Unless specifically defined, words and phrases in this Code of Ordinances shall have their common law meaning and shall be applied in accordance with their common usage. 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; "shall" is mandatory and is not discretionary. The following definitions shall be applicable in this Code of Ordinances:
A ZONESThose 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 Do not number of data for a given area.
ABANDONED/FOUND/UNCLAIMED, PROPERTYAny property reported to the Police Department as abandoned either on public or private property, where the owner is unknown or may be known, but cannot immediately receive the property.
ABANDONED VEHICLEAny vehicle that has been left unattended without the permission of the property owner for more than forty-eight (48) hours. Refer to Section
342.40, Wis. Stats., for a more detailed definition.
ACCESSORY STRUCTURE OR USE, FLOODPLAINA facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.
ACCRUED RESERVES, UTILITIESA method of keeping accounts of the segregated resources over several years to determine the funds available to offset capital expenditures to maintain an ongoing, online waste treatment facility.
ACT OF DIVISIONThe division of a lot or parcel of land into two or more parcels.
ACTUAL COSTThe total cost of personnel, including wages, fringe benefits and all other benefits and overhead.
ADDITION, BUILDINGNew construction is performed on a dwelling which increases the exterior dimensions of the dwelling.
ADDITIONAL SERVICEA subscriber service provided by the grantee for which a special charge is made based on program or service content or time of usage.
ADULT BOOK OR VIDEO STOREAn establishment having as a substantial or significant part of its business for sale, rent, lease, inspection or viewing books, films, video cassettes, sound recording, pamphlets, magazines or other periodicals, or other printed matter however reproduced, any pictures, photographs, drawings, motion picture films, or similar visual representations or images, of a person or portions of a human body which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified anatomical areas" or "specified device, costume or covering" or "specified sexual activities" as herein defined, and may in conjunction therewith, have facilities for the presentation of adult entertainment as herein defined, including adult oriented film, movies or live performances for observation by patrons therein. "Substantial or significant part of the business" means dedication or use of more than ten percent (10%) of the available floor, wall and display space to the sale, rental or loan of the subject matter referenced above, including space devoted to the viewing of video tapes or films, listening to sound recordings, live performances, or display and advertisement of subject matter referenced herein equal to or in excess of ten percent (10%) of the total merchandise for sale, rental or loan. Material, however distributed, which is published by a medical products manufacturer, a medical or health association, an insurance company, or by a consumer education organization shall not be considered part of the business of operating an adult book or video store.
ADULT ENTERTAINMENTAny exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated "specified anatomical areas" or "specified device, costume or covering" or "specified sexual activities" as herein defined or the removal of articles of clothing or appearing partially or totally nude. This may include establishments or businesses which provide the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron, employees, agents or independent contractors, or other person when such body is wholly or partially nude in terms of specified anatomical areas as defined herein; a cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers wherein live presentation distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified anatomical areas" or "specified device, costume or covering" or "specified sexual activities" as defined herein; a wash facility for any type of motor vehicle that allows employees, agents or independent contractors, or other persons to appear in a state of partial or total nudity in terms of "specified anatomical" areas as defined herein.
ADVERTISING SIGN, OUTDOORA structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ADVERTISING STRUCTURE, OUTDOORAnything constructed or erected, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which it is located.
AFFECTED, WATER QUALITYA regulated activity has significantly:
(1) Caused negative impacts on water quality or the use or maintenance of land or business; or
(2) Endangered health, safety, or general welfare.
AGRICULTURALRelated to or used to produce food and fiber, including but not limited to general farming, livestock and poultry enterprises, grazing, nurseries, horticulture, viticulture, truck farming, forestry, sod production, cranberry production and wild crop harvesting, and includes lands used for on-site buildings and other structures necessary to carry out such activities.
AGRICULTURAL ACTIVITIESUse of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption.
AH ZONESee “AREA OF SHALLOW FLOODING”.
ALARM COMPANYAny business in which the owners or employees engage in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, or servicing alarm systems.
ALARM SYSTEMAn assembly of equipment and devices or a single device to signal the presence of a hazard requiring urgent attention and to which the Police or Fire Department is expected to respond. In this chapter, the term "alarm system" shall include the terms "automatic holdup alarm system," "burglar alarm system," and "manual holdup alarm system," as those terms are hereinafter defined, and fire alarm systems which monitor temperature, humidity or any other condition directly related to the detection of fire. Excluded from this definition and from the coverage of this chapter are alarm systems used to alert or signal persons within the premises in which the alarm system is located because of an attempted unauthorized intrusion or holdup attempt or fire.
ALTERATION, BUILDINGA substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
ALTERATION, FLOODPLAINAn 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.
AMUSEMENT DEVICEAny table, platform, mechanical device, or apparatus operated or intended to be operated for amusement, pleasure, test of skill, competition, or sport, the use or operation of which is conditioned upon payment of a consideration either by insertion of a coin or token in a slot or otherwise. "Amusement device" shall include, but not be limited to, devices commonly known as baseball, football, basketball, hockey, pinball, shuffleboard, ray guns, bowling games, bumper games, ski ball, and electronic video games, and shall also include billiard tables and pool tables (whether coin-operated or not). Such definition does not include a bowling alley, jukebox or other coin-operated music machine or a mechanical children's amusement riding device.
AMUSEMENT PARLORAny premises operated by any organization, whether incorporated or not, which is the owner, lessee, or occupant of a building whose primary purpose or object of its existence or operation is that of providing use of amusement devices to the public at retail and/or any premises operated by any organization, whether incorporated or not, which is the owner, lessee, or occupant of a building, the majority of whose gross receipts are derived from the providing of use of amusement devices to the public at retail.
ANIMALMammals, reptiles and birds.
ANNUNCIATORThe instrumentation of an alarm console at the receiving terminal of a signal line through which both visual and audible signals show when an alarm device at a particular location has been activated or which, in the event of malfunction, may also indicate line trouble.
ANYTHING OF VALUEAny money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the state, fees and expenses which are permitted and reported under Section
19.56, Wis. Stats., political contributions which are reported under Chapter
11, Wis. Stats., or hospitality extended for a purpose unrelated to state business by a person other than an organization.
ANSWERING SERVICEA telephone answering service providing among its services the service of receiving on a continuous basis through trained employees emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the dispatch center of the Police or Fire Department.
AO ZONESee “AREA OF SHALLOW FLOODING”.
APARTMENTA portion of a residential or commercial building used as a separate housing unit.
APIARYColonies, hives, and other equipment associated with honeybees assembled in one location for beekeeping operations: also known as a bee yard.
APPLICANTA person applying for a permit, license or other approval under this Code of Ordinance.
APPLICATIONAn application for a permit, license or other approval under this Code of Ordinance.
APPROVEDTo give formal or official sanction to by the Building Inspector, Zoning Administrator, Plan Commission, Village Board, or other responsible entity.
AREA OF SHALLOW FLOODINGA designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one (1)-percent or greater annual chance of flooding to an average depth of one (1) to three (3) 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.
ARCHIVESA place in which public or institutional records are systematically preserved.
ASSOCIATEDWhen used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer or trustee or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity.
AT LARGEOff the premises of the owner and not under the control of some person by leash, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to be upon the owner's premises.
AUDITA separate report from a qualified 3rd party that covers the following:
(1) To determine that financial operations are properly conducted;
(2) Financial reports are presented fairly, and applicable laws and regulations have been complied with;
(3) Resources are managed and used in an economical and efficient manner; and
(4) Desired results and objectives are being achieved in a financially effective manner.
AUTHORITYAny of the following Village of Belleville entities having custody of a Village record: an office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order, or a formally constituted subunit of the foregoing.
AUTHORIZED EXPENDITURES, UTILITIESThose expenditures authorized by the Village Board and made payable from the accounts kept for the expenditures of the user charge. Expenditures from the reserve funds shall be limited to those for which the fund was created.
AUTHORIZED PERSON, SCHOOL DISTRICTIncludes any person:
(1) Who is present at any school building or school grounds for a purpose previously authorized by the school or its designee.
(2) Transporting a student who utilizes the driveway specified for loading and unloading personnel.
(3) Utilizing a designated area for attending an athletics or other organized school event.
AUTOMATIC DIALING DEVICEAn alarm system which automatically sends over regular telephone lines by direct connection or otherwise a prerecorded voice message or coded signal indicating the existence of the emergency that the alarm system is designed to detect.
AWNINGA temporary hood or cover which projects from the wall of the building, which can be retracted, folded or collapsed against the face of a supporting structure.
BANK EROSIONThe removal of soil or rock fragments along the banks or bed of a stream channel resulting from high flow after rain events.
BASE FLOODMeans the flood having a one (1)-percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
BASEMENT or CELLARA story partly underground but having at least one-half (1/2) of its height, or more than five (5) feet, below the mean level of the adjoining ground. See Chapters
SPS 320,
SPS 321, and
SPS 322, Wis. Adm. Code.
BASIC SERVICE, CABLE SERVICESAll subscriber services provided by the grantee in one or more service tiers, which includes the delivery of local broadcast stations and public, educational and government access channels. "Basic service" does not include optional program and satellite service tiers, a la carte services, or per-channel, per-program, or auxiliary services for which a separate charge is made. However, the grantee may include other satellite signals on the basic service tier.
BATHROOMA room containing plumbing fixtures including a bathtub or shower.
BEEKEEPERA person who owns or has responsibility for one or more colonies of honeybees.
BEEKEEPING EQUIPMENTAnything used in the operation of a honeybee apiary, such as hive bodies, honey supers, frames, top covers, and/or bottom boards.
BEST MANAGEMENT PRACTICE, STORMWATERA practice, technique, or measure that is an effective, practical means of preventing or reducing soil erosion or water pollution, or both, from runoff both during and after land development activities. These can include structural, vegetative or operational practices.
BICYCLEEvery vehicle propelled by feet or hands acting upon pedals or cranks and having wheels any two (2) of which are not less than fourteen (14) inches in diameter.
BICYCLE, ELECTRICA bicycle that is equipped with fully operative pedals for propulsion by human power and an electric motor of seven hundred fifty (750) watts or less and that meets the requirements of any of the following classifications:
(1) Class 1 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(2) Class 2 electric bicycle is an electric bicycle that may be powered solely by the motor and is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(3) Class 3 electric bicycle is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty eighth (28) miles per hour.
BILLABLE BIOCHEMICAL OXYGEN DEMAND (BOD)A user's loading in pounds of BOD calculated using the billable flow and concentration of BOD in the waste as determined by the Village Engineer. The minimum waste strength of BOD shall be the domestic waste concentration of two hundred (200) milligrams per liter for the purpose of billing for user charges.
BILLABLE FLOWA user's recorded quarterly water usage as metered by the appropriate water utility, plus metered water from wells and other sources, and less any sewer-exempt metered data, times the Village approved percentage factor for wastewater entering the sewer system outside of the metered water. Residential users on unmetered wells and users with no history of billable flow shall have their billable flow estimated by averaging the billable flow of other residential users of the same class.
BILLABLE TOTAL SUSPENDED SOLIDS (TSS)A user's loading in pounds of TSS calculated using the billable flow and concentrations of TSS in the waste as determined by the Village Engineer. The minimum waste strength of TSS shall be the domestic waste concentration of two hundred fifty (250) milligrams per liter for the purpose of billing for user charges.
BILLBOARDA sign which advertises goods, products or facilities, or services and is not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located.
BIMETAL CONTAINERA container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
BIOCHEMICAL OXYGEN DEMAND (BOD)The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty degrees Celsius (20° C).
BLANKETINGThe unreasonable obstruction of view of a sign caused by the placement of another sign.
BLASTINGA method of loosening, moving or shattering masses of solid matter by use of explosive compounds to prepare stone for crushing, to prepare stone for building and/or ornamental use, or to prepare property for development.
BLOCK PARTYA special event that will occur, in full or in part, within any public right-of-way.
