVERAGE
The average of the shortest horizontal distances between
the side lot lines at the street lot line, rear lot line or ordinary
high-water mark and at any angle point in the side lot lines.
[Amended 3-19-2019 by Ord. No. 2-2019]
MANUFACTURED HOME
A structure that is designed to be used as a dwelling, with
or without a permanent foundation and that is certified by the federal
department of Housing and Urban Development as complying with the
standards established under 42USC 5401 to 5425.
[Amended 3-19-2019 by Ord. No. 2-2019]
MARINA
A facility for the storing, servicing, fueling, berthing,
and securing of boats and that may include eating, sleeping, and retail
facilities for owners, crews and guests.
MINING
See "extraction or nonmetallic mining."
MOBILE HOME
A vehicle manufactured or assembled before June 15, 1976,
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 uncollapsible
construction, which has an overall length in excess of 45 feet. "Mobile
home" includes the mobile home structure, its plumbing, heating, air
conditioning and electrical systems, and all appliances and all other
equipment carrying a manufacturer's warranty.
[Amended 3-19-2019 by Ord. No. 2-2019]
MOBILE HOME PARK
An area of land that is occupied by three or more mobile
homes, manufactured homes or park model homes that is advertised or
represented as a mobile home park. Mobile home parks shall include
any structure, vehicle or enclosure intended for use as part of the
equipment of such mobile home park.
MOTEL (MOTOR COURT, MOTOR HOTEL, MOTOR LODGE)
A structure in which lodging or boarding and lodging are
provided and offered to the public for compensation and in which ingress
and egress for all rooms is made from the exterior of the structure(s).
MUDROOM
A room in a dwelling designed especially for shedding of
dirty or wet footwear and clothing.
[Added 9-21-2021 by Ord. No. 30-2021]
NONCONFORMING LOT OR PARCEL
A lot or parcel, the area, dimensions or location of which
was lawful prior to the adoption, revision or amendment of an ordinance
but which fails by reason of such adoption, revision or amendment
to conform to the present requirements of the ordinance.
[Amended 11-14-2017 by Ord. No. 22-2017]
NONCONFORMING STRUCTURE
An existing, usable structure or portions thereof whose location,
dimensions or other physical characteristics do not conform to current
ordinance standards, but was legally constructed or placed in its
current location prior to the adoption of the ordinance or ordinance
amendment that made it nonconforming.
NONCONFORMING USE
The lawful use of land, structure or a portion thereof that
does not conform to the current land use restrictions, but which was
legally established prior to the adoption of the ordinance or ordinance
amendment that made it nonconforming.
NURSERY SCHOOL
A private establishment enrolling nine or more children between
two and five years of age and where tuition, fees, or other forms
of compensation for the care of the children are charged and which
is licensed or approved by state and local authorities to operate
as a nursery school.
OCCUPANCY
The residing of an individual or individuals in a dwelling
unit, or the installation, storage or use of equipment, merchandise
or machinery in any public, commercial or industrial structure.
OFFICIAL MAP
The map adopted pursuant to Wisconsin Statutes that shows
existing and proposed streets, highways, parkways, parks, playgrounds
and school sites.
OPEN SPACE
An unoccupied space open to the sky on the same lot as the
principal structure or development, which is in addition to other
required yard areas and which is not used for parking or driveway
purposes.
OPEN STORAGE
Storage of any material outside of a structure.
PARCEL
An area of unplatted contiguous land having a boundary description
duly recorded in the Register of Deeds office that identifies the
boundaries of that area of land.
[Amended 8-19-2014 by Ord. No. 1092-2014]
PARKING LOT
An off-street area for the temporary storage of motor vehicles
consisting of access drives/driveways, aisleways and parking spaces.
A.
ACCESS DRIVESThat portion of a parking lot that provides a way of approach to provide physical ingress and egress to a property.
B.
AISLEWAYSThat portion of a parking lot/facility that is a traveled way by which vehicles enter and depart parking spaces.
C.
PARKING SPACESThat portion of a parking lot/facility that provides for the temporary parking of motor vehicles within a public or private parking lot.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners
of opposite frontages and all property owners within 300 feet.
PASSAGEWAY
A narrow extended room that is open on both ends, having
walls on either side and under roof that allows unobstructed access
to different rooms within a dwelling.
