General definitions.
ABUTTINGHave a common property line or district line.
ACCESSORY BUILDING OR USEA detached subordinate structure or a use which is clearly incidental to and customarily found in connection with the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.
(1) An accessory building or use is one which:
(a) Is customary and clearly incidental to the principal building or principal use;
(b) Serves exclusively the principal building or principal use;
(c) Is subordinate in area, extent or purpose to the principal building or principal use;
(d) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(e) Is located on the same zoning lot as the principal use served, with exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
(2) An accessory building or use includes, but is not limited to, the following:
(a) A children's playhouse, garden house or private greenhouse;
(b) A garage, carport, shed or building for storage incidental to a permitted use;
(c) Incinerators incidental to a permitted use;
(d) Storage of goods used in or permitted manufacturing activities on the same zoning lot with such activities, unless such storage is excluded by the district regulations;
(e) The production, processing, cleaning, servicing, testing, repair or storage of merchandise normally incidental to a permitted retail service or business use if conducted by the same ownership as the principal use;
(f) Off-street motor vehicle parking areas and loading facilities;
(g) Signs, as permitted and regulated in each district incorporated in this chapter; and
(h) Earth station dish antennas over three feet in diameter, which are ground-mounted or building-mounted.
ACRE, NETThe actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
ALLEYA public way not more than 24 feet wide which affords only a secondary means of access to abutting property.
APARTMENTA room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
ARTERIAL STREETA public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.
AWNINGAn awning is a retractable, roof-like cover, temporary in nature, which projects from the wall of a building.
BASEMENTThat portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-around living accommodations.
BLOCKA block is a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, bulkhead lines or shorelines of waterways. A block may be located in part beyond the boundary lines of corporate limits of the Village.
BOARD OF APPEALS/ADJUSTMENTThe body established under §
62.23, Wis. Stats., for cities or villages and designated "Board of Appeals," or as established under §
59.99, Wis. Stats., for counties and designated "board of adjustment."
BUILDINGA building is any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind and which is affixed to the land. When any portion thereof is completely separated from every other portion by masonry or fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
BUILDING HEIGHTBuilding height is a vertical distance from the curb level or the approved ground level opposite the center of the front of a building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean-height level between eaves and ridges of a gable, hip or gambrel roof. No building or parts of a building shall exceed the maximum building height of the zoning district in which it is situated.
BUILDING LINEA line parallel to a lot line and at a specified minimum distance from the lot line to comply with the building setback requirements of the Village Zoning Ordinance.
BUILDING, COMPLETELY ENCLOSEDA completely enclosed building is a building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHEDA detached building is a building surrounded by open space on the same lot.
BUILDING, PRINCIPALA building in which the principal use of the lot on which it is located is conducted.
BULKBulk is the term used to indicate the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another and includes the following:
(1) Size and height of buildings;
(2) Location of exterior walls at all levels in relations to lot lines, streets or to other buildings;
(3) Gross floor area of buildings in relation to lot area (floor area ratio);
(4) All open spaces allocated to buildings; and
(5) Amount of lot area provided per dwelling unit or lodging room.
BUSINESSAn occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CERTIFICATE OF COMPLIANCEA certification by the Zoning Administrator stating that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all the provisions of this chapter.
COMMERCIAL FEED LOTConfinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:
(1) The farm or site does not produce a minimum of 60% of the feed necessary to sustain the herd.
(2) The farm or site is insufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.
CONDITIONAL USEA use allowed under a conditional use permit, special exception, or other special zoning permission issued by the Village, but does not include a variance.
CONFORMING BUILDING OR STRUCTUREA conforming building or structure is any building or structure which:
(1) Complies with all the regulations of this chapter or any amendment hereto governing bulk or the zoning district in which such building or structure is located; or
(2) Is designed or intended for a conforming use.
CONSERVATION STANDARDSGuidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Natural Resources Conservation Service for Ozaukee County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.
CONTROLLED ACCESS ARTERIAL STREETThe condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.
CURB LEVELThe curb level for any building is the level of the established curb in front of such building measured at the center of such front.
