For the purpose 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.
As used in this chapter, the following terms
shall have the meanings indicated:
Areas of potential flooding, shown on the Village's Flood
Insurance Rate Map, which would be inundated by the regional flood
as defined herein. These numbers are AO, A1 to A99 or are unnumbered
A Zones. The A Zones may or may not be reflective of flood profiles,
depending on the availability of data for a given area.
A detached structure, including, but not limited to, a yard
maintenance or storage building, subordinate to the principal use
of a structure or land and located on the same lot or parcel and serving
a purpose that is customarily incidental to the principal use of the
land or the principal structure.
A use subordinate to the principal use of a structure, land
or water and located on the same lot or parcel serving a purpose customarily
incidental to the principal use or the principal structure.
A quantity of land containing 160 square rods, 4,840 square
yards or 43,560 square feet of land, in whatever shape, but which
does not include land dedicated for purposes of a public right-of-way
(including, but not limited to, a public street).
An establishment having as a substantial portion of its stock-in-trade
for sale, rent, lease, inspection or viewing books, films, videocassettes,
magazines or other periodicals which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specific sexual activities or specified anatomical areas, as defined
below, and, in conjunction therewith, having facilities for the presentation
of adult entertainment, as defined below, including adult-oriented
films, movies or live performances, for observation by patrons therein.
A cabaret which features topless dancers, go-go dancers,
exotic dancers, strippers, male or female impersonators or similar
entertainers.
Any exhibition of any motion pictures, live performance,
display or dance of any type which has, as a significant or substantial
portion of such performance, or is distinguished or characterized
by an emphasis on, any actual or simulated performance of specified
sexual activities or exhibition and viewing of specified anatomical
areas, as defined below, appearing unclothed or the removal of articles
of clothing to reveal specified anatomical areas.
An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme, or distinguished
or characterized by an emphasis on, matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined below, for observation by patrons therein.
Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini-motion-picture theaters or adult
cabarets and further means any premises to which public patrons or
members are invited or admitted and which are so physically arranged
as to provide booths, cubicles, rooms, compartments or stalls separate
from the common area of the premises for the purposes of viewing adult-oriented
motion pictures or wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member, whether or not such
adult entertainment is held, conducted, operated or maintained for
a profit, direct or indirect. Adult-oriented establishment further
includes, without being limited to, any adult entertainment studio
or any premises that is physically arranged and used as such, whether
advertised or represented as an adult entertainment studio, rap studio,
exotic dance studio, encounter studio, sensitivity studio, modeling
studio or any other term of like import.
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
A public street or highway used or intended to be used primarily
for through traffic. Arterial streets and highways shall include freeways
and expressways as well as parkways.
A fence, wire screen or net intended to stop a ball from
going too far, as in baseball or tennis. Because of their function,
backstops are usually greater in height than other fences provided
for in this chapter.
That portion of any structure which is below grade, or which
is partly below and partly above grade but so located that the vertical
distance from the grade to the floor is greater than the vertical
distance from the grade to the ceiling.
A condition having an adverse effect on the health, safety,
welfare or economic value of surrounding properties or the Village
of Elm Grove in general or which endangers life and property by fire
or other causes.
A minimum offset area between any building, off-street parking
or landing space and any residential district which shall serve to
buffer, protect, screen and/or shield residential property from adjacent
land which allows a use which might have a negative impact on the
protected property.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
See "accessory building."
The total area bounded by the exterior walls of the principal
structures and all accessory structures on a parcel.
The distance measured from the grade line or ground elevation
at its lowest intersect with the building foundation on the side of
the structure where the principal entrance is located to the highest
point of the structure.
[Amended 9-10-2001]
A building in which the principal use of the lot on which
it is located is conducted.
A detached structure used for the storage of garden and cultivating
tools, lawn mowers, snow blowers, yard maintenance equipment and similar
tools and supplies.
An occupation, employment or enterprise which occupies time,
attention, labor and materials, or wherein merchandise is exhibited
or sold, or where services are offered, other than home occupations.
A unified development in single or common ownership or control
which includes two or more establishments with a common or separate
entrances in a building or buildings of integrated and harmonious
design, together with adequate and properly arranged traffic, parking
and landscape facilities.
