Unless the context otherwise requires, the following definitions shall be used in the interpretation of this Ordinance. If questions arise as to the interpretation of common usage terms, the Zoning Administrator or Designated Authorized Agent of the City shall refer to the definitions contained in Merriam-Webster's Collegiate Dictionary – Eleventh Edition or subsequent editions. Interpretations of land use activities shall be based on the most current North American Industry Classification System (NAICS), Office of Management and Budget (OMB), or subsequent editions. Interpretations of terms related to structures shall be based on the applicable building codes.

For the purpose of this Ordinance, certain words as used herein are defined as follows:

A

A-Zones. Those areas shown on the Official Floodplain Zoning Map that would be inundated by the regional flood. These areas may be numbered or unnumbered A-Zones. The A-Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Abandoned vehicle. Any vehicle that has been left unattended without the permission of the property owner for more than forty-eight (48) hours. Refer to Section 342.40 of the Wisconsin Statutes for a more detailed definition.

Accessory use, structure, or building. A use, structure, or building subordinate to the principal use of a building or to the principal use of land and is located on the same parcel and serving a purpose customarily incidental to the use of the principal building or land use. Accessory uses or structures to residential principal uses may include but are not limited to: Garages, carports, decks, greenhouses established for more than ninety (90) days, manufactured fabric structures (such as those designed for storing cars, boats, or equipment but excluding various recreational tent structures pursuant to Section 5.1, I: Recreational Vehicles, Trailers and Camping other parking spaces, patios, swimming pools, tennis courts, tree houses and tool sheds. Structures consisting of garage space on the first floor and living quarters above are considered accessory dwelling units subject to Section 5.lE and 5.6.

Accessory structure: wireless telecommunication facility. A building or cabinet like structure located adjacent to or in immediate vicinity of a wireless telecommunication tower or antenna to house equipment customarily incidental to the receiving or transmitting of wireless broadcasts, cellular telephone call, voice messaging, and paging services.

Adult entertainment establishment. An establishment, including, but not limited to, an adult bookstore, adult theater, adult entertainment center, adult cabaret, adult strip club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement, sadomasochistic activity, or other related activity.

Adult family home. A facility licensed as an adult family home by the State of Wisconsin where three (3) or four (4) adults not related to the operator reside and are provided with care, treatment or services above the level of room and board. Such care and treatment may include up to seven (7) hours per week of nursing care per resident.

Adult retail establishment. An establishment in which ten (10) percent or more of the gross public floor area is devoted to, or ten (10) percent or more of the stock-in-trade consists of, the following: books, magazines, and other periodicals, movies, videotapes, compact discs, digital versatile discs, novelty items, games, greeting cards, and other materials that are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; or other related activity.

Affordable housing. Housing in which mortgage, amortization, taxes, insurance, and condominium and association fees, if any, constitute no more than twenty-eight (28) percent of gross household income for a household of the size which may occupy the unit. In the case of dwelling units for rent, the rent and utilities constitute no more than thirty (30) percent of gross annual household income for a household of the size which may occupy the unit.

Agent. One who is authorized to act for or in the place of another, as a representative, emissary, or official of a government agency.

Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Agricultural research facility. The use of land to conduct research associated with agriculture. This term includes, but is not limited to, an agricultural test plot, arboretum, and related offices, classrooms, maintenance, and storage facilities.

Agricultural services. Establishments engaged in providing services to agricultural establishments and landowners including soil preparation, crop services, veterinary services, farm management, and landscape, and horticultural services.

Alley. A public way used primarily as a secondary service access to the rear or side of a property that abuts a street.

Airport. The John F. Kennedy Memorial Airport located in Ashland County and annexed by the City of Ashland, Wisconsin.

Airport affected area. The area located within three (3) statute miles of the John F. Kennedy Memorial Airport property boundaries.

Airport overlay certificate of compliance. A certification that the construction and use of the land or a building, is in compliance with all provisions of this ordinance.

Airport hazard. Any structure, object, natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing and taking off.

Airport runway. A portion of the airport having a surface specifically developed and maintained for the taxiing, landing, and taking off of aircraft.

Animal boarding, grooming, or training. An establishment in which more than four domestic animals over the age of six (6) months may be kept for boarding, breeding, safekeeping, convalescence, humane disposal, placement, sale, bathing, trimming, training or sporting purposes. This term includes a commercial kennel.

Animal: commercial livestock. Animals or insects that are bred, raised, maintained or sold for commercial use and exceed quantities established under Section 5.6 B. Animals: Keeping of. Commercial livestock animals include horses, cattle, hogs, sheep, goats, bees and poultry.

Animal: domestic. An animal, including, but not limited to a dog and cat, that is commonly referred to as a pet, and that can generally be kept inside a dwelling. This term does not include a horse, pig, or similar animal that is typically kept only on agricultural or rural properties, and is not typically kept inside a dwelling. Chickens and rabbits may be considered domestic animals pursuant to the specific use standards of this Ordinance.

Animal: family farm (small). An animal that is bred, raised, or maintained on rural residential properties for non-commercial use. Small family farm animals include poultry, rabbits, and pigeons. Specifically excluded from this definition are roosters, turkeys and geese. Family farm animals shall be specifically for use by the family living on the site and shall not be sold.

Animal: family farm (large). An animal that is bred, raised, or maintained on rural residential properties for non-commercial use. Large family farm animals include horses, ponies, donkeys, mules, llamas, emus, sheep, and goats. Specifically excluded from this definition are hogs and cattle. Family farm animals shall be specifically for use by the family living on the site and shall not be sold.

Animal processing. The cutting, grinding, manufacturing, compounding, intermixing or preparation of meat or meat food products for human consumption.

Animal: slaughter of (commercial and custom). The slaughter of food animals for human consumption on a commercial basis or as a custom service for an individual who owns the animal, and uses all the resulting products for his or her own consumption.

Antenna. Equipment used for transmitting or receiving radio frequency signals, which is attached to a tower, building, or other structure, usually consisting of a series of directional panels, microwave or satellite dishes, or omni-directional “whip” antennae.

Antenna elements: television. That portion or portions of the outside antenna system for television receiving apparatus or equipment that are electrically connected to the receiver.

Antenna mast: television. That portion of the outside antenna system for television receiving apparatus or equipment to which the antenna elements are attached.

Antenna tower or mast support: television. The support or extension required to elevate the antenna mast to a height deemed necessary for adequate operation.

Antenna support system. Any building, pole, telescoping mast, tower, tripod, or any other structure that supports an antenna.

Antenna system: television. The combination of any antenna elements, mast, and tower or mast support as defined by this Ordinance.

Antenna system height. The overall vertical length of the antenna system, as defined by this Ordinance, above the ground, or if such system is located on a building, then, above that part of the level of such building, upon which the system rests.

Antique store. A retail establishment in which the display of human-made articles produced or constructed at least fifty (50) years ago, or articles collected and recognized by a formal organization established to research, promote and provide information about such articles, covers at least eighty-five (85) percent of the display floor area. (See definition of retail establishment.)

Apiary. A place where bee colonies are kept.

Approval authority. Any City of Ashland official or employee vested with the duty or authority to review, approve, or issue a permit, certificate, license, citation, variance, appeal, plan, amendment, plat or map requested, submitted, or applied for under this ordinance.

Approved. To give formal or official sanction to by the Building Inspector, Zoning Administrator, Plan Commission, City Council, or other responsible entity.

Area: developed. The area of a parcel upon which improvements have been made.

Area: gross. The total area of land within the established parcel.

Area: undeveloped. The area of a parcel with no development. For the purposes of this Ordinance, undeveloped area shall exclude water bodies, stream channels, delineated or mapped wetlands, and designated natural areas.

Artist studio. Work space for one or more artists or artisans, including the accessory sale of art produced on the property.

Assembly hall. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduation parties, and business functions. This term includes, but is not limited to, a banquet hall, rental hall, meeting space for a club or membership organization. This term does not include a convention center.

Association. See Club or association.

Automated-teller machine (ATM). An electronic banking machine that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals from remote locations, twenty-four hours a day.

Average annual rainfall. A calendar year of precipitation, excluding snow, which is considered typical.

Awning. A shelter constructed of non rigid materials on a supporting framework projecting from and supported by the exterior wall of a building.

B

Bank or other financial institution. An establishment providing retail banking, credit, and mortgage services. This term does not include a currency exchange, a payday loan establishment, or a title loan agency. Unless specifically allowed in the district, this term does not allow for a drive-through window or an automated-teller machine (ATM) as an outright permitted use.

Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on the Flood Insurance Rate Map (FIRM).

Basement. That portion of a building which is completely or partially below grade plane. A basement shall be counted as a story above grade plane where the finished surface of the floor above the basement is more than six (6) feet above grade plane or more than twelve (12) feet above the finished ground level at any point.

Batch plant: concrete or asphalt. A facility that produces or processes concrete or asphalt.

Bathroom. A room containing plumbing fixtures including a bathtub or shower.

Bed and breakfast establishment. An establishment that meets all of the following criteria:

1. Provides eight (8) or fewer rooms for rent, to no more than twenty (20) tourists or other transients for a length of time not to exceed ten (10) nights in a twelve (12) month period;
2. Is the owner's personal residence and is occupied by the owner at the time of rental;
3. Meals are served only to guests; and
4. Breakfast is the only meal served to guests.

Bee. Any life stage of the common domestic honey bee.

Beekeeper. A person who owns or has charge of one or more colonies of bees.

Best management practice (BMP). Structural or nonstructural measures, practices, techniques, or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

Billboard. See Sign: billboard

Blight. A deteriorated condition.

Block. The property abutting a street between the two (2) nearest intersecting or intercepting streets. A railroad right-of-way, the boundary line of un-subdivided acreage, or a body of water shall be regarded the same as an intersecting or intercepting street for the purpose of defining a "block."

Bluff. A broad-faced or steep, promontory, bank, or cliff, primarily the result of erosion or excavation and having a vertical relief greater than ten (10) feet.

Boarding or rooming home. A dwelling unit, or part thereof, occupied by a single housekeeping unit where meals and lodging may be provided for three (3) or more persons not related to the owner for compensation by previous arrangement.

Boathouse. Any permanent structure designed solely for the purpose of protecting or storing boats and related equipment for noncommercial purposes.

Building. See Structure.

Building coverage. The percentage of a parcel that is covered by all principal and accessory buildings on the parcel.

