Village of Shorewood, WI
Milwaukee County
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Table of Contents
Table of Contents
For the purposes of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory.
ACCESSORY STRUCTURE OR USE
A structure or use subordinate to the principal structure or use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal structure or principal use.
ALLEY
A public or private right-of-way providing a secondary means of vehicular access to abutting properties.
ARTERIAL STREET
A public street or highway used or intended to be used primarily for fast or high-volume through traffic.
ATTIC
That portion of a dwelling used for storage or other nonhabitable purposes which is located on the uppermost floor of the building.
AUTOMOBILE
A motor vehicle, legally allowed for use on the public street, designed and used primarily for carrying persons, for recreational or personal purposes, but which does not include a motor bus, motorcycle, moped or motor bicycle.
BALCONY
A platform that projects from the wall of a building and is enclosed by a parapet or railing.
BASEMENT
Any floor of a building, the ceiling of which is not more than five feet above lot grade at any point of the building.
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING AREA
The total floor area of the first floor as measured from the exterior face of the walls of the building.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of the established grade of the frontage street to the highest point of flat roofs, including parapets; to the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs; or to the deckline of mansard roofs.
BUILD-TO LINE
A line within a lot parallel to the adjacent street curbline or lot line along which at least 50% of a building facade must be built. A build-to line is established to create an even (or more or less even) building facade line on a street.
[Added 10-23-2006 by Ord. No. 1917]
CLINIC
A place for medical or similar examination and treatment of persons as outpatients.
CLOTHING CLEANING ESTABLISHMENTS
Businesses in which clothing is received for cleaning on the premises or which provide machines, equipment or supplies for cleaning clothes either by the owner or patron.
CLOTHING REPAIR SHOPS
Shops where clothing is repaired or received for cleaning, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, and clothes-pressing shops.
COMMERCIAL USES
Uses related to doing business and engaging in commerce, including the provision of services and/or the purchasing, selling and exchanging of merchandise on a regular basis.
CONDITIONAL USES
A special class of uses which are deemed desirable for the public welfare within a given zoning district or districts but which are potentially incompatible with typical uses permitted within the district(s) and which require restrictions or conditions tailored to fit the special problems which the uses permit.
CORNER LOT
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less measured on the lot sides.
COVERED ENTRYWAY
A covered entrance over a doorway without support structures extending to the ground or floor.
[Added 7-1-2019 by Ord. No. 3002]
CURRENCY EXCHANGE
In accordance with § 218.05, Wis. Stats., any business establishment except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under Ch. 186, Wis. Stats., pursuant to a certificate of authority from the Wisconsin Commissioner of Credit Unions engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. This term does not include any person engaged in the business of transporting for hire bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state who in the course of such business or profession and as an incident thereto cashes checks, drafts, money orders or other evidences of money.
[Added 10-23-2006 by Ord. No. 1917]
DECK
An unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation.
[Amended 8-14-2017 by Ord. No. 2080]
DRIVEWAY
Any drive surface used for vehicular travel or parking giving access from a public way to a building or buildings on abutting property.
[Amended 2-25-2008 by Ord. No. 1935]
DWELLING
Any building except temporary housing which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto.
DWELLING UNIT
Any combination of habitable rooms, including sleeping, cooking and bathing facilities, designed to be occupied by not more than one family as a residence.
EFFICIENCY UNIT
A dwelling unit located in a multifamily building consisting of one principal room and, in addition, consisting of a kitchen facility and bathroom, which shall be exclusive of hallways and closets provided therein.
EMERGENCY SHELTER
Public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots and invasions.
ESSENTIAL SERVICES
Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include, but are not limited to, underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as, but not limited to, poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants.
ESTABLISHED GRADE
The grade of the street as established by ordinance at the center line of the street.
EXISTING
A building, structure, equipment, or premises and appurtenances thereto completed or in course of construction, or used or occupied, and for which a legal permit has been issued prior to the effective date of this chapter.
