P Definitions
(Revised Ord. 2010-04, May 11, 2010)
For the purposes of this Chapter, the following definitions shall be used, unless a different definition is specifically provided for a section. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not permissive.
Abutting. Have a common property line or district line.
Accessory Building or Use.
Accessory Dwelling Unit. Accessory Dwelling Unit. A residential dwelling unit located on the same lot as a “Single-Family Detached Residence”, either as part of the same building as the “Single-Family Detached Residence” or in a detached building. One form of Accessory Dwelling Unit is commonly called a granny flat. An Accessory Dwelling Unit is different from an “In-Home Suite” in that an interior physical connection between the Accessory Dwelling Unit and primary “Single-Family Detached Residence” is not required for the former. Also, the Single-Family Detached Residence/Accessory Dwelling Unit combination is different from a “Two-Family Residence” because the former may be in separate buildings and because they are subject to different performance standards. No Accessory Dwelling Unit shall:
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.
Agent. The person designated by the owner of a bed and breakfast or tourist rooming house as the person in charge of such establishment and his name shall be filed in writing with the Building Inspector of the Village and the Village Clerk prior to issuance of a permit for operation and any change in agent shall require written notice delivered to the Village Clerk five (5) days prior to his effective appointment date.
Agriculture or Forestry Use. Any of the following activities conducted for the purpose of producing an income or livelihood: horticulture; keeping and grazing of livestock subject to other limitations in the Municipal Code; orchards; viticulture; aquaculture; vegetable gardens for food cultivation; peri-urban farms; crop or forage production; beekeeping; nursery, sod, or Christmas tree production; floriculture; forestry and the management of forests; enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land and conservation payment program; the sale of agricultural products grown on the site or on an adjacent property in common ownership. Does not include any uses of land otherwise defined under the “Agricultural-Related Use” land use category or any facilities intended to convert agricultural or forestry products to energy as a principal use and primarily serving entities outside the premises (e.g., ethanol plants, “solar farms”). Farm buildings housing animals, barnyards, and feed lots shall not be located in the floodplain, and shall be at least 300 feet from any navigable water or residential zoning district boundary.
Agricultural- or Forestry-Related Use. An area or facility that has at least one of the following as a primary and not merely incidental purpose: providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms; providing for the care, treatment, grooming, and/or boarding of farm and other large animals; storing, processing, or handling raw commodities obtained directly from farms or forestry operations; slaughtering livestock; marketing livestock to or from farms; processing agricultural or forestry by-products or wastes received directly from farms or forestry operations. Agricultural- or Forestry-related uses include, but are not limited to, agricultural or forestry implement sales, storage, and/or repair operations; feed and seed stores and storage facilities (except those accessory to an “Agricultural Use”); commercial raising of fish; fur farms; commercial stables; licensed farm auction operations; greenhouses and garden centers; orchard stores; agricultural waste and by-product disposal facilities (except those accessory to an “Agricultural Use”); commercial stables, grooming shops, animal shelters, and animal veterinary facilities serving farm and other animals larger than dogs; boarding kennels where dogs, cats, horses, or other animals are kept for 24 hours or more for boarding, training or similar purposes for compensation and/or including any outdoor kenneling provided that open animal structures shall not be located closer than 300 feet from a residential zoning district boundary; game farms or hunt clubs, excluding clubhouses with food and/or beverage services; lumber mills; de-barking operations; chipping facilities; farms regularly open for tours, demonstrations, hayrides, corn mazes, farm breakfasts, and other similar events. Not included within the “Agricultural- or Forestry-Related Use” land use category for purposes of this Chapter are facilities intended to convert agricultural or forestry products to energy as a principal use and primarily serving entities outside the premises (e.g., ethanol plants, “solar farms”); agricultural chemical dealers and/or storage facilities; commercial food processing facilities; and canning and other food packaging facilities, which are instead classified as industrial uses. Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises, and for the use of the occupants of the premises.
Alley. A public way not more than twenty-one (21) feet wide which affords only a secondary means of access to abutting property.
Apartment Unit. 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 as designated by the Wisconsin Department of Transportation.
