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:

A zones means areas of potential flooding shown on the village's flood insurance rate map which would be inundated by the regional flood as defined herein. These zones may be numbered as AO, Al to A99, or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Abutting means have a common property line or district line, or are separated only by a river, stream, or transportation or utility right-of-way.

Accessory apartment means a separate complete housekeeping unit that is substantially contained within the structure of a single-family dwelling but can be isolated from it.

Accessory building means a subordinate building or portion of the main building, the use of which is incidental to the permitted use of the main building. An accessory building is considered to be an accessory structure.

Accessory structure means a subordinate structure, the use of which is incidental to, customarily found in connection with, and located on the same lot as the principal structure or use of the property. The term "accessory structures" includes, but is not limited to, detached garages and carports, sheds, barns, gazebos, swimming pools, hot tubs, fences, firewood protection structures, retaining walls and detached stairways and lifts; and impervious, pervious or porous driveways, parking lots, sidewalks, patios and decks (both detached and attached). For purposes of this chapter, no regulatory distinction is made between permanent, temporary, prefabricated or moveable accessory buildings or structures. An accessory structure may consist of just a roof and may have one or more open sides.

Accessory use. See Use, accessory.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Adjacent property owner means the owner of property located within 300 feet of a subject property under this Code.

Adult oriented establishment means any premises including, without limitation, adult bookstores, or adult motion picture theaters. The term "adult oriented establishment" further means any premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments, or stalls separate from the common area of the premises for the purposes of viewing adult oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, whether or not such adult entertainment is held, conducted, operated, or maintained for a profit, direct or indirect. The term "adult oriented establishment" further includes, without limitation, any premises physically arranged and used as such whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, or any other term of like import.

Agricultural processing and packaging means an establishment primarily engaged in refining, processing or otherwise adding value to raw agricultural goods, including, but not limited to, washing, sorting, cutting, bagging, freezing, canning, packing, bottling or butchering.

Agricultural research and development means the use of land or buildings for agriculture research and the cultivation of new agricultural products.

Agricultural sales and service means an establishment primarily engaged in:

(1)

The sale or rental of farm tools and implements, feed and grain, tack, animal care products, farm supplies and the like; or

(2)

Performing agricultural or horticultural services on a fee or contract basis, including, but not limited to, crop dusting and spraying services, harvesting and plowing services, agricultural land grading services, farm equipment service and repair, and large animal veterinary services.

Agricultural storage means grain elevators and other facilities for the warehousing and storage of agricultural products.

Agricultural use means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; wholesale plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which are enrolled in the conservation reserve program under 16 USC 3831 to 3836; participating in the milk production termination program under 7 USC 1446(d); and vegetable raising.

Agriculturally related residence means a residence which is occupied by:

(1)

A person who or a family, at least one member of which earns a substantial part of the livelihood of such person or family from farm operations on the land; or

(2)

A parent or child of the owner of the farm.

Agriculture, animal, means the use of land for animal feeding operations, including areas for the storage, treatment and disposal of manure and other related waste products.

Agriculture, crop, means the use of land for the production of row crops, field crops, tree crops, timber, bees, apiary productions, and fur-bearing mammals.

Aircraft landing strip means a site maintained for occasional use by manned aircraft for landing or take off.

Airport, public, means any airport which complies with the definition contained in Wis. Stats. § 114.002(7) or any airport which serves or offers to serve common carriers engaged in air transport.

Alley means a public or private right-of-way not more than 21-feet-wide which affords only a secondary means of access to the side or rear of an abutting property.

Alley means a public or private way which affords only secondary vehicular access to abutting property.

Animal hospital/veterinary services means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of a kennel shall be limited to short-term boarding and shall be only incidental to such hospital use.

Animal unit means as defined in Wis. Admin. Code § NR 243.03(3).

Animal waste means manure, milking center waste and other organic waste generated by livestock, farm animals, or any number combination of animal units or portion thereof. The term "animal waste" includes animal bedding, water, soil, hair, feathers, and other debris that becomes intermingled with animal excreta in normal waste handling operations.

Animal waste storage structure means a waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. The term "animal waste storage structure" does not include equipment used to apply waste to land. For purposes of Wis. Admin. Code §§ ATCP 51.12(2) and 51.14, the term "animal waste storage structure" does not include any of the following:

(1)

A structure used to collect and store waste under a livestock housing facility.

