A. 
For the purpose of this chapter, words used in the present tense shall include the future; words used in the singular shall include the plural number and the plural the singular.
B. 
The word "shall" is mandatory and not discretionary.
C. 
The word "may" is permissive.
D. 
The word "lot" shall include the words "piece," "parcel" and "plats"; the word "building" includes all other structures of every kind, regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
E. 
Any words not herein defined shall be construed as defined in other respective state, county and Town codes.
Certain words and terms in this chapter are to be interpreted as defined herein:
ACCESSORY USE
A building or use which is:
A. 
Constructed or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter.
B. 
Clearly incidental to, subordinate in purpose to, and serves the principal use.
ADULT FAMILY HOME
A place where adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to seven hours per week of nursing care per resident. Adult family homes can admit and provide services to people of advanced age, persons with dementia, developmental disabilities, mental health problems, physical disabilities, traumatic brain injury, AIDS, alcohol and other drug abuse, correctional clients, pregnant women needing counseling and/or the terminally ill. Adult family homes are licensed under Ch. DHS 88, Wis. Adm. Code.
AGRICULTURAL LEACHATE
Any liquid material from the production area directly or indirectly used in the operation of animal feeding operation that results from any or all of the following:
A. 
Spillage or overflow from animal or poultry watering systems.
B. 
Washing, cleaning, or flushing pens, barns, manure pits, or other animal feeding operation facilities.
C. 
Direct contact swimming, washing, or spray cooling of animals or dust control.
D. 
Water that comes into contact with any raw materials or animal byproducts including manure, feed, milk, eggs or bedding.
AGRICULTURALLY RELATED RESIDENCE
A second farm residence or dwelling unit which is occupied by a person who, or a family at least one member of which, earns a majority of his or her livelihood from the farm operation. No lot split shall be required for a second farm residence located anywhere on any operating farm subject to setback, height, and other dimensional requirements.
AGRICULTURE
Beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836; participating in the milk production termination program under 7 U.S.C. § 1446(d); and vegetable raising.
AGRICULTURE-RELATED USE
A facility located on a farm or farmstead that has at least one of the following as a primary and not merely incidental purpose:
A. 
Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms.
B. 
Storing, processing or handling raw agricultural commodities obtained directly from farms.
C. 
Slaughtering livestock from farms.
D. 
Marketing livestock to or from farms.
E. 
Processing agricultural by-products or wastes received directly from farms.
AIRPORT
Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
ALLEY
A public or private right-of-way primarily designed to serve as secondary access to abutting properties.
ANIMAL SHELTER
A public or nonprofit operation in which unwanted animals are temporarily housed.
APARTMENT HOTEL
An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
APARTMENT HOUSE
Buildings or portions thereof used or intended to be used by three or more families living independently in separate apartment units. Also referred to as a "multiple-family dwelling."
ARTIFICIAL LAKE
A man-made body of water utilized for recreational or conservational purposes.
ASSISTED LIVING FACILITY
A personal care home which offers a range of accommodations that range from independent residential housing options to housing options with personal services. Personal services include but are not limited to individual assistance with or supervision of self-administered medication and essential activities of daily living such as bathing, feeding, grooming, dressing and toileting. A residential use, which could otherwise be classified as multifamily, is to be considered to be an assisted living facility if it registered with or licensed by the State of Wisconsin as an assisted living home. Community-based residential facilities (CBRFs) and adult day cares are types of assisted living facilities.
AUTO WRECKING YARD
Any premises on which more than one automotive vehicle not in running or operating condition is stored in the open.
BASE FARM TRACT
Means one of the following:
[Added 12-17-2019 by Ord. No. 2019-24]
A. 
All land, whether one parcel or two or more contiguous parcels, that is in a Farmland Preservation Zoning District and that is part of a single farm on the date that the department under § 91.36 (1) first certifies the farmland preservation zoning ordinance covering the land or on an earlier date specified in the farmland preservation zoning ordinance, regardless of any subsequent changes in the size of the farm.
B. 
Any other tract that the department by rule defines as a base farm tract.
BASEMENT
That portion of any structure located partly underground and having more than 1/2 of its height below the finished lot grade.
BED-AND-BREAKFAST ESTABLISHMENT
Any place of lodging that provides two or fewer rooms for rent for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast. The maximum stay of any one guest shall not exceed seven days per stay.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways or municipal boundary lines.
