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Fox Point Village City Zoning Code

§ 745-2

Interpretation and definitions.

In interpreting and applying the provisions of this chapter, such provisions shall be deemed to be the minimum requirements adopted for the public health, morals and safety, and for the promotion of convenience, comfort and general welfare of the inhabitants of the Village, but it is not intended to interfere with or abrogate any existing easements or other agreements between individuals, but when this chapter imposes a greater restriction, the provisions of this chapter shall control, and the following words, when used in this chapter, shall have the meaning hereinbelow set forth:
AREA, OPEN
That portion of a lot which will be unoccupied after the erection of a building or buildings for which a permit has been duly requested. In computing such open area, the lot shall be considered as extending not further than the side line of any street or area reserved for highway purposes upon which a lot abuts, except when this chapter specifically provides otherwise.
AREA RESERVED FOR HIGHWAY PURPOSES
Area reserved for highway purposes or for ingress and egress to the premises as well as a public highway.
BUILDING
Any structure used, designed or intended for the protection, shelter or roofed enclosure of persons, animals or property.
BUILDING, ACCESSORY
A building or portion of a building used for a purpose customarily incident to the permitted principal use of the lot and located on the same lot as the principal use.
BUILDING, PRINCIPAL
The building in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.
DEPTH OF FRONT YARD
The minimum horizontal distance between the front line a building and the front lot line or side line of the street or area reserved for highway purposes, whichever is nearer, except that the roof of a building or any attachments thereto may extend over said front yard a distance of not to exceed one foot.
DEPTH OF REAR YARD
The minimum horizontal distance between the rear line of a building and the rear lot line or side line of the street or area reserved for highway purposes, whichever is nearer, except that the roof a building or any attachments thereto may extend over said rear yard a distance of not to exceed one foot.
DWELLING
A building having accommodations for one family only, provided that the building may provide quarters for bona fide servants though they constitute a family as defined in this section.
FAMILY
One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding three living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family.[1]
FRONT LINE OF A BUILDING
A line drawn through the point of a building as defined above nearest to, and parallel with, the front lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
FRONT YARD
An open area on the same lot with a building between the front line of any building and the front lot line, or the side line of the street or area reserved for highway purposes, whichever is nearer, extending the full width of the lot.
GARAGE, PRIVATE
A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the family resident upon the premises. Carports shall be considered garages within this definition.
GARAGE, PUBLIC OR COMMERCIAL
Any garage not falling within the definition of "private garage" as herein established.
LOT
A parcel of land, whether unplatted or platted, in whole or in part, all of which is owned legally or under a land contract by the same person or persons and which is treated or occupied by them as a unit for a use permitted by this chapter.
NONCONFORMING USE
Any use of a building or premises which does not conform to the regulations of the district in which it is situated as provided for by this chapter.
OUTDOOR RECREATIONAL FACILITIES
Land, water bodies, and structures, along with accessory equipment, designed and utilized for leisure time activities of a predominantly outdoor nature and of more specific active purposes than park-like open areas.[2]
REAR LINE OF A BUILDING
A line drawn through the point of a building as defined above nearest to, and parallel with, the rear lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
REAR YARD
An open area on the same lot with a building, between the rear lot line and the rear line of any building, extending the full width of the lot, except that where the rear of said lot abuts upon a street or area reserved for highway purposes, the rear yard shall extend only to the side of said street or area reserved for highway purposes.
SIDE LINE OF A BUILDING
A line drawn through the point of the building nearest to, and parallel with, the side lot line or the side line of a street or area reserved for highway purposes, whichever is nearer.
SIDE YARD
An open area on the same lot with a building between the side lot line and the side line of any building, extending from the front yard to the rear yard, except that where the side of said lot abuts upon a street or area reserved for highway purposes, the side yard shall extend only to the side of said street or area reserved for highway purposes.
SOLAR ENERGY SYSTEM
A system intended to convert solar energy into thermal, mechanical or electrical energy.
[Added 3-10-2020 by Ord. No. 2020-02]
SOLAR ENERGY SYSTEM, FLUSH-MOUNTED
A solar energy system that is mounted flush with a finished building surface, at no more than six inches in height above that surface.
[Added 3-10-2020 by Ord. No. 2020-02]
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
A solar energy system mounted on the ground and not attached to any other structure other than structural supports.
[Added 3-10-2020 by Ord. No. 2020-02]
SOLAR ENERGY SYSTEM, STRUCTURE-INTEGRATED
A solar energy system that is an integral part of a principal or accessory structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the structure. Structure-integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, shading devices and similar architectural components.
[Added 3-10-2020 by Ord. No. 2020-02]
SOLAR ENERGY SYSTEM, STRUCTURE-MOUNTED
A solar energy system that is mounted on the facade or roof of either a principal or accessory structure.
[Added 3-10-2020 by Ord. No. 2020-02]
STRUCTURE
A combination of materials other than natural terrain or plant growth erected or constructed to form a shelter, enclosure, retainer, container, support, base, pavement or decoration.
STRUCTURE, ACCESSORY
A structure or portion of a structure customarily incident to any permitted principal use of such lot and located on the same lot as such principal use.
STRUCTURE, PERMANENT
A structure placed on or in the ground or attached to another structure in a fixed and determined position and intended to remain in place for a period of more than nine consecutive months, except as follows. An enclosure for the keeping of chickens that is approved pursuant to § 579-17.5 of this Code, and a hive for keeping bees that is approved pursuant to § 579-17.6 of this Code, during such time that such permit has been issued and is in effect shall not be deemed to be a permanent structure for purposes of this Chapter 745.
[Amended 11-10-2020 by Ord. No. 2020-06]
STRUCTURE, PRINCIPAL
A structure used or intended to be used for the principal use as permitted on such lot by the regulations of the district in which it is located.
STRUCTURE, TEMPORARY
Any structure other than a permanent structure.
SUBSTANDARD LOT
A lot which was of record on April 22, 1958, and which is:
A. 
Smaller in square footage than the total of the minimum open area requirement of the district in which it is located plus the minimum floor area described in § 756-15B of this Code; or
B. 
Narrower in width than the minimum lot width requirement of the district in which it is located.
TIME SHARE PROPERTY
Any property that is regulated by Chapter 707, Wisconsin Statutes.
[Added 4-19-2010 by Ord. No. 2010-07; amended 1-8-2019 by Ord. No. 2019-01]
USE, ACCESSORY
A use customarily incident to the permitted principal use of property and on the same lot as the principal permitted use.
USE, PERMITTED
That utilization of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which said land is located, including those uses customarily accessory to such permitted use.
USE, PRINCIPAL
The main or primary use of property or structure as permitted on such lot by the regulations of the district in which it is located.
WIDTH OF LOT
The distance from one side line to the other measured on a line which will be contiguous with the front line of a building and be as nearly parallel as possible to the street on which the lot abuts.
WIDTH OF SIDE YARD
The minimum horizontal distance between the side line of a building and the side lot line or the side line of a street or area reserved for highway purposes, whichever is nearer, except that the roof of a building or any attachments thereto may extend over said side yard a distance of not to exceed one foot.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: The former definition of "personal wireless service facility or PWSF," which immediately followed this definition, was repealed 12-10-2013 by Ord. No. 2013-10.