11.1.1

MEANINGS AND INTENT. All provisions, terms, phrases and expressions contained in this chapter shall be construed according to the Purpose and Intent set out in Section 1.6.

11.1.2

PARTICULAR AND GENERAL PROVISIONS. The particular or specific controls the general.

11.1.3

BUILDINGS AND STRUCTURES. A "building" or "structure" includes any part thereof.

11.1.4

USED FOR. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."

11.1.5

PERSON. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

11.1.6

HEADINGS, ILLUSTRATIONS AND TEXT. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure, or illustration, the text shall control.

11.1.7

LISTS AND EXAMPLES. Unless otherwise expressly indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.

11.1.8

COMPUTATION OF TIME. References to days are to calendar days unless otherwise stated. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, or holiday observed by the City, that day shall be excluded.

11.1.9

REFERENCES TO OTHER REGULATIONS AND DOCUMENTS. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.

11.1.10

DELEGATION OF AUTHORITY. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.

11.1.11

TECHNICAL AND NONTECHNICAL TERMS. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

11.1.12

PUBLIC OFFICIALS AND AGENCIES. All public officials, bodies, and agencies to which references are made are those of the City of Beloit unless otherwise expressly stated.

11.1.13

MANDATORY AND DISCRETIONARY TERMS. The words "shall," "will," and "must" are mandatory. The words "may" and "should" are advisory and discretionary terms.

11.1.14

CONJUNCTIONS. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

"And" indicates that all connected items, conditions, provisions, or events apply; and

"Or" indicates that one or more of the connected items, conditions, provisions, or events may apply.

11.1.15

TENSES AND PLURALS. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.

11.2.1

BASIS FOR CLASSIFICATIONS. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

a.

Principal Uses. Principal uses are assigned to the category that most closely describes the nature of the principal use. The "Characteristics" subsection of each use category describes the common characteristics of each principal use.

b.

Developments with Multiple Principal Uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the Retail Sales/Service category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

c.

Accessory Uses. Accessory uses are allowed by-right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

d.

Use of Examples. The "Examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse" but that sells mostly to consumers, is included in the Retail Sales/Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales/Service category.

11.2.2

SIMILAR USE INTERPRETATION CRITERIA. The following considerations shall be used in making similar use interpretations:

a.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

b.

The relative amount of site area or floor space and equipment devoted to the activity;

c.

Relative amounts of sales from each activity;

d.

The customer type for each activity (retail or wholesale);

e.

The relative number of employees in each activity;

f.

Hours of operation;

g.

Building and site arrangement;

h.

Vehicles used with the activity;

i.

The relative number of vehicle trips generated by the use; and

j.

How the use advertises itself.

11.2.3

RESIDENTIAL USE CATEGORIES.

a.

Group Living. (Am. #3719)

1.

Characteristics. Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group may be larger than the average size of a family. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are generally considered to be a form of transient lodging (see the Retail Sales/Service and Community Service categories). Generally, Group Living structures have a common eating area for residents. The residents may receive limited care, training, or treatment.

2.

Typical Accessory Uses. Accessory uses commonly associated with Group Living are recreational facilities and parking of vehicles for occupants and staff.

3.

Examples. Examples of Group Living include dormitories; fraternities and sororities; monasteries and convents; community living arrangements; some group homes for the physically or developmentally disabled or for individuals diagnosed with a mental illness; some residential programs for drug and alcohol treatment; alternative or post incarceration facilities.

4.

Exceptions. Except in nursing homes and hospice facilities, lodging where tenancy may be arranged for periods of less than 30 days is to be considered a hotel or motel use and classified in the Retail Sales/Service category. Lodging where the residents meet the definition of "family" and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as Household Living. Facilities for people who are under judicial detainment and under the supervision of sworn officers are included in the Detention Facilities category.

b.

Household Living.

1.

Characteristics. Household Living is characterized by the residential occupancy of a dwelling unit by a family. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the Retail Sales/Service and Community Service categories).

2.

Accessory Uses. Accessory uses commonly associated with Household Living are recreational activities, raising of pets, hobbies and parking of the occupants' vehicles.

3.

Examples. Uses include living in houses, duplexes, triplexes, four-plexes and other multidwelling structures, retirement center apartments, manufactured housing and other structures with self-contained dwelling units.

4.

Exceptions. Lodging in a dwelling unit or where less than two-thirds of the units are rented on a monthly or longer basis is considered a hotel or motel use and is classified in the Retail Sales/Service category.

11.2.4

INSTITUTIONAL AND CIVIC USE CATEGORIES.

a.

Colleges.

1.

Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks.

2.

Accessory Uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities and support commercial.

3.

Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to hospitals and seminaries.

4.

Exceptions. Business and trade schools are classified as Retail Sales/Service.

b.

Community Services.

1.

Characteristics. Community Services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community, whether publicly or privately owned. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, nonprofit or charitable nature.

2.

Accessory Uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities.

3.

Examples. Examples include libraries, museums, senior centers, recreational buildings/community centers, publicly owned swimming pools, youth club facilities, hospices, public art galleries, charitable institutions, community service institutions, fraternal institutions, meeting halls, philanthropic institutions, social service facilities, temporary shelters, vocational training for persons with physical or mental disabilities, columbiums and mausoleums.

4.

Exceptions. Private lodges, clubs and private or commercial athletic or health clubs are classified as Retail Sales/Service. Commercial museums are classified as Retail Sales/Service. Parks are classified as Parks and Open Space. Uses where tenancy is arranged on a month-to-month basis or for a longer period are residential and are classified as Household or Group Living.

c.

Day Care.

1.

Characteristics. Day Care uses provide care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.

2.

Accessory Uses. Accessory uses include offices, recreation areas and parking.

3.

Examples. Examples include preschools, childcare centers, family day care homes, nursery schools, latch key programs and adult day care programs.

4.

Exceptions. Day Care does not include public or private schools or facilities operated in connection with an employment use, shopping center or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

d.

Medical Facility. (Am. #3719)

1.

Characteristics. Medical Facility uses provide medical, dental, or vision examinations, care, treatment, or laboratory services; surgical care; physical therapy or rehabilitation services; palliative and supportive care for individuals with terminal illnesses; services for the donation of blood or plasma for use in medical or other products.

2.

Accessory Uses. Accessory uses include offices, meeting areas, cafeterias, parking, maintenance facilities and housing facilities for staff or trainees.

3.

Examples. Examples include hospitals, medical, dental or vision clinics or laboratories, emergency medical clinics, ambulatory surgery centers, nursing homes, blood or plasma donation facilities, and hospice facilities.

4.

Exceptions. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the Group Living category.

e.

Parks and Open Spaces.

1.

Characteristics. Parks and Open Spaces are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures.

2.

Accessory Uses. Accessory uses may include clubhouses, maintenance facilities, concessions, caretaker's quarters and parking.

3.

Examples. Examples include parks, golf courses, cemeteries, public squares, plazas, recreational trails, botanical gardens, nature preserves and land used for grazing that is not part of a farm or ranch.

f.

Religious Institutions.

1.

Characteristics. Religious Institutions primarily provide meeting areas for religious activities.

2.

Accessory Uses. Accessory uses include Sunday school facilities, parking, caretaker's housing and group living facilities such as convents.

3.