BOARDINGHOUSE (LODGING HOUSE)
A building or premises, other than a hotel, containing lodging rooms accommodating for compensation four or more persons not of the keeper's family. Lodging may be provided with or without meals.
BUILDING
Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.
BUILDING AREA
The maximum horizontal projected area within the perimeter of the outside surface of walls or supports of the building or structure. Exterior cantilever open balconies are not included.
BUILDING FRONTAGE
The horizontal linear dimension designated as the primary facade of that portion of a building occupied by a single use or occupancy. A corner tenant will be permitted to use the secondary facade to determine the building frontage.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of a ceiling in the case of a flat roof, to the deckline of a mansard roof and to the average height between the eaves and the ridge of a gable, hip or gambrel roof.
BUILDING SETBACK LINE
A line located a stated distance from and parallel with a lot line or street right-of-way for the purpose of defining limits within which buildings and structures may not be constructed.
BUILDING, ACCESSORY
A subordinate building or portion of a principal building, the use of which is incidental and customary to that of the principal building, where an accessory building shall comply in all respects with the requirements of this chapter applicable to the principal building.
BUILDING, ATTACHED
One which is joined to another dwelling at one or more sides by a party wall or walls.
BUILDING, DETACHED
One which is entirely surrounded by open space on the same lot.
BUILDING, RESIDENTIAL ACCESSORY
A detached storage building on a residential property measuring more than 100 square feet in area. A residential accessory building is located on the same parcel as the principal residential structure and is clearly incidental to the principal residential structure. See § 135-11G for regulations.
BUILDING, TEMPORARY
Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed. Manufactured homes used as residences shall not be classified as temporary buildings. (They are further defined in the definition of "manufactured home.")
CAMPGROUND
A tract or parcel of land on which space is provided for camping; includes day and overnight camping.
CAMPING EQUIPMENT
Wheeled vehicles not exceeding 26 feet in length, either motorized or nonmotorized, capable of being moved by their own power or transported by another vehicle, including, without limitation, all classes of motor homes, recreational vehicles, travel trailers, pop-up campers, and such other vehicles which are built and/or manufactured for being readily located to and from temporary recreational facilities and which are designed for human habitation.
[Added 3-4-2019 by Ord. No. 2019-04B]
CANOPY (MARQUEE)
A roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground and erected primarily to provide shelter from the weather.
CAPACITY, IN PERSONS, OF AN ESTABLISHMENT OR USE
The maximum number of persons that can avail themselves of the services (or goods) of such establishment at any one time, with reasonable safety and comfort, as determined by the Building Code or as may be determined by the Zoning Administrator or designee.
CHARITABLE ORGANIZATION
Any person that is or holds itself out to be established for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety.
CLINIC, MEDICAL OR DENTAL
An organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include inpatient care.
CLUB
An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
COMMERCIAL FEEDLOTS
An agriculture enterprise where livestock is purchased and raised and then sold to a buyer, feedlot or slaughterhouse.
COMMERCIAL VEHICLE
Any motor vehicle, trailer, or semitrailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds.
[Added 3-4-2019 by Ord. No. 2019-04B; amended 5-3-2021 by Ord. No. 2021-05]
COMMON OWNERSHIP
For purposes of the Farmland Preservation Ordinance, ownership by the same person or persons. "Common ownership" includes land owned by the same individual, married couple, joint tenants, tenants in common, corporation, LLC, partnership, estate or trust. Solely for purposes of this definition, a parcel owned by one member of a married couple is deemed to be owned by the married couple.
COMMUNITY CENTER
A building to be used as a place of meeting, recreation or social activity and not operated for profit.
COMMUNITY LIVING ARRANGEMENT
A community living arrangement, commonly referred to as a "community-based residential facility" (CBRF), is a place where adults who are not related to the operator or administrator reside and receive care, treatment or services that are above the level of room and board and that may include up to three hours per week of nursing care per resident. Adults residing in a CBRF should not require care above intermediate-level nursing care. CBRFs can admit and provide services to people of advanced age, persons with dementia, developmental disabilities, mental health problems, physical disabilities, traumatic brain injury, AIDS, alcohol and other drug abuse, correctional clients, pregnant women needing counseling and/or the terminally ill (hospice). A CBRF is a type of assisted living facility, and is licensed under Ch. DHS 83, Wis. Adm. Code.
