For the purposes of this chapter, the following
definitions shall be used, unless a different definition is specifically
provided for a section. Words used in the present tense include the
future; the singular number includes the plural number; and the plural
number includes the singular number. The word "shall" is mandatory
and not permissive.
Have a common property line or district line.
A use or detached structure, including storage tents lacking
a permanent foundation, that are subordinate to the principal use
of a structure, parcel of land or water and located on the same lot
or parcel serving a purpose incidental to the principal use or the
principal structure. Accessory uses include, but are not limited to,
incidental repairs; storage; parking facilities; gardening; servant's,
owner's, itinerant agricultural laborer's and watchman's quarters
not for rent; private swimming pools; tennis courts; and any other
athletic or recreational facility and private emergency shelters.
[Amended 11-7-2007 by Ord. No. 2007-16]
The actual land devoted to the land use, excluding public
streets and public lands contained within 43,560 square feet.
A public way not more than 21 feet wide which affords only
a secondary means of access to abutting property.
A room or suite of rooms in a multifamily structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently installed, must always
be included for each apartment.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
A public street or highway used or intended to be used primarily
for large volume or heavy through traffic. "Arterial street" shall
include freeways and expressways as well as arterial streets, highways
and parkways.
A building or room for the purpose of hosting and catering
of parties, banquets, weddings and other receptions, meetings, additional
restaurant seating or other social events and activities subject to
the terms of a conditional use permit.
[Added 8-4-2010 by Ord. No. 2010-13]
That portion of any structure located partly below the average
adjoining lot grade which is not designed or used primarily for year-round
living accommodations. It is typically any structure having unfinished
foundation walls, floor or ceiling and having more than 1/2 its height
or more than 1/2 its windows below the lot grade.
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner’s
personal residence, is occupied by the owner at the time of rental
and in which the only meal served to guests is breakfast. Bed-and-breakfast
establishments shall comply with the standards of Ch. HFS 197, Wis.
Adm. Code.
[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No.
2009-9]
A tract of land bounded by streets or by a combination of
streets and public parks or other recognized lines of demarcation.
A building other than a hotel or restaurant where meals or
lodging is regularly furnished by prearrangement for compensation
for three or more persons not members of a family, but not exceeding
12 persons and not open to transient customers.
The portion of a lot remaining after required yards have
been provided.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials. When a building is divided
into separate parts by unpierced walls extending from the ground up,
each part shall be deemed a separate building.
The total living area bounded by those exterior walls of
a building which are completely above grade, not including basements,
utility areas, garages, porches, breezeways and unfinished attics,
and confined to the upper two stories of multiple-story residential
buildings for minimum building area requirements, except that 10%
of the required building area of a bi-level or tri-level house may
consist of basement area which has been finished off as living rooms
and which has a minimum of one wall with at least four feet of its
exterior height above grade.
A building surrounded by open space on the same lot.
Total building height shall be measured at the front elevation
of the structure at finished grade of the highest foundation wall
to the top of the highest roof line.
[Amended 3-1-2000 by Ord. No. 2000-7]
A building in which the principal use of the lot on which
it is located is conducted.
A line parallel to the lot line at a distance parallel to
it regulated by the yard requirements set up in this Zoning Code.
Comprehensive list of lot sizes, building area and yard setbacks
for all zoning classifications.
[Added 10-4-2006 by Ord. No. 2006-11]
An occupation, employment or enterprise which occupies time,
labor and materials, or wherein merchandise is exhibited or sold,
or where services are offered.
Office work other than that classified as a professional
office being of a nonretail and nonwarehouse nature and performed
in a nonresidential district.
[Added 8-3-2011 by Ord. No. 2011-5]
Those floodlands normally occupied by a stream of water under
average annual high-water flow conditions while confined within generally
well-established banks.
The sale of commercial goods or merchandise in small quantities
to the consumer.
[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No.
2009-9]
As defined in §§ 46.03(22), 48.02(6) and (17q)
and 50.01(1), Wis. Stats., and community living arrangements shall
be subject to the same building, housing and zoning codes and regulations
of the Town of Cedarburg or Ozaukee County as similar residences located
in the area.
[Amended 10-4-2006 by Ord. No. 2006-11]
Uses of a special nature as to make impractical their predetermination
as a principal use in a district.
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide prepared
by the USDA Soil Conservation Service for Ozaukee 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.
The condition in which the right of owners or occupants of
abutting land or other persons to access, light, air or view in connection
with an arterial street is fully or partially controlled by public
authority.
