As used in this chapter, the following terms
shall have the meanings set forth herein:
ACCESSORY BUILDING
A building or portion of a building subordinate to the main
building and used for a purpose customarily incidental to the permitted
use of the main building or the use of the premises. When an accessory
building is a part of the main building or is substantially attached
thereto, the side yard and rear yard requirements of the main building
shall apply to the accessory building.
ADULT FAMILY HOME
As defined under § 50.01(1), Wis. Stats., means
one of the following:
A.
A private residence to which all of the following
apply:
(1)
Care and maintenance above the level of room
and board but not including nursing care are provided in the private
residence by the care provider whose primary domicile is this residence
for three or four adults, or more adults if all of the adults are
siblings, each of whom has a developmental disability, as defined
in § 51.01(5), Wis. Stats., or, if the residence is licensed
as a foster home, care and maintenance are provided to children, the
combined total of adults and children so served being no more than
four, or more adults or children if all of the adults or all of the
children are siblings, or, if the residence is licensed as a treatment
foster home, care and maintenance are provided to children, the combined
total of adults and children so served being no more than four.
(2)
The private residence was licensed under § 48.62, Wis. Stats., as a foster home or treatment foster home for the care of the adults specified in Subsection
A(1) at least 12 months before any of the adults attained 18 years of age.
B.
A place where three or four 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.
AIRPORT
Any airport which complies with the definition contained
in § 114.002(7), Wis. Stats., or any airport which serves
or offers to serve common carriers engaged in air transport.
ALLEY
A way which affords only secondary access to abutting property.
ALTERNATIVE TOWER STRUCTURE
Clock towers, water towers, buildings, signs, electric transmission
and distribution structures, bell steeples, light poles and similar
mounting structures that camouflage or conceal the presence of antennas.
AMBULANCE SERVICE
A privately owned facility for the dispatch, storage and
maintenance of emergency medical care vehicles.
ANIMAL BOARDING FACILITY
An establishment in which more than three dogs or three cats,
or any combination thereof, over the age of five months may be kept
for boarding, breeding, safekeeping, convalescence, humane disposal,
placement, sale or sporting purposes.
ANIMAL GROOMING OR TRAINING FACILITY
An establishment providing bathing, trimming or training
services for domestic animals on a commercial basis. This term includes
the boarding of domestic animals for a maximum period of 48 hours
incidental to the grooming or training services provided.
ANIMAL HOSPITAL/CLINIC
An establishment providing medical and surgical treatment
of domestic animals, including grooming and boarding for not more
than 30 days if incidental to the medical care. This term also includes
an animal crematorium.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
ANTENNA ARRAY
The grouping of antennas that encompasses both the transmitters
and receivers of the telecommunications provider.
ANTENNA SUPPORT STRUCTURE
A structure which is attached to an alternative tower structure
and which is designed to support an antenna at a height sufficient
to permit effective receipt or transmission of wireless communications.
APARTMENT
A portion of a residential building used as a separate housekeeping
unit.
ARTIST STUDIO
Indoor work space for one or more artists or artisans, including
the indoor accessory sale of art produced on the premises.
ASSEMBLY HALL
A for-profit establishment providing meeting space for social
gatherings, including but not limited to wedding receptions, graduation
parties and business or retirement functions. This term includes,
but is not limited to, a banquet hall, a rental hall, or a social
club. This term does not include a convention center.
AUTOMOBILE WRECKING YARD
Any premises on which more than one automotive vehicle not
in running order or operating condition is stored in the open.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long-distance
providers or the public switched telephone network.
BANK OR OTHER FINANCIAL INSTITUTION
An establishment providing retail banking, credit and mortgage
services. This term does not include a currency exchange, a payday
loan agency or a title loan agency.
BASEMENT
A story partly below the ground level which, if occupied
for living purposes, shall be counted as a story for the purposes
of height measurement.
BED-AND-BREAKFAST
An establishment which:
A.
Provides four or fewer rooms for rent for short
periods of time.
B.
Provides meals only to renters of rooms in the
establishment.
C.
Is the operator's personal residence.
D.
Is occupied by the operator at the time of rental.
BOATS
Boats capable of carrying passengers.
BOAT TRAILERS
Includes the normal type of equipment necessary to transport
boats on the highway.
BROADCASTING OR RECORDING STUDIO
An establishment containing one or more broadcasting studios
for over-the-air, cable or satellite delivery of radio or television
programs, or studios for the audio or video recording or filming of
musical performances, radio or television programs or motion pictures.
This term does not include a transmission tower.
BUILDING
A structure having a roof and intended for the shelter, housing
or enclosure of persons, animals or chattels.
BUILDING, ALTERATION OF
Any change or rearrangement of the supporting members (such
as bearing walls, beams, columns or girders) of a building, an addition
to a building, or movement of a building from one location to another.
BUILDING, FRONT LINE OF
A line parallel to the street intersecting the foremost point
of the building, excluding uncovered steps.
BUILDING MAINTENANCE SERVICE
An establishment providing routine maintenance of buildings.
This term includes, but is not limited to, a window washing, building
cleaning, pest extermination or disinfecting service.
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot
on which the building is located.
BUSINESS
Includes the commercial, shopping and industrial uses and
districts as defined herein.
BUSINESS SERVICE
An establishment providing services to business establishments
on a fee or contract basis, including but not limited to advertising
services, business equipment and furniture sales or rental or protective
services. This term includes, but is not limited to, an employment
agency, photocopy center, commercial photography studio or mailing
service. This term does not include maintenance, repair and office
uses, such as accounting, advertising, architectural design, city
planning, environmental analysis, insurance, interior design, investment,
landscape design, law, management consulting, title research and real
estate.
CAMPING TRAILER
A portable structure, mounted on wheels, which is collapsible
for folding compactly and designed as temporary living quarters for
travel, recreation, camping and vacationing.
