Words and terms defined. For the purpose of this chapter, certain terms and phrases are defined below and shall have the meaning ascribed to them, except where the context clearly indicates a different meaning.
ACCESSORY BUILDING
See "building, accessory."
ACCESSORY LAND USE
See "land use, accessory."
ADULT ARCADE
An establishment where coin-operated, slug-operated, electronically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer individuals per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BATHHOUSE
An establishment which provides the services of baths, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities.
ADULT BODY PAINTING STUDIO
An establishment wherein patrons are afforded an opportunity to paint images on another person's body which is wholly or partially nude. An adult body painting studio shall not be deemed to include a tattoo parlor.
ADULT BOOK/VIDEO STORE
(1)
An establishment that as one of its principal business purposes offers for sale, lease, or rental any of the following:
(a)
Books, magazines, periodicals, or other printed matter that is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas;
(b)
Photographs, paintings, or other visual renderings that are distinguished or characterized by an emphasis on the depiction of specified sexual activities or specified anatomical areas;
(c)
Films, motion pictures, videocassettes, video reproductions, DVDs, CD-ROMs, or similar media that are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas;
(d)
Games, whether electronic or non-electronic, that are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or
(e)
Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(2)
A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
(3)
This definition excludes films, motion pictures, videocassettes, streaming videos, DVDs, slides or other similar photographic reproductions given an "R" or "NC-17" rating by the Motion Picture Association of America.
ADULT CABARET
(1)
An establishment, such as a nightclub, dance hall, bar, restaurant, or similar establishment, that regularly features:
(a)
Persons who appear seminude;
(b)
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(c)
Films, motion pictures, videocassettes, streaming videos, DVDs, slides or other photographic reproductions which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas.
(2)
This definition excludes films, motion pictures, videocassettes, slides, or other similar photographic reproductions given an "R" or "NC-17" rating by the Motion Picture Association of America.
ADULT MASSAGE PARLOR
An establishment with or without sleeping accommodations that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State of Wisconsin and which establishment provides for its patrons the opportunity to engage in specified sexual activities.
ADULT MODELING STUDIO
An establishment that provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise.
ADULT MOTION-PICTURE THEATER
An establishment that, for any form of consideration, regularly shows films, motion pictures, videocassettes, streaming videos, DVDs, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. This definition excludes films, motion pictures, videocassettes, streaming videos, DVDs, slides or other similar photographic reproductions given an "R" or "NC-17" rating by the Motion Picture Association of America.
ADULT-ORIENTED ESTABLISHMENT
A business that regularly features either live nudity or live seminudity as a permanent focus of its business, giving special prominence to such content on a permanent basis, as cited in Kraimer v. City of Schofield, 342 F. Supp. 2d 807 at page 822, citing Schultz v. City of Cumberland, 228 F.3d 831, or otherwise permits live display of specified sexual activities to members of the public. "Adult-oriented establishment" shall include within its definition, without limitation, adult arcades, adult bathhouses, adult body painting studios, adult book/video stores, adult cabarets, adult massage parlors, adult modeling studios and adult motion-picture theaters, and further includes any premises to which public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common area of the premises for the purposes of viewing sexually oriented motion pictures, or wherein an entertainer provides sexually oriented entertainment to a member of the public, a patron or a member, whether or not such sexually oriented entertainment is held, conducted, operated, or maintained directly or indirectly and/or for profit.
AGRICULTURAL WASTE
Manure, milking center waste, and other organic waste generated by a livestock facility.
AGRICULTURAL ZONING DISTRICT
A zoning district established by this chapter that has an "A" followed by a number as its abbreviation (e.g., A-2).
ALLEY
A vehicular accessway that provides primary vehicular access to the back of the lots that front on a street.
ALTERNATIVE TOWER STRUCTURE
Man-made towers, water towers, buildings, bell steeples, light poles, electric transmission and distribution structures, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers (Exhibits 3-1 and 3-2).
ANIMAL UNIT
A unit of measure used to regulate the number of various types of livestock and other farm animals by type. In Wisconsin, one animal unit is equivalent to one beef cow or steer (600 pounds or more) or any combination of other animals based on assigned animal unit factors.