(2)

A waste digester consisting of a sealed structure in which animal waste is subject to managed biological decomposition.

Animal waste utilization means the application of animal waste on suitable land in a manner which will achieve compliance with livestock performance standards and prohibitions established in Wis. Admin. Code ch. NR 151, NRCS Conservation Practice Standard Code 590 and meet other designated water quality objectives. Land suitable for animal waste utilization excludes wetlands or lands below the OHWM, closed depressions, slopes in excess of 25 percent and other areas that may be determined as sensitive and adversely affecting surface water or groundwater quality.

Antenna means any device or equipment used for the transmission or reception of electromagnetic waves, which may include an omni-directional antenna (rod), a directional antenna (panel) or a parabolic antenna (dish).

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single-family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. The term "arterial streets" shall include freeways and expressways, as well as arterial streets, highways and parkways.

Authority means a person, committee, or board to whom the power to issue a permit, or make a determination, decision, or judgment has been delegated.

Automobile wrecking/salvage yard means any premises on which is kept more than one vehicle, not in running order or operating condition, or in a general state of disrepair, which is not completely enclosed within a building.

Basement means a story partly or wholly underground. The height of a basement shall be the vertical distance between the surface of the basement floor and the surface of the floor next above it. A basement shall be counted as a story for the purposes of height measurements if the vertical distance between the ceiling and the main level of the adjoining ground is more than five feet, or if used for business purposes, or if used for living purposes by other than the owner and the immediate family of such owner, and a janitor or servants of the owner.

Bed and breakfast establishment building means an owner's personal single-family residence that provides five or fewer sleeping rooms for temporary occupancy for a period not to exceed 30 days for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

Best management practices (BMPs) means practices and industry standards designed to minimize environmental damage.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Bluffline means a line along the top of a slope preservation zone. There can be more than one bluffline.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Boathouse means a building or portion thereof used for the housing or care of boats and other associated marine equipment for noncommercial purposes and not permitted to be used for human habitation.

Buffer zone means a designated neutral area designed to separate conflicting land uses. A natural vegetative screening of trees, shrubs or other plantings is usually employed in such a designated area.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building area means the total area bounded by the exterior walls of a building at the floor levels, but not including basements, utility rooms, garages, porches, breezeways and unfinished attics.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this chapter. A line measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions.

Building, accessory, means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. An automobile trailer or other vehicle or part thereof or other building shall not be used as a dwelling or lodging place and shall not be considered an accessory building or use.

Building, alterations of, means any change or rearrangement of the supporting members, such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another.

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

Building, front line of, means a line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.

Building, height of, means 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 deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal or main, means 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.

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

Bulkhead line means a geographic line along a reach of navigable water that has been adopted by the village and approved by the state department of natural resources pursuant to Wis. Stats. § 30.11 and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except when such filling is prohibited by the floodway provisions of this chapter.

Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Camouflage design means a wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna.

Campground means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

Camping unit means any portable device, no more than 400 square feet in area, used as a temporary shelter, including, but not limited to, a camping or travel trailer, motor home, bus, van, pickup truck, tent or other mobile recreational vehicle.

Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building or people under the canopy from the sun, rain or snow.

Carport means a carport is a covered structure used to offer limited protection to vehicles, primarily cars, from the elements. The structure can either be freestanding or attached to a wall. Unlike most structures, a carport does not have four walls, and usually has one or more sides open.

Cellar means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Centerline means a line connecting the points on highways from which setback distances shall be measured, at any point on the highway.

Certificate of compliance means a certification that, in the construction and the use of land or buildings, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.

Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

Clinic, medical or dental, means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.

Club or lodge means a building or portion thereof or premises owned by a corporation, association, or person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as business.

Cluster subdivision means a subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located, in return for the provision of permanent undeveloped land.

Community living arrangement means the following facilities licensed or operated or permitted under the authority of the following state statutes:

(1)

Child welfare agencies under Wis. Stats. § 48.60;

(2)

Group foster homes for children under Wis. Stats. § 48.02(7m); and

(3)

Community-based residential facilities under Wis. Stats. § 50.01;

but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the Wisconsin statutes, including Wis. Stats. §§ 46.03(22), 62.23(7)(i) and 62.23(7a), and also the Wisconsin Administrative Code.

Complete application for local approval, livestock facilities conditional use, means an application that contains everything required under Wis. Admin. Code § ATCP 51.30(1)—(4).