COMMUNITY-BASED RESIDENTIAL FACILITY (CBRF)
A place where three or more unrelated adults reside, in which care, treatment or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility and licensed by the Department of Health and Family Services under § 50.01, Wis. Stats.
CONDITIONAL USE
See the definition of "use, conditional."
CONTAMINATED RUNOFF
The drainage that has come through or across a feed storage or manure storage area. Contaminated runoff includes the liquid and any sediment, manure, feed, or other material carried in the liquid. Contaminated runoff contains lower concentrations of contaminants than agricultural leachate from feed or manure.
CONTIGUOUS
Adjacent to or sharing a common boundary. Contiguous land includes land that is separated only by a river, stream, section line, public road, private road, railroad, pipeline, transmission line, or transportation or transmission right-of-way. Parcels are not contiguous if they meet only at a single point.
CORNER SIDE YARD
A yard extending along a side lot line from front yard to rear yard when said side lot line is parallel with a street right-of-way line.
DAY-CARE FACILITY, ADULT
A day program that provides the elderly and other adults with services when their caregivers are at work or need relief. An adult day-care center provides services for part of a day in a group setting to adults who need assistance with activities of daily living (ADLs), supervision and/or protection. Services may include personal care and supervision, provision of meals, medical care, medication administration, transportation, and activities designed to meet physical, social, and leisure time needs. Adult day care may be provided in family homes, freestanding centers, and multiuse facilities such as churches, schools and senior centers. Adult day-care centers generally operate programs during normal business hours five days a week. Some programs offer services in the evenings and on weekends. Adult day care is a type of assisted living. In Wisconsin, adult day-care centers are not licensed but may be certified.
DAY-CARE FACILITY, CHILD
A facility providing care and supervision for four or more children under the age of seven for less than 24 hours a day as licensed as a child-care center from the Wisconsin Department of Children and Families, § 48.65, Wis. Stats. Does not apply to anyone caring for one to three children in the provider's own home.
DEVELOPMENT
The division of land into two or more parcels; adjustment of lot lines between two or more abutting parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any use or extension of use of land.
[Added 2-19-2019 by Ord. No. 2019-02]
DRIVE-IN BUSINESS
An establishment with street access which provides no interior seating or service; or an establishment which allows for interior seating or service, but the majority of its business is conducted in the following manner:
A. 
By means of a service window;
B. 
In-car service; and
C. 
Restaurant or confectioneries with carry-out counter.
DRIVEWAY
An unobstructed private way providing a vehicular connection between the public right-of-way of the street and the garage, parking space, parking pad, or other structure of a private or public property.
[Added 3-4-2019 by Ord. No. 2019-04B; amended 5-3-2021 by Ord. No. 2021-05]
DWELLING
A building or portion of a building designed exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multiple-family dwellings with individual sleeping, toilet and cooking facilities, but not including buildings intended for use by transients. Dwellings shall include manufactured homes.
DWELLING UNIT
One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof containing three or more dwelling units.
DWELLING, SINGLE-FAMILY
A building designed for and occupied exclusively by one family.
DWELLING, TWO-FAMILY
A building designed for and occupied exclusively by two families.
EARTHEN BERM
A mound of earth graded, shaped and improved with landscaping in such a fashion as to provide a visual and/or audible screen and transition between uses or activities of differing intensity. Rock or concrete rubble may be included in a berm if completely covered with topsoil.
EASEMENT
Any area of land reserved for public utilities, drainage, sanitation or other specific uses having limitations, the title to which shall remain in the property owner's name subject to the right of use designated in the reservation of servitude.
ELEEMOSYNARY INSTITUTION
An institution or corporation created for or devoted to charitable purposes. Private corporations, incorporated for the administration of the public charity which is endowed by private benefactions from such persons as bestow them.
ENCLOSED TRAILER
A nonautomotive vehicle designed to be hauled over the road as a vehicle for transporting something and is enclosed on all sides. This definition includes all types of trailers that are used to transport miscellaneous cargo and material but not suitable for human conveyance or habitation. For the purpose of this chapter, this is inclusive of enclosed trailers and not utility trailers as defined in this section. Enclosed trailers are not to exceed 20 feet in length.