A property and/or structure in single or common ownership
or control on which one or more business establishments are located
with one main common entrance.
A shelter that has open sides for the storage of cars and
that is directly attached to the side of a principal dwelling structure.
[Added 12-15-2014]
Those floodlands normally occupied by a stream, lake bed
or other body of water under average annual high-water flow conditions
while confined within generally well-established banks.
A street which collects traffic from local streets and conveys
it to arterial streets and highways, including the principal entrance
streets of a residential development and streets for circulation within
such a development.
Transmitting towers, receiving towers, cellular tower facilities,
relay facilities and microwave stations.
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September 28,
2011, except that as amended herein. It is a State of Wisconsin licensed
care facility where five or more adults who are not related to the
operator or administrator and who do not require care above intermediate-level
nursing care reside and receive care, treatment or services that are
above the level of room and board but that include no more than three
hours of nursing care per week per resident or additional hours as
authorized under Wisconsin Statutes § 50.035(10). Services
such as a commercial kitchen, recreational activities, financial services,
general store, transportation, and health and beauty services which
may be services available to a resident of the CBRF and are not expressly
open to the public shall not be considered as a separate use within
the I-1 Zoning District but may only be allowed if each service is
specifically approved as a part of the conditional use by the Village
Board. “Community-based residential facility" does not include
any of the following:
[Added 11-22-2011]
A convent or facility owned or operated by members of a religious
order exclusively for the reception and care or treatment of members
of that order.
A facility or private home that provides care, treatment, and
services only for victims of domestic abuse, as defined in Wisconsin
Statutes § 49.165(1)(a), and their children.
A shelter facility as defined in Wisconsin Statutes § 16.308(1)(d).
place that provides lodging for individuals and in which all
of the following conditions are met:
Each lodged individual is able to exit the place under emergency
conditions without the assistance of another individual; and
No lodged individual receives from the owner, manager or operator
of the place or the owner's, manager's or operator's agent or employee
any of the following:
Personal care, supervision or treatment, or management, control
or supervision of prescription medications; or
Care or services other than board, information, referral, advocacy
or job guidance; location and coordination of social services by an
agency that is not affiliated with the owner, manager or operator,
for which arrangements were made for an individual before he or she
lodged in the place; or, in the case of an emergency, arrangement
for the provision of health care or social services by an agency that
is not affiliated with the owner, manager or operator.
An adult family home.
A residential care apartment complex.
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
Any man-made change to improved or unimproved real estate,
including, but not limited to, construction of or additions or substantial
improvements to building, other structures or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations
or disposition of materials.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform (such as the Residential, Commercial and Industrial District
classifications).
Provide for the possibility of superimposing certain additional
requirements upon a basic zoning district without disturbing the requirements
of the basic district. Unless otherwise provided, in the instance
of conflicting requirements, the stricter of the conflicting requirements
shall apply.
An establishment used for the sale, dispensing or serving
of food, refreshments or beverages in or on disposable plates and
cups; including those establishments where customers may serve themselves
and may eat and drink the food, refreshments and beverages on or off
the premises.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
A building designed or used exclusively as a residence or
sleeping place, but does not include boarding or lodging houses, motels,
hotels, tents, cabins or mobile homes.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
A detached building designed for or occupied exclusively
by one family.
A multi-level dwelling with one or more levels above grade,
and one level half above grade and half below grade. A portion of
the lower level is commonly devoted to utility functions, such as
the home heating system and the laundry. The lowest level may or may
not have exterior access. A split-level dwelling may also be called
a "bi-level" or "tri-level" dwelling.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
A group of rooms constituting all or part of a dwelling,
which are arranged, designed, used or intended for use exclusively
as living quarters for one family.
Any fill, structure, building, use or development in the
floodway.
Services provided by public and private utilities that are
necessary for the exercise of the principal use or service of the
principal structure. These services include underground, surface or
overhead transmission lines and service connections for gas, electrical,
steam, water, sanitary sewerage, storm water drainage and communication
systems and accessories thereto, such as poles, towers, wires, mains,
drains, vaults, culverts, laterals, sewers, pipes, catch basins, water
storage tanks, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, pumps, lift stations and hydrants, but not including
buildings, communication transmission towers, wireless equipment communication
towers, radio and television towers or other similar communication
facilities unrelated to providing direct service connections to individual
residences or businesses.