Examples. Examples include churches, temples, synagogues, mosques, chapels, convents, monasteries, nunneries, parsonages, rectories, seminaries and temples.

4.

Exceptions. Preschools are classified as Day Care uses. Schools are classified as Schools.

g.

Safety Services.

1.

Characteristics. Safety Services are uses that provide public safety and emergency response services. They often need to be located in or near the area where the service must be provided quickly. Employees are regularly present on-site.

2.

Accessory Uses. Accessory uses include offices and parking.

3.

Examples. Examples include fire stations, police stations and emergency medical and ambulance stations.

h.

Schools.

1.

Characteristics. This category includes public and private schools at the primary, elementary, middle, or high school level that provide state-mandated education.

2.

Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums and before- or after-school day care.

3.

Examples. Examples include public and private daytime schools, boarding schools and military academies.

4.

Exceptions. Preschools are classified as Day Care uses. Business and trade schools are classified as Retail Sales/Service.

i.

Utilities, Basic.

1.

Characteristics. Basic Utilities are infrastructure services that need to be located in or near the area where the service is provided. Basic Utility uses generally do not regularly have employees at the site. Services may be public or privately provided.

2.

Accessory Uses. Accessory uses may include parking and control, monitoring, data or transmission equipment.

3.

Examples. Examples include water and sewage pump stations; electrical substations; water towers and reservoirs; telephone exchanges; and park-and-ride facilities for mass transit.

4.

Exceptions. Services where people are generally present are classified as Community Services, Offices, or Safety Services. Utility offices where employees or customers are generally present are classified as Offices. Bus barns are classified as Warehouse and Freight Movement.

11.2.5

COMMERCIAL USE CATEGORIES.

a.

Entertainment Event, Major.

1.

Characteristics. Major Entertainment Event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.

2.

Accessory Uses. Accessory uses may include restaurants, bars, concessions, parking and maintenance facilities.

3.

Examples. Examples include stadiums, sports arenas, auditoriums, exhibition and meeting areas and fairgrounds.

4.

Exceptions. Exhibition and meeting areas with less than 24,000 square feet of total event area are classified as Retail Sales/Service. Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the Retail Sales/Service category. Theaters, including drive-in theaters, are classified as Retail Sales/Service. Recreation or entertainment uses conducted on a continuous basis are classified as Outdoor Recreation and Entertainment or Retail Sales/Service uses.

b.

Office.

1.

Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, or financial services.

2.

Accessory Uses. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

3.

Examples. Examples include professional services such as architects, lawyers, accountants, or engineers; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; TV and radio studios. (Am. #3719)

4.

Exceptions. Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category. Contractors and others who perform services off-site are included in the Office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.

c.

Parking, Commercial.

1.

Characteristics. Commercial Parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking facility.

2.

Accessory Use. In a parking structure only, accessory uses may include gasoline sales, car washing and vehicle repair activities if these uses provide service only to vehicles parked in the garage.

3.

Examples. Examples include short- and long-term fee parking facilities and mixed parking lots (partially accessory to a specific use, partly for rent to others).

4.

Exceptions. Parking facilities that are accessory to a use, but that charge the public to park for occasional events nearby, are not considered Commercial Parking facilities. Parking facilities that are accessory to a principal use are not considered Commercial Parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility. Public transit park-and-ride facilities are classified as Basic Utilities.

d.

Recreation and Entertainment, Outdoor.

1.

Characteristics. Outdoor Recreation and Entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

2.

Accessory Uses. Accessory uses may include concessions, restaurants, parking, caretaker's quarters and maintenance facilities.

3.

Examples. Examples include amusement parks, theme parks, golf driving ranges, miniature golf facilities and zoos.

4.

Exceptions. Golf courses are classified as Parks and Open Space. Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as Major Entertainment Events.

e.

Retail Sales/Service.

1.

Characteristics. Retail Sales/Service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

2.

Accessory Uses. Accessory uses may include parking, offices, storage of goods, and manufacture or repackaging of goods for on-site sale and off-site sale, provided the manufacture or repackaging of goods for off-site sale is subordinate in area, extent, and purpose to the principal retail use. (Am. #3472)

3.

Examples. Examples include uses from the 4 following groups:

(a)

Entertainment-Oriented. Bars and taverns; indoor continuous entertainment activities such as bowling alleys, ice rinks and game arcades; pool halls; dance halls; indoor archery/firing ranges; theaters, health clubs, gyms; dancing and the serving of alcoholic beverages; theaters; fraternal lodges; travel trailer parks; clubs and lodges, nonprofit; and fraternal membership clubs.

(b)

Personal Service-Oriented. Branch banks; restaurants, cafes, delicatessens; laundromats; photographic studios; photocopy and blueprint services; hair, tanning and personal care services; business, vocational, martial arts and other trade schools; dance or music classes; taxidermists; employment agencies; mortuaries; veterinarians; and animal grooming. Other examples include custom dressmaking; undertaking establishments and funeral parlors; currency exchanges; animal hospitals; barber or beauty shops; clothes pressing establishments; tailor shops; and restricted production and repair limited to: art, needlework, jewelry, watches, and optical lenses. (Am. #3719)

(c)

Repair-Oriented. Repair of televisions, bicycles, clocks, watches, shoes, hat, clothing, guns, furniture, appliances and office equipment; photo or dry cleaning/laundry drop-off; tailor; locksmith; and upholsterer.

(d)

Sales-Oriented. Stores selling, leasing, or renting consumer, home and business goods including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationary and videos; food sales and sales or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks and other recreational vehicles. Other examples include: automobile accessory stores, rental agencies, tools and equipment, feed and seed stores, orthopedic and medical appliance stores, electrical and household appliance stores including radio and television sales, clothing and costume rental stores, china and glassware stores, coin and philatelic stores, book and stationery stores, paint and wallpaper stores, greenhouses and nurseries, camera and photographic supply stores, candy and ice cream stores, picture framing, leather goods and luggage stores, dry goods stores, sporting goods stores, musical instrument sales and repair, office machine sales/servicing, business machine sales/service, sewing machine sales/service, building material and products sales, optician sales, antique shops, florist shops, millinery shops, toy shops, tobacco shops, pawn shops, furrier shops, including the incidental storage and conditioning of furs, gift shops, hobby shops, art galleries, boat showrooms, shoe stores, drug stores, secondhand stores and rummage shops, hardware stores, department stores, furniture stores, including accessory upholstering, office supply stores, grocery stores, meat markets, bakeries, and delicatessens, carpet and rug stores, phonograph record and sheet music stores, bicycle sales, rental, and repair stores, trailer sales and rental for use with private passenger motor vehicles.

4.

Exceptions.

(a)

Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as Wholesale Sales.

(b)

Repair and service of consumer motor vehicles, motorcycles and light medium trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as Industrial Service.

(c)

Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as Wholesale Sales.

(d)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop, which is classified as Industrial Service.

(e)

In certain situations, hotels and motels may be classified as a "Community Service" use, such as short-term housing or mass shelter. See "Community Services."

f.

Self-Service Storage.

1.

Characteristics. Self-Service Storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

2.

Accessory Uses. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the Self-Service Storage use. The rental of trucks or equipment is also not considered accessory to a Self-Service Storage use.

3.

Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

4.

Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the Warehouse and Freight Movement category.

g.

Vehicle Repair.

1.

