The following words, terms and phrases, wherever they occur in this Title, shall have the meanings ascribed to them by this section. Definitions provided by this section include:
ABATETo reduce the degree, quantity, or intensity.
ABUTTINGHaving a common border with, or being separated from such common border by an alley or easement.
ACCESSA means of vehicular entry to or exit from a property, street or highway.
ACCESS, SECONDARYA means of vehicular or nonvehicular approach, entry to, or exit from property from a source other than a public street or highway.
ACTIVITY CENTERAn area which is typified by a concentration of nonresidential and/or multifamily development.
ADDITIONAny walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load-bearing wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.
ADJACENTAbutting, or being located directly across a right-of-way from, a separate lot.
ALLEYA public right-of-way usually of reduced width which affords a secondary means of access to abutting property.
ALTEREDThe act of changing the appearance of the outside of a structure or pavement.
ANIMAL UNITA measure which represents a common denominator for the purposed of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species which comprise a single animal unit:
Animal Unit Table |
|---|
Type of Livestock | Number of Animals per Animal Unit |
Horse (more than 2 years) | 1.0 |
Colt (less than 2 years) | 2.0 |
Cattle (more than 2 years) | 1.0 |
Cattle (less than 2 years) | 2.0 |
Calves (more than 1 year) | 4.0 |
Brood sow or boar | 2.5 |
Hogs (up to 220 pounds) | 5.0 |
Sheep | 7.0 |
Lambs | 14.0 |
Chickens | 200.0 |
Other poultry | 200.0 |
Source: The Stockman's Handbook |
APPEALA means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Title as expressly authorized by the provisions of §
13-4-912.
ATTICThat part of a building which is immediately below and wholly or partly within the roof framing.
AVERAGE GROUND ELEVATIONThe average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any given year. The 100-year flood.
BASEMENTA portion of a building located partly underground, but having one-half or less of its floor to ceiling height below the average grade of the adjoining ground.
BEDROOMA room in a residence marketed, designed, or otherwise likely to function primarily for sleeping.
BLANKET VARIANCEA variance which is automatically granted by a provision of this Title in order to reduce the creation of legal nonconforming developments (See §
13-3-307.) or legal nonconforming residential structures [See §
13-3-409(9).].
BUFFERYARDAny permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See Article E of Chapter
13-3.
BUILDINGA 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. Where independent units with separate entrances are divided by party walls, each unit is a building.
BUILDING ENVELOPEA component of a group development which conforms to the lot lines of developments which are not group developments, in that required minimum setback distances are measured from the building envelope line. (Refer to §§
13-3-208,
13-3-403, and
13-3-404.)
BUILDING FRONTThat exterior wall of a building which faces the front lot line of the lot.
BUILDING HEIGHTThe vertical distance from: 1) the average elevation of the adjoining ground level or 2) the established grade, 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. Also applies to structures.
BUILDING LINEA line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this Title. The building line determines the area in which buildings are permitted subject to all applicable provisions of this Title. This is also referred to as a "setback."
BUILDING SEPARATIONThe narrowest distance between two buildings. See "minimum building separation."
BUILDING SIZEThe total gross floor area of a building. See "maximum building size."
BUILDING, ACCESSORY(1) A building which:
(a) Is subordinate to and serves a principal structure or a principal use;
(b) Is subordinate in area, extent, and purpose to the principal structure or use served;
(c) Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Title; and
(d) Is customarily incidental to the principal structure or use.
(2) Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building
BUILDING, PRINCIPALA building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
BULKHEAD LINEA geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to §
30.11, Wisconsin Statutes, and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this Title.
CALIPERA measurement of the size of a tree equal to the diameter of its trunk measurement 0.5 foot above natural grade. Used for trees in a nursery setting.
CANDLEPOWERThe 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 emitted by any lamp, light source, or luminaire.
CARETAKER'S RESIDENCEA dwelling unit which is used exclusively by either the owner, manager, or operator of a principal permitted use and which is located on the same parcel as the principal use.
CELLARThat portion of the building having more than 1/2 of the floor-to-ceiling height below the average grade of the adjoining ground.
CHANGE OF USEA change in regular or temporary activity occurring on a property which, in the opinion of the Zoning Administrator, changes the classification of property from one land use category in §
13-3-206 to another category.