CAR WASH
An establishment providing washing, waxing or cleaning of
light motor vehicles, including access and queuing lanes.
CATERING SERVICE
An establishment providing the processing, assembly and packaging
of food into servings for consumption off premises without provision
for on-site pickup or consumption. This term includes, but is not
limited to, the preparation of meals by a catering business or by
a nonprofit organization operating a meal program.
CELLAR
A story having more than 1/2 of its height below the mean
level of the adjoining ground. A cellar shall not be occupied for
living purposes and shall not be counted as a story for the purposes
of height measurement.
CLUBS AND LODGES
A nonprofit association of persons who are bona fide members
paying annual dues which owns, hires or leases a building or portion
thereof, the use of such premises being restricted to members and
their guests. It shall be permissible to serve food and meals on such
premises provided that adequate dining room space and kitchen facilities
are available. Where properly licensed under existing City ordinance,
the consumption of intoxicating beverages by members of such club
or lodge or their guests may be permitted.
COLLEGE
An educational institution authorized by the state to award
baccalaureate or higher degrees or any campus of the state vocational,
technical and adult education system. This term includes any classroom,
laboratory, sporting facility or office associated with such institution.
This term does not include a dormitory.
COLLOCATION
The provision of multiple antennas of more than one commercial
wireless communication service provider or government entity on a
single tower or structure.
COMMUNITY CENTER
A building or group of buildings operated by a public or
nonprofit group or agency and used for recreational, social, educational
or cultural activities.
COMMUNITY LIVING ARRANGEMENT
As defined under § 46.03(22)(a), Wis. Stats., any
of the following facilities licensed or operated or permitted under
the authority of the State of Wisconsin Department of Health and Family
Services: residential care centers for children and youth, as defined
in § 48.02(15d), Wis. Stats., operated by child welfare
agencies licensed under § 48.60, Wis. Stats., group homes
for children, as defined in § 48.02(7), Wis. Stats., and
community-based residential facilities, as defined in § 50.01(lg),
Wis. Stats., but does not include adult family homes, as defined in § 50.01(1),
Wis. Stats., day-care centers, nursing homes, general hospitals, special
hospitals, prisons, and jails.
CONFORMING USE
Any lawful use of a building or lot which complies with the
provisions of this chapter.
CONTRACTOR'S SHOP
An establishment used for the indoor repair, maintenance
or storage of a contractor's vehicles, equipment or materials and
may include the contractor's business office.
CONTRACTOR'S YARD
An establishment used for the outdoor repair, maintenance
or storage of a contractor's vehicles, equipment or materials.
CONVENTION AND EXPOSITION CENTER
A commercial facility used for assemblies or meetings of
the members or representatives of groups, including exhibition space.
This term does not include banquet halls, clubs, lodges or other meeting
facilities of private or nonprofit groups that are primarily used
by group members.
CORRECTIONAL FACILITY
A correctional institution established under § 301.13,
Wis. Stats., or a state prison established under Ch. 302, Wis. Stats.
COURT
An open unoccupied space other than a yard on the same lot
with a building and which is bounded on two or more sides by the building.
CULTURAL INSTITUTION
A nonprofit institution that displays or preserves objects
of interest to the arts or sciences. This term includes, but is not
limited to, a museum, art gallery, aquarium or planetarium.
CURB CUT
An interruption or break in the line of a street curb in
order to connect a driveway to a street or otherwise to provide vehicular
access to abutting property.
CURB LEVEL
The level of the established curb in front of the building
measured at the center of such front. Where no curb has been established,
the City Engineer shall authorize and approve the establishment of
such curb or its equivalent for the purposes of this chapter.
CURRENCY EXCHANGE
In accordance with § 218.05, Wis. Stats., any person
except banks incorporated under the laws of this state and national
banks organized pursuant to the laws of the United States and any
credit union operating under Ch. 186, Wis. Stats., which obtains a
certificate of authority from the Wisconsin Commissioner of Credit
Unions engaged in the business of and providing facilities for cashing
checks, drafts, money orders and all other evidences of money acceptable
to such community currency exchange for a fee, service charge or other
consideration. This term does not include any person engaged in the
business of transporting for hire bullion, currency, securities, negotiable
or nonnegotiable documents, jewels or other property of great monetary
value nor any person engaged in the business of selling tangible personal
property at retail nor any person licensed to practice a profession
or licensed to engage in any business in this state who, in the course
of such business or profession and as an incident thereto, cashes
checks, drafts, money orders or other evidences of money.
DAY-CARE CENTER
An establishment in which the operator is provided with compensation
in return for providing one or more individuals with care for less
than 24 hours at a time. The term includes, but is not limited to,
a day nursery, nursery school, adult day-care center or other supplemental
care facility. This term does not include a family day-care home.
DERELICTS
Any recreational equipment no longer capable of the use intended
or requiring repairs over and above ordinary maintenance.
DONATION BOX
An outdoor box or repository where clothing and other donated
items intended for reuse may be left for collection at a later time.
DORMITORY
A building used as group living quarters for students associated
with a college, university, boarding school, orphanage or similar
institution.
DRIVE-THROUGH FACILITY
A facility which is used for dispensing services or products
to customers in motor vehicles. Such facility may include access lanes,
signing, lighting and audio systems. This term does not include a
drive-in theater.
DWELLING, MULTIPLE
A building or portion thereof used or designated as a residence
for three or more families as separate housekeeping units, including
apartments, apartment hotels, tenement houses, row houses or group
houses.
EMERGENCY RESIDENTIAL SHELTER
A facility, other than a community living arrangement, managed
by a public or nonprofit agency that provides short-term housing and
a protective sanctuary for victims of fire, natural disaster, economic
hardship, crime, abuse or neglect, including emergency housing during
crisis intervention for victims of rape, child abuse or physical beatings
which contains individual sleeping rooms and may or may not have food
preparation facilities and private shower or bath facilities.