DENSITYThe number of residential dwelling units allowed per acre of land.
DEPARTMENTThe Wisconsin Department of Natural Resources.
DEVELOPMENTAny artificial change to improved or unimproved real estate, including, but not limited to, construction of buildings, structure or accessory structures; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities. Any man-made change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or deposition of materials.
DISTRICT, BASICA part or parts of the Village for which the regulations of this chapter governing the use and location of land and building are uniform.
DISTRICT, OVERLAYOverlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DWELLINGA building or part of a building containing one or more dwelling units and also containing other directly associated elements such as hallways, storage areas or common laundry facilities.
DWELLING SIZEDwelling size shall be measured from outside wall to outside wall, and shall only include interior living area finished at time of occupancy. In the case where unfinished area is on the same floor with finished area, such as a lower level containing a basement and a walk-out finished area, the finished area calculation shall be measured to the outside of any exterior wall of the dwelling to the inside wall of the finished area abutting the unfinished area. The square footage requirements shall exclude garages (attached or detached), porches, breezeways, decks, utility rooms and any other accessory structure.
DWELLING UNITAn area within a dwelling that is designed, occupied or intended to be occupied by a family (or by a nonfamily household as permitted by this chapter) as separate living quarters, with private kitchen, sanitary, sleeping and living quarters within the unit.
DWELLING, ATTACHEDA dwelling separated from another dwelling unit and having any portion of any roof, wall or floor in common with another dwelling unit.
DWELLING, DETACHEDA detached dwelling is one which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILYA multiple-family dwelling is a building, or portion thereof, containing three or more dwelling units.
EMERGENCY SHELTERPublic or private enclosures designed to protect people from aerial radiological, biological, or chemical warfare; fire, flood, windstorm, riots, and invasions.
ENVIRONMENTAL CORRIDORAn area in the landscape containing especially high value natural, scenic, historic, scientific, or recreational features. The Southeastern Wisconsin Regional Planning Commission or approved equivalent shall delineate boundaries of the area. Residential development shall be permitted at very low densities not to exceed one dwelling unit per five acres. The five-acre parcel shall be under single ownership with an appropriate deed restriction to protect and preserve the area or outlot not designated as a home site. At least 85% of the environmental corridor's natural qualities shall be retained. No more grading, filling or vegetative removal is allowed except that which is minimally necessary to accommodate the proposed building.
ESSENTIAL SERVICESServices provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings or wireless communication facilities.
ESTABLISHMENT, BUSINESSA business establishment is a place of business carrying on operations which are physically separate and distinct from those of any other place of business located on the same zoning lot.
FAMILYOne or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
FARMING, GENERALGeneral farming shall include floriculture, forest and game management, orchards, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod farming and vegetable farming. General farming includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities. General farming does not include operation of a commercial feed lot.
FENCEA barrier intended to prevent intrusion or to make a boundary. Such a barrier is constructed of posts and boards or rails, or posts and wire mesh.
FLOOR AREA(For determining off-street parking and off-street loading requirements.) Floor area when prescribed as a basis of measurement for off-street parking spaces and loading berths for any use shall mean the sum of the gross horizontal areas of the several floors of the building or buildings devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for the purpose of measurement for off-street parking spaces shall not include:
(1) Floor area devoted primarily to storage purposes, except as otherwise noted herein.
(2) Floor area devoted to indoor parking or loading facilities.
(3) Basement floor area, other than area devoted to retailing activities or to the production or processing of goods or to business or professional offices.
FLOOR AREA RATIOAn intensity measured as a ratio derived by dividing the total gross floor area of a building, structure or group of buildings or structure, including any accessory structure, by the total lot or parcel area, excluding any right-of-way.
FRONTAGEThe smallest dimension of a lot abutting a public street measured along the street line.
GARAGE, PRIVATEA detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles belonging to or used by the occupant of the premises.
GARAGE, PUBLICAny building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.