[Added 9-21-2021 by Ord. No. 30-2021]
PATIO
A residential accessory structure, used as an outdoor space
for leisure, dining, cooking, or similar use, that consists of a surface
layer, including but limited to concrete, pavers, bricks, tiles, asphalt
or stone (e.g. flagstone, limestone, bluestone, slate, granite, gravel,
stone screenings) and the supporting base layers extending subgrade
to the underlying soil.
[Added 9-20-2022 by Ord. No. 17-2022]
PERMIT
An official finding that a proposed development and use of
a property, as indicated by an application, complies with the requirements
of applicable ordinances or meets special conditions of a variance
or conditional use permit. The applicable ordinance will specify the
development activities that need to have such a permit.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PREMISES
A lot together with all structures thereon.
PRINCIPAL STRUCTURE
The main or primary structure on a land area that is utilized
for the property's principal use.
[Amended 8-18-2020 by Ord. No. 9-2020]
PRINCIPAL USE
The main or primary use of a land area as distinguished from
an accessory use.
PROFESSIONAL HOME OFFICES
The office of a practitioner of a recognized profession that
is located in the practitioner's place of permanent residency.
PROPERTY
A land area together with all structures thereon.
PUBLIC LAND
Land owned or operated by a municipality, school district,
county, state, or other governmental unit.
RAILROAD YARD
An open area for the storage and repair of railroad cars
and engines, excluding those areas utilized for the sole purpose of
movement and/or transportation of said railroad cars and engines.
ROADSIDE FARM STAND
A structure used solely for the sale of farm products produced
on the premises.
RUMMAGE SALE
Any display of used goods, on a property customarily used
as a residence, that does not exceed four days in duration and occurs
no more than once every four months.
RUNOFF
The rainfall, snowmelt or irrigation water flowing over the
ground surface.
RUNWAY
A level portion of an airport having a surface specially
developed and maintained for the landing and taking off of aircraft.
SATELLITE TELEVISION RECEIVING DISH
A device for the purpose of capturing television signals
transmitted via satellite communications facilities and serving the
same or similar function as the common television antenna.
SCHOOL
Has the same meaning as in Wisconsin Statutes; and includes
public, private, vocational and technical.
SETBACK
The horizontal distance between the structure and an established
lot line.
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with parking provided on-site, provisions
for goods delivery separated from the customer access, being developed
in accordance with an approved plan.
SIGN
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, that 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.
A.
ENHANCEMENT FEATURESAny portion of a sign structure intended to improve the physical appearance of a sign, such as but not limited to roofs, moldings, lattice or other decorative features.
C.
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where the sign is displayed.
SITE PLAN
A map or graphics prepared to scale depicting the development
of a land area, including, but not limited to, the location and relationship
of the structures, streets, driveways, recreation areas, parking areas,
utilities, landscaping, existing and proposed grading, walkways, and
other site development information as related to a proposed development.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region.
(3)
Female breasts below a point immediately above
the top of the areola.
B.
Human male genitals in discernible turgid state,
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Showing of human genitals in a state of sexual
stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse,
sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or
cunnilingus.
C.
Fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breasts.
SPLIT-ZONED LOT OR PARCEL
A lot or parcel whereby the lot or parcel consists of more
than one zoning district.
[Added 11-14-2017 by Ord.
No. 22-2017]
STABLE
A structure in which domestic animals are sheltered and fed.
START OF CONSTRUCTION
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.
STORY
That portion of a structure included between the surface
of any floor and the surface of any floor above it or, if there is
no floor above it, then the space between the floor and the ceiling
next above it. A basement level having more than 1/2 of its wall surface
area height above grade shall be deemed a story for purposes of height
regulation.
STORY, HALF
That portion of a structure under a roof line that intersects
the wall plates not more than 4 1/2 feet above the floor level
of such story.
STRUCTURAL ALTERATION
Any work on the existing structure or parts thereof beyond
ordinary maintenance and repair such as but not limited to sheathing,
studs, plates stringers, rafters, joists, subfloor, foundation and
any others similar to this, but does not include any expansion or
replacement of the structure.
