As used in this chapter, the following terms shall have the meaning indicated. Definitions related to signs, flags, festoons and lights are located in Article X, and definitions related to floodplains are located in § 420-131BB.
Property owners having a common boundary or property owners
on either side of a public thoroughfare.
A building or structure on each lot directly adjacent to
said lot. The averaging principle is being used, and if an abutting
lot is vacant, the average setback shall be determined by the lot
with the building or the structure.
A way of approaching or entering a property. Access also
includes ingress, the right to enter, and egress, the right to leave.
A building occupied by or used for one or more accessory
uses but not occupied by or used for any principal use.
A structure occupied by or used for one or more accessory
uses, which is not occupied by or used for any principal use, or a
structure which constitutes an accessory use.
A use of real property that is related, subordinate and customarily
incidental to a particular principal use, or a use that is specifically
recognized by this chapter as an accessory use in relation to a particular
principal use, and which is located on the same lot or on the same
approved site as such principal use.
Any increase in the size of a building or other structure
in terms of site coverage, height, length, width or gross floor area.
An establishment that sells at retail adult-oriented printed
or graphic materials, provided that 40% or more of the store's inventory
of printed or graphic materials that is displayed and offered for
sale in the store (either in terms of the number of items or in terms
of the aggregate retail value of such items) consists of adult-oriented
printed or graphic materials, or that 40% or more of the display space
or floor area devoted to printed or graphic materials for sale in
the store is devoted to adult-oriented printed or graphic materials,
or that 40% or more of the store's gross receipts from the sale of
printed or graphic materials during any calendar month is attributable
to the sale of adult-oriented printed or graphic materials, or that
the store holds itself out or identifies itself to the public by its
name, its signs and/or its advertising as an adult bookstore or as
a source of adult-oriented materials, including, without limitation,
by verbal or pictorial allusions to sexual stimulation or gratification
or by references to "adult books," "adult entertainment" or similar
terms.
An establishment, open to the public, that serves or sells
alcoholic beverages and which typically or on a frequently recurring
basis provides or allows the provision of adult live entertainment
to its customers, or which holds itself out or identifies itself to
the public by its name, its signs and/or its advertising as an establishment
where adult live entertainment is typically or on a frequently recurring
basis available, including, without limitation, by verbal or pictorial
allusions to sexual stimulation or gratification or by references
to "adult entertainment," "strippers," "showgirls," "exotic dancers,"
"gentlemen's club" or similar terms.
An establishment that would be classified as an adult dry
cabaret or adult viewing facility except that it is open only to members
and their guests.
[Amended 6-26-2023 by Ord. No. 23-28]
An establishment, open to the public, that does not serve
or sell alcoholic beverages and which typically or on a frequently
recurring basis provides or allows the provision of adult live entertainment
to its customers, or which holds itself out or identifies itself to
the public by its name, its signs and/or its advertising as an adult
dry cabaret or an establishment where adult live entertainment is
typically or on a frequently recurring basis available, including,
without limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult entertainment," "strippers,"
"showgirls," "exotic dancers," "gentlemen's club" or similar terms.
A facility as defined in § 50.01(1), Wis. Stats.
Seminude dancing or any other form of live entertainment
performed by seminude entertainers.
An establishment, open to the public, that typically or on
a frequently recurring basis shows movies which have as their dominant
subject or theme, or which are distinguished or characterized by their
primary emphasis on, the depiction or description of specified sexual
activities or specified anatomical areas, or an establishment that
holds itself out or identifies itself to the public by its name, its
signs and/or its advertising as an adult movie theater or a movie
theater where adult-oriented motion-picture materials are typically
or on a frequently recurring basis shown, including, without limitation,
by allusions to sexual stimulation or gratification or by references
to "adult entertainment" or similar terms.
Adult-oriented printed or graphic materials and/or adult-oriented
motion-picture materials.
Motion-picture materials which have as their dominant subject
or theme, or which are distinguished or characterized by their primary
emphasis on, the depiction or description of specified sexual activities
or specified anatomical areas.
Printed or graphic materials that have as their dominant
subject or theme, or that are distinguished or characterized by their
primary emphasis on, the depiction or description of specified sexual
activities or specified anatomical areas.
An adult bookstore, adult club, adult movie theater, adult
dry cabaret, adult video store, adult video rental store or adult
viewing facility.
[Amended 6-26-2023 by Ord. No. 23-28]
An establishment that sells at retail adult-oriented motion-picture
materials, provided that 40% or more of the store's inventory of motion-picture
materials that is displayed and offered for sale in the store (either
in terms of the number of items or in terms of the aggregate retail
value of such items) consists of adult-oriented motion-picture materials,
or that 40% or more of the display space or floor area devoted to
motion-picture materials for sale in the store is devoted to adult-oriented
motion-picture materials, or that 40% or more of the store's gross
receipts from the sale of motion-picture materials during any calendar
month is attributable to the sale of adult-oriented motion-picture
materials, or that the store holds itself out or identifies itself
to the public by its name, its signs and/or its advertising as an
adult video store or as a source of adult-oriented materials, including,
without limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult videos," "adult entertainment"
or similar terms.
An establishment that rents motion-picture materials, provided
that 40% or more of the store's inventory of motion-picture materials
that is displayed and offered for rent in the store (either in terms
of the number of items or in terms of the aggregate rental value of
such items) consists of adult-oriented motion-picture materials or
that 40% or more of the display space or floor area devoted to motion-picture
materials for rent in the store is devoted to adult-oriented motion-picture
materials, or that 40% or more of the store's gross receipts from
the rental of motion-picture materials during any calendar month is
attributable to the rental of adult-oriented motion-picture materials,
or that the establishment holds itself out to the public by its name,
its signs and/or its advertising as an adult video rental store or
as a source of adult-oriented materials, including, without limitation,
by verbal or pictorial allusions to sexual stimulation or gratification
or by references to "adult videos," "adult entertainment" or similar
terms.
An establishment, open to the public, that allows individuals
to view adult-oriented motion-picture materials on site, provided
that 40% or more of the motion-picture materials available for such
on-site viewing consists of adult-oriented motion-picture materials,
or that 40% or more of the display space or floor area devoted to
motion-picture materials that can be viewed in the establishment is
devoted to adult-oriented motion-picture materials, or that 40% or
more of the motion-picture materials actually viewed in the establishment
in any calendar month is adult-oriented motion-picture materials,
or that 40% or more of the establishment's gross receipts from on-site
viewing of motion-picture materials during any calendar month is attributable
to the viewing of adult-oriented motion-picture materials, or that
the establishment holds itself out or identifies itself to the public
by its name, its signs and/or its advertising as an adult viewing
facility or as a source of adult-oriented materials, including, without
limitation, by verbal or pictorial allusions to sexual stimulation
or gratification or by references to "adult videos," "adult entertainment"
or similar terms.
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.
The ownership or control of all land, property, and that
area of space at and above a horizontal plane over the ground surface
of the land.
Any land intended for the landing or takeoff of aircraft.
A public highway which is a narrow way, less in size than
a street, and which is not designed for general travel, which is used
primarily as a means of access to the rear of residences and business
establishments and which, generally, affords only a secondary means
of access to the property abutting along its length.
Any use of real property that is allowed by and subject to
the provisions of this chapter in a particular zoning district or
at a particular location, including, without limitation, any of the
following types of uses: a permitted use, an auxiliary permitted use,
a conditional use, a special licensed use, a nonconforming use or
an accessory use.
A physical change in a building or an addition to it. As
applied to a building or structure, "alteration" means a change or
rearrangement in the structural parts or in the exit facilities or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
A radio antenna and associated equipment operated for noncommercial
purposes as a hobby.
Aesthetic or other characteristics of a development that
increase its desirability to a community or its marketability to the
public. It may include such things as a unified building design, recreational
facilities, such as swimming pools or tennis courts, security systems,
views, landscaping or tree preservation, or attractive site design.
Amplified music which cannot be heard beyond the property
boundaries wherein the amplified music originated.
[Amended 5-17-2010 by Ord. No. 10-30; 7-20-2020 by Ord. No. 20-26]
Any system of wires, poles, rods, reflecting discs, aerials
or similar devices used for the transmission or reception of electromagnetic
waves external to or attached to the exterior of any permitted principal
use or structure.