[Added 3-4-2019 by Ord. No. 2019-04B]
ESTABLISHMENT BUSINESS
A place of business carrying out operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
FACADE
The portion of any exterior elevation on the building extending from grade to top of parapet, wall, or eaves and the entire width of the building elevation.
FAMILY
One or more persons living together in one dwelling unit as a single housekeeping entity.
FAMILY DAY-CARE HOME (NONRESIDENTIAL)
An establishment licensed as a day-care center by the Department of Health and Family Services under § 48.65, Wis. Stats., where care is provided for not more than eight children and the establishment is not the principal residence of the provider.
FARM
All land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is deemed to be primarily devoted to agricultural use if any of the following apply:
A. 
The land produces at least $6,000 in annual gross farm revenues to its owner or renter, regardless of whether a majority of the land area is in agricultural use.
B. 
A majority of the land area is in agricultural use.
FARM CONSOLIDATION
The sale of farm acreage to another adjacent farm or owner of a farm located within a close proximity or the acquisition of farm acreage from an adjacent farm owner or from a farm within close proximity.
FARM POND
A man-made body of water utilized for farm purposes.
FARM RESIDENCE
The only single-family residence on the farm.
[Amended 12-17-2019 by Ord. No. 2019-24; 12-20-2020 by Ord. No. 2020-20]
FARMERS MARKET
An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include secondhand goods) dispensed from booths located on-site.
FARMSTEAD
The nonfarmed area of a farm which typically contains the original farm dwelling and other buildings which are used for farming operations or activity. In some instances, minor amounts of tilled acreage or pastureland would be contained within the farmstead, but tilled land and pastureland is generally separate from the farmstead itself.
FEED STORAGE RUNOFF CONTROL SYSTEM
A system of facilities or practices to contain, divert, retard, treat, or otherwise control the discharge of leachate and contaminated runoff from livestock feed storage areas.
FEEDLOT
A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered animal feedlots under these rules.
FENCE
Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FENCE PANEL
Also referred to as a "fence section," it is the part of the fencing creating the barrier located between the posts/pillars.
[Added 5-6-2024 by Ord. No. 2024-005]
FENCE POST/PILLAR
All footings of a fence that connect the fence to the ground and the fence panels to one another.
[Added 5-6-2024 by Ord. No. 2024-005]
FENCE, PRIVACY
All permanent fences six feet or less that are designed and installed to demarcate and/or provide a visual barrier.
[Added 9-20-2022 by Ord. 2022-25]
FENCE, SECURITY
All temporary or permanent fences greater than six feet in height that enclose a specific area and are designed for exclusion or protection of property/goods.
[Added 9-20-2022 by Ord. 2022-25]
FENCE, SOLID
Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land which does not allow any item situated inside the barrier to be seen from the outside.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas, located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices. However, floor area for the purposes of measurement for off-street parking spaces shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
FRONTAGE
The length of the property line of a lot, lots or tract of land abutting a public street. On a curved street, such length may be measured along the cord length at the building setback line.
FRONTAGE, ZONING LOT
The length of all the property of such zoning lot fronting on a street, measured between side lot lines.
FUR FARM
Agricultural operation, where the major income is derived from the selling or sale of fur-bearing animals and/or pelts.
GARAGE, PRIVATE
An accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC AND STORAGE
Any building or premises, other than a private garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GENERAL STREET PARKING PROHIBITION
Parking on the streets of the Town is authorized April 1 through October 31. Parking on the streets of the Town is prohibited from November 1 through March 31. These general standards are subject to modification and are modified where parking or no parking signage is installed.
[Added 3-4-2019 by Ord. No. 2019-04B]
GRADE
The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROSS FARM REVENUE
Gross receipts from agricultural uses, less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year. "Gross farm revenue" includes receipts accruing to a renter but does not include rent paid to the landowner.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings.
GROUP DAY-CARE CENTER
A dwelling or establishment licensed as a day-care center by the Department of Health and Family Services under § 48.65, Wis. Stats., where care and supervision are provided for nine or more children.
GROUP HOME FOR CHILDREN
Any facility operated by a person required to be licensed by the Department of Health and Family Services under § 48.625, Wis. Stats., for care and maintenance of five to eight children, with or without transfer of legal custody.