Characteristics. Vehicle Repair firms service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

2.

Accessory Uses. Accessory uses may include offices, sales of parts and vehicle storage.

3.

Examples. Examples include vehicle repair, transmission or muffler shop, auto body shop, alignment shop, auto upholstery shop, auto detailing and tire sales and mounting.

4.

Exceptions. Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as Industrial Service.

h.

Vehicle Service, Limited.

1.

Characteristics. Limited Vehicle Service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.

2.

Accessory Uses. Accessory uses may include auto repair and tire sales.

3.

Examples. Examples include full-service, mini-service and self-service gas stations; car washes; and quick lubrication services.

4.

Exceptions. Truck stops are classified as Industrial Service. Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

11.2.6

INDUSTRIAL USE CATEGORIES.

a.

Industrial Service.

1.

Characteristics. Industrial Service uses/activities are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

2.

Accessory Uses. Accessory activities may include offices, parking and storage.

3.

Examples. Examples include welding shops; machine shops; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire retreading or recapping; truck stops; building, heating, plumbing or electrical contractors offices shops and yards; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; solid fuel yards; above- and below-ground tanks used for the storage or dispensing of Class I or Class II petroleum products (as defined in the fire code); research and development laboratories; laundry, dry-cleaning and carpet cleaning plants; photofinishing laboratories; truck and trailer rental; electrical generation or other power plants (public or private); water works; reservoirs; pumping stations; and filtration plants.

4.

Exceptions.

(a)

Contractors and others who perform services off-site are included in the Office category, if major equipment and materials are not stored at the site and fabrication, or similar work is not carried on at the site.

(b)

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop.

b.

Manufacturing and Production.

1.

Characteristics. Manufacturing and Production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

2.

Accessory Uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker's quarters.

3.

Examples. Examples include processing of food and related products; catering establishments; slaughter houses and meat packing; weaving or production of textiles or apparel; lumber mills, pulp and paper mills and other wood products manufacturing; woodworking, including cabinet makers; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; printing, publishing and lithography; movie production facilities; concrete batching and asphalt mixing; production or fabrication of metals or metal products including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; production of artwork and toys; sign making; and production of prefabricated structures, including mobile homes.

4.

Exceptions. Manufacturing of goods to be sold primarily on-site and to the general public are classified as Retail Sales/Service. Manufacture and production of goods from composting organic material is classified as Waste-Related uses.

c.

Warehouse and Freight Movement.

1.

Characteristics. Warehouse and Freight Movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.

2.

Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas.

3.

Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; and the stockpiling of sand, gravel, or other aggregate materials.

4.

Exceptions. Uses that involve the transfer or storage of solid or liquid wastes are classified as Waste-Related uses. Mini-warehouses are classified as Self-Service Storage uses.

d.

Waste-Related.

1.

Characteristics. Characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.

2.

Accessory Uses. Accessory uses may include recycling of materials, offices and repackaging and trans-shipment of by-products.

3.

Examples. Examples include sanitary landfills, waste composting, sewage plants and hazardous-waste-collection sites.

4.

Exceptions. Disposal of dirt, concrete, asphalt and similar nondecomposable materials is considered fill.

e.

Wholesale Sales.

1.

Characteristics. Wholesale Sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.

2.

Accessory Uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services and repackaging of goods.

3.

Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment; store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, building hardware.

4.

Exceptions. Firms that engage primarily in sales to the general public or on a membership basis are classified as Retail Sales/Service. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement.

11.2.7

OTHER USE CATEGORIES.

a.

Agriculture.

1.

Characteristics. Agriculture includes activities that primarily involve raising, producing or keeping plants or animals.

2.

Accessory Uses. Accessory uses include dwellings for proprietors and employees of the use and animal training.

3.

Examples. Examples include breeding or raising of fowl or other animals; dairy farms; riding academies; commercial stables; farming, truck gardening, forestry, tree farming; and wholesale plant nurseries.

4.

Exceptions. Uses involved in the processing of animal or plant products are classified as Manufacturing and Production. Livestock auctions are classified as Wholesale Sales. Plant nurseries that are oriented to retail sales are classified as Retail Sales/Service.

b.

Aviation and Surface Passenger Terminals.

1.

Characteristics. Aviation and Surface Passenger Terminals includes facilities for the landing and takeoff of flying vehicles, including loading and unloading areas. Aviation facilities may be improved or unimproved. Aviation and Surface Passenger Terminals also includes passenger terminals for aircraft, regional bus service and regional rail service.

2.

Accessory Uses. Accessory uses include freight handling areas, concessions, offices, parking and maintenance and fueling facilities.

3.

Examples. Examples include airports, bus passenger terminals for regional bus service, railroad passenger stations for regional rail service and helicopter landing facilities.

4.

Exceptions. Bus and rail passenger stations for subregional service such as mass transit stops and park-and-ride facilities are classified as Basic Utilities. Private helicopter landing facilities that are accessory to another use are considered accessory uses. However, they are subject to all the regulations and approval criteria for helicopter landing facilities.

c.

Mining.

1.

Characteristics. Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use.

2.

Accessory Uses. Accessory uses include storage, sorting, stockpiling, or transfer off-site of the mined material.

3.

Examples. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil, gas, or geothermal drilling.

d.

Radio and Television Broadcast Towers.

1.

Characteristics. Radio and Television Broadcast Towers are freestanding, self-supporting structures that rest upon or are embedded in the ground and that are used primarily for the purpose of supporting AM or FM radio or UHF or VHF television broadcast antennas and equipment.

2.

Accessory Uses. Accessory use may include transmitter facility buildings.

3.

Examples. Examples include radio and television broadcast towers.

4.

Exceptions. Receive-only antennas are not included in this category. Radio and television studios are classified in the Office category. Radio and television broadcast facilities that are public safety facilities are classified as Basic Utilities.

e.

Wireless Communications Facilities. See §22.02 of the Code of General Ordinances.

11.3.1

RESERVED. (Rep. #3346)

11.3.2

ACCESS DRIVE. A private roadway providing a physical entrance to a property.

11.3.3

ACCESSORY BUILDING OR USE. An "accessory building or use" is one which:

a.

Is detached from, subordinate to, and related to a principal building or principal use on the parcel.

b.

Is subordinate in area, extent, and purpose to the principal building or principal use served.

c.

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served.

d.

Is located on the same zoning lot as the principal building or use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

11.3.4

ADULT BOOTH. Any area of an Adult Use set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any Adult Materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities.

11.3.5

ADULT CABARET. Any Commercial Establishment that provides any of the following as a substantial or significant part of its business: (a) persons who appear Semi-Nude; (b) live performances distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities; or (c) films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities.

11.3.6

ADULT MATERIAL. Any of the following, whether new or used: (a) Books, magazines, periodicals, or other printed matter, or digitally-stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities; (b) films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities; or (c) instruments, novelties, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities, or that depict or describe Specified Anatomical Areas.

11.3.7

ADULT STORE. Any Commercial Establishment that (a) contains one or more Adult Booths; (b) offers for sale, rental, or viewing any Adult Materials as a substantial or significant portion of its business; or (c) has a segment or section devoted to the sale or display of Adult Materials.

11.3.8

ADULT THEATER. Any Commercial Establishment that as a substantial or significant portion of its business features or provides (a) films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities; or (b) live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities.