The body of persons related by blood, marriage or adoption,
or not more than four unrelated persons who live together in one dwelling
unit as a single housekeeping entity.
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
Any premises where the principal use is the sale of new or
used household goods, personal effects, tools, art work, small household
appliances and similar merchandise, equipment and objects, in small
quantities, in broken lots or parcels, not in bulk, for use or consumption
by the immediate purchaser. Flea markets may be conducted within a
structure or in the open air. Rummage sales and garage sales are not
considered to be flea markets.
A temporary rise in streamflow or stage that results in water
overtopping its banks and inundating areas adjacent to the channel.
An examination, evaluation, and determination of flood hazards,
and if appropriate, corresponding water surface elevations; or an
examination, evaluation, and determination of mudslide or mud flow,
and/or flood related erosion hazards. Such studies shall result in
the publication of a Flood Insurance Rate Map showing the intensity
of flood hazards in either numbered or unnumbered A Zones.
All lands contained in the regional flood or one-hundred-year
recurrence interval flood. For the purpose of zoning regulation, the
floodlands are divided into the Floodway Overlay District and the
Floodland Fringe Overlay District.
Those floodlands, outside the floodway, subject to inundation
by the one-hundred-year recurrence interval flood. For the purpose
of this chapter, the floodplain fringe includes the Floodland Fringe
Overlay District.
A graph showing the relationship of the floodwater surface
elevation of a flood event of a specified recurrence interval to the
stream bed and other significant natural and man-made features along
a stream.
Measures designed to prevent and reduce flood damage for
those uses which cannot be removed from or which, of necessity, must
be erected in the floodplain, ranging from structural modifications
through installation of special equipment or materials to operation
and management safeguards, such as the following: reinforcement of
basement walls; underpinning of floors; permanent sealing of all exterior
openings; use of masonry construction, erection of permanent watertight
bulkheads, shutters and doors; treatment of exposed timbers; elevation
of flood vulnerable utilities; use of waterproof cement; provision
of adequate fuse protection; sealing of basement walls; installation
of sump pumps; placement of automatic swing check valves; installation
of seal-tight windows and doors; installation of wire-reinforced glass;
relocation and elevation of valuable items; waterproofing, disconnecting,
elevation or removal of all electric equipment; avoidance of the use
of flood-vulnerable areas; temporary removal or waterproofing of merchandise;
operation of emergency pump equipment; closing of backwater sewer
valve; placement of plugs and flood drain pipes; placement of movable
watertight bulkheads; erection of sandbag levees; and shoring of weak
walls or structures. Floodproofing of structures shall be extended
at least to a point two feet above the elevation of the regional flood.
Any structure that is located entirely or partially below the flood
protection elevation shall be anchored to protect it from larger floods.
A point two feet above the water surface elevation of the
one-hundred-year recurrence interval flood. This safety factor, also
called "freeboard," is intended to compensate for the many unknown
factors that contribute to flood heights greater than those computed.
Such unknown factors may include ice jams, debris accumulation, wave
action and obstructions of bridge openings.
A designated portion of the one-hundred-year flood that will
safely convey the regulatory flood discharge with small, acceptable
upstream and downstream stage increases, limited in Wisconsin to 0.01
foot unless special legal measures are provided. The floodway, which
includes the channel, is that portion of the floodplain not suited
for human habitation. All fill, structures and other development that
would impair floodwater conveyance by adversely increasing flood stages
or velocities or would itself be subject to flood damage should be
prohibited in the floodway.
The square feet of floor area within the total interior usable
space, including the total of all usable space on all floors of a
building. Floor area does not include porches; parking/storage garages;
hallways; noncustomer storage; restrooms and other common areas; or
space in a basement or cellar when said space is used only for storage
or incidental uses.
[Amended 10-24-2006]
The horizontal area of a floor or several floors of a building
or structure, excluding those areas not directly devoted to the principal
or accessory use of the building or structure, such as storage areas
or stairwells, measured from the exterior faces of exterior or interior
walls.