HARD SURFACE
A driveway, parking lot or pad, or storage area surfaced with concrete, blacktop, porous pavement, bituminous paving, paving brick, patio block, or other like materials which is sufficient to support the size and weight of the item to be parked or stored.
[Amended 3-4-2019 by Ord. No. 2019-04B; 5-3-2021 by Ord. No. 2021-05]
HEALTH AND MEDICAL INSTITUTIONS
Institutions or organizations which provide specialized inpatient or outpatient medical and dental care.
HEDGE
A dense row of shrubs, etc., forming a boundary, fence or barrier.
HOME OCCUPATION, PERMITTED
Any property that is residential or agricultural in use that includes a secondary business or commercial use that is managed/operated by the primary resident. The business activity may occur out of the home or other structures on the property.
[Amended 2-6-2023 by Ord. No. 2023-03]
HOSPITAL
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.
HOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms, with or without cooking facilities in any individual room or apartment.
INDUSTRIAL PARK
A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations or government organizations.
JUNK (OR SALVAGE) YARD
An area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, rubber tires and recyclable materials. A junk or salvage yard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
KENNELS
A lot or building in which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted on the property itself.
LANDSCAPING MATERIALS
Materials used to make a plot of ground more attractive and/or stable. These materials may include but are not limited to trees, grasses, ground cover, vines, flowers, earthen berms, earth stabilization materials, rocks and stones and wood chips.
LIVESTOCK
Bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish.
LIVESTOCK FACILITY
A feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any twelve-month period. A "livestock facility" includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this chapter.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one principal building and its accessory building, together with the open spaces required by this chapter, and abutting on a public street.
LOT AREA, GROSS
The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river and/or public right-of-way.
LOT GRADE
The average of the finished lot elevation upon completion of construction and landscaping between the street right-of-way line and a perpendicular point on the front yard setback line.
LOT LINE, FRONT
That boundary of a lot which is along an existing or dedicated public street, or where no public street exists along a public way.
LOT LINE, REAR
That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD
A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Brown County; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this chapter, and certified survey maps approved and recorded in the Register of Deeds office of Brown County.
LOT WIDTH
The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line.
LOT, CORNER
A lot located at the intersection of two streets, the interior angle of such intersection not exceeding 135°.
LOT, DEPTH OF
The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, INTERIOR
A lot other than a corner or reversed corner lot.
LOT, REVERSED CORNER
A 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, THROUGH
A lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
MAN-MADE BODY OF WATER
See Article XXIV, § 135-222A.
MANUFACTURED HOME
A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which, when placed on the site:
A. 
Is set on an enclosed foundation in accordance with § 70.043(1), Wis. Stats., and Subchapters III, IV and VIII of ILHR 21[1] of the Wisconsin Administrative Code, or is set on a comparable enclosed foundation system approved by the Zoning Administrator or designee. The Zoning Administrator or designee may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
B. 
Is installed in accordance with the manufacturer's instructions.
C. 
Is properly connected to utilities.
MANUFACTURED HOME COMMUNITY
A contiguous parcel of land containing two or more manufactured homes.
MOTEL
Establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient guests; and where there is no permanent occupancy of any unit, except by the owner, his/her agent or his/her employees.
MOTOR VEHICLE
a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway or off road.
[Amended 3-4-2019 by Ord. No. 2019-04B]
NONCONFORMING BUILDING
A building lawfully erected at the time of the enactment of this chapter which does not conform to the height, setback, yard, parking or other bulk requirements of this chapter or any amendment thereto governing the zoning district in which such building is located.
NONCONFORMING USE
Any use of land, buildings or structures lawful at the time of the enactment of this chapter which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.
NON-FARM RESIDENCE
A single-family or multifamily residence other than a farm residence located on lands in a Farmland Preservation Zoning District.
[Added 12-17-2019 by Ord. No. 2019-24]
NURSING HOME
A facility for which arrangements have been made for continuous medical supervision and which maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical and/or dental emergency and who will be responsible for the general medical and dental supervision of the home. No personal care home, assisted living facility, rehabilitation center or any other type of facility may be permitted under this part as a nursing home unless it meets the definition of "nursing home" set forth in the Wisconsin Administrative Code and is licensed by the State of Wisconsin under Ch. DHS 132, Wis. Adm. Code.
