[Amended 10-26-1999 by Ord. No. 99-11; 3-27-2001 by Ord. No. 00-14; 9-25-2001 by Ord. No. 01-02; 10-19-2004 by Ord. No. 04-14; 4-22-2008 by Ord. No. 07-09; 6-23-2009 by Ord. No. 09-01]
When used in this chapter, the following terms shall have the
meanings herein assigned to them. Words used in this chapter, but
not defined therein, shall carry the meanings as defined in Webster's
Unabridged Third International Dictionary or its successor volumes.
ABANDONMENT OF NONMETALLIC MINING OPERATIONS
The cessation of nonmetallic mining operations or activities
for more than 365 consecutive days, where the cessation is not specifically
set forth in an operator's application, operation or reclamation plan
or permit or is not specifically approved by the Land Management Committee
upon written request. Abandonment of operations does not include the
cessation of activities due to labor strikes or natural disasters.
[Amended 4-17-2012 by Ord. No. 12-02]
ACCESSORY RESIDENCE
A.
A dwelling unit that is accessory to a nonresidential use on
the same lot, is the only dwelling unit on the lot, and provides living
quarters for the owner, proprietor, commercial tenant, employee or
caretaker of the nonresidential use.
B.
A dwelling unit located in an accessory building located on
a residential parcel.
ADMINISTRATOR/PLANNER
An authorized representative of the Land Management Committee
appointed by the County of Pierce to supervise the operation of the
Planning Department and to carry out, or to delegate carrying out,
the assigned responsibilities of this chapter.
ADULT-ORIENTED ENTERTAINMENT BUSINESS
Any business whose primary business activity is characterized
by emphasis on matters depicting, describing, or relating to nudity,
sexual conduct, sexual excitement or sadomasochistic abuse, such as
an adult bookstore, adult theater, adult massage parlor, adult sauna,
adult entertainment center, adult cabaret, adult health/sports club,
adult steam room/bathhouse facility.
[Added 8-27-2013 by Ord. No. 13-07]
AGRICULTURAL BUSINESS OPERATION
A site-specific business reliant on the property’s
active agriculture which may include multiple related uses managed
as one operation.
[Added 6-26-2012 by Ord.
No. 12-07]
AGRICULTURE, GENERAL
Agricultural uses with higher amounts of input and output
compared to cultivation agriculture, including but not limited to
animal husbandry; grazing; dairying; apiculture; etc.
[Amended 6-23-2019 by Ord. No. 19-01]
AGRITOURISM
Activities conducted at a working agricultural operation
and offered to the public or to invited groups for the purpose of
recreation, education, or active involvement in the operation.
[Added 6-26-2012 by Ord.
No. 12-07]
AIRPORT
The use of any area of land or water which is used or intended
for use by four or more aircraft for the landing and takeoff of aircraft
and any appurtenant areas which are used, or intended for use, for
airport buildings or other airport facilities or rights-of-way, together
with all airport buildings and facilities located thereon.
AIRSTRIP
The use of any area of land or water which is used or intended
for use by three or fewer aircraft based at such airstrip for the
landing and takeoff of aircraft and any appurtenant areas which are
used, or intended for use, for airport buildings or other airport
facilities or rights-of-way, together with all airport buildings and
facilities located thereon.
ART
The conscious use of skill, taste and creative imagination
in the production of objects whose primary or sole value is intended
to be aesthetic. Art is distinct from other forms of production by
its application of a personal, unanalyzable creative power, not only
expertness in workmanship.
BED-AND-BREAKFAST ESTABLISHMENT
Any place of lodging that provides eight or fewer rooms for
rent to transient guests, 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.
BLUFFLINE
A line along the top of a slope of at least 20%, connecting
the points at which the slope, proceeding away from the bottom of
the slope, becomes less than 12%.
BOARDINGHOUSE
A place in which lodging, with or without meals, is offered
for compensation to nontransient guests, that provides eight or fewer
rooms for rent, is the owner's personal residence and is occupied
by the owner at the time of rental.
BOATHOUSE
An accessory building which includes all structures which
are totally enclosed, have roofs or walls or any combination of these
structural parts and is accessible by boats from navigable water,
is designed, constructed and used solely for the purpose of storing
or protecting boats and other water-related recreational materials
for noncommercial purposes and used in conjunction with a residence.
A boathouse must be placed two feet above the ordinary high-water
mark of navigable waters.
BUILDING
An enclosed structure built, maintained or intended to be
used for the protection, shelter or enclosure of persons, animals
or property and which is affixed to the ground.
BUILDING, ACCESSORY
A building, not attached to a principal building by means
of a common wall, common roof or an aboveground roofed passageway,
which is:
A.
Subordinate to and serves a principal structure or a principal
use.
B.
Located on the same lot as the principal structure or use served.
C.
Customarily incidental to the principal structure or use.
BUILDING, PRINCIPAL
A building which houses a principal use of a lot, including
any functional appurtenances, such as decks, stairways and balconies,
which are attached to, or located within three feet of, said building.