BOARDING HOUSEA building other than a hotel where meals or lodging and meals are served for compensation for not more than six (6) persons.
BOATEvery description of watercraft used or capable of being used as a means of transportation on water.
BOATHOUSEAs defined in Section
30.01(1d), Wis. Stats., a structure used for the storage of watercraft and associated materials which has one (1) or more walls or sides.
BONFIREAn outdoor fire that has a radius of three (3) feet or greater and/or a flame height of eighteen (18) inches or more.
BUILDINGA structure having a roof and intended for the shelter, housing or enclosure for persons, animals or chattel. See also “structure”.
BUILDING, ALTERATION OFAny change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one (1) location to another.
BUILDING CODEThe building code officially adopted by the Village Board or such other code as may be officially designated by the Village Board for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of buildings and structures.
BUILDING DRAIN(1) SANITARY DRAINThat part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only and is located inside the walls of a building and conveys the sewage to the building sewer, which begins three (3) feet outside the building wall.
(2) STORM DRAINThat part of the lowest horizontal piping of a drainage system which receives stormwater or other clear water discharge but receives no wastewater from sewage or other drainage pipes and is located inside the walls of a building and conveys sewage to the building sewer, which begins three (3) feet outside the building wall.
BUILDING, FRONT LINE OFA line parallel to the street intersecting the foremost point of the building, excluding uncovered steps and the eaves if the overhang is less than two (2) feet.
BUILDING, HEIGHT OFThe vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.
BUILDING INSPECTORThe person designated by the Village Board as Building Inspector, as well as any person to whom the Building Inspector delegates or assigns certain responsibilities or functions under this code of ordinances.
BUILDING PRINCIPALA building in which is conducted the main use of the lot on which said building is located.
BUILDING SEWER(1) SANITARY SEWERThe extension from the building drain to the public sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a "house connection."
(2) STORM SEWERThe extension from the building drain to the public sewer or other place of disposal and conveys stormwater or other clear water drainage but no sanitary or industrial sewage. This is also known as a "house connection."
BULKHEAD LINEA geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Section
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 code.
BURGLAR ALARM SYSTEMAn alarm system which signals an entry or attempted entry into the area protected by the system.
BUSINESSIncludes the business and industrial uses and districts as herein defined.
CABLE COMMUNICATION SYSTEMA facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming, and which is provided to multiple subscribers within a community, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) A facility that serves subscribers without using any public right-of-way;
(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Federal Cable Communications Policy Act, except that such facility shall be considered a cable system [other than for purposes of Section 621(c) of said Act to the extent that such facility is used in transmission of video programming directly to subscribers; or
(4) Any facilities of any electric utility used solely for operating its electric utility system.
CABLE SERVICEThe one (1)-way transmission to customers of video programming or other programming service and customer interaction, if any, which is required for the selection or use of such video programming or other programming service.
CAMPFIREA small outdoor fire that has a radius of less than three (3) feet and a flame height of less than eighteen (18) inches that is intended for recreation or cooking, not including a fire intended for disposal of waste wood or refuse.
CAMPGROUNDAny parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four (4) or more camping units, or which is advertised or represented as a camping area.
CAMPING UNITAny portable device, no more than four hundred (400) square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pickup truck, or tent that is fully licensed, if required, and ready for highway use.
CANOPYA shelter, with or without a sign, attached to or connected with a building and extending into a setback or over the public sidewalk.
CARDBOARDIncludes all cardboard, brown paper bags, cereal boxes, egg cartons, and similar materials, but not waxed. No pizza boxes or other greasy boxes.
CATAny feline, regardless of age or sex.
CENTRAL STATION, ALARM SYSTEMSAn office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits.
CERTIFICATE OF APPROPRIATENESSThe certificate issued by the Zoning Administrator approving alteration, rehabilitation, construction, reconstruction or demolition of a historic building, structure, landscape, or site or any improvement in a locally designated historic district.
CERTIFICATE OF COMPLIANCE, FLOODPLAINA certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this code.
CERTIFIED SURVEY MAPA map or plan of record of a land division, not a subdivision, meeting all the requirements of Section
236.34, Wis. Stats., and of this code of ordinance.
CHANNELA natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
CHARITABLE ORGANIZATIONIncludes any benevolent, philanthropic, religious, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such, including, for example, Boy Scouts, Girl Scouts, 4-H Clubs and school organizations.
CHURKINA round throwing knife consisting of several sharp points protruding from a rounded disc.
CLASS 2 PUBLIC NOTICEPublication of a public hearing notice under Chapter
985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two (2) consecutive weeks, the last at least seven (7) days prior to the hearing.
CLASS OF USERS, UTILITIESThe division of wastewater treatment customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial or governmental.
CLEAN WOODNatural wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
CLINICA building used by a group of doctors for the medical examination or treatment of persons on an outpatient or non-boarding basis only.
CLUBA building owned, leased or hired by a nonprofit association of persons who are bona fide members, the use of which is restricted to said members and their guests.
COLD WATER COMMUNITYSurface waters capable of supporting a community of cold-water fish and other aquatic life or serving as a spawning area for cold water fish species.
COLLECTION SEWERA sewer whose primary purpose is to collect wastewater from individual point source discharges.
COLLECTOR/HAULER, REFUSE AND RECYCLINGThe contractor or entity chosen by the Village Board to handle, transport, and dispose of the solid waste, recyclables and nonrecyclables generated in the Village, or the person or persons contracting with waste generators for these services, and will enforce preparation standards for recyclable materials as well as ensure community compliance with this source separation recycling program.
COLLECTOR SURFACE, SOLARAny part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. "Collector surface" does not include frames, supports and mounting hardware.
COLONYAn aggregate of honeybees in a hive consisting of workers but having one (1) queen and potentially many drones, including brood, combs, honey and the receptacle inhabited by the bees.
COMBINED SEWAGEA combination of both wastewater and stormwater or surface water.
COMBINED SEWERA sewer intended to receive both wastewater and stormwater or surface water.
COMMENCE OPERATIONS, CABLE SERVICEOperations shall be considered commenced when sufficient distribution facilities have been placed in use to offer full network service to at least twenty-five percent (25%) of the inhabitants of the Village.
COMMERCIALFor the retail or wholesale sale of goods or services.
COMMERCIAL MOTOR VEHICLEA motor vehicle designed or used to transport passengers or property and having one or more of the following characteristics:
(1) The vehicle is a single vehicle with a gross vehicle weight rating of 26,001 or more pounds or the vehicle's registered weight or actual gross weight is more than 26,000 pounds.
(2) The vehicle is a combination vehicle with a gross combination weight rating, registered weight or actual gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.
(3) The vehicle is designed to transport or is transporting the driver and fifteen (15) or more passengers. If the vehicle is equipped with bench-type seats intended to seat more than one (1) person, the passenger carrying capacity shall be determined under Section
340.01(31), Wis. Stats., or, if the vehicle is a school bus, by dividing the total seating space measured in inches by thirteen (13).
(4) The vehicle is transporting hazardous materials.
COMMERCIAL SATELLITE EARTH INSTALLATIONAn antenna, usually parabolic in shape, designed and intended for transmitting or receiving television, radio or microwave signals to or from earth satellites, that is two (2) meters or less in diameter and is located in a commercial or industrial district, except those portions of a site where most land uses are prohibited or severely restricted, such as, for example, street areas, utility easements, and visibility triangles.
COMMERCIAL TRAILERA vehicle for transporting commercial goods. Usually associated with a semi-truck.
COMMERCIAL USER, UTILITIESFor the purpose of the user charge system, a user engaged in the purchase or sale of goods, or in a transaction or business, or who otherwise renders a service.
COMMERCIAL WASTEWaste of whatever material generated by any industrial or business establishment where any trade, occupation, industry or commerce is conducted.
COMMUNITY DUMPSTERThe dumpster or container maintained by the Village located at the Village dump site for use by Village residents.
COMMUNITY LIVING ARRANGEMENTThe following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under Section
48.60, Wis. Stats., foster homes and group homes for children under Section
48.02(6) and
(7), Wis. Stats., and community-based residential facilities under Section
50.01, Wis. Stats., but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including Sections 46.03(22), 59.69(15) and 62.23(7)(i) and (7a), Wis. Stats., and amendments thereto and the Wisconsin Administrative Code.
COMPATIBLE POLLUTANTBiochemical oxygen demand (BOD), suspended solids (SS), pH, and fecal coliform bacteria, plus additional pollutants identified in the National Pollutant Discharge Elimination System (NPDES) permit, if the publicly owned treatment works was designed to treat such pollutants and, in fact, does remove them to a substantial degree.
COMPLETED, CABLE SERVICEOperations shall be considered completed when sufficient distribution facilities have been placed in use to offer full network service to one hundred percent (100%) of the inhabitants in the initial area.
COMPREHENSIVE PLANThe Comprehensive Plan for guiding and shaping the growth and development of the Village of Belleville, including all the component parts, as prepared by the Plan Commission and certified to the Village Board.
CONDITIONAL USEA use which is permitted by this code of ordinance provided that certain conditions specified in this code are met and that a permit is granted by the Plan Commission.
CONNECTED IMPERVIOUSNESSAn impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.
CONSTRUCTION EQUIPMENTHeavy equipment used primarily for commercial, landscaping or industrial uses, including but not limited to trucks of all types exceeding 12,000 pounds gross vehicle weight, farm/industrial tractors, skid-steer loaders, end loaders, excavating equipment, backhoes, trenching machinery, commercial-type lawn mowers, graders, bulldozers, etc.
CONTAINER GLASSIncludes container glass only. "Glass" does not include ceramic cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant glass such as Pyrex, ® lead-based glass such as crystal, or television tubes.
CONTRACTED PROFESSIONAL, FINANCE RELATEDVillage Attorney, Village Prosecutor, Village Employment Attorney, Village Engineer, Village Zoning Administrator/Planner, Village Building Inspector, Village Bond Counsel, Village Financial Advisor, or any other professional service provider who invoices the Village for work performed.
CORPORATE LIMITSThe boundary and extent of area under the jurisdiction of a municipal corporation. The corporate limits are extended or reduced by annexation and detachment, respectively.
COURT, BUILDING DESIGNAn open, unoccupied space other than a yard, on the same lot as a building, and which is bounded on two (2) sides by the building.
CRAWLWAYS or CRAWL SPACEAn enclosed area below the first usable floor of a building, generally less than five (5) feet in height, used for access to plumbing and electrical utilities.
CROSS-CONNECTION, WATER UTILITYAny physical connection or arrangement between two (2) otherwise separate systems, one (1) of which contains potable water from the Village of Belleville water system and the other water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two (2) systems.
CRUELCausing unnecessary and excessive pain or suffering or unjustifiable injury or death.
CURBThe back edge or curb and gutter along a paved street or where one would be if the street was paved and had curb and gutter.
CURB BREAKAny interruption or break in the line of a street curb to connect a driveway to a street or otherwise to provide vehicular access to abutting property.
CURB LEVELThe level of the established curb in front of the building measured at the center of such front.
CUSTODIAN, RECORDSThat officer, department head, division head, or employee of the Village designated under ordinance or otherwise responsible by law to keep and preserve any Village records or file, deposit or keep such records in his or her office, or who is lawfully in possession or entitled to possession of such public records and who is required by this Code of Ordinance to respond to requests for access to such records.
DAY, BUSINESSA period of time generally accepted as the normal operating hours of the Village Hall excluding holidays.
DAY-CARE CENTERA place or home which provides care for four (4) or more children under the age of seven years (7) for less than twenty-four (24) hours a day and is licensed as provided for in Section
48.65, Wis. Stats.
DECIDUOUS MATERIALSYard wastes such as leaves, grass clippings, flowers and other similar vegetation, but specifically excludes sod, dirt, twigs, fruit, vegetables and other similar material. Also included are clean woody vegetative material no greater than six (6) inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.
DECKAn unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation.
