This chapter is adopted pursuant to the authority granted by and limitations imposed by the constitution and laws of the state and other relevant provisions of state statutory and common law, including, but not limited to, Wis. Stats. chs. 61 and 66 and Wis. Stats. § 62.23.

(Ord. of 4-3-2006, § 17.001)

This chapter shall apply to all structures, land, air space, and surface and subsurface waters, within the village and to all or part of the extraterritorial zoning jurisdiction of the village as expressly stated in this chapter or in other ordinances or resolutions of the village.

(Ord. of 4-3-2006, § 17.003)

The overall purpose of this chapter is to protect and promote the public health, safety, comfort, convenience and general welfare of the community. Additional purposes of this chapter are to:

(1)

Lessen street congestion;

(2)

Secure safety from fire, panic and other dangers;

(3)

Provide adequate light and air, including access to sunlight for solar collectors and wind for wind energy systems;

(4)

Encourage the protection of groundwater resources;

(5)

Prevent the overcrowding of land;

(6)

Prevent the undue concentration of population; and

(7)

Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

These regulations are designed in consideration of the suitability of particular land uses for particular districts, to preserve the value of buildings and to encourage the most appropriate use of land throughout the village.

(Ord. of 4-3-2006, § 17.004)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, permits previously adopted or issued pursuant to laws, or any constitutionally protected vested right.

(Ord. of 4-3-2006, § 17.005)

(a)

In the interpretation and application of this chapter, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village, and shall not be construed to be a limitation or repeal of any other power granted by state statutes.

(b)

No structure shall be constructed, erected, modified, converted, enlarged, reconstructed, altered, placed or maintained, and no land shall be used, modified or maintained for any purpose which is not in conformity with the provisions of this chapter.

(Ord. of 4-3-2006, § 17.006)

(a)

If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in said judgment.

(b)

The village does not guarantee, warrant or represent that only those areas designated as floodlands or wetlands will be subject to periodic inundation, or that those soils listed as unsuitable for various uses are the only unsuitable soils, and hereby asserts that there is no liability on the part of the village, its agencies or employees for any flood damage, sanitation problems, structural or other damages that may occur as a result of reliance upon and conformance with this chapter.

(Ord. of 4-3-2006, § 17.007)

This chapter, in part, carries forward by reenactment some of the provisions of the regulations governing zoning and related matters, being previously known as the "Village of Clinton Zoning Code," adopted prior to the effective date of the ordinance from which this chapter is derived. It is not the intent of this chapter to repeal, but rather to reenact and continue in force such existing provisions so that any rights and liabilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this chapter or altered by the official zoning map. All provisions of the former zoning code which are not reenacted herein are hereby repealed. The adoption of the ordinance from which this chapter is derived shall not adversely affect the village's right to prosecute any violation of the predecessor zoning code, provided the violation occurred while that code was in effect. All other ordinances, maps, or parts of ordinances of the village inconsistent or conflicting with this chapter, to the extent of the inconsistency only, are hereby repealed, including, without limitation, previously adopted zoning ordinances.

(Ord. of 4-3-2006, § 17.008)

(a)

Enforcement. The zoning administrator shall enforce the provisions of this chapter unless expressly stated otherwise.

(b)

Violations. Unless otherwise expressly allowed by this chapter or state law, no person shall construct or use any structure, land or water in violation of this chapter. Violations of this chapter shall be subject to the penalties and enforcement provisions of this chapter. Each day that a violation remains uncorrected after notice of the violation is provided by the village to the person responsible for such construction or use shall constitute a separate and additional violation of this chapter.

(c)

Liability. Any person, firm, corporation or agent who creates or participates in any action contrary to the requirements of this chapter may be held responsible and liable for the violation and may each be subject to the penalties and remedies described in this chapter.

(d)

Remedies and enforcement. The village shall have the following remedies and enforcement powers:

(1)

Permit withholding. The village may deny or withhold all permits or authorization for any improvement for a particular property if there is a violation of this chapter or if there is a violation of any condition of permit approval or previously granted authorization.

(2)

Conditional permits. The village may grant permits or authorization to proceed subject to the condition that a violation be corrected in lieu of denying or withholding a permit or authorization to proceed. In such situations, violations must be corrected within 30 days of the granting of the permit or authority or the village may issue a stop work order and exercise any other remedy or enforcement power.

