For the purposes of this chapter, the following definitions shall be used, unless a different definition is specifically provided for a section. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not permissive. The word "person" includes individuals, all partnerships, associations, and bodies politic and corporate. The word "lot" includes the word "plot" or "parcel" or "tract." The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
ABUTTINGHaving a common property line or district line, or separated only by a river, stream, or transportation or utility right-of-way.
ACCESSORY APARTMENTA separate complete housekeeping unit that is substantially contained within the structure of a single-family dwelling but can be isolated from it.
ACCESSORY STRUCTUREA subordinate structure, the use of which is incidental to, customarily found in connection with, and located on the same lot as the principal structure or use of the property. Accessory structures include, but are not limited to, detached garages, sheds, barns, gazebos, swimming pools, hot tubs, fences, retaining walls and detached stairways and lifts and impervious, pervious or porous driveways, parking lots, sidewalks, patios and decks (both detached and attached).
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.
AGRICULTURAL PROCESSING AND PACKAGINGAn establishment primarily engaged in refining, processing or otherwise adding value to raw agricultural goods, including but not limited to washing, sorting, cutting, bagging, freezing, canning, packing, bottling or butchering.
AGRICULTURAL SALES AND SERVICEAn establishment primarily engaged in:
A. The sale or rental of farm tools and implements, feed and grain, tack, animal care products, farm supplies and the like; or
B. Performing agricultural or horticultural services on a fee or contract basis, including but not limited to crop dusting and spraying services, harvesting and plowing services, agricultural land grading services, farm equipment service and repair, and large animal veterinary services.
AGRICULTURAL STORAGEGrain elevators and other facilities for the warehousing and storage of agricultural products.
AGRICULTURAL USEBeekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; wholesale plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which are enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3835; participating in the milk production termination program under 7 U.S.C. § 1446(d); and vegetable raising.
AGRICULTURAL, ANIMALThe use of land for animal feeding operations, including areas for the storage, treatment and disposal of manure and other related waste products.
AGRICULTURAL, CROPThe use of land for the production of row crops, field crops, tree crops, timber, bees, apiary products, and fur-bearing mammals.
AGRICULTURALLY-RELATED RESIDENCEA residence which is occupied by:
A. A person who, or a family at least one member of which, earns a substantial part of his livelihood from farm operations on the land; or
B. A parent or child of the owner of the farm.
AIRPORT, PUBLICAny airport which complies with the definition contained in § 114.002(7), Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
ALLEYA public or private right-of-way which affords only a secondary means of access to the side or rear of an abutting property.
ANIMAL HOSPITAL/VETERINARY SERVICESA place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of a kennel shall be limited to short-term boarding and shall be only incidental to such hospital use.
ANIMAL UNITAs defined in § NR 243.03(5), Wis. Adm. Code.
ANTENNAAny device or equipment used for the transmission or reception of electromagnetic waves, which may include an omnidirectional antenna (rod), a directional antenna (panel) or a parabolic antenna (dish).
APARTMENTA suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.
ARTERIAL STREETA public street or highway used or intended 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.
AUTHORITYA person, committee, or board to whom or to which the power to issue a permit or make a determination, decision or judgment has been delegated.
AUTOMOBILE WRECKING/SALVAGE YARDAny premises on which is kept more than one vehicle, not in running order or operating condition, or in a general state of disrepair, which is not completely enclosed within a building.
BASEMENTA story partly or wholly underground. The height of a basement shall be the vertical distance between the surface of the basement floor and the surface of the floor next above it. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the main level of the adjoining ground is more than five feet, or if used for business purposes, or if used for living purposes by other than the owner and his immediate family, and a janitor or servants of the owner.
BLOCKA tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BLUFF LINEA line along the top of a slope preservation zone. There can be more than one bluff line.
BOARDINGHOUSEA building other than a hotel or restaurant where meals or lodging is regularly furnished by a prearrangement for compensation for three or more persons not members of a family, but not exceeding 10 persons and not open to transient customers.
BOATHOUSEA building or portion thereof used for the housing or care of boats and other associated marine equipment for noncommercial purposes and not permitted to be used for human habitation.