CLERESTORY WINDOWA window in which the lowest glassed area is a minimum of seven feet above the level of the floor located directly under the window.
CLIMAX TREEA tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include hickory, oak, maple, etc. See §
13-3-610.
COMMERCIAL VEHICLEAny motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered as a commercial vehicle.
COMMUNITY CHARACTERThe impression which an area makes in regard to the type, intensity, density, quality, appearance, and age of development.
COMPREHENSIVE MASTER PLANThe Comprehensive Master Plan of the City of Delavan, Wisconsin, adopted in 1991 and as subsequently amended.
DAY CARESee "family day-care home," "intermediate day-care home," or "group day-care center."
DECKA structure that has no roof or walls. Can be attached or detached to the principle structure. If attached, it is required to have main supports and continuous footings below grade by 48 inches and must be raised above grade and must comply with principal setback requirements, or as modified by §
13-3-406(4). If detached, it shall be an accessory structure.
DEDICATIONThe transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee-simple interest, including an easement.
DENA room in a dwelling unit containing no closets that is smaller than the prime living room.
DENSITYA term used to describe the number of dwelling units per acre.
DEVELOPERThe legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an optionee or contract purchaser.
DEVELOPMENTThe division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Title.
DEVELOPMENT OPTION(S)The type of residential or nonresidential development as categorized by the proportion of the site devoted to permanently protected green space. See §
13-3-304 for residential uses, and §
13-3-305 for nonresidential uses.
DEVELOPMENT PADThe area of a lot within a large lot residential development which is devoted to structures and septic systems. See §
13-3-510(2)(d).
DIRECT ACCESSA condition of immediate physical connection resulting from adjacency of a road or right-of-way abutting a property.
DRAINAGEThe 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.
DRIPLINEOuter perimeter edge of a tree canopy as transferred perpendicularly to ground level.
DRYLAND ACCESSA vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough to accommodate wheeled vehicles.
DWELLINGA residential building or one or more portions thereof occupied or intended to be occupied exclusively for residence purpose, but not including habitations provided in nonresidential uses, such as lodging uses and commercial campgrounds.
DWELLING UNITA room or group of rooms providing or intended to provide living quarters for not more than one family. See §
13-3-403(1) through (16).
DWELLING, ATTACHEDA dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, SINGLE-FAMILY DETACHEDA dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit.
EASEMENTAuthorization by a property owner for another party to use for a specified purpose any designated part of his property.
ELEVATED BUILDINGA nonbasement building built to have its lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls.
ENCROACHMENTAny fill, structure, building, use, or development in the floodway.
ENVIRONMENTAL CONTROL FACILITYAny facility, temporary or permanent, which is reasonably expected to abate, reduce, or aid in the prevention, measurement, control or monitoring of noise, air, or water pollutants, solid waste or thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
EQUESTRIAN DEVELOPMENTA development (which is a form of loose cluster development) which contains permanently protected open space at a minimum of 15% and permits the keeping of horses on private lots or common green space. See §
13-3-206(1)(b).
ERECTEDThe act of establishing the physical presence of a structure or pavement.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
ESSENTIAL SERVICESFacilities that are:
(1) Owned or maintained by public utility companies or public agencies; and
(2) Located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way; and
(3) Reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers; and
(4) Not including any cross-country line on towers.
EXTRATERRITORIAL AREAThe area outside of the City limits in which the City of Delavan exercises extraterritorial powers of land division and/or zoning review.
FAMILYAn 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 four persons not so related maintaining a common household.
FIRST HABITABLE FLOORThe top surface above an unfinished basement, cellar or crawl space that is intended for living quarters.
FLOODA general and temporary condition of partial or complete inundation of normally dry land areas caused by:
(1) The overflow or rise of inland waters;
(2) The rapid accumulation or runoff of surface water from any source; and
(3) The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.
FLOOD FREQUENCYThe probability of a flood occurrence. A flood frequency is generally determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.
FLOOD FRINGEThat area of the floodplain lying outside of the floodway but still lying within the 100-year floodplain.
FLOOD INSURANCE RATE MAP (FIRM)An official map of a community on which the Federal Emergency Management Agency has delineated both the flood fringe and floodway areas.
FLOOD INSURANCE STUDYThe official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Map and the water surface elevation of the base flood.