ENTERTAINMENT ESTABLISHMENT, ADULT
An establishment providing nude dancing or other live or
recorded performances that depict, describe or relate to specified
sexual activities: human genitals in a state of sexual stimulation
or arousal; acts of human masturbation, sexual intercourse, oral copulation
or sodomy; or fondling or other erotic touching of human genitals
(pubic region), buttocks or female breasts.
FAA
Federal Aviation Administration.
FAMILY
One or more persons occupying a premises and living as a
single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house or hotel. Not more than two persons,
not necessarily related by blood or marriage to the head of the family,
who are domiciled with the family as roomers may be considered as
members of the family for the purposes of this chapter.
FAMILY DAY-CARE HOME
A dwelling licensed as a day-care center by the State of
Wisconsin Department of Health and Family Services under § 48.65,
Wis. Stats., where care is provided for not more than eight children
[from § 66.1017(1)(a), Wis. Stats.].
FAMILY SHELTER CARE FACILITY
A nonsecure place of temporary care and physical custody
for children, including a holdover room, licensed by the State of
Wisconsin under § 48.66(1)(a), Wis. Stats., which houses
not more than four children.
FCC
Federal Communications Commission.
FLOOR AREA
The sum of the gross horizontal area of the several floors
of a dwelling unit, exclusive of porches, balconies, garages, basements
and cellars, measured from the exterior faces of the exterior walls
or from the center line of walls or partitions separating dwelling
units. For uses other than residential, the floor area shall be measured
from the exterior faces of the exterior walls, or the center line
of walls or partitions separating such uses, and shall include all
floors, lofts, balconies, mezzanines, cellars, basements and similar
areas devoted to such uses.
FOSTER HOME
Any facility that is operated by a person required to be
licensed by § 48.62(1)(a), Wis. Stats., and that provides
care and maintenance for no more than four children or, if necessary
to enable a sibling group to remain together, for no more than six
children or, if the State of Wisconsin Department of Health and Family
Services promulgates rules permitting a different number of children,
for the number of children permitted under those rules [from § 48.02(6),
Wis. Stats.].
FRATERNITY
A building used as group living quarters for members of a
general or local chapter of a regularly organized college fraternity.
FRONTAGE
All the property abutting on one side of a street between
two intersecting streets or all of the property abutting on one side
of a street between an intersecting street and the dead end of a street,
measured along the street line.
FUNERAL HOME
An establishment providing services involving the care, preparation
or disposition of human dead. This term includes, but is not limited
to, a crematorium or a mortuary.
FURNITURE AND APPLIANCE RENTAL AND LEASING
An establishment providing the rental or leasing of furniture,
electronics, small appliances, major appliances or other household
items. This term includes incidental storage and maintenance of such
items.
GAMING FACILITY
A commercial facility where patrons wager money on the outcome
of a game, including but not limited to a card game or a slot machine.
GARAGE, PRIVATE
Any accessory building or portion of a main building designed
or used for the storage of motor-driven vehicles belonging to the
owner or occupant of the principal building.
GARAGE, PUBLIC
A building other than a private or storage garage used for
the care, repair or storage of self-propelled vehicles or where such
vehicles are left for remuneration, hire or sale.
GARAGE, STORAGE
Any building or premises used for the storage of only motor-driven
vehicles, pursuant to previous arrangements and not to transients,
and where no equipment, parts, fuel, grease or oil is sold and vehicles
are not equipped, serviced, repaired, hired or sold. No commercial
vehicles exceeding two-ton capacity shall be stored in any storage
garage.
GARDEN SUPPLY OR LANDSCAPING CENTER
An establishment providing the retail sale of plants and
the sale or rental of garden and landscape materials and equipment.
This term includes outdoor storage of plants, materials or equipment.
GAS STATION/CONVENIENCE STORE
An establishment providing retail sale of fuel for motor
vehicles, but not motor vehicle maintenance or repair work on the
premises. This term includes accessory retail sales, commonly referred
to as a "convenience store," but does not include a fast-food restaurant.
GAZEBO/SCREEN HOUSE
A freestanding open air accessory structure, which may be
enclosed with screening, intended to be used for outdoor recreational
use only and not for habitation.
GROUND TRANSPORTATION SERVICE
An establishment providing the storage, maintenance or dispatching
of:
A.
Public passenger vehicles.
B.
Vehicles licensed or otherwise regulated as
human service vehicles by the State of Wisconsin and used for the
transportation of elderly or handicapped persons.
C.
School buses, as described in § 341.26(2)(d)
and (dm), Wis. Stats.
D.
Tow trucks, as defined in § 340.01(67n),
Wis. Stats.
HEALTH CLINIC
A group of associated offices for seven or more physical
or mental health care professionals who provide specialized diagnostic,
testing, physical therapy or treatment services, including clerical
and administrative services, to persons for periods of less than 24
hours. This term does not include a medical office, medical service
facility or hospital.
HEALTH CLUB
An establishment for the conduct of indoor sports and exercise
activities, along with related locker and shower rooms, offices and
classrooms, where use of such establishment is offered on a membership
basis.
HEIGHT, BUILDING
The vertical distance from the mean elevation of the finished
grade along the front of the building to the highest point of a flat
roof, or the deckline of a mansard roof, or to the mean height between
eaves and ridge for gable, hip or gambrel roofs.
HEIGHT, TOWER OR OTHER STRUCTURE
When referring to a tower or other structure, the distance
measured from finished grade to the highest point on the tower or
other structure or antenna support structure height, including the
base pad and any building or structure upon which the tower or other
structure is located.
HELICOPTER LANDING FACILITY
A facility used for the takeoff and landing of helicopters,
including but not limited to any heliport, helipad or helistop. Accessory
features such as hangars, parking pads, terminals and service areas
are also part of such a facility.
HOME IMPROVEMENT CENTER
An establishment providing the sale or rental of building
supplies, construction equipment or home decorating fixtures and accessories.