BUFFER ZONEA designated neutral area designed to separate conflicting land uses. A natural vegetative screening of trees, shrubs or other plantings is usually employed in such a designated area.
BUILDINGAny structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
BUILDING AREAThe total area bounded by the exterior walls of a building at the floor levels, but not including basements, utility rooms, garages, porches, breezeways and unfinished attics.
BUILDING SETBACK LINEA. A line parallel to the lot line at a distance parallel to it regulated by the yard requirements set up in this Zoning Code.
B. A line measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions.
BUILDING, ACCESSORYA building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. An automobile trailer or other vehicle or part thereof or other building shall not be used as a dwelling or lodging place and shall not be considered an accessory building or use.
BUILDING, ALTERATION OFAny change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another.
BUILDING, FRONT LINE OFA line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
BUILDING, HEIGHT OFThe vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat room, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.
BUILDING, PRINCIPALA building in which the principal use of the lot on which it is located or conducted.
BUSINESSAn occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CAMOUFLAGE DESIGNA wireless communication service facility that is disguised, hidden or screened but remains recognizable as a tower or antenna.
CAMPGROUNDAny parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
CAMPING UNITAny portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping or travel trailer, motor home, bus, van, pickup truck, tent or other mobile recreational vehicle.
CANOPYA rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.
CARPORTAn automobile shelter having one or more sides open.
CELLARThat portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.
CENTER LINEA line connecting the points on highways from which setback distances shall be measured, at any point of the highway.
CERTIFICATE OF COMPLIANCEA certification that the construction and the use of land or building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.
CHANNELThose floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
CLINIC, MEDICAL OR DENTALA group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.
CLUB or LODGEA building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
CLUSTER SUBDIVISIONA subdivision in which the lot sizes are reduced below those normally required in the zoning district in which the development is located in return for the provision of permanent undeveloped land.
COMMUNITY LIVING ARRANGEMENTThe following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60 and community-based residential facilities under § 50.01, but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the Wisconsin Statutes, including §§ 46.03(22), 59.69(15) and 62.23(7)(i) and (7a), and amendments thereto, and also the Wisconsin Administrative Code.
COMPLIANT BUILDING LOCATIONAn area on a lot where a building could be located in compliance with all applicable ordinance requirements.
CONDITIONAL USEThe occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district which, for their respective conduct, exercise or performance in such designated districts, may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, plans, structures, thoroughfares, condition modification, or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the Village and, therefore, may be permitted in such district only by a conditional use permit.
CONFORMING USEAny lawful use of a building or lot which complies with the provisions of this chapter.
CONSERVATION STANDARDSGuidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide prepared by the United States Department of Agriculture Soil 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 need in developing his soil and water conservation plan.
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.
COURTAn open, unoccupied space, other than a yard, on the same lot with a building, and which is bounded on two sides by the building.
CRAWLWAY or CRAWL SPACEAn enclosed area below the first usable floor of a building, generally less than five feet in height, used for limited access to plumbing and electrical utilities.
CURB BREAKAny interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.
CURB LEVELThe level of the established curb in the front of the building measured at the center of such front.
DAY-CARE CENTER, FAMILYA place or home which provides care for eight or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in § 48.65, Wis. Stats.
DAY-CARE CENTER, GROUPA dwelling or center that provides care and supervision for nine or more children and is licensed by the Wisconsin Department of Health Services.
DECKAn unenclosed exterior structure that has no roof or sides but has a permeable floor that allows the infiltration of precipitation.
DEVELOPMENTAny artificial or man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
DEVELOPMENT REGULATIONSThe part of a zoning ordinance enacted under § 62.23(7), Wis. Stats., that applies to elements including setback, height, lot coverage, and side yard. [See § 62.23(7)(hb)1a, Wis. Stats.]
DISABLEDHaving a physical or mental impairment that substantially limits one or more major life activities.
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, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DOUBLE-WIDE MOBILE HOMEA mobile home consisting of two mobile home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.
DWELLINGA building designed or used exclusively as a residence or sleeping space, but does not include boardinghouses or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING UNITA building or portion thereof used exclusively for human habitation, including single-family, two-family and multiple-family dwellings, but not including hotels, motels or lodging houses.