EXPRESSWAY
A divided arterial street or highway with full or partial control of access and with or without grade-separated intersections.
FACADE
The vertical surface of a building that is set along a build-to line.
[Added 10-23-2006 by Ord. No. 1917]
FAMILY
An individual, or two or more persons related by blood, marriage, legal adoption or legal guardianship, or a group of not more than three persons who need not be related by blood, marriage, legal adoption or legal guardianship, living together in a dwelling unit. Except as provided under § 62.23(7)(i), Wis. Stats., the foregoing definition of "family" may not be used or applied to prohibit or restrict the following:
[Amended 2-25-2008 by Ord. No. 1935]
A. 
A community living arrangement with a capacity of eight or fewer persons as described and meeting the criteria under § 62.23(7)(i), Wis. Stats., that is licensed, operated or permitted under the provisions set forth in § 62.23(7)(i), Wis. Stats.
B. 
A foster home under the provisions of Ch. 48, Wis. Stats., whereby a foster home license is issued, provided that the number of foster children shall not exceed four, unless all are in the relationship to each other of brother or sister.
C. 
An adult family home licensed under § 50.033(1m)(b), Wis. Stats., and described in and subject to the provisions of §§ 50.01(1)(b) and 62.23(7)(i), Wis. Stats, which provide that the number of additional adults residing at such adult family home shall not exceed four, unless all of the additional adults are siblings each of whom has a developmental disability.
FINANCIAL INSTITUTION
Any business establishment authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. This term does not include a currency exchange, a payday loan business or a title loan business.
[Added 10-23-2006 by Ord. No. 1917]
FOOTCANDLE
The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.
[Added 2-16-2016 by Ord. No. 2060]
FREEWAY
An expressway with full control of access and with fully grade-separated intersections.
FRONTAGE
The dimension of a lot abutting a public street measured along the street line to which an address has been assigned.
FRONT SETBACK
The minimum horizontal distance between the property line adjacent to the street upon which the building or structure fronts and the nearest point of the principal building or side of the principal structure facing such street, provided that the roof overhang does not exceed 18 inches.
FRONT YARD
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the property line parallel and nearest to the existing or proposed street and a line parallel thereto through the nearest point of the principal or accessory structure, excluding the roof overhang unless it exceeds 18 inches. On a corner street lot, the front yard shall be the side on which the lot's address is assigned.
FULLY SHIELDED LUMINAIRE, FULL CUTOFF LIGHT FIXTURE
A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part, as determined by photometric test or certified by the manufacturer.
[Added 2-16-2016 by Ord. No. 2060]
GLARE
A light ray emanating directly from a lamp, reflector or lens such that it falls directly on the eye of the observer.
[Added 2-16-2016 by Ord. No. 2060]
GARAGE
A building where private vehicles are kept for storage purposes and wherein such use is accessory to the residential use of the property on which it is located.
HABITABLE LIVING AREA
The sum of the areas of all habitable rooms within a dwelling unit.
HABITABLE ROOM
A room or enclosed floor area used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms, laundry, pantry, foyers, communicating corridors, closets, storage space, stairways and utility rooms for mechanical equipment for service in the building or other similar spaces not used by persons frequently or during extended periods.
HOME OCCUPATION
Any occupation conducted entirely within the principal structure by resident occupants of said structure which is customarily incidental to the principal use of the premises.
[Amended 2-25-2008 by Ord. No. 1935]
HOSPITAL
Any place which is devoted primarily to the maintenance and operation of facilities for the medical diagnosis, treatment or inpatient care, for not less than 24 consecutive hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury or deformity, and shall include sanitariums, nursing or convalescent homes and homes for the aged.
HOTEL
A building containing individual sleeping rooms or suites, each having a private bathroom, for the purpose of providing overnight lodging accommodations to the general public for compensation, with or without meals, in which the principal means of ingress and egress to and from all sleeping rooms is made through an inside lobby and connecting corridors and which facility is supervised by a person in charge, at all hours.
