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Marinette City Zoning Code

ARTICLE XXXVI

Definitions

§ 465-317 Word usage.

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 "building" includes the word "structure"; the word "shall" is mandatory and not directory. Any words not herein defined shall be construed as defined in the Wisconsin State and Marinette City Building Codes.

§ 465-318 General definitions.

For the purposes of this chapter, certain words and terms are defined as follows:
ACCESSORY USE
A use of land or a portion of a building customarily incidental to the actual principal use of the land or building and located on the same parcel or property with such principal use.
ALLEY
A street or thoroughfare less than 21 feet wide and affording only secondary access to abutting property.
APARTMENT HOUSE
See "dwelling, multiple."
ATTACHED GARAGE
A building or portion of a building that can be used for motor vehicle storage that is attached to the principal building by sharing a common wall which usually has an interconnecting door. For the purpose of calculating yard setbacks and site coverage requirements, an attached garage is deemed to be part of the principal building.
ATTACHED STRUCTURE
A structure connected to another structure by a common wall or roof.
BASEMENT
One or more floors of a building that are completely or partly below the ground floor. A story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
BED-AND-BREAKFAST ESTABLISHMENT, COMMERCIAL
Any place of lodging that:
A. 
Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients;
B. 
Provides no meals other than breakfast and provides the breakfast only to renters of the place;
C. 
Is the owner's personal residence;
D. 
Is occupied by the owner at the time of rental;
E. 
Was originally built and occupied as a single-family residence or, prior to use as a place of lodging, was converted to use and occupied as a place of lodging; and
F. 
Has had completed as of April 27, 1990, any structural additions to the dimensions of the original structure, including renovation, except that a structural addition, including renovation to the structure may, after April 27, 1990, be made within the dimensions of the original structure.
BED-AND-BREAKFAST ESTABLISHMENT, RESIDENTIAL
Any place of lodging that:
A. 
Provides four or fewer rooms for rent to no more than a total of 10 tourists or transients;
B. 
Provides no meals other than breakfast and provides the breakfast only to renters of the place;
C. 
Is the owner's personal residence;
D. 
Is occupied by the owner at the time of rental;
E. 
Was originally built and occupied as a single-family residence or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence; and
F. 
Has had completed as of April 27, 1990, any structural additions to the dimensions of the original structure, including renovation, except that a structural addition, including renovation to the structure may, after April 27, 1990, be made within the dimensions of the original structure.
BOARD OF APPEALS
Refers to the Zoning Board of Appeals as provided in this chapter.
BOARDINGHOUSE
A building other than a hotel where meals, or lodging and meals, are furnished for compensation for three or more persons not members of a family.
BUILDABLE AREAS
The buildable area of a lot is the space remaining after the minimum open space requirements of this chapter have been complied with.
BUILDING
Any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When any portion thereof is completely separated from every other portion by masonry or a fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
BUILDING LINE
A line established, in general, parallel to the front street line, between which and the front street line no part of a building shall project, except as otherwise provided by the chapter.
BUILDING SUPPLY, RETAIL
An establishment where lumber, building materials such as brick, tile, cement, insulation, roofing material, heating and plumbing supplies, electrical supplies, hardware, tools, small equipment such as lawn mowers and tillers, paint, wallpaper, glass, windows, doors, appliances, etc., is sold at retail.
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 is conducted the principal use of the lot on which it is situated.
CARPORT
A permanent structure, open on at least one side, used to provide sheltered parking for not more than three motor-driven vehicles.
CLINICS
Medical and dental clinics operating for the primary purpose of providing outpatient treatment for human ills by one or more physicians or dentists and including related facilities such as laboratories and other service facilities.
COMMERCIAL ACCESSORY STRUCTURE
A structure, which is:
A. 
Detached from and clearly incidental and subordinate to the principal use of a structure on a lot;
B. 
Located on the same lot as the principal structure or use; and
C. 
Clearly and customarily related to the principal structure or use.
COMMUNITY LIVING ARRANGEMENTS
Any of the following facilities licensed or operated or permitted under the authority of the State of Wisconsin Department of Health Services: child welfare agencies under § 48.60, Wis. Stats., group homes for children under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but it does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails.
CONDOMINIUM
A form of individual ownership of portions of real estate and common rights and shared use to remaining real estate in a single development.
CONTIGUOUS
Sharing an edge or boundary, touching; neighboring, adjacent.
COURT
An open unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
DENSITY
The number of dwelling units developed on an acre of land. As used in this chapter, all densities are stated in dwelling units per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, playgrounds, school yards, or other public lands and open spaces.
DETACHED BUILDING
A building whose walls and roof are independent of any other building with open spaces on all sides.
DWELLING UNIT
A room or rooms connected together, constituting a separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent bathing and cooking and sleeping facilities.
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, ONE-FAMILY
A detached building designed for or occupied exclusively by one family. A one-family dwelling shall have a minimum area of 600 square feet per story.
DWELLING, TWO-FAMILY
A detached or semidetached building designed for and occupied exclusively by two families. A two-family dwelling shall have a minimum area of 600 square feet per family.
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 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.
EXISTING NONCONFORMANT
A land use or structure that was legal when it was established but is not in compliance with the current zoning regulations.
FACTORY-BUILT HOME
A dwelling unit fabricated in an off-site manufacturing facility and transported in one or more sections for installation or assembly at its final placement site.
FAMILY
Consists of one or more persons each related to the other by blood, marriage, adoption, or foster children, who are living together in a single dwelling and maintaining a common household.
FAMILY DAY-CARE HOME
A dwelling licensed as a day-care center by the Department of Health Services under § 48.65, Wis. Stats., where care is provided for not more than eight children.