Building height. The vertical distance from the grade level at the front wall of the building to the highest point of the coping of a flat roof or to the highest point of a mansard roof, or to the ridgeline of a gable, hip, or gambrel roof.

Building inspector. The building inspector of the City of Ashland.

Building: principal. A building in which is conducted the main or principal use of the property on which the building is situated.

Buildable area. That part of the parcel not included within the open space areas required by this Ordinance.

Bulkhead line. A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Wisconsin Department of Natural Resources pursuant to Section 30.11 of the Wisconsin Statutes and which allows limited filling between this bulkhead line and the original ordinary high water mark, except where such filling is limited by the floodway provisions of this Ordinance.

Business service. An establishment providing services to business establishments on a fee or contract basis, including but not limited to the following: Advertising services, business equipment and furniture sales or rental, protective services, employment agency, photocopy center, commercial photography studio, or mailing service. This term does not include maintenance, repair and office uses such as the following: Accounting, advertising, architectural design, community planning, environmental analysis, insurance, interior design, landscape design, law, management consulting, or title research and real estate.

C

Campground. Establishments primarily engaged in providing overnight or short-term sites for recreation vehicles, trailers, campers, and tents.

Camping unit. Any portable device, no more than four hundred (400) square feet in area, used as a temporary shelter, including, but not limited to a tent, camping trailer, motor home, bus, van, pick-up truck, or other mobile recreational vehicle.

Car wash. An establishment providing washing, waxing, or cleaning of light motor vehicles, including access and queuing lanes.

Catering service. An establishment providing the processing, assembly, and packaging of food into servings for consumption off-premises without provision for onsite pickup or consumption. This term includes, but is not limited to, the preparation of meals by a catering businesses or by a nonprofit organization operating a meal program.

Cemetery. A place for the interment of the dead. This term includes a columbarium or mausoleum, but does not include a funeral home, crematorium, or mortuary.

Cease and desist. A court issued order to halt the activity that is being conducted without a permit or in violation of this Ordinance.

Certificate of appropriateness. A certificate issued by the Historic Preservation Commission approving alteration, rehabilitation, construction, reconstruction, or demolition of a historic structure, historic site or any improvement in a historic district, refer to City of Ashland Ordinance 826.

Certificate of Compliance. See Airport overlay certificate of compliance or Floodplain certificate of compliance.

Channel. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow is that water flowing within the limits of the defined channel.

Chair. The Chair of the Plan Commission, the Chair of the Zoning Board of Appeals, or other body as the context requires.

City. The incorporated City of Ashland, State of Wisconsin.

Civic uses. See Government or community service use.

Clinic. An establishment operated by one or more physicians, dentists, chiropractors, mental health professionals, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis.

Club or association. A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

College. An educational institution authorized by the State of Wisconsin to award baccalaureate or higher degrees, or any campus of the State of Wisconsin vocational, technical, and adult education system. This term includes any classroom, sporting facility, music hall, office, and related uses associated with such institution. This term does not include a dormitory.

Co-location. The location of wireless telecommunication equipment from more than one provider on a common tower or structure.

Colony (bees). A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood. One (1) colony shall have the meaning of containing only one (1) queen.

Columbarium. A vault, wall, or similar structure with niches for urns containing ashes of the dead. Also see definition of cemetery.

Combined sewer system. A system for conveying both sanitary sewage and storm water runoff.

Commercial trailer. A vehicle for transporting commercial goods. Usually associated with a semi truck.

Common open space. Undeveloped land within a conservation subdivision that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space shall not be part of individual residential parcels. It shall be substantially free of structures, but may contain historic structures and archaeological sites including Indian mounds, and/or such recreational facilities for residents as indicated on the approved development plan.

Communication equipment: major. Commercial and public radio and television transmitting antennas, public utility microwave antennas, personal wireless antennas, and satellite dishes with a diameter of greater than three (3) feet.

Communication equipment: minor. Radio and television receiving antennas, including a single satellite dish with a three (3) foot diameter or less, short-wave radio dispatching antennas, or those antennas necessary for the operation of household electronic equipment, including radio receivers, federal licensed amateur radio stations, and television receivers.

Communication service. A public or commercial facility primarily engaged in the provision of broadcasting and other information relay services. This term includes radio and television studios, cable and Internet providers, and related services and equipment. This term does not include major communication equipment.

Community garden. A single piece of land gardened collectively by members of a community, typically in an urban environment.

Community living arrangement. Refers to any of the following:

1. Residential care center for children and youth. A facility operated by a child welfare agency licensed under Section 48.60 of the Wisconsin Statutes for the care and maintenance of children and youth residing in that facility.
2. Group home for children. A facility operated by a person required to be licensed by the Wisconsin Department of Health Services under Section 48.625 of the Wisconsin Statutes for the care and maintenance of five (5) to eight (8) children, as provided by Section 48.625 (1) of the Wisconsin Statutes.

Community-based residential facility. A place where five (5) or more adults who are not related to the operator or administrator and who do not require care above intermediate level nursing care, reside and receive care, treatment, or services that are above the level of room and board, but that include no more than three (3) hours of nursing care per week per resident. This term does not include a convent or similar facilities.

Community service uses. See government and community service uses.

Comprehensive Plan. The long-range master plan for the desirable use and development of land in the City of Ashland as officially adopted and as amended from time to time by the Common Council after review by the Plan Commission.

Compost bin. A Compost bin is a structure built to house compost and designed so as to facilitate the decomposition of organic matter through proper aeration and moisture retention.

Composting. The biological decomposition of organic solid waste under conditions created, maintained or controlled by a person or an entity.

Composting facility: community. A public or private facility for the deposit and controlled biological reduction of organic wastes at a community or regional scale. This term does not include composting for personal use pursuant to the provisions of this Ordinance and City of Ashland’s Ordinance 750: Property Maintenance.

Composting facility: indoor. A public or private facility housed within a structure for the deposit and controlled biological reduction of organic wastes at a community or regional scale. This term does not include composting for personal use pursuant to the provisions of this Ordinance and City of Ashland’s Ordinance 750: Property Maintenance.

Conditional use permit. A document signed by the Zoning Administrator or Designated Authorized Agent specifying the requirements for which a conditional use may be permitted within a parcel. A conditional use is a use permitted within a district other than a permitted use.

Condominium. A community association combining individual unit ownership with shared use or ownership of common properties or facilities, established in accordance with requirements of the Condominium Ownership Act, Chapter 703, Wisconsin Statutes. A condominium is a legal form of ownership of real estate and not a specific building type or style.

Connected imperviousness. An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

Conservation easement. The grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall remain in its natural, scenic, open, or wooded state, precluding future or additional development.

Conservation or wildlife management. Planned protection, preservation, and management of natural resources, including, but not limited to, plants, animals, and waters.

Construction site. An area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing activities may be taking place at different times and on different schedules, but under one plan.

Conservation subdivision. A housing development in a rural setting that is characterized by compact parcels and common open space, and where the natural features of the land are maintained to the greatest extent practical.

Contiguous (parcel). A neighboring parcel, which shares a boundary with or touches the parcel physically.

Contractor’s shop. An establishment used for indoor maintenance, repair, or storage of a contractor’s vehicles, equipment, or materials. A contractor’s shop may include the contractor’s business office.

Contractor’s yard. An establishment used for the outdoor repair, maintenance, or storage, of a contractor’s vehicles, equipment, or materials, including the stockpiling of aggregate and other materials commonly used in the construction business. This term does not include a batch plant that produces concrete or asphalt.

Convalescent home. See Nursing home.

Convenience store. See Retail, convenience.

Convent (rectory and monastery). A building used to house the staff of a religious institution or the members of a religious organization.

Corner side yard. See Yard: corner side.

Council. The Common Council of the City of Ashland, Wisconsin.

Courtyard. An open, unoccupied and unobstructed space, other than a yard, on the same parcel with a building or group of buildings.

Crawlspace or crawlway. An enclosed area below the first usable floor of a building, generally less than five (5) feet in height, used for limited access to plumbing and electrical utilities.

Cul-de-sac. A permanent street terminating at once end without connecting with another road and designed so that it cannot be further extended without taking property not dedicated as a street.

Cultural institutions. An institution that displays or preserves objects of interest to the arts or sciences. This term includes, but is not limited to, museums, art galleries, aquariums, and planetariums.

Currency exchange. In accordance with Section 218.05 of the Wisconsin Statutes, any person, except banks incorporated pursuant to Wisconsin law, national banks pursuant to United States law, and any credit union operating under Chapter 186 of the Wisconsin Statutes, which obtains a certificate of authority from the Wisconsin commissioner of credit unions, engaged in the business of and providing for facilities for cashing checks, drafts, money orders, and all other evidences of money acceptable to such community currency exchange for a fee, service charge, or other consideration. This term does not include any person engaged in the business of transporting for hire, bullion, currency, securities, negotiable, or nonnegotiable documents, jewels, or other property of great monetary value, nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in Wisconsin, who in the course of such business or profession and, as incident thereto, cashes checks, drafts, money orders, or other evidences of money.

Cutoff light fixture. See Shielded or cutoff light fixture.

D

Day care: licensed family home. A dwelling unit licensed as a family day care center by the State of Wisconsin, pursuant to Section 48.65 of the Wisconsin Statutes, and Chapter DCF 250 of the Wisconsin Administrative Code, where a resident of the dwelling provides care for not more than eight (8) children at any given time for less than twenty-four (24) hours at time.

Day Care: licensed group child care center. Licensed group child care center by the State of Wisconsin, pursuant to Section 48.65 of the Wisconsin Statutes, and Chapter DCF 251 of the Wisconsin Administrative Code, where a person for less than twenty four (24) hours a day provides care and supervision for nine (9) or more children who are not related to the provider.

Day care: unlicensed family home. A dwelling unit where a resident of the dwelling provides care for not more than three children for less than twenty-four (24) hours at a time.

Day care center: commercial. A facility in which the operator is provided compensation in return for providing individuals with care for less than twenty-four (24) hours at a time. This term includes, but is not limited to the following: day nursery, nursery school, adult day care center, or other supplemental care facility. This term also includes a day care center that is accessory to another use and that is intended for use by the employees of the principal uses and their immediate family. This term does not include family home day care in which the operator resides.

Deck. An unenclosed exterior structure that has no roof or walls, but has a permeable floor that allows the infiltration of precipitation.