11.3.9

ADULT USE. An Adult Cabaret, Adult Store, or Adult Theater.

11.3.10

AGRICULTURE. "Agriculture" is the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal or 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 the normal agricultural activities.

11.3.11

AIRPORT. An "airport" is any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

11.3.12

ALLEY. An "alley" is a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other public way.

11.3.13

ALTERATION. Any change in size, shape, character, or use of a building or structure.

11.3.13.5

AMBULATORY SURGERY CENTER. A distinct entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization and in which the expected duration of services would not exceed 24 hours following an admission. (Cr. #3719)

11.3.14

ANIMAL HOSPITAL. An "animal hospital" is any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

11.3.15

ANTIQUE SHOP. A for-profit business which engages in purchasing or selling of articles which have come down from the past or are of a previous and earlier period and which are at least 50 years old or older.

11.3.16

APARTMENT HOTEL. An "apartment hotel" is a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.

11.3.17

AREA, NET SITE. The "net site area" is the gross area of a site exclusive of public rights-of-way.

11.3.18

AUTO LAUNDRY. An "auto laundry" is a building, or portion thereof, containing facilities for washing more than 2 automobiles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; and shall include a manually operated auto laundry when the operation is equivalent in intensity to a mechanized auto laundry.

11.3.19

RESERVED. (Rep. #3346)

11.3.20

BASE FLOOD ELEVATION. An elevation equal to that which reflects the height of the base flood.

11.3.21

BASEMENT. A "basement" is a portion of a building located partly underground, but having 3½ feet or more of its floor-to-ceiling height above the average grade of the adjoining ground.

11.3.22

BED AND BREAKFAST LODGING. A historic, owner-occupied residential building or portion thereof; other than a motel, apartment hotel, or hotel containing 3 to 5 guestrooms that accommodate persons who are not members of the owner's family. Guestrooms and breakfast are provided for compensation for not more than 3 consecutive days nonrenewable. The facility is considered historic subject to documentation of past historical uses, age, or architectural style or any combination thereof.

11.3.23

BED AND BREAKFAST INN. A historic, owner-occupied, building or portion thereof which provides a personal atmosphere and service with 6 or more guestrooms which accommodate persons who are not members of the owner's family. Guestrooms and breakfast are provided for compensation for not more than 5 consecutive days nonrenewable. The facility is considered historic subject to documentation of past historical uses, age, or architectural style or any combination thereof.

11.3.24

BED AND BREAKFAST GUESTROOM. A historic, owner-occupied residential building or portion thereof; other than a motel, apartment hotel or hotel containing not more than 2 guestrooms which accommodate persons who are not members of the owner's family. Guestrooms and breakfast are provided for compensation for not more than 3 consecutive days, nonrenewable. The facility is considered historic subject to documentation of past historical uses, age, architectural style or any combination thereof.

11.3.25

BERM. An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

11.3.26

BLOCK. A "block" is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or boundary lines of the City of Beloit.

11.3.27

BOATHOUSE (as defined in §30.01(d), Wis. Stats.). A structure used for the storage of watercraft and associated materials.

11.3.28

BUFFER. A combination of physical space and vertical elements, such as plants, berms, fences or walls. The purpose of a buffer is to separate and screen incompatible land uses from one another.

11.3.28.5

BUILDABLE AREA. That portion of a lot remaining after the required setbacks are met. (Cr. #3359)

11.3.29

BUILDING. A "building" is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.

11.3.30

BUILDING, BULK. "Bulk" is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:

a.

Size and height of buildings.

b.

Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings.

c.

Gross floor area of buildings in relation to lot area (floor area ratio).

d.

All open spaces allocated to buildings.

e.

Amount of lot area provided per dwelling unit.

11.3.31

BUILDING, COMPLETELY ENCLOSED. A "completely enclosed building" is a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

11.3.32

BUILDING, DETACHED. A "detached building" is a building surrounded by an open space on the same lot.

11.3.33

BUILDING HEIGHT. "Building height" is the vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.

11.3.34

BUILDING, PRINCIPAL. A "principal building" is a nonaccessory building in which the principal use of the lot on which it is located is conducted.

11.3.35

BULKHEAD LINE. A geographic line along a reach of a navigable body of water that has been adopted by a municipal zoning ordinance and approved by the Department of Natural Resources pursuant to §30.11, Wis. Stats., and which allows complete filling on the landward side except where such filling is prohibited by the floodway provisions of this section.

11.3.36

CALIPER. The diameter of a tree trunk measured 12 inches above ground level, except for trees larger than 4 inches in diameter, which shall be measured 4 feet above ground level.

11.3.37

CAPACITY IN PERSONS. The "capacity in persons" of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable comfort, as determined in the Beloit Building Code.

11.3.38

CELLAR. A "cellar" is a portion of a building located partly or wholly underground and having less than 3½ feet of its floor-to-ceiling height above the average grade of the adjoining ground.

11.3.39

CERTIFICATE OF COMPLIANCE. A certification by the Zoning Administrator that a structure, use, or development is in compliance with all provisions of this section.

11.3.40

CHANNEL. A channel is a natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.

11.3.41

CHARITABLE INSTITUTION. A "charitable institution" is a building or group of buildings devoted to and supported by charity.

11.3.42

CLINIC, MEDICAL OR DENTAL. A "medical or dental clinic" is an organization of specializing physicians, dentists, chiropractors, osteopaths, or similar licensed or registered practitioners who have their offices in a common building. A clinic shall not include inpatient care.

11.3.43

CLOSED CUP FLASH POINT. The "closed cup flash point" is the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

11.3.44

CLUB OR LODGE, PRIVATE (NONPROFIT). A "private club or lodge" is a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and local laws.

11.3.45

COMMUNITY LIVING ARRANGEMENT. (CLA) Any of the following facilities licensed or operated or permitted under the authority of the state department of health services or the state department of children and families; child welfare agencies under §48.60, Wis. Stats.; group homes for children under §48.02(7), Wis. Stats.; a foster family home or adult family home under §50.01(1), Wis. Stats.; residential care apartment complexes under §50.01(6d), Wis. Stats.; and community-based residential facilities under §50.01(1)(g), Wis. Stats. Such facilities are further classified as follows: (Am. #3719)

a.

Class I Facility. A CLA that has capacity for 8 or fewer persons being served by the program.

b.

Class II Facility. A CLA which has capacity for 9—15 individuals being served by the program.

c.

Class III Facility. A CLA, which has a capacity for serving 16, or more persons.

11.3.46

COMMUNITY SERVICES INSTITUTION. A facility operated by a governmental agency, or by a nonprofit organization engaged in a public service activity, which is devoted to those uses which give service to the community on a nonprofit basis.

11.3.47

CONFORMING BUILDING OR STRUCTURE. A "conforming building or structure" is any building or structure which:

a.

Complies with all the regulations of this chapter, or of any amendment hereto, governing bulk for the zoning district in which such building or structure is located; or

b.

Is designed or intended for a conforming use. Example: An office building in a Commercial district of a factory building in an Industrial district.

11.3.48

CURB LEVEL. The "curb level" for any building is the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level."

11.3.49

DAY CARE FACILITIES. Facilities, other than schools, furnishing care, supervision, and/or guidance of a group of children not having the same parentage, for periods of less than 24 hours per day, and which are licensed by the State and conducted in accordance with State requirements, shall be defined as follows:

a.