(3)

Revocation of permit/stop work orders. The village may revoke any previously issued permit or authorization to proceed if the zoning administrator determines that the project is not being carried out according to approved plans, specifications or conditions, or that the permit or other authorization to proceed was obtained by false representation or by mistake, or when any provision of this chapter is being violated. Notice of revocation will be given in writing to the property owner or applicant or agent, or posted in a prominent location on the subject property, after which no construction shall proceed. If work has commenced, a stop work order shall be issued in writing and directed to the person doing the work stating the specific work to be stopped, reasons for the stop work order and conditions upon which work may resume. If and when work is allowed to continue, any continuing violations must be corrected within ten days afterward or a stop work order shall be reissued and the village may exercise any other remedy or enforcement power.

(e)

Forfeitures. The penalty for any violation of this chapter of any permit or authorization issued thereunder shall include a forfeiture of not less than $5.00 or more than $500.00, together with all costs and penalty assessments appropriate thereto.

(f)

Other enforcement powers. The village may seek an injunction or other court order to stop any violation of this chapter, permit or authorization to proceed. The village may also seek an injunction or other court order to abate the violation and restore the premises to the condition that existed prior to the violation. The village may seek additional penalties as provided by state law. Nothing in this chapter shall prevent the village from continuing previous enforcement actions commenced prior to the adoption of the ordinance from which this chapter is derived.

(Ord. of 4-3-2006, § 17.211)

The ordinance from which this chapter is derived became effective April 4, 2006, upon posting, following adoption by the village board, after the public hearing and after the review and recommendation by the village plan commission required under Wis. Stats. § 62.23(7). The ordinance from which this chapter is derived shall take effect and be in force from and after its adoption and publication as provided for herein. Pursuant to section 2-116, the ordinance from which this chapter is derived may be enacted in accordance with the procedures set forth in Wis. Stats. § 66.0103 (formerly Wis. Stats. § 66.035). The village administrator/clerk/treasurer is directed to post a copy of the ordinance from which this chapter is derived, consistent with the procedures for posting of ordinances provided for in section 2-114. The effective date of the ordinance from which this chapter is derived shall be the day after proof of posting has been filed and recorded. The ordinance from which this chapter is derived was duly adopted by the village board of the village on the April 3, 2006. All plans approved under previous zoning regulations shall be valid and used to obtain permits for a period of one year after the effective date of the ordinance from which this chapter is derived, unless a prior approval provided for a longer period.

(Ord. of 4-3-2006, § 17.009)

In the event of any ambiguity between the text of this chapter and any caption, illustration or table within this chapter, the text shall control.

(Ord. of 4-3-2006, § 17.101)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having common boundary with or being separated from such common boundary by a right-of-way, alley or easement.

Access means a means of vehicular approach, entry to or exit from a property.

Access drive means a private roadway providing a physical entrance to a property.

Accessory apartment means a dwelling unit contained within a building principally used as a commercial building.

Accessory use, building or structure means a use, building or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto.

Addition means any construction that increases the size of a building or structure in terms of site coverage, height, length, width or gross floor area.

Adjacent means abutting, except that a lot located directly across a right-of-way from a separate lot shall be considered adjacent.

Agricultural buildings means all structures related to permitted or conditional agricultural operations on a particular site, not including a primary farm residence.

Agricultural retail means on-site sale of agricultural products, of which at least 50 percent by sale volume are agricultural products grown or produced on-site.

Agricultural service means land use operations including the on-site sale, distribution, storage and disposal of agricultural equipment, materials and products including implement sales, agricultural equipment repair, feed stores and storage, commercial dairies, agricultural chemical sales or storage, food processing or packaging facilities and commercial canning operations.

Agricultural structure means a structure intended primarily or exclusively for support of an agricultural function, and exemplified by, but not restricted to, barns, silos, water towers, windmills or greenhouses.

Airport orheliport means areas approved for the takeoff, landing, loading, unloading, storage, maintenance, fueling and service of aircraft, including helicopters.

Alley means a public or private way affording only secondary access to abutting properties.

Alteration means any change in size, shape, character or use of a building or structure.

Animal boarding means all commercial land use activities that provide boarding for animals, on either a shortterm or longterm basis, such as commercial kennels and stables. Veterinary offices are not included in this category, as they fall under professional, scientific and technical services.

Animal unit means either one head of cattle, 100 fowl, 100 rabbits, two horses, three swine, ten sheep or ten goats.

Appeal means a means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter.

Applicant means an owner of the land or his representative who applies for a permit or other approval required by this chapter.

Architecturally compatible means the appearance of a structure which incorporates design, materials, colors and arrangement compatible with nearby properties of similar use. Exterior building design or appearance is not of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards. Exterior building design or appearance is not so identical with nearby buildings as to create excessive monotony or drabness. To prevent monotony within a residential neighborhood or within a planned residential development, differentiation of home styles, shapes and materials is expected, consistent with overall architectural themes and with neighborhood character. Exterior building design or appearance is not constructed or faced with an exterior material that is aesthetically incompatible with other nearby buildings or which presents an unattractive appearance to the public and surrounding properties. Exterior building, sign and lighting design or appearance is not sited on the property in a manner that would unnecessarily destroy or substantially damage the natural beauty of the area.