FLOOD PROTECTION ELEVATIONAn elevation two feet of freeboard above the water surface profile elevation designated for the regional flood.
FLOOD STORAGEThose floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
FLOODLANDSFor the purpose of this Code, all lands contained in the regional flood. For the purpose of zoning regulation, the floodlands are divided into the Floodway Overlay District, the Floodplain Conservancy Overlay District, and the Floodplain Fringe Overlay District.
FLOODPLAINThose areas along streams or swales inundated by the 100-year flood, comprised of the floodway and flood fringe areas, as designated on the FEMA flood insurance maps. See §
13-3-503.
FLOODPLAIN FRINGEThose floodlands, outside the floodway, subject to inundation by the regional flood. For the purpose of this Code, the floodplain fringe includes the Floodplain Conservancy Overlay Zoning District and Floodplain Fringe Overlay Zoning District.
FLOODPLAIN ISLANDA natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
FLOODPROOFINGStructural additions, changes, or adjustments to structures subject to flooding which reduce or eliminate flood damages to a structure, and/or its contents.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a building. including interior balconies, mezzanines, basements and 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 inside of the exterior walls and to the center of interior walls.
FLOOR AREA RATIO (FAR)The ratio calculated by dividing the total floor area of all buildings on a site by the gross site area. See "maximum floor area ratio." See also the Key to Table 13-3-305, and §
13-3-403(1) through (16).
FOOTCANDLEA unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FREEBOARDRepresents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors may include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or stream bed.
FULL FLOORAny floor which is completely or partially habitable per the Building Inspector.
GARAGE (RESIDENTIAL)A detached accessory building or portion of the principal building, including a carport, used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of 10,000 pounds. See §
13-3-206(8)(d).
GAS STATIONSee "in-vehicle sales" or "in-vehicle service."
GENERAL FLOOR PLANSA graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
GLAREThe brightness of a light source which causes eye discomfort.
GREEN SPACE RATIO (GSR)The percentage of the gross site area which is preserved as permanently protected green space. Green space ratio is calculated by dividing the area of permanently protected green space by the gross site area. See "minimum green space ratio." See also, the Key to Table 13-3-304.
GROSS DENSITYThe result of dividing the number of dwelling units located on a site by the gross site area. See "maximum gross density." See also, the Key to Table 13-3-304.
GROSS SITE AREA (GSA)The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development, as determined by the calculation contained in § 13-3-303(3)(a). See "minimum site area." See also, the Key to Table 13-3-304.
HEARING NOTICEPublication or posting meeting the requirements of Chapter
985, Wisconsin Statutes. Class 1 notice is the minimum required for appeals: published once at least one week (seven days) before hearing. Class 2 notice is the minimum required for all zoning ordinances and amendments, including map amendments: published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
HIGH FLOOD DAMAGE POTENTIALAny danger to human life or public health or the potential for any significant economic loss to a structure or its contents.
HISTORIC STRUCTURE(Federal rule, October 1990) Any structure that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs.
HOLDING ZONEA zoning district designed to limit development potential until adequate public services and infrastructure are provided.
INCREASE IN REGIONAL FLOOD HEIGHTA calculated upward rise in the regional flood elevation, equal or greater than 0.01 foot, resulting in comparison of existing conditions and proposed conditions which is directly attributable to manipulation of mathematical variables, such as roughness factors, expansion and contraction coefficients and discharge.
INFILL DEVELOPMENTDevelopment located in areas which are for the most part developed already.
INSTITUTIONAL LAND USE(S)Includes active and passive outdoor public recreational, indoor and outdoor institutional, public service and utilities, institutional residential, and community living arrangement uses, as defined in §
13-3-206(3).
INTENSITYA term used to describe the amount of gross floor area or landscaped area on a lot or site compared to the gross area of the lot or site.
LAKESHOREThose lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream; or to a landward side of the floodplain, whichever distance is the greater. Lakeshores shall not include those lands adjacent to farm drainage ditches where a) such lands are not adjacent to a navigable stream or river; b) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and c) such lands are maintained in nonstructural agricultural use. See §
13-3-505(1).
LAND USEThe type of development and/or activity occurring on a piece of property.