ANIMAL UNIT EQUIVALENT FACTOR
A numeric value assigned to various types of livestock and other farm animals in relation to one beef cow or steer (600 pounds to market). For the purpose of this chapter, the animal unit factors established by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Ch. NR 243, Wis. Adm. Code, are to be used. Those factors as of January 2006 are listed in Table 3-1.
APPEAL
A process initiated by an aggrieved party to review a decision made pursuant to this chapter or an alleged failure to act as required by this chapter.
APPLICANT
A person that submits an application as required by this chapter.
ARBOR
A structure over a walkway or other open area usually consisting of parallel colonnades supporting an open roof of girders or cross rafters often supporting vines or other plants (Exhibit 3-3).
AUTO TITLE LOAN BUSINESS
Any person licensed pursuant to § 138.09, Wis. Stats., who makes a loan that is secured by an interest, other than a purchase money security interest, in the borrower's motor vehicle.
BASE ZONING DISTRICT
See "zoning district, base."
BEE COLONY
An aggregate of honeybees, consisting of workers, drones, queen, brood, combs, and honey.
BEEKEEPER
A person who keeps one or more colonies of honeybees.
BERM
A mound or embankment of earth typically installed to provide screening or for aesthetic effect.
BLASTING
The use of an explosive material to loosen, move, or shatter a mass of earth materials.
BOARD OF APPEALS, ZONING
The body appointed under authority of § 62.23, Wis. Stats., to hear and decide administrative appeals, variances, and other matters as allowed by this chapter and state law.
BODY PIERCER
An individual who performs body piercing on any human body part or tissue, except an ear, on another person upon his or her request.
BODY PIERCING
The perforating of any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing.
BUFFER YARD
A linear strip of undeveloped land, along with landscaping or a fence, that is located between two different zoning districts that have potentially incompatible characteristics. Buffer yards are intended to create separation between incompatible land uses and eliminate or lessen the impacts (e.g., noise, dust, glare of lights, outdoor activities) of the most intrusive land use on the other.
BUILDING
A structure having a roof supported by walls or columns, or other supports, intended for the shelter or enclosure of people, animals, goods, or property of any kind.
BUILDING AREA
The total horizontal projected area of a building.
BUILDING CODES
Those regulations adopted by a municipality or the state that regulate the construction, repair, alteration, demolition, and maintenance of buildings.
BUILDING PERMIT
A permit issued prior to an addition to, or the construction, alteration, repair or demolition of, a structure. (In contrast, see "zoning permit.")
BUILDING SCALE
The relationship between the mass of a building and its surroundings, including streets, open spaces, and surrounding buildings. Mass is the three-dimensional bulk of a structure: height, width, and depth.
BUILDING, ACCESSORY
A detached building, not used as a dwelling unit, that is incidental and subordinate to the use of the principal building and which is located on the same lot.
BUILDING, PRINCIPAL
The building on a lot in which the principal use, as permitted on such lot by the regulations of the district in which it is located, is conducted.
BURDEN OF PROOF
The obligation of a party to establish a fact by evidence.
CALIPER
The diameter of a tree, measured at a point six inches above the ground line if the resulting measurement is not more than four inches. If the resulting measurement is more than four inches, the measurement is taken 12 inches above the ground line.
CAMPGROUND SPACE
A designated portion of a campground that is rented for the exclusive use of its occupants. A campground space may include a parking spur, fire ring, table, and other amenities.
CFR
An acronym for Code of Federal Regulations.
CO-LOCATION
The location of multiple antennas of more than one commercial wireless communication service provider or governmental entity on a single tower or alternative tower structure.
COMMERCIAL OR BUSINESS ZONING DISTRICT
A base zoning district established by this chapter that has "B" followed by a number as its abbreviation (e.g., B-1).
COMPREHENSIVE PLAN
The document that the Village of Fox Crossing Village Board adopted consistent with § 66.1001, Wis. Stats.[1]
CONDITIONAL USE
See "land use, conditional."
CONDITIONAL USE PERMIT
A permit issued by the Director of Community Development authorizing establishment of a conditional use consistent with the provisions of this chapter.
CONDOMINIUM
A form of ownership with unrestricted right of disposal of one or more units in a multiple-unit project with the land and all other parts of the project held in common ownership or use with owners of the other units.