Used to indicate the total floor area of buildings allowed
on a given lot, expressed as a percentage ratio to the total area
of the lot; i.e., an F.A.R. of 100% allows a floor area equal to the
lot, an F.A.R. of 0.50 allows a floor area of 1/2 the total area of
the lot, etc. A floor area ratio of 0.50 could be applied to a one-story
building occupying 50% of the lot or a two-story building occupying
25% of the lot.
A unit of illuminance on a surface that is everywhere one
foot from a uniform point source of light of one candle and equal
to one lumen per square foot.
The smallest dimension of a lot abutting a public street
measured along the street line.
A line parallel to the street right-of-way line at any story
level of the building's primary facade and representing the minimum
distance which all or any part of the building is set back from said
right-of-way line.
A totally enclosed structure or indoor area on a single-family,
two-family, or multifamily residential lot for the parking and storing
of motor vehicles of the property owner or tenant.
[Amended 12-15-2014]
A building or indoor area for parking, storing or servicing
of motor vehicles incidental to the conduct of a business.
See "rummage sale."
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
Any occupation for gain or support conducted entirely within
buildings by resident occupants which is customarily incidental to
the principal use of the premises, does not exceed 25% of the area
of any floor and uses only household equipment. A home occupation
includes uses such as millinery, dressmaking, canning, laundering
and crafts, but does not include the display of any goods nor such
occupations as barbershops or beauty shops, massage parlors, tattoo
parlors or body-piercing parlors. No signs are permitted. Home occupations
do not result in the coming and going of persons and/or vehicles.
A structure offering transient lodging accommodations to
the general public.
An artificial container of water, also referred to as a "spa"
or "whirlpool," in which one or more persons may soak with a liquid
capacity greater than 100 gallons and designed with a mechanical air
injection system and/or recirculating device along with all of the
following characteristics:
Ceramic, acrylic, fiberglass and/or wood construction;
An integral gas or electric heater capable of
maintaining a constant water temperature of between 101° and 104°;
One or more integral water jets capable of causing
a rapidly rotating current of water; and
Has a cover which is locked at all times when
an adult is not using the unit.
Animals no larger than the largest dog which have been bred
and/or raised to live in or about the habitation of humans and are
dependent on humans for food and shelter.
The total amount of area within a parcel covered by the principal
and accessory structures, driveway, loading area, sidewalk and all
other surfaces covered with asphalt, concrete, or other similar impervious
surfaces, that prevent rain, surface water runoff, or melting snow
from infiltrating into the ground below.
[Amended 3-24-2014]
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September 28,
2011, except as amended herein. This term means basic care that is
required by a person who has a long-term illness or disability that
has reached a relatively stable plateau.
[Added 11-22-2011]
Any old or scrap metal, metal alloy, synthetic or organic material or waste, or any abandoned, junked, ruined, dismantled or wrecked motor vehicle or machinery, or any part thereof, whether salvageable or not, or discarded household goods or appliances. An unlicensed motor vehicle shall be construed to be a junked motor vehicle as set forth in § 335-37A, definition of "junked motor vehicle" of this chapter.
The use of land, including related buildings or structures,
for the breeding, rearing, sale or boarding of dogs, cats or other
animals usually considered to be pets; or the keeping of dogs for
sporting purposes. For the purpose of this chapter, the care and keeping
of more than four animals over the age of four months is considered
a kennel.
Official notification from the Federal Emergency Management
Agency (FEMA), that a Flood Hazard Boundary Map or Flood Insurance
Rate Map has been amended.
Any attachment which interrupts and blocks the path of light
emitted from a luminaire or fixture.
Light emitted by a luminaire that shines beyond the boundaries
of the property on which the luminaire is located.
The total area bounded by the exterior walls of a building
at the floor levels, but not including basement, utility rooms, garages,
porches, breezeways and unfinished attics.
A 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.
A street designed to provide vehicular access to abutting
property and to discourage through traffic.
A parcel of land having frontage on a public street or other
approved way, 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 and other open space provisions of this chapter.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
A lot which has a pair of opposite lot lines along two substantially
parallel streets, and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
A nontrapezoidal lot having a flag portion that does not
entirely front on a public or private street and may be at least partially
located behind another lot, where access of the flag portion to a
public or private street is achieved by a flagpole portion either
owned in common with the flag portion or by means of a private right-of-way
easement. (See Illustration No. 2.)