LANDSCAPE SURFACE AREA RATIO (LSR)The percentage of the gross site area or lot area which is preserved as permanently protected landscaped area. Landscape surface ratio is calculated by dividing the area of permanently protected landscape by the gross site area. See the Key to Table 13-3-305 and §
13-3-403.
LANDSCAPED AREAThe area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced ground covers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters.
LOCAL RESIDENTIAL STREETA road which primarily serves to collect traffic originating directly from residential driveways and private residential courts and streets.
LOTA parcel of land that:
(1) Is undivided by any street or private road;
(2) Is occupied by, or designated to be developed for, one building or principal use; and
(3) Contains the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designed and arranged or required by this Title for such building, use, or development.
LOT AREAThe area contained within the property boundaries of a recorded lot. See "minimum lot area." See also, Key to Table 13-3-304 and Key to Table 13-3-305.
LOT CORNERA lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135°.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line of a lot.
LOT FRONTAGELot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured and the minimum lot width required by this Title shall be provided at each such line.
LOT LINEThe property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this Title.
LOT LINE, FRONTA lot line which abuts a public or private street right-of-way. In the case of a lot which has two of more street frontages, the lot line along the street from which the house is addressed shall be the front lot line.
LOT LINE, REARIn the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.
LOT LINE, SIDEAny boundary of a lot which is not a front lot line, a street side lot line, or a rear lot line.
LOT LINE, STREET SIDEAny lot line which abuts a public or private street right-of-way which is not the front lot line.
LOT OF RECORDA platted lot or lot described in a certified survey map or metes and bounds description which has been approved by the City or by Walworth County; and has been recorded in the office of the Register of Deeds.
LOT WIDTHThe maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard. See "minimum lot width."
LOT, THROUGHA lot which has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac). Except for through lots which abut an arterial or nonresidential collector street, through lots shall be prohibited under the provisions of this Title.
LOWEST FLOORThe lowest enclosed floor (including basement). Any unfinished or flood-resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Title.
MAINTENANCE GUARANTEEA guarantee of facilities or work to either ensure the correction of any failures of any improvements required pursuant to this Title or to maintain same.
MASTER PLANA plan, map, report, or other document pertaining to the physical development of the City which has been adopted by the City Plan Commission, as described in Wisconsin Statutes § "62.23(2) and (3).
MAXIMUM BUILDING SIZE (MBS)The largest permitted total gross floor area a building may contain. See "building size." See also, the Key to Table 13-3-305.
MAXIMUM FLOOR AREA RATIO (FAR)The largest amount of floor area permitted on a site. See "floor area ratio" which is calculated by dividing the total floor area of all buildings on a site by the gross site area. See also the Key to Table 13-3-305 and §
13-3-403.
MAXIMUM GROSS DENSITY (MGD)The maximum number of dwelling units permitted per acre of gross site area. See "gross density." See also the Key to Table 13-3-304.
MINIMUM FLOOR ELEVATIONThe lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.
MINIMUM LOT AREA (MLA)The minimum size lot permitted within the specified zoning district and development option. See also the Keys to Tables 13-3-304 and 13-3-305.
MINIMUM LOT WIDTHThe smallest permissible lot width for the applicable dwelling unit type (§
13-3-403) or nonresidential development option (Table 13-3-404). See also, "lot width."
MINIMUM SITE AREA (MSA)The minimum gross site area in which the specified development option may occur. See "gross site area (GSA)." See also the Key to Table 13-3-304.
MUSEUMAn indoor institutional land use for the purposes of displaying and storing objects of public interest.
NAVIGABLE WATERLake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)] For the purposes of this Title, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
NET DEVELOPABLE AREA (NDA)The area of a site which may be disturbed by development activity. Net developable area is calculated in § 13-3-303(3)(c), and is the result of subtracting required resource protection area (RPA) from the gross site area (GSA).
NONCONFORMING USEAn active and actual use of land, buildings or structures lawfully existing prior to this Title which has continued as the same use to the present and which does not comply with all the applicable regulations of this Title. See §
13-3-207.
NOXIOUS MATTER OR MATERIALSMaterial capable of causing injury to living organisms by chemical reaction, or that is capable of causing detrimental effects on the physical or economic well-being of individuals.
OBSTRUCTION TO FLOWAny development which physically blocks the conveyance of floodwaters such that this development by itself or in conjunction with any future similar development will cause an increase in regional flood height.
