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Black Earth Village
City Zoning Code

ARTICLE XI

Definitions

§ 310-80 Word usage and definitions.

For the purpose of this chapter, certain words are defined as follows. The word "building" includes the word "structure," and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING
A building or portion of a building subordinate to the main building but not part of the main building and used for a purpose customarily incidental to the permitted use of the main building.
ACCESSORY DWELLING UNIT (ADU)
One secondary dwelling unit on a residentially-zoned parcel which shall be smaller than the primary structure or dwelling on the residentially zoned lot. The ADU shall be less than or equal to 900 square feet, contain two or fewer bedrooms, and possess its own entrance, complete kitchen, plus bath and toilet facilities. The ADU could be within the existing structure (basement or attic), an addition to an existing structure, or a detached structure. Utilities could be separately provisioned from the primary dwelling. The Village will check to ensure adequate utilities are A) available and B) provisioned before the unit may be inhabited space.
ACCESSORY USE
Any facility, structure, building or use which is accessory or incidental to the principal use of a property, structure, or building.
AGRICULTURAL USE
Includes farming, dairying, pasturage, agriculture, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
ALLEY
A street or thoroughfare affording only secondary access to abutting property.
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION
An elevation equal to that which reflects the height of the base flood as defined above.
BASEMENT
That portion of any structure located partly below the average adjoining lot grade.
BUILDING
Any structure used, designed, or intended for the protection, shelter, enclosure or support of persons or property.
BUILDING, HEIGHT OF
The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof, or to the peak height of the gable of a gambrel, hip or pitch roof.
CERTIFICATE OF COMPLIANCE
A certification by the zoning administrator that a structure, use, or development is in compliance with all provisions of this chapter.
CHANNEL
A natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.
CONDITIONAL USE
A use of land, water or building which is allowable only after the issuance of a special permit by the Village Board under conditions specified in this chapter.
CORNER LOT
A lot abutting two or more streets at their intersection.
DENSITY
Number of living units per acre allowable under the Schedule of Regulations.[1]
DETACHED STRUCTURE
A structure surrounded by open space on the same lot.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings or other structures or accessory uses; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation or drilling operations; or deposition of materials.
DWELLING, MULTIFAMILY
A building or portion thereof designed for and occupied by three or more families.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family. Excludes mobile home units.
EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile 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.
FAMILY
A group of persons related by blood or marriage and living together as a single household entity.
FLOOR AREA RATIO
The square footage of floor area on all floors for each square foot of lot area.
FRONTAGE
The smallest dimension of a lot abutting a public street measured along the street line.
GARAGE, PRIVATE
An accessory building or space for the storage only of not more than three motor-driven vehicles per dwelling.
GARAGE, PUBLIC
Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE
Any building or premises used for storage of motor-driven vehicles and where no vehicles are serviced, repaired, hired or sold.
HOME OCCUPATION
A gainful occupation conducted by occupants only within their place of residence, provided that no mechanical equipment is used other than such as is permissible for domestic purposes and that no more than one person other than a member of the immediate family living on the premises is employed.
HOTEL or MOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation.
IMPERVIOUS SURFACE AREA RATIO
The ratio of the total non-permeable area of a site (including but not limited to buildings, structures, pavement such as sidewalks and driveways) to its total site (lot) area.
LAND USE
Any development as defined above.
LOADING AREA
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building together with the open space required by this chapter and on a public street.
LOT LINES
The lines bounding lots as defined herein.
LOT WIDTH
The shortest distance between side lot lines measured at the building setback line.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
MINOR STRUCTURE
Any small, movable accessory erection or construction, such as birdhouses, toolhouses, pet houses, play equipment, arbors, and walls and fences under four feet in height.
MOBILE HOME
Any vehicle designed, used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a residence or sleeping place for one or more persons.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this chapter or amendments thereto, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.
OPEN SPACE
Total area in square feet of the land area within the site excluding primary or accessory structures.
OPEN SPACE RATIO
The square footage of site open space provided for each foot of building floor area.
PRINCIPAL BUILDING
The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.
RECREATION SPACE
Total area in square feet of open space suitable for recreational pursuits, not paved in streets, walks or driveways. The smallest countable recreation area is 5% of total site area.
SETBACK
The minimum horizontal distance between the street line and the nearest point of a building or any projection thereto.
SIGN
Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product and which are visible from any public street or highway.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET
All property dedicated or intended for public or private street purposes or subject to public easements.
STREET LINE
A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any substantial change in the roof or in the exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% 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 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 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.
UTILITY
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.
VISION CLEARANCE
An unoccupied triangular space at the corner of a corner lot which is bounded by the street lines and a setback line connecting points determined by measurements from the corner of each street line.
YARD
Any open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
A. 
Standard lot.
B. 
Substandard lot (corner lots).
YARD, FRONT
A yard extending the full width of the lot between the front lot line and the nearest part of the main building.
YARD, REAR
A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building.
YARD, SIDE
A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
ZERO-LOT LINE
A. 
The concept whereby a dwelling unit has a building facade on a property line (detached zero lot line); or dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units. Houses placed within a zero-lot line development shall comply with all applicable standards, except that only one side yard setback exists on a lot (the other side yard is 0 ft). For example, if the district requires a side yard setback of eight feet on both sides, the zero-lot line house shall be placed so that the one side yard setback is eight feet or greater.
B. 
Intent. The intent of a zero-lot line development is to develop housing on narrow lots and/or to maximize useable yard area. Creation of zero-lot line developments also expands the range of housing options in the Village and allows the creation of affordable housing.
C. 
Construction and maintenance agreement required. Each detached zero-lot line lot shall have a construction and maintenance agreement, which shall specify the rights and obligations of the property owners and include an easement from the adjoining lot to allow construction and maintenance of the side of the house on the lot line. Each attached zero-lot line dwelling shall be subject to a maintenance agreement that specifies the rights and obligations of the property owners. The units may or not have separate water, electricity, natural gas, and utility laterals. If utility meters or infrastructure is shared, this shall be clarified in the construction and maintenance agreement. The construction and maintenance agreement shall be in a form satisfactory to the Village and must be fully executed and submitted for recording at the Dane County Register of Deeds prior to issuance of a building permit.
[1]
Editor's Note: See Attachment 1, Bulk Standards Table, included as an attachment to this chapter.