A room or suite of rooms in a multiple dwelling intended
to be designed for use as a residence by a single family.
A dwelling unit of not more than one room in addition to
a kitchen and bath and intended primarily as a residence for a single
person.
The owner or user of the property on which a structure is
proposed to be located or modified who/which is seeking a permit.
A public street or highway that is designated as an arterial
street or arterial highway in the Village Comprehensive Plan.
A facility, however named, which is designed, staffed and
equipped for the care of individuals who are not in need of hospital
or nursing care but who are in need of assistance with everyday activities
of living, due to age or other illness.
A principal use that is a permitted use only when it is auxiliary
(secondary) to one or more permitted uses located in a principal building,
in that it is located in the same principal building as the permitted
use(s), and for any retail or service auxiliary uses it is designed
to serve the needs of the occupants of the principal building, has
no dedicated outside entrance to such building, and has no signage
visible from the exterior of such building.
[Amended 7-15-2013 by Ord. No. 13-29]
A roof-like cover that projects from the wall of a building
for the purpose of shielding a doorway or window from the elements.
Any enclosed area of a building having its floor below ground
level on at least three sides.
A beer garden shall mean an open air, roofed or unroofed
area that is not part of a permanent building where beer and other
alcoholic beverages are stored, sold, served, and consumed.
[Added 6-26-2023 by Ord. No. 23-26]
A single retail store (not a shopping center) having a gross
floor area of at least 50,000 square feet.
Any accessory building designed for the purpose of storing
boats and other water-related recreational materials.
Any roofed structure that provides or is designed to provide
housing, shelter, enclosure, protection or support for persons, animals
or property. Whenever any portion of a building is completely separated
from every other portion of the building by a fire division wall without
pedestrian openings, it shall be deemed to be a separate attached
building.
An establishment that provides or allows for the provision
of indoor or outdoor live entertainment or amplified music for the
benefit of the public, wherein alcoholic beverages are served or sold.
Establishments that provide amplified ambient music are excluded from
this definition.
[Amended 5-17-2010 by Ord. No. 10-30]
Any area or tract of land used to accommodate two or more
camping parties, including cabins, tents, house trailers, or other
camping outfits.
A cooperative effort between educators and the business community
wherein they are committed to helping to educate high school students
by providing them with an innovative place to develop marketable skills,
work-based learning experiences, and focused pathways to productive
employment. Said academies are focused on a career theme, such as,
but not limited to, health care, finance, electronics, or technology,
which would be determined by local employment opportunities and the
evidence of a growing demand for such experiences. Those persons attending
academies shall be limited to high school students in grades nine
through 12 who shall be taught the primary educational classes at
a home-based local high school, area employers or businesses, and/or
area colleges to provide customized training for employers in area
businesses and industrial development. The academy should concentrate
on the occupational-related classes that focus on the particular career
area. Local employers from that occupational field should help plan
and guide the program in cooperation with local teachers and administrators
and should act as mentors and job supervisors for the students.
A structure having a roof, with or without supporting walls,
posts or columns, used, designed or intended to be used for the protection
or shelter of private motor vehicles.
Any facility used for the washing of vehicles requiring the
installation of special equipment or machinery and plumbing affixed
to or affixed separate from a structure.
Land used for the burial of the dead and dedicated for cemetery
purposes, including columbaria, crematories, mausoleums, and mortuaries
when operated in conjunction with and within the boundary of such
cemetery.
A post-construction certificate provided by the Village stating
that there are no violations of the applicable zoning requirements.
A document provided by the Village which states that there
are no violations of the applicable codes which could reasonably be
expected to affect the health and safety of the occupant. It is unlawful
to occupy these premises without a certificate of occupancy or in
violation of the zoning district. If use of the structure is to be
changed, a new certificate must be obtained.
The commencement of occupancy or use of a principal building
or a principal structure, or of a unit thereof (e.g., an individual
store space in a shopping center), by a new, different or additional
occupant or user, including, without limitation, either a new business,
company, firm or organization or a new owner or operator of an existing
business, company, firm or organization.
The commencement of a new, different or additional principal
use on a lot or site, or in or on a building or structure located
thereon, including, without limitation, the recommencement of any
principal use which has not been conducted there for 12 consecutive
months or more, or the commencement of any principal use on a lot
or site or in or on a building or structure located thereon which
has been vacant or not used for an allowed principal use for 12 or
more consecutive months. [Note: an existing use can be transferred
to and continued by a new owner or operator, with or without a name
change, without a change in use, so long as the nature of the use
does not change (e.g., a restaurant owned and operated by ABC, which
serves only seated customers, is transferred to and continued by XYZ
with an appropriate name change: there is no change in use, so long
as there is no cessation of the restaurant use for 12 or more consecutive
months, but if XYZ begins to serve customers from a drive-through
facility at the restaurant, there is a change in use).]
A building in which persons regularly assemble for public
religious worship which is maintained and controlled by a religious
body organized to sustain public worship.
A facility for the examination, diagnosis and treatment of
outpatients.
The lowest temperature at which a combustible liquid under
prescribed conditions will give off a flammable vapor which will propagate
a flame. The Tag closed-cup tester shall be authoritative for liquids
having a flash point below 175° F. The Pensky-Martens tester shall
be authoritative for liquids having flash points between 175°
F. and 350° F.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational, or recreational
purpose, to which membership is required for participation, and not
operated primarily for profit nor to render a service which is customarily
carried on as a business.
An establishment that sells coffee and may sell baked goods,
other snacks or other nonalcoholic beverages, for consumption on or
off the premises, and in which there is no live entertainment.[1]
A use involving commerce, without regard to the type of zoning
district in which the use is located.
Any facility falling within the definition of § 46.03(22),
Wis. Stats.
A building principally used for recreational, cultural and/or
other community activities.
A living facility such as an adult family home (AFH), a community-based
residential facility (CBRF), a residential care apartment complex
(RCAC), a group home, an assisted living facility, or a senior housing
facility. A community living arrangement is not a nursing home or
a hospital.
The Village of Pleasant Prairie Comprehensive Plan as adopted pursuant to Chapter 390 of the Village Code of Ordinances.
[Amended 3-15-2010 by Ord. No. 10-21]
A plan for a proposed development of real property which
explains, describes and depicts the concept of a development proposal,
including but not limited to proposed use(s), density, lot layout
(including outlots), street layout, public improvements, dedications,
building locations, floor plans and artist renderings of buildings,
locations of environmental features, stormwater management, and landscaping.
Conceptual plan approval typically informs the petitioner that the
concept of the proposed development is generally acceptable under
then-current standards and that the next step of the development review
and approval process may proceed. Conceptual plan approval does not
grant or result in any vested right to proceed with the proposed development.
A facility principally used for the presentation of concerts
or other musical performances.
A use that has been legislatively approved in this chapter
for a particular zoning district, subject to required administrative
approvals and conditions based on substantial evidence by the Village
Plan Commission of the particular proposed use at a particular proposed
location, for a prescribed period of time (in the form of a conditional
use permit), but does not include a variance. “Substantial evidence”
shall mean facts and information, other than merely personal preference
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion. Furthermore,
the conditional use permit process is designed to be a flexible device
designed to cope with situations where a particular use, although
not permitted as a matter of right, is not inherently inconsistent
with the use classification of a particular district but could create
special problems and hazards if allowed to develop and locate as a
matter of right in a particular district and therefore is in need
of special consideration. A conditional use may require other Village
permits, licenses or approvals in addition to the conditional use
permit.
[Amended 7-20-2020 by Ord. No. 20-26]
A single living unit wherein an owner shares a portion of
the common property and amenities on the larger lot. Dwelling units
may be located in a multi-unit building that are side by side or stacked
or the units may be detached from one another.
[Amended 7-20-2020 by Ord. No. 20-16]
Guidelines and specifications for soil and water conservation
practices and management enumerated in the technical guide prepared
by the United States Department of Agriculture Natural Resources Conservation
Service for Kenosha County, adopted by the County Soil and Water Conservation
District Supervisors, and containing suitable alternatives for the
use and treatment of land based upon its capabilities from which the
landowner selects that alternative which best meets his needs in developing
his soil and water conservation plan.