Artisan and/or Music Studio. A building or portion thereof used for the preparation, display, and sale of individually crafted artwork, photography, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven sections, and related items, and occupied by no more than five artists or artisans. Also or alternatively may include space for music and other audio recording and performance. Uses occupied by more than five artists or artisans shall be considered a “Light Industrial” use. Studios that are accessory to a principal residential use of a property are not considered “Artisan Studio” uses, but are instead regulated as home occupations.
Automobile Laundry. An automobile laundry is a building or portion thereof containing facilities for washing automobiles using production-line methods with a chain, conveyor, blower, steam-cleaning device or other mechanical devices or any premises with a capacity of washing twenty (20) or more vehicles per eight (8) hour day.
Awning. An awning is a retractable, roof like cover, temporary in nature, which projects from the wall of a building.
Bed and Breakfast Establishment. Any place of indoor lodging that provides four (4) or fewer rooms for rent for more than ten (10) nights in a twelve (12) month period, is the owner's primary personal residence, is occupied by the owner or his designated agent at the time of rental and in which the only meal served to guests is breakfast. Occupancy of each room shall be limited to not more than two (2) adults.
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.
Block. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, bulkhead lines or shorelines of waterways.
Boarding House. A building other than a hotel, motel, Bed and Breakfast, Tourist Rooming House, Multi-family Residence, or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three (3) or more persons not members of a family, but not exceeding twelve (12) persons and not open to transient customers. Also commonly referred to as a "rooming house."
Brewpub. A land use that is accessory to a restaurant or tavern use, produces less than 10,000 barrels of beer per year, is permitted under Section 125.295, Wis. Stats., and where beer is primarily produced for on-site consumption
Buildable Lot Area. The portion of a lot remaining after required yards have been provided.
Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
Building, Completely Enclosed. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
Building Coverage. The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross-section of a building or buildings.
Building, Detached. A building surrounded by open space on the same lot.
Building Height. The vertical distance from the curb level or the approved ground level opposite the center of the front of a building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean-height level between eaves and ridges of a gable, hip or gambrel roof.
Building, Principal. A building in which the principal use of the lot on which it is located is conducted.
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.
Bulk. The term used to indicate the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another and includes the following:
Business. An occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
Campground. A parcel of land designed, maintained, intended, or used for the purposes of providing a location for two or more camping units (e.g., tents, cabins, RV sites) and designed and approved for overnight accommodation. A campground may be the sole principal use of a property, or part of a range of principal uses on a property (e.g., a component of a park, school forest, or other recreational facility).
Channel. Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
Clinic, Medical and Dental. A building(s) in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. The clinic may include an accessory dental or medical laboratory. It shall not include in-patient care or operating rooms for major surgery.
Commercial Indoor Lodging. Includes land uses that provide overnight housing in more than four (4) individual rooms or suites of rooms, each room or suite having a private bathroom, including hotels and motels. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to non-lodgers are not considered accessory uses and therefore require review as a separate principal land use. This land use category does not include “Bed and Breakfast” or “Tourist Rooming House”, or “Boarding House” uses, which are instead listed and regulated separately.
Common Wall Construction Dwelling. A residential building that is built over a lot line, where walls separating occupancy units follow lot lines, such as a duplex or townhouse, and subject to the following standards:
Club or Lodge, Private. A non-profit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a Board of Directors, Executive Committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. Where properly licensed under existing Village ordinances, the consumption of intoxicating beverages by, members of such club or lodge or their guests may be permitted.
Communications Tower. Includes all free-standing or structure-mounted broadcasting, receiving, or relay structures, and similar land uses; and any office, studio, or other land uses directly related to the function of the tower. Shall be subject to all rules and municipal regulatory allowances provided under Wisconsin Statutes. See land use descriptions and regulations associated with “Small Communication or Energy Devices,” regulated as accessory uses later in this Section, where, unlike communications towers, the communications use is more narrowly focused and clearly incidental to the principal use on the site.
Community Living Arrangement. The following facilities licensed or operated or permitted under the authority of the Wisconsin State Statutes: Child welfare agencies under Section 48.60, group foster homes for children under Section 48.02(7m) and community-based residential facilities under Section 50.01, but does not include Group Day Care Centers, convalescent and 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 State Statutes, including Sections 46.03(22), 59.69(15), 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
Conditional Use. A use of land which, while appropriate for inclusion within a given district, possesses a high likelihood of creating problems with regard to nearby parcels of land or the occupants thereof and which are, therefore, permitted only subject to compliance with criteria specified in this Chapter and/or the fulfillment of conditions which effectively insure that no such problems will be created.