Compliant building location means an area on a lot where a building could be located in compliance with all applicable ordinance requirements.

Conditional use means the occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district, which for their respective conduct, exercise or performance in such designated districts may require reasonable, but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, condition modification, or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the village and, therefore, may be permitted in such district only by a conditional use permit.

Condominium means property subject to a condominium declaration established in accordance with the requirements of the Condominium Ownership Act, Wis. Stats. ch. 703. A condominium is a legal form of individual ownership of portions of real estate and common rights and shared use to remaining real estate in a single development and is not a building type or style.

Condominium association means a community association, incorporated or unincorporated, whose membership consists of owners of dwellings units in a condominium, which combines individual unit ownership with shared use and ownership of common areas.

Conforming use means any lawful use of a building or lot which complies with the provisions of this chapter.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the technical guide, prepared by the USDA Soil Conservation Service for the county, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets the needs of such landowner in developing the soil and water conservation of such landowner.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Corner lot. On corner lots, the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street, but the side yard setback shall in no case restrict the buildable width to less than 30 feet. The corner lots shall be consisting of a parcel of property abutting on two or more streets at their intersection providing that the interior angle of such intersection is less than 135 degrees.

Court means an open, unoccupied space other than a yard, on the same lot with a building, and which is bounded on two sides by the building.

Crawlway or crawl space means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for limited access to plumbing and electrical utilities.

Curb break means any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.

Curb grade or level means the level of the established curb in the front of the building measured at the center of such front.

Day care center, family, means a place or home which provides care for eight or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in Wis. Stats. § 48.65.

Day care center, group, means a dwelling or center that provides care and supervision for nine or more children and is licensed by the state department of health and social services.

Deck means an unenclosed exterior structure that has no roof or sides but has a permeable floor that allows the infiltration of precipitation.

Development means any artificial or human-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

Development regulations means the part of a zoning ordinance enacted under Wis. Stats. § 62.23(7) that applies to elements, including setback, height, lot coverage, and side yards.

Disabled means having a physical or mental impairment that substantially limits one or more major life activities.

District, basic, means a part of the village for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay, means overlay districts, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Doublewide manufactured home is a manufactured home consisting of two manufactured home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins or manufactured homes.

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, single-family, means a detached building designed for or occupied by one family.

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.

Dwelling, multiple-family, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Elderly day care home means locations which provide day care and food service for adults who are unable to be left alone while other family members are at work or otherwise not at home during the day. Overnight lodging is not to be provided at a day care center.

Emergency shelters means public or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare; fire; flood; windstorm; riots; or invasions.

Equal degree of hydraulic encroachment means the effect of any encroachment into the floodway is to be computed by assuming an equal degree of hydraulic encroachment on the opposite side of a river or stream for a significant hydraulic reach, in order to compute the effect of the encroachment upon hydraulic conveyance. This computation ensures that the property owners up, down or across the river or stream will have the same rights of hydraulic encroachment.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Expanded livestock facility means the entire livestock facility that is created by the expansion after May 1, 2006, and includes all livestock structures in the expanded facility, regardless of whether those structures are new, existing or altered.

Expansion means an addition to an existing structure regardless of whether the addition is vertical or horizontal or both.

Expansion of livestock facility means an increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an expansion unless that operator increases the largest number of animal units kept at the combined livestock facilities for at least 90 days in any 12-month period.

Family.

(1)

The term "family" means one or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit in one dwelling unit shall constitute a family. A family may include in addition thereto two but not more than two persons not related by blood, marriage or adoption. A person shall be considered to be related for the purpose of this section if such person is dwelling for the purpose of adoption or for a foster care program.

(2)

Exceptions. Nothing in this chapter shall prohibit, under the definition of the term "family," priests, laybrothers, nurses or such other collective body of persons living together in one house under the same management and care, subsisting in common, and directing their attention to a common object or the promotion of their mutual interest and social happiness as set forth by the Wisconsin Supreme Court in Missionaries of Our Lady of LaSalette vs. Village of Whitefish Bay Board of Zoning Appeals, 267 Wis. 609.

Family adult day care center means a dwelling certified by the state department of family services when care is provided for part of a day for small groups of no more than six adults in the home of a provider.

Family day care home means a dwelling also licensed as a day care center by the state department of family services when, for compensation of consideration, a resident of the dwelling provides group care for at least four, but not more than eight, children between the ages of infancy and seven years of age at a location other than the child's own home or the home of relatives or guardians.