Awning means a temporary hood or cover that projects from the wall of a building and that may include a type that can be retracted, folded or collapsed against the face of a supporting building.

Awning, fixed, means an awning constructed with a rigid frame that cannot be retracted, folded or collapsed.

Awning, illuminated, means a fixed awning covered with a translucent membrane that is, in whole or part, illuminated by light passing through the membrane from within the structure, also known as an "electric awning."

Base flood means the flood, from whatever source, having a one percent chance of being equaled or exceeded in any given year, otherwise commonly referred to as the 100-year flood.

Base flood elevation means an elevation equal to the height of the base flood.

Basement means that portion of any structure which is below grade or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

Bed and breakfast establishment means the same as "indoor lodging, bed and breakfast establishment."

Bedroom means that portion of a dwelling unit designed for sleeping purposes which meets Uniform Building Code requirements.

Berm means an earthen mound designed to provide visual interest, screen undesirable views, reduce noise or fulfill other such purposes.

Block means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

Boardinghouses means buildings other than hotels, restaurants or bed and breakfast establishments that provide rental living quarters with common bathroom facilities for unrelated guests.

Bond means any form of security, including cash deposit, surety bond, collateral, property or instrument of credits in the amount and form satisfactory to the village board.

Buffer means 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.

Bufferyard means any permitted combination of distance, vegetation, fencing and berming that results in a reduction of visual and other interaction with an adjoining property.

Building means a structure built, maintained, or intended for use for the shelter or enclosure of persons, animals or property of any kind. The term is inclusive of any part thereof.

Building, completely enclosed, means 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.

Building coverage means total ground coverage, in square feet, of all buildings and structures including garages, carports and other attached or accessory structures.

Building, detached, means a building surrounded by an open space on the same lot.

Building height means the vertical distance from either the average elevation of the adjoining ground level, or the established grade of the lot, whichever is lower to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, to the mean distance of the highest gable on a pitched or hip roof. The term "building height" also applies to structures.

Building, principal, means a nonaccessory building in which the principal use of the lot on which it is located is conducted.

Bulk (of a building) means the combination of building height, size, and location on a lot.

Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four-inch caliper size, and as measured at 12 inches above the ground for larger sizes.

Campground means an area occupied or designed or improved for occupancy by persons using tents, recreational vehicles (RVs), camping trailers or other mobile or portable shelters or vehicles. Campgrounds may provide on-site recreational facilities and shall provide restroom facilities. Such facilities shall be served by public sanitary sewer and water.

Candlepower means the amount of light that will illuminate a surface one-foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower units emitted by any lamp, light source or luminaire.

Capacity (in persons) means the maximum number of persons that can avail themselves of the services (or goods) of an establishment at any one time as determined by this chapter.

Cemetery-related structures means structures within cemeteries including mausoleums, crematories, columbaria and similar structures.

Certificate of occupancy means a certificate issued by the zoning administrator that a structure, use or development is in compliance with all provisions of this chapter.

Closed-cup flash point means the lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

Commission means the village plan commission.

Communications tower means any ground- or roof-mounted pole, spire, structure or combination thereof taller than 30 feet, intended primarily for mounting an antenna, meteorological device or similar apparatus to transmit or receive information, including all appurtenant devices attached to it. A tower can be freestanding or supported (with guy wires), or either lattice or monopole construction.

Community living arrangements means any of the following facilities licensed or operated or permitted under state statutes and the authority of the state department of health and family services: residential care centers for children and youth as defined in Wis. Stats. § 48.02(15d), operated by child welfare agencies licensed under Wis. Stats. § 48.60, group homes for children as defined in Wis. Stats. § 48.02(7), and community-based residential facilities as defined in Wis. Stats. § 50.01(1g), but does not include adult family homes as defined in Wis. Stats. § 50.01(1), day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. Community living arrangement facilities are regulated, depending upon their capacity, as provided for in Wis. Stats. § 62.23. Community living arrangements are permitted without restriction as to the number of facilities so long as the total capacity of such community living arrangements does not exceed 25 or one percent of the village's population, whichever is greater. When the capacity of the community living arrangements in the village reaches said total capacity, agents of a facility may apply for an exception and such exception may be granted at the discretion of the village board.

Composting-related uses means land uses that involve collection, storage, processing, or disposal of vegetative material. Such facilities do not include the holding, storage or disposal of hazardous materials or the processing, storage or disposal of food or other materials that have the potential to attract animals.