Conforming Building or Structure. Abuilding or structure which:
Conservation Standards. Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Dane County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.
Controlled Access Arterial 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.
Convalescent Home and Nursing Home. A facility for the aged, infirm, chronically ill or incurable persons in which five (5) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation but not including hospital clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
Curb Level. The level of the established public street curb in front of such building measured at the center of such front.
Detached Accessory Structure. Includes detached residential garages, carports, and hoop sheds designed primarily to shelter parked passenger vehicles; utility sheds used primarily to store maintenance and other equipment for the same property; private recreation structures such as gazebos, and detached elevated decks or walkways. Also includes boathouses abutting the waterway, provided the structure does not have a kitchen or built-in cooking facility and is not utilized for overnight stay. Subject to regulations in Article K.
Development. Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or 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. A type of zoning district superimposing certain additional requirements or allowances upon a base/underlying zoning district. In the instance of conflicting requirements, the stricter of the conflicting requirements shall apply.
Drive-In or Drive-Through Sales or Service. Includes all land uses that perform sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity (except “Outdoor and Vehicle Repair and Maintenance” land uses, which are separately listed and regulated). Also includes land uses that conduct sales from a vehicle such as a food truck or trailer (or any other structure for an outdoor food vendor) in one place for more than 120 consecutive days. Examples include drive-in, drive-up, and drive-through facilities in conjunction with another principal use (like a bank or restaurant), vehicular fuel stations, food trucks/trailers, and all forms of car washes, including automobile laundries and self-service car washes.
Dwelling. A building or part of a building containing one (1) or more dwelling units and also containing other directly associated elements such as hallways, storage areas or common laundry facilities. For purposes of this Chapter, this term does not include group lodging facilities.
Dwelling, Attached. A dwelling separated from another dwelling unit and not having any portion of any roof, wall or floor in common with another dwelling unit.
Dwelling, Detached. A dwelling which is entirely surrounded by open space on the same lot.
Dwelling Unit. An area within a dwelling that is designed, occupied or intended to be occupied by a family (or by a non-family household) as permitted by this Chapter as separate living quarters with private kitchen, sanitary, sleeping and living quarters within the unit.
Eating Place. Establishments primarily engaged in the retail sale of prepared food and drinks for consumption on the premises. Caterers and institutional food service establishments are included. The term shall not apply to churches, religious, fraternal, youths' or patriotic organizations, service clubs and civic or union organizations which occasionally prepare or serve or sell meals to transients or the general public, nor shall it include any public or private school lunchroom.
Efficiency Unit. A dwelling unit consisting of one (1) principal room exclusive of bathroom, kitchen, hallway, and closets.
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, storm water 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.
Establishment, Business. A place of business carrying on operations which are physically separate and distinct from those of any other place of business located on the same zoning lot:
Family. An individual or group of two (2) or more individuals who are related by blood, marriage or adoption, together with not more than four (4) additional persons not so related, living as a single household in a dwelling unit. For purposes of this Chapter, family includes "non-family households."
Family Day Care Home (4-8 Children). An occupied residence in which a qualified person(s) provides child care for four (4) to eight (8) children. Does not include a child provided care by his or her legal guardian or his or her parent, grandparent, great-grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption. Family Day Care Homes shall not be considered “home occupations” for purposes of this Chapter. The care of fewer than four (4) children is not subject to the regulations of this Chapter.
Farmstead. A single-family residence located on a parcel of land, which primary land use is associated with agriculture.
Floor Area. The sum of the gross horizontal areas of the several floors of the building, or buildings, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for the purpose of measurement for off-street parking spaces shall not include:
Freight Terminal, Commodity Trucking or Distribution Center. Lands and buildings representing (a) either end of one or more truck carrier line(s) principally serving several or many businesses, (b) a farm or forestry commodity trucking operation, which is a type of freight service devoted primarily to movement of locally produced agricultural or forestry products principally serving one or more farms or lumber operations, or (c) short-term indoor storage and possible repackaging and reshipment of the materials and products of a single user. Such uses typically have frequent and heavy trucking operations, large yards, extensive docks, indoor and outdoor storage, large buildings, freight stations, and/or on-site truck maintenance, repair, and weighing facilities.