DEMOLITION WASTEThat portion of solid waste from the repair, remodeling, construction or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt, plaster, conduit, pipe, wire, insulation, and other materials resulting from the demolition of buildings and improvements.
DEPOSITED, FINANCIALPlacing funds in control of the Village, and if said deposit is in the form of a bank check, deposit shall not be deemed collected within this definition until the applicable rules of the bank's collection procedures are fulfilled.
DEPRECIATION, FINANCIALAn annual operating cost reflecting capital consumption and obsolescence (reduction of future service potential) of real and personal properties.
DETACHED TRUCK TOPPERA removable top or cap intended to cover the cargo portion of a truck or vehicle. When the truck topper is not attached to the truck, it is a detached truck topper.
DEVELOPED PROPERTYA property shall be considered developed if:
(1) A certificate of occupancy has been issued for a building or structure on the property or, if no certificate of occupancy has been issued, upon substantial completion of construction or final inspection; or
(2) Construction of an improvement on the property is at least fifty percent (50%) completed and such construction has ceased for a period of at least three (3) months, whether consecutive or not.
DEVELOPMENTAny of the following activities:
(1) Structural development, including construction of a new building or other structure;
(2) Expansion or alteration of an existing structure that results in an increase in the ground surface dimensions of the building or structure;
(3) Land disturbing activities; or
(4) Creation or expansion of impervious surfaces.
DEVELOPMENT, FLOODPLAINAny 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.
DEVELOPMENT PLANA total site plan for an area of land forty (40) acres or more in size under the control of a developer(s) at the time of submission for review. Said plan specifies and illustrates the location, relationship and nature of all uses, easements, streets, pedestrian paths, common open space and other public ways.
DIRECT COSTThe actual cost of personnel plus all expenses for paper, copier time, depreciation and supplies.
DISPOSITION, DISPOSALPhysical destruction of obsolete records by shredding, burning or, in the case of electronic records, by deleting them from a computer hard drive and reformatting or destroying a tape/disk.
DISASSEMBLED, INOPERABLE, JUNKED, OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, OR TRAILERSMotor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways or which are otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
DISORDERLY CONDUCT, MOTOR VEHICLESEngaging in violent, abusive, unreasonably loud conduct, or disturbing or endangering the property or the safety of another's person or property, or otherwise disorderly conduct, including but not limited to unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of engine, blowing the horn, causing the engine to backfire or causing the vehicle, while commencing to move or in motion, to raise one or more wheels off the ground.
DISSOLVED SOLIDSThe concentration of matter in the sewage consisting of colloidal particulate matter one (1) micron in diameter or less and both organic and inorganic molecules and ions present in solution.
DOGAny canine, regardless of age or sex.
DOMESTIC LEVEL USER OR RESIDENTIAL USER, UTILITIESFor the purpose of the user charge system, a user whose premises or building is used primarily as a domicile for one or more persons and whose wastes originate from the normal living activities of its inhabitants.
DRAINAGE SYSTEMLand treatments, including channels, drainageways, streets, overland flow paths, inlets, piping, gutters, channels, ditching, pumping, and/or other facilities designed to direct stormwater drainage to stormwater structural measures.
(1) DRAINAGE SYSTEM, MAJORComponents of the drainage system designed to accommodate post-development runoff more than that resulting from a ten (10)-year storm event. Major drainage system components include large drainageways and streets.
(2) DRAINAGE SYSTEM, MINORComponents of the drainage system designed to accommodate post-development runoff up to and including the runoff resulting from a ten (10)-year storm event. Minor drainage system components include inlets, piping, gutters, channels, ditching and pumping facilities.
DRAINAGEWAYAny natural or artificial watercourse (including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, swales or washes) in which stormwater flows in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.
DRIVEWAYA surfaced vehicle access from private property to a public street.
DROPOUTA child who ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under Section
118.15(1)(b) to
(d) or
(3), Wis. Stats.
DRYLAND ACCESSA 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.
DWELLING, ELDERLYA building, or portion thereof, designed, designated and used exclusively by a person who is fifty-five (55) years of age or older or a family the head of which or spouse is fifty-five (55) years of age or older.
DWELLING, GROUPA group of two (2) or more multifamily dwellings occupying a lot in one (1) ownership with any two (2) or more dwellings having any yard or court in common.
DWELLING, MULTIFAMILYA building or portion thereof used or designated as a residence for three (3) or more families as separate housekeeping units, including apartments, attached townhouses and condominiums.
DWELLING, SINGLE-FAMILYA detached building designed, arranged or used for and occupied exclusively by one (1) family and shall include specially designed buildings covered by earth.
DWELLING, TWO (2)-FAMILYA building designed, arranged or used for, or occupied exclusively by, two (2) families living independently of each other.
DWELLING UNITA building or portion thereof used exclusively for human habitation, including single (1)-family, two (2)-family and multifamily dwellings, but not including hotels, motels or lodging houses.
EASEMENTAn acquired legal right, less than fee simple, for the specific use of land owned by others.
EFFECTIVE INFILTRATION AREAThe area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.
EMERGENCY MANAGEMENTAll measures undertaken by or on behalf of the Village to:
(1) Prepare for and minimize the effect of natural or man-made disaster upon the civilian population.
(2) Undertake measures by or on behalf of the state and its subdivisions to prepare for and minimize the effect of enemy action upon the civilian population.
(3) Effectuate emergency repairs to, or the emergency restoration of, vital public utilities and facilities destroyed or damaged by such action or disaster.
EMERGENCY SHELTERSPublic or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots or invasions.
EMPLOYEE, VILLAGEAny person meeting the qualifications of "employee" as listed in the Village of Belleville Administrative Policy and Procedure Manual.
ENFORCEMENT ACTIONArrest, the issuance of a citation, the issuance of a verbal or written warning.
ENVIRONMENTAL CONTROL FACILITYAny 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 and 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.
EQUIPMENTThe implements used in an operation or activity.
EQUIVALENT RUNOFF UNIT (ERU)The basic unit by which the Stormwater Utility charge is calculated under this code. It is the statistical average horizontal impervious area of residential living units within the Village of Belleville on the date of the establishment of the Stormwater Utility. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways, sidewalks, pavement, gravel, compacted clay, and loading docks.
EROSION, SOILThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EVERGREEN TREEA plant which has foliage that remains green and functional throughout the year.
EVIDENCEAny item received by the department which may be necessary to assist in the prosecution of a criminal or ordinance violation.
EXCAVATIONAny act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the resulting conditions.
EXISTING DEVELOPMENTBuildings and other structures and impervious area existing prior to the passage of this Code of Ordinances.
EXTERIOR PROPERTY AREASThe open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATIONThe control and elimination of insects, rodents, or other pests by:
(1) Eliminating their harborage places.
(2) Removing or making inaccessible materials that may serve as their food.
(3) Poison spraying, fumigating, trapping or by any other approved pest elimination methods.
FALSE ALARM, ALARM SYSTEMSThe activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his or her employees or agents or other undetermined cause. "False alarm" does not include alarms caused by tornadoes or other violent climatic conditions.
FAMILYOne (1) or more persons living together as a single housekeeping unit with a common kitchen, in a manner consistent with typical domestic arrangements. Nothing in this definition shall be construed to limit reasonable accommodations required by state or federal fair housing laws or to conflict with occupancy limits adopted elsewhere in this Code.
FAMILY DAY-CARE, HOMEA dwelling licensed as a day-care center by the Department of Children and Families under Section
48.65, Wis. Stats., where care is provided for not more than eight (8) children.
FARMLand consisting of five (5) acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
FARM TRACTORA motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other husbandry implements.
FARM TRAILERA trailer or semitrailer with a gross weight greater than 3,000 pounds which is owned or leased and operated by a farmer and is used exclusively for the transportation of farm products from the owner's farm to market or for the transportation of supplies to the owner's farm.
FARM ANIMALAny warm-blooded animal normally raised on farms in the United States and used for food or fiber.
FECAL COLIFORMAny number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
FENCEAn enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress.
FENCE, BOUNDARYA fence placed on or within three feet of the property lines of adjacent properties.
FENCE, PICKETA fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.
FENCE, PROTECTIVEA fence constructed to enclose a hazard to the public health, safety and welfare.
FESTIVALAn outdoor gathering for a performance, celebration, commemoration, or other type of gathering open to the public, including but not limited to outdoor festivals, concerts, large social gatherings, flea markets, farmers, and other similar-type activities.
FILLAny act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location, shall include the resulting conditions.
FINANCIAL SECURITY INSTRUMENTA surety bond, performance bond, maintenance bond, irrevocable letter of credit, or similar guarantee submitted to the Village to assure that requirements of this Code of Ordinances are carried out in compliance with the relevant sections of Ordinance.
FIRE CHIEFThe Chief of the Belleville Fire District or other person authorized by the Fire Chief
FIREARMAny instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device or gunpowder.
FIXED HOUSEBOATAs defined in Section
30.01(1r), Wis. Stats., a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or poles attached to the bed of the waterway.
FLOATABLE OILOil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Village.
FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:
(1) The overflow or rise of inland waters;
(2) The rapid accumulation or runoff of surface waters from any source;
(3) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or
(4) 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.
FLOOD FREQUENCYThe probability of a flood occurrence as determined by statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on average once in a specified number of years or as a percentage chance of occurring in any given year.
FLOOD FRINGEThat 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.
FLOOD HAZARD BOUNDARY MAPA 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.
FLOOD INSURANCE RATE MAP (FIRM)A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
FLOOD INSURANCE STUDYA 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.
FLOODPLAINLand which has been or may be covered by floodwater during the regional flood. It includes the floodway and the flood fringe and may include other designated floodplain areas for regulatory purposes.
FLOODPLAIN ISLANDA natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
FLOODPLAIN MANAGEMENTPolicy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
FLOOD PROFILEA 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.
FLOODPROOFINGAny 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.
FLOOD PROTECTION ELEVATIONAn elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see "freeboard.")
FLOOD STORAGEThose floodplain areas where storage of floodwaters has been considered during analysis in reducing the regional flood discharge.
FLOODWAYThe channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
FLYWAY BARRIERA natural or manmade obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans. Barriers may be fences and/or dense vegetation and are approximately six (6) feet in height.
FORBA broad-leaved herb other than a grass.
FORCE MAINA pipe in which wastewater is carried under pressure.
FORESTERThe person designated by the Village Board as the Village Forester.
FOSTER FAMILY HOMEThe primary domicile of a foster parent which is for four (4) or fewer foster children and which is licensed under Section
48.62, Wis. Stats., and amendments thereto.
FREEBOARDA 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.
FRONTAGEAll of the property abutting on one side of a street measured along the street line. On corner lots, frontage shall include all the property abutting both streets along the street lines.
FUNCTIONAL BETTERMENT, UTILITIESA process improvement in the increased size facilities or a process improvement in existing facilities that is directly anticipated to preclude physical betterments or is an indirect improvement to the process as a result of renewal on a cost-effective basis.
FUNCTIONAL OBSOLECENSE, UTILITIESThe process deficiency of a functional element of a plant beyond the capacity of a preventive maintenance program to such extent that a new process device or piece of equipment would be more cost-effective.
GARAGEA building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles.
GARAGE, PUBLICA building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as "gasoline stations" or "service stations."
GARBAGESolid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the commercial handling, storage and sale of produce.
GASOLINE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances and the sale of motor vehicle accessories and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.
GIFTThe payment or receipt of anything of value without valuable consideration.
GLASSGlass bottles, jars and containers and does not include window glass, drinking glasses, Pyrex, ® light bulbs or other non-container glass.
GOVERNING BODYThe Village Board of Trustees of the Village of Belleville.
GRADINGAltering the elevation of the land surface by stripping, excavating, filling, stockpiling of soil materials or any combination thereof, and including the land from which the material was taken or upon which it was placed.
GRADING ACTIVITY, SUBSTANTIALAny human activity or constructed environment that alters the elevations and/or extent and distribution of land cover types on a site may influence stormwater runoff and infiltration.