DWELLING, EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILYA residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.
DWELLING, TWO-FAMILYA detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
ELDERLY DAY-CARE HOMELocations which provide day care and food service for adults who are unable to be left alone while other family members are at work or otherwise not at home during the day. Overnight lodging is not to be provided at an elderly day-care home.
EMERGENCY SHELTERSPublic or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots or invasions.
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.
EXPANDED LIVESTOCK FACILITYThe entire livestock facility that is created by the expansion after May 1, 2006, and includes all livestock structures in the expanded facility, regardless of whether those structures are new, existing or altered.
EXPANSIONAn addition to an existing structure regardless of whether the addition is vertical or horizontal or both.
EXPANSION OF LIVESTOCK FACILITYAn increase in the largest number of animal units kept at a livestock facility on at least 90 days in any twelve-month period. The acquisition of an existing livestock facility by the operator of an adjacent livestock facility does not constitute an expansion unless that operator increases the largest number of animal units kept at the combined livestock facilities for at least 90 days in any twelve-month period.
FAMILYOne or more persons immediately related by blood, marriage or adoption and living as a single housekeeping unit in one dwelling unit shall constitute a family. A family may include in addition thereto two but not more than two persons not related by blood, marriage or adoption. A person shall be considered to be related for the purpose of this section if he is dwelling for the purpose of adoption or for a foster care program. Exceptions: Nothing in this chapter shall prohibit, under the definition of "family," priests, laybrothers, nurses or such other collective body of persons living together in one house under the same management and care, subsisting in common, and directing their attention to a common object or the promotion of their mutual interest and social happiness, as set forth by the Wisconsin Supreme Court in Missionaries of Our Lady of LaSalle vs. Village of Whitefish Bay Board of Zoning Appeals, 267 Wis. 609, which is hereby incorporated by reference.
FAMILY DAY-CARE HOMEA dwelling also licensed as a day-care center by the State Department of Health Services where, for compensation or consideration, a resident of the dwelling provides group care for at least four, but not more than eight, children between the ages of infancy and seven years of age at a location other than the child's own home or the home of relatives or guardians.
FARMLand consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
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.
FARMSTEADA single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.
FLOODA temporary rise in stream flow or stage in lake level that results in water overtopping the banks and inundating the areas adjacent to the stream channel or lake bed.
FLOOD PROTECTION ELEVATIONA point two feet above the water surface elevation of the one-hundred-year recurrence interval flood. This safety factor, also called "freeboard," is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. Such unknown factors may include ice jams, debris accumulation, wave action and obstructions of bridge openings.
FLOOD STAGEThe elevation of the floodwater surface above an officially established datum plane, which is mean sea level, 1929 adjustment.
FLOODWAYA designated portion of the one-hundred-year flood area that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in Wisconsin to 0.1 foot unless special legal measures are provided. The floodway, which includes the channel, is that portion of the floodplain not suited for human habitation. All fill, structures and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage should be prohibited in the floodway.
FLOOR AREA - BUSINESS AND MANUFACTURING BUILDINGSFor uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses. For the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise and noted herein.
FLOOR AREA - DWELLING UNITThe square feet of floor space of the several floors of a dwelling unit within the outside line of walls, and includes the total of all space on all floors of a building, but not including porches, balconies, garages or space in a basement or cellar when the same is used for storage or incidental uses. Residential floor area is measured from the exterior faces of the exterior walls or from the center lines of walls or portions separating dwelling units.
FOOTPRINTThe land area covered by a structure at ground level, measured on a horizontal plane. The footprint of a residence includes attached garages and porches, but excludes decks, patios, carports and roof overhangs.
FOSTER FAMILY HOMEThe primary domicile of a foster parent which has four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.
FRONTAGEAll the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
FRONTAGE, REVERSEDWhere the rear lot line of a corner lot coincides with all or part of the side lot line of an adjoining lot in the same block.
GARAGE, PRIVATEAn accessory building or space for the storage only of not more than four wheeled, licensed motor vehicles.
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.
GARAGE, STORAGEAny building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements, not to transients, where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
GARDEN CENTERA place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.