BUILDING SITE
A lot on which buildings or structures that are permitted
in the applicable zoning district may be placed.
BUILDING ZONE
The area of a lot between the required road setback line
(or front yard line) and rear yard line (or navigable water setback
line).
CAMPGROUND
Any parcel or tract of land which is designed, maintained,
intended or used for the purpose of providing sites for nonpermanent
overnight use by four or more camping units or by one to three camping
units if the parcel or tract of land is represented as a campground
and may include multiple related uses managed as one operation.
[Amended 6-26-2012 by Ord. No. 12-07]
CAMPING
The placement of a temporary shelter used as or designed
to be used for sleeping purposes. Examples of shelters used for camping
include tents, trailers, motor homes, recreational vehicles, tarpaulins,
bedrolls and sleeping bags.
CAMPING UNIT
Any single temporary shelter, except sleeping bags, bedrolls
and hammocks, used for camping by a camping party.
CAMPSITE
A segment of a campground which is designated for camping
by a camping party.
CEMETERY
Land used for the burial of dead humans and dedicated for
cemetery purposes, including columbaria, crematories, mausoleums and
mortuaries when operated in conjunction with and within the boundary
of such cemetery.
CERTIFICATE OF COMPLIANCE
An official written document, issued by the Zoning Administrator,
which certifies that the use or structure complies with all applicable
provisions of this chapter and the land use permit, sign permit or
conditional use permit issued for that use or structure.
CHANGE OF USE
Conversion of a principal use of a lot from one use category, as listed in §
240-17, to another use category.
CLEAN FILL
Clean soil, brick, building stone, concrete, reinforced concrete,
broken pavement and unpainted or untreated wood.
CONDITIONAL USE PERMIT
A permit, issued by the Land Management Committee, stating
that a use permitted as a conditional use may be established, expanded
or enlarged subject to any conditions placed on the authorization
and the provision of this chapter.
CULTIVATION AGRICULTURE
Low impact agricultural uses that involve the cultivating
of soil and harvesting of crops, including horticulture; floriculture;
grain production; forest crop; and specialty crop production such
as viticulture; maple syrup; mint and willow; and truck farming.
[Added 6-23-2019 by Ord. No. 19-01]
DECK
An unenclosed, unroofed exterior platform structure, with
or without railings, which is elevated above preconstruction grade
and is typically of wood construction, either attached to a building
or freestanding.
DIRECT MARKET AGRICULTURE
A use involving the sale of agricultural products which are
produced on site and sold directly to consumers, including uses such
as roadside stands, pick-your-own fruits and vegetables and Christmas
tree farms.
[Added 6-26-2012 by Ord.
No. 12-07]
DOMESTIC FOWL
Any domestic breed of chicken or duck. No other species of
bird shall fall under this definition.
[Added 6-23-2019 by Ord. No. 19-01]
DRIVEWAY
A means of access to or from a property, site or use or a
means of circulation within a parking area.
DUPLEX
Two attached dwelling units on a single lot regardless of
the form of ownership of the units.
DWELLING UNIT
A building or portion thereof which provides or is intended
to provide living quarters exclusively for one family.
DWELLING UNIT, SINGLE-FAMILY
A freestanding building which provides or is intended to
provide living quarters exclusively for one family, except dwelling
units that meet the definition of "manufactured home."
EFFECTIVE DATE OF THIS CHAPTER
The date that this chapter takes effect on a given parcel of land as provided in §
240-6 or the date that an amendment to this chapter becomes effective.
ENCLOSED STRUCTURE
A structure consisting of a solid roof, a permanent foundation,
a floor and solid walls extending from the floor to the roof. Solid
doors, windows or other glazing is allowed in the wall segments. Open
breezeways or screen walls do not qualify as enclosed structures.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of an existing
support structure within which are located wireless communication
service facilities.
[Added 8-18-2015 by Ord.
No. 15-02]
FALL ZONE
The area over which a support structure is designed to collapse.
[Added 8-18-2015 by Ord.
No. 15-02]
FAMILY
A person or group of persons living together as a single
housekeeping unit.
FAMILY DAY-CARE HOME
A dwelling unit where supervision and care and/or instruction
for not more than eight children under the age of seven is provided
for periods of less than 24 hours per day and which is licensed by
the Wisconsin Department of Health and Family Services.
FARM AND HOME-BASED BUSINESS
A business, profession, occupation or trade for gain or support
which is conducted on the same lot as a residence or farmstead.
FARMERS MARKET
A use which principally involves the retail sale of farm
and garden products from local area farmers.
[Amended 6-26-2012 by Ord. No. 12-07]
FENCE
A barrier intended to prevent escape or intrusion or to mark
a boundary. "Fence" does not include a railing serving a deck, porch,
balcony or similar items.
FLOODPLAIN
The land which has been or may be hereafter covered by floodwater
during a regional flood, including the floodway and the flood-fringe
as defined in Chapter NR 116, Wisconsin Administrative Code. Floodplains
are designated as A Zones on the Flood Insurance Rate Maps for Pierce
County.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of the building, measured from the outer lines of the exterior walls
of the building, except that the floor area of the dwelling does not
include space not usable for living quarters, such as attics, unfinished
basement rooms, garages, breezeways and unenclosed porches or terraces.