Family Day Care Homes. An occupied dwelling, licensed as a day care facility by the Department of Health and Social Services, where care is provided for not more than 8 children. A "family day care home" is allowed in any zoning district in which single-family residences are permitted and is subject to any regulations applied to similar dwellings in the district.

b.

Day Care Centers. Any place other than an occupied dwelling where care is provided for more than 8 children and is licensed by the Department of Health and Social Services.

11.3.50

DECIBEL. A "decibel" is a unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound, are calibrated in "decibels."

11.3.51

DECIDUOUS PLANT. A woody plant with foliage that is shed at the end of the growing season and grows anew in the spring.

11.3.52

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including by not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavating, drilling operations, and deposit of materials.

11.3.53

DEVELOPMENT HOLDING DISTRICT. The DH, Development Holding district is a zoning district designed to be mapped in the outlying undeveloped areas of the City wherein there is no positive indication of a land-use trend and premature development might be disadvantageous both to the occupant and to the City. The primary purpose of this district is to preserve such areas in low-intensity, nonstructure use until such time as large-scale development is proposed or a definite land-use trend becomes apparent.

11.3.54

DISTRICT. A "district" is a portion of the territory of the City of Beloit within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

11.3.55

DRAINAGE SYSTEM. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

11.3.56

DRIVE-IN USE. An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in or on their motor vehicle. "Drive-in use" includes all types of "drive-up" and "drive-through" uses. (Rep. & recr. #3109)

11.3.57

DRIVEWAY. A "driveway" is an area defined by gravel, limestone, or paving not to exceed 24 feet in width, located wholly within the boundaries of privately held property and intended as an access from the public right-of-way to an allowed parking space or area. The term "driveway" shall not include parking spaces or areas, or turnarounds.

11.3.58

RESERVED. (Rep. #3346)

11.3.59

DWELLING. A "dwelling" is a building, a portion of a building, a manufactured building, a manufactured dwelling, or a manufacture home (but not a mobile home), designed or used exclusively for residential occupancy, including single-family, two-family, and multiple-family dwellings, but not including hotels, or lodging houses.

11.3.60

DWELLING, MULTIPLE-FAMILY. A "multiple-family dwelling" is a building, or portion thereof, containing 3 or more dwelling units.

11.3.61

DWELLING, SINGLE-FAMILY. A "single-family dwelling" is a building containing one dwelling unit only.

11.3.62

DWELLING, ATTACHED. An "attached dwelling" is one which is joined to another dwelling at one or more sides by a party wall or walls.

11.3.63

DWELLING, DETACHED. A "detached dwelling" is one which is entirely surrounded by open space on the same lot.

11.3.64

DWELLING, TWO-FAMILY. A "two-family dwelling" is a building containing two dwelling units.

11.3.65

DWELLING UNIT. A "dwelling unit" is any habitable room or a group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals for one family only.

11.3.66

EFFICIENCY UNIT. An "efficiency unit" is a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

11.3.67

RESERVED. (Rep. #3346)

11.3.68

ENVIRONMENTAL CONTROL FACILITY. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

11.3.69

ESTABLISHMENT, BUSINESS. A "business establishment" is a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

11.3.70

EVERGREEN PLANT. A woody plant with foliage that persists and remains green year-round; usually but not always a conifer (cone bearing) plant.

11.3.71

EXISTING MOBILE OR MANUFACTURED HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous parcels) of land division into 2 or more mobile or manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile or manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of floodplain management regulations adopted by a community.

11.3.72

EXPANSION OF EXISTING MOBILE/MANUFACTURED HOME PARK. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be placed. This includes installation of utilities, either final site grading, pouring pads, or construction of streets.

11.3.73

FAMILY. A "family" consists of one or more persons each related to the other by blood, marriage, or adoption, who are living together in a single dwelling and maintaining a common household. A "family" includes any domestic servants; foster children and not more than 2 roomers residing with said "family."

11.3.74

FENCE. An unroofed structure, solid or otherwise, which is a barrier and typically used as a boundary or means of protection, confinement, or concealment. (#1584, 11-20-78; Am. #3359)

11.3.75

FENCE, SIGHT-OBSCURING. A fence which is designed to be 100 percent opaque and is constructed so as to be completely solid and completely screens one's view from any angle. Slatted chain-link fencing is not considered a sight-obscuring fence because they are not 100 percent opaque.

11.3.76

FENCING, SIGHT-OBSTRUCTING. A fence that is more than 50 percent opaque when viewed from an angle perpendicular to the fence.

11.3.77

FENCING, NONSIGHT-OBSTRUCTING. A fence not more than one inch thick in width or depth, excluding posts and rails, that is at least 50 percent open when viewed from an angle perpendicular to the fence.

11.3.78

FILLED WETLAND. A wetland that has been filled to the extent that the area no longer retains the characteristics of a wetland.

11.3.79

FIXED HOUSEBOAT. A structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

11.3.80

RESERVED. (Rep. #3346)

11.3.81

RESERVED. (Rep. #3346)

11.3.82

RESERVED. (Rep. #3346)

11.3.83

FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation of runoff of surface waters from any sources.

11.3.84

RESERVED. (Rep. #3346)

11.3.85

RESERVED. (Rep. #3346)

11.3.86

RESERVED. (Rep. #3346)

11.3.87

FLOODPLAIN. The floodplain is the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe.

11.3.88

RESERVED. (Rep. #3346)

11.3.89

RESERVED. (Rep. #3346)

11.3.90

FLOOR AREA (FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS). "Floor area" when prescribed as the basis of measurement for off-street parking spaces and loading berths for any use shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, "floor area" for the purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

11.3.91

FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO). For the purpose of determining the floor area ratio, the "floor area" of a building is 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 2 buildings. The "floor area" of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of 7 feet 10 inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area." The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; i.e., 10 feet in height shall equal one floor.

11.3.92

FREE BURNING. "Free burning" implies a rate of combustion described by a material which burns actively and easily supports combustion.

11.3.93

RESERVED. (Rep. #3346)

11.3.94

FREQUENCY. The term "frequency" signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

11.3.95

FRONTAGE, ZONING LOT. The "frontage of a zoning lot" is the length of all the property of such zoning lot fronting on a street, measured between side lot lines.

11.3.96

GRADE, LOT. The "grade" of a lot is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

11.3.97

GRADE, STREET. "Street grade" is the finished elevation at the centerline of the pavement, as determined by the City Engineer.

11.3.98

GROSS FLOOR AREA. "Gross floor area" is the total area of all habitable space in a building or structure.

11.3.99

GROSS PARKING LOT AREA. The area of all parking spaces and traffic aisles. Access drives shall not be considered a part of the gross parking lot area.

11.3.100

GROUNDCOVER PLANT. A low-growing perennial, shrub or vine that will spread rapidly, grow close to the ground and create a thick, low-maintenance covering that binds and protects the soil. May be deciduous or evergreen and generally is under 18 inches in height.

11.3.101

GUEST HOUSE. A "guest house" is a detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests; such quarters shall not be rented.

11.3.102

HABITABLE BUILDINGS. Any building, or portion thereof, used for human habitation.