Farm means land consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.

Farm animals. See Livestock.

Farming, general, includes floriculture, forest and game management, orchards, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod fanning and vegetable fanning. The term "general farming" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal fanning activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Flood means a temporary rise in streamflow or stage in lake level that results in water overtopping the banks and inundating the areas adjacent to the steam channel or lakebed.

Flood insurance study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mud flow) or floor-related erosion hazards. Such studies shall result in the publication of a flood insurance rate map showing the intensity of flood hazards in either numbered or unnumbered A zones.

Flood profile means a graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the streambed and other significant natural and human-made features along a stream.

Flood protection elevation means a point two feet above the water surface elevation of the 100-year recurrence interval flood. This safety factor, also called "freeboard," is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. Such unknown factors may include ice jams, debris accumulation, wave action and obstructions of bridge openings.

Flood stage means the elevation of the floodwater surface above an officially established datum plane, which is Mean Sea Level, 1929 Adjustment, on the supplementary floodland zoning map.

Floodlands means all lands contained in the regional flood or 100-year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into the floodway district, the floodplain conservancy district and the floodplain fringe overlay district.

Floodplain fringe means those floodlands, outside the floodway, subject to inundation by the 100-year recurrence interval flood. The term "floodplain fringe" includes the floodplain conservancy district and the floodplain fringe overlay district.

Floodproofing means measures designed to prevent and reduce flood damage for those uses which cannot be removed from, or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials, to operation and management safeguards, such as the following: reinforcing the basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent watertight bulkheads, shutters and doors; treatment of exposed timbers; elevation of flood-vulnerable utilities; use of waterproof cement; adequate fuse protection; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; installation of seal-tight windows and doors; installation of wire reinforced glass; location and elevation of valuable items; waterproofing, disconnecting, elevation or removal of all electric equipment; avoidance of the use of flood-vulnerable areas; temporary removal of waterproofing of merchandise; operation of emergency pump equipment; closing of backwater sewer valve; placement of plugs and food drain pipes; placement of movable watertight bulkheads; erection of sand bag levees; and the shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point two feet above the elevation of the regional flood. Any structure that is located entirely or partially below the flood protection elevation shall be anchored to protect it from larger floods.

Floodway means a designated portion of the 100-year flood area that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in the state to 0.1 foot unless special legal measures are provided. The floodway, which includes the channel, is that portion of the floodplain not suited for human habitation. All fill, structures and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage should be prohibited in the floodway.

Floor area, business and manufacturing buildings, means, for uses other than residential, the floor area measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by 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.

Floor area, dwelling units, means the square feet of floor space of the several floors of a dwelling unit within the outside line of walls and includes the total of all space on all floors of a building, but shall not include porches, balconies, garages or space in a basement or cellar when the same is used for storage or incidental uses. Dwelling unit floor area is measured from the exterior faces of the exterior walls or from the centerlines of walls or portions separating dwelling units.

Floor area, off-street parking, means, for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portions thereof, devoted to a use requiring off-street parking or loading. This area shall include accessory storage areas located within selling or working space occupied by 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, the term "floor area," for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

Food pantry means a facility used for the storage and distribution of free food and other goods, typically donated, to persons who are disadvantaged or dislocated.

Footprint means the land area covered by a structure at ground level, measured on a horizontal plane. The footprint of a residence includes attached garages and porches, but excludes decks, patios, carports and roof overhangs.

Foster family home means the primary domicile of a foster parent which is four or fewer foster children and which is licensed under Wis. Stats. § 48.62.

Frontage means all the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Frontage, reversed, means when the rear lot line of a corner lot coincides with all or part of the side lot line of an adjoining lot in the same block.

Garage, private, means an accessory building or space for the storage only of not more than four-wheeled, licensed motor vehicles.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Garage, storage, means any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts, fuel, grease or oil are sold and vehicles are not equipped, serviced, repaired, hired or sold.

Garden center means a place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery or greenhouses, import most of the items sold, and may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.

Gasoline station means any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances; sale of motor vehicle accessories; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.

Gift stores means retail stores where items such as art, antiques, jewelry, books and notions are sold.

Grade means, when used as a reference point in measuring the height of a building, the average elevation of the finished ground at the exterior walls of the main building.