This term includes a lumberyard or a contractor's building supply
business and may include outdoor storage or tool and equipment sales
or rental. This term does not include an establishment devoted exclusively
to retail sales of paint, wallpaper or hardware or activities classified
under vehicle/equipment sales and services, including vehicle towing
services.
HOME OCCUPATION
A gainful occupation conducted by members of the family only within their place of residence, in accordance with the provisions of §
455-44C.
HOSPITAL
A state-licensed institution providing primary health services
and medical, psychiatric, or surgical care to persons, primarily inpatients,
suffering from illness, disease, injury, deformity and other physical
or mental conditions, and, as an integral part of the institution,
related accessory uses or facilities, including but not limited to
laboratories, central service facilities for inpatient or outpatient
treatment, as well as training, research and administrative services
for patients and employees. Also included are health services and
care, and services and functions which support health services and
care, which are shared with other hospitals or other health care providers.
HOTEL
An establishment in which at least five rooms or units or
at least 70% of the accommodations, whichever is greater, are regularly
used or available for occupancy for periods of less than 30 days or
are available for more than 30 days but are not the primary residences
of the occupants. This classification includes, but is not limited
to, a motor lodge, motel or extended stay hotel.
HOUSE TRAILER
A non-self-propelled vehicle containing living or sleeping
accommodations which is designed and used for highway travel.
IMPROVED SURFACE
Adequately maintained and vegetation-free concrete, asphalt,
block or decorative stone or gravel at least six inches in depth.
JET SKI
A motorized unit other than a boat capable of transporting
persons or cargo on water.
JUNKYARD
An open space where waste, used or secondhand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled,
including but not limited to scrap iron and other metals, paper, rags,
rubber, tires and bottles. "Junkyard" also includes an auto wrecking
yard but does not include uses established entirely within enclosed
buildings.
LARGE GROUP SHELTER CARE FACILITY
A nonsecure place of temporary care and physical custody
for children, including a holdover room, licensed by the State of
Wisconsin under § 48.66(1)(a), Wis. Stats., which houses
at least nine but not more than 20 children.
LIBRARY
A public, nonprofit facility in which literary, musical,
artistic or reference materials, such as, but not limited to, books,
manuscripts, computers, recordings or films, are kept for use by or
loaning to patrons of the facility but are not normally offered for
sale except on an incidental basis.
LODGING HOUSE
A building other than a hotel where lodging is provided for
compensation for five or more persons not members of the family.
LOT
A parcel of land occupied or to be occupied by one main building or use with its accessories and including the open spaces accessory to it. No area shall be counted as accessory to more than one main building or use and no area necessary for compliance with the open space requirements for one main building or use shall be included or counted in the calculation of the open space accessory to any other main building or use. Also, see §
455-15 for special provisions for adjoining lots in common ownership.
LOT, CORNER
A lot abutting on two or more streets at their intersection,
provided that the interior angle of such intersection is less than
135°.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a land subdivision plat or certified
survey map conforming to the requirements of Ch. 236, Wis. Stats.,
or an assessor's plat conforming to the requirements of § 70.27,
Wis. Stats., which plat or map has been recorded in the office of
the Register of Deeds in Milwaukee County.
LOT, REVERSED CORNER
A corner lot which does not front on the same street with
the interior lots in the same side, as distinguished from the same
end, of the block.
LOT, THROUGH
An interior lot having frontage on two streets.
LOT WIDTH
The minimum horizontal distance between the lot lines at
the minimum building setback line.
MANUFACTURING, HEAVY
An establishment engaged in manufacturing, assembly, fabrication,
packaging or other industrial processing of products primarily from
extracted or raw materials or the bulk storage and handling of such
products and materials, where such activity involves the use or production
of explosives, highly flammable liquids or gases, or toxic or hazardous
materials or produces toxic, hazardous or noxious odors, fumes or
dust.
MANUFACTURING, LIGHT
An establishment engaged in the indoor manufacturing, assembly,
fabrication, packaging or other industrial processing of finished
parts or products, primarily from previously prepared materials, or
the indoor provision of industrial services, where there are few external
effects across property lines. This term includes, but is not limited
to, a business engaged in the processing, fabrication, assembly, treatment
or packaging of food, textile, leather, wood, paper, chemical, plastic
or metal products but does not include basic industrial processing
from raw materials.
MANUFACTURING, MEDIUM
An establishment engaged in manufacturing, assembly, fabrication,
packaging or other industrial processing of products primarily from
extracted or raw materials, or the bulk storage and handling of such
products and materials, or an industrial establishment having potential
to produce noise, dust, glare, odors or vibration beyond its property
line.
MARINA
A facility providing mooring of recreational boats in water,
or piers, anchorage areas, launching facilities, boat storage areas
or boat sales and service. This term does not include a ship terminal
or docking facility or a passenger terminal.
MATERIAL RECLAMATION FACILITY
An establishment engaged in processing and wholesaling scrap
from automobiles, concrete, asphalt or industrial or other nonconsumer
recyclable materials. This term includes, but is not limited to, an
auto wrecker primarily engaged in dismantling motor vehicles for the
purpose of wholesaling scrap.
MECHANICAL AND HOUSEHOLD MAINTENANCE AND REPAIR SERVICE
An establishment providing mechanical or electronic repair
or maintenance, such as, but not limited to, welding repair, small
engine repair (including lawn mower, boat, and snowblower engines),
tool sharpening, repair of small appliances, refrigeration and air-conditioning
repair, clock and jewelry repair, furniture repair, radio and television
repair, computer repair and copier repair, but excluding automotive
services and repair.
MEDICAL OFFICE
An establishment providing diagnostic and outpatient medical
care on a routine basis but which is unable to provide prolonged inpatient
medical or surgical care. Such facility may be staffed by up to six
doctors, dentists, ophthalmologists, optometrists, chiropractors,
physical therapists or similar practitioners licensed for practice
by the state. This term includes a medical or dental laboratory incidental
to the medical office use. See also "health clinic."
