The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. If not otherwise defined in this section or other provisions of this Code, words used in this chapter shall have their ordinary and accepted meaning.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.

Alley means a public street or right-of-way affording only secondary access to abutting properties.

Arterial street means a public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways, and parkways.

Automobile wrecking yard means any premises on which more than one automotive vehicle, not in running or operating condition is stored in the open.

Basement means that portion of any structure located directly below the average adjoining lot grade.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for five or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.

Building means 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.

Building area means the total living area bounded by the exterior walls of a building at the floor levels, but not including the basement, utility rooms, garage, porch, breezeway, or unfinished attic.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

Conditional use means a use which is not permitted without application, review, and a public hearing. The approval shall be based on a list of requirements (conditions), which shall be complied with to retain the use.

Condominium means a class or form of ownership wherein individual dwelling units are owned separately and other associated lands or facilities are owned in common. Condominium units may be individual units under individual ownership within a multiple family structure where the land on which the structure is located is in common undivided ownership, or in the case of a detached condominium, may consist of individual home sites owned by separate individuals with common open space lands owned by a cooperative or property owners' association.

Density, gross. Density is the area required for a residence divided into an acre (43,560 square feet). The result is expressed as "dwelling units per acre." Gross areas, used in computing "gross density" are the net area devoted to the residential use plus the proportionate area devoted to all supporting land uses, including streets, public lands, or usable lands, school sites, and commercial sites in a given development.

Density, net. Density is the area required for a residence divided into an acre (43,560 square feet). The result is expressed as "dwelling units per acre." Net areas, used in computing "net density" are the actual sites devoted to the residential use and consist of the ground floor area of the building plans, the required yards, and private drives.

Department means the state department of natural resources.

Development means any artificial 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 substantial improvements to buildings, structures, or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities.

District means a part or parts of the village for which the regulation of this chapter governing the use and location of land and buildings are uniform (such as residential, commercial, and industrial district classifications).

District, overlay. Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the stricter of the conflicting requirements shall apply.

Dwelling means a residence or sleeping place in a building designed for such a use, having a separate address, but does not include boardinghouses or lodginghouses, motels, hotels, or tents.

Dwelling, multiple-family, means 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, means a detached dwelling designed for or occupied exclusively by one family.

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.

Equal degree of encroachment. The effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation assures that property owners up, down, or across the river or stream will have the same rights of hydraulic encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.

Erosion means the detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure; these services include natural gas, electricity, stormwater drainage, sanitary sewerage, and communication systems.

Expandable mobile home means a mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.

Family means one or more persons related by blood or marriage occupying the premises and living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity, or hotel.

FEMA means the Federal Emergency Management Agency.

Fence means a self-supporting barrier enclosing or separating fields, yards, uses, etc.

Fixed houseboat, as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation, which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spud poles attached to the bed of the waterway.

Flood means a temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

Flood fringe means that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood; it is generally associated with standing water rather than rapidly flowing water.

Flood hazard boundary maps means a map prepared for the village by FEMA designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-zones and do not contain floodway lines or regional flood elevations. These maps form the basis for both the regulatory and insurance aspects of the national flood insurance program.

Flood insurance study means a technical engineering examination, evaluation, and determination of flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and regional flood elevations as well as floodway lines. The flood hazard areas are designated as numbered or unnumbered A-zones. Flood insurance study maps form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

Flood lands. For the purpose of this article, the flood lands are all lands contained in the regional flood or the 100-year recurrence interval flood. For the purpose of zoning regulation, the flood lands are divided into the cedar creek floodway, floodplain-conservancy and floodplain fringe overlay districts.

Flood profile means a graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Flood protection elevation means an elevation that corresponds to a point two feet of freeboard above the water surface profile associated with the regional 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.

Floodplain means that land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe and general floodplain areas.

Floodplain island means a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Floodproofing means any combination of structural and nonstructural additions, changes or adjustments, which reduce or eliminate flood damage to unimproved or improved real estate, water and sanitary facilities, structures and their contents. The term "floodproofing" also means measures designed to prevent and reduce flood damage for those uses which cannot be removed from, or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials to operation and management safeguards, such as the following: reinforcing of basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent watertight bulkheads, shutters, and doors; treatment of exposed timbers; elevation of flood vulnerable utilities; use of waterproof cement; adequate fuse protection; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; installation of seal-tight windows and doors; installation of wire reinforced glass; location and elevation of valuable items; waterproofing, disconnection, elevation, or removal of all electric equipment; avoidance of the use of flood vulnerable areas; temporary removal or waterproofing of merchandise; postponement of orders or rescheduling of freight shipments; operation of emergency pump equipment; closing of backwater sewer valves; placement of plugs and flood drain pipes; placement of moveable watertight bulkheads; and the shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point two feet above the elevation of the regional flood. Any structure that is located entirely or partially below the flood protection elevation shall be anchored to protect it from larger floods.