11.3.103

HABITABLE SPACE. "Habitable space" is space in a structure used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, or any space where the floor to ceiling height is less than 7 feet and similar areas are not considered habitable spaces.

11.3.104

HEIGHT, BUILDING. See "Building Height"

11.3.105

RESERVED. (Rep. #3346)

11.3.106

HOME OCCUPATION. A business, profession, occupation or trade conducted for gain within a dwelling unit by a resident of the subject dwelling unit. See Section 6.3.2 for regulations.

11.3.106.5

HOSPICE FACILITY. A facility licensed by the state department of health services that primarily provides palliative and supportive care and a place of residence to individuals with terminal illness and provides or arranges for short-term inpatient care as needed. (Cr. #3719)

11.3.106.7

HOSPITAL. An institution, licensed by the state department of health services, providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities. (Cr. #3719)

11.3.107

HOTEL. A "hotel" is an establishment which is open to transient guests, in contradistinction to a boarding house or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

11.3.108

HOTEL, APARTMENT. An "apartment hotel" is a hotel, which at least 90 percent of the hotel accommodations are available for occupancy by permanent guests renting on a monthly basis.

11.3.109

HUMAN HABITATION. A human residence or dwelling.

11.3.110

INCOMPATIBLE USE. An "incompatible use" is a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.

11.3.111

RESERVED. (Rep. #3346)

11.3.112

INDUSTRIAL PARK. An "industrial park" is a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

11.3.113

INTEGRATED CENTER. An "integrated center" is a grouping of compatible uses on a single zoning lot, such uses being in single ownership or under unified control.

11.3.114

INTENSE BURNING. "Intense burning" implies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

11.3.115

JUNK YARD. A "junk yard" is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

11.3.116

KENNEL. A "kennel" is any premises on which dogs or cats are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

11.3.117

LANDSCAPE UNITS (LUS). A numerical value given to landscape materials, based on their relative size, screening and spacing characteristics. This is used to help determine if an existing or proposed landscape planting meets the landscaping requirements of this chapter for a particular land use.

11.3.118

LANDSCAPING. A combination of deciduous and/or evergreen trees, shrubs, perennials, ground covers and lawn usually arranged in harmonious and attractive groupings to soften the hard lines, surfaces and elements of the human built urban environment.

11.3.119

LAWN. One or a mixture of more than one different type of perennial grasses that will spread rapidly, grow close to the ground and create a thick covering that binds and protects the soil. Generally maintained at no more than 3 inches to 6 inches in height.

11.3.120

LIMITED ACCESS HIGHWAY. A "limited access highway" is a trafficway, including toll roads, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

11.3.121

LODGING HOUSE. A "lodging house" is a residential building, or portion thereof, other than a motel, apartment hotel, or hotel, containing lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.

11.3.122

LODGING ROOM. A "lodging room" is a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this chapter.

11.3.123

LOT. A "lot" is a zoning lot, except as the context shall indicate a lot of record, in which case a "lot" is a lot of record.

11.3.124

LOT AREA, GROSS. The "gross lot area" is the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

11.3.125

LOT, CORNER. A "corner lot" is a lot situated at the intersection of 2 streets, the interior angle of such intersection not exceeding 135 degrees.

11.3.126

LOT DEPTH. The "lot depth" is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

11.3.127

LOT LINE, FRONT. The "front lot line" shall be that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. At the time of application for a zoning certificate, the owner of a corner lot may select either street lot line as the front lot line. Where either lot line abuts a major or arterial street, all conditions governing access to such major or arterial street as provided in the Beloit Subdivision Regulations shall be complied with.

11.3.128

LOT LINE, REAR. The "rear lot line" shall be that boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.

11.3.129

LOT LINE, SIDE. The "side lot line" shall be any boundary of a lot which is not a front lot line or a rear lot line.

11.3.130

LOT OF RECORD. A "lot of record" is a lot which is part of a subdivision the plat of which has been recorded in the office of the Recorder of Deeds of Rock County; or a parcel of land, the deed to which was recorded in the office of said Recorder prior to the adoption of this chapter.

11.3.131

LOT, REVERSED CORNER. A "reversed corner lot" is a 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.

11.3.132

LOT, THROUGH. A "through lot" is a lot having a pair of opposite lot lines along 2, more or less, parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.

11.3.133

LOT WIDTH. The "lot width" is the horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front setback line.

11.3.134

LOT, ZONING. A "zoning lot or lots" is a 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. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

11.3.135

MANUFACTURED DWELLING. Any structure or component thereof which is intended for use as a dwelling and:

a.

Is of closed construction and fabricated or assembled on-site or off-site in manufacturing facilities for installation, connection or assembly and installation at the building site; or

b.

Is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation on the building site and for which certification is sought by the manufacturer pursuant to the Uniform Dwelling Code, Chapters ILHR 20-25 of the Wisconsin Administrative Code.

The term "manufactured dwelling" does not include a building of open construction, which is not subject to paragraph b. A single or double width manufactured home is not considered a manufactured dwelling and is not subject to the Uniform Dwelling Code, Chapters ILHR 20-25 of the Wisconsin Administrative Code.

11.3.136

MANUFACTURED BUILDING. A "manufactured building" means any structure or component thereof which is intended for use as a dwelling and:

a.

Is of closed construction and fabricated or assembled on-site or off-site in manufacturing facilities for installation, connection or assembly and installation at the building site; or

b.

Is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection or assembly and installation, on the building site and for which certification is sought by the manufacturer under the Manufactured Building Code, §§101.70 through 101.77, Wis. Stats.

"Manufactured building" does not mean any manufactured home or mobile home under §101.91, Wis. Stats., subject to paragraph b.

11.3.137

MANUFACTURED HOME. A "manufactured home" is a structure which has been certified and labeled as a manufactured home under 42 U.S.C. § 5401-5426, or which has been certified and labeled as a manufactured home under §§101.90 through 101.96, Wis. Stats., and Chapter ILHR 27 of the Wisconsin Administrative Code, and:

a.

Is designed to be used as a dwelling, and

b.

When placed on-site:

1.

Is set upon an enclosed permanent foundation upon land which is owned by the manufactured home owner, and

2.

Is off its wheels, and

3.

Is properly connected to utilities, and

4.

Is installed in accordance with the manufacturer's instructions or a plan certified by a registered architect or engineer so as to insure proper support for the home, and

5.

Has no tow bars, wheels or axles attached to it.

No manufactured home which bears a label certifying approval under 42 U.S.C. § 5401-5426 or §§101.90 through 101.96, Wis. Stats., shall be required to comply with any building, plumbing, heating or electrical code or any construction standards other than those promulgated under those laws. In all other respects, manufactured homes are subject to the same standards as site built homes.

11.3.138

MARQUEE OR CANOPY. A "marquee or canopy" is a roof-like structure of a permanent nature which projects from the wall of a building.

11.3.139

MATURE TREE. Any tree having a caliper of 6 inches or greater. The caliper can be calculated by using the formula: {2 × (square root of the circumference) ;div; 3.1416}.

11.3.140

MEZZANINE. A "mezzanine" is an intermediate or fractional story between the floor and ceiling of a full story, used for a purpose accessory to the principal use. Normally, a mezzanine is just above the ground or main floor, extending over only part of the main floor.