(See also "primary floor area.")
GARAGE
An accessory structure (except for public highway garages)
primarily intended for and used for the enclosed storage or shelter
of motor vehicles.
GRADE ELEVATION
The average elevation around the base of a building or a
structure where such building or structure meets the surface of the
ground.
HISTORIC BUILDING
A building which is one of the following:
A.
Listed on, or nominated by the State Historical Society for
listing on, the National Register for Historic Places in Wisconsin;
B.
Included in a district which is listed on, or nominated by the
State Historical Society for listing on, the National Register for
Historic Places in Wisconsin and which has been determined by the
State Historical Society to contribute to the historic significance
of the district;
C.
Listed on a certified municipal register of historic property;
or
D.
Included in a district which is listed on a certified municipal
register of historic property and which has been determined by the
municipality to contribute to the historic significance of the district.
HOME BUSINESS
A business conducted on the same lot as, and in conjunction
with, a residence.
HOME OCCUPATION
A business, profession, occupation or trade which is conducted
for gain or support, located entirely within a principal dwelling
unit, operated by at least one person residing in the dwelling unit
and is accessory, incidental and secondary to the use of the building
as a residence and does not change the essential residential character
or appearance of the dwelling unit.
IMPERVIOUS SURFACE
Surfaces which do not absorb precipitation, including buildings,
structures, parking areas, driveways, roads, sidewalks and any areas
in concrete, asphalt or packed stone.
IMPERVIOUS SURFACE RATIO
A measure of the intensity of use of a parcel of land determined
by dividing the total area of all impervious surfaces within the site
by the total area of the site.
INDOOR MAINTENANCE
Businesses which offer maintenance, including repair of goods
and equipment. Examples of such uses include automobile body shops,
small-engine repair shops, boat repair and service and electronics
maintenance and repair.
INDUSTRY, HEAVY
Uses such as manufacturing, assembling, fabrication, processing,
bulk handling, storage, and trucking which are likely to generate
significant levels of traffic, noise, pollution, vibration, dust,
fumes, odors, pesticides, herbicides, or other hazardous materials,
fire or explosion hazards, or other undesirable conditions which are
unsuitable for any other district.
[Amended 4-17-2012 by Ord. No. 12-02]
INDUSTRY, LIGHT
Nonnuisance, low-impact industrial uses compatible with surrounding
commercial, residential or public uses which have a minimal impact
on traffic, conducted indoors and without significant noise, odor,
dust and glare which do not contribute to the degradation of the land,
water and air.
[Amended 4-17-2012 by Ord. No. 12-02]
KENNEL
Any establishment wherein or whereon eight or more dogs over
the age of five months are kept.
LAND MANAGEMENT COMMITTEE
The committee designated by the Pierce County Board of Supervisors
to fulfill the responsibilities as stated in this chapter.
LAND USE PERMIT
A permit, issued by the Zoning Administrator, stating that
a use or a structure, except a sign or use permitted as a conditional
use, may be established, expanded or enlarged subject to any conditions
placed on the permit and the provisions of this chapter.
LIVESTOCK
Domesticated animals used in an agricultural setting to produce
income, labor, or commodities such as meat, eggs, milk, leather, wool
or other animal byproducts. For the purposes of this chapter, horses
shall be regulated under outdoor recreational uses.
[Amended 6-23-2019 by Ord. No. 19-01]
LIVING QUARTERS
A building or a portion of a building which provides, as
a minimum, an area equipped or furnished for sleeping purposes. "Living
quarters" also includes those finished portions of a building in which
normal residential activities occur.
LODGING
A use which provides commercial transient lodging in individual
rooms, suites of rooms or units. Examples of such uses include motels,
hotels, inns, cottages and cabins.
[Amended 6-26-2012 by Ord. No. 12-07]
LOT
A continuous parcel of land, not divided by a public right-of-way,
occupied or intended to be occupied by a principal structure or use,
and the accessory structures or uses permitted thereto, and sufficient
in size to meet the lot width and lot area provisions of this chapter.
LOT AREA
The area of a horizontal plane bounded by the front, side
and rear lot lines of a lot, but not including the area of any land
below the ordinary high-water mark of navigable waters nor any land
in a public right-of-way or private access easement.
LOT LINE
A line bounding a lot which divides one lot from another
lot or from a street or road.
LOT LINE, FRONT
The lot line nearest to the center line of the public or
private road from which the lot takes access.
LOT LINE, REAR
In the case of rectangular or most trapezoidal-shaped lots,
that lot line which is generally parallel to and most distant from
the front lot line of the lot. In the case of an irregular or triangular
lot, a line 20 feet in length, entirely within the lot, parallel to,
and at the maximum possible distance from, the front lot line.
LOT OF RECORD
Any lot, the description of which is properly recorded with
the Pierce County Register of Deeds, which at the time of its recordation
complied with all applicable laws, ordinances and regulations.