LIGHT TRESPASS
Lighting that falls beyond the boundaries of the property it is intended to illuminate; also known as "light spillover."
[Added 2-16-2016 by Ord. No. 2060]
LOADING AREA
A space or berth on the same lot for the loading or unloading of goods, wares or merchandise, having adequate ingress and egress to a public street or alley.
LOT (BUILDABLE LOT)
A parcel of land having a frontage on a public street occupied or intended to be occupied by a principal structure and sufficient in size to meet the lot frontage, width, area, yard, parking area, and open space requirements of this chapter.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT WIDTH
The distance between the side lot lines measured along the front setback line as established by this chapter.
LUMEN
The measure of brightness from a light source, comparing how bright a light source is.
[Added 2-16-2016 by Ord. No. 2060]
LUMINAIRE
The complete lighting assembly, less the support assembly. For purposes of determining total light output from a luminaire, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered a single unit.
[Added 2-16-2016 by Ord. No. 2060]
MACHINE SHOPS
Shops where lathes, presses, grinders, shapers, or other wood- and metal-working machines are used, such as, but not limited to, blacksmith, tinsmith, welding and sheet metal shops and plumbing, heating and electrical repair and overhaul shops.
MOTEL
A series of attached, semiattached or detached rooming units which may be located in a single building or structure, operated as a single business, containing individual sleeping units with bathrooms and closet space, designed for or used by automobile tourists and transients, and shall include tourist courts, auto courts, motor inns and motor lodges, with convenient access to a parking space for the use of the units' occupants and direct and convenient access to a traveled road, and maintained and rented to the public as accommodations for auto tourists and transients by the day, week, or month.
MULTIFAMILY BUILDING
A building containing three dwelling units or more.
NONCONFORMING USES OR STRUCTURES
Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
PARKING FACILITY
An area used for the parking of vehicles contained in a building or structure designed or adopted for the purpose of parking vehicles, or an area of land where the parking of vehicles is permitted under Village ordinances and subject to all of the provisions and conditions thereof.
PARKING LOT
Any outdoor area or uncovered plot, place or parcel of land or any portion thereof where more than two vehicles may be parked, but shall not include approved driveways thereunder.
PARKING SPACE
An area used for the parking of a vehicle.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontage.
PATIO
An outdoor living area, usually on grade, located on the lot that is adjacent to a building and which has a surface composed of flagstone, concrete, brick, pavers or similar material.
[Amended 8-14-2017 by Ord. No. 2080]
PAYDAY LOAN BUSINESS
Any business establishment providing loans in exchange for personal checks as collateral, including those businesses licensed pursuant to § 218.05 or 138.09, Wis. Stats., that accepts a check, holds the check for a period of time before negotiating or presenting the check for payment, and pays to the issuer an agreed-upon amount of cash, or which refinances or consolidates such a transaction.
[Added 10-23-2006 by Ord. No. 1917]
PORCH
An elevated structure attached to the entrance of a building without side walls, forming a covered approach or vestibule to a doorway.
[Amended 8-14-2017 by Ord. No. 2080]
PRINCIPAL USE
The primary purpose or function that a lot or structure serves or is intended to serve.
PRIVATE CLUB
A building or grounds used for regular or periodic meetings or gatherings of a group of persons organized for a nonprofit purpose, but not groups organized to render a service customarily carried on as a business.
PROFESSIONAL OFFICES
The offices of doctors of medicine, dentists, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions.
PUBLIC AND SEMIPUBLIC BUILDINGS
Structures principally of an institutional nature and serving a public need, such as churches, hospitals, rest homes, schools, including private academic schools and nursery schools, libraries, museums, post offices, police and fire stations, public and private utilities and other public services, but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.
REAR SETBACK
The minimum horizontal distance between the rear lot line and the nearest point of a building or structure on said lot, excluding the roof overhang unless it exceeds 18 inches.
REAR YARD
The area extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure, excluding the roof overhang unless it exceeds 18 inches. This yard shall be opposite the street yard or one of the street yards on a corner lot.