11.3.141

MICROBREWERY. A business establishment in which specialty, small quantity beers are brewed, packaged, and shipped, and in which food and alcoholic beverages are served.

11.3.142

MIXED-USE RESIDENTIAL/COMMERCIAL DEVELOPMENT. The development of a tract of land, or building with a variety of integrated uses, such as, but not limited to residential, office, retail, public, entertainment, or recreational in a compact urban form. The mixed-use development may include land uses not ordinarily allowed by the base zoning classification, especially when a single development plan is not feasible. The mixed-use development shall not be used as a device for circumventing the City's development regulations, and may be employed only in instances where there is benefit derived for the community and the developer. The ranges or ratios of residential uses to nonresidential uses shall not be less than 7:1 as measured by floor area. The mixed-use project shall be developed in accordance with a detailed site plan.

11.3.143

MOBILE HOME. A "mobile home" is a vehicle manufactured or assembled prior to June 15, 1976, designed to be towed as a single unit or in sections on 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 a structure which has been certified and labeled as a manufactured home under 42 U.S.C. § 5401-5426, or which has been certified and labeled as a manufactured home under §§101.90 through 101.96, Wis. Stats., and Chapter ILHR of the Wisconsin Administrative Code, if the structure:

a.

Is not set upon an enclosed permanent foundation upon land owned by the mobile home owner, or

b.

Is on wheels, or

c.

Is not properly connected to utilities, or

d.

Has tow bars, wheels or axles attached to it, or

e.

Has not been installed in accordance with the manufacturer's instructions or a plan certified by a registered architect or engineer so as to insure proper support for the structure.

11.3.144

MOBILE HOME PARK. See definition of "Mobile Home Park" in §21.01 of the Code of General Ordinances.

11.3.145

MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into 2 or more mobile or manufactured home lots for rent or sale.

11.3.146

MODERATE BURNING. "Moderate burning" implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.

11.3.147

MOTEL. A "motel" is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A "motel" furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a "motel" less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

11.3.148

MOTOR FREIGHT TERMINAL. A "motor freight terminal" is a building or area in which freight brought by motor truck is assembled and/or stored for routing in intra-state and interstate shipment by motor truck.

11.3.149

MOTOR VEHICLE. A "motor vehicle" is any passenger vehicle, truck, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

11.3.150

NAVIGABLE WATERS. Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.

11.3.151

RESERVED. (Rep. #3224)

11.3.152

RESERVED. (Rep. #3224)

11.3.153

RESERVED. (Rep. #3224)

11.3.154

NORMAL MAINTENANCE. "Normal maintenance" is the prevention of deterioration by means of repair and/or replacements.

11.3.155

NURSING HOME. A facility licensed by the state department of health services that provides 24-hour access to limited, intermediate level, and skilled nursing care, rehabilitation, and other services for the chronically ill and for patients who require access to such services while convalescing or recuperating from an illness or medical procedure or treatment. (Cr. #3719)

11.3.156

OCTAVE BAND. An "octave band" is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

11.3.157

OCTAVE BAND FILTER. An "octave band filter" is an electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

11.3.158

ODOROUS MATTER. "Odorous matter" is any matter or material that yields an odor which is offensive in any way.

11.3.159

RESERVED. (Rep. #3346)

11.3.160

RESERVED. (Rep. #3346)

11.3.161

RESERVED. (Rep. #3346)

11.3.162

ORNAMENTAL TREE. A small deciduous or evergreen tree planted primarily for its ornamental value and/or screening ability. (Mature height is usually 15 feet to 30 feet).

11.3.163

PARKING LOT, LARGE. Parking lots with 101 parking spaces or more.

11.3.164

PARKING LOT, MEDIUM. Parking lots with 26 to 100 parking spaces.

11.3.165

PARKING LOT, SMALL. Parking lots with 25 or fewer parking spaces.

11.3.166

PARKING, OFF-STREET. "Off-street parking" is parking located outside of public rights-of-way and is not intended to include terrace parking.

11.3.167

PARTICULATE MATTER. "Particulate matter" is dust, smoke, or any other form of airborne pollution in the form, of minute separate particles.

11.3.168

PAWN SHOP. A business which engages in the lending of money on the deposit or pledge of any article or jewelry, or the purchasing of any article or jewelry with any expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.

11.3.169

PERENNIAL PLANT. A nonwoody, herbaceous plant that lives longer than 3 years and usually has outstanding flowering characteristics.

11.3.170

PERSON. A Natural person, corporation, partnership, association, cooperative, or other organization.

11.3.171

PLANNED DEVELOPMENT. A "planned development" is a tract of land which contains or will contain 2 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.

11.3.172

PLANTING BED. An unpaved porous area devoted only to the support of living plant material and having a minimum depth of 2 feet of good loam soil.

11.3.173

PRIVATE SEWAGE SYSTEM. A sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the Department of Industry, Labor and Human Relations including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

11.3.174

PROFESSIONAL OFFICE IN A HOME. A "professional office in a home" shall mean the office or studio in the residence of a person engaged in a recognized professional specialty and including the fields of religion, architecture, engineering, law, medicine, personal health service, and instruction in the liberal or fine arts, provided that such use shall comply with all of the conditions of a "home occupation."

11.3.175

PROPERTY LINES. "Property lines" are the lines bounding a zoning lot, as defined herein.

11.3.176

PROTECTED USE. Any of the following: (a) A church, synagogue, mosque, or other place of worship; (b) a day care facility or elementary or secondary school; or (c) a public park, playground, playing field, or other public recreational area.

11.3.177

PUBLIC WAY. A "public way" is any sidewalk, street, alley, highway, or other public thoroughfare.

11.3.178

RAILROAD RIGHT-OF-WAY. A "railroad right-of-way" is a 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.

11.3.179

REACH, HYDRAULIC. A hydraulic reach along a river or stream is that portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks in the slope of the water surface profile, and may be caused by bridges, dams, expansion and contraction of the water flow, and changes in stream bed slop or vegetation.

11.3.180

RESERVED. (Rep. #3346)

11.3.181

RESERVOIR PARKING. "Reservoir parking" facilities are those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

11.3.182

RESERVED. (Rep. #3719)

11.3.183

RINGELMANN CHART. The "Ringelmann Chart" is one which is described in the U.S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke and smoke density.

11.3.184

RINGELMANN NUMBER. The "Ringelmann Number" is the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.

11.3.185

ROADSIDE STAND. A "roadside stand" is a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

11.3.186

ROOT ZONE, CRITICAL. The area around the trunk of a tree defined by a circle with the tree as its center. The caliper of such circle shall be one foot for every one-inch caliper of the tree.

11.3.187

ROOT ZONE, TOTAL. The area around the trunk of a tree defined by a circle with the tree as its center. The radius of such circle shall be one foot for every one-inch caliper of the tree.

11.3.188

RUMMAGE SHOP. A nonprofit business which engages in the purchasing or selling of secondhand articles. Secondhand means any articles which have been owned by any person previously. Newly made articles are not included. Transactions not to be included as secondhand include garage or yard sales, estate sales, junk collection, junk dealing, auctions, scrap processing, and gun, knife, gem, or antique shows, auctions, or conventions.

11.3.189

SCREEN. A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious or attractive elements such as plants, berms, fences, walls, or any appropriate combination thereof.