Density. The number of dwelling units per net acre of land after land for streets and other public purposes is removed.

Designated Authorized Agent. An employee of the City who has been designated by the department’s established approval authority, and has been given the power to act on behalf of said approval authority.

Developer. A person, company, or a property owner’s authorized agent who develops real estate, especially by preparing a site for residential, industrial or commercial use in order to build or sell.

Development. Any human made changes to improved or unimproved real estate, including, but not limited to the construction of buildings, structures, or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of manufactured homes or mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavation, or drilling operations, and the deposition or extraction of earthen materials.

Development envelope. An area within which grading, lawns, pavement, and building will be located.

Development: pedestrian oriented. Pedestrian-friendly development with an emphasis primarily on providing safe and efficient opportunities for people of all ages and abilities to access commercial and residential destinations, to encourage people to walk rather than drive to destinations so as to reduce traffic congestion and environmental impacts from automobiles, and to promote economic, environmental and personal health and well-being.

Dormitory. A building used as a group living quarters for students associated with a college, university, boarding school, or similar institution.

Drainage system. One or more artificial ditches, tile drains, similar devices that collect surface runoff of groundwater and convey it to a point of discharge.

Drive-in restaurant. See Restaurant: drive-in.

Drive-through window. An establishment that allows patrons in a vehicle to drive up to a window for service. A drive-through window is typically associated with fast food restaurants, banks or other financial institutions and pharmacies.

Driveway. Private access from a public way to one (1) or two (2) parcels.

Drop-in center. See personal care services or drop-in center.

Dry cleaning and laundry drop off and pick up. An establishment that launders or dry cleans articles dropped off on the property directly by the customer, or where articles are dropped off, sorted, and picked up, but where laundering or cleaning is done elsewhere.

Dryland access. A vehicular access route that is above the regional flood elevation and that connects land located in the floodplain to land outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough for wheeled rescue and relief vehicles.

Duplex. See Dwelling: two-family (duplex).

Dwelling, accessory. An attached or detached dwelling unit with a maximum gross floor area of eight hundred sixty-four (864) square feet that is located on the same parcel as a single-family dwelling.

Dwelling: multi-family. A residential structure located on a single parcel, containing three (3) or more dwelling units. This term includes a condominium. This term does not include lodging establishments, boarding houses, or guesthouses.

Dwelling: single-family attached. A residential structure with one dwelling unit located on a parcel, wherever such dwelling unit has at least two (2) exposed exterior walls and is attached by a common vertical wall (not over twenty-five (25) feet in height) to an adjacent dwelling unit that is located on another parcel and has at least two (2) exposed walls.

Dwelling: single-family detached. A residential structure containing one dwelling unit on a single parcel, sharing no common walls with another dwelling unit. This term includes modular homes and manufactured homes, but does not include mobile homes as defined by this Ordinance.

Dwelling: two-family (duplex). A residential structure located on a single parcel, that contains two dwelling units, either side-by-side, or upstairs and downstairs.

Dwelling: twinhome. A residential structure containing two dwelling units in which each dwelling unit is located on a separate parcel, but where each dwelling unit has at least two (2) exposed exterior walls and is attached by a common vertical wall (not over twenty-five (25) feet in height) to the adjacent dwelling unit. Also referred to a single-family attached dwelling with two (2) units.

Dwelling unit. A residential unit providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, cooking, eating, and sanitation.

E

Emergency residential shelter. A facility, other than a community living arrangement, that provides short-term housing and a protective sanctuary for victims of fire, natural disaster, economic hardship, domestic abuse or neglect, including emergency housing during crisis intervention for victims of rape, child abuse, or physical beatings, and which contains individual or group sleeping rooms and may or may not have food preparation facilities and private shower or bath facilities.

Equipment. The implements used in an operation or activity.

Erosion. The process by which the land’s surface is worn away by action of wind, water, ice, or gravity.

Erosion and sediment control plan. A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

Essential services. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground and overhead lines and pipes for gas, electric, telephone, communications, cable television, steam, public water supply, sanitary sewage collection, storm water conveyance, or other comparable utilities. Essential services include such above surface facilities as poles, guide wires, fire alarm boxes, water hydrants, utility posts, police call boxes, and stand pipes. Essential services do not include larger utility facilities such as electric substations, wastewater treatment plants, well houses, water reservoirs, wind energy facilities, and microwave and telecommunication towers.

Event: civic. An established and planned event which is of civic or public benefit, sponsored by a governmental organization, educational institution or related civic organization, and promotes celebration, well-being, community pride, culture or history.

Exceptional resource waters. Waters, which provide valuable fisheries, hydrologically or geologically unique features, outstanding recreational opportunities, unique environmental settings, and which are not significantly impacted by human activities. Chapter NR 102.11 of the Wisconsin Administrative Code provides a list of exceptional resource waters.

Extractive industries. This group includes the mining, quarrying, excavation, processing, storing, separating, cleaning, or marketing of natural resources such as sand, gravel, earth, peat, coal, minerals, gas, and oil.

F

Facade. Any side of a building facing a public way or space.

Family. A person living alone, or two (2) or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house, motel, hotel, club, fraternity, or sorority house, or other group, provided that unless all members except one are related by blood, adoption, marriage, or are legally cared for, no such group shall contain over five persons.

Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program.

Fence. A structure intended to mark a boundary, provide screening, and/or prevent escape or intrusion. This definition shall include a structure of stonework, cement or other masonry usually referred to as a “wall” in Section 6.5: Fences and other relevant sections.

Festival grounds. An outdoor facility, including accessory structures, used primarily for the accommodation of periodic or seasonal cultural or entertainment programs or events.

Filling station/convenience store. An establishment providing retail sale of fuel for motor vehicles, but not motor vehicle maintenance or repair. This term includes accessory retail sales, commonly referred to as a convenience store, but does not include a fast food/carry-out restaurant, nor does it include a car wash.

Final stabilization. All land disturbing construction activities at the construction site have been completed and a uniform perennial vegetative cover has been established, with a density of at least seventy (70) percent of the cover, for the unpaved areas and areas not covered by permanent structures, or that employ equivalent permanent stabilization measures.

Financial guarantee. A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City of Ashland by the responsible party to assure that the requirements of this Ordinance and the applicable permits are carried out in compliance with the approvals and requirements.

Flag lot. A parcel of land shaped like a flag where the staff is a narrow strip of land providing access to a street, with the bulk of the property lying to the rear of other parcels and containing no frontage.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

1. The overflow or rise of inland waters;
2. The rapid accumulation or runoff of surface waters from any source;
3. The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Superior; or
4. The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood frequency. The probability of a flood occurrence that is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

Flood Insurance Rate Map (FIRM). A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can be amended by the Federal Emergency Management Agency.

Flood fringe. That portion of the floodplain outside the floodway that is covered by flood waters during the regional flood and is generally associated with standing water rather than flowing water.

Flood hazard boundary map. A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study (FIS) and a Flood Insurance Rate Map (FIRM).

Floodplain. The land that has been or may be hereafter covered by the flood water during the regional flood. The floodplain includes the floodway and the floodfringe as those terms are defined in Chapter NR 116 of the Wisconsin Administrative Code.

Floodplain certificate of compliance. A certification that the construction and use of land or a building, the elevation of fill or the lowest floor of a structure, is in compliance with all the provisions of this Ordinance.

Flood profile. A graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Floodproofing. A combination of structural provisions, changes, or adjustments to properties and structures, water and sanitary facilities, and contents of buildings subject to flooding, primarily for the reduction or elimination of flood damages.

Flood protection elevation. An elevation of two (2) feet of freeboard above the water surface profile elevation designated for the regional flood.

Flood storage. Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

Floodway. The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the flood water or flood flows of any river or stream including but not limited to flood flows associated with the regional flood.

Floor area: gross (GFA). The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The "floor area" of a building shall include all habitable area in a building including, mechanical rooms, storage rooms, and restrooms.

Floor area: net. The sum of the gross horizontal areas of the several of floors of the building measured from the interior side of exterior walls, excluding stairwells, mechanical rooms, toilet rooms, and similar areas.

Food center. A distribution center for food to persons where prepared food is distributed for immediate consumption, or where on-premise consumption of the food occurs. A food center is not a “restaurant” as elsewhere defined. One characteristic of a food center is that food is distributed primarily for no charge or for less than fair market value, such as in an establishment frequently known as a “soup kitchen.”

Food store. A store intended for the sale of food and related items including, but not limited to, bakery goods, groceries and convenience foods, fruit and vegetable markets, candy or confections, dairy products, meats, health or organic foods and coffee or specialty drinks. Food stores, as defined, shall not involve containment or the slaughter of animals nor shall they include stores elsewhere defined.

Food store: local. A food store, as defined, providing retail food sales to a local or neighborhood population rather than a regional population, and is compatible with surrounding residential uses.

Footcandle. The illumination of a surface one foot distance from a source of light equivalent to one (1) candle.

Forb. A broad-leaved herb other than a grass.

Forestry. Establishments engaged primarily in the operation of timber tracts, tree farms, forest nurseries, and related activities.

Foster care: family home. A facility, licensed by the State of Wisconsin, a county agency, or a child welfare agency, where one (1) to not more than four (4) children reside and are provided with care and maintenance in the primary dwelling of a foster parent.

Fraternity/sorority. A building used as a group living quarters for members of a general or local chapter of a regularly organized college fraternity or sorority formed chiefly to promote friendship and welfare among members.

Frontage. All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

Frontage: abutting. The part of a parcel that abuts or fronts an improvement.

Frontage: long. The long dimension of a corner parcel regardless of the principal building orientation.

Frontage: short. The short dimension of a corner parcel regardless of the principal building orientation.

Funeral home. An establishment providing services involving the care, preparation, or disposition of deceased humans. This term includes, but is not limited to, a crematorium or a mortuary. This term does not include cemetery.

G

Garage. An accessory building or portion of a building in which vehicles, boats, trailers, and other implements are housed. An attached garage shall be defined as part of the principal building.

Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Gardening. Plantings on a parcel that are intended for the production of food for the primary occupants of the parcel. This term is intended to include a typical vegetable garden associated with a dwelling. This term does not include agriculture.

Garden supply or landscaping center. An establishment providing the retail sale of plants and the sale or rental of garden and landscape materials and equipment. This term includes outdoor storage of plants, materials, or equipment.