CORNER LOT
See "lot, corner."
CURB
The barrier used to separate a street and other vehicle use areas from the surrounding environs.
DAWN TO DUSK
The time period extending from 30 minutes before sunrise to 30 minutes after sunset of any given day.
dBA
An abbreviation for decibels, A-weighted
DECIBELS, A-WEIGHTED (dBA)
A unit for expressing the relative intensity of sounds in air on a scale from zero, for the average least perceptible sound, to about 130, for the average level at which sound causes pain to humans. The A-weighting system is typically used to measure environmental noise (e.g., noise from aircraft, railroad lines, and roadways).
DECK
An unenclosed exterior structure, attached or adjacent to the exterior wall of a building, which has a floor but no roof (Exhibit 3-4).
DENSITY
As the context would indicate, the number of existing, proposed, or permitted dwelling units in a given area.
DEVELOPMENT
Any activity that must comply with, or is in any way regulated by, this chapter.
DEVELOPMENT AGREEMENT
A contract between a developer and a municipality that describes the obligations of both parties regarding a private development project.
DISABILITY
A mental or physical impairment that substantially limits one or more life activities.
DISTINGUISHED OR CHARACTERIZED BY
The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of specified sexual activities or specified anatomical areas.
DISTRICT
See "zoning district."
DOUBLE FRONTAGE LOT
See "lot, through."
DUSK TO DAWN
The time period extending from 30 minutes after sunset to 30 minutes before sunrise of any given day.
DWELLING UNIT
A structure, or portion thereof, that is intended to be used as a home or residence for one family, which includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT
A non-possessory legal right a person has to the property of another for a specific use. An easement may apply to the entire property or a portion thereof and may be perpetual or temporary, expiring after a period of time or after a certain event occurs. A utility easement, for example, would allow any person with a right to use the easement to install and maintain utilities across, over, or under the subject land. A road easement would likewise allow the installation and maintenance of a driveway or roadway along with ancillary utilities.
ELECTRONIC MESSAGE DISPLAY
A type of sign display where the message is created with a number of internal lights, such as light-emitting diodes (LEDs), and which may be changed at intervals by an electronic process.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
An independent federal agency established in the executive branch that implements major environmental legislation.
EQUALIZED ASSESSED VALUE
The estimated market value of a property, including land and improvements.
FAA
An acronym for Federal Aviation Administration.
FAMILY
One individual living alone in a dwelling unit or two or more individuals living together in a dwelling unit as a single housekeeping unit.
FARM
A parcel of land or a collection of two or more contiguous parcels of land in common ownership provided more than 50% of the entire land area is assigned for property tax purposes to one or more of the following use classifications as defined by the Wisconsin Department of Revenue pursuant to § 70.32(2), Wis. Stats.:
(1)
Agricultural land: Class 4.
(2)
Agricultural forest: Class 5m; or
(3)
Productive forest: Class 6.
FARM PRODUCTS
Agricultural, horticultural, and arboricultural crops. Animals considered within the definition of "agricultural" include, but are not limited to, livestock and stable animals.
FCC
An acronym for Federal Communications Commission.
FEDERAL AVIATION ADMINISTRATION (FAA)
A federal agency within the U.S. Department of Transportation with the authority to regulate air commerce to promote its safety and development; encourage and develop civil aviation, air traffic control, and air navigation; and promote the development of a national system of airports.
FEDERAL COMMUNICATIONS COMMISSION (FCC)
A federal agency established by the Communications Act of 1934 to regulate broadcast communications (wire, radio, and television) in the United States.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
A federal agency with a mission to reduce loss of life and property and protect our nation's critical infrastructure from all types of hazards through a comprehensive, risk-based emergency management program of mitigation, preparedness, response, and recovery.
FINDING
A written conclusion or determination that is considered in reaching a decision.
FLOODPLAIN
That land which has been or may be covered by floodwater during a regional flood. The floodplain includes the floodway and the flood-fringe and may include other designated floodplain areas for regulatory purposes.
FLOOR AREA
The total horizontal area contained within the outside perimeter of a building.