A retail store selling groceries and household or convenience
products which has less than 5,000 square feet of gross floor area.
Also referred to as a payday loan business, title for cash business, check cashing business, deferred presentment service provider or similar enterprise licensed pursuant to § 218.05, Wis. Stats., or a person licensed pursuant to § 138.09, Wis. Stats., who accepts a check or title, holds the check or title for a period of time before negotiating or presenting the check or title for payment, and pays to the issuer an agreed-upon cash, or who refinances or consolidates such a transaction, or a secondhand article dealer or secondhand jewelry dealer pursuant to Chapter 282 of the Village Municipal Code, except an establishment which meets all of the following requirements is exempted from the definition of "convenient cash business," even if the establishment purchases, receives or exchanges any secondhand article or secondhand jewelry pursuant to Chapter 282 of the Village Municipal Code:
[Added 1-15-2007 by Ord. No. 07-01; amended 5-17-2010 by Ord. No.
10-31; 10-24-2011 by Ord. No. 11-32; 7-20-2020 by Ord. No. 20-26]
The primary business of the establishment is the retail sale
of new merchandise;
Forty percent or less of the establishment's inventory that is displayed and offered for sale in the store, determined by number of items, is secondhand articles and secondhand jewelry as defined in Chapter 282;
Forty percent or less of the establishment's inventory that is displayed and offered for sale in the store, determined by the aggregate retail value of such items, is secondhand articles and secondhand jewelry as defined in Chapter 282;
Forty percent or less of the establishment's floor space devoted to retail sales and display space is devoted to the display for sale of secondhand articles and secondhand jewelry as defined in Chapter 282; and
Forty percent or less of the establishment's gross receipts each calendar month is attributable to the sale of secondhand articles and secondhand jewelry as defined in Chapter 282.
A pile of wood or other course material, eight feet long,
four feet high and four feet broad.
A lot located at the corner formed by the intersection of
two streets.
A crane that projects over the side of an embankment for
raising or lowering boats or other watercraft into and out of the
water.
An establishment which provides shelter, care, activity and
supervision (with or without academic instruction) for children who
are not the children, foster children or legal wards of the attendant
adult(s), or for adults who are not the parents or legal wards of
the attendant adult(s), during all or part of the time between 7:00
a.m. and 7:00 p.m.
A unit of measurement of the intensity (loudness) of sound.
Sound-level meters which are employed to measure the intensity of
sound are calibrated in decibels.
A beer brewing facility located in a restaurant or tavern,
which restaurant or tavern is the exclusive sales outlet for the beer
made on site.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings or other structures, or dredging, filling,
grading, paving, excavating, drilling, or the disposition of materials,
or installing streets, sewers, water mains, stormwater management
improvements or other similar improvements.
A restaurant in which a play or other dramatic performance
is presented during or after the meal.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform.
A part or parts of the Village for which the regulations
of this chapter governing the use and location of land and buildings
are uniform (such as the residential, commercial, and industrial district
classifications).
Overlay districts allow for superimposing certain additional
requirements or uses upon a basic zoning district which are compatible
with the basic district. If there are conflicting requirements, those
which are stricter shall apply.
A building or portion thereof used for sleeping purposes
in connection with a school, college or other institution.
A surface ditch or underground tile line constructed for
the purpose of lowering the water table so that land may be farmed
or used for other purposes.
Any natural or artificial watercourse, including but not
limited to streams, rivers, creeks, ditches, channels, canals, conduits,
culverts, waterways, gullies, ravines or washes, in which waters flow
in a definite direction or course, either continuously or intermittently,
and including any area adjacent thereto which is subject to inundation
by reason of overflow or floodwater.
[Amended 7-20-2020 by Ord. No. 20-26]
The process by which bottom materials are removed from bodies
of water for the purposes of deepening the body of water.
A restaurant designed and operated so that customers can
order a meal from their automobile, which meal is served to the customers
and eaten by the customers in their automobile while on site.
An establishment that provides or allows the provision of
indoor or outdoor live entertainment or amplified music for the benefit
of the public, wherein alcoholic beverages are not served or sold,
and is exclusive of indoor theaters, indoor dinner theaters, indoor
concert facilities and any organized sporting events. Establishments
that provide amplified ambient music are excluded from this definition.
[Amended 5-17-2010 by Ord. No. 10-30]
A lot or land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning, or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
The rate that particulate matter collects in an open jar
for a thirty-day period, expressed as tons per square mile per month.
Procedures and equipment for the measurement of such shall be as standardized
by the American Society for Testing and Materials.
See "dwelling unit."
[2]Two attached side-by-side or stacked dwelling units separated
from one another by fire wall wherein both units are located on the
same lot.
[Amended 7-20-2020 by Ord. No. 20-16[3]]
Three or more attached side-by-side dwelling units separated
from one another by continuous vertical fire wall with sound attenuation
without openings from basement floor to roof wherein each unit is
located on its own lot.
[Amended 7-20-2020 by Ord. No. 20-16]
A residential building not containing more than one dwelling
unit, used for one family, constructed on site or brought to the site
in modular or panelized sections and constructed; however, a single-family
dwelling is not by this chapter a manufactured home or a mobile home
as defined in this chapter.
Two attached side-by-side dwelling units separated from one
another by a continuous vertical fire wall with sound attenuation
without openings from basement floor to roof wherein each unit is
located on its own lot.
[Added 7-20-2020 by Ord. No. 20-16]
A building or portion thereof used exclusively for residential
purposes, including one-family, two-family and multiple-family dwellings,
or a short-term rental pursuant to § 66.1014, Wis. Stats.,
but not including hotels and boarding and lodging houses. Each dwelling
unit shall have lockable entrances and exits that allow for uninhibited
movement throughout the entire dwelling unit, one complete kitchen
facility, and, at a minimum, a bathroom and a living/sleeping area.[4]
[Amended 12-11-2023 by Ord. No. 23-51]
Describes a cyclic movement of the earth due to energy propagation.
Any process which physically alters the existing topography
by means of mechanical or hydraulic equipment.
The removal or extraction of any stone, sand, gravel, loam,
topsoil, or other earth or earth product from a lot or parcel of land,
except where such removal is for the purpose of grading a lot upon
which a building is to be erected, a roadway is to be built, or a
platting thereof is to be made.
A right given by the owner of land to another party for a
specific limited use of that land.
An animal confinement facility used or designed for the raising
of poultry for egg production having a capacity of 200 or more animal
units.
See the definition for "utility substation."
[Amended 3-15-2010 by Ord. No. 10-21]
Public or private enclosures designed to protect people from
aerial, radiological, biological, or chemical warfare, fire, flood,
windstorm, riots, and invasions.
An enlargement is an addition to the floor area of an existing
building, an increase in the size of any other structure, or an increase
in that portion of a tract of land occupied by an existing use. To
enlarge is to make an enlargement.
The process by which the ground surface is worn away by action
of wind or water.
Services provided by public and private utilities necessary
for the exercise of the principal, accessory or conditional use or
service of the principal, accessory or conditional structure. These
services include underground, surface, or overhead gas, electrical,
steam, water, sanitary sewage, stormwater drainage, and communication
systems and accessories thereto, such as poles, wires, mains, drains,
vaults, culverts, laterals, sewers, pipes, catch basins, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, pumps,
and hydrants, but not including buildings. This does not include residential
or commercial communication structures.
The act by which soil, earth, sand, gravel, rock or any similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Implies increase or amplification as distinguished from inception.
An extension is an increase in the amount of existing floor
area used for an existing use within an existing building. To extend
is to make an extension.
The most exterior part of a wall, sun screen or any screening
or material covering a building.
One person or two or more persons, related by blood, foster
relationship, marriage or adoption, and, in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related, and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder or lodger shall not be considered a member of the
family.
[Amended 7-20-2020 by Ord. No. 20-26]
A zoned area which is used for the growing of the usual farm
products, such as vegetables, fruit trees, and grain, etc., and their
storage on the area, as well as for raising livestock as defined in
this chapter.