GREENSPACEThe required open space to be provided on the site, normally planted with grass and landscape materials, as measured perpendicular from the nearest property line to any structure, pavement or hard surface, or man-made impediment. The greenspace may be bisected by a perpendicular ingress/egress drive, and a sidewalk system to connect the site to the right-of-way. Any stormwater management and/or water quality basin shall not be permitted within the minimum greenspace setback. Wetlands shall not be counted toward the greenspace requirement.
GROSS DENSITYThe number of residential dwelling units allowed per acre of land minus any existing right-of-way on the land prior to subdivision or development approval.
GUEST, PERMANENTA permanent guest is a person who occupies or has the right to occupy on a monthly or longer basis a hotel or apartment hotel accommodation as his domicile and place of permanent residence.
HEARING NOTICEPublication or posting meeting the requirements of Ch.
985, Wis. Stats.; Class 1 notice is the minimum required for appeals: Published once at least one week (seven days) before the 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, with the day of the hearing not counting toward the seven-day requirement. Local ordinances or bylaws may require additional notice, exceeding these minimums.
HOME OCCUPATIONAny business, trade, services, or gainful occupation or profession performed within a residential dwelling unit or upon any property zoned for residential use.
HOTELA facility containing more than five sleeping rooms with private or semiprivate bathroom facilities offered overnight lodging to the public for compensation and catering primarily to the traveling public. A hotel shall offer services such as maid, telephone, desk and vending services. It may offer a restaurant, recreational facilities and meeting facilities.
HOUSEHOLDA family or nonfamily group living in a nontransient manner in a single dwelling unit.
JUNKAny scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.
JUNKYARDA junkyard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handles, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an automobile wrecking or dismantling yard, but does not includes uses established entirely within enclosed buildings.
LAND USEAny nonstructural use made of unimproved or improved real estate. (Also see "development.")
LOADING AREAA completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LOTA parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Code as pertaining to the district wherein located.
LOT AREAThe lot area is the area of a horizontal plane contained within the exterior or peripheral boundaries or lot lines of a lot excluding streets and land under navigable bodies of water.
LOT COVERAGE (EXCEPT RESIDENTIAL)The area of a lot occupied by the principal building or buildings and accessory buildings, including any driveways, parking areas, loading areas, storage areas and walkways.
LOT DEPTHThe lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINEA property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
LOT LINE, FRONTThe front lot line, in the case of a lot abutting upon only one street, shall mean the line separating such lot from such street.
LOT LINE, REARThe lot line opposite to and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than 10 feet long and wholly within the lot. In cases where neither of these definitions are applicable, the Zoning Administrator shall designate the rear lot line.
LOT LINE, SIDEA side lot line shall mean any lot line that is not a front lot line or a rear lot line.
LOT LINESLot lines shall mean the property lines bounding the lot.
LOT LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT OF RECORDA lot of record is a lot which is part of a subdivision or a certified survey map which has been recorded in the Office of the Register of Deeds of Ozaukee County or a parcel of land, the deed to which was recorded in the Office of said Register of Deeds prior to the effective date of this chapter. Any lot or parcel of land created through a violation of any other applicable laws or ordinances of the State of Wisconsin and the Village of Fredonia shall not, in this instance, be considered a lot of record.
LOT WIDTHThe lot width is the horizontal distance between the side lot lines of a lot, measured at right angles to the lot depth, said measurement to be made at the rear line of the required front yard.
LOT, CORNERA corner lot is a lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135°. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall meet front yard setback requirements for all street sides.
LOT, INTERIORA lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
LOT, SUBSTANDARDA parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot depth, lot area, yard, off-street parking areas or other space provisions of this Code pertaining to the district wherein located.
LOT, THROUGHA lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT, ZONINGA zoning lot or lots is a single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.
MOBILE HOMEA manufactured home that is HUD-certified and labeled under the national Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities. For the purpose of this chapter, it does not include recreational vehicles or travel trailers.
MODEL HOMEA model home is a residential structure used for display, advertising and selling of homes.