[Amended 10-28-2008]
 |
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines
A platted lot of a recorded subdivision, certified survey
map or parcel of land for which the deed, prior to the adoption of
this chapter, is on record with the Waukesha County Register of Deeds
and which exists as described therein.
A parcel of land held in separate ownership, having frontage
on a public street, occupied or intended to be occupied by a principal
structure or structure, together with accessory structures and uses,
having insufficient size to meet the lot width, lot area, yard, off-street
parking areas or other open space provisions of this chapter.
The width of a parcel of land measured at the street yard
setback line.
The complete lighting system, including the lamp and the
fixture.
A vehicle designed to be towed as a single unit or in sections
upon a highway by a motor vehicle and equipped and used or intended
to be used, primarily for human habitation, with walls of rigid uncollapsed
construction. A mobile home exceeding 45 feet in length shall be considered
a primary housing unit.
A structure providing transient accommodations containing
six or more rooms with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building.
A motor vehicle designed to be operated upon a highway for
use as a temporary or recreational dwelling and having the same internal
characteristics and equipment as a mobile home.
A vehicle which is self-propelled.
Lake Superior, Lake Michigan, all natural inland
lakes within Wisconsin and all rivers, streams, ponds, sloughs, flowages
and other waters within the territorial limits of this state, including
the Wisconsin portion of boundary waters, which are navigable under
the laws of this state. The Wisconsin Supreme Court has declared navigable
all bodies of water with a bed differentiated from adjacent uplands
and with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 492 (1952), and deGaynor and
Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
For the purpose of this chapter, rivers and
streams will be presumed to be navigable if they are designated as
either continuous or intermittent waterways on the United States Geological
Survey quadrangle maps until such time that the Wisconsin Department
of Natural Resources has made a determination that the waterway is
not, in fact, navigable.
See "acre, net."
Material that cannot be burned.
Any structure, use of land, use of land and structure in
combination or characteristic of use (such as yard requirement or
lot size) which was existing at the time of the effective date 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.
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September 28,
2011, except as amended herein. This term means nursing procedures,
other than personal care, that are permitted to be performed by a
registered nurse under Wisconsin Statutes § 441.01(3) or
by a licensed practical nurse under Wisconsin Statutes § 441.001(3),
directly on or to a resident.
[Added 11-22-2011]
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September 28,
2011, except as amended herein. This term means a place where five
or more persons who are not related to the operator or administrator
reside, receive care or treatment and, because of their mental or
physical condition, require access to twenty-four-hour nursing services,
including limited nursing care, intermediate level nursing care and
skilled nursing services. "Nursing home" does not include any of the
following:
[Added 11-22-2011]
A convent or facility owned or operated exclusively by and for
members of a religious order that provides reception and care or treatment
of an individual.
A hospice, as defined in Wisconsin Statute Section 50.90 (1),
that directly provides inpatient care.
A residential care apartment complex.
A community-based residential facility.
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
A structure or premises containing parking spaces open to
the public.
Includes all abutting property owners, all property owners
within 100 feet and all property owners of opposite frontages of the
property which is the subject of the proceedings.
A wall containing no opening, which extends from the elevation
of building footings to the elevation of the outer surface of the
roof or above, and which separates contiguous buildings but is in
joint use for each building.
Except for vegetation, a material or materials and accompanying
subsurface treatments designed and installed specifically to allow
movement of rain, surface water or melting snow into the material,
thereby reducing the volume of stormwater runoff from the surfaced
area. Permeable surfaces may include, without limitation, porous asphalt,
permeable paver blocks, grasscrete or similar structural support materials,
pervious concrete or asphalt and permeable concrete or asphalt.
[Added 3-24-2014]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September 28,
2011, except as amended herein. This term means assistance with the
activities of daily living, such as eating, dressing, bathing and
ambulation, but does not include nursing care.
[Added 11-22-2011]
A document consisting of text and/or maps, intended to identify,
in reasonable detail, how a business or other activity will function
in the Village of Elm Grove. The plan of operation may contain, but
is not limited to, the names and addresses of principal owners and/or
operators, the nature of a business activity, products sold or manufactured,
number of employees and number of work shifts, hours of operation,
days of operation and special utility or police/fire protection needs.