[Amended 3-15-2010 by Ord. No. 10-21]
[Amended 3-15-2010 by Ord. No. 10-21]
The following facilities shall be considered
feedlots: any tract of land or structure wherein any type of fowl
or poultry or the by-products thereof are raised for sale at wholesale
or retail; any structure, pen, or corral wherein any livestock is
maintained in close quarters for the purpose of fattening such livestock
for final shipment to market; and the raising of swine under any conditions.
An animal confinement facility used or designed
for the feeding or holding of 500 or more livestock animal units for
a period of 30 days or more.
Any act by which soil, earth, sand, gravel, rock or any similar
material is deposited, placed, pushed, pulled or transported and shall
include the condition resulting therefrom.
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of all
of the floors of a building, or of a portion thereof, devoted to a
use requiring off-street parking or loading, 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, but not including floor area devoted primarily to storage
purposes except as otherwise noted herein.
The area of the ground surface outlined by the intersection
with the ground of the outer edge of the foundation of an existing
or proposed building or other structure, as seen from directly above,
and typically depicted on a survey, plat, site plan or other scale
map.
Any home licensed as such by the State Department of Children
and Family Services.
[Amended 7-20-2020 by Ord. No. 20-26]
A retail store selling groceries and household, pharmaceutical,
and convenience products generally to the freeway traveling public
and which has a gross floor area of 5,000 square feet or more but
less than 15,000 square feet.
Signifies the number of oscillations per second in a sound
wave and is an index of the pitch of the resulting sound.
Occurring on six or more occasions within a period of six
calendar months, provided that such six or more occasions occur within
at least three separate calendar weeks (i.e., the period of seven
consecutive days beginning with Sunday and ending with Saturday).
The distance of actual contiguity between a lot and a single
street, measured along the lateral street right-of-way line, including,
without limitation, the lateral street right-of-way line of a cul-de-sac.
(Note: The portion of a lot that abuts a transverse street right-of-way
line, e.g., the right-of-way line associated with the stub end of
a street or with a street turnaround that is not a cul-de-sac, is
not counted as frontage.)
The line(s), as seen from directly above, formed by the intersection
with the ground of the outer edge of those portions of the foundation
of a principal building that are situated between the primary front
corners of such foundation.
From the perspective of the front lot line, that portion
of a lot lying in front of a line that is parallel to the straight
line connecting the two points of intersection between the front lot
line of such lot and the side lot lines of such lot (the "connecting
line") and that also passes through the midpoint of the longest possible
straight line across such lot which intersects the connecting line
at a right angle.
Typically, that portion of the public street right-of-way
line on which a lot abuts. (In the situation of a lot having two or
more sides that abut public streets, the front lot line is determined
by reference to the right-of-way line of the public street on which
the principal building will or does front or which will or does control
the address of the principal building. In the situation of a lot having
a side that only partially abuts a public street on which the principal
building will or does front or which will or does control the address
of the principal building, the front lot line will be that portion
of the public street right-of-way line on which the lot directly abuts
together with the property line of the nonabutting portion of such
partially abutting side of the lot.)
See "street yard."
[Added 7-20-2020 by Ord. No. 20-26]
Any property comprising land or buildings, or both, used
for the purpose of raising or harboring fur-bearing animals, including
those defined in § 29.001(30), Wis. Stats., and also including
chinchillas and other fur-bearing animals, if any, whether the animals
are kept for breeding or slaughtering or pelting purposes.
A building for the storing of motor vehicles or other household
items.
A private garage which has a roof or wall, or a major portion
of a roof or wall, in common with a dwelling. Where the garage is
attached to a dwelling in this manner, it shall be subject to all
yard requirements of the main building.
A multiple-family dwelling which shall not exceed four stories
in height.
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aids and minor automobile
accessories and not including vehicular servicing, such as, but not
limited to, oil changes, engine or body repairs or the painting of
vehicles. A gasoline station is not a truck stop and/or truck service
facility as defined in this chapter.
[Amended 4-17-2017 by Ord. No. 17-15]
A freestanding detached accessory framed structure with or
without a solid roof with open or screen walls used to provide shelter
or for outdoor seating.
[Added 7-24-2023 by Ord. No. 23-30]
A comparatively large, unobstructed acreage involving enough
room over which to walk or ride, point to point, over a generally
prescribed course and to strive to send a ball long distances with
variable accuracy, all without unreasonably endangering other players
or intruding upon them.
The lowest point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the building
and the property line. In cases where the property line is more than
five feet from the building, the grade shall be determined between
the building and a line five feet from the building.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, but not including
agricultural land uses, such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications, including stripping, excavating,
filling, stockpiling, or any combination thereof, including the land
in its excavated or filled condition.
A retail store selling groceries and household or convenience
products which has a gross floor area of 5,000 square feet or more
but less than 50,000 square feet.
The total number of residential units or lots divided by
the area of the lands within a residential development, excluding
public streets and all lands used for business, manufacturing, institutional
and park and recreational uses.
The sum of the gross horizontal areas of all floors of a
building, measured from the exterior faces of the exterior walls or
from the center line of walls separating two attached buildings. Without
limitation, the gross floor area of a building shall include elevator
shafts and stairwells at each floor, floor space used for mechanical
equipment (except when located on a roof), penthouses, attic space
having a headroom of seven feet 10 inches or more, interior balconies
and mezzanines, enclosed porches, and floor area devoted to accessory
uses.
A room in a dwelling unit designed to be used for living,
sleeping, or dining, excluding bathrooms, laundries, toilet rooms,
closets, pantries, halls, storage spaces, kitchens and similar spaces.
The vertical distance from the mean elevation of the finished
lot grade along the front of a building to the highest point of the
roof.
An area used or to be used for landing or takeoff of helicopters
or other steep-gradient aircraft capable of hovering, and may include
any or all of the areas or buildings which are appropriate to accomplish
these functions.
The area within the right-of-way lines of a public highway,
as distinguished from the paved roadway of a highway.
For the purpose of this chapter, any reference to a home occupation shall mean a home-based business under Article VII in this chapter.
[Amended 11-21-2016 by Ord. No. 16-38]
An institution providing health services, primarily for inpatients,
and medical or surgical care of the sick or injured, including as
an integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central service facilities,
and staff offices.
A building in which overnight lodging facilities and services
are provided to the general public for compensation and in which ingress
or egress to the individual guest rooms is through a central lobby
and internal corridors that are heated and air conditioned and not
directly through individual external doors. For purposes of this chapter,
"hotel" and "motel" are mutually exclusive.
A hotel with a barroom or bar facilities used in connection
with banquet and convention activities, or for hotel guests, which
bar is not advertised to the general public and has no signage visible
from the exterior of the hotel.
The hours during which the public is invited onto or permitted
to remain on the premises of a business, manufacturing, institutional
or other nonresidential use.
A structure not more than 20 feet by 20 feet used for the
sheltering of not more than two horses.
The cultivation or production of plants and animals (livestock)
and/or the by-products thereof.
A use that is not an allowed use.
A short-duration sound which is incapable of being accurately
measured on a sound-level meter.
A sound which is no longer than two seconds in duration,
followed by no less than a two-second rest.
Any street or public way or court, 30 feet or more in width,
which joins another at an angle, whether or not it crosses the other.
Includes, without limitation due to enumeration, scrap metal,
bones, rags, used cloth, used rubber, used rope, used tinfoil, used
bottles, used machinery, used tools, used appliances, used fixtures,
used utensils, used lumber, used boxes or crates, used pipe or pipe
fittings, used automobiles, used tires, and other manufactured goods
that are so worn, deteriorated or obsolete as to make them unusable
in their existing condition.
A place where junk, waste, discarded, or salvaged materials
are bought, sold, exchanged, stored, baled, packed, disassembled,
wrecked or dismantled, or handled, including automobile wrecking yards,
house wrecking, and structural steel materials and equipment, but
not including the purchase or storage of used furniture and household
equipment, used cars in operable condition, or used or salvaged materials
as part of manufacturing operations.
Any lots or premises on which five or more dogs or cats,
or both, at least five months of age are kept, boarded, or trained,
whether kept in special structures or runways.
[Amended 3-15-2010 by Ord. No. 10-21]
Any room or area used, intended to be used or designed to
be used either wholly or partly for cooking and/or the preparation
of food.