Government or community service use. A government or non-profit community service (civic) use that provides services to the community. Examples include a library, police station, fire station, teen center, community center, public museum or art gallery, post office, public garden, and similar uses. This term does not include a public works yard.

Group home for children. See Community living arrangement.

Graffiti. Graffiti shall mean any drawing, inscription, writing, figure or mark made upon a wall or other exposed surface, including but not limited to any house, garage, rock, bridge, fence, gate, tree, monument, motor vehicle, sidewalk, street, lamp post, street sign, underpass or retaining wall, whether publicly or privately owned, with paint, chalk, dye, ink, pencil, wax or other similar substance or by etching, scratching, cutting, burning or carving without the express consent of the owner of said wall or other exposed surface.

Grain elevator. A structure for elevating, storing, and discharging grain. This term includes related processing of grain.

Grass lawn. A lawn consisting primarily of Kentucky bluegrass, perennial rye grass, fescues, and/or other grasses generally associated with mowed and maintained grass lawns.

Green building and site design techniques. Techniques that significantly reduce or eliminate the negative impact of building and site development on the environment and on the building occupants. Green building and site design and construction practices address: sustainable site planning, safeguarding water and water efficiency, energy efficiency, conservation of materials and resources, and indoor environmental quality. All development in the City of Ashland is strongly encouraged to use green building and site design techniques.

Greenhouse: local. A temporary facility for the sale of plants and produce to a local or neighborhood population rather than a regional population and is compatible with surrounding residential uses.

Gross floor area (GFA). See Floor area: gross.

Growth: natural. Any object of natural growth, including trees, shrubs, or foliage, except farm crops that are cut at least once a year.

H

Habitable room. A room or enclosed floor space arranged for living, eating or sleeping purposes, not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways, and other accessory floor spaces.

Hard surface parking area. Hard surfaced parking areas shall be defined as having asphalt, concrete, paving brick, block, compacted gravel or limestone, or pervious pavers.

Hazardous waste. Any solid, liquid, or gaseous waste materials, usually a by-product of manufacturing, medical, scientific, or consumer use that, if improperly managed or disposed of, may pose substantial hazards to human health and the environment. A waste is considered hazardous if it exhibits one or more of the following characteristics: ignitability, corrosivity, reactivity, and toxicity.

Historic district. An area designated locally, or on the State or Nationally register, containing historic structures, improvements or sites.

Historic site. Any parcel of land of historic significance due to a substantial value in tracing the history or prehistory of humans, or upon which a historic event has occurred.

Historic structure. Any improvement that has a special character or specific historic interest or value as part of the development, heritage, or cultural characteristics of Ashland, state, or nation.

Hive. A structure intended for the housing of bees.

Holiday lighting. Temporary, low wattage lighting commonly identified as a string or rope of individual lamps, installed in connection with holiday or religious observances and removed thereafter.

Home improvement center. An establishment providing the sale or rental of building supplies, construction equipment, or home decorating fixtures and accessories. This term includes a lumber yard or a contractor’s building supply business, and may include outdoor storage or tool and equipment sales or rental. This term does not include an establishment devoted exclusively to the retail sale of paint, wallpaper, or hardware, or activities classified under vehicle/equipment sales and services, including vehicle towing services.

Home occupation. Any occupation for financial gain or support conducted only by members of the immediate family residing on the property, provided that the specified use is incidental to the residential use.

Homeowners association. A community association incorporated or not incorporated, combining individual home ownership with the shared use or ownership of common property or facilities.

Hospital. A state-licensed institution providing primary health services and medical, psychiatric, or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions, and as an integral part of the institution, related accessory uses or facilities, including, but not limited to, laboratories, central service facilities for inpatient or outpatient treatment, as well as training, research and administrative services for patients and employees. Also included are health services and care, which are shared with other hospitals or other health care providers.

Household goods. Products used in the home that are necessary for, or supplemental to, normal household activities, including small appliances, but excluding furniture and major appliances.

Household maintenance and repair. An establishment providing the repair or servicing of household goods, furniture, appliances, or lawn and garden equipment.

I

Illumination level. The intensity of light measured in foot candles from a point facing the light source.

Impervious coverage or impervious surface. An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Roofs, sidewalks, driveways, concrete slabs, patios, parking lots, and streets are examples of areas that are typically impervious. Pervious pavers and pervious pavement are not considered impervious.

Implements. A device used in the performance of a task.

Improvement. Any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs, and the like.

Improvement parcel. The unit of property that includes a physical betterment constituting an improvement and land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes. Provided, however, that the term “improvement parcel” shall also include any unimproved area of land that is treated as a single entity for such tax purposes.

Incinerator. A device for burning permitted substances in which the combustion factors: temperature, retention time, turbulence and combustion air, may be controlled.

Industrial park. A planned, coordinated development of a tract of land with two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, and orientation.

Industry: green. An industry/business that balances environmental, social and economic interests in its operation.

Industry: heavy. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted raw materials or a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage of manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industry: light. A use engaged in the manufacture, predominantly from previously prepared materials, or finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but exclusively basic industrial processing. This term also includes a facility that is engaged primarily in mass printing and publishing of printed materials, such as newspapers, magazines, books, greeting cards, and similar materials for the wholesale market or direct distribution. This term does not include a commercial photo copy or printing shop.

Infestation. The presence of insects, rodents, vermin or other pests within or contiguous to a structure or property.

Infill development. An undeveloped area of land located within an existing development.

Infiltration. The entry of precipitation or runoff into or through the soil.

Infiltration system. A device or practice such as a basin, trench, rain garden, or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of roof downspouts onto lawns, or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

Informational meeting. An informal meeting of the Plan Commission, Common Council, or other elected or appointed bodies to obtain comments from the public, or other agencies on certain matters, that do not require a public hearing, prior to a decision regarding a proposed project. The proceedings may be recorded and a report or recommendation may be included in the project file.

Institution. A nonprofit organization of a public character, or a building occupied by such organization.

Invasive Species. Section 23.22(1)(c), of the Wisconsin State Statutes states that “invasive species” means nonindigenous species that cause or are likely to cause economic or environmental harm or harm to human health.

J

Junkyard. See Salvage operation, outdoor.

K

Karst feature. An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may included caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps, or swallets.

Kennel, commercial. See Animal boarding facility.

L

Land. Soil, the ground surface itself, a subdivision, a tract or parcel, a lot or an open space, together with any structures or improvements on it, extending above and below the surface.

Land disturbing construction activity. Any human made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative cover, that may result in runoff and lead in an increase in soil erosion and movement of sediment into the waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling, and grading activities.

Landmark. Any identified improvement that has a special character, special historic interest, or cultural value as part of the heritage of the City.

Landmark site. Any parcel of historic significance having value in tracing the history of aboriginal man or upon which a historical event has occurred. A landmark site includes the parcel upon which a landmark has been built.

Landfill: construction debris. A landfill for the exclusive use of construction debris, including but not limited to concrete, masonry, and lumber.

Land filling and/or excavation. The action or process of filling, cutting, digging, scooping, or otherwise altering the existing land.

Land filling: temporary. Temporary placement and use of land filling material, including sand, soil, gravel, rock or other similar material, typically on a separate parcel from the development.

Landscaping. Plantings intended to enhance the aesthetic and/or environmental qualities of a parcel.

Laundromat. An establishment providing washing, drying, or dry cleaning machines on the property for rental use by the general public for laundering or dry cleaning purposes.

Leadership in Energy and Environmental Design (LEED). LEED provides a green building rating system that is a voluntary, consensus-based national rating system for developing high-performance, sustainable buildings. LEED addresses all building types and emphasizes state-of-the-art strategies in five areas: sustainable site development, water savings, energy efficiency, materials and resources selection, and indoor environmental quality.

Light trespass. Stray light or spill light flowing across the property boundary.

Loading space. A dust-free and durable, hard surfaced area of adequate size for delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, which shall be located totally outside of any street or alley right-of-way.

Lodging establishment: short stay. Any temporary residential use of a room or suite of rooms in a building or group of buildings by an individual or a group not to exceed thirty (30) days in a calendar year. Hotels, motels, resorts, and other lodging facilities are included in this definition.

Lodging establishment: extended stay. A lodging establishment in which at least seventy (70) percent of the accommodations are regularly used or available for occupancy of continuous periods of thirty (30) days or more by persons who use the lodging establishment as their primary residence.

Long-term housing. Housing designed to accommodate individuals or families for greater than six (6) months and support services for the purpose of facilitating the movement of the residents to independent living. Housing is typically provided a little or no cost and food/meals may or may not be provided.

Lumber yard. See Home improvement center.

M

Machinery. Machines in general or as a functioning unit; a mechanically, electrically, or electronically operated device for performing a task.

Maintenance agreement. A legal document that provides long term maintenance of storm water management practices.

Major street. A highway, road, or street designated on the official Master Street Plan of the City.

Manufactured (or modular) home. A structure, constructed after June 15, 1976, pursuant to the United States Department of Housing and Urban Development, transportable in one or more sections, which, in traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a permanent single-family dwelling, is installed pursuant to the manufacturer’s instructions, is properly connected to all applicable utilities, and is set on an enclosed foundation pursuant to Section 70.043(1) of the Wisconsin Statutes and Wisconsin Administrative Code COM 21.

Manufactured home community. Any plot or plots of ground upon which three (3) or more manufactured homes that are occupied for dwelling or sleeping purposes are located. This term does include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother, or sister of the farm owner or operator, or where the occupants of the manufactured homes work on the farm.

Manufactured home dealer, sales and display. Establishment engaged in the sale and service of manufactured and mobile homes, which may be displayed on the dealer lot for purpose of sale.

Manufacturing. Establishments engaged in the mechanical or chemical transformation of material or substances into new products.

Manufacturing: heavy. See Industry: heavy.

Manufacturing: light. See Industry: light.

Marina. A facility providing mooring of recreational boats in water, or piers, anchorage areas, launching facilities, boat storage areas, or boat sales and service. This term does not include a ship terminal or passenger terminal.

Mausoleum. A building for entombment of the dead above ground. Also see Cemetery.

Maximum extent practical. A level of implementing best management practices to achieve a performance standard specified in this Ordinance, which takes into account the best available technology, cost effectiveness, and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties, and geographic features. Maximum extent practical allows flexibility in the way to meet the performance standards and may vary based on the performance standard and site conditions.

Meteorological tower. A tower used for the measurement of wind speed.