A site plan, parking plan, landscaping plan, fencing plan, lighting
plan and/or signage plan may accompany and be made part of the plan
of operation.
The side of the dwelling containing the front door or main
entryway.
[Added 10-28-2008]
Any dwelling, house, building or other structure designed
or used, either wholly or partially, for private residential purposes
and shall include any yard, grounds, walk or driveway appurtenant
to such dwelling, house, building or other structure.
A receptacle for water, or an artificial pool of water, regardless
of the temperature of the water, which has at any point a depth of
more than two feet, whether above or below the ground, used or intended
to be used by the owner thereof or invitees for bathing, muscle relaxation
or swimming, and includes all structures, appurtenances, equipment,
appliances and other facilities appurtenant thereto and intended for
the operation and maintenance of a private swimming pool. Included
within this definition are all receptacles for water commonly known
as "hot tubs and whirlpools" unless such units are covered and locked
at all times when an adult is not using the unit.
Residences of doctors of medicine, dentists, clergymen, business
consultants, architects, landscape architects, lawyers, manufacturers'
representatives, professional engineers, registered land surveyors,
real estate agents, insurance brokers, artists, teachers, authors,
musicians or other recognized professions used to conduct their professions
where the office does not exceed 25% of the area of one floor of the
residence and there are no nonresident employees. The principal use
of the structure must remain residential in nature. A professional
home office does not include a massage parlor, tattoo parlor or body-piercing
parlor.
Any and all public rights-of-way, whether improved or not,
and any and all public parks, grounds and buildings.
A structure without a roof, directly adjacent to a principal
structure, which is six inches or greater from the finished grade.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. (See Illustration No. 1.)
|
ILLUSTRATION NO. 1
|
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|
LOCATION OF YARDS ON TYPICAL
|
|
INTERIOR, CORNER, AND DOUBLE FRONTAGE
LOTS
|
 |
A transportation structure, self-propelled or capable of
being towed by a passenger car, station wagon or small pick-up truck,
of such size and weight as not to require any special highway movement
permits and primarily designed or constructed to provide temporary,
movable living quarters for recreational, camping or travel use. The
term "recreational vehicle" shall also include, but not be limited
to, all-terrain vehicles, campers, camping trailers, motor homes,
boats, personal watercraft, snowmobiles and their trailers and mobile
homes not exceeding 45 feet in length.
All solid waste, putrescible and nonputrescible, combustible
and noncombustible, including garbage, ashes and solid material and
industrial wastes, including but not limited to, rubbish and junk.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics.
The flood frequency of the regional flood is once in every 100 years;
this means that in any given year there is a one-percent chance that
the regional flood may occur or be exceeded. During a typical thirty-year
mortgage period, the regional flood has a twenty-six-percent chance
of occurrence.
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September, 28,
2011, except as amended herein. It is a State of Wisconsin licensed
care facility where five or more adults reside that consists of independent
apartments, each of which has an individual lockable entrance and
exit, a kitchen, including a stove, and individual bathroom, sleeping
and living areas, and that provides services that are supportive,
personal, and include nursing services to a person who resides in
the RCAC, provided such services do not exceed more than 28 hours
per week per person. An RCAC does not include a nursing home or a
community-based residential facility or any treatment center, but
may be physically part of a structure that is a nursing home or community-based
residential facility. In the definition of an RCAC, a "stove" means
a cooking appliance that is a microwave oven of at least 1,000 watts
or that consists of burners and an oven. Services such as recreational
activities, financial services, general store, transportation, and
health and beauty services which may be available to the residents
of the RCAC, and are not expressly open to the public, shall not be
considered as a separate use within the I-1 Zoning District but may
only be allowed if each service is specifically approved as a part
of the conditional use by the Village Board.
[Added 11-22-2011]
A physical arrangement on the exterior of a restaurant which
allows a customer to drive continuously, with brief stops, to order,
pay for, and receive food items. This form of convenience service
requires that the customer not exit his/her vehicle and not be rendered
any other form of service by an agent of the restaurant.