MEDICAL RESEARCH LABORATORY
An establishment providing medical or dental laboratory services
or photographic, analytical or testing services for medical or medical
research purposes. This term does not include a research and development
facility that primarily serves an educational or industrial establishment
and does not permit the housing of or use of live animals.
MEDICAL SERVICE FACILITY
An establishment operated such that physicians are present
during less than 50% of normal business hours and which provides medical
services for the specialized diagnosis, testing and treatment of alcoholism,
chemical substance abuse, mental illness or sexually transmitted diseases
to persons for periods of less than 24 hours. This term includes,
but is not limited to, a facility offering methadone treatment programs,
a prison parole or probation drug treatment distribution center, or
a facility where components of human blood are removed and purchased
for use in research or the manufacture of consumer or industrial products.
MIXED-WASTE PROCESSING FACILITY
An establishment engaged in the processing, separating and
sorting of recyclable materials from nonhazardous waste streams or
from commingled consumer recyclable materials, such as paper, plastics,
beverage cans or household metals.
MOTOR HOME
A portable dwelling designed and constructed as an integral
part of a self-propelled vehicle.
MOTOR VEHICLE BODY SHOP, HEAVY
An establishment providing the repair or rebuilding of heavy
motor vehicle bodies by the replacement, smoothing, sanding or painting
of the exterior surfaces of such vehicles within an enclosed building.
MOTOR VEHICLE BODY SHOP, LIGHT
An establishment providing the repair or rebuilding of light
motor vehicle bodies by the replacement, smoothing, sanding or painting
of the exterior surfaces of such vehicles within an enclosed building.
MOTOR VEHICLE, HEAVY
Any construction or agricultural equipment, van used for
commercial purposes, truck used for commercial purposes or having
a cargo capacity of more than 1.5 tons, boat exceeding 20 feet in
length or recreational vehicle exceeding three tons in weight, 20
feet in length or having more than six wheels.
MOTOR VEHICLE, LIGHT
Any motor vehicle used primarily for recreational or personal
purposes, including but not limited to an automobile, van, sports-utility
vehicle, truck with a cargo capacity of 1.5 tons or less, motorcycle,
boat not exceeding 20 feet in length or recreational vehicle not exceeding
three tons in weight, 20 feet in length or having more than six wheels.
MOTOR VEHICLE OUTDOOR STORAGE, HEAVY
The outdoor storage of operable heavy motor vehicles for
more than 48 hours. This term does not include a surface parking lot,
material reclamation facility, or outdoor salvage operation.
MOTOR VEHICLE OUTDOOR STORAGE, LIGHT
The outdoor storage of operable light motor vehicles for
more than 48 hours. This term does not include a material reclamation
facility or outdoor salvage operation.
MOTOR VEHICLE PARKING LOT, HEAVY (ACCESSORY USE)
Surface parking spaces for five or more heavy motor vehicles,
along with adjacent access drives and aisles, where the parking spaces
are not located in a structure and the parking of such vehicles is
not the principal use of the premises. This term does not include
commercial parking operations, which are a principal use, or parking
lots that are used exclusively for the parking of light motor vehicles.
MOTOR VEHICLE PARKING LOT, HEAVY (PRINCIPAL USE)
Surface parking spaces for five or more heavy motor vehicles,
along with adjacent access drives and aisles, where the parking spaces
are not located in a structure and the parking of such vehicles is
the principal use of the premises. This term includes both commercial
parking operations and private surface parking lots but does not include
parking lots that are used exclusively for the parking of light motor
vehicles.
MOTOR VEHICLE RENTAL FACILITY, HEAVY
An establishment where contracts are prepared or reservations
accepted for the rental or leasing of heavy motor vehicles. This term
includes incidental storage of vehicles but does not include on-premises
maintenance of vehicles or a tool/equipment rental facility.
MOTOR VEHICLE RENTAL FACILITY, LIGHT
An establishment where contracts are prepared or reservations
accepted for the rental or leasing of light motor vehicles. This term
includes incidental storage of vehicles but does not include on-premises
maintenance of vehicles or a tool/equipment rental facility.
MOTOR VEHICLE REPAIR FACILITY, HEAVY
An establishment providing the repair or servicing of heavy
motor vehicles, including the sale, installation and servicing of
related equipment and parts, where all such work is performed within
an enclosed building. This term includes, but is not limited to, the
repair or servicing of batteries, tires, mufflers, brakes, shocks,
transmissions, engines or upholstery. This term does not include vehicle
dismantling or salvage, tire retreading or recapping, or body bumping
and painting.
MOTOR VEHICLE REPAIR FACILITY, LIGHT
An establishment providing the repair or servicing of light
motor vehicles, including the sale, installation and servicing of
related equipment and parts, where all such work is performed within
an enclosed building. This term includes, but is not limited to, the
repair or servicing of batteries, tires, mufflers, brakes, shocks,
transmissions, engines or upholstery. This term includes, but is not
limited to, an auto repair shop, wheel and brake shop, tire sales
and installation, or upholstery shop. This term does not include vehicle
dismantling or salvage, tire retreading or recapping, or body bumping
and painting.
MOTOR VEHICLE SALES FACILITY, LIGHT
An establishment providing wholesale and retail sale of light
motor vehicles, including incidental storage and maintenance, excluding
body work. This term does not include a light motor vehicle limited
wholesale facility.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time
of the passage of this chapter or amendments thereto, which use or
occupancy does not conform to the regulations of this chapter or any
amendments thereto for the district in which it is located.
NUDITY
The showing of the human male or female genitals, pubic area,
bare buttocks, anus or female breast with less than a fully opaque
covering.
NURSING HOME
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, as defined in § 50.01,
Wis. Stats.