FILL MATTER
Materials not having organics, voids or any man-made materials. Acceptable fill matter consists of sand, gravel, clean crushed pit run.
FLOOR AREA
For the purpose of determining the floor area per family, "floor area" shall mean the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to such use, as measured from the exterior faces of the exterior walls or from the center line of walls. Floor area excludes accessory buildings, basements, unfinished attics, except as provided in the City of Marinette housing and building codes.
FLOOR AREA (BUSINESS, COMMERCIAL AND INDUSTRIAL BUILDINGS)
For the purpose of determining off-street parking and off-street loading requirements: The sum of the gross horizontal areas of several floors of the building or portion thereof devoted to a use requiring off-street parking or loading. This area shall include accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the 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 sum of the gross horizontal areas of all floors measured in square feet, not including the basement floor, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building includes elevator shafts and stairwells on each floor, floor space used for mechanical equipment (except equipment - open or closed - located on a roof or in a basement), penthouses, attic space having headroom of seven feet 10 inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.
FOUNDATION
A properly engineered, permanently attached means of support meeting the manufacturers' installation requirements and all applicable building codes.
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, PRIVATE
An accessory building or space for the private use of the owner or occupant of a principal building to which the garage is an accessory use and for the storage only of not more than three motor-driven vehicles.
GARAGE, PUBLIC
Any building or premises other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE
Any building or premises used for the storage only of motor-driven vehicles pursuant to previous arrangements and not to transients and where no equipment, parts, fuel, grease, or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold. No commercial motor vehicle exceeding two tons' capacity shall be stored in any storage garage.
GRANDFATHERED
Exempt from a new law or regulation.
GREEN SPACE
An area of grass, trees, or other vegetation set apart for recreational or aesthetic purposes in an otherwise urban environment.
GYM
A building or part of a building with facilities for exercise and other forms of physical training.
HOME OCCUPATION
Any occupation carried on by a member of the immediate family residing on the premises, which meets all of the following conditions:
A. 
That the occupation is conducted within a dwelling and not in an accessory building;
B. 
That the occupation is clearly incidental and secondary to the principal use of the dwelling for dwelling purposes;
C. 
That only members of the immediate family residing on the premises may be employed;
D. 
That no stock-in-trade is kept or commodities sold, other than those made on the premises;
E. 
That samples may be kept but not sold on the premises;
F. 
That no mechanical equipment is used except such as may be used for purely domestic or household purposes;
G. 
That such occupation shall not require internal or external alterations or involve construction features not customary in a dwelling;
H. 
That not more than 25% of the floor area of one story of the dwelling is devoted to such home occupation;
I. 
That there is no evidence, other than the signs referred to in Subsection J below, that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; and
J. 
That the occupation is in compliance with Article XXVII, Signs.
HOSPITAL
An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, including inpatient care, and licensed by state law to provide facilities and services in surgery and obstetrics and general medical practice as well as of mental and nervous disorders.
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.
JUNK (OR SALVAGE) YARD
An area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk" or "salvage" yard includes an auto wrecking yard.
KENNELS, INDOOR
A building in which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted within the building itself.
KENNELS, OUTDOOR
A lot on which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted on the property itself.
LABORATORY
A place devoted to experimental study, such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.
LAUNDERETTE
A business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house.
LODGING HOUSE
A building that is the primary residence of the owner, where lodging is provided for compensation for not more than three persons not members of the family. "Lodging house" excludes establishments that offer short-term accommodations for transients such as hotels, motels, and emergency shelters.
LOT
A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter, and abutting on a public street or officially approved place.
LOT AREA, GROSS
The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river and/or public right-of-way.
LOT COVERAGE
The part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT LINE, FRONT
That boundary of a lot which is along an existing or dedicated public street or, where no public street exists, along a public way.
LOT LINE, REAR
That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.
LOT LINES
The lines bounding a lot, as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines of a lot, measured at the rear line of the required front yard.
LOT, CORNER
A lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135°.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines measured within the lot boundaries.
LOT, INTERIOR
A lot other than a corner lot or reversed corner lot.
LOT, RECORD OF
A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Marinette County, or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this chapter, and certified survey maps approved and recorded in the Register of Deeds Office of Marinette County.
LOT, REVERSED CORNER
A 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, SUBSTANDARD
A lot smaller than the minimum required acreage that has been recorded with the Register of Deeds prior to the adoption of this chapter.
LOT, THROUGH
A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.
LUMBERYARD
An area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products or firewood.
MANUFACTURED HOME
A factory-built home which shall comply, and bear a label or seal showing compliance, with 42 U.S.C. § 5401, as amended, commonly referred to as the "HUD code."
MINI WAREHOUSE
A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.
MOBILE HOME
Any factory-built home other than a manufactured home or modular home. The placement of mobile homes shall be governed by Article XXVIII of this chapter.
MODULAR HOME
A factory-built home certified as meeting state and local building codes applicable to site-built homes.
MOTEL
An establishment not a boardinghouse, no building of which exceeds more than two floors above ground, which provides lodging units to transients for compensation and at least one automobile parking space for each such unit.
NONCONFORMING STRUCTURES