OPEN SPACE
Land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state. Open space is exclusive of buildings, roads, and parking areas.
OPEN SPACE PARCEL
A parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction.
ORDINARY MAINTENANCE AND REPAIR
Ordinary and routine actions necessary to continue or restore the safe and healthy use of a structure, which has been damaged or has deteriorated through natural aging and wear, and which do not result in substantial structural improvements or a significant increase in value. Such actions may include, but are not limited to, painting, staining, and the repair of the following: exterior windows, skylights, doors, vents, siding, installation, shutters, gutters, flooring, shingles, roofing materials, walls or the foundation, internal improvements within the structural envelope without doing a structural alteration.
OWNED/MAINTAINED
Vehicles and equipment encompassed by this article must be owned, commercially leased, or commercially rented by a person who is a permanent resident at the subject address, and such permanent resident must, upon demand by any law enforcement officer or authorized agent of the Town, produce satisfactory documentary evidence thereof.
[Added 3-4-2019 by Ord. No. 2019-04B]
OWNER
An individual, firm, partnership, association, corporation, governmental agency, or combination thereof holding legal title and/or otherwise owning the particular vehicle and/or equipment in question.
[Added 3-4-2019 by Ord. No. 2019-04B]
PARKING PAD
A hard-surfaced area designed for the temporary parking or storage of vehicles or trailers, constructed on a residential parcel, which is often attached or adjacent to a driveway but does not provide direct access to a garage or road.
[Added 5-3-2021 by Ord. No. 2021-05]
PARKING SPACE
A graded and surfaced area of not less than 200 square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley, exclusive of passageways, driveways or other means of circulation or access.
PARTY WALL
A wall constructed between two attached units or rooms which may or may not be separately owned.
PERMITTED USE
See the definition of "use, permitted."
PERSON
An individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity.
PERSONAL CARE HOMES
See "day-care facility, adult" for definition.
PLANNED UNIT DEVELOPMENT
A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and intended to permit diversification and variation in the relationship of uses and structures and open space for developments conceived and implemented as comprehensive and unified projects.
PLAT or PLATTED LAND
Land division created by the recording of a subdivision plat or certified survey map as per the requirements of the Brown County Subdivision and Platting Regulations, Brown County Code of Ordinances.
PRIME FARMLAND
All of the following:
A. 
An area with a class I or class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture.
B. 
Land, other than land described in Subsection A, which is identified as prime farmland in the county's certified farmland preservation plan.
PROFESSIONAL OFFICE
The office of a member of a recognized health care profession licensed by Chs. 441 and 446 to 449, Wis. Stats. Administrative duties only; no manufacturing, shipping or receiving.
PROPER WORKING CONDITION
Licensed as appropriate and/or required and mechanically and/or functionally operable for the purposes intended, to include, without limitation, tires inflated and properly working safety equipment as intended by the manufacturer. No vehicles and/or equipment subject to this chapter may have the wheels removed and placed upon block, except for repair purposes which shall be accomplished as expeditiously as reasonably practicable.
[Added 3-4-2019 by Ord. No. 2019-04B]
PROTECTED FARMLAND
Land that is any of the following:
A. 
Located in a Farmland Preservation Zoning District certified under Ch. 91, Wis. Stats.
B. 
Covered by a farmland preservation agreement under Ch. 91, Wis. Stats.
C. 
Covered by an agricultural conservation easement under § 93.73, Wis. Stats.
D. 
Otherwise legally protected from nonagricultural development.
RECREATIONAL SPORT SHOOTING FACILITY
Any place designed or operated for the use and discharge of firearms, bow and arrow, or other weapons regulated under Chapter 129 of the Code of the Town of Ledgeview.
RECREATIONAL VEHICLE
A wheeled vehicle primarily used for leisure activities and not exceeding 26 feet in length, either motorized or nonmotorized, capable of being moved by its own power or transported by another vehicle, including, without limitation, all classes of motor homes, recreational vehicles, travel trailers, pop-up/tow-behind campers, and such other vehicles which are built and/or manufactured for being readily located to and from temporary recreational facilities and which are designed for human habitation.
