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.
ABUTTINGHave a common property line or district line.
ACCESSORY USE OR STRUCTUREA use or detached structure 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.
ACRE, GROSSThe net area of land devoted to the land use plus the proportionate area devoted to all supporting land uses, including public streets, public lands or unusable lands, and school sites, contained within 43,560 square feet.
ACRE, NETThe actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites, contained within 43,560 square feet.
ALLEYA public way not more than 25 feet wide which affords only a secondary means of access to abutting property.
APARTMENTA room or suite of rooms in a multiple-family 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.
BASEMENTThat portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-around living accommodations. Space partly below grade which is designed and finished as habitable space is not defined as basement space.
BLOCKA tract of land bounded by streets or by a combination of streets and public parks, or other recognized lines of demarcation.
BOARDINGHOUSEA 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.
BUILDINGAny structure, including decks, 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.
BUILDING, HEIGHT OFThe vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.
BUILDING, PRINCIPALA building in which the principal use of the lot on which it is located is conducted.
BUILDING SETBACK LINEA line parallel to the lot line at a distance parallel to it regulated by the yard requirements set up in this chapter.
BUSINESSAn occupation, employment, or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CHANNELThose floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
COMMUNITY LIVING ARRANGEMENTAs defined in § 46.03(22), Wis. Stats. The establishment of a community living arrangement shall be in conformance with applicable sections of the Wisconsin Statutes, including §§ 46.03(22), 69.97(15) and 62.23(7)(i) and (7a), and amendments thereto, and also the Wisconsin Administrative Code.
CONDITIONAL USEUses of a special nature as to make impractical their predetermination as a principal use in a district.
CONSERVATION STANDARDSGuidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide prepared by the USDA Soil Conservation Service, 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.
CONTROLLED ACCESS ARTERIAL STREETThe 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.
CORNER LOTOn corner lots, the setback shall be measured from the street line on which the lot fronts. The setback shall be the same on both streets. Said corner lot shall consist of a parcel of property abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135°.
DEVELOPMENTAny 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.
DISTRICT, BASICA part or parts of the Village for which the regulations of this chapter governing the use and location of land and building are uniform.
DISTRICT, OVERLAYOverlay districts, also referred to herein as "regulatory areas," provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DWELLINGA 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.
DWELLING, EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILYA 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.
DWELLING, TWO-FAMILYA detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
DWELLING UNITA 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.
ESSENTIAL SERVICESServices 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 sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
FAMILYA. 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.
Exceptions. Nothing in this chapter shall prohibit, under the definition of "family," priests, laybrothers, nurses or such other collective body of persons living together in one house under the same management and care, subsisting in common, and directing their attention to a common object or the promotion of their mutual interest and social happiness as set forth by the Wisconsin Supreme Court in Missionaries of Our Lady of LaSallette vs. the Village of Whitefish Bay Board of Zoning Appeals, 267 Wis. 609, which is hereby incorporated by reference.
FARMSTEADA single-family residential structure located on a parcel of land which primary land use is associated with agriculture.
FLOODA temporary rise in streamflow or stage in lake level that results in water overtopping the banks and inundating areas adjacent to the stream channel or lake bed.
FLOOD-FRINGEThose floodlands, outside the floodway, subject to inundation by the one-hundred-year recurrence interval flood. For the purpose of this chapter, the flood-fringe includes the general floodplain district and the flood-fringe district.
FLOODLANDAll 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 general floodplain district, and the flood-fringe fringe district.
FLOOD PROTECTION ELEVATIONA 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.
FLOOD STAGEThe elevation of the floodwater surface above an officially established datum plane, which is mean sea level, 1929 adjustment, on the supplementary Floodland Zoning Map.
FLOODWAYA 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.
FLOOR AREA, BUSINESS AND MANUFACTURING BUILDINGSFor 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.
FOSTER FAMILY HOMEThe primary domicile of a foster parent which is for four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.
FRONTAGEAll the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
GARAGE, PRIVATEA detached accessory building, or portion of the principal building, designed, arranged, used, or intended to be used for storage of the automobile of the occupant of the premises.
GARAGE, PUBLICAny building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing, or public parking of motor vehicles.
GROUP FOSTER HOMEAny 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.
HOME OCCUPATIONAny business or profession carried on only by a member of the immediate family residing on the premises in accordance with §
415-42, Home occupations.
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.
LOADING AREAA 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.
LODGING HOUSEA building where lodging only is provided for compensation for not more than three persons not members of the family.
LOTA 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 chapter as pertaining to the district wherein located.
LOT COVERAGE (EXCEPT RESIDENTIAL)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.
LOT, INTERIORA lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
LOT LINEA 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.
LOT LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT, SUBSTANDARDA 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 chapter as pertaining to the district wherein located.
LOT, THROUGHA 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.
LOT WIDTHThe horizontal distance between the side lot lines measured at the building setback line.
MINOR STRUCTUREAny small, movable accessory erection or construction such as birdhouses; toolhouses; pet houses; play equipment; arbors; and walls and fences under four feet in height.
MOBILE HOMEA manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.
MOBILE HOME LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARKA parcel of land which has been developed for the placement of mobile homes and is owned by an individual, firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.
MOBILE HOME SUBDIVISIONA land subdivision, as defined by Ch. 236, Wis. Stats., and the Village's Subdivision Ordinance, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
MODULAR UNITA 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.
NONCONFORMING STRUCTURE OR USEAny structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this chapter or amendments thereto and which is not in conformance with this chapter. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall not be considered a nonconforming use but shall be considered nonconforming with respect to those characteristics.
[Amended 12-8-2006 by Ord. No. 2006-2]
A structure or premises containing five or more parking spaces open to the public.
PARKING SPACEA graded and surfaced area of not less than 162 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.
[Amended 12-8-2006 by Ord. No. 2006-2]
Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PROFESSIONAL OFFICEThe office of a doctor, practitioner, dentist, minister, architect, landscape architect, engineer, lawyer, author, musician or other recognized trade. When established in a residential district, a professional office shall be incidental to the residential occupation, not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office and only one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of the occupant of the premises shall be exhibited.
PUBLIC AIRPORTAny 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.
REAR YARDThat boundary of a lot which is opposite or most nearly parallel to the front lot line. In the case of an irregular or triangular-shaped lot, the rear lot line is a line 10 feet in length within the lot lines, parallel to and at the maximum distance from the front lot line.
[Amended 10-10-2017 by Ord. No. 2017-2]
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 chance of occurrence of 26%.
RETAILThe sale of goods or merchandise in small quantities to the consumer.
SETBACKThe minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.
SIDE YARDA 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.
STORYThat 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.
STORY, HALFThat 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 half story in a sloping roof shall not be counted as a story for the purposes of this chapter.
STREETProperty 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.
STREET YARDA 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 two street yards.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
STRUCTUREAnything 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.
TEMPORARY STRUCTUREA movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
USEThe purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
USE, PRINCIPALThe main use of land or building as distinguished from subordinate or accessory use.
UTILITIESPublic 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.
VISION CLEARANCEAn 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.
YARDAn open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.
ZERO LOT LINEThe 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 spacing between said units.
ZONING PERMITA permit issued by the Zoning Administrator 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.