Comprehensive master plan means the current comprehensive master plan or comprehensive plan of the village.

Conditional use means a land use that requires a conditional use permit in order to be engaged in such use.

Conforming building or structure means any building or structure that complies with the pertinent regulations of this chapter.

Contractor's field office/equipment storage, temporary, means any structure for project management or equipment storage or outdoor storage area that is located on the site of an active construction project for less than one year.

Cultivation means land use operations involving the on-site, outdoor raising of plants, including trees that will be replaced with additional trees after harvesting, such as in nurseries or Christmas tree farms, and which may be restricted by certain overlay districts to protect environmentally or historically significant areas.

Day care center means a nonresidentially-occupied building where care is provided for more than eight children at a time.

Day care facility means a day care facility, licensed by the state and operated in accordance with state requirements, that furnishes care and supervision of a group of children with different parents for periods of less than 24 hours per day. Day care facilities include the following:

(1)

"Family day care home" means a residentially occupied dwelling licensed as a day care facility by the department of health and family services where care is provided for eight or fewer children.

(2)

"Day care center" means a nonresidentially-occupied building licensed as a day care facility by the department of health and family services where care is provided for more than eight children at a time.

Decibel means 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."

Deck means a structure that has no roof or walls and is elevated above grade. A deck can be attached to or detached from the principle structure. If attached, it is required to have main supports and continuous footings below grade by 48 inches, be raised above grade and comply with setback requirements. If detached, it shall be an accessory structure and no more than five feet above the ground, unless approved by the plan commission.

Density means the number of dwelling units per acre.

Detached garage or noncommercial workshop means a structure separate from the principal structure but located on the same lot and used for vehicle and miscellaneous storage and/or noncommercial shop-related activities.

Detached guesthouse or employee living quarters means an accessory dwelling unit separate from the principal residential structure and located on the same lot as the principal structure.

Developer means the legal or beneficial owner of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction of, or additions or substantial improvements to, buildings, other structures or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavating, drilling operations and deposit of materials.

Distribution center means a facility oriented to the shortterm storage and/or reshipping of materials or equipment for one or more businesses. Such facilities, other than parking and loading, are completely enclosed within one or more buildings and include conventional warehouse facilities. Indoor warehouse retail establishments are included in this land use category.

Drainage means surface water runoff and the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and the means necessary for water supply preservation or prevention or alleviation of flooding.

Drinking places (of alcoholic beverages) means establishments known as bars, taverns, or nightclubs primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These establishments may also provide limited food services.

Driveway means a minor private way used by vehicles and pedestrians for common access to a lot, small group of lots or facilities.

Duplex means a building containing two single-family dwelling units attached to each other on one side of each unit by a common wall. Each unit is part of a building that is situated on an individual lot or is part of a group development.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels or lodginghouses.

Dwelling, attached, means a dwelling that is joined to another dwelling at one or more sides by a party wall.

Dwelling, detached, means a dwelling that is entirely surrounded by open space on the same lot.

Dwelling, multiple-family, means a building or portion thereof containing three or more dwelling units.

Dwelling, single-family, means a building containing one dwelling unit only and without a wall, roof or floor in common with any other dwelling unit. Each such dwelling is situated on its own individual lot or is part of a group development. Single-family detached dwellings include manufactured homes, as defined in Wis. Stats. § 101.91 and Wis. Admin. Code ch. Comm 27 which are set on a permanent foundation.

Dwelling, two-family, means a building containing two dwelling units.

Dwelling unit means a room or group of rooms providing or intending to provide living quarters for not more than one family.

Easement means a legal interest in land granted by the owner to another person which allows that person the use of all or a portion of the owner's land, generally for a stated purpose, including, but not limited to, access or placement of utilities.

Family means an individual or two or more persons, each related by blood, marriage or adoption, living together as a single housekeeping unit, or a group of not more than three persons, not so related, maintaining a common household.

Family day care home means an occupied dwelling licensed as a day care facility by the department of health and family services where care is provided for eight or fewer children.

Fencing, nonsight-obstructing, means 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.

Fencing, sight-obstructing, means a fence that is more than 50 percent opaque when viewed from an angle perpendicular to the fence.

Floodplain means the land area susceptible to inundation by water as a result of flooding.

Floodway means the channel of a river or stream and such adjacent portions of the floodplain as are required to accommodate flood flows.

Floor area means the sum of the gross horizontal areas of several floors of a building, including interior balconies, mezzanines, basements, attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the exterior faces of the exterior walls, or, in the case of a common wall separating two buildings, from the centerline of such common wall.

