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Hales Corners City Zoning Code

ARTICLE XVIII

Terminology

§ 445-18.1 Definitions and word usage.

For the purposes of this chapter, the following definitions shall be used, unless a different definition is specifically provided for in 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.
ABUTTING
Have a common property line or district line.
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.
ACRE, NET
The actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
ALLEY
A public way which affords only a secondary means of access to abutting property.
AMUSEMENT PLACES, OUTDOOR
A place in the open air used for entertainment or recreation and, by way of illustration but not of exclusion, the following shall be included: amusement go-carts, trampolines, Ferris wheels and merry-go-rounds.
APARTMENT
A 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 STREET
A 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.
BASEMENT
That portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-around living accommodations.
BERM
A mound of earth typically located within a buffer yard to shield noise, lights, or other nuisances.
[Added 11-28-2005 by Ord. No. 05-18]
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BOARDINGHOUSE
A building other than a hotel or restaurant where meals or lodging is regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 20 persons and not open to transient customers.
BUFFERING AREA
A. 
An area designated to neutralize the transition from a business use site to a residential use site. Planting in this area shall be, among others, for the purpose of shielding of lights of the business area from the residential area and the business operations. Such area shall be landscaped and maintained in an attractive manner and shall be planted with trees, bushes and shrubs, forming an effective screen. Plantings shall not be made of seedlings but from stock that is capable of attaining a good growth within a period of five years, such plantings to be made from lilacs, honeysuckle or other native varieties that will, at maturity, reach a height of 10 to 15 feet and form a dense growth.
B. 
No accessory buildings or vehicular parking shall be permitted thereon. Replacement shall be required for any subsequently destroyed, eroded or dead plantings in order to preserve the protective shield between properties. In the event such screening is provided by a solid fence or masonry wall, the owner must maintain or replace such fence or wall in order to maintain an attractive buffer.
BUFFER YARD, LANDSCAPE
An area of land within the boundaries of a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or using trees, shrubs, fences, walls, and/or earthen berms, or other visual and/or sound barriers designed to limit continuously the view and/or sound from the lot, site, or land use to adjacent lots, sites, or land uses. Landscape buffer yards are delineated graphically on the face of the site plan, landscape plan, certified survey map (a delineated easement), subdivision plat (a delineated easement), or condominium plat (as a common element). Landscape buffer yards are to be counted towards the landscape surface ratio (LSR) and setback requirements set forth herein.
[Added 11-28-2005 by Ord. No. 05-18]
BUILDABLE LOT AREA
The portion of a lot remaining after required yards have been provided.
BUILDING
Any 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 AREA
The total area bounded by the exterior walls of a building at the floor levels, but not including basement, garages, porches, and unfinished attics.
[Added 11-28-2005 by Ord. No. 05-18]
BUILDING SETBACK LINE
A line parallel to the lot line at a distance parallel to it regulated by the yard requirements set up in this code.
BUILDING SITE AREA
The ground area of a building or buildings, together with all open spaces, as required by this chapter.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, HEIGHT OF
The 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 roof, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BUSINESS
An occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CALIPER
A measurement of the diameter of a tree taken six inches from the ground level for trees up to and including four-inch caliper sizes, and 12 inches above ground level for larger sizes.
[Added 11-28-2005 by Ord. No. 05-18]
CHANNEL
A natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water.
CLUB
An association of persons for some common purpose, but not including a group organization primarily or which is actually engaged to render a service which is customarily carried on as a business. A roadhouse or tavern shall not be construed as a club.
COMMERCIAL
Any use of structure or premises in which commodities are raised, produced, manufactured, rented, sold or stored for profit or in which plants or animals are propagated or raised, in excess of the consumption requirements of the family or families residing in said structure or on said premises.
COMMUNITY LIVING ARRANGEMENT
The following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats., group homes under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination as a permitted use in a district.
CONSERVATION STANDARDS
Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide prepared by the USDA Natural Resources Conservation Service for Milwaukee 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 plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CONTROLLED ACCESS ARTERIAL STREET
The 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.
CORNER LOT
On corner lots, the front and street side setback shall be measured from the street lines. The setback from the side street shall be equal to the required front setback wherever possible. Said corner lots shall be consisting of a parcel of property abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135°. Corner lots shall meet front yard setback requirements for all street sides.
CUTOFF
The point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cut off) at a specific angle above the ground.