Frontage. All the property butting on one (1) side of a street between two (2) intersecting streets or all of the property abutting on one (1) side of a street between an intersecting street and the dead end of a street.
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, and/or repairing, motor vehicles.
Group Day Care Center. A land use in which licensed persons and facilities provide child care services for nine (9) or more children, such as day care centers, pre-schools, and nursery schools. Such land uses may be operated in conjunction with another principal land use on the same site, such as a church, primary school, business, or civic organization.
Group Foster Home. Any facility operated by a person required to be licensed by the State of Wisconsin under State Statute Section 48.62 for the care and maintenance of five (5) to eight (8) foster children.
Group Lodging, Facilities. Buildings or parts of buildings designed, occupied or intended to be occupied as living quarters on a basis other than as a dwelling unit.
Guest, Permanent. A person who occupies or has the right to occupy on a monthly or longer basis a hotel or apartment hotel accommodation as his domicile and place of permanent residence.
Heavy Industrial. Industrial facilities at which operations have one or more of the following characteristics: conducted partially or wholly outside of an enclosed building (not including loading/unloading operations or solar or wind farms); associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line; and/or involving materials that pose a significant safety hazard (such as danger of explosion). Examples of “Heavy Industrial” land uses include manufacturing operations related to printing and publishing, industrial machinery and equipment, dairy products, plastic materials and synthetics, fabricated metal products, furniture and fixtures, instruments and related products, and medicinal chemicals and biological products; laboratories, research, development and testing, and manufacturing and fabrication in conjunction with such research and development and operations; slaughter houses; tanneries; primary meat processing and fish processing; cabbage processing; alcoholic beverage producers other than breweries and wineries; paper, pulp, or paperboard producers; chemical and allied product producers (except drug producers); petroleum and coal product producers; asphalt, concrete, or cement producers; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; auction yards; and recycling facilities not involving the on-site storage of salvage materials.
Home Occupation. A gainful occupation conducted by members of the immediate family residing on the premises and not more than one (1) other individual; conducted within their dwelling and not in an accessory building (except by conditional use permit), provided that no article is sold or offered for sale on the premises except such as is produced for such occupation, that no stock in trade is kept. or sold except for what is made on the premises, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that such occupation shall not require internal or external alterations or involve construction features not customary in a dwelling, that not more than twenty-five percent (25%) of the floor area of the dwelling is devoted to such home occupation, that not more than 15 vehicle trips per day including those serving principal dwelling use are generated, that no sign other than one unlighted name plate not more than one (1) foot square is installed.
Hotel. A facility containing sleeping rooms with private or semi-private bathroom facilities offered overnight lodging to the public for compensation and catering primarily to the traveling public. A hotel shall offer services such as maid, telephone, desk and vending services. It may offer a restaurant, recreational facilities and meeting facilities.
Household. A family or non-family group living in a non-transient manner in a single dwelling unit.
Indoor Commercial Entertainment and Dining. Includes all uses that provide dining, drinking, and/or entertainment services within an enclosed building. Such land uses include restaurants; lunch rooms and other eating places, except drive-in type establishments; cafes; coffee shops; taverns; brewpubs; movie theaters, not including drive-in theaters; theaters; health or fitness centers; indoor swimming pools (not including those in schools); dance, art, martial arts, and other forms of training studios; bowling alleys; arcades; roller rinks; indoor shooting ranges; and pool halls. May include an outdoor service area not exceeding the indoor floor area. Uses that serve alcohol outdoors must also meet requirements associated with the “Outdoor Alcohol Area” land use. Does not include any “Microbeverage Production Facility” or “Sexually-Oriented Business,” which instead are listed and regulated separately.
Indoor Institutional. Indoor community facilities, such as libraries, museums, offices of governmental agencies, municipal buildings, fire stations, post offices, municipal parking lots, funeral homes, community centers, schools, churches, other religious institutions; the offices, meeting places and premises of private clubs and lodges; religious organizations; charitable organizations; or other nonprofit membership organizations, medical and dental clinics, and similar land uses, but not including any fitness center, auditorium, hospital, jail, prison, or similar use. Shall not exceed 5,000 square feet in floor area in any residential zoning district.