FLYWAY BARRIER
As relates to beekeeping, an obstruction consisting of a solid wall, fence, dense vegetation, or combination thereof, so bees are forced to fly over the material to reach the colony.
FUGITIVE DUST
The solid airborne particulate matter resulting from any activity conducted on a parcel zoned or used for industrial or commercial purposes.
GARAGE
A structure used for storing motorized vehicles that has any more than two sides completely enclosed.
HAZARD
A condition, whether man-made or natural, that presents a tangible danger to the public health, safety, and general welfare.
HAZARDOUS SUBSTANCE
A material regulated by the Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. §§ 1101 to 11050, as may be amended.
HAZARDOUS WASTE
A waste or combination of wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(1)
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(2)
Pose a substantial present or future hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise mismanaged.
HEALTHY SUSTAINABLE BUSINESS NETWORK (HSBN)
A program that identifies those business neighborhoods/networks demonstrating leadership in health and wellness, safety and sustainable business practices in the Village of Fox Crossing.
HIVE
As relates to beekeeping, a receptacle inhabited by a colony of honeybees.
HONEYBEE
All life stages of the common domestic honeybee, Apis mellifera species of European origin, including the queen and drones.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. The term includes, without limitation due to enumeration, all areas covered by structures, decks, roof extensions, patios, porches, driveways, sidewalks, parking lots, pavement, gravel, compacted clay, and loading docks, all as measured on a horizontal plane.
INDUSTRIAL ZONING DISTRICT
A base zoning district established by this chapter that has an "I" followed by a number as its abbreviation (e.g., I-1).
INTERIOR LOT
See "lot, interior."
INTERSTATE HIGHWAY
A highway at any time officially designated as part of the national system of interstate and defense highways by the Wisconsin Department of Transportation and as approved by the appropriate authority of the federal government.
KENNEL, PRIVATE
A place where no more than four dogs, cats or other domesticated animals over six months of age are kept.
KILOWATT (KW)
A unit of power equal to 1,000 watts.
LAND
The earth, water, and air above, below or on the surface.
LAND USE
As the context indicates:
(1)
The development that has occurred on the land;
(2)
Development that is proposed for the land; or
(3)
The use permitted for the land under this chapter.
LAND USE, ACCESSORY
A land use that is incidental and subordinate to and customarily found with a principal land use.
LAND USE, CONDITIONAL
A land use that would not be appropriate generally or without restriction throughout a specified area but if controlled as to the number, area, location, or relation to the surrounding properties by the imposition of appropriate conditions could be appropriate in the specified area.
LAND USE, PERMITTED BY RIGHT
A land use that is allowed throughout a specified area. Land uses permitted by right may be reviewed through a site plan review process and shall otherwise be reviewed to ensure that all provisions of local, state, and federal regulations are met.
LAND USE, PRINCIPAL
The dominant land use or uses of a parcel of land.
LAND USE, TEMPORARY
A land use which is on a parcel of land for a limited and specified period of time, up to six months.
LANDSCAPING PLAN
A drawing of a subject property that shows existing and/or proposed landscaping elements and other features as required by this chapter. Depending on the nature of the development project, the content of a landscaping plan can be shown on a site plan. (Also see "site plan.")
LIVESTOCK
Includes bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids (camels), ratites (ostrich, emu), and farm-raised fish. This does not include animals bred for the specific purpose of living inside the dwelling as determined by the Zoning Administrator.
LOADING AREA
An off-street area set aside for the purpose of unloading or loading a motor vehicle, trailer, or truck.
LOT
A parcel of ground with a definable location based on a recorded survey or similar instrument.
LOT AREA
As the context would indicate, lot area can refer to the minimum required area, actual area, or proposed area.
LOT FRONTAGE
The linear distance a lot abuts on a street right-of-way or other similar feature. As the context would indicate, lot frontage can refer to the minimum required distance, actual distance, or proposed distance.
LOT LINE
A line dividing one parcel of land from another.
LOT LINE, FRONT
A property boundary line described for each of the following types of lots:
(1)
Interior lot, the property boundary line abutting a street;
(2)
Corner lot, the property boundary line associated with the street address of the parcel abutting a street;
(3)
Through lot, if access restricted, the property boundary line abutting the street providing the primary access to the lot, or if not access restricted, the property boundary lines abutting both streets; and
(4)
Flag lot, the interior property boundary line most parallel to and nearest the street from which access is obtained.
