For the purposes of this chapter, the following definitions shall be used:
ACCESSORY BUILDINGA subordinate building or portion of the main building, the use of which is purely incidental to that of the main building. In the case of a farm, the agricultural buildings are the accessory buildings.
ACCESSORY USEA use subordinate in nature, extent or purpose to the principal use of the building or lot.
ADVERTISING SIGN, OUTDOORA structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ADVERTISING STRUCTURE, OUTDOORAnything constructed or erected, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ALLEYA way which affords only a secondary means of access to abutting property and which is a minimum of 24 feet wide.
APARTMENTA portion of a residential or commercial building used as a separate housing unit.
ARTERIAL STREETA public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways and parkways.
BASEMENT or CELLARA story partly underground but having at least 1/2 of its height, or more than five feet, below the mean level of the adjoining ground. See Chs. SPS 320, 321 and 322, Wis. Adm. Code.
BOARDINGHOUSEA building other than a hotel where meals or lodging and meals are served for compensation for not more than six persons.
BUILDINGA structure having a roof and intended for the shelter, housing or enclosure for persons, animals or chattel.
BUILDING, ALTERATION OFAny change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another.
BUILDING, FRONT LINE OFA line parallel to the street intersecting the foremost point of the building, excluding uncovered steps and the eaves if the overhang is less than two feet.
[Amended 6-7-2010 by Ord. No. 2010-06-08]
BUILDING, HEIGHT OFThe vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a flat roof, or to the deckline of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.
BUILDING, PRINCIPALA building in which is conducted the main use of the lot on which said building is located.
BUSINESSIncludes the business and industrial uses and districts as herein defined.
CLINICA building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
CLUBA building owned, leased or hired by a nonprofit association of persons who are bona fide members, the use of which is restricted to said members and their guests.
COMMERCIAL MOTOR VEHICLEA motor vehicle designed or used to transport passengers or property and having one or more of the following characteristics:
A. The vehicle is a single vehicle with a gross vehicle weight rating of 26,001 or more pounds or the vehicle's registered weight or actual gross weight is more than 26,000 pounds.
B. The vehicle is a combination vehicle with a gross combination weight rating, registered weight or actual gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.
C. The vehicle is designed to transport or is actually transporting the driver and 15 or more passengers. If the vehicle is equipped with bench-type seats intended to seat more than one person, the passenger carrying capacity shall be determined under § 340.01(31), Wis. Stats., or, if the vehicle is a school bus, by dividing the total seating space measured in inches by 13.
D. The vehicle is transporting hazardous materials.
COMMUNITY LIVING ARRANGEMENTThe following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats., foster homes and group homes for children under § 48.02(6) and (7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including §§ 46.03(22), 59.69(15) and 62.23(7)(i) and (7a), Wis. Stats., and amendments thereto, and also the Wisconsin Administrative Code.
CONDITIONAL USEA use of land, water or building which is allowable only after the issuance of a special permit by the Plan Commission under conditions specified in this chapter.
CONFORMING USEAny lawful use of a building or lot which complies with the provisions of this chapter.
CONSTRUCTION EQUIPMENTHeavy equipment used primarily for commercial, landscaping or industrial uses, including but not limited to trucks of all types exceeding 12,000 pounds gross vehicle weight, farm/industrial tractors, skid-steer loaders, end loaders, excavating equipment, backhoes, trenching machinery, commercial-type lawn mowers, graders, bulldozers, etc.
COURTAn open, unoccupied space other than a yard, on the same lot with a building, and which is bounded on two sides by the building.
CURB BREAKAny interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.
CURB LEVELThe level of the established curb in the front of the building measured at the center of such front.
DAY-CARE CENTERA place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in § 48.65, Wis. Stats.
DWELLING, ELDERLYA building, or portion thereof, designed, designated and used exclusively by a person who is 55 years of age or older or a family the head of which or spouse is 55 years of age or older.
[Added by Ord. No. 2004-04-01]
DWELLING GROUPA group of two or more multifamily dwellings occupying a lot in one ownership with any two or more dwellings having any yard or court in common.
DWELLING, MULTIFAMILYA building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums.
DWELLING, SINGLE-FAMILYA detached building designed, arranged or used for and occupied exclusively by one family and shall include specially designed buildings covered by earth.
DWELLING, TWO-FAMILYA building designed, arranged or used for, or occupied exclusively by, two families living independently of each other.
DWELLING UNITA building or portion thereof used exclusively for human habitation, including single-family, two-family and multifamily dwellings, but not including hotels, motels or lodging houses.
EMERGENCY SHELTERSPublic or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots or invasions.
FAMILYOne or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
A. The group shares the entire dwelling unit.
B. The group lives and cooks together as a single housekeeping unit.
C. The group shares expenses for food, rent, utilities or other household expenses.
D. The group is permanent and stable and not transient or temporary in nature.
E. Any other factor reasonably related to whether the group is the functional equivalent of a family.
FAMILY DAY-CARE HOMEA dwelling licensed as a day-care center by the Department of Children and Families under § 48.65, Wis. Stats., where care is provided for not more than eight children.
[Added 1-19-2009 by Ord. No. 2009-01-03]
FARMLand consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
FARM TRACTORA motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
FARM TRAILERA trailer or semitrailer with a gross weight greater than 3,000 pounds which is owned or leased and operated by a farmer and is used exclusively for the transportation of farm products from the owner's farm to market or for the transportation of supplies to the owner's farm.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
FOSTER FAMILY HOMEThe primary domicile of a foster parent which is for four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.