[Added 11-28-2005 by Ord. No. 05-18]
CUTOFF ANGLE
The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
[Added 11-28-2005 by Ord. No. 05-18]
CUTOFF-TYPE LUMINAIRE
A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at an angle that is less than 90°.
[Added 11-28-2005 by Ord. No. 05-18]
dBA
The A-weighting scale of sound measurement as expressed in decibels.
[Added 11-28-2005 by Ord. No. 05-18]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction of additions or substantial improvements to buildings, structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.
DISTRICT, BASIC
A 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, OVERLAY
Overlay 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.
DOWN ZONING ORDINANCE
A zoning ordinance that affects an area of land in one of the following ways:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
By decreasing the development density of the land to be less dense than was allowed under its previous usage.
B. 
By reducing the permitted uses of the land, that are specified in a zoning ordinance or other land use regulation, to fewer uses than were allowed under its previous usage.
DRIVE-IN USE
Any business establishment where the normal operation thereof encourages the customer to remain in an automobile while purchasing, being served or consuming products sold on the premises. By way of illustration, but not of limitation, such use shall include gasoline service stations, gasoline filling stations, custard stands, drive-in banks and savings and loans, drive-in restaurants where food is consumed outside the building even when the drive-in operation is seasonal or only part of the overall operation, frozen milk stands, mechanical garages when gasoline is sold as an incidental service and any other use determined by the Plan Commission to be of the same general character as the foregoing.
DWELLING
A building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING UNIT
A group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.
DWELLING, EFFICIENCY
A dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILY
A 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, SINGLE-FAMILY
A detached building designed for or occupied by one family.
DWELLING, TWO-FAMILY
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
EIFS
Exterior insulation and finish systems for buildings which are multilayered exterior wall systems that are used on both commercial buildings and residential buildings.
[Added 11-28-2005 by Ord. No. 05-18]
ESSENTIAL SERVICES
Services 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 communications 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.
FAMILY
A single person or group of persons who are related by blood, marriage, adoption or affinity and live together in a stable family relationship. A family of more than a single person as defined herein shall consist of a group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in single-family residential neighborhoods.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
In determining whether or not a group of unrelated individuals is a family under this definition, the following criteria must be used:
(1) 
The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a family.
(2) 
The following factors shall be considered in determining whether a family use exists:
(a) 
The presence of minor dependent children regularly residing in the household.
(b) 
Evidence of shared household expenses.
(c) 
Whether or not different members of the household have the same address for purposes of voter registrations, drivers' licenses, motor vehicle registrations, summer or other residences and the filing of taxes.
(d) 
Enrollment of dependent children in local schools.
(e) 
Any other evidence reasonably related to whether or not the group or persons have functioned as a family as defined in this chapter.
B. 
Except as provided under § 62.23(7)(i), Wis. Stats., the foregoing definition of "family" may not be used or applied to prohibit or restrict the following:
(1) 
A community living arrangement with a capacity of eight or fewer persons as described and meeting criteria under § 62.23(7)(i), Wis. Stats., that is licensed, operated or permitted under the provisions set forth in § 62.23(7)(i), Wis. Stats.
(2) 
A foster home under the provisions of Ch. 48, Wis. Stats., whereby a foster home license is issued, provided that the number of foster children shall not exceed four, unless all are in the relationship to each other of brother or sister.
(3) 
An adult family home licensed under § 50.033(1m)(b), Wis. Stats., and described in and subject to the provisions of §§ 50.01(1)(b) and 62.23(7)(i), Wis. Stats., which provide that the number of additional adults residing at such adult family home shall not exceed four, unless all of the additional adults are siblings each of whom has a developmental disability.
FARMING, GENERAL
Includes 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.
FARMSTEAD
A single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.
FLOOR AREA, BUSINESS AND MANUFACTURING BUILDINGS
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 noted herein.
FLOOR AREA, GROSS
The gross floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, "gross floor area" shall include:
[Added 11-28-2005 by Ord. No. 05-18]
A. 
Basement space if at least 1/2 of the basement story height is above the established curb or ground level.
B. 
Elevator shafts and stairwells at each floor.
C. 
Floor space used for mechanical equipment where the structural headroom exceeds 7.5 feet, except equipment, open or enclosed, located on the roof; i.e., bulkheads, water tanks, and cooling towers.
D. 
Attic floor space where the structural headroom exceeds 7.5 feet.