Mining. The process of digging, quarrying, excavating, processing, storing, separating, cleaning, and/or transporting natural resources such as sand, gravel, and earth. For the purpose of this Ordinance, mining shall not include the excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other material for the following purposes:

1. Excavation for the foundation, cellar, or basement of pending construction for which a permit has been issued and which is to be erected immediately following the excavation, removal, or storage.
2. On-site construction of approved roads, sewer lines, storm sewers, water mains, surface water drainage, agriculture or conservation purposes, sod removal, or other public utilities.
3. Landscaping purposes on a parcel used or to be used as a building site.
4. Grading/excavation of less than one acre of land in conjunction with improvement of a site for development, providing activities will be completed in one year.
5. The removal of excess materials in accordance with approved plats or highway construction.

Mini warehouse. See Warehouse: self-storage.

Mobile home. A vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid, uncollapsible construction, which has an overall length in excess of forty five (45) feet. This term includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer’s warranty.

Model home. A model home is a dwelling manufactured, prefabricated, or otherwise erected or installed upon a parcel for purposes of temporarily exhibiting the same as a sample, rather than for occupancy as a residence.

Modular home. See Manufactured (or modular) home.

Monastery. See Convent.

Mural. A large scaled painting or artwork applied to and made integral with the surface of an exterior or interior wall or other large permanent surface, which depicts a scene or event of natural, social, cultural, or historical significance.

N

NAICS Group. The statistical classification standards for businesses and industries that appear in the North American Industry Classification System Manual, published by the U.S. Office of Management and Budget.

Natural landscape. Any land managed to preserve or restore primarily native Wisconsin grasses, forbs, wildflowers, shrubs, trees, and aquatic plants.

Nonconforming parcel. A parcel that does not comply with the minimum parcel area or width requirements of the district in which it is located.

Nonconforming structure. A structure that does not comply with the bulk, yard, setback, or height regulations of the district in which it is located.

Nonconforming use of land. Any use of a parcel that does not conform to the applicable use regulations of the district in which it is located.

Nonconforming use of a structure. A use of a structure that does not conform to the applicable use regulations of the district in which it is located.

Nonprofit conservation organization. Any charitable corporation, charitable association, or charitable trust (such as a land trust), the purposes or powers of which include retaining or protecting the natural, scenic, or open space values of real property, assuring the availability of real property foe agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

North American Industry Classification System. See NAICS Group.

Nuisance. A use of property or course of conduct, that interferes with the legal rights of others by causing damage, annoyance, or inconvenience.

Nursing home. A facility where five (5) or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to twenty-four (24) hour nursing services, including limited nursing care, intermediate level nursing care, and skilled nursing services, as defined in Section 50.01 of the Wisconsin Statutes.

O

Occupant. Any person living, sleeping, occupying, or having possession of a space, in a building, structure, or on a parcel of land.

Occupancy. The purpose for which all or a portion of land, a building, or a structure is used or intended to be used.

Office. Use of a building for government, business, professional, or administrative office. A general office is characterized by a relatively low proportion of vehicle trips attributable to visitors or clients in relationship to employees. Examples include, but are not limited to, offices of firms or organizations providing professional services, such as accounting, insurance, architectural, and legal. This term does not include a bank or other financial institution or the office of a physician, dentist, optometrist, chiropractor, and similar professions.

Off-premise sign. See Sign: off-premise.

Off-street parking. The parking of vehicles on a parcel, as opposed to a street right-of-way.

On-street parking. The parking of vehicles on a street right-of-way, as opposed to a parcel.

Open space, private or public. Private or public land or water, or a combination of land and water, that is free of development, including agriculture uses. This term includes wildlife areas and conservation areas, but it does not include public parks or commercial outdoor recreation facilities.

Open space: common. An area of land or water, or a combination of land and water within the site designated for a Planned Unit Development, and designed and intended for the use or enjoyment of residents.

Open space: public. An area of land or water or both on the Comprehensive Plan or Official Map designated as park, beautification, or land to be kept free of development.

Operator. Any person who has charge, care, or control of a structure or property, which is let or offered for occupancy.

Ordinary high water mark (O.H.W.M.). The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

Outdoor mechanical and electrical equipment. Equipment used onsite for the regular operation of a building or use. This term includes air conditioning units, power vents, and similar equipment. This term does not include an outdoor wood-fired furnace, solar equipment, or a wind energy system.

Outdoor merchandise sales or storage. Retail sales or storage of merchandise listed in the definition of retail establishment, primarily outside an enclosed structure, for more than ninety (90) days in any calendar year.

Outdoor wood-fired furnace. Any furnace, stove, or boiler designed to burn wood, where the furnace is not located within a building intended for human or domestic animal habitation.

Outstanding resource waters. National or state wild and scenic rivers. Chapter NR 102.10 of the Wisconsin Administrative Code provides a list of outstanding resource waters.

Owner. The owner or owners of the freehold estate of the property or lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, a receiver, a personal representative, a trustee.

P

Parcel. A parcel of land means any contiguous quantity of land capable of being described with such definiteness that its location and boundaries may be established, that is designated by its owner or developer as land to be used or developed as a unit, or that has been used or developed as a unit. Parcel includes an easement supporting or related to a primary parcel, and a condominium unit. Only one such designation by the owner shall be allowed under this Ordinance.

Parcel: corner. A parcel abutting upon two or more public rights-of-ways at their intersection or upon two (2) parts of the same right-of-way, such that the rights-of-way or parts of the same right-of-way form an interior angle of less than one hundred thirty five (135) degrees. The point of intersection of the street lines is the "corner."

Parcel: depth. The mean horizontal distance between the front and the rear parcel lines.

Parcel: double frontage. See Parcel: through.

Parcel: interior. A parcel other than a corner parcel.

Parcel: irregular. A parcel within a subdivision abutting a cul-de-sac or curbed street approximately equal in area to the other parcels within the subdivision; however, having unusually short abutting frontage in comparison to the other parcels.

Parcel line: front. The line separating the parcel from the street right-of-way.

Parcel line: rear. The parcel line opposite and most distant from the front parcel line.

Parcel line: side. Any parcel line other than a front or rear parcel line. A side parcel line separating a parcel from a street right-of-way is called a side street parcel line. A side parcel line separating a parcel from another parcel or parcels is called an interior side parcel line.

Parcel: parent. The existing parcel of record, as identified by individual tax parcel numbers, as of the effective date of this Ordinance.

Parcel of record. A parcel that is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Ashland County.

Parcel: remote. Parcels without abutting frontage that receive benefit from the improvement.

Parcel: through. A parcel having frontage on two parallel or approximately parallel streets. Also referred to as a double frontage parcel.

Parcel width. The mean width of the parcel measured at right angles to its depth.

Park. Public or private land, including accessory structures, used primarily for outdoor recreation or for the enjoyment of open space. This term does not include a private campground, community center, museum, commercial outdoor recreation facility, commercial indoor recreation facility, or similar use.

Parking lot (or area). An area specifically designed and intended for the parking of vehicles.

Parking lot (or area): interior. All areas within the perimeter of a parking lot (or area), including planting islands, curbed areas, corner lots, parking spaces and all interior driveways and aisles except those with no parking spaces located on either side.

Parking space (or stall). A durable, hard surfaced area adequate for parking a motor vehicle with room for opening doors on both sides, together with a clear, properly related access to a public street or alley, and maneuvering room that shall be located totally outside of any street or alley right-of-way.

Passenger terminal. A facility for passenger transportation operations including, but not limited to, a passenger rail station, bus terminal, airport terminal, or passenger ship terminal.

Patio. A level surfaced area adjacent to a principal building which is constructed on finished grade, without walls or a roof. May be constructed of brick, concrete, stone, or other impervious materials.

Pay day loan establishment. An establishment providing loans to individuals in exchange for personal checks as collateral.

Pawn shop. A retail business where a lender pays money for a fee and holds some of the borrower’s personal goods for collateral to be sold to the public in the event of default.

Performance standard. A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

Permit. A written authorization made by the approval authority to the applicant to conduct an activity for which a permit is required.

Person. An individual, firm, corporation, association, partnership or other group acting as a unit.

Personal care services or drop-in center. A facility that provides a daytime communal atmosphere open to the public, or by membership, for the provision of services to persons in need of assistance due to age, physical or mental disability, illness or injury including but not limited to supervision of self-administered medication, aid in personal hygiene, eating and drinking, or recreation. Services may or may not be provided by licensed or certified professionals, shall not include any over-night stays nor contain overnight sleeping facilities.

Personal service. An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, the following:

1. Barber shop;
2. Beauty salon;
3. Shoe repair shop;
4. Seamstress or tailor;
5. Tanning salon;
6. Massage establishment; or
7. Body piercing or tattoo establishment.

This term does not include the following:

1. Portrait studio;
2. Dry cleaning and/or laundry establishment, drop-off and pick-up only;
3. Laundromat;
4. Photocopy center;
5. Health club; or
6. Repair shop for household items.

Personal storage building as a principal use. A principal building (as opposed to an accessory building) used primarily for the storage of goods and materials by the property owner.

Personal wireless service. Licensed commercial wireless communication service, including cellular, personal communication services (PCS), enhanced specialized mobilized radio (EMR), paging, and similar services.

Pervious surface. An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests, or other similar vegetated areas are examples of surfaces that typically are pervious.

Place of worship. See Religious institution.

Play equipment. Equipment, including swing sets, play structures, and similar equipment, intended primarily for the recreational use of children.

Plat: final. The final map or drawing on which the subdivider’s plan of subdivision is presented for final approval and which, if approved, shall be submitted to the Ashland County Register of Deeds.

Plat: preliminary. A drawing showing the salient features of a proposed subdivision prepared in the manner and containing the data, documents, and information required by this Ordinance and submitted to the applicable review and approval authorities for preliminary consideration.

Plumbing or plumbing fixtures. Water heating facilities, water pipes, gas pipes, garbage and disposal units, waste lavatories, bathtubs, shower baths, installed clothes washing machines or other similar equipment, catch basins, drains, vents or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines.

Pollutant. As it relates to storm water and erosion control, any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sludge, munitions, chemical wastes, biological materials, radioactive substances, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural wastes discharged into water.

Pollution. As it relates to storm water and erosion control, human made or human induced alteration of the chemical, physical, and biological, or radiological integrity of water.

Porch. A covered projection, with or without walls, extending from the main wall of a building, usually with a separate roof, providing a covered entrance and not intended for use as a livable space.