OFFICIAL MAPThe map adopted by the Common Council which indicates the existing and proposed location of streets, highways, parks, playgrounds, roads, rights-of-way, waterways, public transit facilities and other public facilities as authorized by state statutes.
ON-SITELocated on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.
OPACITYThe degree to which vision is blocked by bufferyard. Opacity is the proportion of a bufferyard's vertical plane which obstructs views into an adjoining property.
OPEN SALES LOTAn unenclosed portion of a lot or lot of record where goods are displayed for sale, rent or trade.
ORDINARY HIGH-WATER MARKThe point on the bank or shore of a body of water up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
OTHER PERMANENTLY PROTECTED GREEN SPACEPermanently protected green space areas which are not constrained by one of the protected natural resources under Article D of Chapter
13-3. Examples include portions of private lots, outlots, or parcels commonly held by a property owners' association (as in a cluster development) which are deed restricted from site disruption. See § 13-3-509.
OWNERThe person or persons having the right of legal title to a lot or parcel of land.
PARCELThe area within the boundary lines of a lot.
PARK AND RECREATION LAND USESAreas of open space and outdoor recreational facilities set aside for public use. See active outdoor public recreation and passive outdoor public recreation uses as defined in §
13-3-206(3)(a) and (b). Also includes public indoor institutional uses that provide indoor recreation facilities to the public, such as a community center or YMCA, and may include other accessory indoor entertainment uses affiliated with the public use, for example a snack bar in a golf course clubhouse.
PERFORMANCE GUARANTEEA financial guarantee to ensure that all improvements, facilities, or work required by this Title will be completed in compliance with the Title, regulations and the approved plans and specifications of a development.
PERFORMANCE STANDARDCriterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. See Article F of Chapter
13-3.
PRINCIPAL USEAny and all of the primary uses of a property, treated as a use permitted by right, as a special use, or as a conditional use (rather than as an accessory use or a temporary use) per §
13-3-206(1) through (7).
PRIVATE SEWAGE SYSTEMA sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the Department of Industry, Labor, and Human Relations, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure.
PROTECTED NATURAL RESOURCESResources such as floodways, floodway fringes, floodplain conservancy areas, wetlands, drainageways, woodlands, steep slopes, and lakeshores, which are protected by the provisions of this Title. See §
13-2-106 and Article D of Chapter
13-3.
PUBLIC ART(1) Art that has been issued a public art permit under Title 7, Chapter
7-15, of the City of Delavan Code of Ordinances. Includes works of art in any media that have been planned and executed with the specific intention of being sited or staged in or have the ability to be viewed from the physical public domain, usually outside and accessible to all. Public art includes all forms of visual art originally created by an artist or under the artist's direction, whether contemporary or traditional in style, that is located outdoors and is visible to the general public. Works of public art to be placed in the community may include:
(a) Sculpture and kinetic art: freestanding, wall-supported or suspended; in any appropriate material or combination of materials.
(b) Murals and paintings: in any appropriate material or variety of materials, with or without collage.
(c) Mosaics: including tiled composites on walkway, street furniture and wall surfaces.
(d) Water features: including fountains, waterfalls and decorative pools.
(e) Earthworks: environmental works in appropriate outdoor sites.
(f) Glass: including but not limited to ceramics, and lighted glass, including neon and plastic.
(g) Functional art: including decorative furnishings or fixtures, but not limited to gates, railings, streetlights or seating, if created or decorated by artists as unique elements.
(2) Public art for which a permit application has not been approved by the Common Council under Title 7, Chapter
7-15, of the City of Delavan Code of Ordinances shall be subject to the provisions of the applicable sections of the Zoning Code and any other ordinance that regulates signs and land use including any applicable overlay district(s).
PUBLIC IMPROVEMENTAny improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs, such as streets, roads, alleys or pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.
PUBLIC SEWERIncludes the City of Delavan 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.
RELOCATEDThe act of changing the location of a structure or pavement.
REQUIRED RESOURCE PROTECTION AREA (RPA)The area of a site which may not be disturbed by development activity and which must also be reserved as permanently protected green space. Required resource protection area is calculated in § 13-3-303(3)(b), and is the result of subtracting the net developable area (NDA) from the gross site area (GSA).