[Amended 5-3-2021 by Ord. No. 2021-05]
REHABILITATION CENTERS
A facility providing on-site rehabilitative services, whether operated for profit or not-for-profit. On-site rehabilitative services include counseling services and/or therapeutic services offered as a part of any organized program for the mental, psychological, substance abuse recovery, and occupational or physical rehabilitation of any person.
RESIDENTIAL VIEWSHED, PRIMARY AND SECONDARY
A viewshed is the geographical area that is visible from a location. A residential viewshed is the viewable area generally located between the residence and the public right-of-way (street), necessary to maintain an unobstructed view of the residence from the street. The primary residential viewshed is defined as the line parallel to the front entrance extending from the sides of the residence to the public right-of-way. The secondary residential viewshed is determined by extending a line from the widest part of the footprint of the residence to the right-of-way, parallel to the parcel. Accessory structures are prohibited from being located in either the primary or secondary residential viewshed.
[Amended 10-18-2022 by Ord. No. 2022-31]
135b Setback Distance.tif
135a Primary Viewsheds.tif
135a Secondary Viewsheds.tif
RETAIL
Sale of commodities and services directly to customers when such commodities and services are used or consumed by the customer and not purchased primarily for purpose of resale.
RETAIL, HIGHWAY-ORIENTED
Retail dependent on both a large flow of traffic and convenient access. It includes such uses as motels, fast-food restaurants, and automobile service stations.
RETAIL, PEDESTRIAN-ORIENTED
Retail that is designed with a primary emphasis on the street sidewalk or connecting walkway access to the site and building, rather than on auto access and parking lots.
RIGHT-OF-WAY
A. 
A strip of land occupied or intended to be occupied for a special use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
B. 
The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lot or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels.
ROADSIDE STAND
A structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises. No such roadside stand shall be more than 300 square feet in ground area and limited to 10 feet maximum height.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."
SEASONAL USE TRAILER
Trailers designed for the storage and transport of watercraft, motorcycles, all-terrain vehicles and snowmobiles.
[Added 3-4-2019 by Ord. No. 2019-04B]
SETBACK AREA
The minimum horizontal distance between the building or use and the lot line.
SETBACK LINES
Lines established adjacent to lot lines or street right-of-way lines for the purpose of defining limits within which any or certain buildings, structures or uses may not be constructed, maintained or carried on, except as shown herein.
SETBACK, CORNER SIDE YARD
The minimum horizontal distance between the side line of the building or use that runs perpendicular to a fronting street and the side right-of-way line perpendicular to the fronting street.
SETBACK, FRONT YARD
The minimum horizontal distance between the front line of the building or use and the street right-of-way line.
SETBACK, REAR YARD
The minimum horizontal distance between the back line of the building or use and the rear lot lines.
SETBACK, SIDE YARD
The minimum horizontal distance between the side line of the building or use and the side lot lines, unless the side line of the building or use is parallel to a street, in which case it shall be a corner side yard setback.
SHED, GARDEN OR TOOL
A structure equal to or less than 100 square feet in area, which is accessory to the residential use of the property and used for incidental storage. Sheds shall not exceed 10 feet in overall height to the highest point of the roof. Such sheds must be located to the rear of the front line of the principal structure and set back a minimum of three feet from side and rear property lines.
SIDEWALK SALE
A promotional sales event conducted outside the confines of the commercial or manufacturing structure in which such business is normally conducted and which occurs on a paved or concrete area on the same lot as the structure.
SIDE YARD
A section of the yard that extends between the front line setback of the main building and the rear line setback of the main building and from the side of the main building to the side lot line.
[Added 3-4-2019 by Ord. No. 2019-04B]
SIGN
A name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon, a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. (See Article XX for additional sign definitions.)
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.
STOCK FARM
An agricultural operation, usually nondairying in nature, where livestock is raised to the required age or weight for slaughterhouse purposes or for sale to commercial feedlots.
STORY
That part of a building between any floor and the floor next above and, if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
STREET
A public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway or however otherwise designated, but does not include driveways to buildings.
STREETSCAPE
An area that may either abut or be contained within the public or private street right-of-way or accessway that may contain sidewalks, street furniture, landscaping or trees, and similar features.
STRUCTURAL ALTERATION
Any activity not considered ordinary maintenance and repair which results in a change to the integral framework or exterior silhouette or footprint of a structure.