[Added 11-22-2011]
Any combustible or noncombustible waste material or debris,
except refuse, including, but not limited to, broken concrete, bricks,
blocks or other mineral material; bottles, porcelain and other glass
or crockery; boxes, lumber (new and used), posts, sticks or other
wood, paper, rags, cardboard, excelsior, rubber, leather, plastic,
wire, cans and metal items, leaves and grass clippings, except when
being composted, tar paper, residues from burning or any similar materials.
The occasional sale of personal property at a residence conducted
by one or more families in a neighborhood. Rummage sales do not exceed
four consecutive days in length and are not conducted more often than
three times per year. Rummage sales do not involve the resale of merchandise
acquired for that purpose. Rummage sales are also known as "garage
sales" and "yard sales." Flea markets, defined elsewhere in this section,
are not considered to be rummage sales.
Furniture upon which to sit, having a linear measurement
not less than 24 inches across the surface used for sitting.
Living quarters, which may include kitchen facilities, that
are either attached or detached from the principal residence, used
as a residence by persons employed to provide domestic services to
the occupants of the principal residence.
Those lands lying within the following distances from the
ordinary high-water mark of navigable waters: 1,000 feet from a lake,
pond or flowage; and 300 feet from a river or stream or to the landward
side of the floodplain, whichever distance is greater. Shorelands
shall not include those lands adjacent to farm drainage ditches where
such lands are not adjacent to a navigable stream or river; those
parts of such drainage ditches adjacent to such lands were not navigable
streams before ditching or had no previous stream history; and such
lands are maintained in nonstructural agricultural use.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure. (See Illustration No. 1.[1])
Any canopy, marquee, design, monogram, billboard, balloon,
board, poster, building, streamer, banner, fence, wall or structure
of any kind, temporary or permanent, fixed or portable, used or to
be used for advertising, announcement, display, designation or promotion
purposes or upon which any advertisement, announcement, display, designation
or promotion is shown, painted or set forth in any manner that is
intended to be viewed from any public roadway or area.
The exposed face area, including any background or backing,
constructed or installed as an integral part of such sign, but not
any structural elements lying outside the display area of the sign.
The sign area of a double-faced sign shall be the area of the larger
single face. For a sign composed of individually mounted letters,
the sign area shall be computed as the sum of the areas of the individual
letters with the area for the individual letters computed as the area
within a single continuous perimeter enclosing the extreme limits
of the words and/or symbols.
Any sign placed so as to be viewed from a public area outside
of the business establishment displaying said sign.
Any sign supported by uprights, braces, poles or similar
appurtenances placed upon the ground and wholly or partially independent
of any building for support.
Any sign attached to a building canopy or overhang which
is attached to and does not extend beyond said canopy or overhang.
The vertical distance measured from the ground level adjacent
to the sign to the highest part of the sign, including all illuminators
and embellishments.
Any sign placed so as to be viewed primarily from within
the business displaying said sign.
Any sign intended to be in place more than 30 days.
A sign that is not affixed to a building, including a structure,
or to the ground, mounted on wheels to make it transportable. Signs
mounted on trucks, taxicabs or other motor vehicle as a secondary
or incidental use of said vehicle shall not be considered as a portable
sign for the purpose of this chapter. Any motor vehicle or trailer
having a nonpermanent or detachable sign and parked continuously for
a period in excess of 72 hours in the same site will be presumed to
have a primary use as a portable sign.
Any sign mounted perpendicular to the exterior of a building
and projecting out from said building.
Any sign intended to be in place for a reasonably limited
period of time but not to exceed 30 days and not to exceed a total
of 32 square feet.
Any sign not over four square feet in area, including, but
not limited to, signs denoting entrances, exits, parking, rest rooms,
public telephones, street names and traffic control.
Any sign whose face is mounted in a parallel plane to the
building wall or structure, or which is fastened to or painted on
the wall of a building or structure in such a manner that the wall
becomes the supporting structure for or forms the background surface
of the sign and which does not project more than 10 inches from such
building or structure and does not extend beyond the ends of said
wall or structure.
Any sign attached to or in close proximity to the interior
or exterior of a window facing an outside public area.