A building or premises lawfully used, occupied or placed on January 4, 1955, or at the time any amendment to this chapter is adopted, which use, occupancy or placement does not conform to the regulations of this chapter or any amendments thereto.
NONCONFORMING USE
Any use of land or building which does not conform at the time of the adoption of this chapter or at the time any amendment to these zoning regulations is adopted to the regulations for the zoning district in which it is situated.
OUTLOT
A distinct parcel of land upon which only the following structures may be placed or constructed upon approval of the Plan Commission:
A. 
Commercial radio, television and communications towers with associated equipment buildings.
B. 
Utility services, i.e., electrical substations, gas transfer stations, sewerage lift stations and associated accessory structures.
PAWNBROKER/PAWN SHOP
A store that lends money in exchange for a valuable thing that they can sell if the person leaving it does not pay an agreed amount of money by an agreed time.
[Added 5-2-2023 by Ord. No. 2508]
PLANNED UNIT DEVELOPMENT
A planned unit development is a tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings.
PRIVATE CLUBS AND LODGES
A structure used to provide shelter for a private nonprofit, non-stock association of people meeting on a regular basis for a common purpose or purposes.
PROFESSIONAL OFFICE
The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession. When established in a residential district, a professional office shall be incidental to the residential occupation; not more than 25% of the floor area of only one story of a dwelling unit shall be occupied by such office; and one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of the occupant of the premises, shall be exhibited.
PUBLIC AIRPORT
Any airport which complies with the definition contained in § 114.002(18m), Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
PUBLIC UTILITY
Any person, firm, corporation, municipal department, or board duly authorized to furnish, and furnishing, under state or municipal regulations to the public electricity, gas, steam, communications, telegraph, transportation or water.
RECOVERY RESIDENCE
A broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems.
RESIDENTIAL ACCESSORY STRUCTURE
A permanent nonhabitable structure that is not served by a water supply or sewage system and is used incidental to residential buildings. Accessory structures include, but are not limited to, detached garages, screened and enclosed three-season (nonwinterized) porches/sunrooms, tool and lawn equipment storage sheds, covered entryways, gazebos, barns, etc. Open decks are accessory structures but do not count against the size limitation or quantity limitation.
RESTAURANT, CARRY-OUT
A restaurant designed and constructed to have the food consumed away from the restaurant.
RESTAURANT, DRIVE-IN
A restaurant designed and constructed where some or all of the food is consumed on the restaurant premises but outside the restaurant structure, usually within a motor vehicle parked on the restaurant premises.
RESTAURANT, SIT-DOWN
A restaurant designed and constructed for the consumption of food solely within the building.
ROADSIDE STAND
A structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises. No roadside stand shall be more than 300 square feet in ground area, and there shall not be more than one roadside stand on any one premises.
ROOF
The structure forming the upper covering of a building.
ROOMING HOUSE (PERMANENT)
Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more roomers who have no other permanent address.
ROOMING HOUSE (TRANSIENT)
Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more roomers who have permanent addresses elsewhere.
SATELLITE DISH ANTENNA
A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."
SELF-STORAGE UNIT(S)
See "mini warehouse." A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.
SETBACK
The minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.
SHOPPING CENTER
A commercial land development consisting of five or more architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.
SITE-BUILT HOME
A dwelling unit primarily constructed with labor and unassembled materials at its building site.
SPORTSMEN'S CLUB HOUSE
A structure used to provide shelter for a private nonprofit, non-stock association of people meeting on a regular basis for a common purpose associated with sports and/or sporting events or efforts.
STORAGE CONTAINER
Standardized reusable vessels that were originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having similar appearance to and similar characteristics of cargo containers.
STORY
That portion of a building included between the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 or more of its height above the grade shall be deemed a story for purposes of height regulation.
STORY, HALF
The space under any roof except a flat roof, which, if occupied for residential purposes, shall be counted as a full story.
STREET
All property dedicated or intended for public or private street purposes or subject to public easements therefor and 21 feet or more in width.
STREET LINE
A dividing line between a lot, tract or parcel of land and a contiguous street.
STREET RIGHT-OF-WAY LINE
The dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected, in or on the ground, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
TARP SHED
A metal, wood or plastic framed structure that has an exterior Covering of fabric, plastic, thin film or tarp type material designated to protect the contents of the structure for several days or several months. Tarp sheds may or may not have enclosed sides.
[Added 6-4-2024 by Ord. No. 2523]
TEMPORARY STRUCTURE
A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure. Outdoor advertising structures are included in this classification.
TOURIST CAMP
A tract or parcel of land, with or without buildings or other equipment, on which one or more camp cabins are located, or where temporary accommodations are provided for two or more automobile trailers or house cars, open to the public free or for a fee.
TRUCK DEPOT – DISPATCH, STORAGE, LOAD TRANSFER, REPAIR
A full-service trucking business for the storage, repair and dispatching of trucks and transfer of loads from one truck to another.
USE
The purpose land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.
VARIANCE
A modification of the specific regulations of this chapter in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
VISION CLEARANCE
An unoccupied 20-foot by 20-foot triangular space at the corner of a corner lot which is bounded by the street lines and a setback line connecting points determined by measurement from the corner of each street line.
VISION TRIANGLE
A triangular area at a street or driveway intersection in which nothing shall be erected, placed (including automobiles, trucks and other large vehicles or trailers), planted or allowed to grow in such a manner as to materially impede vision.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONT
A yard extending the full width of the lot between the front lot line and nearest part of the main building, excluding uncovered steps.
YARD, REAR
A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building, excluding uncovered steps.
YARD, SIDE
A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.