Gravel pit means an open land area where sand, gravel, and rock fragment are mined or excavated including such on-site processing that are related to the mining or excavation of the sand, gravel, and rock fragment such as stockpiling of materials, blending mineral material aggregates or nonmetallic minerals, crushing, screening, scalping and dewatering.

Group foster home means any facility operated by a person required to be licensed by the state under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Hardware stores means retail stores where items such as plumbing, heating and electrical supplies, sporting goods and paints are sold.

Home occupation means any business or profession carried on primarily by a member of the immediate family residing on the premises, carried on primarily within the principal building thereto and meeting the standards of section 44-122.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing bed-patient care.

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged or new scrapped base metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Kennel means any facility where dogs or cats are kept for 24 hours or more for boarding, training, or similar purposes for compensation, except that the term "kennel" does not include any of the following:

(1)

An animal shelter.

(2)

A facility owned or operated by a veterinarian licensed under Wis. Stats. ch. 453 where animals are boarded only in conjunction with the provision of veterinary care.

Livestock means domestic animals traditionally used in the state in the production of food, fiber or other animal products, and includes cattle, swine, poultry, sheep and goats. The term "livestock" does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink.

Livestock facility means a feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12-month period. The term "livestock facility" includes all of the tax parcels of land on which the facility is located but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate livestock facility.

Livestock structure means a building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. The term "livestock structure" includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or animal waste storage structure. The term "livestock structure" does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.

Loading area means 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.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Code as pertaining to the district wherein located. The term "lot" includes the term "plot," "parcel" or "tract."

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot, corner, means a lot situated at the intersection of two streets.

Lot coverage (residential) means the area of a lot occupied by the principal building and accessory building.

Lot coverage (except residential) means the area of a lot occupied by the principal building and accessory buildings, including any driveways, parking areas, loading areas, storage areas and walkways.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90-degree angle from the road right-of-way.

Lot, interior, means a lot with frontage on only one street.

Lot line means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in the length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front line or a rear lot line.

Lot, reversed corner, means 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.

Lot, substandard, means a parcel of land held in separate ownership having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking area, or other open space provisions of this chapter.

Lot, through, means a lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot of record means a lot which has been recorded in the office of the register of deeds prior to the effective date of the ordinance from which this chapter is derived.

Lot width means the horizontal distance between the side lot lines at the building setback line.

Lumber yard and warehouse means an area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products or firewood.

Machine shops means shops where lathes, presses, grinders, shapers, and other wood and metal working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing; heating and electrical repair and overhaul shops.

Manufactured dwelling means a dwelling structure or component thereof with insignia certifying that it has been inspected and found to be in compliance with subchapter V of the Uniform Dwelling Code.

Manufactured home means a dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation at the building site and certified and labeled as a manufactured home under 42 USC 5401 to 5426, which, when placed on the site:

(1)

Is set on an enclosed foundation in accordance with Wis. Stats. § 70.43(1) and Wis. Admin. Code ch. SPS 321, subchs. III, IV and V, or is set on a comparable enclosed continuous foundation system approved by the building inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;

(2)

Is installed in accordance with the manufacturer's instructions;

(3)

Is properly connected to utilities;

(4)

Has an area of at least 800 square feet of living space, with a minimum of 24 square feet in width in its smallest horizontal dimension, exclusive of attached garage, carport or open deck, and is used exclusively as a single-family residence; and

(5)

Meets other applicable standards of this chapter.

Manufactured home community means a parcel of land which has been developed for the placement of manufactured homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation, and where individual lots are rented to individual manufactured home users. A manufactured home community is also any lot on which two or more manufactured homes are parked for the purpose of permanent habitation and including any associated service, storage, recreations and other community service facilities designed for the exclusive use of community occupants.

Manufactured home lot means a parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.

Manufactured home subdivision means a land subdivision, as defined by Wis. Stats. ch. 236 and any village land division regulation, with lots intended for the placement of individual manufactured home units. Individual homesites are in separate ownership as opposed to the rental arrangements in manufactured home communities.

Manufacturing means the processing and converting of raw, unfinished, or finished materials or products, or any of these into an article or substance of different character, or for use for a different purpose; the term "manufacturing" also includes industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.

Manure pit means a structure or earthen pond located outside of a barn or shelter and used for containment of manure and other wastes from livestock and poultry.

Marquee or canopy means a roof-like structure of a permanent nature which projects from the wall of a building.

Mini-warehouse means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.

Minor structures means any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Mobile home.