LOT WIDTH
The horizontal distance of a line which connects two side
lot lines, runs through the building zone of the lot and is perpendicular
to the line bisecting the angle formed by the side lot lines. For
lots with parallel side lot lines, the lot width is the perpendicular
distance between the side lot lines.
MANUFACTURED HOME
A dwelling unit which is, or was as originally constructed,
designed to be transported after fabrication on its own wheels, or
by a motor-powered vehicle, arriving at a site where it is to be occupied
as a residence (whether occupied or not) complete and ready for occupancy
(with or without major appliances and furniture), except for minor
and incidental unpacking and hookup operations, and designed, equipped
and used primarily for sleeping, eating and living quarters or is
intended to be so used, and includes any additions, attachments, annexes,
foundations and appurtenances. Structures which are delivered to the
site in halves or other modular arrangements (consisting of complete
wall sections or large units fabricated off-premises by the manufacturer
of the basic unit and designed and intended to be attached to the
basic unit) and which when joined together exceed 18 feet in width
throughout, meet minimum floor area requirements of this chapter,
have a length to width ratio of not more than 2.5 to 1 (with length
measured along the center of the longest roof axis and width measured
perpendicular to the above at the completed unit's most narrow span)
and which are placed upon a permanent foundation are considered single-family
residences or single-family dwelling units.
MANUFACTURED HOME PARK
Any plot or plots of land designed, maintained, intended
or used for the purpose of supplying a location or accommodations
for more than two manufactured homes on a year-round basis and shall
include all buildings used or intended for use as part of the equipment
thereof, whether or not a charge is made for the use of the manufactured
home park and its facilities. Manufactured home parks shall not include
automobile or manufactured home sale lots on which unoccupied manufactured
homes are parked for the purposes of inspection and sale.
METEOROLOGICAL TOWER
Towers that are used to monitor or transmit wind speed and
wind flow characteristics for a period of time for either instantaneous
wind information or to characterize the wind resource at a given location
to assist in the siting of a WES and includes the tower, base plate,
anchors, guy cables and hardware, anemometers (wind speed indicators),
wind direction vanes, booms to hold equipment, data logger, instrument
wiring, and telemetry devices.
MINING, ACCESSORY USE
Uses and activities which are customarily incidental, appropriate
and subordinate to mining, such as stockpiling, sorting, screening,
washing and crushing when conducted on property that is not contiguous
to the extraction site or batching, recycling of concrete, asphalt,
and related construction materials, maintenance facilities, and contractor's
service and storage yards, and concrete products manufacturing that
make use of the products produced from the subject mining site, as
well as asphalt plants. The stockpiling of materials by a public agency
for construction, reconstruction, maintenance or repair of public
transportation amenities at public owned sites or within the property
boundary of the transportation amenity is not considered an accessory
use.
[Amended 4-17-2012 by Ord. No. 12-02]
MINI-STORAGE
Indoor storage of customer's items within partitioned buildings
with individual access to each partitioned area.
MOBILE RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled, carried or permanently towable by a licensed,
light-duty vehicle, is licensed for highway use if registration is
required and is designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use, and which does not comply with the definition of
“manufactured home."
[Added 6-26-2012 by Ord.
No. 12-07]
MODEL HOME
A single-family dwelling unit which is used as a model for
inspection by prospective home buyers and is unoccupied as a residence
but is intended for eventual use as a single-family residence and
which may or may not contain a home sales office.
NACELLE
Contains the key components of the wind turbine, including
the gearbox, yaw system, and electrical generator.
NATURE-BASED OPERATION
A site-specific operation reliant on the property’s
natural environment and characteristics and may include multiple related
uses managed as one operation.
[Added 6-26-2012 by Ord.
No. 12-07]
NAVIGABLE WATER
The Mississippi River, St. Croix River, all natural inland
lakes, all streams, ponds, sloughs, flowages and other waters within
Pierce County which are navigable under the laws of the State of Wisconsin.
Wisconsin's Supreme Court has declared navigable bodies of water that
have a bed differentiated from adjacent uplands and levels of flow
sufficient to support navigation by a recreational craft of the shallowest
draft on an annually recurring basis [Muench vs. Public Service Commission,
256 Wis. 492 (1952), and DeGaynor and Co., Inc., vs. Department of
Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which
is navigable by skiff or canoe during normal spring high water is
navigable, in fact, under the laws of this state though it may be
dry during other seasons.
NONCONFORMING LOT
A lot which, in its most recent configuration, does not contain sufficient area and/or width to meet the criteria of §
240-23 or
240-24E.
NONCONFORMING SIGN
Any sign, legally established prior to the effective date
of this chapter or subsequent amendments thereto, which does not fully
comply with the requirements imposed by this chapter.
NONCONFORMING STRUCTURE
Any building or structure, other than a sign, legally established
prior to the effective date of this chapter or subsequent amendments
thereto, which does not fully comply with the requirements imposed
by the individual sections of this chapter that pertain to the size,
height, location, setback and similar characteristics of structures.