A building or part of a building devoted to the testing and
analysis of any product or animal (including humans) or to the development
of and fabrication of preliminary or pilot models. Also includes a
laboratory which provides bacteriological, biological, medical, x-ray,
pathological and similar analytical or diagnostic services to doctors
or dentists. No fabricating is conducted on the premises, except the
custom fabrication of dentures. No manufacturing is conducted on the
premises, except for experimental or testing purposes.
See "sanitary landfill."
Section lines, half-section lines, quarter-section lines,
and other property lines established by metes and bounds outside the
boundaries of reported land subdivision plats.
An area that is permanently devoted and maintained to the
growing of trees, shrubbery, grass and other plant material.
The improvement of a lot, parcel or tract of land with grass
and shrubs and/or trees. Landscaping may include pedestrian walks,
flower beds, and ornamental objects such as fountains, statuary, and
other similar natural objects designed and arranged to produce an
aesthetically pleasing effect.
A business that provides washing, drying and/or ironing machines
for hire to be used by customers on the premises.
Agricultural districts are less restrictive
than residential districts
Residential districts are less restrictive than
business districts
Business districts are less restrictive than
manufacturing districts
Manufacturing districts are less restrictive
than institutional districts
Conservancy districts shall not be considered
less restrictive districts. If any portion of the property is located
within the C-1 or C-3 Conservancy District, the property area within
the C-1 or C-3 District shall conform to the regulations of that C-1
or C-3 District.
A place in which books, manuscripts, musical scores or other
literary and artistic materials are kept for use and only incidentally
for sale.
Animals, such as but not limited to cows, llamas, alpaca,
buffalo/bison, horses, camels, deer, donkey/mules, reindeer, sheep,
water buffalo, yak, fowl or poultry, rabbits and pigs, which are raised
for sale, resale, agricultural field production, human consumption
or pleasure. (Note: Goats are not considered livestock and are not
allowed to be kept or raised for sale, resale, agricultural field
production, human consumption or pleasure.)
[Amended 3-15-2010 by Ord. No. 10-21]
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to public street or alley.
Any legally created and described parcel of land. (Note,
however, that when "lot" is used in combination with other words in
a defined term, e.g., "lot of record," it may be used to describe
an existing parcel of land without respect to whether the parcel was
legally created. (See separate definitions for "lot of record," "corner
lot," "through lot," "nonconforming lot," "front lot line," "rear
lot line," "side lot line," "front half of a lot" "rear half of a
lot.")
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines or
as measured as the distance between the midpoint of the front lot
line and rear lot line.
A lot other than a corner lot.
The property lines bounding a lot.
A parcel of land created and described by an instrument recorded
in the office of the Kenosha County Register of Deeds. (Note that
a lot of record may or may not be a legally created and described
parcel of land.)
A factory-built, single-family structure that is manufactured
under the authority of 42 U.S.C. § 5401, the National Manufactured
Home Construction and Safety Standards Act, is transportable in one
or more sections, is built on a permanent chassis and fitted with
wheels, is intended to be hauled to a site and is registered and titled
with the Wisconsin Department of Transportation.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel or tract of land under single ownership which has
been planned and improved for the placement of mobile homes for dwelling
purposes.
That part of an individual mobile home space which has been
planned and improved for the placement of the mobile home and additions
or attachments thereto.
The processing and converting of raw, unfinished, or finished
materials or products, or any of these, into an article or substance
of different character, or for use for a different purpose; also industries
furnishing labor in the case of manufacturing or the refinishing of
manufactured articles.
[Amended 7-20-2020 by Ord. No. 20-26]
A place for docking or storage of pleasure boats or providing
services to pleasure boats and the occupants thereof, including minor
servicing and repair to boats while in the water, sale of fuel and
supplies, or provision of lodging, food, beverages, and entertainment
as accessory uses. A yacht club shall be considered a marina, but
a hotel, motel, or similar use, where docking of boats and provision
of services thereto are incidental to other activities, shall not
be considered a marina, nor shall boat docks accessory to a multiple
dwelling where no boat-related services are rendered.
A unit of length, equal to 0.001 millimeter.
A transportable, factory-built home designed to be used as
a year-round residential dwelling and built prior to the enactment
of the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
A factory-fabricated transportable building designed to be
used by itself or to be incorporated with units at a building site
into a modular structure to be used for residential, commercial, educational
or industrial purposes. This is not a manufactured home or a mobile
home as defined in this chapter.
A place where the unidentified and derelict dead are at all
times received and kept and exposed to public view for the purposes
of identification.
A building or buildings in which overnight lodging facilities
and services are provided to the general public for compensation and
in which ingress or egress to all or some of the individual guest
rooms is made directly through individual exterior doors rather than
through a central lobby and internal corridors that are heated and
air conditioned. For purposes of this chapter, "motel" and "hotel"
are mutually exclusive.
Videotapes, films, discs, slide shows, or other recordings
of visual images from which motion pictures or a series of still pictures
can be projected or reproduced and viewed, with or without audio accompaniment.
Three or more attached dwelling units.
See § 281.31(2)(d), Wis. Stats.
A component plan of the Village's Comprehensive Plan focusing
on a particular neighborhood specified in the Comprehensive Plan (or
on a portion of such a neighborhood) which provides guidelines for
the development and use of the real property within such neighborhood,
taking into account the compatibility of land uses, how future land
divisions could occur, and how street access to the land divisions
could be provided and examining the practicability of providing certain
lot layouts, street layouts, parkways, open space areas, park areas,
preservation areas, public community facilities, infrastructure improvements
and municipal services to service the particular neighborhood or portion
thereof.
The total number of units or lots divided by the lands within
the neighborhood, excluding floodplains, wetlands, lands with primary
environmental corridors, lands with slope greater than 20%, public
roadway rights-of-way and all lands proposed for business, manufacturing,
institutional and public park and recreational uses.
[Amended 12-21-2009 by Ord. No. 09-61]
See definition in § 420-140B.
[Amended 7-20-2020 by Ord. No. 20-26]
See definition in § 420-140B.
[Added 7-20-2020 by Ord. No. 20-26]
See definition in § 420-140B.
[Amended 7-20-2020 by Ord. No. 20-26]
Material which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
upon the physical or economic well-being of individuals.
Any land used to raise trees, shrubs, flowers, and other
plants for sale or for transplanting.
A fully supervised living facility wherein skilled professionals
provide continuous care or treatment of any person. A nursing home
is not a hospital and is not a community living arrangement.
A prescribed interval of sound frequencies which permits
classifying sound according to its pitch.
Any matter or material that yields an odor which is offensive
in any way or any matter or material that produces a response in the
normal human nose.
The lowest concentration of odorous matter in the air that
will produce a response in the normal human nose.
Village Board-approved means of ingress or egress to a structure
or lot.
Includes a state-approved septic or mound system for collection
of sanitary waste and eventual absorption of such waste into the surrounding
soils.
The parts of a lot or approved site that are not covered
by buildings or structures or by paved, graveled or artificial surfaces.
Water surfaces of improvements such as ponds, detention basins and
retention basins will be deemed to be open space.
Directly across the street or highway from the subject lot
or site, but only to the extent of frontage on such street or highway
and real property contiguous to such frontage which is situated between
the side lot lines of the subject lot or site extended across such
street or highway.
As defined by § NR 115.03(6), Wis. Adm. Code.
A parcel of land, other than a buildable lot or a block,
which is designated as such on a plat or certified survey map.[5]
Dust, smoke, or any other form of airborne pollution in the
form of minute separate particles.
In the context of a public hearing on an application for
a permit or approval under or contemplated by this chapter, the applicant(s),
the owner(s) of the subject lot or site, the owner(s) of any real
property that abuts the subject lot or site, the owner(s) of any real
property that is opposite the subject lot or site, and the owner(s)
of any other real property located within 300 feet of the subject
lot or site.
A terrace extending not more than six inches above the average
level of the ground at its margins, provided that no fixed walls or
roof shall be erected on or over any patio or similar structure that
is located in a required yard.
A criterion established for the purposes of assigning proposed
industrial uses to proper districts and making judgments in the control
of noise, odor, smoke, toxic matter, vibration, fire and explosive
hazards, or glare generated by, or inherent in, uses of land or buildings.
See "gazebo."