GASOLINE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances and sale of motor vehicle accessories and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.
GIFT STORESRetail stores where items such as art, antiques, jewelry, books and notions are sold.
GRADEWhen used as a reference point in measuring the height of a building, the grade shall be the average elevation of the finished ground at the exterior walls of the main building.
GRAVEL PITAn open land area where sand, gravel, and rock fragment are mined or excavated, including such on-site processing that is related to the mining or excavation of the sand, gravel, and rock fragment, such as stockpiling of materials, blending mineral material aggregates or nonmetallic minerals, crushing, screening, scalping and dewatering.
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HARDWARE STORESRetail stores where items such as plumbing, heating and electrical supplies, sporting goods and paints are sold.
HOSPITALAn institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed-patient care.
HOTELA building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
INSTITUTIONA building occupied by a nonprofit corporation or a nonprofit establishment for public use.
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.
JUNKYARDAny place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including but not limited to used or salvaged or new scrapped base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter, and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
KENNELAny facility where dogs or cats are kept for 24 hours or more for boarding, training, or similar purposes for compensation, except that "kennel" does not include any of the following:
B. A facility owned or operated by a veterinarian licensed under Ch. 89, Wis. Stats., where animals are boarded only in conjunction with the provision of veterinary care.
LIVESTOCKDomestic animals traditionally used in Wisconsin in the production of food, fiber or other animal products, and includes cattle, swine, poultry, sheep and goats. The term "livestock" does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink.
LIVESTOCK FACILITYA feedlot, dairy farm or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any twelve-month period. "Livestock facility" includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single livestock facility for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate livestock facility.
LIVESTOCK STRUCTUREA building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. "Livestock structure" includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage structure. "Livestock structure" does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.
LOADING 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.
LODGING HOUSEA building where lodging only is provided for compensation for not more than three persons not members of the family.
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 chapter as pertaining to the district wherein located.
LOT AREAThe area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.
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 shortest horizontal distance between the front lot line and the rear lot line measured at a ninety-degree angle from the road right-of-way.
LOT LINELegally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.
LOT LINE, FRONTA line separating the lot from the street or approved private road.
LOT LINE, REARA lot line which is opposite and most distant from the front lot line and, in the case of an irregular- or triangular-shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDEAny lot boundary line not a front lot line or a rear lot line.
LOT OF RECORDA lot which has been recorded in the office of the Register of Deeds prior to the effective date of this chapter.
LOT WIDTHThe horizontal distance between the side lot lines at the building setback line.
LOT, CORNERA lot situated at the intersection of two streets.
LOT, REVERSED CORNERA corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, SUBSTANDARDA parcel of land held in separate ownership having frontage on a public street, or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking area, or other open space provisions of this chapter.
LOT, THROUGHA lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
MACHINE SHOPSShops where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops and plumbing, heating and electrical repair and overhaul shops.
MANUFACTURED DWELLINGA dwelling structure or component thereof as is defined in Ch. SPS 320, Wis. Adm. Code, bearing insignia certifying that it has been inspected and found to be in compliance with Subchapter V of said chapter.
MANUFACTURED HOMEA dwelling structure or component thereof fabricated in an off-site manufacturing facility for installation at the building site and certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which, when placed on the site:
A. Is set on an enclosed foundation in accordance with § 70.043(1), Wis. Stats., and Ch. SPS 321, Subchapters III, IV and V, Wis. Adm. Code, or is set on a comparable enclosed continuous foundation system approved by the Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
B. Is installed in accordance with the manufacturer's instructions;
C. Is properly connected to utilities;
D. Has an area of at least 800 square feet of living space, with a minimum of 24 square feet in width in its smallest horizontal dimension, exclusive of attached garage, carport or open deck, and is used exclusively as a single-family residence; and
E. Meets other applicable standards of this chapter.
MANURE PITA structure or earthen pond located outside of a barn or shelter and used for containment of manure and other wastes from livestock and poultry.
MARQUEE or CANOPYA roof-like structure of a permanent nature which projects from the wall of a building.