NONCONFORMING USE
Any use of structures, land or water which was lawfully established
at the time of the effective date of this chapter or subsequent amendments
thereto which does not fully comply with the use requirements imposed
by this chapter.
NONMETALLIC MINING or NONMETALLIC MINING OPERATION
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand, gravel and nonmetallic minerals such as asbestos, beryl, clay,
feldspar, peat and talc; topsoil-related operations or activities
such as excavation, grading or dredging if the purpose of those operations
or activities is the extraction of mineral aggregates and nonmetallic
minerals; and related processes such as stockpiling, sorting, screening,
crushing, screening, scalping, dewatering and blending. "Nonmetallic
mining" or "nonmetallic mining operation" does not include or allow
the following activities or uses, by way of illustration, which include,
but are not limited to, manufacture of concrete building blocks or
other similar products, asphalt or hot blacktop mixing and production
of ready-mix concrete. Nonmetallic mining does not include the following
activities:
[Amended 4-17-2012 by Ord. No. 12-02]
A.
Excavations or grading by a person solely for domestic use at
his or her residence.
B.
Excavations or grading conducted for highway construction purposes
within the highway right-of-way.
C.
Grading conducted for farming, preparing a construction site
or restoring land following a flood or natural disaster.
D.
Excavations for the foundation of structures, provided that
such excavation does not exceed a volume of material 1.5 times the
volume of the polyhedron bounded by the natural grade, the bottom
of the footings and the exterior of the foundation walls.
E.
Minor land disturbances such as installation of utilities, walks
and driveways, sanitary waste disposal systems or fuel storage tanks.
F.
Any mining operation, the reclamation of which is required in
a permit obtained under §§ 293.01 to 293.93, Wis. Stats.
G.
Any activities conducted at a soil or hazardous waste disposal
site required to prepare, operate or close a solid waste disposal
facility under §§ 289.05 to 289.33, Wis. Stats., or
a hazardous waste disposal facility under §§ 291.001
to 291.97, Wis. Stats.; provided, however, that said section applies
to activities related to solid or hazardous waste disposal which are
conducted at a nonmetallic mining site separate from the solid or
hazardous waste disposal facility, such as activities to obtain nonmetallic
minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
H.
Any nonmetallic mining site or portion of a site which is subject
to permit and reclamation requirements of the Department of Natural
Resources under §§ 30.19, 30.195 and 30.20, Wis. Stats.
NONMETALLIC MINING REFUSE
Waste soil, rock, mineral, liquid, vegetation and other waste
material resulting from a nonmetallic mining operation. This term
does not include merchantable by-products resulting directly from
or displaced by the nonmetallic mining operation.
NONMETALLIC MINING SITE
The location where a nonmetallic mining operation is conducted
or is proposed to be conducted, including all surface areas from which
minerals are removed, related storage and processing areas, areas
where nonmetallic mining refuse is deposited and areas disturbed by
the nonmetallic mining operation by activities such as the construction
or improvement of roads or haulageways.
NUDITY
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering or the depiction of covered
male genitals in a discernably turgid state and/or the appearance
of bare buttocks, anus or female breast.
[Added 8-27-2013 by Ord. No. 13-07]
NURSERY
A facility or facilities used primarily to raise trees, shrubs,
flowers, produce and other plants for sale, of which at least 50%
are grown on site. Landscaping and horticultural services may be offered
along with the sale of garden products such as rakes, shovels, and
pots. The sales of garden products shall not occupy more than 25%
of the sales area.
[Added 6-26-2012 by Ord.
No. 12-07]
OCCUPANCY UNIT
A room, or interconnected rooms, consisting of living quarters
physically separated from any other unit in the same building. The
unit may include facilities for cooking and eating and other facilities
convenient to human living.
OFFICES
Exclusively indoor uses for the handling of information or
administrative services. Such uses do not typically provide services
directly to customers on a walk-in or on-appointment basis.
OPEN FENCE
A fence whose entire length is not greater than 50% opaque
and whose individual elements or sections are also not greater than
50% opaque.
OPEN SPACE
Area on a lot that is open to the sky, contains no structures,
parking, driveways or other impervious surfaces and contains no nonmetallic
mining uses. (See also "preserved open space.")
ORCHARD
An establishment, located on a lot devoted to the cultivation
of fruit trees, that includes the sale of goods containing produce
primarily grown on site and items to attract customers and promote
the sale of agricultural products such as baked goods, ice cream,
crafts and other retail items identified in the conditional use permit.
[Added 6-26-2012 by Ord.
No. 12-07]
ORDINARY HIGH-WATER MARK
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinct mark
such as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
Where the bank or shore at any particular place is of such character
that it is difficult or impossible to ascertain where the point of
ordinary high-water mark is, recourse may be had to the opposite bank
of a stream or to other places on the shore of a lake or flowage to
determine whether a given stage of water is above or below the ordinary
high-water mark.