Food services and drinking places means establishments engaged in preparing meals, snacks, and beverages to customer order for immediate on-premises and/or off-premises consumption. There is a wide range of establishments in these industries. Some provide food and drink only, while others provide various combinations of seating space, waiter or waitress services, and incidental amenities, such as limited entertainment. The establishments in these industries include full-service and limited-service restaurants, caterers, and drinking places.

Footcandle means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

Frequency means the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

Garage, residential, means a detached accessory building or portion of the principal building which is used primarily for storing passenger vehicles, trailers, or trucks with not more than one single rear axle.

Garden shed ortool shed means a closed structure separate from the principal structure but located on the same lot and used for miscellaneous storage.

Glare means brightness from a light source sufficient to cause visual discomfort or distress.

Grade, lot, means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Grade, street, means the finished elevation at the centerline of the street pavement, as determined by the village engineer.

Gross density means the result of dividing the number of dwelling units located on a site by the gross site area.

Gross floor area means the total floor area of a building.

Heavy manufacturing/industrial means industrial-related facilities that may not be completely enclosed within buildings and that have the potential to create nuisances beyond the property line, including odor, smoke, fumes, heat, vibrations, and dust, and may involve materials or processes that pose potential safety hazards. These uses cannot be operated economically without creating some nuisances, and therefore are appropriately located next to other similar uses and in areas of the village designated for such uses in the comprehensive master plan to protect the general welfare of the community.

Holding zone means a zoning district designed to limit development potential until adequate public services and infrastructure are provided.

Home occupation means an occupation, profession, activity, or use that is clearly a customary, secondary and incidental use of a residential dwelling and does not alter the exterior of the property or affect the residential character of the neighborhood.

Hotel means the same as "indoor lodging, commercial."

Incompatible means a use or service that is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.

Indoor lodging, bed and breakfast establishment means an owner-occupied, historic structure that provides overnight accommodations for patrons unrelated to the owner in no more than five private guestrooms containing private sleeping accommodations. Private bathrooms may be provided or patrons may share common bathroom facilities. By permit, meals and beverages may be provided to paying guests, but are not provided to individuals not staying overnight at the establishment. The maximum allowed stay at a bed and breakfast is two weeks at a time with a minimum of two weeks in between separate stays. Otherwise, the bed and breakfast would be considered a boardinghouse, apartment or commercial indoor lodging facility. Private recreational facilities may be included in bed and breakfast establishments. For the purpose of bed and breakfasts, buildings are presumed to be historic subject to documentation, age and architectural style.

Indoor lodging, commercial, means a facility that provides overnight accommodations for patrons in private rooms containing private bathrooms and sleeping accommodations. These rooms may or may not have private kitchen facilities. Other uses incidental to indoor lodging may be indoor recreational facilities, laundry and other guest services for the exclusive use of patrons. Facilities open to the public but included within or on the premises of an indoor lodging facility, such as eating or drinking establishments, must be reviewed and approved of as a separate land use, not as an accessory use.

Indoor sales or services, recreation-oriented, means land uses that primarily provide recreation or entertainment within a building, including cinemas, theaters, and indoor recreation facilities such as arcades, skating rinks, bowling alleys, indoor driving ranges and pool halls.

Indoor sales or services, repair-oriented, means land uses that primarily deal with service, maintenance or repair operations within an enclosed building. The term "indoor sales or services, repair oriented," does not include vehicle service.

Indoor sales or services, retail-oriented, means land uses that involve the display, rental and/or sale of merchandise or equipment entirely within an enclosed building.

Indoor warehouse or wholesale facility means a facility oriented to the receiving, longterm storage and shipping of materials or equipment. Such use, other than parking and loading, is completely enclosed within one or more buildings and includes conventional warehouse facilities. Indoor warehouse retail establishments are included in this land use category.

Infill development means development introduced into areas where substantial development has previously occurred.

Institutional residential means group homes, monasteries, rectories, convents and other similar dwellings associated with religious institutions, nursing homes, limited care facilities, rehabilitation centers, convalescent centers and similar land uses not considered community living arrangements operated under the authority of the state department of health and family services.

Intense burning means a rate of combustion characteristic of material that burns with a high degree of activity and is consumed rapidly.

Land division means the division of a lot, parcel, tract or interest in land by the owner's agent for the purpose of transfer of ownership or development or which creates the need for a public dedication or reservation of land for public facilities or improvements.

Land use means the type of development and/or activity occurring on a parcel of property.

Landscaping means 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 manmade urban environment.

Light manufacturing or industrial facility means manufacturing or industrial facilities completely enclosed within one or more buildings that do not create detectable nuisances such as odor, smoke, fumes, heat, vibrations, dust at the property line or have the potential to create fire/explosion or other safety hazards, and comply with all the performance standards of this chapter. All activities other than loading and unloading are completely enclosed within one or more buildings.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, by a permitted principal building or a group of such buildings and accessory buildings, or for a principal use and uses accessory thereto, together with such open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved location.