§ 465-319 Definitions specific to parking.

As used in this chapter, the following terms, when specific to parking, shall have the meanings indicated herein:
JOINT USE OF PARKING AREAS
Up to 50% of the parking spaces required for theaters, public auditoriums, bowling alleys, or night clubs, and up to 100% of the parking spaces required for churches or school auditoriums may be provided and used jointly by banks, savings and loans, offices, service establishments and similar uses not normally open, used or operated during the same hours as those listed above. In such event an easement to which the City shall be a third party shall be recorded with the deeds.
PARKING AISLE
An area within a parking facility intended to provide ingress and egress to parking spaces. Minimum 24 feet wide.
PARKING ON LOT
All parking spaces required herein shall be located within 400 feet of the parcel with the building or use served. One- or two-family residential parking must be on the same lot with the building or use served.
PARKING SPACE
An area not in a street or alley, and having dimensions not less than eight feet six inches by 20 feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.
PARKING SPACE FOR HANDICAPPED
Parking spaces designed to accommodate the handicapped shall be provided in accordance with § 346.50, Wis. Stats., subject to any amendments thereto.
VARIANCES
Variances may be granted in cases of hardship or practical difficulties by the Zoning Board of Appeals in accordance with the provisions of this chapter.
VISION TRIANGLE
A triangular area at a street or driveway intersection in which nothing shall be erected, placed (including automobiles, trucks and other large vehicles or trailers), planted, or allowed to grow in such a manner as to materially impede vision.