OUTDOOR RECREATION, PRIVATE
Land uses which offer recreation activities primarily outdoors,
including such uses as private parks, sportsmen's clubs, golf courses
and ski hills, and which are operated for members or on a commercial
basis for members of the public and may include multiple related uses
managed as one operation.
[Amended 6-26-2012 by Ord. No. 12-07]
PARCEL
A lot, or contiguous group of lots, in single ownership or
under single control, usually considered a unit for purposes of development.
[Added 4-19-2016 by Ord.
No. 15-07]
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a developer, to be developed
as a single entity for more than one dwelling unit, the plan for which
does not necessarily comply with the various dimensional and locational
requirements for the zoning district in which it is located but in
which each dwelling unit is located on its own lot.
PRESERVED OPEN SPACE
Open space which has been permanently preserved in conjunction
with a planned residential development or manufactured home park.
PRIMARY FLOOR AREA
The floor area of a building for purposes of determining
required parking ratios for certain uses, such area to include only
that portion of the total floor area devoted to customer service,
sales and office space and not to include warehouses, utility, hallways
and other accessory space, except as they generate parking demand.
RECLAMATION
The rehabilitation of a nonmetallic mining site, including
but not necessarily limited to removal of nonmetallic mining refuse,
grading of the site, replacement of topsoil, stabilization of soil
conditions, establishment of vegetative cover, control of surface
water and groundwater, prevention of environmental pollution, construction
of fences and, if practical, restoration of plant, fish and wildlife
habitat.
RECYCLING COLLECTION POINT
A site in which recyclable materials, such as paper, cardboard,
glass, metal, and plastic, are collected and temporarily held until
transferred.
[Added 4-17-2012 by Ord.
No. 12-02]
RECYCLING FACILITY
A facility in which recyclable materials are recycled, reprocessed
and treated to return such products to a condition in which they may
again be used for production.
[Added 4-17-2012 by Ord.
No. 12-02]
REGIONAL FLOOD
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
once in every 100 years.
RESIDENCE
The use of premises for the act or fact of dwelling.
RESIDENTIAL PARK
Land within a residential development used for recreational
purposes.
[Added 6-26-2012 by Ord.
No. 12-07]
RESORT
A facility for transient guests where the primary attraction
is generally on-site recreational features or activities and may include
multiple related uses managed as one operation.
[Added 6-26-2012 by Ord.
No. 12-07]
RETREAT CENTER
A facility or facilities used for professional, educational,
organizational, or religious meetings, conferences, or seminars and
which may provide meals, housing, and recreation for participants
and may include multiple related uses managed as one operation.
[Amended 6-26-2012 by Ord. No. 12-07]
RIDING STABLE, COMMERCIAL
Any establishment where seven or more adult horses are kept
for riding or recreation or where any number of horses are stabled
for compensation, sale or show.
RIDING STABLE, PRIVATE
Any establishment where six or fewer adult horses are kept
for riding or private recreation.
ROAD, PRIVATE
A recorded, described easement for access which serves two
or more building lots but does not include a shared driveway.
ROTOR DIAMETER
The diameter of the circle described by the moving rotor
blades.
SALVAGE YARD
Any land or structure where waste or scrap materials, including
but not limited to scrap iron and other metals, paper, rags, rubber
tires, glass and inoperable vehicles or appliances, are either bought,
sold, exchanged, baled, packed, disassembled or hauled for compensation.
SAWMILLS
A facility where wood is sawed, split, shaved, stripped,
chipped, or otherwise processed to produce wood products to be sold.
[Added 4-17-2012 by Ord.
No. 12-02]
SEARCH RING
A shape drawn on a map to indicate the general area within
which a wireless communication service support structure should be
located to meet radio frequency engineering requirements, taking into
account other factors including topography and the demographics of
the service area.
[Added 8-18-2015 by Ord.
No. 15-02]
SETBACK
The minimum horizontal distance from the center line of a
road or from the edge of the right-of-way of a road or from the ordinary
high-water mark to a structure or use.
SEXUAL CONDUCT
Acts of masturbation, sexual intercourse, or physical contact
with a person’s unclothed genitals, pubic area, buttocks, or,
if female, breast.
[Added 8-27-2013 by Ord. No. 13-07]
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
[Added 8-27-2013 by Ord. No. 13-07]
SHORELANDS
Those lands which are located within 1,000 feet of the ordinary
high-water mark of a navigable lake, pond or flowage or within 300
feet of the ordinary high-water mark of a navigable river or stream
or to the landward side of the floodplain of the river or stream,
whichever distance is greater.
SHRUBBERY
Woody vegetation which is less than a height of 15 feet and
is generally incapable of attaining such height.
SIGN
Any device, fixture, placard or structure that uses any color,
form, graphic, illumination, symbol or writing to advertise, announce
the purpose of or identify a person or entity or to communicate information
of any kind to the public and which is intended to be visible from
any road or from navigable water.
SIGN, ABANDONED
A sign which advertises a use that has ceased or relates
to an individual, firm or association, profession, business, commodity
or product that no longer exists or relates to an activity or purpose
that is no longer applicable.