Post-construction site. A construction site following the completion of land disturbing construction activity and final site stabilization.

Power generation plant. A facility that converts one (1) or more energy sources, including, but not limited to a coal or wood burning plant or an ethanol plant.

Pre-development condition. The extent and distribution of land cover types present before the initiation of land disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

Printing and publishing. A facility that is engaged primarily in mass printing and publishing of printed materials, such as newspapers, magazines, books, greeting cards, and similar materials for the wholesale market or direct distribution. This term does not include a commercial photocopy or printing shop.

Private Road. A road providing access from a public right-of-way to three (3) or more properties.

Property. A lot, plot, or parcel of land including the buildings or structures thereon.

Protective area. An area of land that commences at the Ordinary High Water Mark of lakes, streams, and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the O.H.W.M. or delineated wetland boundary to the closest impervious surface. This term does not include any area of land adjacent to any stream enclosed within a pipe or culvert, such that runoff cannot enter the enclosure at this location.

Public art. Any visual works of art including but not limited to, murals, sculptures, monuments, fountains, paintings, frescoes, stained glass or ceramics, which are located on public or private property and open to the view of the public at no charge. Public art does not include that which contains characteristics of an advertising sign, or identify or draw attention to an existing business, profession, or industry. Any private visual works of art (not open to the view of the public) shall be defined and regulated as accessory structures.

Public park. Land owned or leased by a government entity for the purpose of providing public recreation and/or open space.

Public way. All or any part of a road, street, slip, pier, lane, or paved alley.

Public works yard. Municipal, county, state, and federal administrative buildings; warehouses; garages; storage yards; and shops that are owned and operated by a governmental unit.

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Railroads. Railroad rights-of-way but not including terminals, transfer and storage tracks not accessory structures except those incidental to minor communications and switching equipment.

Rain barrel. A barrel used as a cistern, an artificial reservoir, to hold rainwater.

Raze (a structure). To demolish and remove a structure and to restore the site to a dust-free and erosion free condition.

Recreation facility, commercial indoor. A commercial facility primarily used for the indoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, skating rink, billiard hall, video game center, archery or shooting range, basketball court, indoor soccer, fitness center, and similar uses.

Recreation facility, commercial outdoor. A commercial facility primarily for the outdoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. Such a facility may include one or more related buildings and structures. This term includes, but is not limited to a golf facility, tennis, basketball, volleyball, soccer, baseball, amusement or water park. This term does not include a campground or outdoor shooting range.

Recreational vehicle. All types of recreation vehicles or devices normally used by adults, including but not limited to such items as travel homes, camper trailers, pick-up camper attachments, all-terrain vehicles, snowmobiles, boats, flotation devices, motor bikes, and including go-carts and stock cars.

Rectory. See Convent.

Recycling facility. A facility for the deposit, sorting, or batching, but not processing, of post-consumer recyclable materials. This term includes, but is not limited to, a residential self-help, drop-off facility or a transfer station that receives residential rubbish.

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 water body because of like physical characteristics once in every one hundred (100) years.

Regulation. An authoritative rule dealing with details or procedure.

Rehabilitation center/transitional living facility. A facility in which persons live while receiving therapy and counseling for any of the following purposes: to assist them to recuperate from the effects of drugs or alcohol; to assist them to adjust to living with the handicaps of emotional or mental disorder, or mental retardation; to assist them to adjust to living with the handicaps of physical disability; to assist them to be housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, pre-release, work-release, and probationary programs.

Religious institution. A facility where people regularly assemble for religious worship and any incidental religious education, which is maintained and controlled by a religious body organized to sustain public worship. This term does not include an elementary or secondary school, a specialty or personal instruction school, or a college. This term is also known as a place of worship.

Rent-to-own establishment. An establishment that allows, between a consumer and a seller, renting of furniture, appliances and other goods with the intention of future ownership of such goods.

Repair shops. Establishments engaged in miscellaneous repair of household items and smaller business equipment for the general public and business.

Research and development. At an establishment that conducts research, development, or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale, or laboratories conducting educational or medical research or testing. This term includes, but is not limited to, a biotechnology firm or a manufacturer of nontoxic computer components.

Residential care center for children and youth. See Community living arrangement.

Responsible person or party. The owner, operator, manager, occupant, or tenant of any structure or property.

Restaurant: drive-in. A retail outlet where food or beverages are sold to a substantial extent for consumption in parked motor vehicles.

Restaurant: fast food or carry-out. A restaurant, other than a sit-down restaurant, where the establishment offers quick food, which is accomplished through a limited menu of items already prepared and held for service, or prepared quickly. Orders are generally not taken at a customer’s table and food is generally served in disposable wrapping and containers. Food and beverages may be taken off the property for consumption. This term does not automatically include nor preclude the use of a drive-through window. Refer to the district provisions for information on drive-through windows.

Restaurant: sit down. A restaurant where food and beverage orders are generally taken at tables and food and beverages are consumed at tables located on the property, where taking food or beverages from the property is purely incidental, where food or beverages are normally served using non-disposable containers and utensils, and where the consumption of food or beverages in vehicles on the property in which the building is located does not regularly occur. This term does not automatically include nor preclude the use of a drive-through window. Refer to the district provisions for information on drive-through windows. This term does not include a tavern.

Retail. Sale to the ultimate customer for direct consumption and not for resale.

Retail establishment, convenience. Any retail establishment serving primarily the surrounding neighborhood and offering for sale prepackaged food products, household items, and other goods commonly associated with the same. Convenience stores do not include the sale of gasoline. This term does not automatically include nor preclude the use of a drive-through window. Refer to the district provisions for information on drive-through windows.

Retail establishment: general. An establishment providing retail sale of new products to the public and rendering services incidental to the sale of such products. This term does not automatically include nor preclude the use of a drive-through window. Refer to the district provisions for information on drive-through windows. Retail establishments include, but are not limited to, the following:

1. General merchandiser;
2. Hardware store;
3. Paint, glass, and wallpaper store;
4. Food stores and local food stores;
5. Apparel stores;
6. Home furnishing and equipment store;
7. Eating and drinking places;
8. Used merchandise store;
9. Miscellaneous retail;

This term does not include the following:

1. Adult retail establishment or adult entertainment establishment;
2. Lumber yard, building supply, or home improvement center;
3. Garden center or landscaping center;
4. Manufactured home dealers;
5. Automotive dealers and service stations; or
6. Pawn shop.

Right-of-way. An area of land over which people and goods have the right to pass or travel. A public right-of-way grants passage to all and provides the right to park registered vehicles in accordance with local parking restrictions.

Rubbish. Combustible and noncombustible waste materials, including but not limited to, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials. For the purpose of this ordinance, rubbish shall also include all other household waste not defined as garbage.

Runoff. Storm water or precipitation, including rain, snow or ice melt, or similar water that moves on the land surface via sheet or channelized flow.

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Salvage operation: indoor. An area where waste or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, used lumber, and bottles in an entirely enclosed building. An indoor salvage operation may include used auto parts sales and installation of used auto parts from an auto wrecking yard. It excludes establishments for the sale or purchase of used operable automobiles and the processing of used, discarded, or salvaged materials as part of those manufacturing operations that conform to this Ordinance.

Salvage operation: outdoor. An open area where waste or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, used lumber, and bottles. An outdoor salvage operation includes used implement storage yards, automobile wrecking yards and, only where operated on the same parcel as said auto wrecking yard, an outdoor salvage operation may also include the following associated uses: used auto parts sales and installation of used auto parts from said auto wrecking yard. An outdoor salvage operation includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk but excludes uses established entirely within enclosed buildings in nonresidential districts. It also excludes establishments for the sale or purchase of used operable automobiles and the processing of used, discarded, or salvaged materials as part of those manufacturing operations that conform to this Ordinance.

Sanitary station. A facility used for removing and disposing of wastes from a recreational vehicle holding tank.

School: primary or secondary. A public, parochial, or private school that provides an educational program for one or more grades between kindergarten and grade twelve (12), inclusive, and which is commonly known as an elementary school, grade school, middle school, junior high school, or senior high school.

School: specialty or personal instruction. A business, professional, or other specialty school. This term includes, but is not limited to, a school offering instruction in music, art, dance, martial arts, computer use or programming, and cosmetology.

Sculpture. A three (3) dimensional (3-D) object fashioned, shaped and formed by hand or machine into a work of art, generally for the purpose of decoration or artistic expression.

Seasonal market. A temporary facility used to conduct retail trade, including seasonal markets, farmer’s markets, fish markets, produce stands, and horticultural nurseries.

Seasonal or temporary commercial sales/rentals. The sale or rental of seasonal or temporary items such as rentals for activities like skating and bicycling, and seasonal refreshment stands.

Sediment. Solid material, capable of settling, that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

Senior housing. Multi-family dwellings designed and intended to be used for persons who are fifty-five (55) or older, plus the spouse of such persons. This term does not include community-based residential facilities.

Separate storm sewer. A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains, which meet all of the following criteria:

1. Is designed or used for collection water or conveying runoff;
2. Is not part of a combined sewer system;
3. Is not draining to a storm water treatment device or system; and
4. Discharges directly or indirectly into waters of the state.

Service building. In the context of a manufactured home community, mobile home park, or recreational vehicle campground, a service building means a structure housing toilet, lavatory, and such facilities as required by Wisconsin Department of Health Services.

Services: business. Establishments engaged primarily in rendering services to business establishments such as advertising agencies, mailing services, employment agencies, and computer software companies.

Services: personal. Establishments engaged in providing services primarily to individuals and households, such as laundry, dry cleaning, copy shops, beauty shops.

Services: professional. Establishments engaged in providing the general public and businesses with professional services in an office setting. Including:

1. Security and Commodity Brokers;
2. Insurance Agents and Brokers;
3. Real Estate Services;
4. Holding and Other Investment Offices;
5. Professional Health Services;
6. Legal Services;
7. Engineering, Accounting, Research, Management, and related services;
8. Educational Services.

Services: social. Establishments engaged in providing social services. Including but not limited to:

1. Child day care services;
2. Food center;
3. Individual and Family Social Services;
4. Job Training;
5. Long-term housing;
6. Personal care services;
7. Residential care services;
8. Short-term/emergency housing or shelter facilities;
9. Supply pantry;
10. Vocational Rehabilitation.