STRUCTURALLY ATTACHED
With respect to additions, "structurally attached" means:
A. 
At least 50% of the surface area of the adjoining wall of the addition and the principal structure is common to both structures.
B. 
The foundation of the addition is similar to that of the principal structure.
C. 
The height of the addition does not exceed the height of the principal structure.
D. 
The type of construction and materials used in the addition are substantially similar to those used in the principal structure with respect to texture, color and general appearance.
STRUCTURE
Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having permanent location on the ground.
TOWN
The Town of Ledgeview.
TOWN BOARD
The governing body of the Town of Ledgeview.
TRUCK FARMING
Horticultural practice of growing one or more vegetable crops on a large scale for shipment to distant markets. Crops are typically harvested directly to a truck for immediate shipment.
UNNECESSARY HARDSHIP
Where special conditions affecting a particular property, which were not self-created and nonfinancial in nature, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.
USE, CONDITIONAL
A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration in each case of the impact of such use upon neighboring land, and of the public need for the particular use of the particular location, such conditional use may or may not be granted, subject to the terms of this chapter and any conditions attached by the Town Board to the use.
USE, PERMITTED
A use which may be lawfully established in a particular district or districts, provided that it conforms with all requirements, regulations and standards of such district.
USE, PRINCIPAL
The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted, conditional or nonconforming.
UTILITY TRAILER
An unenclosed nonmotorized wheeled piece of equipment with a cargo surface, not exceeding 10 feet in length and six feet in width, designed to be hauled over the road and which is used periodically and on a temporary basis to transport brush, equipment, cargo and other materials, and which is not used for the permanent or semipermanent storage of the same, and which is not suitable for human conveyance or habitation.
[Added 3-4-2019 by Ord. No. 2019-04B]
VARIANCE
A departure from the terms of this chapter as applied to a specific building, structure or parcel of land which the Board of Appeals may permit when the Board finds that a literal enforcement of the provisions of this section will result in practical difficulty or unnecessary hardship, owing to circumstances unique to the individual property on which the variance is sought, or a literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district. In no case shall a variance be granted to permit any use not permitted in a particular zone.
VETERINARY HOSPITAL, LARGE-ANIMAL
A place where animals, other than household pets, such as horses, cows, pigs, sheep, etc., are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.
VETERINARY HOSPITAL, SMALL-ANIMAL
A place where household pets are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. (If veterinary hospital is for small and large animals, large animal zoning applies.)
VISION CORNER
An established line of sight that does not obstruct or impair the line of sight for motorized or nonmotorized vehicles traveling in an established right-of-way. (See Figure 1, included as an attachment to Chapter 79, Signs.)
[Added 5-6-2024 by Ord. No. 2024-005]
WATERCRAFT
Any boat, vessel or craft designed specifically for movement on the surface of the water.
[Added 3-4-2019 by Ord. No. 2019-04B]
YARD
An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except for vegetation. A yard extends along a lot line, and to a depth or width specified in the yard requirements for the zone the lot is located in.
YARD, FRONT
A yard extending along the full length of the front lot line between the side lot lines.
YARD, INTERIOR SIDE
A yard extending along a side lot line from the front yard to the rear yard.
YARD, REAR
A space, unoccupied except by an accessory building or accessory use as herein permitted, extending for the full width of the lot between the principal building and the rear lot line. A rear yard adjoining a public street is considered a corner side yard, except in a through lot.
ZERO-LOT-LINE DUPLEX
A two-family dwelling situated so that a common wall is located on a side lot line.
ZONING ADMINISTRATOR
The Town official(s) charged with administration and enforcement of this chapter.
ZONING AND PLANNING COMMITTEE
The Zoning and Planning Committee of the Town of Ledgeview.
ZONING BOARD OF APPEALS
The Town of Ledgeview Zoning Board of Appeals.
ZONING DISTRICT
Divisions of the Town, each area being accurately defined to boundaries and locations on the Official Zoning Map and in this chapter, for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ZONING LOT
An area within a single tract of land, under single ownership, having a specific zoning district. A zoning lot may, therefore, not coincide with the lot of record and may be located on a parcel of land with two or more zoning districts.
[1]
Editor's Note: See now Ch. SPS 321, Wis. Adm. Code.