LOT LINE, REAR
A property boundary line that does not intersect a front lot line and that is most distant from and most closely parallel to the front lot line.
LOT LINE, SIDE
A property boundary line that is not a front or rear lot line.
LOT, CORNER
A lot situated at the junction of and fronting on two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the front lot line meet at an interior angle of less than 135°.
LOT, FLAG
A lot with access provided by a corridor from a street to the bulk of the lot.
LOT, INTERIOR
A lot that abuts only one street.
LOT, THROUGH
A lot having a frontage on two streets that are more or less parallel to one another.
LOW-IMPACT STORMWATER DESIGN
A design approach to stormwater management intended to mimic the predevelopment hydrology of a site. Initial site design strategies include minimizing impervious surfaces and the integration of existing wetlands, riparian areas, and other environmentally sensitive natural resources into the overall site design. Man-made features, generally distributed throughout the site, are also used to store, infiltrate, evaporate, and detain stormwater runoff. Examples of such features include bioswales, rain gardens, and pervious surfaces.
MAINTENANCE AND REPAIR
See "ordinary maintenance and repair."
MANUFACTURED HOME
A structure substantially completed off site meeting minimum provisions for dwellings and is:
(1)
Transportable in one or more sections;
(2)
Built on a permanent chassis;
(3)
Placed on a permanent foundation;
(4)
Connected to utilities (plumbing, heating, gas, electrical); and
(5)
Constructed on or after June 15, 1976, in accordance with U.S. Housing and Urban Development standards and identified with a HUD seal of approval.
MANUFACTURED HOME PAD
The area of a manufactured home space that has been prepared for the placement of a manufactured or mobile home.
MANUFACTURED HOME SPACE
A designated area of a manufactured home park that is designed to accommodate one manufactured or mobile home for exclusive use of the occupants.
MEGAWATT (MW)
A unit of power equal to 1,000,000 watts.
MIGRANT WORKER
This term shall have the meaning under § 103.90(5), Wis. Stats.
MITIGATE
To take an action designed to offset or rectify a negative impact.
MIXED-USE ZONING DISTRICT
A zoning district established by this chapter that has an "M" followed by a number as its abbreviation (e.g., M-1).
MOBILE HOME
A structure which was constructed prior to June 15, 1976, and was designed to be transported as single unit or in sections by any motor vehicle upon a public highway and is designed, equipped, and used exclusively for sleeping, eating, and living quarters, or is intended to be so used, and which has an overall length in excess of 45 feet.
MODULAR HOME
A dwelling unit that meets local building codes and which was constructed off site in a factory as separate modules which are joined together and set on a permanent foundation. (Note: A modular home is one type of factory-built housing.)
MULCH
A nonliving organic or inorganic material customarily used in landscape design to retard erosion, retain soil moisture, maintain even soil temperature, control weeds, and/or enrich the soil. Examples of materials often used include tree bark, wood chips, and decorative stones.
MUNICIPAL CODE
The compilation of laws as adopted by the Village of Fox Crossing Village Board.
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
A federal agency created in 1935 within the U.S. Department of Agriculture to work with private landowners and managers to conserve soil, water, and other natural resources by providing technical and financial assistance.
NAVIGABLE WATERWAY
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. The term does not include farm drainage ditches if:
(1)
Such lands are not adjacent to a natural navigable stream or river;
(2)
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3)
Such lands are maintained in nonstructural agricultural use.
NONCONFORMING BUILDING
A building that at the time of construction conformed to existing regulations, including size, location, and other dimensional standards, but is now inconsistent with this chapter.
NONCONFORMING CONDITIONAL USE
A use that was classified as a nonconforming use but which has since been reviewed and approved as a conditional use using the procedures and requirements specified in this chapter.
NONCONFORMING LOT
A lot that at the time of creation conformed to existing regulations, including lot size, dimensions, lot configuration, and other dimensional and design standards, but is now inconsistent with this chapter.