Lot area means the area contained within the boundary lines of a recorded lot.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.

Lot frontage means lot width measured at the street lot line between side lot lines. When a lot has more than one street lot line, lot width shall be measured and the minimum lot width required by this chapter shall be provided along each street lot line.

Lot line means the property line bounding a lot.

Lot of record means a lot that is recorded in the office of the county register of deeds.

Lot width means the horizontal distance between the side lot lines of a lot, measured at the required front setback line.

Manufactured dwelling means any structure or component thereof which is intended for use as a dwelling, as defined in Wis. Stats. § 101.91 and Wis. Admin. Code ch. Comm 27. Manufactured homes must be set on a permanent foundation. Structures built after June 15, 1976, and certified above as manufactured homes, but not set on a permanent foundation, will be considered mobile homes under this chapter.

Maximum building coverage means the maximum amount of total ground coverage, in square feet, of all buildings and structures, including garages, carports and other attached or accessory structures, permitted within a defined area.

Maximum gross density means the maximum number of dwelling units permitted per acre of gross site area.

Maximum height means the maximum height of the highest portion of any structure.

Migrant labor camp means any facility subject to Wis. Stats. § 103.90.

Minimum lot size means the minimum size permitted for a lot within a specified zoning district and development option.

Minimum lot width means the smallest permissible lot width.

Minimum setback means the minimum distance permitted from a street, side or rear property line to a structure.

Mobile home means a structure, transportable in one or more sections, which is over 400 square feet in area excluding the hitch, built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in it, in accordance with Wis. Admin. Code ch. Comm 95. The term "mobile home" includes a structure which has been certified and labeled as a manufactured home under Wis. Stats. § 101.91 and Wis. Admin. Code ch. Comm 27 if the structure:

(1)

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

(2)

Is on wheels;

(3)

Is not properly connected to utilities;

(4)

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

(5)

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

Mobile home park means any parcel of land owned by a person, state government, or local government upon which three or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of ownership and whether or not a charge is made for the accommodation, but excluding farms where the occupants of the mobile home work on the farm or are related to the farm owner or operator as father, mother, son, daughter, brother or sister.

Motel means the same as the term "indoor lodging, commercial."

Multiple-family building means a building that contains more than two attached dwelling units with individual access from shared building entrances or hallways or from private individual entrances.

Natural resource protection overlay zoning districts means zoning districts that primarily identify and regulate the disturbance of areas containing protected natural resources.

Nonconforming lot means a lot created in compliance with the zoning standards in effect at the time of its creation which does not comply with the dimensional regulations of the underlying zoning district.

Nonconforming structure means a building or structure established in compliance with the zoning standards in effect at the time of its establishment which does not comply with the dimensional regulations of the underlying zoning district.

Nonconforming use means a use established in compliance with the zoning standards in effect at the time of its establishment which does not comply with the use regulations of the underlying zoning district.

Octave band means a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Office/personal or professional service means office, personal, or professional service activities occurring exclusively indoors, including administrative service, information handling, professional services, consulting services, insurance services, realty offices, financial services, medical or veterinary offices or clinics, dental offices, hair and nail care services and similar land uses. Such uses may or may not directly serve individuals on a regular basis with or without an appointment.

Opacity or opaque means the degree to which vision is blocked by bufferyard, screening or fencing.

Outdoor sales means and includes the display and sale of any items not within an enclosed building and not regulated by any other provision of this chapter or other provision of this Code.

Outdoor sales or services, entertainment-oriented, means land uses that provide entertainment either entirely or partially outside of a building. Land use in this category includes drive-in movie theaters, minigolf facilities, batting cages, go-cart tracks, racing facilities, water slides/parks (not municipal swimming pools) and other amusement parks.

Outdoor sales or services, repair-oriented, means land use that primarily involves service, maintenance or repair operations, either entirely or partially outside of a building. Vehicle service garages are included in this category since outdoor vehicle storage is typically a component of these operations.

Outdoor sales or services, retail-oriented, means land use that primarily involves display, rental, or sales of merchandise or equipment outside of a building. A typical example includes vehicle sales and rentals. This also includes operations that primarily involve outdoor display, rental, and/or sale, but also limited indoor display, rental, and/or sale, typical of vehicle dealerships. This does not include vehicles that are not operable or other such equipment more typically associated with a salvage/junk operation.