§ 465-320 Definitions specific to mobile homes.

As used in this chapter, the following terms when specific to mobile homes shall have the meanings indicated:
ACCESSORY STRUCTURE
Any structural addition to the mobile home which includes awnings, cabanas, carports, florida rooms, porches, ramadas, storage cabinets and similar appurtenant structures.
BASIC UNIT
The mobile home structure excluding hitch, awnings, cabanas, storage unit, carport, windbreak, nonwinterized porch or similar appurtenant structures.
DEPENDENT MOBILE HOME
A mobile home which does not have complete bathroom facilities.
LICENSEE
Any person licensed to operate and maintain a mobile home park under the provisions of this chapter.
LICENSING AUTHORITY
The city wherein a mobile home park is located.
MANUFACTURED HOME
See definition in § 465-318.
MOBILE HOME
(See definition in § 465-318.
MOBILE HOME PARK
A contiguous parcel of land according to the specifications of this chapter 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.
MOBILE HOME SPACE
The plot of ground within the mobile home park, designed and delineated by property physical identification, for the exclusive accommodation of one occupied mobile home.
NONDEPENDENT MOBILE HOME
A mobile home equipped with complete bath and toilet facilities, all furniture, cooking, heating, appliances, laundry facilities and complete year-round facilities.
OCCUPIED
For dwelling or sleeping purposes only.
PERSON
Any natural individual, firm, trust, partnership, company, association, corporation, whether tenant, owner, lessee.
UNOCCUPIED
For uses other than for dwelling or sleeping purposes.

§ 465-321 Definitions related to adult businesses.

As used in this chapter, the following terms specific to adult businesses shall have the meanings indicated:
ADULT BOOKSTORE
Any establishment which, as its substantial or significant course of conduct, presents "adult entertainment" for observation by patrons therein, or which, as part of its substantial or significant course of conduct, offers for sale, rent, trade, lease, inspection, or viewing books, films, video cassettes, magazines or other such media, which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified anatomical areas" or "specified sexual activities."
ADULT ENTERTAINMENT
Any exhibition of any motion picture, live performance, display, or dance of any type which has, as a substantial or significant portion of such performance, or is distinguished or characterized by an emphasis on any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.
ADULT ESTABLISHMENTS
Any premises, including but not limited to adult bookstores, adult motion-picture theaters and adult novelty stores, to which public patrons or members are invited or admitted that is substantially or significantly devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
Any establishment for the presentation of motion pictures at which a substantial or significant portion of the material presented is distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT NOVELTY SHOP
Any establishment which as its substantial or significant course of conduct offers for sale, rent, trade, lease, inspection, or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contraceptives or similar products of medical value that are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified anatomical areas or specified sexual activities.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola;
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A. 
Showing of human genitals in a state of sexual stimulation or arousal;
B. 
Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus;
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
SUBSTANTIAL
Factors influencing whether an activity or course of conduct is "substantial" include, but are not limited to:
A. 
Percentage of floor and display space used;
B. 
Percentage of inventory of merchandise and/or products;
C. 
Percentage of gross sales and profits; and
D. 
Other similar business indicators and data.