NONCONFORMING STRUCTURE
A structure that at the time of construction or placement conformed to existing regulations, including size, location, and other dimensional standards, but is now inconsistent with this chapter.
NONCONFORMING USE
A use of land that at the time of establishment conformed to existing regulations but is now inconsistent with this chapter.
NONMETALLIC MINERAL
A product, commodity, or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc, and topsoil.
NRCS
An acronym for Natural Resources Conservation Service.
NUCLEUS
As relates to beekeeping, a small quantity of bees with a queen housed in a smaller than usual container used for rearing or as a starter colony.
NUDE or NUDITY
The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft or cleavage with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola, or the showing of covered male genitals in a discernibly turgid state. The definition shall not include any portion of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel commonly worn by persons in public.
OCCUPANCY
The purpose for which a building, or part thereof, is used or intended to be used.
OPERATING STANDARDS
Regulations governing the ongoing operation of a land use, including related business practices.
ORDINARY HIGH-WATER MARK (OHWM)
The point on the bank or shore 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 characteristic. Where the bank or shore of any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high-water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark.
ORDINARY MAINTENANCE AND REPAIR
Those activities related to the general day-to-day maintenance of a building or other similar structure, including interior remodeling, painting, decorating, paneling, plumbing, insulation, the repair of cracks in a foundation wall, the application of waterproof coatings to a foundation wall, and the replacement of windows, doors, electric wiring, siding, roofing materials, and other nonstructural components. (In contrast see "structural alteration.")
OVERLAY ZONING DISTRICT
See "zoning district, overlay."
PANELIZED HOME
A dwelling unit that meets local building codes and which was constructed off site in a factory as flat panels (e.g., walls, roof, and floor) which are joined together and set on a permanent foundation.
PARKING SPACE
An area permanently reserved and maintained for the parking of one motor vehicle which meets the dimensional standards of this chapter.
PATIO
An at-grade surfaced area intended for outdoor living that may be next to a building or separated from a building (Exhibit 3-5).
PAYDAY LOAN BUSINESS
Any person licensed pursuant to § 218.05, Wis. Stats., or a person licensed pursuant to § 138.09, Wis. Stats., who accepts a check, holds the check for a period of time before negotiating or presenting the check for payment, and pays to the issuer an agreed-upon amount of cash, or who refinances or consolidates such a transaction.
PERMANENT FOUNDATION
A continuous foundation wall at the perimeter of a building.
PERMITTED USE
See "land use permitted by right."
PERSON
An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
PIER
A structure extending into navigable waters from the shore with water on both sides that is built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally. (Also see "wharf.")
PLAN OF OPERATION
A document describing the operation of a particular enterprise and other related matters as may be required by this chapter. (Also see "site plan.")
PLANNED DEVELOPMENT DISTRICT (PDD)
A base zoning district established by this chapter that has "PDD" followed by a number as its abbreviation (e.g., PDD-1).
PLANNING COMMISSION
The seven-member Commission appointed by the Village Board to review and make recommendations to the Village Board on planning and land use issues as authorized by Wisconsin Statutes.
PLAYHOUSE
An accessory building, either at ground level or elevated, or supported by a tree, characteristically used by children for play.
POLYSTRUCTURE
A structure having a frame of steel or other material that is covered with plastic, polyurethane, vinyl, canvas, or other flexible sheeting material (Exhibit 3-6).
PORCH
A part of a building with a roof of its own that covers an entrance (Exhibit 3-7)
PRE-CUT HOME
A dwelling unit that meets local building codes and which was largely constructed off site in a factory and then disassembled and transported to the site where it is reassembled and set on a permanent foundation.
PREMISES
A separate tract of land or parcel of land that has been or may be conveyed by deed or has otherwise been specified as a separate lot on an approved land development plan.
PRIMARY HIGHWAY
A highway, other than an interstate highway, at any time officially designated as part of the federal aid primary system by the Wisconsin Department of Transportation and as approved by the appropriate authority of the federal government.
PRINCIPAL BUILDING
See "building, principal."
PRINCIPAL LAND USE
See "land use, principal."
PROPERTY BOUNDARY LINE
A line dividing one parcel of land from another.