(1)

The term "mobile home" means a manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.

(2)

The term "mobile home" also means a manufactured home which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway, and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; including any additions, attachments, annexes, foundations and appurtenances. In accomplishing the purpose of this section, a mobile home shall remain classified as a mobile home regardless of whether its wheels or other rolling devices have been removed or not, and even though assessable value of additions, attachments, annexes, foundations and appurtenances or other added investments to the mobile home equal or exceed 50 percent of the assessable value of the mobile home. Excluded from this definition are manufactured homes as defined above.

(3)

Mobile homes have been required to follow construction standards, including heating, electrical and plumbing, since 1976 through a Federal Housing and Urban Development (HUD) program. In the state, this is administered under contract by the division of safety and buildings, state department of commerce. The current proper and legal term for mobile homes is "manufactured homes." While the manufactured home itself is not covered by the Wisconsin Uniform Dwelling Code (UDC), any site-built addition to that home, such as a basement, crawl space or room addition attached to the home, does have to be constructed to meet the requirements of the UDC if the manufactured home was built after June 1, 1980.

(4)

While manufactured homes are constructed to the HUD construction standards, manufactured dwellings must meet the UDC standards. Such non-HUD factory-built homes are referred to as "manufactured dwellings." However, doublewide manufactured mobile homes often are similar in appearance to modular homes. For purposes of identification, a manufactured (mobile) home is identified with a red metal rectangular label affixed to the rear of each full or half unit. This indicates the home has been constructed in accordance with the HUD manufactured home standards. In contrast, a modular home or manufactured dwelling will be identified with a red plastic sticker, called a "Wisconsin insignia," imprinted with the outline of the State of Wisconsin. It will usually be affixed to the electrical panel, vanity base cabinet or kitchen cabinet. Inspectors must first identify what they are looking at before applying the applicable code regulations.

Modular unit means a prefabricated, detached single- or double-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.

Motel means a building containing lodging rooms having adjoining individual bathrooms, and where each lodging has a doorway opening directly to the outdoors, and more than 50 percent of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.

Motor freight terminal means a building or area in which freight brought by motor truck is assembled or stored for routing in intrastate and interstate shipment by motor truck.

Navigable waters has the meaning in Wis. Stats. § 30.01(4m).

New livestock facility means a livestock facility that will be used as a livestock facility for the first time, or for the first time in at least five years. The term "new livestock facility" does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding five years.

Nonconforming lot means a lot of record existing on the date of passage of the ordinance from which this chapter is derived which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming structure means a dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance.

Nonconforming use means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current regulations.

Nonmetallic mining means operations or activities for the extraction from the earth for the sale or use by the operator of mineral aggregates or nonmetallic minerals, such as stone, sand, gravel, asbestos, beryl, clay, feldspar, peat, talc, topsoil, including such operations or activities, such as excavation, grading, and dredging.

Nuisance means an injurious effect on the safety, health, or morals of the public, or use of property which works some substantial annoyance, inconvenience, or injury to the public and which causes hurt, inconvenience or damage.

Nursery means any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

Nursery school means any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas other than the child's own home or the homes of relatives or guardians.

Nursing home means any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

Official letter of map amendment means official notification from the Federal Emergency Management Agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.

Operator means a person who applies for or holds a local approval for a livestock facility.

Ordinary maintenance and repair means any work done on a nonconforming structure that does not constitute expansion, structural alteration or reconstruction and does not involve the replacement, alteration or improvement of any portion of the structure's foundation.

Other official approved access means a private road or easement extending from a private property to a component of the public street system which the village board has approved as a primary means of access.

Outlot means a lot remnant or parcel of land within a plat remaining after platting, which is intended for open space use, for which no development is intended other than that which is accessory to the open space use. An outlot may not be developed for any use or structure that requires a private, on-site wastewater treatment system.

Parcel delivery service means a business engaged in the transportation and delivery of goods from a manufacturer, retailer or shipper to receivers, and which may provide for temporary storage of goods awaiting delivery or collection.

Parking area, semi-public, means an open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Party wall means a wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above, and which separates contiguous buildings but is in joint use for each building.

Person means an individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity.

Places of assembly means places where people gather or congregate for amusement, worship, learning, etc. The term "places of assembly" includes schools, churches, theaters, playgrounds, etc.

Planned unit development means a large lot or tract of land containing two or more principal buildings of uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Populate (animals) means to add animal units for which a permit or other local approval is required.