NAMEPLATEA nameplate is a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
NATURAL RESOURCE PRESERVATION REQUIREMENTSThe minimum protection of resources on a site, which may include wetlands, floodplains, lakes, ponds, streams, creeks, brooks, stormwater management basins, woodlands, forests, and poor soil conditions, archaeological sites, etc. An assessment of on-site natural resources shall be presented to the Planning Commission with any development application. Where a primary environmental corridor, secondary environmental corridor or isolated natural area exists on a site proposed for development, the Village may require, in the public interest, increased preservation standards above those stated in this chapter.
NET DENSITYThe number of residential dwelling unit allowed per acre of land minus any existing right-of-way on the land prior to subdivision or development and minus the acres of natural areas of the land to be preserved, including wetlands, floodplains, woodlands and forests, also including stormwater management basins.
NONCONFORMING BUILDING OR STRUCTUREAn existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this chapter for the area which it occupies. A nonconforming building or structure is any building or structure which:
(1) Does not comply with all of the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
(2) Is designed or intended for a nonconforming use.
NONCONFORMING USEA nonconforming use is any use of land, buildings or structures which does not comply with all the regulations of this chapter or of any amendment hereto governing uses for the zoning district in which such use is located (such as a residence in the floodway).
NONFAMILY HOUSEHOLDSA group of individuals, not exceeding five in number, who do not constitute a "family" as defined herein and who live as a single household in a dwelling unit.
NURSING HOMEA place where five or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to twenty-four-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services, as defined in §
50.01, Wis. Stats.
OPEN SPACE USEThose uses having a relatively low flood damage potential and not involving structures.
PARKING LOTA structure or premises containing five or more parking spaces.
PARKING SPACEA graded and surfaced area of not less than 180 square feet.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontage.
PARTY WALL A wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above and which separates contiguous buildings but is in joint use for each building.
PERSONAn individual, or group of individuals, corporation, partnership, association, municipality or state agency.
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 State of Wisconsin, 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.
PRIVATE STREETA street owned and maintained by a private individual, organization, or company rather than by the Village of Fredonia, Ozaukee County, State of Wisconsin or the United States of America. Consequently, unauthorized use of the street may be considered trespassing, and some of the usual rules of streets may not apply. The most common type of private streets are residential streets maintained by a homeowners' association, housing co-op, or other group of individual homeowners.
PUBLIC UTILITIESThose utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
PUBLIC WAYA public way is any sidewalk, street, alley, highway or other public thoroughfare.
RAILROAD RIGHT-OF-WAYA railroad right-of-way is a strip of land containing railroad tracks and customary auxiliary facilities only for track operation. For the purpose of this chapter, a railroad right-of-way does not include land used or intended to be used for switching, spur, lead, team or siding tracks, freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, car yards or classification yards.
RETAILThe sale of goods or merchandise in small quantities to the consumer.
ROADSIDE STANDA roadside stand is a temporary structure which is not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. No roadside stand shall be more than 300 square feet in ground area and there shall not be more than one roadside stand on any one premises.
RUMMAGE SALEAlso known as garage sale or yard sale. A sale conducted for a maximum of 18 days or less per year, with no sale lasting more than three consecutive days, excluding the Village-wide rummage sale, for the sale of personal household possessions, with no overnight outside display of items. Not for any commercial venture. No permit required.
SATELLITE LOTA confined designated area, either subdivided or in common ownership with adjacent areas, containing a single use building that is designed as an integral part of a unified commercial/retail center or business center.
SCREENINGScreening is a hedge, wall or fence to provide a visual separator and physical barrier not less than four feet nor more than six feet in height, unless otherwise provided for in this chapter.
SETBACKThe minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhang cornices shall not exceed 24 inches. Any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.
SHOREYARD SETBACKThe minimum distance, measured perpendicular from the nearest point from a structure, road, driveway or parking surface to a delineated wetland boundary that is within or part of a State of Wisconsin defined shoreland-wetland corridor, generally 300 feet from the ordinary high-water mark of a navigable stream or 1,000 feet of the ordinary high-water mark of a body of water.
SIGNSAny medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks, by which anything is made known and which is used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
SOLAR COLLECTORA device, structure or part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical or electrical energy.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having 1/2 or more of its height above grade shall be deemed a story for purpose of height regulation.