GRAFFITIGraffiti shall mean any drawing, inscription, writing, figure or mark made upon a wall or other exposed surface, including but not limited to any house, garage, rock, bridge, fence, gate, tree, monument, motor vehicle, sidewalk, street, lamp post, street sign, underpass or retaining wall, whether publicly or privately owned, with paint, chalk, dye, ink, pencil, wax or other similar substance or by etching, scratching, cutting, burning or carving without the express consent of the owner of said wall or another exposed surface.
GRANTEE, CABLE SERVICEAny person, firm, company, corporation, association or governmental entity to whom or to which a franchise is granted by the Village Board hereunder and the lawful successor or assignee of the same.
GRASS LAWNA lawn consisting primarily of Kentucky bluegrass, perennial rye grass, fescues, and/or other grasses generally associated with mowed and maintained grass lawns.
GREENWAYAn open area of land included under the definition of "parkway," the primary purpose of which is to carry stormwater on the surface of the ground in lieu of an enclosed storm sewer. Greenways may serve the following multiple public purposes in addition to their principal use, including but not limited to: vehicular and/or pedestrian traffic, sanitary sewers, water mains, storm sewers, stormwater retention basins, park development, and other related uses.
GROSS COMBINATION WEIGHT RATINGThe value specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load carried.
GROSS FLOOR AREAThe total area of all habitable space in a building or structure.
GROSS REVENUES, CABLE SERVICEAll revenue collected by the grantee arising from or attributable to the provision of cable service by the grantee within the Village, including but not limited to periodic fees charged subscribers for any basic, optional, premium, per-channel or per-program service; franchise fees; installation and reconnection fees; leased channel fees; converter rentals and/or sales; program guide revenues; late or administrative fees; upgrade, downgrade or other change in service fees; local advertising revenues; revenues from home shopping and bank at home channels; and revenues from the sale, exchange, use or cable cast of any programming developed on the cable communications system for community or institutional use; provided, however, that this shall not include any taxes on services furnished by the grantee herein imposed directly upon any subscriber or user by the state, local or other governmental unit and collected by the grantee on behalf of the governmental unit.
GROSS VEHICLE WEIGHT RATINGThe value specified by the vehicle manufacturer, including secondary or final stage manufacturer, as the loaded weight of a vehicle.
GROSS WEIGHTThe weight of the vehicle equipped for service plus the weight which the vehicle is carrying as a load.
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under Section
48.62, Wis. Stats., for the care and maintenance of five (5) to eight (8) foster children.
GULLY EROSIONA severe loss of soil caused by or resulting in concentrated flow of sufficient velocity to create a defined flow channel.
HABITABLE ROOMA room or enclosed floor space arranged for living, eating or sleeping purposes, not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways, and other accessory floor spaces.
HABITABLE SPACESpace in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
HARD SURFACE PARKING AREAHard surfaced parking areas shall be defined as having asphalt, concrete, paving brick, block, compacted gravel or limestone, or pervious pavers.
HEARING NOTICEPublication or posting meeting the requirements of Chapter
985, Wis. Stats. For appeals, a Class 1 notice, published once at least one (1) week (seven (7) days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven (7) days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
HEAVY TRAFFIC, WEIGHTShall be defined as:
(1) All vehicles not operating completely on pneumatic tires; and
(2) All vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 12,000 pounds.
HEAVILY DISTURBED SITEA site where an area of land is subjected to significant compaction due to the removal of vegetative cover or earthmoving activities, including filling.
HDPEHigh-density polyethylene plastic containers marked by the SPI Code No. 2.
HIGH FLOOD DAMAGE POTENTIALDamage 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.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC DISTRICTAn area designated by the Village Board based on the recommendation of the Plan Commission which contains a significant concentration of buildings, structures, objects, and/or sites which are linked together historically or aesthetically.
HISTORIC PROPERTYAny parcel of land of substantial historic or prehistoric significance which has been designated as a historic property under this Code of Ordinances and includes any improvements and any abutting parcel and improvements or part thereof used as and constituting part of the historic property.
HISTORIC STRUCTUREAny structure that is either:
(1) 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;
(2) 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;
(3) 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
(4) 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.
HIVEA structure containing a colony of honeybees.
HOME OCCUPATIONAny business or profession carried on in a residence in accordance with the provisions of the Village Zoning Code.
HONEYBEEAll stages of the common domestic honeybee, Apis mellifera species.
HOTELA building occupied as the temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than six (6) sleeping rooms, usually occupied singly, and no provision is made for cooking in the individual apartments.
HOUSEHOLD SHARP MEDICAL WASTEAny type of product capable of puncturing or lacerating the skin that is designed or used to treat, diagnose, or prevent a disease or medical condition, including but not limited to scalpels and hypodermic needles.
HYDROLOGIC SOIL GROUP (HSG)Has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.
IMMEDIATE FAMILY(1) An individual's spouse; and
(2) An individual's relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than 1/2 of his or her support from the individual or from whom the individual receives, directly or indirectly, more than 1/2 of his or her support.
IMPERMISSIBLE INTERFERENCE, SOLAR SYSTEMSBlockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this code during a collector use period, if such blockage is by any structure or vegetation on property an owner of which was notified per ordinance. "Impermissible interference" does not include:
(1) Blockage by a narrow protrusion, vegetation, or other object which never obstructs more than five percent (5%) of the solar energy which would strike a solar collector during the collector use period on any given day.
(2) Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered.
(3) Blockage by any vegetation planted before the date the last notice is mailed or delivered.
(4) Blockage by any structure or vegetation which obstructs less solar energy from a solar collector during the collector use period than would be obstructed by a six-foot-high wall located along the northern boundaries of the property to the south of the solar collector.
IMPERVIOUS AREA/SURFACEA surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. The term includes, without limitation due to enumeration, all areas covered by structures, roof extensions, patios, porches, driveways, sidewalks, parking lots, pavement, gravel, compacted clay, and loading docks, all as measured on a horizontal plane.
IMPLEMENTSA device used in the performance of a task.
IMPROVEMENTAny building, structure, object, site or landscape constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs, and the like.
INCINERATORA device for burning waste substances in which the combustion factors: temperature, retention time, turbulence and combustion air, may be controlled.
INCREASE IN REGIONAL FLOOD HEIGHTA calculated upward rise in the regional flood elevation greater than 0.00 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.
INDUSTRIAL USER, UTILITIESIncludes manufacturing activities involving the mechanical or chemical transformation of materials or substances into other products. These activities occur in establishments usually described as plants, factories, or mills characteristically using power-driven machines or material handling equipment.
INFECTIOUS AGENTA bacterial, mycoplasmal, fungal, parasitic or viral agent known to cause illness in humans which is used, researched, produced or stored within or on premises.
INFESTATIONThe presence of insects, rodents, vermin or other pests within or contiguous to a structure or premises.
INFILTRATION, SEWER UTILITYThe water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. "Infiltration" does not include, and is distinguished from, inflow.
INFILTRATION or INFLOWThe total quantity of water from both infiltration and inflow without distinguishing the source.
INFILTRATION SYSTEMA device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices such as swales or roadside channels designed for conveyance and pollutant removal only.
INFLOWThe water discharged into a sanitary sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders; cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross-connections from storm sewers and/or combined sewers; catch basins; stormwater; surface runoff; street wash waters; or drainage. "Inflow" does not include, and is distinguishable from, infiltration.
INOPERABLE APPLIANCEAny stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
INOPERABLE VEHICLEA vehicle which is incapable of operation or use, or which has no resale value except as a source of parts or scrap.
INTERCEPTOR SEWERA sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
INTERCONNECT, ALARM SYSTEMSTo connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
JUNKYARDAn open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. "Junkyard" also includes an auto wrecking yard but does not include uses established entirely within enclosed buildings.
KARST FEATUREAn area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
KENNELAny establishment wherein or whereon dogs and/or cats are kept for the purpose of show, sale, boarding or breeding.
LAND DISTURBING ACTIVITIESAny land alterations or disturbances that may result in soil erosion, sedimentation, or change in runoff, including but not limited to removal of ground cover, grading, excavating, and filling of land.
LAND DISTURBING ACTIVITIES, MINORLand disturbing activities where all the following conditions exist:
(1) The site does not exceed 20,000 square feet in area;
(2) Soil on slopes steeper than six percent (6%) will be disturbed for less than fifteen (15) days; and
(3) Soil on slopes less than six percent (6%) will be exposed for less than six (6) months.
LAND DIVISIONThe division of a lot or parcel of land for the purpose of transfer of ownership or building development, where the act of division creates two (2) or more parcels, lots or building sites, any one (1) of which is fifteen (15) acres or less in area. The successive land division of a lot or parcel shall not create more than two (2) parcels in any five (5)-year period.
LAND USEAny nonstructural use made of unimproved or improved real estate. (Also see "development.")
LANDOWNERAny person holding title to or having an ownership interest in land.
LAW ENFORCEMENT OFFICERHas that meaning as appears in Section
967.02(5), Wis. Stats., and includes a humane officer under Section
173.03, Wis. Stats., but does not include a conservation warden appointed under Section
23.10, Wis. Stats.
LDPELow-density polyethylene plastic containers marked by the SPI Code No. 4.
LEAD ACID BATTERIESAutomotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry cell (flashlight) batteries or batteries used in calculators, watches, hearing aids or similar devices.
LEGAL CUSTODIANThe individual responsible for maintaining records pursuant Section 19.33, WI Stats.
LIBRARYAny public library, library of an educational or historical organization or society or museum, and specifically the public libraries within the Village of Belleville and Belleville School District.
LIBRARY MATERIALIncludes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, or other tapes, artifacts or other documents, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library.
LIGHTLY DISTURBED SITEA site where an area of land is subjected to minor compaction due to the limited removal of vegetative cover or earthmoving activities.
LIVING UNITA room or group of rooms, including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.
LOADING AREAA completely off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.
LOCAL ADVERTISING REVENUES, CABLE SERVICELocal and regional advertising revenues derived from the sale of locally and regionally inserted advertising, except such advertising sold by or through the grantee's national representative firm.
LOCAL PUBLIC OFFICE(1) An elective office of a local government.
(2) A county administrator or administrative coordinator or a city or village manager/administrator.
(3) An appointive office or position of a local government in which an individual serves for a specified term, except a position limited to the exercise of ministerial action or a position filled by an independent contractor.
(4) An appointive office or position of a local government which is filled by the governing body of the local government or the executive or administrative head of the local government and in which the incumbent serves at the pleasure of the appointing authority, except a clerical position, a position limited to the exercise of a ministerial action, or a position filled by an independent contractor.
LOITERTo sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
LOTA parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this Code of Ordinances.
LOT, CORNERA lot abutting two (2) streets. Each side of a yard abutting a street shall be considered a front yard.
LOT, LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT, REVERSED CORNERA corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGHA lot having a pair of opposite lot lines along two (2) or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT, WIDTHThe width of a parcel of land measured at the rear of the specified street yard. For corner lots, lot width is measured by the shortest rear yard.
LOT, ZONINGA single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control.
LOWEST ADJACENT GRADEElevation of the lowest ground surface that touches any of the exterior walls of a building.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of
44 CFR. 60.3.
MACHINERYMachines in general or as a functioning unit; a mechanically, electrically, or electronically operated device for performing a task.
MAGAZINESMagazines and other materials printed on similar paper.
MAINTENANCEThe act or process of restoring to original soundness, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
MAINTENANCE, FLOODPLAINThe 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.
MAJOR APPLIANCESA residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater, furnace, boiler, dehumidifier, or any other item commonly referred to as a "white good."
MAJOR OVERHAULThe repair, alteration or restoration of a motor vehicle that involves the removal of the paint or major parts of the disassembly of major parts of a motor vehicle, including, without limitation because of enumeration, the following major parts:
(4) Interior equipment necessary for the operation of the vehicle.
MANUAL HOLDUP ALARM SYSTEMAn alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer thereof.