MINI-STORAGE/WAREHOUSE STRUCTUREA structure where self-contained sections thereof are rented for storage purposes, typically serving residential and small business clients.
MINOR STRUCTUREAny small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.
MOBILE HOMEA manufactured home that is certified by the Department of Housing and Urban Development (HUD) 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.
MOBILE HOME LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARKA. A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, firm, trust, partnership, public or private association, or corporation, and where individual lots are rented to individual mobile home users.
B. Any lot on which two or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreation and other community service facilities designed for the exclusive use of park occupants.
MOBILE HOME SUBDIVISIONA land subdivision, as defined by Ch. 236, Wis. Stats., and Chapter
582, Subdivision of Land, of this Code, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
MODULAR UNITA prefabricated, detached single- or double-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.
MOTELA building containing lodging rooms having adjoining individual bathrooms, and where each lodging has a doorway opening directly to the outdoors, and more than 50% of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.
MOTOR FREIGHT TERMINALA building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
NEW LIVESTOCK FACILITYA livestock facility that will be used as a livestock facility for the first time, or for the first time in at least five years. "New livestock facility" does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding five years.
NONCONFORMING LOTA lot of record existing on the date of passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
NONCONFORMING STRUCTUREA dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to one or more of the development regulations in the current zoning ordinance. [See § 62.23(7)(hb)1b, Wis. Stats.]
NONCONFORMING USEA use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance. [See § 62.23(7)(ab), Wis. Stats.]
NONMETALLIC MININGOperations or activities for the extraction from the earth for the sale or use by the operator of mineral aggregates or nonmetallic minerals such as stone, sand, gravel, asbestos, beryl, clay, feldspar, peat, talc, and topsoil, including operations or activities such as excavation, grading, and dredging.
NUISANCEAn injurious effect on the safety, health, or morals of the public, or use of property which works some substantial annoyance, inconvenience, or injury to the public and which causes hurt, inconvenience or damage.
NURSERYAny building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
NURSERY SCHOOLAny building used routinely for the daytime care and education of preschool-age children and including all accessory buildings and play areas other than the child's own home or the homes of relatives or guardians.
NURSING HOMEAny building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
OPERATORA person who applies for or holds a local approval for a livestock facility.
ORDINARY MAINTENANCE AND REPAIRAny work done on a nonconforming structure that does not constitute expansion, structural alteration or reconstruction and does not involve the replacement, alteration or improvement of any portion of the structure's foundation.
OTHER OFFICIAL APPROVED ACCESSA private road or easement extending from a private property to a component of the public street system which the Village Board has approved as a primary means of access.
OUTLOTA lot remnant or parcel of land within a plat remaining after platting, which is intended for open space use, for which no development is intended other than that which is accessory to the open space use. An outlot may not be developed for any use or structure that requires a private, on-site wastewater treatment system.
PARKING AREA, SEMIPUBLICAn open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING LOTA structure or premises containing five or more parking spaces open to the public.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PARTY WALLA 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, corporation, partnership, cooperative, limited liability company, trust or other legal entity.
PLACES OF ASSEMBLYPlaces where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.
PLANNED UNIT DEVELOPMENTA large lot or tract of land containing two or more principal buildings or uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.
POPULATE (ANIMALS)To add animal units for which a permit or other local approval is required.
PORCHA building walkway with a roof over it, providing access to a building entrance.
PRIVATE INDIVIDUAL SEWAGE TREATMENT SYSTEMA sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same lot as the structure. This term includes alternative sewage systems, substitutes for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
PRIVATE INDIVIDUAL WATER SYSTEMA system supplying water for human consumption with a well and pump serving a single structure located on the same lot as the structure. This term includes alternative water supply systems, substitutes for the well or pump, a system serving more than one structure or a system located on a different parcel than the structure.
PROPERTY LINEA line that separates parcels of land owned by different persons.
QUARRYINGThe removal of mineral aggregates, topsoil or other natural materials from the earth by excavating, stripping or any other mining process.
RACETRACKA facility or track operated where vehicles of any type competitively race, whether for compensation or not.