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135° or less, measured on the lot side.
The area of a lot occupied by the principal building or buildings
and accessory buildings.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving excavation or drilling operations
or disposition of materials.
A part or parts of the Town for which the regulations of
this chapter governing the use and location of land and building are
uniform.
Overlay districts, also referred to herein as "regulatory
areas," provide for the possibility of superimposing certain additional
requirements or modifications upon a basic zoning district.
[Amended 5-6-2009 by Ord. No. 2009-9]
A building designed or used exclusively as a residence or
sleeping place, but does not include boarding or lodging houses, motels,
hotels, tents, cabins or mobile homes.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A residential building designed for or occupied by three
or more families, with the number of families in residence not to
exceed the number of dwelling units provided.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
A detached building designed for or occupied by one family.
A detached building containing two separate dwelling (or
living) units, designed for occupancy by not more than two families.
A group of rooms constituting all or part of a dwelling which
are arranged, designed, used or intended for use exclusively as living
quarters for one family.
The effect of any encroachment into the floodway is to be
computed by assuming an equal degree of hydraulic encroachment on
the opposite side of a river or stream for a significant hydraulic
reach, in order to compute the effect of the encroachment upon hydraulic
conveyance. This computation assures that the property owners up,
down or across the river or stream will have the same rights of hydraulic
encroachment.
Services provided by public and private utilities necessary
for the exercise of the principal use or service of the principal
structure. These services include underground, surface or overhead
gas, electrical, steam, water, sanitary sewer, stormwater drainage,
and communication systems and accessories thereto, such as poles,
towers, wires, mains, drains, vaults, culverts, laterals, sewers,
pipes, catch basins, water tanks, conduits, cables, fire alarm boxes,
police call boxes, traffic pumps, lift stations and hydrants, but
not including buildings.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.
[Amended 10-4-2006 by Ord. No. 2006-11]
A facility where a person provides care and supervision for
less than 24 hours a day for at least four and not more than eight
children who are not related to the provider. This care is usually
at the provider’s home.
[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No.
2009-9]
A single-family residential structure located on a parcel
of land, which primary land use is associated with agriculture.
A temporary rise in stream flow or stage in lake level that
results in water overtopping the banks and inundating the areas adjacent
to the stream channel or lake bed.
All lands contained in the regional flood or one-hundred-year
recurrence interval flood. For the purpose of zoning regulation, the
floodlands are divided into the floodway district, the floodplain
conservancy district and the floodplain fringe overlay district.
Those floodlands, outside the floodway, subject to inundation
by the one-hundred-year recurrence interval flood. For the purpose
of this Code, the floodplain fringe includes the floodplain conservancy
district and the floodplain fringe overlay district.
Measures designed to prevent and reduce flood damage for
those uses which cannot be removed from or which, of necessity, must
be erected in the floodplain, ranging from structural modifications
through installation of special equipment or materials, to operation
and management safeguards, such as the following: reinforcing the
basement walls; underpinning of floors; permanent sealing of all exterior
openings; use of masonry construction; erection of permanent watertight
bulkheads, shutters and doors; treatment of exposed timbers; elevation
of flood-vulnerable utilities; use of waterproof cement; adequate
fuse protection; sealing of basement walls; installation of sump pumps;
placement of automatic swing check valves; installation of seal-tight
windows and doors; installation of wire-reinforced glass; location
and elevation of valuable items; waterproofing, disconnecting, elevation
or removal of all electric equipment; avoidance of the use of flood-vulnerable
areas; temporary removal or waterproofing of merchandise; operation
of emergency pump equipment; closing of backwater sewer valve; placement
of plugs and food dram pipes; placement of movable watertight bulkheads;
erection of sand bag levees; and the shoring of weak walls or structures.
Floodproofing of structures shall be extended at least to a point
two feet above the elevation of the regional flood. Any structure
that is located entirely or partially below the flood protection elevation
shall be anchored to protect it from larger floods.
A point two feet above the water surface elevation of the
one-hundred-year recurrence interval flood. This safety factor, also
called "freeboard," is intended to compensate for the many unknown
factors that contribute to flood heights greater than those computed.
Such unknown factors may include ice jams, debris accumulation, wave
action and obstructions of bridge openings.
The elevation of the floodwater surface above an officially
established datum plane, which is mean sea level, 1929 adjustment,
on the Supplementary Floodland Zoning Map.