FRONTAGEAll of the property abutting on one side of a street measured along the street line.
GARAGEA building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles.
GARAGE, PUBLICA building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as "gasoline stations" or "service stations."
GASOLINE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances and the sale of motor vehicle accessories and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.
GROSS COMBINATION WEIGHT RATINGThe value specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load carried.
GROSS VEHICLE WEIGHT RATINGThe value specified by the vehicle manufacturer, including secondary or final stage manufacturer, as the loaded weight of a vehicle.
GROSS WEIGHTThe weight of the vehicle equipped for service plus the weight which the vehicle is carrying as a load.
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HOME OCCUPATIONAny business or profession carried on in a residence in accordance with the provisions of §
615-69.
[Amended by Ord. No. 1997-03-01]
HOTELA building occupied as the more or less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than six sleeping rooms, usually occupied singly, and no provision is made for cooking in the individual apartments.
JUNKYARDAn open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. "Junkyard" also includes an auto wrecking yard but does not include uses established entirely within enclosed buildings.
KENNELAny establishment wherein or whereon dogs and/or cats are kept for the purpose of show, sale, boarding or breeding.
LIVING RATIO (LR)See definition in Table 3, Lot, Building and Yard Requirements: Residential.
LOADING AREAA completely off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.
LOTA parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.
LOT LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT, REVERSED CORNERA corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGHA lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTHThe width of a parcel of land measured at the rear of the specified street yard.
LOT, ZONINGA single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control.
MANUFACTURED HOMEAny of the following:
A. A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 U.S.C. §§ 5401 to 5425.
B. A mobile home, unless a mobile home is specifically excluded under the applicable statute.
MOBILE HOMEA 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 45 feet. "Mobile home" 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.
MOTELA series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.
MOTOR FREIGHT TERMINALA building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
MOTOR VEHICLEAny passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
NONCONFORMING BUILDING OR STRUCTUREAny building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.
NONCONFORMING USEAny use of land, buildings or structures which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.
NURSERYAny building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
NURSERY SCHOOLAny building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.
NURSING HOMEAny building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
PARKING AREA, SEMIPUBLICAn open area other than a street, alley, public right-of-way, or place used for temporary parking of more than three self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACEAn off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PARK or PARKINGThe halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
PLACEAn open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLANNED RESIDENTIAL DEVELOPMENTA tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PLANNED UNIT DEVELOPMENTAn area of land intended to permit developments that will, over a period of time, be enhanced by coordinated site planning, diversified location of structures and/or mixing of compatible uses.
[Added 7-20-2009 by Ord. No. 2009-07-01]
PRINCIPAL STRUCTUREThe main or primary structure on a property. In the case of a farm, the residence is the principal structure on the property.
PUBLIC WAYAny sidewalk, street, alley, highway or other public thoroughfare.
RAILROAD RIGHT-OF-WAYA strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
ROAD TRACTORA motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn.
SCHOOL, COMMERCIALA school limited to special instruction such as business, art, music, trades, handicraft, dancing or riding.
SCHOOL, PRIVATEAn elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for mental disability or a college or other institution of higher learning.
SEMITRAILERA vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, but does not include a mobile home. A vehicle used with a ready-mix motor truck to spread the load is considered a semitrailer.
SETBACKA perpendicular line from the property line to the closest point of a covered part of the foundation.
[Added 6-7-2010 by Ord. No. 2010-06-08]
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.
STRUCTUREAnything constructed or erected, the use of which requires location on the ground or that it be attached to something having a location on the ground.
TOW TRUCKA motor vehicle that is equipped with mechanical or hydraulic lifting devices or winches capable of, and used for, the recovery or transport or both of wrecked, disabled, abandoned, used or replacement vehicles.
TRAILERA vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home. Also see definitions at §
615-40A.
TRUCK TRACTOR (SEMI-TRACTOR)A motor vehicle designated and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
USEThe use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, which shall include any manner of performance of such activity with respect to the performance standards of this chapter.
USE, PERMITTEDA use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
USE, PRINCIPALThe main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.
VEHICLEEvery device in, upon or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile shall not be considered a vehicle except for purposes made specifically applicable by statute or ordinance.
VENDING MACHINEA retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.
YARDAn open space on the same lot with a structure, unoccupied and unobstructed from ground upward, except for vegetation as permitted. The front and rear yards extend the full width of the lot.
YARD, FRONTA yard extending along the full length of the front lot line between the side lot lines.
YARD, INTERIOR SIDEA side yard which is located immediately adjacent to another zoning lot or to an alley separating such yard from another zoning lot.
YARD, REARA yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDEA yard extending along a side lot line from the front yard to the rear yard.
YARD, TRANSITIONALThat yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.
ZERO LOT LINE STRUCTUREA a single two-unit dwelling which exists on two lots and has a common property line where the dwelling units meet. Any division of land associated with the construction or development of a zero lot line structure shall comply with any applicable land division regulations contained in Chapter
600, Subdivision of Land, of the Village Code. A zero lot line structure has a side yard of zero feet on the side where the dwelling units meet at the common property line and at least eight feet for the other side yard, except on corner lots where a twenty-five-foot setback is required on both the front and street sides.
[Amended by Ord. No. 1998-10-03]
ZONING DISTRICTAn area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.