RAILROAD RIGHT-OF-WAYA strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REASONABLE ACCOMMODATIONAllowing a disabled person to deviate from the strict requirements of the Village's zoning ordinances if an accommodation is necessary and reasonable in order not to unlawfully discriminate against the disabled person and to allow him or her equal housing opportunity.
RECREATIONAL VEHICLEA. Any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:
(1) Is not used as the permanent residence of the owner or occupant.
(2) Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities.
(3) Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities.
B. Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pickup campers, camping buses, and self-contained, self-propelled truck-chassis-mounted vehicles providing living accommodations. Manufactured or mobile homes that are towed or carried onto a parcel of land but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "recreational vehicle." The term "recreational vehicle" does not include a temporarily placed manufactured or mobile home.
RECREATIONAL VEHICLE CAMPA park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreational vehicles as defined herein, and upon which said recreational vehicles are parked.
RECYCLING CENTERA facility designed to be a collection point where only recyclable materials are sorted and temporarily stored prior to shipment to others who will use those materials for reuse and/or processing into new products. This shall not include junkyards.
RELATED LIVESTOCK FACILITIESLivestock facilities that are owned or managed by the same person and related to each other in at least one of the following ways:
A. They are located on the same tax parcel or adjacent tax parcels of land. (Note: A mere acquisition of a neighboring livestock facility does not constitute an expansion unless more animal units are added to the combined facilities.)
B. They use one or more of the same livestock structures to collect or store manure.
C. At least a portion of their manure is applied to the same landscaping acreage.
RESTAURANTA business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.
RESTAURANT, DRIVE-INA business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.
RETAILThe sale of goods or merchandise in small quantities to the consumer.
ROADSIDE STANDA building or part of a building no more than 500 square feet used for the retail sale of agricultural and related incidental products, excluding livestock, produced on the farm where the stand is located. There shall be no more than one such stand on any one premises.
SANITARY LANDFILLA land disposal facility where solid waste is disposed on land by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to its smallest practical volume, and to cover it with a layer of earth or other approved material as required.
SCHOOL, COMMERCIALA school limited to special instruction such as business, art, music trades, handicraft, dancing or riding.
SCHOOL, PRIVATEAn elementary or intermediate school other than a parochial school giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for the mentally disabled or a college or other institution of higher learning.
SEATFurniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.
SEPARATE SPECIES FACILITYA livestock facility that meets all of the following criteria:
A. It has only one of the following types of livestock, and that type of livestock is not kept on any other livestock facility to which the separate species facility is related. (Note: See also definition for "related livestock facilities"):
B. It has no more than 500 animal units.
C. Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related.
D. It meets one of the following criteria:
(1) Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related.
(2) It and the other livestock facilities to which it is related have a combined total of fewer than 1,000 animal units.
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.
SITE PLANIncludes but is not limited to a drawing to scale of not less than one inch equals 50 feet showing all physical aspects such as buildings, setback dimensions, sidewalks, driveways, playgrounds, parking, and so forth which pertain to the proposed development and its relation to the surrounding area in conformance with the zoning of the area in which the development will exist.
SMOKE SHOPA business or other use in which 10% or more of the gross public floor area is devoted to, or 10% or more of the stock in trade consists of, any of the following: cigarettes, tobacco products, tetrahydrocannabinols, synthetic cannabinoids, products used for smoking, such as a hookah, pipe, bong, or other smoking equipment, electronic delivery devices as defined in §
407-29 of the Village Code, or any other product for use in or ingestion through electronic delivery devices or smoking equipment, which includes but is not limited to propylene glycol, glycerin, nicotine, or flavorings.
[Added 7-10-2023 by Ord. No. 2023-02]
STABLE, COMMERCIALA building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.
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 purposes 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 single-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this chapter.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTURAL COMPONENTAny part of the framework of a building or other structure. The structural components of a building's exterior walls include the vertical studs, top and bottom plates, and window and door sills and headers. A structural component may be nonloadbearing, such as the framework of a wall at the gable end of a one-story house. Wall coverings, such as siding on the exterior and dry wall on the interior, are not included in the definition of "structural component."