STORY, HALFThat portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4 1/2 feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a 1/2 story in a sloping roof shall not be counted as a story for the purposes of this Code.
STREETA public right-of-way not less than 50 feet wide.
STRUCTURAL ALTERATIONSAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTURESAny man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, which includes, but is not limited to, such objects as roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
SUBSTANTIAL EVIDENCEFacts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that a reasonable person would accept in support of a conclusion.
SUBSTANTIAL IMPROVEMENTSAny 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:
(1) 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; or
(2) Any alteration of a structure or site documented as deserving preservation by a Wisconsin State Historical Society or listed on the National Register of Historic Places. 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 structures.)
TEMPORARY STRUCTURESA movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure.
TRAILERA trailer is any structure which is or may be mounted upon wheels for moving about and is propelled by its own or drawn by other motive power and which is used as a dwelling or as an accessory building or structure in the conduct of a business, trade or occupation or used for hauling purposes.
UNIFIED DEVELOPMENTA development that results in land division or multiple buildings to be constructed.
UNNECESSARY HARDSHIPThose circumstances which are special conditions affecting a particular property, which are 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 this chapter.
USABLE OPEN SPACEUsable open space is that part of the ground level of a zoning lot, other than in a required front or corner side yard, which is unoccupied by principal or accessory building, service driveways, off-street parking spaces and/or loading berths and is unobstructed to the sky. This space of minimum prescribed dimensions shall be available to all occupants of the buildings and shall be usable for greenery, drying yards, recreational space and other leisure activities normally carried on outdoors. To the extent prescribed in these regulations, balconies and roof areas designed and improved for outdoor activities may also be considered as usable open space. "Ground level" for this purpose may include open terraces above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
USEThe purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORYA subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
USE, CONDITIONALA conditional use is a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.
USE, PERMITTEDA permitted use is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district in which such use is located.
USE, PRINCIPALThe main use of land or building as distinguished from subordinate or accessory use.
UTILITIESPublic and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards, power plants or wireless telecommunications facilities.
UTILITY ROOMA room that contains any one or a combination of heating, ventilating and air-conditioning equipment, water treatment devices, and contained water heating devices.
VARIANCEAn authorization granted by the Zoning Board of Appeals to construct, alter or use a structure in a manner which is inconsistent with the dimensional standards contained in this chapter.
VISION CLEARANCEAn unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.
WATERSHEDThe entire region or area contributing runoff or surface water to a particular watercourse or body of water.
WELLAn excavation opening in the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater regardless of its intended use.
WETLAND SETBACKThe minimum distance, measured perpendicular from the nearest point, from a structure, road, driveway or parking surface to a delineated wetland boundary that is not part of a State of Wisconsin defined shoreland corridor. The setback shall be measured to the back of any curb and gutter; however, pavement or hard surface as part of a planned pedestrian and/or bicycle trail system may be allowed within the setback. This required setback shall also be defined as an ordinary high-water mark of a stormwater management basin, or the ordinary high-water mark of a stream or creek not defined as navigable by the Wisconsin Department of Natural Resources.
WOODLANDS and FORESTSThe sum total of a wooded or forested ecosystem on a site, measured by the area surrounding the exterior tree canopy of a site, and any isolated trees on a site that are either eight inches or greater in caliper for deciduous trees or taller than eight feet in height above adjacent ground level for coniferous trees. When both conditions exist on the site, the 70% protection standards shall mean 70% of the ecosystem shall be preserved and, independently, 70% of the isolated trees shall be preserved.
YARDAn open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. The street and rear yards extend the full width of the lot.
YARD, FRONTA yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The side where the address is shall be considered the front yard.
YARD, REARA yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the side of the dwelling containing the "front door" or main entryway on a corner lot.
YARD, SIDEA yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.
YARD, STREETA yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.
ZERO LOT LINEThe concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.
ZONING PERMITA permit issued by the Zoning Administrator to certify that the lands, structures, air and water subject to this chapter are or shall be used in accordance with the provisions of said chapter.