Outdoor sales, temporary, means the display and sale of any items not within an enclosed building and not regulated by any other provision of this chapter. Examples of such uses include seasonal produce and garden stands, Christmas tree sales, tent sales and food stands. Private garage, yard and rummage sales are not included in this definition.

Outdoor storage or wholesale means a facility oriented to the receiving, storage and distribution of materials or equipment. Such facility is not completely enclosed within one or more buildings. Examples include lumberyards and "functioning" equipment storage yards.

Overlay zoning district means a zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the underlying zoning districts.

Owner means the legal or beneficial owner of land, including the holder of an option or contract to purchase, a lessee having a remaining term of not less than 50 years in duration, or other person having an enforceable proprietary interest.

Parcel means a tract of land of any size that may or may not be subdivided or improved.

Parking aisle means an area within a parking facility intended to provide ingress and egress to parking spaces that does not directly access the adjoining street system.

Parking lot, off-site means a lot not associated with a particular land use on site, but serving to accommodate the parking of registered, licensed and operational vehicles on a temporary basis. A public parking lot is an example of off-site parking.

Performance agreement means a financial guarantee to ensure that all improvements, facilities or work required by this chapter will be completed in compliance with its provisions and with approved plans and specifications of a development.

Performance standard means a criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings.

Permanently protected green or open space means an area in which site disruption and/or development is strictly limited.

Permitted use means a use permitted as a matter of right.

Plan commission means the plan commission of the village.

Principal use means any and all of the primary uses of a property which are permitted by right, as a special use or as a conditional use (rather than as an accessory use or a temporary use).

Private institutional land uses means private cemeteries, country clubs, golf courses and other recreational facilities, private schools and colleges and privately owned, but permanently protected open space such as that included in a land trust or area where development rights have been purchased or transferred.

Private recreational facility means private recreational facility includes recreational facilities such as tennis courts, basketball courts and other permanent or semipermanent facilities, but does not include swimming pools.

Private swimming pool means a permanent recreational private swimming pool containing water 18 inches or greater in depth or outdoor aboveground or in-ground hot tub facilities, including related equipment.

Public institutional land use means and includes public, civic and other not-for-profit facilities such as libraries, post offices, museums, indoor recreation, community centers, schools and colleges, religious institutions, nonprofit organizations, convention centers, theaters and civic centers, hospitals, jails, prisons, police stations, fire stations, emergency service facilities, other public safety and service facilities and cemeteries.

Public parks and open spaces means public land and land uses involving passive or active recreational activities. Passive activities include nature-based outdoor recreation, recreational trails (bicycling, hiking, walking, running), winter recreation (cross country skiing, sledding, ice skating), natural or scenic areas, community gardens, botanical gardens, arboretums, open green spaces, wildlife areas, picnic areas and facilities, fishing areas and other similar activities. Active land uses include court and field sports, playground equipment, swimming pools, golf courses and similar land uses.

Public sewer means the village sewer system and other forms of sewer systems approved by the state department of natural resources and maintained by a public agency authorized to operate such systems.

Rail transit station means a facility incorporated in a light or heavy rail transit system, for the boarding of passengers and related ticketing sales and offices.

Rail yard means an area of land that includes a system of tracks that provides for the coupling of trains by one or more railroads or industries. Associated functions include, but are not limited to, coupling, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing or transferring of trains, train cars, engines and locomotives.

Recreational vehicle means a vehicular unit designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle. This includes travel trailers, camping trailers, truck campers and motor homes.

Ringelmann chart means a chart described in the U.S. Bureau of Mines Information Circular 7718, on which is illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke and smoke density.

Sales office means any building associated with on-site sales for a particular development project.

Scale (of development) means a term used to describe the gross floor area, height or volume of a single structure or group of structures.

Screening, visually, means shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or vegetation.

Self-service storage facility or miniwarehouse means a facility oriented to the longterm indoor storage of personal property, containing multiple storage areas separated by partition walls, each with private access for the renter or owner of the particular storage area.

Setback means the shortest distance from the exterior of a building or structure to the nearest point on the referenced lot line.

Sexually-oriented land use means any facility, business, or services oriented to the display of sexually-oriented materials, the presentation of cabaret activities or sexually-oriented services.

(1)

For the purpose of this definition, the term "sexually-oriented materials" means, without limitation by enumeration, such materials as videos, movies, slides, photographs, books and magazines showing or depicting sexually specified areas.

(2)

For the purposes of this definition, the term "sexually specified areas" includes any one or more of the following: genitals, anal area, female areola or nipple.

(3)

For the purpose of this definition, the term "cabaret activities" means dancing, singing, performances, exhibitions, activities or any form of entertainment, which involves a person displaying and/or touching any sexually specified area.