PUBLIC NOTICE
The means that a governmental body uses, or is required to use, to formally notify people and other interested entities of a pending governmental hearing or proposed action.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as a temporary living quarters for recreational, camping or travel use that either has its own motor power or is mounted on or drawn by another vehicle.
REGULARLY FEATURES or REGULARLY SHOWS
When used in the context of adult uses, a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as part of the ongoing business of the adult establishment.
RESIDENTIAL ZONING DISTRICT
A zoning district established by this chapter that has an "R" followed by a number as its abbreviation (e.g., R-1).
REVIEWING AUTHORITY
As the context would indicate, the Director of Community Development, Planning Commission, Zoning Board of Appeals, or Village Board.
RIGHT-OF-WAY
A strip of land dedicated or acquired for public use.
SCREEN
A feature, such as a wall, fence, hedge, berm, or similar feature, used to shield or obscure elements of a development from adjacent sites.
SEMINUDE or SEMINUDE CONDITION
The showing of the human male or female genitals, pubic area, vulva or anus with not more than a complete opaque covering or the showing of the female breast with not more than a complete opaque covering of any part of the nipple or areola.
SETBACK
A specified horizontal distance between two actual or imaginary features (e.g., property boundary lines, ordinary high-water mark, structures, wells, and septic systems).
SEWAGE SLUDGE
The residue matter resulting from the treatment of sewage.
SHARED PARKING
One or more parking spaces that partially or entirely meet the parking requirements of two or more land uses.
SIGHT TRIANGLE
See "vision clearance triangle."
SIGN
See Article 10, Signs.
SITE PLAN
A drawing of a subject property that shows existing and proposed conditions and other features required by this chapter. (Also see "plan of operation" and "landscaping plan.")
SITE-BUILT HOME
A dwelling unit that meets the Wisconsin Uniform Dwelling Code standards and which was largely constructed on site. Also known as a "conventional home" or "stick-built home."
SPECIFIED ANATOMICAL AREAS
The human male genitals in a discernibly turgid state, even if completely and opaquely covered, or less than completely and opaquely covered human genitals, pubic region, vulva, anus, or the nipple and areola of the human female breast.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
(1)
Showing of human genitals in a state of sexual stimulation or arousal;
(2)
The fondling or erotic touching of human genitals, pubic region, anus, or female breasts;
(3)
The act of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus; or
(4)
Excretory functions as part of, or in connection with, any of the activities set forth above.
SPORT COURT
A hard-surfaced area located out of doors used exclusively for basketball, tennis, or other similar sports-related activity. This term does not include any portion of a driveway that is also used as a basketball court.
STATE
The State of Wisconsin.
STATIC MESSAGE DISPLAY
A type of sign display where the message does not change by an electronic process.
STOOP
A raised platform in front of an entrance to a building with one or more steps.
STOP-WORK ORDER
An order issued by a municipal government requiring the cessation of an activity that violates a building code or zoning code.
STORMWATER
Water from a rainfall event or melting snow or ice.
STREAM
A natural body of running water flowing continuously or intermittently in a channel on or below the surface of the ground.
STREET
A public accessway within a public right-of-way or an easement.
STREET TERRACE
That area between the back of a curb (or the edge of pavement where there is no curb) and the property boundary line.
STREET YARD
Same as "yard, front."
STRUCTURAL ALTERATION
Any change in a supporting member of a structure such as foundation, bearing wall, column, beam or girder, footing, or pile, or any substantial change in the roof structure or in an exterior wall. (In contrast see "ordinary maintenance and repair.")
STRUCTURE
A man-made object with form, shape, and utility that is either permanently or temporarily placed on or into the ground, a streambed, or a lake bed or on another structure. Examples include buildings, decks, patios, stoops, play structures, swimming pools, hot tubs, bridges, storage tanks, fences, towers, flagpoles, utility poles, pipelines, transmission lines, smokestacks, and signs.
SUBSTANDARD LOT
A lot, with or without a structure, having a lesser dimension or area, or both, than what is required for the zoning district in which it is located.
TATTOO
To insert pigment under the surface of the skin of an individual by pricking with a needle or other instrument or technique so as to produce an indelible mark or figure through the skin.
TATTOOIST
An individual who tattoos another upon his or her request.