Porch means a building walkway with a roof over it, providing access to a building entrance.

Private individual sewage treatment system means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same lot as the structure. The term "private individual sewage treatment system" includes alternative sewage systems, substitutes 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.

Private individual water system means a system supplying water for human consumption with a well and pump serving a single structure located on the same lot as the structure. The term "private individual water system" includes alternative water supply systems, substitutes for the well or pump, a system serving more than one structure or a system located on a different parcel than the structure.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergy, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, tradespeople, authors, musicians or other recognized professions used to conduct their professions. The term "tradespeople" shall be defined as persons who hold themselves out with a particular skill, including, but not limited to, carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.

Property line means a line that separates parcels of land owned by different persons.

Qualified nutrient management planner means a person qualified under Wis. Admin. Code § ATCP 50.48.

Quarrying means the removal of mineral aggregates, topsoil or other natural materials from the earth by excavating, stripping or any other mining process.

Racetrack means a facility or track operated where vehicles of any type competitively race, whether for compensation or not.

Railroad right-of-way means 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.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

Reasonable accommodation means allowing a disabled person to deviate from the strict requirements of the village's zoning ordinances if an accommodation is necessary and reasonable, in order not to unlawfully discriminate against the disabled person and to allow them equal housing opportunity.

Recreational vehicle means any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:

(1)

Is not used as the permanent residence of the owner or occupant;

(2)

Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities;

(3)

Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities;

Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pickup campers, camping buses, and self-contained, self-propelled truck chassis-mounted vehicles providing living accommodations. Manufactured or mobile homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of the term "recreational vehicles." The term "recreational vehicle" does not include a temporarily placed manufactured or mobile home.

Recreational vehicle camp means a part, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreational vehicles as defined herein, and upon which the recreational vehicles are parked.

Recycling center means a facility designed to be a collection point where only recyclable materials are sorted and temporarily stored prior to shipment to others who will use those materials for reuse or processing into new products. The term "recycling center" shall not include junk yards.

Regional flood means this regional flood is a flood determined to be representative of large floods known to have generally occurred in the state and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Related livestock facilities means livestock facilities that are owned or managed by the same person, and related to each other in at least one of the following ways:

(1)

They are located on the same tax parcel or adjacent tax parcels of land. (Note: A mere acquisition of a neighboring livestock facility does not constitute an expansion unless more animal units are added to the combined facilities.)

(2)

They use one or more of the same livestock structures to collect or store manure.

(3)

At least a portion of their manure is applied to the same landscaping acreage.

Restaurant means a business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

Retail means the sale of goods or merchandise in small quantities to the consumer.

Roadside stand means a building or part of a building no more than 500 square feet used for the retail sale of agricultural and related incidental products, excluding livestock, produced on the farm where the stand is located. There shall be no more than one such stand on any one premises.

Sanitary landfill means a land disposal facility where solid waste is disposed on land by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to its smallest practical volume, and to cover it with a layer of earth or other approved material as required.

School, commercial, means a school limited to special instruction such as business, art, music trades, handicraft, dancing or riding.

School, private, means an elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for the mentally disabled or a college or other institution of higher learning.

Seat means furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.

Separate species facility means a livestock facility that meets all of the following criteria:

(1)

It has only one of the following types of livestock, and that type of livestock is not kept on any other livestock facility to which the separate species facility is related (see also Related livestock facility):

a.

Cattle.

b.

Swine.

c.

Poultry.

d.

Sheep.

e.

Goats.

(2)

It has no more than 500 animal units.

(3)

Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related.

(4)

It meets one of the following criteria:

a.

Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related.

b.

It and the other livestock facilities to which it is related have a combined total of fewer than 1,000 animal units.

Setback means the minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Signs means any medium, including its structure, 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 is visible from any public street or highway.

Site plan includes, but is not limited to, a drawing to scale of not less than one inch equals 50 feet, showing all physical aspects such as buildings, setback dimensions, sidewalks, driveways, playgrounds, parking, and so forth which pertain to the proposed development and its relation to the surrounding area in conformance to the zoning of the area in which the development will exist.

Stable, commercial, means a building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4.5 feet above the finished floor of such story. In the case of one family dwellings, two family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this Code.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Street yard means a yard extending across the full width of the lot, the depot of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structural component means any part of the framework of a building or other structure. The structural components of a building's exterior walls include the vertical studs, top and bottom plates, and window and doorsills and headers. A structural component may be non-loadbearing, such as the framework of a wall at the gable end of a one-story house. Wall coverings, such as siding on the exterior and dry wall on the interior, are not included in the definition of the term "structural component."