§ 465-322 Definitions related to signs.

As used in this chapter, the following terms specific to signs shall have the meanings indicated:
ERECT
To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of the sign structures.
FLASHING SIGN
Any illuminated sign on or in which the artificial light source is not constant in intensity and color whenever such sign is in use. Message signs, defined hereafter, are not flashing signs.
GARAGE SALE SIGN
Any sign containing advertising or information for the sale from a residential location of used household or recreational items, goods, equipment, or wearing apparel.
GREETING SIGN
Any sign the purpose of which is to issue a personal greeting or honor special occasions or events, such as, by way of illustration but not limitation, birthdays, anniversaries, welcome home, graduations, and baby arrivals.
GROSS SIGN AREA
The entire area within a single continuous perimeter enclosing such sign, not including any structural elements outside the limits of such sign not forming an integral part of the display. When two signs are positioned back to back and not more than 36 inches apart at one end, and not more than 12 inches apart at the other end, and display identical advertisements, the gross sign area shall mean only one of the sides. If the sign consists only of individual letters affixed directly to the wall of a building, only the area of the letters is counted as part of the gross sign area.
IDENTIFICATION SIGN
A sign which contains the name of a building resident, or the apartment name or manager, and the street number of a building. Unless otherwise indicated, "identification sign" means a nonilluminated identification sign.
ILLUMINATED SIGN
Any sign which emits or reflects artificial light either by means of exposed tubing or lamps lighting its surface or by means of light transmitted through the sign face. Message signs, defined hereafter, are not illuminated signs.
MESSAGE SIGN
A sign which emits artificial light and shows a message such as time, temperature, date, or other such information or advertisements.
NONCONFORMING SIGN
Any sign which was lawfully erected prior to the effective date of this chapter but which fails to conform to all applicable regulations and restrictions of this chapter.
OFF-PREMISES ADVERTISING SIGN
A commercial sign which directs the attention of the public to a business activity conducted or product sold or offered at a location not on the same premises where such commercial sign is located. For purposes of this chapter, easements and other appurtenances and noncontiguous parcels under the same ownership shall be considered off the premises of the parcel of land on which the business or activity is located or conducted.
POLITICAL SIGN
Any sign which advertises a candidate for public office or urges action on any other matter on an election ballot, but which is not affixed to a sign structure.
POSTER PANEL
A sign structure used for the purpose of posting advertising bills, posters, and painted signs, and includes signs commonly referred to as "billboards." Poster panels installed must be in accordance with this section and shall not exceed 300 square feet in gross sign area per panel. Only one double-faced sign shall be allowed per location, provided that the sides of the double-faced poster panel are located not more than 36 inches apart at the widest part and not more than 12 inches apart at the narrowest point. There shall be not less than 200 feet between any two poster panel locations measured along the center line of the road, and no such sign shall be located within 25 feet of any residentially zoned property. The vertical stacking of poster panels shall be prohibited. These are the minimum requirements. The Plan Commission may impose more stringent requirements or deny the request for a poster panel altogether through the special exception process.
SIGN
An emblem, name, identification, description, display, illustration, or statuary affixed to or appearing directly or indirectly upon a building, structure, or parcel of land, the purpose of which is to direct attention to an object, product, place, activity, person, institution, organization, or business, but "sign" shall not mean any display of public office or governmental notices, nor shall it mean the flag, emblem, or insignia of a nation, political unit, school or religious group. The designs, words or pictures appearing in or on any sign may be referred to in this chapter as the "advertisement."
SIGN STRUCTURE
Any structure or device which supports or contains the sign; a sign structure may or may not be an integral part of the building.
TEMPORARY SIGN
A sign that is not permanently attached to a building or the ground, and which is displayed for 30 days or less and removed for at least 30 days after the display period.