STRUCTUREAny man-made object with form, shape and utility that is constructed or otherwise erected, attached to or permanently or temporarily placed, either upon the ground, a riverbed, streambed or lake bed or upon another structure. "Structure" includes swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork such as graded areas, filled areas, ditches, berms or earthen terraces. "Structure" does not include small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, bird feeders, birdhouses and birdbaths.
TEMPORARY STRUCTUREA movable structure not designed for human occupancy or for the protection of goods or chattels and not forming an enclosure, such as billboards.
TENT or HOOP-SUPPORTED STRUCTUREAny structure, building, enclosure, canopy, or tent top, with or without full sidewalls, temporary or permanent, primarily constructed of a frame of any material covered by a fabric of natural or synthetic material, whether opaque, translucent, or transparent, but does not include:
A. Family or individual camping tents used by the resident of the lot and the resident's nonpaying guests for camping activities.
B. Party tents or canopies erected for a party or event.
C. Screen tents or picnic canopies of the type usually used to shelter a family picnic table or outdoor furniture.
TOURIST CAMPA tract or parcel of land on which one or more automobile trailers, tents or camp cabins are located, open to the public free or for a fee.
TRANSMISSION SERVICESElectric power lines, telephone and telegraph lines, communication towers, cables, sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are used to transport power, convey information or transport material between two points, other than wireless communication service facilities.
USEThe purpose or activity for which the land or building thereon 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, PERMITTEDA use which may be lawfully established in a particular district or districts, provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
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 and power plants.
UTILITY BUILDING OR STRUCTUREAn accessory building used for storage of gardening or home-related supplies of limited size not exceeding 10 feet by 14 feet and no greater than nine feet in height.
UTILITY ROOMA room or area in the home used for the mechanicals of the home (furnace, water heater and water softener).
VALUE-ADDED AGRICULTUREA small commercial, manufacturing or service operation which is accessory to an agricultural use. Examples of value-added agriculture include, but are not limited to, small-scale food processing, handcrafting, agriculture-related product packaging and marketing, and agricultural tourism. These farm-based activities cannot exceed a certain size and scale but may involve new structures. Additional permits and licenses may be required to carry on these activities.
VARIANCEA relaxation of the terms of this chapter by the Zoning Board of Appeals where the literal enforcement of this chapter would deny to the property owner a use of his/her property enjoyed as a right by other property owners within the same zoning district.
VEHICLE, MOTOREvery device in, upon or by which any person or property is or may be transported.
VENDING MACHINEA retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.
VISION CLEARANCE TRIANGLEAn unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this chapter.
WALL, RETAININGA structure designed to resist the lateral displacement of soil or other materials.
WASTEManure, milking center waste, and other organic waste generated by a livestock facility.
WASTE STORAGE FACILITYOne or more waste storage structures, and includes stationary equipment and piping used to load or unload a waste storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. "Waste storage facility" does not include equipment used to apply waste to land.
WASTE STORAGE STRUCTUREA waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Waste storage structure" does not include equipment used to apply waste to land. Pursuant to the purposes of §§ ATCP 51.12(2) and ATCP 51.14, Wis. Adm. Code, "waste storage structure" does not include any of the following:
A. A structure used to collect and store waste under a livestock housing facility.
B. A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.
WINTER GRAZING AREACropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30. "Winter grazing area" does not include any of the following:
A. An area, other than a pasture, where livestock are kept during the period from May 1 to September 30.
B. An area which at any time has an average of more than four livestock animal units per acre.
C. An area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water.
D. An area in which manure deposited by livestock causes nutrient levels to exceed the standards in § ATCP 51.16, Wis. Adm. Code.
WPDES PERMITA Wisconsin pollutant discharge elimination permit issued by the Wisconsin Department of Natural Resources under Ch. NR 243, Wis. Adm. Code.
YARDAn open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.
YARD, FRONTA yard extending the full width of the lot between the front lot line and the nearest part of the principal building, excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.
YARD, REARA yard extending the full width of the lot between the rear lot line and the nearest part of the principal building.
YARD, SIDEA yard on each side of the principal building extending from the building to the lot line and from the front yard line to the rear yard line.
YARD, TRANSITIONALThat yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.
ZERO LOT 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 waters subject to this chapter are or shall be used in accordance with the provisions of this chapter.