[Added 7-24-2023 by Ord. No. 23-30]
A foundation as constructed per the Wisconsin Uniform Dwelling
Code to include a full basement or crawl space; if the soil-bearing
capacity does not allow for such a basement, a temporary foundation
may be allowed by the Village Zoning Administrator.
A foundation with a minimum eight-foot basement constructed
per the Wisconsin Uniform Dwelling Code.
[Added 7-20-2020 by Ord. No. 20-16]
See "certificate of occupancy."
A principal use that has been legislatively approved in this
chapter for a particular zoning district, without a conditional use
permit, but which may require other Village permits, licenses or approvals.
An individual or group of individuals, corporation, partnership,
association, municipality, state agency or any other legal entity.
Animals commonly found in residences as pets, such as dogs,
cats, songbirds, rabbits, and other small animals, providing that
they are not raised or reared for commercial resale or as a source
of staple supplement. Household pets shall not include livestock,
except for rabbits. In addition, household pets shall not include
fowl or poultry, goats, pot belly pigs, exotic snakes, large reptiles
and exotic animals not commonly found in residences as determined
by the Village Zoning Administrator.
[Amended 3-15-2010 by Ord. No. 10-21; 3-2-2015 by Ord. No. 15-08; 7-20-2020 by Ord. No. 20-26]
That area of a principal building or of a unit of a principal
building occupied by one or more specified uses, which area is defined
in an approved site and operational plan, conditional use permit or
special Village license and is physically separated from other portions
of the building or other portions of a particular unit of the building
by walls, doorways, floor stripes, signs and/or other approved means
which individually or collectively make it readily apparent that one
is entering or leaving the defined area.
The establishment of a building or structure in a particular
location, whether by original construction or erection or by moving
a building or structure to a particular location, provided that the
required setbacks are met.
A covered entrance to a building, excluding the steps, supported
by columns or wall sections.
Any fowl, including but not limited to roosters, chickens,
pigeons, ducks, geese, turkeys and pheasants, that are kept or raised
for sale, resale, agricultural field production, human consumption
or pleasure.
[Amended 3-15-2010 by Ord. No. 10-21]
The two forwardmost outward-facing corners of the foundation
of a principal building, relative to the right-of-way line of the
public street on which the building fronts or which controls the address
of such building, ignoring corners of the foundation that support
minor building protrusions, such as steps, stoops, vestibules, chimneys,
etc. (Note: If the foundation of such a minor building protrusion
is located at what would otherwise be an actual outward-facing front
corner of the building foundation, the primary front corner of the
building foundation will be the hypothetical corner that would result
if the minor protrusion were removed, rather than the actual corner.)
The two rearmost outward-facing corners of the foundation
of a principal building, relative to the right-of-way line of the
public street on which the building fronts or which controls the address
of such building, ignoring corners of the foundation that support
minor building protrusions, such as steps, stoops, vestibules, chimneys,
etc. (Note: If the foundation of such a minor building protrusion
is located at what would otherwise be an actual outward-facing rear
corner of the building foundation, the primary rear corner of the
building foundation will be the hypothetical corner that would result
if the minor protrusion were removed, rather than the actual corner.)
A building occupied by or used for one or more principal
uses [and, if applicable, occupied by or used for one or more accessory
uses related to such principal use(s)].
A structure occupied by, used for or constituting one or
more principal uses [and, if applicable, occupied by or used for one
or more accessory uses related to such principal use(s)].
A primary use of real property, including any use that is
not an accessory use to a principal use conducted on the same lot
or approved site.
Books, magazines, newspapers, periodicals, calendars, posters,
cards, photographs, pictures, drawings or other similar printed or
graphic materials.
A use that cannot currently be lawfully commenced in a particular
zoning district or at a particular location.
Any use, development, structure, alteration, modification,
etc., for which a permit or approval is required by this chapter,
which has not yet been issued or granted, regardless of whether or
not the permit or approval has been requested, and regardless of whether
or not the use, development, structure, alteration, modification,
etc., has been commenced, constructed, installed or completed.
A place, cavern, or pit where stone is taken from the rock
or ledge, or dug from the earth, for building or other purposes; a
stone pit.
The digging out of stone or slate from an open excavation.
A strip of land with tracks and auxiliary facilities for
railway track operation, but not including freight depots or stations,
loading platforms, train sheds, warehouses, car or locomotive shops,
or car yards.
The line(s), as seen from directly above, formed by the intersection
with the ground of the outer edge of those portions of the foundation
of a principal building that are situated between the primary rear
corners of such foundation.
From the perspective of the front lot line, that portion
of a lot lying behind a line that is parallel to the straight line
connecting the two points of intersection between the front lot line
of such lot and the side lot lines of such lot (the "connecting line")
and that also passes through the midpoint of the longest possible
straight line across such lot which intersects the connecting line
at a right angle.
The property line of one or more sides of a lot that do not
intersect the front lot line. (Note: In the case of a triangular lot
having a side that abuts a public street, the rear lot line consists
of a point; in the case of a lot having five or more sides, the property
line of any side situated entirely in the rear half of the lot will
be deemed to be part of the rear lot line; in the case of a through
lot, the right-of-way line of the public street on which the rear
portion of the lot abuts.)
A required setback from the rear lot line, except in the
situation of a through lot. (Note: In the situation of a through lot,
there is a required street setback from the street right-of-way line
on which the rear portion of the lot abuts.)
The portion of a through lot bounded by the rear lot line (the street right-of-way line on which the rear portion of the lot abuts), the rear foundation line(s) of the principal building on such lot, the extension of each such rear foundation line forming a part of a primary rear corner of the foundation of such building (respectively) to the nearest side lot line, and that portion of each side lot line (respectively) lying between its point of intersection with the rear lot line and its point of intersection with a rear foundation line of the building so extended to such side lot line; provided, however, that in the situation of a through lot that is also a corner lot, the rear street yard does not include the area included within the side street yard. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[6]
[Amended 7-20-2020 by Ord. No. 20-26]
The portion of a lot bounded by the rear lot line, the rear foundation line(s) of the principal building on such lot, the extension of each such rear foundation line forming a part of a primary rear corner of the foundation of such building (respectively) to the nearest side lot line, and that portion of each side lot line (respectively) lying between its point of intersection with the rear lot line and its point of intersection with a rear foundation line of the building so extended to such side lot line; provided, however, that in the situation of a corner lot, the rear yard does not include the area included within the side street yard. (Note: In the case of a through lot, there is no rear yard, but see the definition of "rear street yard.") See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[7],[8]
[Amended 7-20-2020 by Ord. No. 20-26]
A shopping center located near an interstate highway interchange
and consisting of a minimum of 50,000 square feet of gross floor area.
A plant for reduction of dead animals, or slaughtered animals
not suitable for human consumption, to by-products, such as hide,
skin, grease, bones, glue and soap for the storage of such by-products.
A place where five or more adults reside that consists of
independent apartments, each of which has an individual lockable entrance
and exit, a kitchen, including a stove, and individual bathroom, sleeping
and living areas, and that provides, to a person who resides in the
place, not more than 28 hours per week of services that are supportive,
personal and nursing services. RCAC facilities do not include a nursing
home or a community-based residential facility (CBRF) but may be physically
part of a structure that is a nursing home or a CBRF. In this subsection,
"stove" means a cooking appliance that is a microwave oven of at least
1,000 watts or that consist of burners and an oven.
Residential transmission, receiving or relay towers, and/or
antennas, including without limitation amateur "ham" radio and satellite
and/or digital dishes.
An establishment in which providing meals for compensation
is the primary activity and where alcoholic beverages may be served,
but only incidental to the serving of meals for consumption on the
premises and not in an automobile; "restaurant" does not include a
boardinghouse, or a hotel providing room service, or a tavern, cabaret,
dry cabaret, adult dry cabaret, coffeehouse or similar use that incidentally
sells or serves food. (See "restaurant with a dedicated bar," "restaurant
with a drive-through facility" and "drive-in restaurant.")
[Amended 6-26-2023 by Ord. No. 23-28]
A restaurant with a bar where customers are served alcoholic
beverages only while waiting to be seated for a meal, which bar is
not advertised to the general public and has no signage visible from
the exterior of the restaurant.