Setback. The minimum distance a building or structure must be separated from a street or alley right-of-way or parcel line.

Shelter. See Short-term/emergency housing or shelter facility.

Shelter care facility. An unsecure place of temporary care and physical custody for children, including a holdover room, licensed by the State of Wisconsin under Section 48.66 of the Wisconsin Statutes.

Shielded or cutoff light fixture. An exterior lighting fixture that uses a flat, clear lens with no refractorizing element and that operates in a horizontal position with non-adjustable mounting hardware or brackets. Such a fixture distributes light by means of an internal reflector only. The light source is totally concealed by the fixture housing when the position of observation is at angle of less than fifteen (15) degrees from horizontal. No light is permitted at an angle of more than four (4) degrees above horizontal.

Ship terminal. See Terminal: ship.

Shopping center. A preplanned group of retail stores with common use areas for access, pedestrian, auto and service circulation, common parking, and landscaping.

Shorelands. Lands within the following distances from the ordinary high water mark of navigable waters: one thousand (1,000) feet from a lake, pond, or flowage; three hundred (300) feet from a navigable river or stream, or to the landward side of the floodplain, whichever distance is greater.

Short-term/emergency housing or shelter facility. A facility that is designed to provide housing to individuals or families for less than six (6) months and support services for the purposed of facilitating the movement of the residents to independent living or transitional housing. Housing is typically provided at little or no cost, may or may not provide food/meals, and shower/bathroom facilities may or may not be shared.

Sign. Any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or non-illuminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs shall also include all sign structures.

Sign: abandoned. A sign that for more than sixty (60) days has no longer correctly advertised a public service message, bona fide business, lessor, owner, product, or activity conducted or a product available on the property where the sign is displayed or elsewhere.

Sign: animated. A sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means. Animated signs include the following types:

1. Naturally energized. Signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wind.
2. Mechanically energized. Signs manifesting a repetitious pre-programmed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives. Signs with physically moving components visible from the public right-of-way are not permitted except for those which revolve around a vertical axis at speeds less than seven (7) revolutions per minute.
3. Electrically energized. Illuminated signs whose motion or visual impression of motion is activated primarily by electrical means. Electrically energized signs include (but are not limited to) changeable message signs, electronic message signs, and other signs that are animated by means of flashing, scintillating, blinking, or traveling lights.

Sign: area identification. A sign using a single label and/or logo to identify a group of structures or a single structure, such as a residential subdivision, apartment complex, industrial park or shopping center, consisting of a freestanding sign, fence, wall or archway with letters or symbols affixed thereto.

Sign: area of. The area of the largest single face of the sign within a perimeter that forms the outside shape, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled. Any irregular shaped sign area shall be computed using the actual sign face surface. In the case of wall signs, the area of copy will be used.

Sign: awning. A sign painted on, or attached flat against the surface of an awning.

Sign: banner. A sign made of fabric or any non rigid material with no enclosing framework.

Sign: billboard. A sign that is designed for changeable copy, so the characters, letters, or illustrations can be changed or rearranged within a fixed sign face which advertises a business, organization, event, person, place or thing not located on the same premise (or property) as the billboard.

Sign: business identification. Any sign that promotes only the name and type of business on the property where the business is located.

Sign: canopy. Any sign attached to or constructed in, on, or under a canopy or marquee.

Sign: changeable message. A sign, or part of a sign, such as a manual, electronic or electric controlled time and temperature sign, message center or reader board, whether electronic, electric, or manual, where copy changes.

Sign: construction. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.

Sign: copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

Sign: double-faced. A sign with copy on two (2) faces that is back to back, v-shaped, stacked, or side by side.

Sign: electric. Any sign containing internal electrical wiring that is attached or intended to be attached to an electrical energy source.

Sign: electronic message. A changeable message sign whose message is electrically activated, such as with light bulbs or mechanical flip discs.

Sign: freestanding. A sign supported permanently upon the ground and not attached to any building.

Sign: illuminated. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Sign: incidental. A small sign, emblem, or decal informing the public of goods, facilities, or services available on the property; for example, a credit card sign, or a sign indicating hours of business.

Sign: informational. An on-premise sign containing no other message, copy, or advertisement other than providing instruction, direction, or assistance to pedestrians or vehicles. Such signs include parking only and no parking, loading and unloading, self-service, restrooms, telephone, entrances and exits, walkways, or directional arrows and symbols.

Sign: joint. A freestanding sign as defined in this ordinance which uses multiple subunits to identify two (2) or more persons, businesses, or organizations operating on one parcel or contiguous parcels (e.g. shopping center, office complex, etc.). Such sign may include the logo and/or name of persons or businesses included but shall carry no other advertising matter.

Sign: low profile. A sign mounted directly to the ground with a maximum height not to exceed six (6) feet.

Sign: maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Sign: menu board. A drive-up sign that lists items in conjunction with a business serving customers in a car.

Sign: monument. A freestanding sign mounted on a continuous, solid, opaque structural base, which base length is at least sixty (60) percent the length of the sign face and which base depth is not narrower than the structure containing the sign face or twelve (12) inches, whichever is greater.

Sign: neon. A sign where chemically inert gas such as neon is used to illuminate bent glass tubes when electrified.

Sign: nonconforming. A sign that does not meet the provisions of this Ordinance.

Sign: off-premise. A billboard, poster panel, painted bulletin board, or other communicative device that is used to advertise products, goods, services, ideas, or noncommercial speech that is not exclusively related to the parcel or the owner of the parcel on which the sign is located.

Sign: on-premise. Any sign identifying or advertising a business, person, activity, goods, products, or services located on the parcel where the sign is installed and maintained.

Sign: pole (enclosed). A freestanding sign, that is not a low profile sign, supported on the ground by metal or concrete poles, braces, or other supports, unless the support system is enclosed in a decorative material such that the support enclosure has a width that is at least equal to one-half (1/2) the length of the sign face.

Sign: portable. Any sign not permanently attached to the ground or a building and designed to be moved easily.

Sign: projecting. A sign, normally double-faced, which is attached to and projects from a structure of building fascia.

Sign: real estate. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Sign: roof. A sign erected upon, against, or above a roof.

Sign: sandwich. A hinged or unhinged A-frame portable sign that is generally temporary in nature and placed near a roadway.

Sign: sidewalk. A non-illuminated sign, not permanently affixed to the ground or a building, and is designed to be displayed during the daytime hours for business identification and to advertise the onsite sale of products and services. Sidewalk signs may be of an A-frame design (for example, a sandwich sign) or of another portable sign type that is displayed on the sidewalk or near the business’s entrance and complies with the provisions of this Ordinance relating to sidewalk signs.

Sign: swinging. A sign installed on an arm, mast, or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.

Sign: temporary, off-site. A sign that is installed for a limited time that is used to advertise products, goods, services, ideas, or noncommercial speech that is not exclusively related to the property or the owner of the property on which the sign is located.

Sign: temporary, on-site. A sign installed on the property for a limited time in accordance with the provisions of this Ordinance. For the purpose of this Ordinance, a temporary sign shall not refer to a real estate sign, a political sign, or a sidewalk sign.

Sign: wall. A sign attached to a wall or building, with the face in parallel plane to the plane of the building or wall.

Sign: window. A sign installed on a window for purposes of viewing from outside a building.

Sign contractor. Any person, partnership, or corporation engaged in whole or in part of the erection or maintenance of signs, excluding the business that the sign advertises.

Sign determination: joint. An action by the Plan Commission to provide for the combination of multiple freestanding signs into one multi-part sign structure. Under a Joint Sign Determination, existing and future freestanding signage on said parcels shall be subject to the terms of the Determination.

Sign structure. Any device or material which supports, has supported, or is capable of supporting a sign in a stationary position, including decorative covers.

Sign subunit: joint. That portion of a larger Joint Sign structure dedicated to an individual business or parcel.

Site. The entire area including the legal description of the land on which the activity is proposed or being conducted.

Slope. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (Example: 3:1 slope is 3 feet horizontal and 1 foot vertical.)

Sorority. See Fraternity/sorority.

Sport court. An outdoor play surface intended for use in sports. This term includes outdoor tennis courts, basketball courts, volleyball courts, and similar uses.

Standard Industrial Classifications (SIC). The SIC Group is no longer in use. See NAICS Group.

Standard: performance. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land use.

Standard. Something set up and established by authority as a rule for the measure of quantity, weight, extent, value, or quality.

State. The State of Wisconsin.

Stop work order. An order issued by the Building Inspector or their Designated Authorized Agent that requires all construction activity on the site be stopped.

Storage canopy. A shelter for outdoor storage having a frame made of metal, plastic or combination thereof, having fabric or plastic roof and walls, and not attached to any structure, building, fence or anything permanently located on the ground.

Storm water management plan. A comprehensive plan designed to reduce the discharge of pollutants from storm water after the site has undergone final stabilization following completion of the construction activity.

Storm water management system plan. A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

Stories above grade. That portion of a building included between the surface of any floor and the surface of the floor directly above it, or if there is no floor above, then space between the surface of such floor and the ceiling or roof above it. A basement shall only be considered a story above grade if the finished surface of the floor above the basement is: 1) more than six (6) feet above grade plane; 2) more than six (6) feet above the finished grade level for more than fifty (50) percent of the building perimeter; or 3) more than twelve (12) feet above the finished ground level at any point.

Street. A public right-of-way, approved and accepted by public authority, that provides a primary means of public access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.

Street: arterial. A major carrier of traffic within the City.

Street: collector. A street that serves as a connection between an arterial street and local, residential, or minor streets. The term may include the principal entrance into a residential development and streets for major circulation within such development.

Street: deteriorated existing bituminous or concrete surfaced. Street opened to travel prior to January 1, 1985, where the surface has deteriorated to a stage requiring new construction.

Street: existing. Street or highway open to travel prior to January 1, 1985.

Street: marginal access. A street or service road parallel to and adjacent to an arterial street that provides access from the arterial street to abutting properties.

Street: new. Street or highway not open to travel prior to January 1, 1985.

Street: private. A purported street, way, or strip of land reserved for the use of a limited number of persons or purposes as distinguished from a publicly dedicated street.

Street: residential. A street that provides access to individual parcels.

Street: surfaced. A street or highway with existing bituminous or concrete pavement surfacing.