RESIDENTIAL COLLECTOR STREETA collector street serving primarily residential land uses which primarily serves to connect local residential streets to collector or arterial streets.
RESTRICTIVE, MORE (LESS)A regulation imposed by this Title is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications.
SCALE (OF DEVELOPMENT)A term used to describe the gross floor area, height, or volume of a single structure or group of structures.
SEDIMENTATIONThe deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.
SETBACKThe shortest distance between a building's or structure's exterior from the nearest point on the referenced lot line. See "minimum setback."
SHEET 2 OF OFFICIAL ZONING MAPThe officially adopted map depicting the boundaries of natural resource protection overlay zoning districts. Where this document has not been officially adopted, it shall be compiled by the property owner and approved by City staff from other applicable source maps and on-site analysis as depicted on a Detailed Site Analysis Map as described in §
13-3-510(3)(b).
SHORELANDSThose lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where a) such lands are not adjacent to a navigable stream or river; b) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and c) such lands are maintained in nonstructural agricultural use.
SIGNSee § 13-3-802. See also, § 13-3-802 for applicable procedures.
SKYLIGHTA window or other paned area located on the ceiling or roof of a structure.
SOLID FENCEAny fence which cannot be seen through. Such fences include basket weave fences, stockade fences, plank fences, and similar fences.
SPECIAL USEA land use which must be developed per a set of requirements specifically applying to that use. See §§
13-3-202(3) and
13-4-904 for applicable procedures.
START OF CONSTRUCTIONThe date the building permit is issued, provided that the actual start of activity was within 730 calendar days of the permit date. The actual start of activity means either the first placement of permanent construction of a structure on the site, such as the pouring of a slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations; nor does it include the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. Neither a basement nor a cellar shall be counted as a story.
STREETAny public or private way dedicated or permanently open to pedestrian and vehicular use which is 22 feet or more in width if it exists at the time of enactment of this Title; and any such public right-of-way 66 feet or wider in width when established after the effective date of this Title.
STRIP DEVELOPMENTA pattern of land uses typified by nonresidential and/or multifamily development located along one or both sides of a street which is generally only one lot deep and which is characterized by many curb cuts, low green space ratios, low landscape surface ratios, high floor area ratios, and/or low quantities of landscaping.
STRUCTUREAnything constructed or erected, the use of which requires a more or less permanent location on the ground, streambed, or lake bed, or attached to something having a permanent location on the ground, streambed, or lake bed, excepting public utility fixtures and appurtenances.
SUBSTANDARD BUILDING OR STRUCTUREAny building or other structure which is lawfully existing under provisions preceding this Title which would not conform to the applicable regulations if the building or structure were to be erected under the provisions of this Title. See §
13-3-409.
SUBSTANDARD DEVELOPMENTA lawful development approved under provisions preceding the effective date of this Title which would not conform to the applicable regulations if the development were to be created under the current provisions of this Title. See §
13-3-307.
SUBSTANDARD LOTA lot of record which lawfully existed prior to this Title which would not conform to the applicable regulations if the lot were to be created under the current provisions of this Title. See §
13-3-408.
SUBSTANTIAL IMPROVEMENT(1) Any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; and
(b) Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society, or listed on the National Register of Historic Places.
(2) Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. (For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.)
SWALEA linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.
TEMPORARY USEA land use which is present on a property for a limited and specified period of time. See §
13-3-206(9). See also §
13-4-906 for applicable procedures.
TRUCK STOPSee "in-vehicle sales" and "in-vehicle service."
UNNECESSARY HARDSHIPThe circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the Title.
USEThe purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
VARIANCEPermission to depart from the literal requirements of this Title granted pursuant to §
13-4-910.
WETLANDAn area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. See §
13-3-504(2).
WISCONSIN WETLAND INVENTORY MAPMaps prepared by the Southeastern Wisconsin Regional Planning Commission for the Wisconsin Department of Natural Resources, noted as "Final" as of December 12, 1986.
WORKING DAYSMonday, Tuesday, Wednesday, Thursday or Friday; excluding holidays granted by the City of Delavan to its department heads.
YARDA required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Title. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONTA 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 a depth required in the yard regulations for the district in which such lot is located.
YARD, REARA yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD, SIDEA yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.