STRUCTURE
A combination of materials that form a structure, permanently
or temporarily placed, for use, occupancy or ornamentation whether
installed on, above or below the surface of land or water.
STRUCTURE HEIGHT
The vertical distance of a structure measured from the average
elevation of the finished grade contiguous to the structure to the
highest point of the roof or significant appurtenances.
SUBSTANTIAL EVIDENCE
Facts and information, other than merely personal preferences
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion.
[Amended 3-19-2019 by Ord. No. 2-2019]
TRACT
A contiguous area of land within a parcel, the owner of the
tract being the same owner as the parcel. The tract(s) within the
parcel is created by a street, highway, railroad, waterway or other
physical feature that causes the acreage of the parcel to be physically
separated.
UNNECESSARY HARDSHIP
A criteria reviewed during a variance proceeding. Unnecessary
hardship is defined differently for the following types of variances:
A.
Use variance, requires that the test of "no
reasonable use in the absence of a variance" be applied to determine
if there is an unnecessary hardship.
B.
Area variance, requires that the test of "whether
compliance with the strict letter of the restrictions governing area,
setbacks, frontage, height, bulk or density would unreasonably prevent
the owner from using the property for a permitted purpose or would
render conformity with such restrictions unnecessarily burdensome"
be applied to determine if there is an unnecessary hardship.
USE
The purpose or activity for which the land or structure thereon
is occupied, utilized or maintained.
UTILITIES
Any agency that, under public franchise or ownership, or
under certificate of convenience and necessity, or by grant of authority
by a governmental agency, provides the public with electricity, gas,
heat, steam, communication, transportation, water, sewerage collection,
or other similar service.
VARIANCE
An authorization by the body of jurisdiction to deviate from
the strict interpretation of the standards of an ordinance, when criteria
are met to allow such deviation from such standards.
VISION CLEARANCE TRIANGLE
A supplemental setback at the intersection of two or more
roads for the purpose of preserving a clear line of sight across the
sectors of such intersection(s).
WAREHOUSE
A structure used primarily for storage of goods and materials.
WIRELESS COMMUNICATIONS FACILITIES
(1) A land area containing a tower, sending and receiving
antennas attached to the tower, and a prefabricated or modular structure
or cabinets containing electronic equipment; (2) a Federal Communications
Commission (FCC) licensed facility, designed and used for the purpose
of transmitting, receiving and relaying voice and data signals from
various wireless communication devices and equipment.
A.
ALTERNATIVE TOWER STRUCTUREMan-made structures such as, but not limited to, clock towers, bell steeples, light poles, silos and similar mounting structures.
B.
ANTENNAA device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures.
C.
COLLOCATIONThe provision of multiple antennas of more than one commercial wireless communication service provider or government entity on a single tower or alternative tower structure.
D.
FAAFederal Aviation Administration.
E.
FCCFederal Communications Commission.
F.
HEIGHTWhen referring to a tower or other alternative tower structure, the distance measured from the grade to the highest point on the tower or other structure, including the base pad.
I.
TOWERAny structure that is designed and constructed for the purpose of supporting one or more antennas and related equipment used to transmit and/or receive signals. The term includes the structure and any support thereto.
YARD
The open land area lying between the structure and the lot
line of the property.
[Amended 3-19-2019 by Ord. No. 2-2019]
A.
YARD, STREETThe open land area across the full width of the property between the front street lot line and the nearest point of the structure.
B.
YARD, REARThe open land area across the full width of the property between the rear lot line and the nearest point of the structure.
C.
YARD, SIDEThe open land area between the adjacent side lot line and the nearest point of the structure and extending from the street yard to the rear yard.
ZERO LOT LINE
The instance where a structure is allowed to be constructed
over a lot line of two adjoining land areas.
ZONING AMENDMENT
A change of the zoning map or zoning text authorized by the
County, either in the allowed use within a district or in the boundaries
of a district.
ZONING DISTRICT
An area within the limits of the County for which the regulations
and requirements governing use are uniform.
ZONING DISTRICT, OVERLAY
A zoning district that encompasses one or more underlying
zoning districts and that imposes additional regulations and requirements
beyond those of the underlying zoning district.
ZONING MAP
The map or maps incorporated into the applicable ordinance
as a part thereof designating the boundaries of the zoning districts.