OFFICE, GENERAL
Use of a building for business, professional or administrative
offices. A general office is characterized by a low proportion of
vehicle trips attributable to visitors or clients in relationship
to employees. Examples include, but are not limited to, offices of
firms or organizations providing architectural, computer software
consulting, data management, engineering, interior design, graphic
design, real estate, insurance, investment or legal services. This
term does not include a bank or other financial institution or the
office of a physician, dentist, optometrist or chiropractor.
OFFICE, GOVERNMENT
An administrative, clerical or public contact office of a
government agency, including a postal facility, together with incidental
storage and maintenance of the agency's vehicles.
OFF-STREET PARKING SPACE
A garage or improved surface at least nine feet by 19 feet
in size per vehicle for the temporary parking or storage of self-propelled
vehicles, other than a driveway, on the same lot as the main building.
OUTDOOR MERCHANDISE SALES
Retail sale of produce, other foodstuffs or other products,
primarily outside an enclosed structure, for more than 90 days in
any calendar year.
OUTDOOR RACING FACILITY
An establishment engaged in operating a track for racing,
including but not limited to the racing of motor vehicles, dogs or
horses.
PARKING LOT, ACCESSORY USE
Surface parking spaces for five or more light motor vehicles,
and adjacent access drives and aisles, where the parking spaces are
not located in a structure and the parking of motor vehicles is not
the principal use of the premises. This term does not include commercial
parking operations, which shall be considered a principal use, or
the parking of heavy motor vehicles.
PARKING LOT, PRINCIPAL USE
Surface parking spaces for five or more light motor vehicles,
and adjacent access drives and aisles, where the parking spaces are
not located in a structure and the parking of motor vehicles is the
principal use of the premises. This term includes both commercial
parking operations and private surface parking lots but does not include
the parking of heavy motor vehicles.
PARKING STRUCTURE, ACCESSORY USE
Parking spaces and adjacent access drives, aisles and ramps
that are located in a structure with two or more levels, where the
parking structure is not the principal use of the premises. This term
does not include commercial parking operations, which are a principal
use. This term does not include private one-story garages for single-family,
two-family or multifamily dwellings or parking spaces that are integrated
into a larger structure that houses the principal use of the premises.
PARKING STRUCTURE, PRINCIPAL USE
Parking spaces and adjacent access drives, aisles and ramps
that are located in a structure with two or more levels, where the
parking structure is the principal use of the premises. This term
includes commercial parking operations as well as private parking
structures. This term does not include private one-story garages for
single-family, two-family or multifamily dwellings.
PARK or PLAYGROUND
A public, noncommercial park, playground or open space. This
term does not include a community center, festival grounds, indoor
or outdoor recreation facility or sports facility.
PASSENGER TERMINAL
A facility for passenger transportation operations, including
but not limited to a passenger rail station, bus terminal or passenger
ship terminal. This term does not include an airport or heliport.
PAYDAY LOAN AGENCY
An establishment providing loans to individuals in exchange
for personal checks as collateral.
PERSONAL SERVICE ESTABLISHMENT, GENERAL
An establishment providing services which are of a recurring
and personal nature to individuals. This term includes, but is not
limited to, a barbershop, beauty salon, shoe repair shop, seamstress,
tailor, fortune teller, tanning salon, massage establishment, body
piercing establishment or tattoo establishment. This term does not
include a portrait studio, dry-cleaning establishment, laundromat,
photocopy center, health club, repair shop for household items, or
any uses listed under "personal service establishment, regulated."
PERSONAL SERVICE ESTABLISHMENT, REGULATED
An establishment providing services of a recurring and personal
nature to individuals which are regulated under the terms of this
Code, including tattooing, body piercing, and fortune telling. Such
uses may not be located within 500 feet of any place of religious
assembly, school or licensed day-care facility.
PICKUP CAMPER
A structure designed primarily to be mounted on a pickup
or truck chassis, either temporarily or permanently, and with sufficient
equipment to render it suitable for use as a temporary dwelling for
travel, recreational and vacation uses.
PLANT NURSERY or GREENHOUSE
An establishment engaged in growing crops of any kind within
or under a greenhouse, cold frame, cloth house or lath house or growing
nursery stock, annual or perennial flowers, vegetables or other garden
or landscaping plants. This term does not include a garden supply
or landscaping center.
POWER GENERATION PLANT
A facility that converts one or more energy sources, including
but not limited to water power, fossil fuels, nuclear power or solar
power, into electrical energy or steam. A power generation plant may
also perform either of the following:
A.
Operation of a transmission system that conveys
the energy or steam from the generation facility to a power distribution
system.
B.
Operation of a distribution system that conveys
energy or steam from the generation facility or the transmission system
to final consumers.
PREEXISTING TOWERS/ANTENNAS
Any tower or antenna for which a building permit, special
use permit or other necessary approval has been properly issued prior
to the effective date of this chapter.
PROCESSING OR RECYCLING OF MINED MATERIALS
A mine site or the mining or quarrying of stone. This term
includes a facility engaged in crushing, grinding, washing, screening,
pulverizing, sizing or recycling stone, concrete, asphalt or similar
materials.
PUBLIC SAFETY FACILITY
A government facility for public safety and emergency services,
including a facility that provides police or fire protection and related
administrative facilities.
RECYCLING COLLECTION FACILITY
A facility for the deposit, sorting or batching, but not
processing, of post-consumer recyclable materials. This term includes,
but is not limited to, a residential self-help dropoff facility or
a transfer station which receives residential solid waste collected
by City forces or deposited by City residents.
RELIGIOUS ASSEMBLY
A facility where people regularly assemble for religious
worship and any incidental religious education which is maintained
and controlled by a religious body organized to sustain public worship.
This term does not include an elementary or secondary school, a specialty
or personal instruction school, or a college.
RESEARCH AND DEVELOPMENT
An establishment which conducts research, development or
controlled production of high-technology electronic, industrial, or
scientific products or commodities for sale or laboratories conducting
educational or medical research or testing, provided that no live
animals are housed or used. This term includes, but is not limited
to, a biotechnology firm or a manufacturer of nontoxic computer components.