E. 
Interior balconies and mezzanines.
F. 
Enclosed porches, but not terraces and breezeways.
G. 
Accessory structures.
FOOTCANDLE
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
[Added 11-28-2005 by Ord. No. 05-18]
FOSTER FAMILY HOME
The 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.
FRONTAGE
All 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.
GARAGE, MECHANICAL
Any building or premises where automotive vehicles are repaired, rebuilt, reconstructed or stored for compensation.
GARAGE, PRIVATE
A detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles of the occupant of the premises.
GARAGE, PUBLIC
Any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.
GROUP FOSTER HOME
Any 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.
HOME OCCUPATION
Any occupation for gain or support conducted entirely and only by members of a family within a residential building, provided that no article is sold or offered for sale, except such as may be produced in the household by members of the family, and that no display of products shall be visible from the street and that no accessory building shall be used for such home occupation.
HOTEL
A 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.
IMPERVIOUS SURFACES
Those which do not absorb water. Impervious surfaces consist of all buildings, parking areas, driveways, packed stone, roads, sidewalks, decks, and any areas of concrete or asphalt. For lumberyards or similar uses, areas of stored lumber constitute impervious surfaces.
[Added 11-28-2005 by Ord. No. 05-18]
INSTITUTION
A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNK
Any 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.
JUNKYARD
Any area, lot, land, parcel, building or structure or part thereof used for the storage, collecting, processing, purchase, sale or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.
LAND CONSOLIDATION
The combining of two or more separate existing parcels of land or existing lots, or portions thereof, through the act or process of the combination of tax key numbers, lot line adjustment, the exchange of property between abutting property owners, subdivision platting, certified survey map, or condominium platting.
[Added 11-28-2005 by Ord. No. 05-18]
LANDSCAPE SURFACE AREA
Surface area of land not covered by any building or impervious surface; pervious surface that is maintained as a natural area and left undisturbed or to support plant life.
[Added 11-28-2005 by Ord. No. 05-18]
LANDSCAPE SURFACE RATIO (LSR)
The ratio derived by dividing the area of landscaped surface by the base site area.
[Added 11-28-2005 by Ord. No. 05-18]
LANDSCAPING
Living material, such as grass, ground cover, flowers, shrubs, vines, hedges, and trees, and nonliving durable material, such as rocks, pebbles, sand, mulch, wood chips or bark, walls, and fences, but not including paving.
[Added 11-28-2005 by Ord. No. 05-18]
LOADING AREA
A 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 HOUSE
A building where lodging only is provided for compensation for not more than four persons not members of the family.
LOT
A parcel of land having frontage on a public street or other officially approved means of vehicular access, occupied or intended to be occupied by a principal structure or use and of sufficient size to meet minimum zoning requirements for use, width, frontage, area, yard, and open space provisions as set forth in this chapter as pertaining to the zoning district wherein located.
[Amended 11-28-2005 by Ord. No. 05-18]
LOT AREA
The area contained within the exterior, or peripheral, boundaries or lot lines of a lot excluding street and/or alley rights-of-way and excluding land under navigable bodies of water.
[Added 11-28-2005 by Ord. No. 05-18]
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 COVERAGE (RESIDENTIAL)
The area of a lot occupied by the principal building or buildings and accessory building.
LOT LINE
A 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 LINES AND AREA
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT OF RECORD
An area of land designated as a lot on a plat of subdivision or certified survey map recorded or registered pursuant to statute existing at the time of the adoption of this chapter.
[Added 11-28-2005 by Ord. No. 05-18]
LOT WIDTH
The horizontal distance between the side lot lines measured at the building setback line.[1]
LOT, INTERIOR
A 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, SUBSTANDARD
A 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 area, yard, off-street parking area or other open space provisions of this code as pertaining to the district wherein located. In addition to the foregoing definition, and as the superseding definition in the event of any conflict with the foregoing, pursuant to § 66.10015(1)(e), Wis. Stats., "substandard lot" means a legally created lot or parcel that met any applicable lot size requirements when it was created, but does not meet current lot size requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
LOT, THROUGH
A 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.
LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
[Added 11-28-2005 by Ord. No. 05-18]
MINOR STRUCTURES
Any small, movable accessory erection or construction such as birdhouses, toolhouses, pet houses, play equipment, arbors and walls and fences under four feet in height.
MOBILE HOME
A manufactured home that is HUD-certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974.[2] 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 LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.