(4)

For the purpose of this definition, the term "sexually-oriented services" means any service, including escort or massage service, that involves a person displaying and/or touching any sexually specified area.

(5)

The incorporation of this definition into the this chapter is designed to reflect the village's official finding that sexually-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other similar jurisdictions. Specifically, the village board is concerned with the potential of such uses to limit the attractiveness of nearby locations for new development, the ability of nearby business to attract and/or retain customers, and the ability of property owners to market and sell nearby properties at a price consistent with similar properties not located near such facilities. It is explicitly not the intent of this chapter to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the village's comprehensive master plan and protect the character and integrity of its commercial and residential neighborhoods.

Shrub means a low-lying deciduous or evergreen plant.

Sign means as defined in section 50-501.

Sound level means the intensity of sound, measured in decibels, produced by an operation or use.

Sound meter means an instrument standardized by the American Standards Association for measurement of intensity of sound.

Standards means requirements that govern building and development as distinguished from use restrictions; for example, site design regulations such as lot area, height limits, frontage, landscaping and floor area ratios.

Street means any public or private way dedicated or permanently open to pedestrian and vehicular use.

Street, arterial, means a public street or highway for carrying large volumes of through-traffic in the area. The term "arterial street" may include freeways and expressways as well as major streets, highways and parkways.

Street, collector, means a street carrying traffic from local streets to arterial streets.

Street, local, means a road that primarily serves to collect traffic originating directly from residential driveways and private residential courts and streets.

Structural alteration (to buildings or structures) means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders, or any substantial change in the roof structure, or in the exterior or interior walls.

Structure means anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, except public utility fixtures and appurtenances.

Subdivision means the division of a tract of land that creates two or more lots or building sites, or creates the need for a street dedication.

Temporary use means a land use that is present on a property for a limited and specified period of time.

Tents, special events or temporary, means tents for special events, including those used for festivals and receptions, but not specifically for outdoor sales.

Townhouse means a single-family residence attached side-by-side to a separate single-family residence by a common wall. Each dwelling unit has an individual private access. Each dwelling unit may be on its own lot or part of a group development.

Toxic or toxicity means materials that are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

Travel trailer means a vehicular, portable unit designed as a temporary unit for travel, recreation and vacation, including, but not limited to, a unit built on a chassis having a body width not exceeding eight feet and body length not exceeding 35 feet, a unit designed to be mounted on a truck chassis, a unit constructed as an integral part of a self-propelled vehicle, or a canvas, folding unit mounted on wheels.

Tree, shade, means a tree that normally grows with one main trunk and has a canopy that screens and filters the sun. Shade trees would occupy the uppermost canopy of a forest in a natural ecological situation. Examples include hickory, oak, maple, etc.

Twin home means a single-family residence attached side-by-side to a separate single-family residence (two single-family attached dwellings). Each dwelling unit has an individual private access. This is similar to a duplex, except that each unit is on an individual lot or part of a group development.

Two-flat means a building containing two single-family dwelling units on different stories rather than being side by side. Each unit is part of a building that must be on an individual lot or part of a group development.

Use means the purpose or activity for which land or any building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.

Utilities, basic, means private or public stormwater management areas, swales, ponds or similar, public or private utility substations, water towers, public and private wells, public service related distribution facilities including pump stations, lift stations and similar utility systems. The term "basic utilities" does not include private septic systems, private or municipal wastewater treatment facilities, electrical production facilities or other related land uses that have the potential to create certain nuisances, and are therefore included under the heavy manufacturing/industrial land use definition.

Variance means permission to depart from the literal requirements of this chapter.

Vehicle-related sales and service means and includes drive-in, drive-through and drive-up facilities, such as express vehicle service/vehicle maintenance, gas stations, car washes and other vehicle-oriented land uses.

Vibration means the periodic displacement, measured in inches, of earth.

Vision triangle means 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 ten feet above curb grade within the triangular area, subject to the performance standards in section 50-493.

Waste-related use means a use that involves receipt of solid or liquid wastes from others on the site or for transfer to another location, and includes uses that collect sanitary wastes.

Yard, front, means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to the portion of the building or structure nearest thereto.

Yard, rear, means a yard extending along the full width of the rear lot line between the side lot lines and extending from the rear lot line to the portion of the building or structure nearest thereto.

Yard, side, means a yard extending along the side lot line between the front and rear yards from the side lot line to the portion of the building or structure nearest thereto.

Zoning administrator means the village employee charged with the administration, interpretation and enforcement of this chapter.

Zoning district means an area or areas within the village for which the regulations and requirements governing use, lot size, density, and bulk of buildings and premises are uniform.

(Ord. of 4-3-2006, § 17.102; Ord. No. 2009-04, 4-21-2009)