MANUFACTURED HOMEAny of the following:
(1) 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 42 U.S.C. Sections
5401 to
5425.
(2) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
MANUFACTURED HOME, FLOODPLAINA structure transportable in one (1) 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."
MARQUEEA permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against weather.
MAXIMUM EXTENT PRACTICABLE (MEP)A level of implementing best management practices to achieve a performance standard specified in this code which takes into account the best available technology, cost-effectiveness and other competing issues, such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. Maximum extent practicable (MEP) allows flexibility in the way to meet performance standards and may vary based on the performance standard and site conditions.
MEANDERA curve in the course of a river which continually swings from side to side in wide loops as it progresses across flat country.
MERCHANDISEIncludes personal property of any kind and shall include merchandise, goods, or materials provided incidental to services offered or sold. The sale of merchandise includes donations required by the seller for the retention of merchandise by a donor or prospective customer.
METAL CANSTin-coated steel cans, bimetal cans, and aluminum cans used for food and other nonhazardous materials, but excluding aerosol cans and cans that held paint, paint-related products, pesticides or other toxic or hazardous substances.
MINISTERIAL ACTIONAn action that an individual performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to the exercise of the individual's own judgment as to the propriety of the action being taken.
MINOR REPAIR, RESIDENTIALRepair performed for maintenance or replacement purposes on any existing one (1)- or two (2)-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.
MIXED PAPERSIncludes all grades of papers, including white, colored, ledger, shiny, coated, carbonless or NCR papers; envelopes, including windowed, labeled, and kraft; magazines, phone books, computer printout paper, glued pads and tablets, file folders, key punch cards, spiral notebooks, cereal boxes, shoe boxes, etc. Can include paper clips and staples. Does not include hand towels or other paper products from rest rooms or soiled napkins and paper plates. Also does not include carbon paper, cellophane, or any waxed paper.
MOBILE HOMEA 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 un-collapsible construction, which has an overall length in excess of forty-five (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.
MOBILE/MANUFACTURES HOME PARK OR SUBDIVISION (EXISTING)A parcel of land, divided into two (2) 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 code of ordinances. 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.
MOBILE/MANUFACTURES HOME PARK, EXPANSION OF EXISTINGThe 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.
MOBILE RECREATIONAL VEHICLEA vehicle which is built on a single chassis, four hundred (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."
MODEL, CORRECTED EFFECTIVEA 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.
MODEL, EFFECTIVEThe hydraulic engineering model that was used to produce the current effective Flood Insurance Study.
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.
MODEL, PROPOSED (POST-PROJECT)A modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect proposed or post-project conditions.
MOTELA series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.
MOTOR BICYCLEA bicycle to which a power unit that is not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than thirty (30) miles per hour with a one hundred fifty (150)-pound rider on a dry, level, hard surface with no wind and having a seat for the operator. “Motor bicycle” does not include an electric bicycle.
MOTOR FREIGHT TERMINALA building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
MOTOR VEHICLEAs defined in Section
340.01(35), Wis. Stats. Any vehicle which is self-propelled and shall include but not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes, go-karts, motorized three-wheeled vehicles, all-terrain vehicles, mopeds, snowmobiles, dune buggies and tractors. "Motor vehicle" shall not mean any airplane, railroad train, boat, wheelchair or bicycle. A vehicle which would otherwise be defined as a motor vehicle under this section shall not be so defined while it is being operated:
(1) Solely for the purpose of construction or maintenance of an improvement to land or solely for access to construction or maintenance sites, provided that such operation is by persons having legitimate business on such lands or sites.
(2) By or at the direction of public employees or utility company employees as part of their employment duties.
(3) By the holder of an easement or right of access on or over the land on which operation is occurring or the holder's employees or agents.
MUNICIPALITY or MUNICIPALThe county, city or village governmental units enacting, administering, and enforcing this Code of Ordinance.
NATURAL LANDSCAPEAny land managed to preserve or restore primarily native Wisconsin grasses, forbs, wildflowers, shrubs, trees, and aquatic plants. Some species may be designed and purposefully cultivated to exceed eight (8) inches in height from the ground. Specifically excluded from natural landscapes are the noxious grasses and weeds identified in this Code.
NATURAL LANDSCAPE MANAGEMENT PLANA written plan relating to the management and maintenance of a lawn which contains a legal description of the lawn upon which the planted grass will exceed eight (8) inches in height, a statement of intent and purpose for the lawn, a detailed description of the vegetational types, plants and plant succession involved, and the specific management and maintenance techniques to be employed.
NATURAL OUTLETAny outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NAVIGABLE WATERSLake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all 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. Under Section
281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Sections
61.351 and
62.231, Wis. Stats., and Chapter
NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
(1) Such lands are not adjacent to a natural navigable stream or river;
(2) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3) Such lands are maintained in nonstructural agricultural use.
NEUTEREDAs used herein describing a dog or cat shall mean a dog or cat having nonfunctional reproductive organs.
NEW CONSTRUCTION, FLOODPLAINStructures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures.
NEWSPRINTThat portion of newspapers (newspapers and advertising circulars normally accompanying newspapers) or periodicals and advertising circulars printed on newsprint which remains in substantially original condition at the time of disposal such that the material is suitable for commercial-grade recycling. "Newsprint" does not include the paper commonly used in the production of magazines, books, and other physical media for written material or paper which is not suitable for recycling purposes or is in a state which makes separation unreasonable or unduly expensive, for reasons which include, but are not limited to, the following:
(1) The paper has been put to another use, such as wrappings for other wastes, and is thus rendered unfit for commercial recycling.
(2) The paper is no longer flat and folded to the approximate dimensions of its original condition.
(3) The paper is mixed in with commercial or municipal litter or refuse resulting from the failure of citizen or business invitees to separate newspapers from other discarded materials outdoors or in publicly accessible areas of buildings.
(4) The paper has been damaged or altered by any other means to make recycling impossible or unduly difficult.
NONCONFORMING BUILDING OR STRUCTUREAny building or structure which does not comply with all of the regulations of this code of ordinances or any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.
NONCONFORMING STRUCTURE, FLOODPLAINAn existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this Code of Ordinances for the area of the floodplain which it occupies. (For example, an existing residential structure in the flood fringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
NONCONFORMING USE, FLOODPLAINAn existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this Code of Ordinances for the area of the floodplain which it occupies (such as a residence in the floodway).
NONEROSIVE VELOCITYA rate of flow of stormwater runoff, usually measured in feet per second, that does not erode soils. Nonerosive velocities vary for individual sites, considering topography, soil type, and runoff rates.
NON-FLOOD DISASTERA fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.
NONRESIDENTIAL PROPERTYA lot or parcel of land, with improvements such as a building, structure, other impervious area as defined in this section, grading or substantial landscaping, which is not exclusively residential as defined herein, including but not limited to commercial, industrial, institutional, mixed-use, and governmental property, and excluding publicly owned right-of-way and publicly owned or privately owned rail beds.
NORMAL DOMESTIC STRENGTH SEWAGEWastewater or sewage having an average daily suspended solids (SS) concentration of not more than two hundred and fifty (250) milligrams per liter and an average daily BOD of not more than two hundred (200) milligrams per liter.
NUISANCEUnnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the Village of Belleville.
NUISANCE ACTIVITYAny of the following activities, behaviors, or conduct occurring on a premises within the Village:
(1) An act of harassment, as defined in Section
947.013, Wis. Stats.
(2) Disorderly Conduct, as defined in Section
947.01, Wis. Stats.
(3) Battery, substantial battery, or aggravated battery, as defined in Section
940.19, Wis. Stats.
(4) Lewd and lascivious behavior, as defined in Section
944.20, Wis. Stats.
(5) Prostitution, as defined in Section
944.30, Wis. Stats.
(6) Theft, as defined in Section
943.20, Wis. Stats.
(7) Receiving Stolen Property, as defined in Section
943.34, Wis. Stats.
(8) Arson, as defined in Chapter
961, Wis. Stats.
(9) Gambling, as defined in Section
945.02, Wis. Stats.
(10) Animal Violations, as defined in this Code.
(12) Any Conspiracy to commit, as defined in Section
939.31, Wis. Stats. or attempt to commit, as defined in Section
939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsections
(1) through
(18) of this definition.
(13) The execution of arrest or search warrants at a particular location.
(14) Alcohol violations as defined in Chapter
10 of this code, and Section
125.07, Wis. Stats.
(15) Obstructing or resisting an officer, as defined in Section
946.41, Wis. Stats.
(16) Village of Belleville inspection related calls where the Police Department responds.
(18) Other nuisance provisions listed and/or defined in Chapter
19 or
25 of the Village of Belleville Code of Ordinances.
NUM-CHUK or NUNCHAKUAn instrument consisting of two (2) or more sticks, clubs, or rods connected by a rope, cord, wire, or chain.
NURSERYAny building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
NURSING HOMEAny building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
OBSTRUCT, SIDEWALKTo interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel or placing any object or vehicle whatsoever on such sidewalk.
OBSTRUCTION TO FLOWAny 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.
OCCUPANTAny person living or sleeping in a building or having possession of a space within a building.
OFF ROADAny location which:
(1) Is not a paved or maintained public street or alley;
(2) Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
(3) Is a private trail for use only by the owner or his or her permittees for recreational or other vehicular use.
(4) "Off road" shall not include any creek bed, riverbed or lake; provided, however, that this definition shall not apply to snowmobiles or other vehicles being operated on the ice covering such creek bed, riverbed or lake.
OFFICIAL FLOODPLAIN ZONING MAPThat map, adopted and made part of this chapter, as described in Section 13.011(4)(a), which has been approved by the Department of Natural Resources and FEMA.
OFFICIAL MAPThe map indicating the location, width and/or extent of existing and proposed streets, highways, parkways, parks and playgrounds, as adopted by the Village Board pursuant to Section
62.23(6), Wis. Stats.
OPEN BURNINGKindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chimney.
OPEN SPACE USEThose uses having a relatively low flood damage potential and not involving structures.
OPENABLE AREAThat part of a window or door which is available for unobstructed ventilation, and which opens directly to the outdoors.
OPERATING AND MAINTENANCE COSTS, UTILITIESIncludes all costs, direct and indirect, not including debt service, but inclusive of expenditures attributable to administration, replacement of equipment, and treatment and collection of wastewaters, necessary to ensure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long-term facility management.
OPERATION, MOTOR VEHICLEThe physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
ORDINARY HIGH-WATER MARKThe point on the bank or shore 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.
ORGANIZATIONAny corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust, or other legal entity other than an individual or body politic.
OTHER PAPERAll paper excluding newsprint materials or materials specifically excepted in the definitions of "newsprint" and "cardboard," but shall include grades of fiber materials with available markets for recycling.
OVERSIZE AND BULKY WASTELarge items such as furniture, mattresses, carpeting, construction or demolition materials of substantial dimensions, brush and other large items whose proportions are not easily reduced.
OVERSIZED COMMERCIAL MOTOR VEHICLEA motor vehicle greater than ten (10) feet high or eight (8) feet wide or greater than ten thousand (10,000) pounds gross vehicle weight (GVW) when empty. Commercial vehicles are used for commercial use rather than private use.
OWNER, PETAny person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of ten (10) days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this Ordinance.
OWNER, REAL PROPERTYThe holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his or her interest. The personal representative of at least one owner shall be considered an owner.
PARCELContiguous lands under the control of a subdivider(s), not separated by streets or highways.
PARKAll grounds, structures and water courses which are or may be located within any area dedicated to the public use as a park, parkway, recreation facility, playground, swimming pool or conservancy area in the Village.
PARK OR PARKING, VEHICLESThe halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while engaged in loading or unloading property or passengers.
PARKING AREA, SEMIPUBLICAn open area other than a street, alley, public right-of-way, or place used for temporary parking of more than three self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACEAn off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PARKWAYAny right-of-way for vehicular or pedestrian traffic, or both, with full or partial control of access and usually located within a park or a ribbon of park-like development. Said parkway may include greenways required for stormwater drainage purposes where the drainage improvement is to include park-like treatment and where pedestrian or vehicular travel may be permitted.