RESIDENTIAL USES
Uses related to the place or district in which a person lives or resides and makes his home.
RESTAURANT
Any business establishment where food is prepared for sale and consumption only on the premises and within a structure, whether freestanding or part of a larger structure, which devotes no less than 50% of the total floor area of the business establishment to seating accommodations for patrons.
RESTAURANT, CARRY-OUT
Any business establishment where food is prepared for sale for consumption within a structure on the premises or outside at patio accommodations or for consumption off the premises of the business establishment.
[Amended 3-18-2002 by Ord. No. 1830]
RESTAURANT, DRIVE-IN
Any business establishment where food is prepared for sale and is distributed or served for consumption on the premises of the business establishment either within a structure or outside at patio accommodations or in parked vehicles.
SETBACK
The minimum horizontal distance between a lot line and the nearest wall of a building or side of a structure facing such lot line.
[Added 2-16-2016 by Ord. No. 2059[1]]
SMOKE UNIT
The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.
SOLAR ENERGY SYSTEM
Equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
[Added 11-19-2018 by Ord. No. 2096]
STORAGE SHED
An accessory structure detached from the principal structure of a property. Its intended use is for the storage of lawn care equipment, tools for home use, and recreational goods for home use.
STORY
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above or, if there is no floor above it, then the space between the floor and the ceiling next above it. Story does not mean a cellar, basement, mezzanine, balcony or attic.
[Added 10-20-2008 by Ord. No. 1943]
STREET
A public or private right-of-way providing primary vehicular access to abutting properties.[2]
STRUCTURAL ALTERATION
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTURE
As specifically regulated by this chapter, anything which is constructed or erected and which is fastened, anchored or rests on a permanent foundation or on the ground for any occupancy or use whatsoever, excluding fences, provided that for the purpose of determining lot coverage, the following, if uncovered, shall not be considered structures: decks, patios, driveways, parking slabs and the like.
TEMPORARY STRUCTURE
A structure designed for temporary protection of goods, materials, chattels or other uses, not including human habitation, for a period not to exceed 30 days, unless otherwise provided in the Village Code.
TITLE LOAN BUSINESS
Any business establishment providing loans to individuals in exchange for receiving titles to the borrower's motor vehicles as collateral.
[Added 10-23-2006 by Ord. No. 1917]
TOWNHOUSE
A structure containing three or more single-family attached dwelling units with two or more common walls, extending from the basement floor to the roof of each unit, with individual front and rear entries.
TRANSIENT
A reference to something of a temporary nature. When referring to persons, the reference means someone who is not a permanent resident but rather one who resides for a short time or stops for a brief period.
VISION SETBACK
An unoccupied triangular space at the street corner of a corner lot as established hereinafter in this chapter.
WIND ENERGY SYSTEM
Equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy.
[Added 11-19-2018 by Ord. No. 2096]
YARD
An open space that lies between a building or structure and the nearest lot line.
[Added 2-16-2016 by Ord. No. 2059]
YARD, FRONT
A space extending across the entire width of a lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest wall of the principal structure. Refer to Graph 6.1.
[Added 2-16-2016 by Ord. No. 2059]
YARD, REAR
A space extending across the entire width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest wall of the principal structure. Refer to Graph 6.1.
[Added 2-16-2016 by Ord. No. 2059]
YARD, SIDE
A space extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest wall of the principal structure. Refer to Graph 6.1.
[Added 2-16-2016 by Ord. No. 2059]
YARD, STREET SIDE
A space extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the street side lot line to the nearest wall of the principal structure. Refer to Graph 6.1.
[Added 2-16-2016 by Ord. No. 2059]
Graph 6.1
535 Graph 6.1.tif
[1]
Editor's Note: The definitions of "side setback" and "side yard," which immediately followed this definition, were repealed by this ordinance.
[2]
Editor’s Note: The definitions of “street side yard” and “street yard,” which immediately followed this definition, were repealed 2-16-2016 by Ord. No. 2059.