RESTAURANT, FAST-FOOD/CARRY-OUT
A restaurant other than a sit-down restaurant where the manner
of preparation, packaging and serving of food or beverages encourages
their consumption outside the building. This term does not include
a tavern.
RESTAURANT, SIT-DOWN
A restaurant where the food or beverages sold are consumed
at tables located on the premises, where taking food or beverages
from the premises is purely incidental, where food or beverages are
normally served utilizing nondisposable containers and utensils and
where the consumption of food or beverages in vehicles on the premises
in which the building is located does not regularly occur, or where
the restaurant is located within a building containing more than one
principal use other than another restaurant. This term does not include
a tavern.
RETAIL ESTABLISHMENT, ADULT
An establishment in which 10% or more of the gross public
floor area is devoted to, or 10% or more of the stock-in-trade consists
of, the following: books, magazines and other periodicals, movies,
videotapes, compact discs, digital versatile discs, novelty items,
games, greeting cards and other materials which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to specified sexual activities: human genitals in a state
of sexual stimulation or arousal; acts of human masturbation, sexual
intercourse, oral copulation or sodomy; or fondling or other erotic
touching of human genitals (pubic region), buttocks or female breasts;
or specified anatomical areas.
RETAIL ESTABLISHMENT, GENERAL
An establishment providing retail sale of new products to
the public and rendering services incidental to the sale of such products,
including but not limited to sales of art supplies and picture frames,
art works, auto parts, baked goods, bicycles, books, newspapers and
magazines, collectibles, dry goods, notions and novelties, flowers
and plants, food and beverages, furniture and floor coverings, hardware,
hobbies, toys and games, household goods, jewelry, luggage, major
appliances, music, records, compact discs and tapes, paint and wallpaper,
pets, pharmaceutical products, photo equipment and processing, sewing
apparatus, sporting goods, stationery, tobacco products and wearing
apparel. This term includes, but is not limited to, a grocery store,
specialty food store, antique store, liquor store, butcher shop, delicatessen,
portrait studio, furniture or appliance rental establishment or video
rental or sales business. This term does not include an adult retail
establishment as herein defined, lumberyard, building supply or home
improvement center, garden center or secondhand store.
RETAIL SALES, ACCESSORY
The provision for limited retail sales as a secondary activity
in association with an approved nonretail primary use of a premises,
provided that the area reserved for retail sales comprises no more
than 10% of the gross floor area of the primary use.
ROOMING HOUSE
Any building or part of any building or dwelling unit occupied
by more than three persons who are not a family or by a family and
more than two other persons and where a fee or other consideration
is charged for periods of occupancy usually longer than one night
and where a bathroom or toilet room is shared.
SALVAGE OPERATION, INDOOR
An establishment providing the storage of any equipment,
goods, junk, material, merchandise or commercial vehicles within a
building for more than 48 hours. Such establishment typically performs
the dismantling of items for the salvage of usable parts. This term
does not include a recycling collection facility, mixed-waste processing
facility, material reclamation facility, wholesale and distribution
facility or hazardous materials storage.
SALVAGE OPERATION, OUTDOOR
An establishment providing the storage of any equipment,
goods, junk, material, merchandise or commercial vehicles in the open
for more than 48 hours. Such establishment typically performs the
dismantling of items for the salvage of usable parts. This term does
not include a recycling collection facility, mixed-waste processing
facility, material reclamation facility, wholesale and distribution
facility or hazardous materials storage.
SCHOOL, ELEMENTARY OR SECONDARY
A public, parochial or private school which provides an educational
program for one or more grades between kindergarten and Grade 12,
inclusive, and which is commonly known as an "elementary school,"
"grade school," "middle school," "junior high school" or "high school."
SCHOOL, SPECIALTY OR PERSONAL INSTRUCTION
A business, professional, trade or other specialty school.
This term includes, but is not limited to, a school offering instruction
in music, art, dance, martial arts, GED preparation, computer use
or programming, or cosmetology. This term does not include a flight
school.
SECOND-FLOOR DWELLING UNIT IN MIXED USE BUILDING
A dwelling unit located above the first floor in a building
that is used for both dwelling purposes and any nonresidential use
that is permitted in the zoning district in which the unit is located.
SECONDHAND STORE
An establishment in which used merchandise is sold at retail.
This term includes a pawnshop but does not include an antique or collectibles
store or other general retail establishment.
SETBACK
The minimum horizontal distance between the established street
right-of-way line as depicted on the Official Map and the nearest
point of a building or any projection thereof, excluding uncovered
steps.
SEWAGE TREATMENT PLANT
A facility which operates a sewerage system and sewage treatment
facilities that collect, treat and dispose of human waste.
SEXUAL CONDUCT
Bestiality, acts of masturbation, sexual intercourse, or
physical contact with a person's unclothed genitals, pubic area, buttocks,
anus, or, if such person be a female, her breast.
SHED
A freestanding accessory building not exceeding 120 square
feet in area used primarily for the storage of household, lawn and
garden items other than motorized vehicles.
SMALL GROUP SHELTER CARE FACILITY
A nonsecure place of temporary care and physical custody
for children, including a holdover room, licensed by the State of
Wisconsin under § 48.66(1)(a), Wis. Stats., which houses
at least five but not more than eight children.
SNOWMOBILE
A motorized vehicle capable of transporting persons or cargo
over snow.
SOCIAL SERVICE FACILITY
A facility operated by an organization which provides services
such as training, counseling, health or the distribution of food or
clothing. This term includes, but is not limited to, a facility offering
life skills training, substance abuse counseling, housing services
or a neighborhood recovery center. This term does not include an emergency
residential shelter.
SORORITY
A building used as group living quarters for members of a
general or local chapter of a regularly organized college sorority.