SIGN, DIGITAL DISPLAY
A sign, any portion of which displays or has the ability
to display electronically illuminated, scrolling or moving text, symbols
or other images, utilizing LED, LCD or other digital or electronic
technology, commonly known as electronic message or reader boards,
electronic marquees, message centers or illuminated moving message
displays.
[Added 4-19-2016 by Ord.
No. 15-07]
SIGN FACE AREA
The entire surface area of a sign display face upon which
copy could be placed or, if no background or frame, the total area
of the smallest rectangle or rectangles which can encompass all words,
letters, figures, emblems and any other element of the sign's message.
When a sign has more than one display face, the combined surface area
of all display faces that can be viewed simultaneously shall be considered
the sign face area.
SIGN, FREESTANDING
Signs which have their own base of support from the ground
and are not attached to a building.
SIGN, OFF-PREMISES
A sign which is not located on the lot on which the individual,
firm, association, profession, business, commodity or product promoted
on the sign is located.
SIGN, ON-PREMISES
A sign located on the same lot on which the individual, firm,
association, profession, business, commodity or product promoted on
the sign is located.
SIGN PERMIT
A permit, issued by the Zoning Administrator, stating that
a sign may be established, located or altered subject to any conditions
placed on the authorization and the provisions of this chapter.
SIGN, PROJECTING
A sign, generally oriented perpendicular to the face of a
building wall, which is attached to a building and which extends more
than six inches from a building wall, typically having two viewable
sides.
SIGN, TEMPORARY
A sign erected only for a limited period of time in accordance
with a use unrelated to the existing principal or accessory use of
the property, such as real estate or garage sale signs.
[Added 4-19-2015 by Ord.
No. 15-07]
SIGN, WALL
A sign painted on a building wall and all other signs, oriented
parallel to the face of a building wall, which are attached to a building
wall and where no part of the structure of the sign extends more than
six inches out from a wall, as measured near the points of attachment
to the building, nor above the roof of the building, nor beyond the
end of a wall.
SITE PLAN
A graphic representation of a parcel of land and all of the
structures and features, or proposed structures and features, contained
thereon.
SLOPE
The relationship of the change in vertical distance to the
change in horizontal distance, expressed as a percentage.
SOLAR COLLECTOR
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
SOLAR ENERGY SYSTEM, LARGE
Equipment which directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy which
is intended for off-site consumption.
SOLAR ENERGY SYSTEM, SMALL
Equipment which directly converts and then transfers or stores
solar energy into usable forms of thermal or electrical energy which
is incidental and subordinate to a permitted use on the same parcel
or on a contiguous parcel of common ownership and is intended to supply
thermal energy or electrical power solely for on-site use, except
that when a parcel on which the system is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may by used
by the utility company.
SOLID WASTE FACILITY
A facility or land for solid waste treatment, solid waste
storage or solid waste disposal, and includes commercial, industrial,
municipal, state and federal establishments or operations such as,
without limitation because of enumeration, sanitary landfills, dumps,
incinerators, land disposal sites, transfer stations, storage facilities,
collection and transportation services and processing, treatment and
recovery facilities. "Solid waste facility" does not include a salvage
yard.
STRUCTURAL ALTERATIONS
Any change in the supporting members of the exterior portions
of a building or structure, such as foundations, load-bearing wall
columns, sills and rafters, or any change in the dimensions or configuration
of the roof or exterior walls.
STRUCTURAL REPAIRS
Any repair of the supporting members of the exterior portions
of a building or structure, such as foundations, load-bearing wall
columns, sills and rafters.
STRUCTURE
Anything constructed, erected or manufactured, the use of
which requires a more or less permanent location on or in the ground.
STRUCTURE, ACCESSORY
A building or other structure which is customary, incidental
and subordinate to a permitted principal use of a lot and located
on the same lot as the principal use and does not meet the definition
of a principal structure.
STRUCTURE, PERMANENT
A structure placed on or in the ground or attached to another
structure in a fixed position and intended to remain in place for
a period of more than nine months.
STRUCTURE, PRINCIPAL
A building or other structure which houses a principal use
of a lot, including any functional appurtenances, such as decks, stairways
and balconies, which are attached to, or located within three feet
of, said building or structure.
SUBSTANTIAL MODIFICATION
The modification of a support structure, including the mounting
of an antenna on such a structure, that does any of the following:
[Added 8-18-2015 by Ord.
No. 15-02]
A.
For structures with an overall height of 200 feet or less, increase
the overall height of the structure by more than 20 feet.
B.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
C.
Measured at the level of appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
collocation.
D.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
SUPPORT STRUCTURE
An existing or new structure that supports or can support
a mobile service facility, including a mobile service support structure,
utility pole, water tower, building or other structure.
[Added 8-18-2015 by Ord.
No. 15-02]
TEMPORARY ACCESSORY UNIT
A temporary dwelling unit installed on the same lot as a
single-family residence and used to provide independent but supervised
housing for a disabled or infirm dependent(s).