Indoor Sales Incidental to Storage or Light Industrial Land Use. Includes any retail sales activity conducted exclusively indoors that is incidental to a principal land use such as warehousing, wholesaling, or any “Light Industrial” land use on the same site.
Indoor Sales or Service. Includes all land uses, except as otherwise separately listed in this Section, which conduct or display sales or rental merchandise or equipment, or that conduct non-personal or non-professional services, entirely within an enclosed building. This includes a variety of retail stores and commercial service uses including department stores; variety stores; general merchandise stores; general grocery stores; supermarkets; fruit and vegetable stores; meat and fish stores; miscellaneous food stores; candy, nut or confectionary stores; dairy products stores, including ice cream stores; paint, glass, and wallpaper stores; hardware stores; retail bakeries (but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery); clothing and shoe stores (not including repair); furniture, home furnishings, and floor covering stores; antique stores and secondhand stores; sporting goods stores; book stores; liquor stores; stationary stores; jewelry and clock stores; camera and photographic supply stores; print and copy shops; gift novelty and souvenir shops; florist shops; tobacco and smoker’s supplies stores; news dealers and newsstands; retail laundry and dry cleaning outlets, including coin-operated laundries and dry cleaning establishments, commonly called laundromats; tailor shops; dressmakers’ shops; computer shops and computer services shops; not otherwise listed in this Chapter, along with self-service facilities such as coin-operated laundromats. Display of products outside of an enclosed building shall be considered an “Outdoor Display Incidental to Indoor Sales” accessory use, or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an “Outdoor Display” second principal land use of the property. Sales or service uses that are accessory to a principal residential use of a property are not considered “Indoor Sales or Service” uses, but are instead regulated as home occupations.
Indoor Repair and Maintenance. Includes all land uses, except as separately listed, that perform repair and maintenance services for consumer products and contain all operations (except loading) entirely within an enclosed building, including electronics, mechanical, and small engine repair service businesses, and other miscellaneous repair shops and related services. Includes the service, repair, testing, and demonstration or other use of radios, television sets, high-fidelity sound equipment, electronic amplifiers, stereophonic sound systems, musical instruments, and other such devices. Also includes the service, repair, testing, demonstration or other use of piston-type engines or motors, or any type of device, appliance or equipment operated by such engines or motors. Also includes the service, repair, testing, demonstration or other use of motor-driven bicycles, commonly called motorbikes. Also includes the servicing, repairing, testing, demonstration, or other use of electrical household appliances, including refrigerators, freezers, air conditioners, washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar household appliances, and upholstery and furniture repair. Also includes garment repair shops and watch, clock, and jewelry repair services. Because of outdoor vehicle storage requirements, all vehicle repair and maintenance uses shall instead be regulated as “Outdoor and Vehicle Repair and Maintenance” uses.
Indoor Storage or Wholesaling. Uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading berths and parking spaces, such land uses are contained entirely within an enclosed building. Examples include warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated.
Institutional Residential. Includes age-restricted senior housing, retirement homes, assisted living facilities, convalescent and nursing homes, hospices, group homes, convents, monasteries, dormitories, convalescent homes, limited care facilities, rehabilitation centers, rest homes, homes for the care of children, homes for the care of the indigent, and similar land uses not considered to be Community Living Arrangements under Wisconsin Statutes 62.23.
Intermediate Day Care Home (9 - 15 Children). An occupied residence in which a qualified person(s) provides child care for nine (9) to fifteen (15) children. Does not include a child provided care by his or her legal guardian or his or her parent, grandparent, great-grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption. Intermediate Day Care Homes shall not be considered “Home Occupations” for purposes of this Chapter.
In-Home Suite. An area within a “Single-Family Detached Residence” dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas. A permanent interior, non-locking access way between the habitable area of the principal dwelling and the In-Home Suite is required. A separate outdoor access to a shared garage may be provided. Distinguished from an “Accessory Dwelling Unit,” which is a separately listed and regulated land 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.
Junk Yard or Salvage Yard. Any land or structures used for a salvaging operation including but not limited to the storage, purchase, sale, exchange, baling, packing, recycling, and/or disassembling of waste paper, rags, scrap metal, tires, bottles, and any other discarded materials; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Facilities involving on-site outdoor storage of salvage materials and auto wrecking yards are included in this land use. A "junk yard" is an open area where waste or scrap materials are, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.