A designated portion of the one-hundred-year flood area that
will safely convey the regulatory flood discharge with small, acceptable
upstream and downstream stage increases, limited in Wisconsin to 0.1
foot unless special legal measures are provided. The floodway, which
includes the channel, is that portion of the floodplain not suited
for human habitation. All fill, structures and other development that
would impair floodwater conveyance by adversely increasing flood stages
or velocities or would itself be subject to flood damage should be
prohibited in the floodway.
For the purpose of determining off-street parking and off-street
loading requirements, the sum of the gross horizontal areas of the
floors of the building, or portion thereof, devoted to a use requiring
off-street parking or loading. This area shall include accessory storage
areas located within selling or working space occupied by counters,
racks or closets and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business
or professional offices. However, floor area, for the purposes of
determining off-street parking spaces, shall not include floor area
devoted primarily to storage purposes except as otherwise noted herein.
The primary domicile of a foster parent which has four or
fewer foster children and which is licensed under § 48.62,
Wis. Stats., and amendments thereto.
The smallest dimension of a lot abutting a public street
measured along the street line.
A detached accessory building or portion of the principal
building designed, arranged, used or intended to be used for storage
of automobiles of the occupant of the premises.
Any building or portion thereof, not accessory to a residential
building or structure, used for equipping, servicing, repairing, leasing
or public parking of motor vehicles.
A facility where a person, for less than 24 hours a day,
provides care and supervision for nine or more children who are not
related to the provider. These centers are usually located somewhere
other than a residence.
[Added 1-7-2009 by Ord. No. 2009-2; amended 5-6-2009 by Ord. No.
2009-9]
Any facility operated by a person required to be licensed
by the State of Wisconsin under § 48.62, Wis. Stats., for
the care and maintenance of five to eight foster children.
Any specifically permitted business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building or accessory building thereto, in connection with which there are no signs or exterior display or storage other than a sign permitted by this chapter, and no activity that will indicate from the exterior that the building(s) is being used in whole or in part for any purpose other than that of a dwelling. The use is to be clearly incidental to the use of the dwelling unit for residential purposes and does not exceed 25% of the area of any floor. No articles shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. Persons operating a home occupation shall employ no more than one nonresident employee. Home occupations are governed as specified under § 320-110 of this chapter.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9; 1-4-2012 by Ord. No. 2012-2; 5-2-2012 by Ord. No.
2012-10; 9-2-2015 by Ord. No. 2015-10]
A building in which lodging, with or without meals, is offered
to transient guests for compensation and in which there are more than
five sleeping rooms with no cooking facilities in any individual room
or apartment.
A completely off-street space or berth on the same lot for
the loading or unloading of freight carriers, having adequate ingress
and egress to a public street or alley.
A building where lodging only is provided for compensation
for not more than three persons not members of the family.
A parcel of land having frontage on a public street, or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use and sufficient in size to meet the
lot width, lot frontage, lot area and other open space provisions
of this Zoning Code as pertaining to the district wherein located.
The area of a lot occupied by the principal building or buildings
and accessory buildings, including any driveways, parking areas, loading
areas, storage areas and walkways.
A lot situated on a single street which is bounded by adjacent
lots along each of its other lines and is not a corner lot.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the abutting
street or alley right-of-way line.
The peripheral boundaries of a parcel of land, including
the street right-of-way lines and the total area lying within such
boundaries, excluding the street right-of-way.
A parcel of land held in separate ownership having frontage
on a public street, or other approved means of access, occupied or
intended to be occupied by a principal building or structure, together
with accessory buildings and uses, having insufficient size to meet
the lot width, lot area, yard, off-street parking area or other open
space provisions of this Zoning Code as pertaining to the district
wherein located.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lines shall be deemed front lot lines.
The horizontal distance between the side lot lines measured
at the building setback line.
Any small, movable accessory erection or construction, such
as toolhouses.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes.
Official notification from the Federal Emergency Management
Agency (FEMA.) that a Flood Hazard Boundary Map or Flood Insurance
Rate Map has been amended.
A structure or premises containing five or more parking spaces
open to the public.
A graded and surfaced area of not less than 180 square feet
in area, either enclosed or open, for the parking of a motor vehicle,
having adequate ingress and egress to a public street or alley.
Includes all abutting property owners, all property owners
within 1,000 feet, and all property owners of opposite frontages.