SPORTS AND RECREATION FACILITY, INDOOR
A facility for the indoor conduct, viewing or participation
in recreational activities. This term includes, but is not limited
to, an indoor driving range, volleyball court, bowling alley, ice-
or roller-skating rink, billiard hall, video game center, archery
or shooting range, soccer field or basketball court. This term does
not include a health club.
SPORTS AND RECREATION FACILITY, OUTDOOR
A facility for the outdoor conduct, viewing or participation
in recreational activities. Such a facility may include one or more
structures. This term includes, but is not limited to, a golf facility,
tennis, basketball or volleyball court, soccer, baseball or football
field, or amusement park or water park. This term does not include
health club.
STORAGE FACILITY, INDOOR
An establishment providing indoor storage of materials, vehicles
or goods. This term does not include a hazardous materials storage
facility or an indoor wholesale and distribution facility. This term
includes, but is not limited to, a mini warehouse or self-storage
facility.
STORAGE FACILITY, OUTDOOR
An establishment providing outdoor storage of materials or
goods. This term does not include a hazardous materials storage facility,
an indoor wholesale and distribution facility or light or heavy motor
vehicle outdoor storage.
STORY
That portion of a building included between the surface of
a floor and the surface of a floor next above it. A basement or cellar
having 1/2 or more of its height above grade shall be deemed a story
for the purposes of height regulation.
STORY, HALF
The space under any roof, except a flat roof, which is occupied
for residential purposes shall be counted as a full story.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property.
STREET LINE
A line dividing a lot, tract or parcel of land from the contiguous
street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any
substantial change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment to something having
a permanent location on the ground.
SUBSTATION/DISTRIBUTION EQUIPMENT, INDOOR
A facility, other than a transmission tower and contained
entirely within a building, which aids in the distribution of a utility,
including but not limited to electric power or telephone service.
SUBSTATION/DISTRIBUTION EQUIPMENT, OUTDOOR
A facility, other than a transmission tower and not contained
entirely within a building, which aids in the distribution of a utility,
including but not limited to electric power or telephone service.
TAVERN
An establishment providing alcohol beverages by the drink
to the public, where food or packaged alcohol beverages may be served
or sold only as accessory to the primary use. This term does not include
an assembly hall or a recreation facility.
TEMPORARY STRUCTURE
A structure which is not permanently affixed to the ground
and is limited as to time in existence.
THEATER
An establishment or facility for presenting motion pictures
or live performances for observation by patrons. This term includes
an outdoor stage, band shell or amphitheater but does not include
an adult entertainment establishment.
TITLE LOAN AGENCY
An establishment providing loans to individuals in exchange
for receiving titles to the borrowers' motor vehicles as collateral.
TOOL/EQUIPMENT RENTAL FACILITY
An establishment providing the rental of tools, lawn and
garden equipment, party supplies and similar goods and equipment,
including storage and incidental maintenance of tools and equipment
available for rental. This term does not include a motor vehicle rental
facility.
TRANSMISSION TOWER
Any structure that is designed and constructed for the purpose
of supporting one or more antennas for telephone, radio and similar
communication purposes, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes radio and television
transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures, and the like. The
term includes the structure and any support thereto.
TRAVEL TRAILER
A vehicular, portable structure, built on a chassis, designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified "travel trailer" by the manufacturer,
and designed to be drawn by a motor vehicle. The body width is not
to exceed eight feet and the length not to exceed 31 feet as measured
from the hitch coupling to the bumper or overall length.
TREATMENT FOSTER HOME
Any facility that is operated by a person required to be
licensed under § 48.62(1)(b), Wis. Stats., that is operated
under the supervision of the State of Wisconsin Department of Health
and Family Services, a county department or a licensed child welfare
agency, and that provides to no more than four children care, maintenance
and structured, professional treatment by trained individuals, including
the treatment foster parents [from § 48.02(17q), Wis. Stats.].
TRUCK FREIGHT TERMINAL
A facility for truck-based freight service and operations,
including but not limited to local pickup, local sorting and terminal
operations, line-haul loading and unloading, destination sorting and
terminal operations and local delivery.
UTILITY TRAILER
Owned by the resident family and not to exceed six feet width,
12 feet length, may be stored on the residential property subject
to the same restrictions as applied to recreational vehicles.
WATCHMAN/SERVICE QUARTERS
One dwelling unit designed for an employee who is employed
on the premises in a nonresidential building.
WATER TREATMENT PLANT
An establishment engaged in operating a water treatment plant
or operating a water supply system. The water supply system may include
pumping stations, aqueducts or distribution mains. The water may be
used for drinking, irrigation or other uses.
WHOLESALE AND DISTRIBUTION FACILITY, INDOOR
An establishment providing indoor storage and sale of factory-direct
merchandise and bulk goods. This term includes, but is not limited
to, mail-order and catalog sales, importing, wholesale or retail sale
of goods received by the establishment, and wholesale distribution
but does not include sale of goods for individual consumption.
WHOLESALE AND DISTRIBUTION FACILITY, OUTDOOR
An establishment providing outdoor storage and sale of factory-direct
merchandise and bulk goods. This term includes, but is not limited
to, mail-order and catalog sales, importing, wholesale or retail sale
of goods received by the establishment, and wholesale distribution
but does not include sale of goods for individual consumption.
YARD
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward, except as otherwise provided
herein.
YARD, FRONT
A yard extending the full width of the lot, being the minimum
horizontal distance between the front lot line and nearest part of
the building, excluding uncovered steps.
YARD, REAR
A yard extending the full width of the lot, being the minimum
horizontal distance between the rear lot line and nearest part of
the building, excluding uncovered steps.
YARD, SIDE
A yard extending from the front yard to the rear yard, being
the minimum horizontal distance between a building or any projection
thereof and the side lot line, excluding uncovered steps. Roof extensions
and cornice assemblies may extend a maximum of 1/3 of the distance
into any required side yard.