Kennel, Animal. An animal kennel is any premises, or portion thereof, where dogs, cats and other household pets are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
Light Industrial. Industrial facilities and contractor shops at which all operations (with the exception of fully screened outdoor storage and loading operations) are conducted entirely within an enclosed building or via a permanent structure such as a solar panel or wind turbine; are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line (except for a smokehouse); do not pose a significant safety hazard (such as danger of explosion); and comply with all of the performance standards listed for potential nuisances in this Chapter. Breweries, distilleries, wineries, and coffee roasters that fail to meet one or more performance standards of the “Microbeverage Production Facility” land use are considered “Light Industrial” uses. Indoor aquaculture uses, which include the farming of aquatic organisms (plants and animals) under controlled conditions that utilize recirculating (closed) system technology (including aquaponics), are considered “Light Industrial” uses. Crematoriums shall be considered “Heavy Industrial” uses, except where accessory to a funeral home. Primary food processing activities involving the processing of cabbage, fish and fish products, and meat products shall be considered and regulated as “Heavy Industrial” land uses; smokehouses not also involving these activities shall be regulated as “Light Industrial” uses.
Light Industrial Activities Incidental to Indoor Sales or Services. Any “Light Industrial” use conducted exclusively indoors that is incidental to another principal land use such as “Indoor Sales or Service” land use on the same site.
Living Area Floor Area. (rev. 7/01) Living area floor area shall be measured at each level from center of wall to center of wall, but for the purpose of determining minimum required floor area shall not include basements not used for living purposes, attached garages, open porches, or attics and other storage areas having an average height of less than seven (7) feet. In a split level building the first floor level shall include all area which is not over another living area of the building. Basements used for living purposes shall be included in determining permitted living area floor area. Living areas shall meet the requirements of the Uniform Dwelling Code for second exits; windows used for second exits shall be at grade level.
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.
Lot. A parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Code as pertaining to the district wherein located.
Lot Area. The area of a horizontal plane bounded by the front, side and rear lot lines.
Lot, Corner. A lot of which at least two (2) adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than one hundred thirty-five (135) degrees.
Lot Coverage (Residential). The area of a lot occupied by the principal building or buildings and accessory building.
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, Depth. The lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
Lot, Double Frontage. (rev. 6/97) A parcel of land, other than a corner lot, with frontage on more than one (1) street or with frontage on a street and a navigable body of water. On a double-frontage lot, both street lines shall be deemed front lot lines. (See Illustration No. 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 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 Line, Front. The front lot line, in the case of a lot abutting upon only one (1) street, shall mean the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this Chapter, have the privilege of electing any street lot line the front lot line, providing that such choice, in the opinion of the Zoning Administrator, will not be injurious to the existing, or to the desirable future development of the adjacent properties.
Lot Line, Rear. (rev. 10/02) The rear lot line shall mean that lot line which is opposite the most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and most distant from the front lot line shall be considered to be the rear lot line for the purpose of determining depth of rear yard. The cases where none of these definitions are applicable, the Zoning Administrator shall designate the rear lot line.
Lot Line, Side. A side lot line shall mean any lot line not a front lot line or a rear lot line.
Lot Lines. The property lines bounding the lot.
Lot Lines and Area. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
Lot of Record. A lot which is part of a subdivision or a certified survey map which has been recorded in the Office of the Register of Deeds of Rock County or a parcel of land, the deed to which was recorded in the Office of said Register of Deeds prior to the effective date of this Chapter. Any lot or parcel of land created through a violation of any other applicable laws or ordinances of the State of Wisconsin and the Village of Marshfield shall not, in this instance, be considered a lot of record.
Lot, Reversed Corner. A reversed corner lot is 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 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 areas or other open space provisions of this Code as pertaining to the district wherein located.
Lot, Through. A lot which has a pair of opposite lot lines along two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
Lot, Width. The horizontal distance between the side lot lines of a lot, measured at right angles to the lot depth, said measurement to be made at the rear line of the required front yard.
Lot, Zoning. A single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.
Manufactured Home. A structure that is designed to be used as a dwelling that is certified by the Department of Housing and Urban Development as complying with the standards under 42 USC 5401 to 5425.