Structure. That which is built or constructed, including, without limitation because of enumeration, buildings, fences, pergolas and arbors, canopies, signs, billboards, satellite dishes, fire escapes, chute escapes, railings, water tanks, towers, open-grade steps, sidewalks, stairways, tents and anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground, including a mobile home, manufactured home, modular home or travel trailer.

Subdivider. Any person, corporation, partnership, association, individual, firm, trust, or agent dividing or proposing to divide land.

Subdivision. As defined in Chapter 236, Wisconsin Statutes.

Substantially complete. The date at which the work or building project, or a designated portion of the work or building project thereof is sufficiently complete, in accordance with the construction contract documents, so that the owner may use or occupy the work or building project or designated portion thereof for the intended use for which it is originally designed and intended for. Partial use or occupancy shall not necessarily result in the project being deemed substantially complete and shall not be evidence of substantial completion.

Super-majority vote. A vote of three fourths (¾) or greater of the entire membership of the voting body.

Supplied. Installed, furnished, or provided by the owner or operator.

Supply pantry. A distribution center for food, clothing and other essential items to persons at no charge or for less than fair market value where no on-premise consumption of the items occurs. A supply pantry does not include Retail Establishment: Used Merchandise Stores as elsewhere defined.

Sustainability. Meeting the needs of the present without compromising the ability of future generations to meet their own needs. (Brundtland Commission, 1987)

Swimming pool. An above or below ground tank or container intended for swimming, wading, or sitting in. For the purpose of this Ordinance, a swimming pool shall mean any pool, hot tub, or similar device, with a water depth of more than twenty-four (24) inches at any point and a water surface area of more than one hundred fifteen (115) square feet.

T

Tavern. An establishment providing alcohol beverages by the drink to the public, where food or packaged alcohol beverages may be served or sold only as accessory to the primary use. This term does not include an assembly hall or a recreation facility.

Technical standard. A document that specifies design, predicted performance, and operation and maintenance specifications for a material, device, or method.

Temporary construction building. A temporary office, including a manufactured building, used onsite for management of a construction project.

Temporary real estate sales office. A temporary office, including a manufactured building, for marketing, sales, or rental of residential, commercial, or industrial development for a specified period.

Terminal: freight, commercial. A facility for truck, air, or railway freight service and operations, including but not limited to pickup, sorting, preparing, packaging, crating, terminal and facility operations, line-haul loading and unloading, scaling, and delivery. This term includes the onsite storage of materials, trucks and semi-trailers and the installation of a scale. Industrial freight terminals include but are not limited to grain/farm, food, garbage, recyclables, forestry products, hazardous materials, machinery, equipment and vehicles.

Terminal: freight, local. A facility for local freight service and operations, including, but not limited to local pickup, local storing and terminal operations, line-haul loading and unloading, destination sorting and terminal operations, and local delivery. This term includes the temporary onsite storage of trucks and semi-trailers outdoors. Local freight terminals include but are not limited to postal, people, linen, and furniture.

Terminal: ship. A facility for the docking, loading, or unloading of ships, barges, or boats, that primarily transport freight.

Theater. An establishment for presenting motion pictures or live performances for observation by patrons. This term includes a movie theater, an outdoor stage, band shell, or amphitheater, but does not include an adult entertainment establishment.

Through lot. See Lot: through.

Title loan agency. An establishment providing loans to individuals in exchange for receiving title to the borrower’s motor vehicles as collateral.

Tool and equipment rental facility. An establishment providing the rental of tools, lawn and garden equipment, party supplies, and similar goods and equipment, including storage and incidental maintenance. This term does not include a motor vehicle rental facility.

Top of the channel. An edge, or point on the landscape, landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than twelve (12) percent continually for at least fifty (50) feet. If the slope of the land is twelve (12) percent or less continually for the initial fifty (50) feet, landward from the ordinary high water mark, the top of the channel is the ordinary high water mark.

Tourist home. A rooming house operated in conjunction with a bed and breakfast establishment licensed under Chapter HSS 197 of the Wisconsin Administrative Code that is located at its nearest point no more than one hundred (100) feet away from the building housing the bed and breakfast or on the same parcel.

Tower. Any pole, spire, structure, or combination thereof, to which an antenna could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires, and braces.

Traditional neighborhood design. A comprehensive planning system that includes a variety of housing types and land uses in a defined area and permits educational facilities, civic buildings and commercial establishments to be located within walking distance of private homes. The design is served by a network of paths, streets and lanes suitable for pedestrians as well as vehicles, where public and private spaces have equal importance, creating a balanced community.

Transitional living facility. See Rehabilitation center.

Tree. Any object of natural growth, except farm crops that are cut at least once a year, and except shrubs, bushes, or plants that do not grow to a height of more than twenty (20) feet.

Tree: significant. Trees that are in good health, on the City of Ashland’s preferred species list, and meet the following minimum sizes. Deciduous trees that are a minimum of one and one-half (1-1/2) caliper inches, measured at four and one-half (4-1/2) feet above the root collar, and Coniferous trees or multi-trunk deciduous trees that measure at least six (6) feet in height.

Turf-grass. Grass commonly used in regularly cut lawns or play areas such as, but not limited to, blue grass, fescue, and rye grass blends.

Two-family dwelling. See Dwelling: two-family (duplex).

Twin home. See Dwelling: twin home.

Type II distribution. A rainfall type curve as established in the United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published in 1973, the Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.

U

Underlying zone. The zoning district classification within an overlay district determining requirements including, but not limited to permitted, conditional, and prohibited uses.

Uniformity ratio. The ratio between the average illumination and the minimum illumination as determined by measurements taken on a four (4) foot grid throughout the area to be lighted.

Use. The purpose for which land or a building or structure is arranged, designed, or intended or for which either land or a building or structure is, or may be, occupied or maintained.

Use, principal. The main use to which a parcel is devoted and the main purpose for which the property exists.

Use, accessory. See: Accessory use.

Utility facilities. Utility equipment including, but not limited to, electric utility substations, water reservoirs, water treatment plants, sewer treatment plans, transformer stations, booster stations, transmitters, and other comparable utility facilities.

V

Variance. A variance is a relaxation of the terms of this Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

Variance: area. A variance from the provisions of this Ordinance governing area, setbacks, frontage, bulk, density, and similar requirements.

Variance: use. A variance from the provisions of this Ordinance governing a permitted, conditional, and accessory uses.

Vehicle. A machine propelled by power, other than human power and designed to travel along the ground, air or water by use of wheels, treads, runners or slides and used to transport persons or property or to pull machinery, including, without limitation because of enumeration, automobiles, trucks, trailers, motor homes, motorcycles, tractors, buggies, wagons, boats and aircraft.

Vehicle sales and/or rental. Any property or structures used for the display, sale and/or rental of vehicles, implements, trailers or recreational vehicles in operable condition.

Vehicle repair and/or service. An establishment providing the repair or servicing of vehicles, including the sale, installation, and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of batteries, tires, mufflers, brakes, shocks, transmissions, or engines, and it includes paint and body work. This term includes, but is not limited to, an auto repair shop, auto body shop, wheel and brake shop, or tire sales and installation shop.

Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Veterinary clinic: large animal. An establishment providing medical and surgical treatment of all domestic animals (including dogs and cats) and all farm animals (including horses, cattle, and hogs), including grooming and boarding for not more than thirty (30) days if incidental to the medical care. This term includes an animal crematorium.

Veterinary clinic: small animal. An establishment providing medical and surgical treatment of household animals including dogs, cats, birds, and similar animals. Large farm animals including cattle, horses, hogs, and similar animals shall not be treated at a small animal veterinary clinic. This term includes grooming and boarding for not more than thirty (30) days (if incidental to the medical care) and an animal crematorium.

Visual screen. A permanent fence or wall that permits no view into the area to be screened; or plantings or vegetation that permit no view into the area to be screened and that admit a maximum penetration of light through no more than an evenly distributed twenty five (25) percent of their vertical surface during any season of the year.

W

Wall. An upright structure of masonry serving to enclose, divide, or protect an area.

Warehouse: general. A building used primarily for the storage of goods and materials.

Warehouse: self-storage. Warehouses serving primarily the general public with separate access for each storage stall, one-story, less than ten thousand (10,000) square feet per building; total area less than sixty thousand (60,000) square feet.

Waterfront, commercial. Commercial uses that cater to people using the waterfront or commercial uses that have a direct benefit from being located on the waterfront. Examples of waterfront commercial uses may include boat rental, restaurants, conference facilities, and similar uses.

Water-oriented research facility. Research facilities that utilize the waterfront for research purposes.

Waters of the state. Those portions of Lake Superior and Lake Michigan within the boundaries of Wisconsin, and all bays, rivers, streams, ponds, springs, wells, impounding reservoirs, marshes, water courses, drainage systems, and other surface water and groundwater, natural or artificial, public or private, within the State of Wisconsin or its jurisdiction.

Wetland: highly susceptible. Includes the following types of wetlands: fens, sedge meadows, bogs, low prairies, conifer swamps, shrub swamps, other forested wetlands, fresh wet meadows, shallow marshes, deep marshes, and seasonally flooded basins.

Wetland: less susceptible. Includes degraded wetlands that are dominated by invasive species, such as reed canary grass.

Wholesale and distribution facility. Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, and professional business users; or to other wholesalers, or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

Wildlife management area. An area specifically managed for wildlife and related uses.

Wind energy facility. Equipment that converts and then stores or transfers energy from wind into usable forms of energy as defined by Section 66.0403(1)(m) of the Wisconsin Statutes. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system.

Wind generator. Blades and associated mechanical and electrical conversion components mounted on top of the tower.

Workmanlike. Executed in a skilled manner; for example, plumb, level, square, in line, undamaged, done without marring adjacent work and done by using materials that match adjacent work.

Y

Yard. All areas of a parcel not covered by a principal building.

Yard: corner side yard. The yard extending from the front yard to the rear yard and lying between an open public right-of-way and the principle structure.

Yard: front. The area extending the full parcel width and situated between the front parcel line and the face of the principal building that is parallel to, or most nearly parallel to, the front parcel line.

Yard: rear. The area extending the full parcel width and situated between the rear parcel line and the face of the principal building that is parallel to, or most nearly parallel to, the rear parcel line.

Yard: side. The area extending between the front yard and the side yard and situated between the side parcel line and the face of the principal building that is parallel, or most nearly parallel to, the side parcel line.

Yard waste. All accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.

Z

Zoning Board of Appeals. The Zoning Board of Appeals of the City Ashland.