TOPSOIL
Soil material (normally the A horizon and upper part of the
B horizon of a soil profile) which is acceptable for respreading on
the surface of regraded areas to provide a medium which sustains a
dense plant growth capable of preventing wind and water erosion of
the topsoil and other materials beneath.
TRANSIENT
A person who travels from place to place away from his or
her permanent address for vacation, pleasure, recreation, culture
or business.
TREE
Woody vegetation that is, or is capable of attaining, a height
of at least 15 feet.
UNINCORPORATED AREA
All lands and waters located within Pierce County which are
located outside the municipal boundaries of a village or city.
UNNECESSARY HARDSHIP
Circumstance where special conditions affecting a particular
property, which were not self-created, have made strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of the zoning ordinances.
USE
The purpose or activity for which a parcel of land, or structure(s)
thereon, is designed, arranged, intended, occupied or maintained.
USE, ACCESSORY
A use subordinate to and customarily incidental to a permitted
principal use of a lot and located on the same lot as the principal
use.
USE PERMITTED AS A CONDITIONAL USE
A use whose nature, character or circumstance is so unique
or so dependent upon specific conditions that predetermination of
permissibility by right is not practical but which may be permitted
on a case-by-case basis subject to the conditional use permit procedure.
USE, PRINCIPAL
The basic use of a lot or structure or one of the basic uses of a lot or structure where more than one basic use exists on a lot. Principal uses are those listed as such in §
240-17.
USE, UNSPECIFIED TEMPORARY
A use which is conducted for not more than seven consecutive
days nor more than 10 days in any one-year period.
UTILITY FACILITIES
Any structure or equipment, except for communications towers,
used or designed for the production, transmission, delivery or furnishing
of heat, light, water, power, sewer services or telecommunications
either directly or indirectly to or for the public.
VARIANCE
An authorization, granted by the Board of Adjustment, to
depart from the literal requirements of this chapter.
WALKWAY
An unenclosed, unroofed exterior platform structure, with
or without railings, not exceeding 48 inches wide.
WAREHOUSE AND STORAGE
The holding of packaged or wholly or partially finished materials,
foods or products within enclosed buildings which will not create
significant impacts to surrounding uses. Examples of such use includes
wholesale establishments primarily engaged in selling and/or distributing
merchandise to retailers; to industrial, commercial, institutional,
or professional business users, or to other wholesalers. The use does
not include those uses which are consistent with the definition of
"mini storage."
[Added 4-17-2012 by Ord.
No. 12-02]
WETLAND
Those areas where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which have soils indicative of wet conditions.
WIND ENERGY SYSTEM
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy. This equipment includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries, or other component used in the system.
WIND ENERGY SYSTEM, LARGE
A WES intended to generate power for off-site consumption
consisting of one or more wind turbine(s), a tower(s), and associated
control or conversion electronics, which has a rated capacity of more
than 100 kilowatts or a total height of 200 feet or greater.
WIND ENERGY SYSTEM, SMALL
A WES that has not more than 100 kilowatts in total nameplate
generating capacity and a total height less than 200 feet which is
incidental and subordinate to a permitted use on the same parcel or
on a contiguous parcel of common ownership and is intended to supply
electrical power solely for on-site use, except that when a parcel
on which the system is installed also receives electrical power supplied
by a utility company, excess electrical power generated and not presently
needed for on-site use may by used by the utility company.
WIND GENERATOR
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
WIND TOWER
Vertical structures that supports a wind generator and any
associated generation equipment.
WINERY
An establishment located on land with a producing vineyard
or similar growing area for the production of wine, as defined by
the State of Wisconsin, that includes a room for the tasting of wine,
nonalcoholic fruit juices or incidental food items or the retail sales
of winery products, products by the bottle for off-premises consumption
or other retail items identified in the conditional use permit.
[Added 6-26-2012 by Ord.
No. 12-07]
WIRELESS COMMUNICATIONS SERVICE FACILITY or FACILITIES (WCSF)
All equipment, buildings and structures with which a wireless
communications service carrier or provider broadcasts and receives
the radio frequency waves which carry its services and all locations
of said equipment, buildings and structures.
[Amended 8-18-2015 by Ord. No. 15-02]
WOODLAND
Land covered with trees, not including orchard or nursery
trees.
YARD
A required area on a lot, unoccupied by buildings and open
to the sky, extending along a lot line to a specified depth or width.
YARD, FRONT
A yard extending along an entire front lot line from the
front lot line to the depth or width specified in the yard requirements
for the applicable district.
YARD, REAR
A yard extending along an entire rear lot line from the rear
lot line to the depth or width as specified in the yard requirements
for the applicable district.
YARD, SIDE
A yard extending along an entire side lot line from the side
lot line to the depth or width specified in the yard requirements
for the applicable district.
ZONING ADMINISTRATOR
An authorized representative of the Land Management Committee
appointed by the County of Pierce for the purpose of carrying out
the terms of this chapter.
ZONING MAP
The series of maps showing the location and boundaries of
the zoning districts established by this chapter.