Shall have the meaning as indicated and as defined in Wisconsin
Statutes § 50.01 as existing on or before September 28,
2011, except as amended herein. Those services, to which all of the
following apply, that are provided to a resident under a physician's
orders:
[Added 11-22-2011]
The services require the skills of and are provided directly
by or under the supervision of a person whose licensed, registered,
certified or permitted scope of practice is at least equivalent to
that of a licensed practical nurse.
Any of the following circumstances exist:
The inherent complexity of a service prescribed for a resident
is such that it can be safely and effectively performed only by or
under the supervision of registered nurses or licensed practical nurses.
The full recovery or medical improvement of the resident is
not possible, but the services are needed to prevent, to the extent
possible, deterioration of the resident's condition or to sustain
current capacities of the resident.
Because of special medical complications, performing or supervising
a service that is generally unskilled or observing the resident necessitates
the use of a person whose licensed, registered, certified or permitted
scope of practice is at least equivalent to that of a licensed practical
nurse.
Any engine-driven vehicle of a type which utilizes sled-type
runners or skis or an endless belt tread or any combination of these
or similar means of contact with the surface upon which it is operated.
Shall have the meaning found under § 335-88D(8)(g).
[Added 2-23-2015]
That portion of a principal structure included between the
surface of any floor and the surface of the next floor above or, if
there is no floor above, the space between the floor and the ceiling
next above. A basement shall not be counted as a story.
A story which is situated in a sloping roof, the floor area
of which does not exceed 2/3 of the floor area of the story immediately
below it, and which does not contain an independent dwelling unit.
A public right-of-way not less than 50 feet wide, providing
primary access to abutting properties.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
or proposed street or highway right-of-way line and a line parallel
thereto through the nearest point of the principal structure. Corner
lots and double frontage lots have two such yards. Where the street
right-of-way is a cul-de-sac, the street yard is determined by measuring
the required setback distance along each side lot line and connecting
those two points with a straight line.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a location
on the ground which is six inches or higher above grade. This definition
includes principal and accessory buildings, swimming pools, raised
decks, gazebos, yard maintenance buildings, tennis courts and fences.
This definition excludes flagpoles, swing sets, basketball hoops,
ground barbecues, light posts and lawn ornaments such as artwork,
statuaries and related decorative lawn ornaments.
[Amended 1-22-2008; 6-24-2008]
Any repair, reconstruction or improvement of
a structure, the cost of which equals or exceeds 50% of the current
assessed value of the structure, either before the improvement or
repair is started or, if the structure has been damaged and is being
restored, before the damage occurred. The term does not, however,
include either:
[Amended 7-22-2003]
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe code living
conditions; or
Any alteration of a structure or site documented
as deserving preservation by the Wisconsin State Historical Society
or listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered
structural repairs, modifications or additions. Such ordinary maintenance
repairs include internal and external painting, decorating, paneling
and the replacement of doors, windows and other nonstructural components.
See "private swimming pool."
A vehicle without motive power designed for carrying property
or passengers entirely on its own structure and being drawn by a motor
vehicle.
The purpose or activity for which the land or structure thereon
is designed, arranged or intended or for which it is occupied or maintained.
A subordinate use on the same lot which is incidental and
customary in connection with the principal use.
Any use of a building structure, fixture or premises which,
on the effective date of this chapter, does not, even though lawfully
established, comply with all of the applicable use regulations of
the zoning district in which such building, structure, fixture or
premises is located.
[Amended 8-22-2006]
The main use of land or building as distinguished from a
subordinate or accessory use.
A structure used for the connection and service of public
utilities.
The distance between the grade line or ground elevation adjacent
to a structure at the lowest point to the highest point of the structure
at a location other than on the side of the structure where the principal
entrance is located.
[Added 9-10-2001]
An area where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
has soils indicative of wet conditions.
An establishment that is primarily engaged in manufacturing
and/or distributing merchandise to retailers; to industrial, commercial,
institutional or professional business users; or to other wholesalers.
An open space on the same lot with a structure, unoccupied
and unobstructed from the ground upward except by the vegetation.
The street and rear yards extend the full width of the lot. (See Illustration
No. 1.[2])
See "building, yard maintenance."
See "rummage sale."