PEAK FLOWThe maximum rate of flow of water at a given point in a channel, watercourse, or conduit resulting from the predetermined storm or flood.
PERMANENT MERCHANTAny person who, for at least one (1) year prior to the consideration of the application of this Code to said merchant:
(1) Has continuously operated an established place of business in the Village; or
(2) Has continuously resided in the Village and now does business from his/her residence.
PERMITAny permission cited in this code for which an applicant must apply and be granted prior to carrying out their desired actions.
PERSON, FLOODPLAINAn individual, or group of individuals, corporation, partnership, association, municipality, or state agency.
PERSONAL PROPERTY, UTILITIESFor the purpose of the user charge system, all equipment owned by the Village and used in the transport and treatment of sewage. Such equipment must be mechanical, electronic, or electrical or have movable parts.
PERSONAL WIRELESS SERVICESCommercial mobile telecommunications services, unlicensed wireless telecommunications services, and common carrier wireless telecommunications exchange access services.
PERSONAL WIRELESS SERVICE ANTENNA TOWERAny structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one (1) or more personal wireless services antennas, including but not limited to self-supporting lattice towers, guy towers, or monopole towers.
PERVIOUS SURFACEAny land cover that permits rain or melting snow to soak into the ground.
PETAn allowable domesticated or tamed animal kept for companionship or pleasure.
PETEPolyethylene terephthalate plastic containers marked by the SPI Code No. 1.
pHThe term used to express the intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
PHYSICAL BETTERMENTThe expansion of physical facilities to increase capacity of the treatment works.
PHYSICAL OBSOLESCENCEThe material deficiency of a functional element of a treatment plant to a point that repair as normal or preventive maintenance is not cost-benefit effective.
PLACEAn open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLAN REVIEW OFFICER, PLANNING AND ZONINGThe municipal staff, agency or contracted entity charged by the local unit of government with responsibility for reviewing land divisions, certified survey maps or subdivision plats, or any combination thereof, under Chapter
236, Wis. Stats.
PLANNED RESIDENTIAL DEVELOPMENTA tract of land which contains or will contain two (2) or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PLANNED UNIT DEVELOPMENT (PUD)An area of land intended to permit developments that will, over a period of time, be enhanced by coordinated site planning, diversified location of structures and/or mixing of compatible uses.
PLASTIC BOTTLESIncludes only plastic bottles clearly marked with the recycling emblem encircling No. 1 (PET or PETE) or No. 2 (HDPE). Does not include motor oil bottles, even if they are labeled No. 1 or No. 2.
PLATA map of a subdivision.
PLAT, FINALThe map or plan of record of a subdivision and any accompanying material as required in Sections
15.033 and
15.043.
PLAT, PRELIMINARYA map delineating the features of a proposed subdivision or land division as described in Section
15.041, submitted to the Plan Commission for preliminary consideration prior to the final plat and, when required, prior to a land division.
PLAY VEHICLEA coaster, skateboard, roller skates, sled, toboggan, unicycle or toy vehicle upon which a person may ride. Does not include in-line skates or electric scooters.
PLUMBING or PLUMBING FIXTURESWater heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes washing machines or other similar equipment, catch basins, drains, vents or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines.
POSTCONSUMER WASTESolid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Section
291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Section
289.01(17), Wis. Stats.
POST DEVELOPMENT, STORMWATERRefers to the extent and distribution of land cover types anticipated to occur under conditions of full development of the submitted plan. This term is used to match pre- and post-development stormwater peak flows as required by this code.
PREDEVELOPMENT, STORMWATERRefers to the extent and distribution of land cover types present before the initiation of the proposed land development activity, assuming that all land uses prior to land disturbing activity are in "good" condition as described in the Natural Resources Conservation Service Technical Release 55, Urban Hydrology for Small Watersheds (commonly known as "TR-55"). This term is used to match pre-and post-development stormwater peak flows as required by this chapter. In a situation where cumulative impervious surface created after August 21, 2001, exceeds the threshold of 20,000 square feet, the predevelopment conditions shall be those prior to the proposed land disturbance.
PREMISESAn individual dwelling unit, an multi-family structure (all units included in one premises), or an individual business premises and associated common areas.
PREPARATION STANDARDS, RECYCLINGCriteria provided establishing acceptable good faith limits for introduction of materials into the source separation recycling program involving either transport to a material recycling center or temporary storage of such materials.
PRETREATMENTThe treatment of industrial sewage from privately owned industrial sources by the generator of that source prior to introduction of the waste effluent into a publicly owned treatment works.
PRINCIPAL STRUCTUREThe main or primary structure of a property. In the case of a farm, the residence is the principal structure on the property.
PRIVATE NUISANCEA condition that interferes with the ordinary comfort, use or enjoyment of the property of another.
PRIVATE SEWAGE SYSTEMA sewage treatment and disposal system serving one (1) 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 (1) structure, or a system located on a different parcel than the structure.
PROPERTYAll forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a choice in action or other intangible rights.
PROPERTY, MOVEABLEProperty whose physical location can be changed, without limitation, including electricity and gas, documents which represent or embody intangible rights, and things growing on or affixed to or found in land.
PROPERTY OF ANOTHERIncludes property in which the actor is a co-owner and property of a partnership of which the actor is a member unless the actor and the victim are husband and wife.
PROPERTY OWNERIncludes the legal title holder and/or the beneficial owner of any lot according to most current Village or County records.
PSPolystyrene plastic containers marked by the SPI Code No. 6.
PUBLIC CONTRACTA contract for the construction, execution, repair, remodeling, or improvement of any public work or building or for the furnishing of materials or supplies, with an estimated cost greater than Twenty-Five Thousand Dollars ($25,000.00) pursuant to Section
62.15, Wis. Stats.
PUBLIC INDECENCYA person knowingly or intentionally, in a public place:
(1) Engages in sexual intercourse;
(2) Engages in deviant sexual conduct;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of another person.
PUBLIC NUISANCEA public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2) In any way render the public insecure in life or in the use of property.
(3) Greatly offend the public morals or decency.
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
PUBLIC NUISANCE OR HAZARD, FORESTRYAny tree or shrub or part thereof which, by reason of its condition, interferes with the use of any public area; is infected with a plant disease; is infested with injurious insects or pests; is injurious to public improvements; or endangers the life, health, safety or welfare of persons or property. This definition may also include dead or dying trees and a tree or limb(s) that obstructs streetlights, traffic signs, or the free passage of pedestrians or vehicles. "Hazard" shall have the same meaning as "public nuisance."
PUBLIC PLACEAny location frequented by the public, or where the public is present or like to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by religious, social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place. "Public place" shall not include enclosed single sex public rest rooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. "Public place" does not include a private facility which has been formed as a clothing optional facility, properly licensed by the state.
PUBLIC SEWERA sewer which is owned and controlled by the Village and is separate from and does not include sewers owned by other governmental units.
PUBLIC UTILITIESThose utilities using underground or overhead transmission lines such as electric, telephone, internet, and distribution and collection systems such as water, sanitary sewer and storm sewer.
PUBLIC WAYAny public road, street, highway, walkway, drainageway, greenway, parkway, or part thereof.
PUMPING STATIONA station positioned in the public sewer system at which wastewater is pumped to a higher level.
PURPOSE OF ACCESS FROM LODGING, SNOWMOBILESFor the purpose of traveling for the shortest distance that is necessary for a person operating a snowmobile to go between a lodging establishment and the snowmobile route or snowmobile trail that is closest to the lodging establishment.
PURPOSE OF RESIDENTIAL ACCESS, SNOWMOBILESFor the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a residence and the snowmobile route or snowmobile trail that is closest to that residence.
PVCPolyvinyl chloride plastic containers marked by the SPI Code No. 3.
RAILROAD RIGHT-OF-WAYA strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REAL PROPERTY, UTILITY USER CHARGESFor the purpose of the user charge, all fixed physical facilities owned by the Village and used in the transport and treatment of sewage which do not have movable parts, such as buildings, tanks, sewers, structures and the like.
REASONABLY SAFE FROM FLOODINGMeans base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
RECHARGE, STORMWATERThe portion of the average annual rainfall that infiltrates the soil and becomes groundwater. "Recharge" does not include evaporation, transpiration, or runoff from the site.
RECKLESS CONDUCTAn act which creates a situation of unreasonable risk and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating an injury.
RECYCLABLE MATERIALIdentified materials meeting preparation standards and shall include the following: newspapers; corrugated cardboard; (unbroken) brown, green and clean container glass; aluminum, bimetal and tin-coated steel cans; blow-molded HDPE and PET plastic containers; tires (regardless of size); used oil; lead acid batteries and large batteries; and large appliances. "Recyclable material" further means identified materials meeting preparation standards where economical markets or short-term storage is available and shall include the following: other paper; polystyrene foam; PVC containers; polypropylene containers; HDPE and PET containers other than bottles; types of plastic containers labeled "other"; and other materials determined to have economical markets available.
RECYCLABLE PLASTICHigh-density polyethylene and polyethylene terephthalate plastic containers and specifically means any plastic containers described as recyclable on the list posted and maintained at the Village Hall by the Village Clerk, which list is incorporated herein by reference and is subject to revision and updating at any time.
REDEVELOPMENTAny construction, alteration or improvement exceeding 4,000 square feet of land disturbance performed on sites where the existing site is predominantly developed as commercial, industrial, institutional or multifamily residential uses. Projects may include a mix of redevelopment and new impervious surfaces. New impervious surfaces added as a result of redevelopment are subject to Section
14.07(1).
REFUSECombustible and noncombustible materials, including but not limited to paper products, wood, metal, glass, cloth and products thereof in unrecoverable condition; litter and street rubbish not including yard waste; uncontaminated ashes; and building materials such as wood, concrete, glass, plaster and other intermixed materials produced in construction or demolition of structures. "Refuse" for purposes of this chapter shall not include oversize or bulky waste.
REGIONAL FLOODA flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent (1%) chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
RENEWAL COSTS, UTILITIESThe expenditures from reserve funds or other funds to overcome physical and/or functional consumption of plant capacity or function or obsolescence of the same, in order that the equivalent in function of plant is present at the end of the anticipated useful life.
REPLACEMENT COSTS, UTILITIESThe expenditures for obtaining and installing equipment, accessories, or appurtenances necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance costs," as defined in this code, includes replacement costs.
REPLACEMENT RESERVEAn account for the segregation of resources to meet capital consumption of personal or real property.
REPLAT AND RESUBDIVISIONThe process of changing, or the map which changes, the boundaries of a recorded plat or part thereof. The legal division of a larger block, lot or out lot within a recorded plat without changing the exterior boundaries of said block, lot or out lot is not a replat. See Section
236.36, Wis. Stats.
RESIDENTIAL PROPERTYA lot or parcel of land developed exclusively for residential purposes, regardless of zoning classification, including single-family units, duplexes, and multifamily units. The term includes manufactured homes.
RESIDENTIAL SOLID WASTEAll solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNITEach living unit in the Village of Belleville designed for permanent living quarters, including single-family dwellings and units in duplexes, triplexes, and multifamily units and each unit in a residential condominium project.
RESPONSIBLE BIDDERA person who, in the judgment of the Village Board, is financially responsible and has the capacity and competence to faithfully and responsibly comply with the terms of the public contract.
RESPONSIBLE PARTY, FINANCE RELATEDA person other than Village Staff or Elected Official who causes work to be performed by a contracted professional of the Village resulting in charges for said work being invoiced to the Village. This work may be through permit and license application, development agreement, or any other work performed that was not specifically appropriated by the Village Board as a part of the annual budget process or amendment thereto.
RESPONSIBLE PERSONThe owner, operator, manager, occupant, or tenant of any structure or premises.
ROAD TRACTORA motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn.