Structural erosion control measure means a retaining wall or other human-made structure whose primary function is to control erosion.

Structure means any human-made object with form, shape and utility, that is constructed or otherwise erected, attached to or permanently or temporarily placed, either upon the ground, a riverbed, streambed or lakebed or upon another structure. The term "structure" includes swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork such as graded areas, filled areas, ditches, berms or earthen terraces. The term "structure" does not include small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, bird feeders, birdhouses and birdbaths.

Substantial evidence means facts and information, other than mere personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

Temporary structure means a movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Tent or hoop-supported structure means any structure, building, enclosure, canopy, or tent top, with or without full sidewalls, temporary or permanent, primarily constructed of a frame of any material covered by a fabric of natural or synthetic material, whether opaque, translucent, or transparent, but does not include:

(1)

Family or individual camping tents used by the resident of the lot and the resident's non-paying guests for camping activities.

(2)

Party tents or canopies erected for a party or event.

(3)

Screen tents or picnic canopies of the type usually used to shelter a family picnic table or outdoor furniture.

Tourist camp means a tract or parcel of land on which one or more automobile trailers, tents or camp cabins are located, open to the public free or for a fee.

Transmission services means electric power lines, telephone and telegraph lines, communication towers, cables, sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are used to transport power, convey information or transport material between two points, other than wireless communication service facilities.

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

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Used or occupied, as applied to any land or building, shall be construed to include the term "intended, arranged, or designed to be used or occupied."

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Utility building or structure means an accessory building used for storage of gardening or home-related supplies of limited size not exceeding ten by 14 feet and no greater than nine feet in height.

Utility room means a room or area in the home used for the mechanicals of the home (furnace, water heater, water softener).

Value-added agriculture means a small commercial, manufacturing or service operation, which is accessory to an agricultural use. Examples of value-added agriculture include, but are not limited to, small scale food processing, handcrafting, agriculture-related product packaging and marketing, and agricultural tourism. These farm-based activities cannot exceed a certain size and scale, but may involve new structures. Additional permits and licenses may be required to carry on these activities.

Variance means a relaxation of the terms of this chapter by the zoning board of appeals when the literal enforcement of this chapter would deny to the property owner a use of the property of such property owner enjoyed as a right by other property owners within the same zoning district.

Vehicle, motor, means every device in, upon or by which any person or property is or may be transported.

Vending machine means a retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.

Vision setback area means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this chapter.

Wall, retaining, means a structure designed to resist the lateral displacement of soil or other materials.

Warehouse means a single unit building used primarily for the holding or storage of goods and merchandise.

Waste means manure, milking center waste, and other organic waste generated by a livestock facility.

Waste storage facility means one or more waste storage structures, and includes stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. The term "waste storage facility" does not include equipment used to apply waste to land.

Waste storage structure means a waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. The term "waste storage structure" does not include equipment used to apply waste to land. Pursuant to the purposes of Wis. Admin. Code §§ ATCP 51.12(2) and 51.14, the term "waste storage facility" does not include any of the following:

(1)

A structure used to collect and store waste under a livestock housing facility.

(2)

A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.

Wastewater treatment facility means the structures, equipment and ponds used to collect and process wastewater.

Winter grazing area means cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30. The term "winter grazing area" does not include any of the following:

(1)

An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.

(2)

An area which at any time has an average of more than four livestock animal units per acre.

(3)

An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water.

(4)

An area in which manure deposited by livestock causes nutrient levels to exceed the standards in Wis. Admin. Code § ATCP 51.16.

WPDES permit means a state pollutant discharge elimination permit issued by the state department of natural resources under Wis. Admin. Code ch. NR 243.

Yard means an open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of the principal building excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard, rear, means a yard extending the full width of the lot between the rear lot line to the nearest part of the principal building.

Yard, side, means a yard on each side of the principal building extending from the building to the lot line and from the front yard line to the rear yard line.

Yard, street, means yard abutting a street.

Yard, transitional, means that yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.

Zero lot line means the concept whereby two respective 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 the units.

Zoning permit means a permit issued by the zoning administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of the chapter.

(Code 1992, § 13-1-300)