TEMPORARY USE
See "land use, temporary."
THROUGH LOT
See "lot, through."
TOWER
A structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, and monopole towers. The term includes personal communication service towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and alternative tower structures.
TOWER SITE
The area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing and other items used in connection with the tower.
TRELLIS
A structure consisting of lattice with supporting posts and rails often supporting vines or other plants and used for aesthetic purposes or as a visual screen or barrier, or both.
U.S. ARMY CORPS OF ENGINEERS
A federal agency within the U.S. Department of Defense that serves the armed forces and the nation by providing vital engineering services and capabilities, as a public service, across the full spectrum of operations, from peace to war, in support of national interests.
VARIANCE
A grant of relief from the strict application of a rule or regulation that would permit development in a manner otherwise prohibited.
VERTICAL OFFSET
A jog in an exterior wall of a building so that one of the wall's surfaces is in front of another (Exhibit 3-9).
VILLAGE
All references within this chapter to "Village" shall be interchangeable with Village of Fox Crossing unless the context clearly indicates otherwise.
VILLAGE BOARD
The body of elected Trustees as established in Chapter 5 of the Municipal Code.
VISION CLEARANCE TRIANGLE
A triangle formed at the intersection of two streets or at the intersection of a street and a driveway within which the type and placement of structures and vegetation are controlled to ensure adequate sight distances for pedestrians and motorists.
(1)
At the intersection of two public streets, the vision clearance triangle shall be formed by measuring 30 feet back from the point of intersection of the front and exterior side lot lines and connecting the points so to form a triangle on the area of the lot adjacent to the street intersection (Exhibit 3-10).
(2)
At the intersection of a public street and a private accessway (except for single-family residential accessways), the sight triangle shall have sides of 15 feet along the accessway and 25 feet along the public street (Exhibit 3-11).
WATERCRAFT
Any device used and designed for navigation on water.
WETLAND
An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WHARF
A structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed. (Also see "pier.")
WRITTEN or IN WRITING
Any representation of words, letters, drawings, graphics, or pictures.
YARD
The area of a lot that is required to be unoccupied and unobstructed from the ground upward, except by trees, shrubbery, or as otherwise provided in this chapter.
YARD, FRONT
A yard as described for each of the following types of lots:
(1)
Interior lot: That area that extends across the front of a lot from side lot line to side lot line and from the front lot line to the front of the principal building;
(2)
Corner lot: That area that extends across the front of a lot between the side lot lines from the front lot line to the front of the principal building; and
(3)
Double frontage lot: If access restricted, that area that extends across the front of a lot from side lot line to side lot line and from the front lot line to the front of the principal building, or if not access restricted, that area that extends from side lot line to side lot line and from both front lot lines to the front and rear of the principal building. (Also see "lot line, front.")
YARD, REAR
A yard as described for each of the following types of lots:
(1)
Interior lot: That area that extends across the rear of a lot from side lot line to side lot line and from the rear lot line to the rear of the principal building; and
(2)
Corner lot: That area that extends between the side yard abutting the street right-of-way and the opposing side lot line and from the rear lot line to the rear of the principal building.
YARD, SIDE
A yard as described for each of the following types of lots:
(1)
Interior lot: The area that extends between the front yard and rear yard from the side lot line to the side of the principal building;
(2)
Corner lot, street side side yard: That area that extends from the front yard to the rear lot line and from the side lot line to the side of the principal building; and
(3)
Double frontage lot: If access restricted, same as interior lot; if not access restricted, that area that extends between the front yards from the side lot line to the side of the principal building.
ZONING ADMINISTRATOR
The Director of Community Development shall perform the duties of the Zoning Administrator as enumerated in this chapter and as authorized by state law.
ZONING DISTRICT, BASE
A type of zoning district that establishes uniform regulations for the use and development of land.
ZONING DISTRICT, OVERLAY
A type of zoning district that is superimposed over one or more base zoning districts, or portions thereof, and which imposes additional requirements, modifies existing requirements of the underlying base zoning district, or both.
ZONING PERMIT
A written permit issued for a specified parcel of land prior to the issuance of a building permit to ensure that the proposed use is consistent with the zoning requirements of the zoning district in which it is to be located.