ROCK CRUSHERAny device, machine, apparatus or equipment used either individually or in conjunction with any other device, machine, apparatus or equipment for the purpose of crushing, grinding, breaking or pulverizing rock or stone.
ROOMING HOUSEA building arranged or used for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or a two (2)-family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking.
RUBBISHCombustible and noncombustible waste materials, including but not limited to, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, clothing, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral mater, glass, crockery, dust and other similar materials.
RUNOFFIncludes, but is not limited to, ice or water flowing over the ground surface.
RUNOFF CURVE NUMBER (RCN)Has the meaning used in the runoff calculation methodology promulgated by the United States Natural Resources Conservation Service Engineering Field Manual for Conservation Practices.
SAFEKEEPING, PROPERTYProperty that is placed in the custody of the Police Department on a temporary basis to facilitate the safety of officers and citizens and the owner of the property.
SANITARY SEWERA sewer which carries only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants, and institutions and to which stormwater, surface water, and groundwater are not intentionally admitted.
SCAVENGINGThe uncontrolled and unauthorized removal of materials at any point in solid waste management.
SCHOOL, COMMERCIALA school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
SCHOOL, NURSERYAny building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.
SCHOOL, PRIVATEAn elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for mental disability or a college or other institution of higher learning.
SCOOTER, ELECTRICA device weighing less than one hundred (100) pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than twenty (20) miles per hour on a paved level surface when powered solely by the electric motor. “Electric scooter” does not include an electric personal assistive mobility device, motorcycle, motor bicycle, electric bicycle, or moped.
SEDIMENTSolid earth material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface at a different site.
SEDIMENTATIONThe deposition of eroded soils at a site different from the one where the erosion occurred.
SEMITRAILERA vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle but does not include a mobile home. A vehicle used with a ready-mix motor truck to spread the load is considered a semitrailer.
SETBACKA perpendicular line from the property line to the closest point of a covered part of the foundation.
SEWAGEThe combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, including polluted cooling water and unintentionally admitted infiltration/inflow.
(1) SANITARY SEWAGEThe combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
(2) INDUSTRIAL SEWAGEA combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment shall include the wastes from pretreatment facilities and polluted cooling water.
(3) COMBINED SEWAGEWaste, including sanitary sewage, industrial sewage, stormwater, infiltration, and inflow, is carried to the wastewater treatment facilities by a combined sewer.
SHARPS CONTAINERA container specifically manufactured for the disposal of sharp medical waste.
SHEET AND RILL EROSIONA loss of soil caused by sheet flow or shallow concentrated flow and characterized by an absence of channeling or a relatively uniform loss across the exposed upper layer of the soil or shallow irregular scouring of the soil surface.
SHORELANDSLands within the following distances from the ordinary high-water mark of navigable waters: one thousand (1,000) feet from a lake, pond or flowage and three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
SHORELAND-WETLAND DISTRICTThe zoning district, created in this Code of Ordinances, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this Code of Ordinances as described in Section
13.053(1).
SHREDDED GARBAGEGarbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than a half (1/2) inch (1.25 centimeters) in any dimension.
SHRUBAny woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.
SIDEWALKAny sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
SIGNIncludes anything that promotes, calls attention to or invites patronage (or anything like the aforementioned) to a business, location or product.
SIGN, AREA OFThe perimeter which forms the outside shape but excluding the necessary supports or uprights on which the sign may be placed unless they are designed as part of the sign. If the sign consists of more than one (1) section or module, all areas will be totaled. The area of an irregularly shaped sign shall be computed using the actual sign face surface. The area of the irregularly shaped sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight (8) straight lines.
SIGN, DIRECTLY ILLUMINATEDAny sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within or on such sign.
SIGN, DIRECTORYAny sign on which the names and locations of occupants or the use of a building is given. This shall include offices and church directories. Directory signs shall be encouraged for use with advertising of multiple-occupied commercial and industrial buildings.
SIGN, ELECTRONIC MESSAGE UNITAny sign whose message may be changed by electronic process, including such messages as copy, art, graphics, time, date, temperature, weather or information concerning civic or charitable organizations or the advertising of products or services for sale on the premises. This also includes traveling or segmented message displays.
SIGN, FLASHINGAny directly or indirectly illuminated sign on which artificial light is not maintained stationery and constant in intensity and color at all times when in use.
SIGN, FLATA sign erected parallel and attached directly to a wall surface.
SIGN, FREESTANDINGAny sign which is supported by structures or supports in or upon the ground and independent of support from any building.
SIGN, IDENTIFICATIONAny sign which carries only the name of the firm, major enterprise, institution or principal products offered for sale on the premises or a combination of these.
SIGN, OFF-PREMISESAny sign, device or display which advertises goods other than those commonly available or services other than those commonly performed on the premises on which the sign is located.
SIGN, POLITICALAny sign displaying a candidate for an election or a current election's subject matter.
SIGN, PORTABLE MESSAGE BOARDAny sign not permanently attached to the ground which is designed to be easily moved from one location to another.
SIGN, PROJECTINGAny sign extending more than eighteen (18) inches but less than four (4) feet from the face of a wall or building; such sign may not extend more than three (3) feet into the right-of-way.
SIGN, REAL ESTATEAny sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
SIGN, ROOFAny sign erected upon or over the roof or parapet of any building.
SIGN, TEMPORARYAny sign which is erected or displayed for a limited period of time not to exceed twenty-eight (28) consecutive days, or which is displayed only during regular business hours and removed for storage at other times. A temporary sign shall not exceed eight (8) square feet in area. Examples of temporary signs include banners and decorative-type displays. A portable sign is not considered a temporary sign.
SIGN, WALLAny sign attached to, erected on or painted on the wall of a building or structure and projecting not more than sixteen (16) inches from such wall.
SIGN, WINDOWAny sign located completely within an enclosed building and visible from a public way.
SIGNAL RECEIVING ANTENNAAny apparatus, other than a small signal receiving antenna or a commercial satellite earth station, that can receive communications from a transmitter or a transmitter relay located in a planetary orbit, including parabolic antennas, home earth stations, satellite television disks, and AM, FM, ham and shortwave radio antennas, regardless of the method of mounting. A signal receiving antenna includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items.
SIGNAL RECEIVING ANTENNA, SMALLAn antenna to receive:
(1) Direct satellite service, including direct-to-home satellite service, that is one (1) meter or less in diameter.
(2) Video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint services, and that is one (1) meter or less in diameter or measurement.
(3) Television broadcast signals.
(4) A small signal receiving antenna includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items.
SIGNIFICANT INDUSTRY, UTILITIESAny industry that will contribute greater than ten percent (10%) of the design flow and/or design pollutant loading of the treatment works.
SITE STABILIZATIONThe point at which grading activities have ceased and the site has been stabilized utilizing a stabilization practice in conformance with the current version of the Wisconsin Construction Site Best Management Practice Handbook as part of the permit.
SLOPEThe net vertical rise over horizontal run, expressed as a percentage, which represents a relatively homogeneous surface incline or decline over the area disturbed.
SLOW-NO-WAKEA speed at which a boat moves as slowly as possible while still maintaining steerage control.
SLUGAny discharge of water or wastewater in concentration of any given constituent or in any quantity of flow which exceeds for any period of duration longer than 15 minutes more than five times the allowable concentration or flows during a normal working day (i.e., one-, two-or three-shift operational) and shall adversely affect the collection system and/or performance of the wastewater treatment works.
SOIL LOSS RATEThe rate, usually measured in tons per acre per year, at which soil is transported beyond the perimeter of a given control site and which occurs because of sheet and rill erosion. This term does not apply to soil movement resulting from concentrated flow such as gully or bank erosion.
SOLAR COLLECTORA device, structure or part of a device or structure with a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.
SOLID WASTEGarbage, refuse and all other discarded or salvageable solid materials, including solid waste materials, resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved material in wastewater effluents or other common water pollutants.
SOLID WASTE STORAGESafe, environmentally sound, short-term containment of materials and for recyclables shall involve preserving materials in a condition meeting preparation standard.
SPECIAL EVENTAn outdoor gathering on public grounds for a performance, celebration, commemoration, or other type of gathering open to the public, including but not limited to outdoor festivals, concerts, social gatherings, flea markets, non-school-district athletic events, and other similar-type activities.
SPECIFIED ANATOMICAL AREASMeans:
(1) Less than completely and opaquely covered human genitals, public region, buttocks and female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state, even if opaquely covered.
(3) Any combination of the foregoing.
SPECIFIC SEXUAL ACTIVITIESSimulated or actual:
(1) Showing of human genitals in a state of sexual stimulation or arousal.
(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
(3) Fondling or erotic touching of human genitals, public region, buttock or female breasts.
(4) Any combination of the foregoing.
STANDARD METHODS, LABORATORY PROCEDURESThe laboratory procedures set forth in the following sources: Standard Methods for the Examination of Water and Wastewater, 14th Edition, as amended, prepared and published jointly by the American Public Health Association, American Water Works Association, and Water Environment Federation; Methods for Chemical Analysis of Water and Wastes, 1975, prepared and published by the Analytical Quality Control Laboratory, United States Environmental Protection Agency; Guidelines Establishing Test Procedures for the Analysis of Pollutants, enumerated in 40 CFR
136.1 et seq. (1975), as amended; and/or any other procedures recognized by the United States Environmental Protection Agency and the State of Wisconsin Department of Natural Resources.
START OF CONSTRUCTIONThe date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (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 that alteration affects the external dimensions of the building.
STORM EVENTSThe precipitation amounts that occur over a twenty-four (24)-hour period that have a specified recurrence interval for Dane or Green County, Wisconsin. For example, one (1)-, two (2)-, ten (10)- and one hundred (100)-year storm events mean the precipitation amounts that occur over a twenty-four (24)-hour period that have a recurrence interval of one (1), two (2), ten (10) and one hundred (100) years, respectively.
STORM SEWERA sewer that carries only stormwater, surface runoff, street wash and drainage and to which sanitary and/or industrial wastes are not intentionally admitted.
STORMWATERThe flow of water which results from, and which occurs during and immediately following, a rainfall, snowmelt or ice melt event.
STORMWATER UTILITYA Utility established by the Village under this code for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management.
STORMWATER MANAGEMENTAny measures taken to permanently reduce or minimize the negative impacts on stormwater runoff quantity and quality after land development activities.
STORMWATER RUNOFFThe waters derived from rain falling or snowmelt or ice melt occurring within a drainage area, flowing over the surface of the ground and collected in channels, watercourses or conduits.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREETA public way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, or place, or however otherwise designated.
(1) ARTERIAL STREETS AND HIGHWAYSThose streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances, including State Trunk Highway 69.
(2) COLLECTOR STREETSStreets which provide moderate-speed movement of persons and goods between major arterials and/or activity centers, including State Trunk Highway 92 and County Trunk Highways D and CC. They are basically local streets which, because of the directness of routing and higher capacity, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
(3) LOCAL STREETSStreets designed for low speeds and low volumes which provide access from low traffic generating areas to collector and arterial systems.
(4) ALLEYA public right-of-way which affords a secondary means of access to abutting property.
(6) DEAD-ENDStreets closed at one (1) end without turnarounds.
STREET RECONSTRUCTIONRemoval and replacement of the road subgrade, where existing stormwater conveyance systems are modified.
STRUCTURAL MEASURESLand treatments intended to prevent erosion, sediment or runoff that include, but are not limited to, gully control structures, grass waterways, riprap, detention basins or ponds, sediment basins or ponds, flood retention dams, diversions, and lining channels with rock, concrete or other materials. Contour strip-cropping is not considered a structural measure under this chapter.
STRUCTUREAny 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.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
SUBDIVIDERAny person, firm, partnership, corporation, association, estate, trust, or other legal entity requesting review of action on a land division or subdivision.
SUBSCRIBER, ALARM SYSTEMSA person who buys or leases or otherwise obtains an alarm system and thereafter contracts with or hires an alarm company to monitor and/or service the alarm system.