Floodway means the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Floodway encroachment lines represent the limits of obstruction to flood flows. These lines are designated to both sides of, and generally parallel to, the channel of a river or stream. They are established by assuming that the area landward (outside of the encroachment lines) will ultimately be developed in such a way that will not convey flood flows, but the development will not cause an increase to regional flood elevations upstream. It is assumed that any development riverward of these lines will cause an obstruction and will require a detailed analysis to determine its effect on the regional flood elevations upstream.

Frontage means the smallest dimension of a lot abutting a public street measured along the street right-of-way line; for lots abutting a lake or stream, the smallest dimension measured along the shoreline.

Garage, private, means a structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises. Carports are considered garages.

Garage, public or commercial, means any garage other than a private garage.

Group home means a household unit of more than five unrelated persons living in a single dwelling unit under the supervision of a responsible adult or married couple. Examples of group homes are those housing autistic or mentally handicapped persons; sightless or deaf persons; reformed or reforming alcoholics or drug addicts; or other similarly disadvantaged persons for the purpose of adapting or acquainting such persons with normal social environments. Such households may also be referred to as halfway houses.

High flood damage potential means any danger to human life or public health or the potential for any significant economic loss to a structure or its contents.

Home occupation means any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 20 percent of the area of one floor, employs no more than one nonresident employee, uses only household equipment, and no stock in trade is kept or sold except that made on the premises. A home occupation includes uses such as baby-sitting, millinery, dressmaking, canning, laundering, music teaching to not more than two pupils at one time, and crafts, but does not include the display of any goods nor such occupations as barbering, beauty shops, dance schools, real estate brokerage, or photographic studios.

Increase in regional flood height means a calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain, but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.

Junk or salvage yard means an area consisting of buildings, structures, or premises where junk waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials, and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

Land developing activity means the construction of buildings, roads, parking lots, paved storage areas and similar facilities.

Land disturbing construction activity means any manmade change of the land surface, including removing vegetation cover, excavation, filling and grading, but not including agricultural land uses, growing and tending of gardens, harvesting of trees, and landscaping modifications.

Land use means any nonstructural use made of unimproved or improved real estate. (Also see Development.)

Lot, for the purpose of this chapter, means a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces; provided that no such parcel is bisected by a public street, and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes shall be included in the computation of lot size for the purpose of this chapter.

Lot, corner, means a lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.

Lot, double frontage, means a parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water. Double frontage lots, for the purpose of this chapter, shall be deemed to have two front yards and no rear yard.

Lot width means the width of a parcel of land measured at the setback line.

Manufactured home consists of two manufactured home sections combined horizontally on the site.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. For the purpose of this chapter, "manufactured home" does not include recreational vehicles or travel trailers.

Manufactured home lot means a parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.

Manufactured home park means a parcel of land which has been developed for the placement of manufactured homes, and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a manufactured home park are rented to individual manufactured home users.

Motel means a series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within this state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the state portion of boundary waters, which are navigable under state law. The state supreme court has declared navigable bodies of water with a bed differentiated from adjacent uplands and with levels of flows sufficient to support navigation by a recreational craft at the shallowest draft on an annually recurring basis.

Nonconforming uses or structures means any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto which does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.

Normal high-water mark means a line of reference commonly identified as being where the land is conterminous to the normal high-water elevation. For the purposes of this chapter, the normal high-water mark is defined as the line where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

Obstruction to flow means any development which physically blocks the conveyance of floodwaters such that this development by itself or in conjunction with any future similar development will cause an increase in regional flood height.

Official floodplain zoning map means the map, adopted and made part of this chapter, as described in section 48-101, which has been approved by the department and FEMA.

Open space use means those uses having a relatively low flood damage potential and not involving structures.

Ordinary high-water mark means the point on the bank or shore up to which the presence and action surface water is so continuous as to leave a distinctive mark such as erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other recognized characteristic.

Parking lot means a structure or premises containing ten or more parking spaces. Such spaces may be for rent or a fee.

Parties in interest includes all abutting property owners, all property owners within 500 feet and all property owners of opposing frontage.

Person means an individual, or group of individuals, corporation, partnership, association, municipality or state agency.

Plan agency means the municipal plan commission, agency, committee or a board of public land commissioners of the village's governing body created under Wis. Stats. § 62.23(1) that acts on matters pertaining to planning and zoning.

Primary floor area means the floor area of a building for purposes of determining required parking ratios, which areas shall include only that portion of the total floor area devoted to customer service, sales and office space and shall not include warehouse, utility, hallways and other accessory space which does not generate parking demand.