The office of a doctor, practitioner, dentist, minister, architect, landscape architect, engineer, lawyer, author, musician, massage therapist, personal trainer, or other recognized trade. When established in a residential or agricultural district, a professional office shall be incidental to the residential occupation; not more than 25% of the floor area of one story of a dwelling unit shall be occupied by such office. Professional offices in residential or agricultural districts are governed as specified under § 320-110 of this chapter.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9; 9-2-2015 by Ord. No. 2015-10; 6-6-2018 by Ord. No. 2018-2]
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.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the rear
lot line and a line parallel thereto through the nearest point of
the principal structure. This yard shall be opposite the street yard.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics.
The flood frequency of the regional flood is once in every 100 years;
this means that in any given year, there is a one-percent chance that
the regional flood may occur or be exceeded. During a typical thirty-year
mortgage period, the regional flood has a twenty-six-percent chance
of occurrence.[2]
The minimum horizontal distance between the front lot line
and the nearest extending point of the building.
A yard extending from the street yard to the rear yard of
the lot, the width of which shall be the minimum horizontal distance
between the side lot line and a line parallel thereto through the
nearest point of the principal structure. All yards on corner lots
that are not street yards shall be side yards.
See § 320-79.
[Amended 10-4-2006 by Ord. No. 2006-11]
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. Any portion of a story exceeding 14 feet in height
shall be considered as an additional story for each 14 feet or fraction
thereof. A basement having 1/2 or more of its height above grade shall
be deemed a story for purposes of height regulation.
That portion of a building under a gable, hip or mansard
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than 4 1/2 feet above the finished floor of such
story. In the case of one-family dwellings, two-family dwellings and
multifamily dwellings less than three stories in height, a 1/2 story
in a sloping roof shall not be counted as a story for the purposes
of this Zoning Code.
Property other than an alley or private thoroughfare or travelway
which is subject to public easement or right-of-way for use as a thoroughfare
and which is 21 feet or more in width.
A yard extending across the full width of the lot, the depth
of which shall be the minimum horizontal distance between the existing
street or highway right-of-way line and a line parallel thereto through
the nearest point of the principal structure. Corner lots shall have
at least two street yards.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
a permanent location on the ground or attachment to something having
a permanent location on the ground.
A movable structure not designed for human occupancy nor
for the protection of goods or chattels and not forming an enclosure,
such as billboards.
The purpose or activity for which the land or building thereof
is designed, arranged or intended, or for which it is occupied or
maintained.
The main use of land or building as distinguished from subordinate
or accessory use.
Public and private facilities, such as water wells, water
and sewage pumping stations, water storage tanks, electrical power
substations, static transformer stations, telephone and telegraph
exchanges, microwave radio relays and gas regulation stations, inclusive
of associated transmission facilities, but not including sewage disposal
plants, municipal incinerators, warehouses, shops, storage yards and
power plants.
An unoccupied triangular space at the street corner of a
corner lot which is bounded by the street lines and a setback line
connecting points specified by measurement from the corner on each
street line.
The use of a building to store or keep in reserve raw materials,
finished merchandise, or goods, before sale, distribution or shipment
to retailers, wholesalers, or contractors or to industrial, commercial,
agricultural, institutional or professional businesses. Warehousing
includes order processing, packing and shipping of such materials,
finished merchandise or goods, but excludes storage or self-storage
buildings or spaces therein offered for rent, lease or sale used primarily
for the storage of household or business goods or wares.
[Added 3-2-2022 by Ord. No. 2022-1]
A business use or place of business primarily engaged in
selling merchandising to retailers; to industrial, commercial, institutional,
or professional offices, or to other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies.
[Added 3-2-2022 by Ord. No. 2022-1]
An open space between the lot line and a structure, unoccupied
and unobstructed from the ground upward except with vegetation. The
street and rear yards extend the full width of the lot.
The concept whereby two respective dwelling units within
a building shall be on separate and abutting lots and shall meet on
the common property line between them, thereby having zero space between
said units.
A permit issued by the Building Inspector to certify that
lands, structures, air and waters subject to this chapter are or shall
be used in accordance with the provisions of said chapter.
[1]
Editor's Note: The definitions of "lot, corner,"
"nonconforming uses" and "use, accessory" which appeared in this section
were deleted 10-4-2006 by Ord. No. 2006-11.
[2]
Editor's Note: The definition of “retail,” which
immediately followed this definition, was repealed 1-7-2009 by Ord.
No. 2009-2 and 5-6-2009 by Ord. No. 2009-9.