11.3.190

SCREENING. "Screening" is a hedge, wall or fence to provide a visual separation and physical barrier not less than 3 feet nor more than 8 feet in height, unless otherwise provided for in this chapter.

11.3.191

SECONDHAND STORE. A for-profit business which engages in the purchasing or selling of secondhand articles. Secondhand means any articles which have been owned by any person previously. Newly made articles are not included. Transactions not to be included as secondhand include garage or yard sales, estate sales, junk collection, junk dealing, auctions, scrap processing, and gun, knife, gem, or antique shows, auctions or conventions.

11.3.192

SELF-SERVICE STORAGE FACILITY. "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property.

11.3.193

SETBACK. "Setback" is the minimum distance by which any building or structure must be separated from a street right-of-way or property line. (Am. #3359)

11.3.193.1

SETBACK, FRONT. A setback extending across the full width of a lot between the front property line and the setback line. (Cr. #3359)

11.3.193.2

SETBACK, INTERIOR SIDE. A setback extending across the full width of a lot between an interior side property line and the setback line. (Cr. #3359)

11.3.193.3

SETBACK, REAR. A setback extending across the full width of a lot between the rear property line and the setback line. (Cr. #3359)

11.3.193.4

SETBACK, STREET-SIDE. A setback extending across the full width of a lot between a street-side property line and the setback line. (Cr. #3359)

11.3.193.5

SETBACK AREA. That area between a property line and a line parallel thereto at a distance equal to the appropriate setback distance. (Cr. #3359)

11.3.193.6

SETBACK LINE. The line designating the distance which buildings must be set back from an existing or proposed property line. (Cr. #3359)

11.3.194

SHADE TREE. Usually a deciduous tree, sometimes an evergreen, planted primarily for its high crown of foliage or broad overhead canopy. (Mature height usually exceeds 30 feet.)

11.3.195

SHORELAND-WETLAND DISTRICT. The zoning district comprised of shorelands that are designated as wetlands identified on the wetlands inventory maps which have been adopted and made a part of this section.

11.3.196

SHORELANDS. Lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

11.3.197

SHRUB. A deciduous or evergreen woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground. (Mature height is usually 2 to 15 feet.)

11.3.198

SILVICULTURE. A branch of forestry dealing with the development and care of forests.

11.3.199

SLOW BURNING OR INCOMBUSTIBLE. "Slow burning" or "incombustible" implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for 5 minutes to a temperature of 1,200° F, shall be designated incombustible.

11.3.200

SOLID WASTE FACILITIES. Solid waste facilities include certain uses and structures which are defined and distinguished as follows:

a.

"Sanitary Landfill" means a land disposal site or facility conforming to the applicable requirements of Chapter NR180, Wisconsin Administration Code.

b.

"Open Dump" means a land disposal site or facility, which is not a sanitary landfill.

c.

"Land Disposal Site or Facility" means a solid waste disposal site or facility where solid waste is placed on land, in a land spreading facility, a landfill, or surface impoundment facility for disposal purposes.

d.

"Incinerator" means a solid waste facility designed and operated for controlled burning of solid waste primarily to achieve volume and weight reduction and/or to change waste characteristics.

e.

"Transfer Station" means a solid waste disposal site or facility at which transferring of solid waste from one vehicle or container to another, generally of larger capacity, occurs prior to transporting to the point of processing or disposal.

f.

"Storage Site or Facility" means a solid waste disposal site or facility for the storage of solid waste, on a temporary basis in such a manner as not to constitute ultimate disposal of solid waste.

g.

"Collection and Transportation Service" means a solid waste disposal operation which utilizes containers, vehicles or other means for the collection and transportation of solid waste.

h.

"Processing Facility" means a solid waste disposal site or facility at which solid waste is baled, shredded, pulverized, composted, classified, separated or altered by some means to facilitate further transfer, processing, utilization or disposal.

11.3.201

SOUND LEVEL. The "sound level" of an operation or use is the intensity of sound, measured in decibels, produced by such operation or use.

11.3.202

SOUND LEVEL METER. A "sound level meter" is an instrument standardized by the American Standards Association for measurement of intensity of sound.

11.3.203

SPECIFIED ANATOMICAL AREAS. Any of the following:

a.

Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed.

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

11.3.204

SPECIFIED SEXUAL ACTIVITIES. Any of the following:

a.

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated;

d.

Human genitals in a state of sexual stimulation, arousal, or tumescence;

e.

Excretory functions as part of or in connection with any of the activities set forth in a., b., c., or d. of this definition.

11.3.205

START OF CONSTRUCTION. The start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footing, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

11.3.206

RESERVED. (Rep. #3346)

11.3.207

STORY. That portion of a building, other than a basement or mezzanine, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, a basement shall be counted as a story when more than one-half of such basement height is above the established curb level or above the finished lot grade level where curb level has not been established. A mezzanine shall be deemed a full story where it covers more than 50 percent of the area of the ground story.

11.3.208

STREET. A "street" is a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to individual buildings.

11.3.209

STRUCTURAL ALTERATION. A "structural alteration" is any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

11.3.210

STRUCTURE. Anything constructed or erected, the use of which requires a permanent or temporary location on or in the ground, stream bed or lake bed, which includes, but is not limited to, objects such as buildings, factories, sheds and cabins, mobile homes, gas or liquid storage tanks, bridges or culverts.

11.3.211

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, include either:

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components, including electrical, plumbing, heating, ventilating and air conditioning systems.

11.3.212

TENT. A "tent" is any structure or enclosure, the roof of which and/or one-half or more of the sides, are constructed of silk, cotton, canvas, fabric, or a similar light material.

11.3.213

THREE-COMPONENT MEASURING SYSTEM. A "three-component measuring system" denotes instrumentation which can measure earth-borne vibrations in 3 directions, that is, vibration occurring in a horizontal as well as vertical plane.

11.3.214

TOXIC MATTER OR MATERIALS. "Toxic materials" are materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

11.3.215

TRAFFIC AISLES. A traveled way by which cars enter and depart parking spaces and do not directly access the adjoining street system.

11.3.216

USE. The active and actual use of land or a structure as opposed to potential use, intended use, occasional use or sporadic use. (Am. #3224)

11.3.217

USE, CONDITIONAL. A "conditional use" is a use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted.

11.3.218

USE, PERMITTED. A "permitted use" is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such district.

11.3.219

USE, PRINCIPAL. A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional."

11.3.220

UTILITIES. Any public or private water supply, or waste collection and/or disposal system, including but not limited to; septic systems, private and public wells, and their attendant facilities, public sewage collection systems and treatment facilities.

11.3.221

VIBRATIONS. "Vibrations" is the periodic displacement, measured in inches, on earth.

11.3.222

VISION TRIANGLE. The land area in which nothing may be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of 30 inches above curb grade and 10 feet above curb grade within the triangular area described in Section 8-400. (Am. #3355)

11.3.223

WETLAND ALTERATION. Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

11.3.224

WETLANDS. Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

11.3.225

ZONING DISTRICT. A "zoning district" is an area or areas within the City of Beloit for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.

11.3.226

ZONING OFFICER. The person designated by the City Manager to administer and enforce the Zoning Ordinance.

11.3.227

ZONING PERMIT. A land use permit or building permit for "wetland alteration" under this section or wetland "development," as that term is defined in this subsection.