A restaurant designed and operated so that customers can
order and receive a meal, typically to be eaten off site, while driving
an automobile through the restaurant site.
A facility used for professional, business, educational or
religious retreats, meetings, seminars or conferences, where meals,
lodging and recreation may be provided for participants in the retreat
or other program, but where neither meals nor overnight accommodations
are provided to the general public.
A building or premises used for the rental or lease of horses
or other livestock for riding.
[Amended 3-15-2010 by Ord. No. 10-21]
The boundary of a public highway or street.
One which is described in the United States Bureau of Mines
Information Circular 6888, or its successor, and on which are illustrated
graduated shades of grey for use in estimating the light-obscuring
capacity of smoke.
The number appearing in the Ringelmann Chart ascribed by
the observer to the density of the smoke emission. Where the density
or light-obstructing capacity of the smoke as observed falls between
two consecutive Ringelmann Numbers, the lowest Ringelmann Number shall
be considered the density of the smoke observed.
A health station or retreat; an institution for the recuperation
and treatment of persons suffering from physical or mental disorders.
A type of land disposal operation involving the disposal
of solid waste on land without creating nuisances or hazards to public
health or safety by utilizing the principals of engineering to confine
the solid waste to the smallest practical area, to reduce it to the
smallest practical volume, and to cover it with a layer of earth at
the conclusion of each day's operation or at such more frequent intervals
as may be necessary.
A building where persons regularly assemble for the purpose
of educational classes and instruction, together with the playgrounds,
athletic fields, stadiums and other structures or grounds used in
conjunction therewith; provided, however, that the definition of "school"
is limited to public or private schools used for primary or secondary
education in which classes for students in kindergarten and/or all
or some of grades one through 12 are regularly taught, or special
education facilities in which students with physical or learning disabilities
regularly receive specialized education in lieu of attending kindergarten
or any of grades one through 12.
As defined in § 282-3 of the Village Municipal Code. Some secondhand article dealers are considered a cash convenient business, as defined in this chapter.
[Added 5-17-2010 by Ord. No. 10-31; amended 10-24-2011 by Ord. No.
11-32]
As defined in § 282-3 of the Village Municipal Code. Some secondhand jewelry dealers are considered a cash convenient business, as defined in this chapter.
[Added 5-17-2010 by Ord. No. 10-31; amended 10-24-2011 by Ord. No.
11-32]
Soils or other surficial materials transported by winds or
surface waters as a product of erosion.
When any portion of human genitals, pubic region, buttocks
or anus, or any portion of the human female breast below the top of
the areola, is not completely and opaquely covered.
Housing for persons over 55 years of age.
The minimum distance that must separate a specified building
or structure from a specified property line or site feature. The setback
distance is measured from the foundation of a building or structure,
except to the extent that encroachments into the setback by building
elements, such as chimneys, porches or exterior stairs, may be allowed
by this chapter. (See "setback line," "street setback," "rear setback,"
"side setback," "wetland setback" and "shore setback." Note that dimensional
yard requirements in this chapter shall be interpreted as setback
requirements, and dimensional restrictions on encroachments into yards
shall be interpreted as exceptions to setback requirements.)
The actual or hypothetical line on the surface of a lot,
typically depicted on a survey, plat, site plan or other scale map,
that shows a required setback distance from a particular property
line or site feature.
As defined in § 59.692(1)(b), Wis. Stats.
A required setback from the ordinary high-water mark of a
body of navigable water.
The area of a lot between the ordinary high-water mark of
a body of navigable water and the shore setback line.
The line(s), as seen from directly above, formed by the intersection
with the ground of the outer edge of those portions of the foundation
of a principal building that are situated between the primary front
and rear corners on either side of such foundation.
A property line of one or more sides of a lot that intersects
both the front lot line and the rear lot line. (Note: In the case
of a lot having five or more sides, with at least one side located
entirely within the rear half of the lot, the property line of a side
located both in the front and rear halves of the lot and not itself
intersecting the front lot line will be deemed to be part of the side
lot line; in the case of a corner lot, one side lot line will be a
portion of the abutting public street right-of-way line.)
A required setback from the side lot line of a lot, except
that in the case of a corner lot there is no side setback from the
side lot line consisting of a street right-of-way line. (Note: In
the case of a corner lot, there is a required street setback from
the side lot line consisting of a street right-of-way line.)
The portion of a corner lot bounded by the side foundation line(s) of the principal building on such lot that is (are) closest to the right-of-way line of a street other than the one on which the principal building fronts or which controls the address of the principal building, the front foundation line of such building forming a part of the primary front corner of the foundation of such building closest to such side street right-of-way line extended to such right-of-way line, the side foundation line forming a part of the primary rear corner of such building closest to such side street right-of-way line extended to the rear lot line, the portion of such rear lot line between its point of intersection with such side foundation line extended and its point of intersection with such side street right-of-way line, and the portion of such side street right-of-way line between its point of intersection with the rear lot line and its point of intersection with the front foundation line extended to such side street right-of-way line. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[9]
[Amended 7-20-2020 by Ord. No. 20-26]
The portion(s) of a lot abutting the side foundation line(s) of the principal building on such lot that is (are) not included within the street yard, the side street yard, the rear yard or the rear street yard of such lot. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[10]
[Amended 7-20-2020 by Ord. No. 20-26]
Soil particles, intermediate in size between sand and clay,
which are readily transported by inflowing streams or surface waters
into a body of water.
The real property proposed to be developed or rezoned, or which is the subject of a requested site and operational plan approval, conditional use permit, special license or other permit or approval pursuant to this chapter or other applicable Village ordinances, or which has been developed or rezoned, or with respect to which a permit or approval has been granted, including any development or improvements thereon. [Note that a site containing more than a single lot must be unified, integrated and approved. See § 420-57B(22).]
Small gas-borne particles other than water that form a visible
plume in the air.
The number obtained when the smoke density in Ringelmann
Number is multiplied by the time of emission in minutes. For the purpose
of this calculation, a Ringelmann density reading shall be made at
least once a minute during the period of observation; each reading
is then multiplied by the time in minutes during which it was observed.
The various products are then added together to give the total number
of smoke units observed during the entire observation period.
Any earth, sand, gravel, rock or any similar material.
Garbage, refuse and all other discarded or salvageable solid
materials, including solid waste materials resulting from industrial,
commercial, and agricultural operations and from domestic use and
public service activities, but does not include solids or dissolved
material and wastewater effluent or other common water pollutants.
For an operation or use is the intensity of sound, measured
in decibels, produced by such operation or use.
An instrument standardized by the American National Standards
Association for measurement of intensity of sound.
[Amended 7-20-2020 by Ord. No. 20-26]
Same as "conditional use."
Any use requiring a special Village license, e.g., an adult-oriented-use
license, a business license, or a liquor license. A special licensed
use can only be conducted pursuant to and in accordance with a required
Village license, and the granting of such a license is not assured
either by permitted use status or by the granting of a conditional
use permit or of any other permit or approval under this chapter.
A special licensed use may require other Village permits or approvals.
[Amended 6-26-2023 by Ord. No. 23-28]
Less than completely covered human genitals, pubic region,
anus, buttocks and female breast below a point immediately above the
top of the areola, and human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Simulated or actual acts of human sexual intercourse, fellatio,
cunnilingus, sodomy, masturbation, sadomasochistic abuse, bestiality
or necrophilia; or simulated or actual physical contact, in an act
of apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, anus or buttocks or with a female
person's breast; or a person's simulated or actual use of an inanimate
object in an act of apparent sexual stimulation or gratification.
A court located on a hard surface where its primary purpose
is to play basketball, tennis, shuffleboard or other such sport or
activity. A residential driveway shall not be considered a sport court.
A slope over twelve-percent grade, which is characterized
by increased runoff, erosion and sediment hazards.
A use devoted exclusively to the retail sale or rental of
a goods or products.
That portion of a building included between a floor and the
floor or roof next above it. A basement is not to be counted as a
story unless the ceiling height exceeds four feet above the grade
or unless more than 40% of the basement is for living purposes.
The area within the right-of-way lines of a public street,
as distinguished from the paved roadway of a street. "Street" typically
includes "highway."