SUBSCRIBER, CABLE SERVICEAny person, firm, company, corporation, or association receiving reception service from the grantee in the Village.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the equalized assessed value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds fifty percent (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, however, 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.
SUCBAIA short length of wood or metal or similar material which, when gripped in the hand, protrudes on either side of the fist. Such prohibited instruments may or may not have spikes or short, pointed protrusions from either end.
SUMMER QUARTERThe user's quarter starting in June, July, or August and ending accordingly in August, September or October.
SUPPLIEDInstalled, furnished or provided by the owner or operator.
SURPLUS VILLAGE PROPERTYProperty which is owned by the Village of Belleville, and which has no further usefulness to the Village. An item of property shall be considered to have no further usefulness when:
(1) The item or its function has been totally replaced by other Village property and no probable future function exists for it;
(2) The Village no longer performs the service for which the item was purchased, and no other service can reasonably be provided by the item; or
(3) The item is no longer able to reliably or economically perform the work required of it.
(4) Surplus Village property shall not include land or buildings but shall include fixtures and such salvage as may be taken from a building without structural damage when such fixtures and salvage are not part of a demolition contract.
(5) Surplus Village property shall not include property which is obtained by the Village as a result of abandonment or loss by the property's original owner.
(6) Surplus Village property shall not include items of property which are traded in for newer items.
SUSPENDED SOLIDS (SS) or TOTAL SUSPENDED SOLIDS (TSSS)Total suspended matter that either floats on the surface of or is in suspension in water, wastewater, or other liquids and is removable by laboratory filtration as prescribed in the Standard Methods enumerated in this Code.
SWARM, HONEYBEESA swarm is a propagation or colony of honeybees outside of its hive.
SWIMMING POOL, PRIVATE RESIDENTIALAn outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than fifteen (15) inches located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his or her family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
TERRACEIs that portion of the public right-of-way in between the curb or roadway and the adjoining lot line, whether or not the area is occupied by a sidewalk or multi-use path.
TIRES, REFUSE AND RECYCLINGFor collection purposes shall mean rubber tires, from automobiles and light trucks, and other tires whose size is less than 1100 x 24.5, which are removed from rims.
TOP OR TOPPING, FORESTRYThe severe cutting back of limbs to stubs within the tree's crown to such a degree to remove normal canopy and disfigure the tree.
TOURIST or TRANSIENTA person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business or employment.
TOURIST ROOMING HOUSEAll lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boardinghouses or rooming houses not accommodating tourists or transients or bed-and-breakfast establishments.
TOW TRUCKA motor vehicle that is equipped with mechanical or hydraulic lifting devices or winches capable of, and used for, the recovery or transport or both of wrecked, disabled, abandoned, used or replacement vehicles.
TOXIC AMOUNTConcentration of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of Public Law 92-500, as amended.
TRACTOR-SEMITRAILER COMBINATIONA combination of two (2) vehicles consisting of either a truck tractor and a semitrailer or a road tractor and a semitrailer.
TRAILERA vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle but does not include a mobile home.
TRAILER, BOAT, OR SNOWMOBILEA vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this Code of Ordinances, is termed an unmounted boat or snowmobile.
TRANSIENTAny person residing for a continuous period of less than one (1) month in a hotel, motel or other furnished accommodation available to the public.
TRANSIENT MERCHANTAny individual who engages in the retail sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of such place. The term shall include, but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the transient merchant for the retention of goods by a donor or prospective customer. For purposes of this Code of Ordinances, "sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitute the greatest part of value for the price received but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm. The sale of produce or other perishable products at retail or wholesale by a resident of this state unless such sales are conducted door to door are exempted.
TREEAny woody plant, normally having one stem or trunk bearing its foliage or crown well above ground level to heights of sixteen (16) feet or more.
TREE PROTECTION ZONEThe minimum area beneath a tree that must remain undisturbed to preserve a sufficient root mass to give a tree a reasonable chance of survival. The tree protection zone will typically be represented by a concentric circle centering on the tree's trunk.
TRUANTA pupil who is absent from school without an acceptable excuse under Sections
118.15 and
118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
TRUANT, HABITUALA pupil who is absent from school without an acceptable excuse under Sections
118.15 and
118.16(4), Wis. Stats., for part or all of five (5) or more days on which school is held during a school semester.
TRUCK TRACTOR (SEMI TRUCK)A motor vehicle designated and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
TURF-GRASSGrass commonly used in regularly cut lawns or play areas such as but not limited to, blue grass, fescue, and rye grass blends.
UNAUTHORIZEDWithout the express prior consent of the owner, lessee, manager or other person authorized to give consent by the owner or lessee of land. Authorization shall not be implied from a failure to post private or public land.
UNATTENDEDUnmoved from its location with no obvious sign of continuous human use.
UNDERAGE PERSONAny person under the legal drinking age as defined by the Wisconsin Statutes.
UNDEVELOPED PROPERTY, STORMWATERProperty that is not developed by the addition of an improvement such as a building, structure, other impervious area, grading or substantial landscaping which increases stormwater runoff.
UNIFORM DWELLING CODEThose Administrative Code provisions, and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:
Wis. Adm. Code Chapter SPS 320, Administration and Enforcement |
Wis. Adm. Code Chapter SPS 321, Construction Standards |
Wis. Adm. Code Chapter SPS 322, Energy Conservation |
Wis. Adm. Code Chapter SPS 323, Heating, Ventilating and Air Conditioning |
Wis. Adm. Code Chapter SPS 324, Electrical Standards |
Wis. Adm. Code Chapter SPS 325, Plumbing |
UNNECESSARY HARDSHIPWhere special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable considering the purposes of the ordinance.
UNPOLLUTED WATERWater of a quality equal to or better than the effluent criteria in effect or water that is of sufficient quality that it would not be in violation of federal or state water quality standards if such water were discharged into navigable waters of the state. Unpolluted water would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
URBAN FORESTA collection of trees in and around the Village, including park and street trees on public property and on private property.
URBAN SERVICE AREAThat area which the Village Board has designated as the area within which it expects the provision of the full range of urban facilities and services. For purposes of this Code of Ordinances, the full range of services includes, but is not limited to, sanitary sewer, storm sewer, water supply and distribution, fire service and police, parks and open space, recreation, schools, and transportation.
USEThe use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, which shall include any manner of performance of such activity with respect to the performance standards of the Zoning Code and this Code of Ordinances.
USER, CABLE SERVICEA party utilizing the cable communications system for purposes of production or transmission of material to subscribers, as contrasted with receipt thereof in a subscriber capacity.
USE, ACCESSORYA use subordinate in nature, extent or purpose to the principal use of the building or lot.
USE, CONDITIONALThe use of land, water or buildings which is allowable only after the issuance of a special permit by the Plan Commission under conditions specified in this Code of Ordinances.
USE, CONFORMINGAny lawful use of a building or lot which complies with the provisions of this Code of Ordinances.
USE, NONCONFORMINGAny use of land, buildings or structures which does not comply with all the regulations of the Zoning Code or of any amendment hereto governing use for the zoning district in which such use is located.
USE, PERMITTEDA use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
USE, PRINCIPALThe main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.
USED OILAny contaminated petroleum-derived or synthetic oil, including but not limited to the following: engine and other mechanical lubricants, hydraulic and transmission fluid, metal-working fluid, and insulating fluid or coolant.
USEFUL LIFE, SEWER UTILITYThe anticipated term in years of physical and/or functional productivity of elements and/or the whole of the wastewater treatment system which can be reevaluated due to preventive maintenance, renewal which offsets physical and/or functional obsolescence, renewal of capital elements due to consumption, and physical and/or functional betterments, direct or indirect.
USER CHARGE SYSTEM, SEWER UTILITYThe system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities.
UTILITY EASEMENTAn easement to place, replace, maintain, or move utility facilities.
VALUE, THEFTThe market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less; if the property stolen is a document evidencing a chose in action or other intangible right, "value" means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the thief gave consideration for or had a legal interest in the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.
VARIANCEAn authorization by the Board of Appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the Zoning Ordinance.
VEHICLEEvery device in, upon or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile shall not be considered a vehicle except for purposes made specifically applicable by statute or ordinance.
VEHICLE, RECREATIONALAny of the following:
(1) TRAVEL TRAILERA vehicular, portable structure built on a chassis and on wheels, that is between ten (10) and thirty-six (36) feet long, including the hitch, and eight (8) feet or less in width, designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called "fifth-wheel units."
(2) PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.
(3) MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation, vacation, or other uses, constructed as an integral part of a self-propelled vehicle.
(4) CAMPING TRAILERA vehicle with a canvas, collapsible or folding structure, designed for human habitation for travel, recreation, vacation or other uses and which is mounted on wheels and towed by a motor vehicle.
(6) CONVERTED AND CHOPPED VANSRecreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.
(7) FIFTH-WHEEL MOBILE HOMEA vehicle designed to be towed by a vehicle upon a highway, as a single (1) unit or in sections, with a flatbed frame so the trailer hitch of the mobile home is bolted to the flatbed frame of the towing vehicle. This mobile home is equipped and used or intended to be used primarily for human habitation, with walls of rigid, un-collapsible construction.
VENDING MACHINEA retail business device, electrically or manually operated, used by the general public to obtain merchandise without entering a public shop, store, market or other such building.
VENTILATIONThe natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
VILLAGE AGENTAny Village employee or official assigned or charged with the responsibility of administering and enforcing the requirements of this Code of Ordinances or any independent contractor retained by the Village for such a purpose.
VILLAGE CLERKThe person appointed by the Village Board as the statutory Clerk of the Village.
VILLAGE ENGINEERThe individual, or the individual's designee, or the firm, or a representative of the firm, appointed or retained by the Village Board to routinely provide engineering services for the Village.
VIOLATION, FLOODPLAINThe failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. 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.
VOLATILE ORGANIC MATTERThe material in the sewage solids transformed to gases or vapors when heated at five hundred degrees Celsius (500° C) for fifteen (15) minutes.
WASTEWATER TREATMENT WORKSThe structures, equipment, and processes required to collect, transport, and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids.
WATERCOURSEA natural or artificial channel for the passage of water, either continuously or intermittently.
WATER SURFACE PROFILEA 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.
WATERSHEDThe entire region contributing runoff or surface water to a watercourse or body of water.
WATERWORKSAll facilities for water supply treatment, storage reservoirs, waterlines, and services and booster stations for obtaining, treating and distributing potable water.
WELLAn excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
WETLAND ALTERATIONAny filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
WETLANDSThose areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
WORKMANLIKEExecuted in a skilled manner; for example, plumb, level, square, in line, undamaged, done without marring adjacent work and done by using materials that match adjacent work.
YARDAn open space on the same lot with a structure, unoccupied and unobstructed from ground upward, except for vegetation as permitted. The front and rear yards extend the full width of the lot.
YARD, FRONTA yard extending along the full length of the front lot line A corner lot shall have two front yards.
YARD, INTERIOR SIDEA side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.
YARD, REARA yard extending along the full length of the rear lot line between the side lot lines. Corner lots shall have two rear yards and no side yards. Each rear yard on a corner lot extends along the length of the rear lot line from the front yard to the lot line.
YARD, SIDEA yard extending along a side lot line from the front yard to the rear yard. A corner lot will not have side yards.
YARD, TRANSITIONALThat yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.
YARD WASTELeaves, grass clippings, yard and garden debris, including clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.
ZERO LOT LINE STRUCTUREA single two (2)-unit dwelling which exists on two (2) lots and has a common property line where the dwelling units meet. Any division of land associated with the construction or development of a zero-lot line structure shall comply with any applicable land division regulations contained in Chapter
15, Land Division, of the Village Code. A zero-lot line structure has a side yard of zero (0) feet on the side where the dwelling units meet at the common property line and at least eight (8) feet for the other side yard, except on corner lots where a twenty-five (25)-foot setback is required on both the front and street sides.
ZONING DISTRICTAn area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.