MOBILE HOME SUBDIVISION
A land subdivision, as defined by Ch. 236, Wis. Stats., and any Village land division ordinance, 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 UNIT
A factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, business, educational or industrial purposes.
NONCONFORMING USE
Any structure, use of land, use of land and structure in combination or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this code or amendments thereto and which is not in conformance with this code. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.
NURSING HOME
An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not fewer than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.
PARKING LOT (BUSINESS)
A lot where automobiles are parked temporarily, but not including the wrecking of automobiles.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PROFESSIONAL OFFICE
When conducted in a residential district, a professional office shall be incidental to the residential occupation; shall be conducted by a member of a resident family entirely within a residential building; and shall include only the offices of doctors or practitioners, ministers, architects, landscape architects, professional engineers, lawyers, authors, musicians and other recognized professional occupations occasionally conducted within residences.
PUBLIC AIRPORT
Any 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.
REAR YARD
A 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 street yard or one of the street yards on a corner lot.
RETAIL
The sale of goods or merchandise in small quantities to the consumer.
ROOFLINE
The top or bottom edge of a roof or building parapet, whichever is lower, excluding any cupolas, pylons, chimneys, or other minor projections.
[Added 11-28-2005 by Ord. No. 05-18; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
SERVICE STATION
Any building, structure, premises or other place used for dispensing, sale or offering for sale of any motor fuel or oils having pumps and storage tanks of a total capacity of not more than 6,000 gallons; also where battery, tire and other similar services are rendered, located wholly within lot lines. When such dispensing, sale or offering for sale of any fuels or oils is incidental to the conduct of a mechanical garage, the premises shall be classified as a mechanical garage.
SETBACK
The 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 36 inches. Any overhang of the cornice in excess of 36 inches shall be compensated by increasing the setback. Uncovered steps shall not be included in measuring the setback.
SIDE YARD
A 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.
SIGN
See Article XI, Signs and Billboards, § 445-11.2.
[Amended 6-14-2021 by Ord. No. 21-02]
SOLAR COLLECTION SYSTEM
An arrangement of panels or other solar energy devices that provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating.
[Added 4-25-2022 by Ord. No. 22-02]
STORAGE, OUTDOOR
The keeping of goods or materials, excluding junk, outside of a building, and which shall be considered as an accessory use, unless specifically indicated as a principal use under this chapter.
[Added 11-28-2005 by Ord. No. 05-18]
STORY
That 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, HALF
That 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 half story in a sloping roof shall not be counted as a story for the purposes of this code.
STREET
Property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.
STREET YARD
A 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.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, which affects the structural strength, fire hazard, internal circulation or exits of such building.
STRUCTURE
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.
TEMPORARY STRUCTURE
A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
TREE
Any self-supporting, woody plant, together with its root system, growing upon the earth usually with one trunk, or a multistemmed trunk system, supporting a definitely formed crown.
[Added 11-28-2005 by Ord. No. 05-18]
TREE, CANOPY
A tree whose leaves would occupy the upper level of a forest in a natural ecological situation. This type of tree is often referred to as a "shade tree."
[Added 11-28-2005 by Ord. No. 05-18]
TREE, EVERGREEN
A tree which is coniferous, has needles, and retains its foliage year-round. This type of tree is often referred to as an "evergreen tree."
[Added 11-28-2005 by Ord. No. 05-18]
TREE, UNDERSTORY
A tree whose leaves would occupy the lower level of a forest in a natural ecological situation. This type of tree is often referred to as an "ornamental tree."
[Added 11-28-2005 by Ord. No. 05-18]
USE
The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.[3]
USE, PRINCIPAL
The main use of land or building as distinguished from subordinate or accessory use.
UTILITIES
Public 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.
VISION CLEARANCE
An 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.
YARD
An 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, FRONT
A 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.[4]
ZERO LOT LINE
The 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 LOT
A single tract of contiguous land located within a single block which is a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
[Added 11-28-2005 by Ord. No. 05-18]
[1]
Editor's Note: The original definition of "lot, corner," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See definition of "corner lot."
[2]
Editor's Note: See 42 U.S.C. § 5401 et seq.
[3]
Editor's Note: The original definition of "use, accessory," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See definition of "accessory use or structure."
[4]
Editor's Note: The original definitions of "yard, rear" and "yard, side," which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See definitions of "rear yard" and "side yard."