A required setback from the nearest right-of-way line of
any public street on which the lot abuts. (Note: In the case of a
corner lot or a through lot, there will be required setbacks from
the nearest right-of-way line of two streets; in the case of a lot
which is both a corner lot and a through lot, there will be required
setbacks from the nearest right-of-way line of three streets.)
The portion of a lot bounded by the front lot line, the front foundation line(s) of the principal building on such lot, the extension of each such front foundation line forming a part of a primary front corner of the foundation of such building (respectively) to the nearest side lot line, and that portion of each side lot line (respectively) lying between its point of intersection with the front lot line and its point of intersection with a front foundation line of the building so extended to such side lot line. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[11]
[Amended 7-20-2020 by Ord. No. 20-26]
Any activity which removes the vegetated surface cover, including
tree removal, clearing, grubbing and storage or removal of topsoil.
Any change in or modification of the supporting members of
a structure, such as foundations, bearing walls, columns, beams or
girders, or any work on or improvements to a structure that would
convert an existing structure into a new or substantially different
structure, or that would affect the structural quality of the structure,
or that would contribute to the longevity or permanence of the structure.
Anything that is constructed, built or erected, using any
material or combination of materials, which is supported by or attached
to the ground, or which is supported by or attached to something that
is supported by or attached to the ground, which is at least relatively
stationary, and which is not entirely enclosed within a building (unless
it is designed to be viewed from outside the building, e.g., an outward-facing
lighted sign in a window). Without limitation, "structure" includes
buildings, signs, fences, walls, driveways, decks, towers, swimming
pools, tree houses, drawbridges, berms, patios, exterior stairs, parking
lots, etc.
The lot, site or real property being referred to, typically
in the context of an application for a rezoning, a conditional use
permit, a site and operation plan approval, a special Village license,
a variance, or other Village permit or approval.
A retail store selling groceries and household or convenience
products which has a gross floor area of 50,000 square feet or more.
Any structure, including a hot tub, that is intended to hold
a minimum of 36 inches of water for recreational or therapeutic purposes,
that has electrical service or utilizes a pump and/or a filter, or
any structure for recreational or therapeutic purposes that is intended
to hold water with a water depth of 42 inches or greater. A hot tub
is defined as a fabricated hydromassage unit for recreational or therapeutic
use which is designed for immersion of users and at a minimum has
a filter, heater and motor-driven blower that is integral to the unit.
[Amended 10-17-2005 by Ord. No. 05-49]
An establishment used primarily for the serving of alcoholic
beverages by the drink to the public and where food or packaged alcoholic
beverages may be served or sold only as an accessory use to the primary
use.
A type of career academy that should focus on the resources,
studies and lab areas in which students/participants would have hands-on
learning on high technology equipment to help prepare them for their
future education or the workplace of today or tomorrow and/or provide
training for employers in area businesses and industrial development.
A foundation as constructed per the Wisconsin Uniform Dwelling
Code, excluding a full basement or crawl space.
A structure used for dramatic, operatic, motion-picture,
or other performances, for admission to which entrance money is received
and no audience participation or meal service allowed.
A lot that abuts a public street at the rear end of the lot
as well as at the front end of the lot.
Those materials which are capable of causing injury to living
organisms by chemical means when present in relatively small amounts.
A facility that provides services to the trucking industry,
including but not limited to any of the following activities: the
fueling, servicing, repairing, or parking of semitrucks or tractor
trucks with or without trailers or other similar heavy commercial
vehicles; the sale of accessories and equipment for such semitrucks,
tractor trucks or other similar heavy commercial vehicles; and/or
truck washes. A truck stop may also include overnight or extended
time truck parking, sleeping accommodations, showers, weight scales,
or restaurant facilities for the use by truck crews.
[Added 4-17-2017 by Ord.
No. 17-15]
See definition of "dwelling, duplex."
[Amended 7-20-2020 by Ord. No. 20-16]
See definition of "dwelling, twin house."
[Added 7-20-2020 by Ord. No. 20-16]
The specified area of a building in which a tenant or other
person has a right of use and occupancy for nonresidential purposes,
e.g., a store space in a shopping center building or a suite of offices
in an office building.
The employment and/or occupancy of particular real property
for a particular purpose or purposes, or a particular use of real
property that is specifically recognized by this chapter. (Note: "Use"
is intended to be sufficiently elastic to refer simultaneously to
the most limited possible hypothetical use, e.g., the retail sale
of books, and to an actual use of which such hypothetical use is a
component, e.g., a combined bookstore-coffeehouse.) (See "uses conducted
together in the same principal building," "uses located together in
the same principal building," "uses not conducted together," "uses
not located together," "allowed use," "permitted use," "auxiliary
permitted use," "conditional use," "special licensed use," "nonconforming
use," "prohibited use," "principal use" and "accessory use.")
Uses conducted in the same principal building by the same
owner or operator as part of the same business, company, firm or organization.
Two or more principal uses located in the same principal
building, if there are no units of such building, or two or more principal
uses located in the same unit of a principal building; provided, however,
that uses located in different, physically separate defined areas
approved pursuant to this chapter will be deemed not to be located
together.
Uses not conducted together in the same principal building,
as defined herein.
Uses not located together in the same principal building,
as defined herein.
Public or private electric power substation or gas-metering
substation not enclosed in a building.
[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-21]
Public or private utilities and associated equipment located
within a building, including lift stations.
[Amended 3-15-2010 by Ord. No. 10-21]
An office or clinic that provides examinations, diagnosis
and treatment, including surgical care, for animals available 24 hours
per day. A veterinarian emergency services office excludes facilities
for boarding animals or facilities for the cremating of animals.
[Added 12-17-2007 by Ord. No. 07-58]
An office or clinic that provides examinations, diagnosis
and treatment, including surgical care, for animals. A veterinarian
office excludes facilities for boarding animals or facilities for
the cremating of animals.
[Added 12-17-2007 by Ord. No. 07-58]
A structure or part of a structure for storing goods, wares,
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse.
A required setback from a staked wetland area.
See "junkyard."
The portion of a lot generally located between the principal building and a specified property line or feature of the lot. (See "front street yard," "street yard," "side street yard," "side yard," "rear yard," "rear street yard" and "shore yard." Also see Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[12] Note that dimensional yard requirements in this chapter
shall be interpreted as setback requirements, and dimensional restrictions
on encroachments into yards shall be interpreted as exceptions to
setback requirements.)
[Amended 7-20-2020 by Ord. No. 20-26]
Zoned to a residential zoning district classification; provided,
however, that any portion of a planned development zoning district
where residential uses are permitted will be deemed to be zoned residential,
and any C-2 Upland Resource Conservancy District directly abutting
an area zoned residential will be deemed to be zoned residential.
The Village Zoning Administrator or an individual duly authorized
to perform the duties and functions of the Village Zoning Administrator.
The official Village map delineating the boundaries of zoning
districts. The Zoning Map, along with the zoning text, comprises the
Village Zoning Ordinance.
[13][1]
Editor's Note: The former definition of “commercial
communication structures,” as amended, which immediately followed
this definition, was repealed 4-7-2014 by Ord. No. 14-08.
[2]
Editor's Note: The definition of "dwelling, attached," which
immediately followed this definition, was repealed 7-20-2020 by Ord. No. 20-16.
[3]
Editor's Note: This ordinance also repealed the definition
of "dwelling, group" which immediately followed.
[4]
Editor's Note: The former definition of "earns a substantial
part of his or her livelihood from the farm operation," which immediately
followed this definition, was repealed 3-15-2010 by Ord. No. 10-21.
[5]
Editor's Note: The former definition of "park, amusement,"
which immediately followed this definition, was repealed 5-4-2009
by Ord. No. 09-25.
[6]
Editor's Note: Appendix A is an attachment to this chapter.
[7]
Editor's Note: Appendix A is an attachment to this chapter.
[8]
Editor's Note: The former definition of "recreational vehicle
(RV)", which immediately followed this definition, was repealed 12-11-2023 by Ord. No.
23-52.
[9]
Editor's Note: Appendix A is an attachment to this chapter.
[10]
Editor's Note: Appendix A is an attachment to this chapter.
[11]
Editor's Note: Appendix A is an attachment to this chapter.
[12]
Editor's Note: Appendix A is an attachment to this chapter.