Professional home offices means residents of clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, artists, teachers, authors, musicians, or other recognized professions used to conduct their professions where the office does not exceed 20 percent of the area of only one floor of the residence and only one nonresident person is employed.

Reach means a longitudinal segment of a stream generally including those flood lands wherein flood stages are primarily and commonly controlled by the same manmade or natural obstructions to flow.

Rear yard means 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.

Regional flood. The regional flood is a flood determined to be representative of large floods known to have generally occurred in this state and that may be expected to occur on a particular stream because of the physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 20 percent chance of occurrence.

Runoff means the rainfall, snowmelt, or irrigation water flowing over the ground surface.

Sectional home means a dwelling made of two or more modular units factory fabricated and transported to the home site where they are put on a foundation and joined to make a single home.

Setback or street yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.

Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland,wetland district, means the zoning district, created in this zoning code, comprised of shorelands that are designated as wetlands on the wetlands inventory maps, which have been adopted and made a part of this chapter.

Side yard means an open, unoccupied space on the same lot with a principal building located between the side of the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. Each lot shall normally have two side yards. The required side yard dimension shall be measured from the furthest overhang of the building to the side lot line.

Signs means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product, and which is visible from any public street or highway.

Storage capacity means the volume of space available above an area of floodplain fringe land for the temporary storage of floodwater.

Street means a public right-of-way providing primary access to abutting properties.

Structure means any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery, and equipment.

Structural alterations means any changes in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girder.

Sustained yield forestry means management of forested lands to provide annual or periodic crops of forest products.

Unnecessary hardship means that circumstance where special conditions, which were self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as area, setbacks, frontage, or height) unnecessarily burdensome or unreasonable in light of the purpose of this chapter. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property.

Variance means an authorization granted by the board of appeals to construct, alter or use a building or structure in a manner that deviates from dimensional standards of this chapter. A variance may not permit a use of property that is otherwise prohibited by the Code or allow construction not protected to the flood protection elevation.

Water surface profile means a graphic representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

Wetlands means those lands which are partially or wholly covered by marshlands, flora, and generally covered with shallow standing water or lands which are wet and spongy due to a high water table.

Wetland alteration means any construction filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

(Prior Code, § 14.02)

The purpose of this chapter is to promote the comfort, health, safety, morals, prosperity, aesthetics, and general welfare of the village. It is the general intent of this chapter to regulate and restrict the use of all structures, lands, and waters; and to address the following areas of concern:

(1)

Lots and structures. Lot size, location, types and sizes of structures are regulated so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage.

(2)

Population density and distribution. Population and density are regulated to avoid sprawl or undue concentration and to facilitate the provision of adequate public services and utilities.

(3)

Parking, loading, and access. Parking, loading and access are regulated so as to lessen congestion in and promote the safety and efficiency of streets and highways.

(4)

Safety. Protect the village and its residents from fire, flooding, pollution, contamination and other dangers.

(5)

Property values. Stabilize and protect property values. It is especially important to see that the aesthetics and stability of property values are maintained wherever single-family properties abut industrial or commercial properties. Extra precautions must be taken to prevent impairment or depreciation of existing single-family properties whenever new industrial or commercial properties are proposed.

(6)

Aesthetics. Preserve and protect the natural as well as manmade characteristics of the village. The plan commission shall not recommend any application, unless it determines that the following facts and conditions exist and shall so indicate in the minutes of its proceedings that: the site plan is architecturally functional; and that the exterior design is not unsightly or obnoxious and is not disharmonious or so similar to existing neighboring developments that substantial depreciation of neighboring property or development will be caused by applicants proposal.

(7)

Erosion control. Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters.

(8)

Water. Provide safe and healthful water.

(9)

Flood damage. Prevent flood damage to persons and property and minimize expenditures for flood relief and flood control projects.

(10)

Commercial and industrial areas. Provide for and protect suitable commercial and industrial sites.

(11)

Streets and roads. Protect the carrying capacity of existing and proposed arterial and collector streets and highways.

(12)

Implementation. Implement those municipal, county, watershed, and regional plans or components of such plans adopted by the village.

(13)

Enforcement. Provide for the administration and enforcement of this chapter and to provide for penalties for violation of this chapter.

(Prior Code, § 14.01B, C)

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Prior Code, § 14.01D)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the village and shall not be construed to be a limitation or repeal of any other power possessed by the village.

(Prior Code, § 14.01E)

The jurisdiction of this chapter shall include all lands and water within the village limits.

(Prior Code, § 14.03A)

No structure, land, or water shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered except in conformity with the regulations herein specified for the district in which it is located.

(Prior Code, § 14.03D)