Microbeverage Production Facility. A type of beer, wine, spirits, or coffee production facility that produces limited amounts of product per year, and often includes a tasting or tap room and on-site purchase of beer and related products, including gifts and food. Includes microbreweries, microdistilleries, microwineries/small wineries, and microroasteries/small batch roasters that meet the following performance standards. In the event such a use exceeds one or more of the following performance standards, either at time of commencement or via growth, it shall instead be considered a “Light Industrial” land use. Brewpubs are regulated separately as an “Indoor Commercial Entertainment and Dining” use.
Minor Structures. Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four (4) feet in height.
Mobile Home. A manufactured home in accordance with the ANSI Code (American National Standards Institute) that is certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. All said homes shall bear the proper approved Wisconsin insignia as required by the Wisconsin Administrative Code, ILHR 20.12-20.17. A mobile home is a transportable structure, being eight (8) 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. A mobile home is not deemed a mobile home if the assessable value of additions, attachments, annexes, foundations and appurtenances equals or exceed fifty percent (50%) of the assessable value of the mobile home. The term "mobile home" shall not include a factory-built structure meeting the following requirements:
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 manufactured and/or 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 parks are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to mobile home subdivisions without common open space or continuing management.
Mobile Home Subdivision. A land subdivision, as defined by Chapter 236 of the Wisconsin Statutes and any Village Land Division Ordinance with lots intended for the placement of individual manufactured or mobile home units conveyed by deed to individual owners as opposed to a rental arrangement.
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, commercial, educational or industrial purposes.
Motel. A facility offering services of a hotel but where the sleeping rooms are physically arranged so that most have access to outside, adjacent parking areas without passing through the lobby.
Multi-Family Residence. A single building containing three or more individual attached dwelling units that take access from a shared entrance or indoor hallway. “Townhouses”, “Institutional Residential Uses” including age-restricted senior housing, and “Boarding Houses” are regulated separately.
Nameplate. A nameplate is a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
Nonconforming Building or Structure. A nonconforming building or structure is any building or structure which does not comply with all of the regulations of this Chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
Nonconforming Use. Any use of land, buildings or structures which does not comply with all the regulations of this Chapter or of any amendment hereto governing use for the zoning district in which such use is located.
Nonresidential District. One of the following zoning districts: B-C, B-G, B-H, B-P, M-I, A-G, P-R, INT.
Non-family Households. A group of individuals not exceeding five (5) in number who do not constitute a "family" as defined herein and who live as a single household in a dwelling unit.
Non-Metallic Mineral Extraction. Any land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Wisconsin Statutes may limit Village regulation of non-metallic mineral extraction operations associated with projects completed by the Wisconsin Department of Transportation.
Nursery School. A facility licensed as a day care center by the State of Wisconsin where a person or persons provide for compensation and/or consideration for service, group care for four (4) or more children under seven (7) years of age, for less than twenty-four (24) hours a day at a location other than the child's own home or the homes of relatives or guardians.
Off-Site Parking. Includes any areas used for the temporary parking of vehicles that are fully registered, licensed, and operative.
Office. Includes all exclusively indoor land uses whose primary functions are the handling of information, administrative services, or both, generally with little direct service to customers on-site. Office uses that are accessory to a principal residential use of a property are not considered “Personal or Professional Service” uses, but are instead regulated as home occupations under this chapter.
Outdoor Alcohol Area. Areas where the service and/or consumption of alcohol outside of the principal structure is allowed, generally associated with an approved “Indoor Commercial Entertainment and Dining” use such as a restaurant, tavern, bar, and/or live music venue, but possibly also certain “Indoor Institutional” uses and other land uses. Examples of Outdoor Alcohol Areas include, but are not limited to, beer gardens, and outdoor dining and recreational areas (e.g., volleyball courts) that allow the consumption of alcohol.
Outdoor Commercial Entertainment. Includes all uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks, and shooting ranges. Uses that serve alcohol outdoors are classified and regulated as an “Outdoor Alcohol Area Accessory to Indoor Commercial Establishments.” Does not include any “Sexually-Oriented Business,” which instead are listed and regulated separately.
Outdoor Display. Includes all land uses, except as otherwise separately listed in this Article, which conduct sales or display sales or rental merchandise or equipment outside of an enclosed building. Examples include outdoor vehicle or motor craft sales, outdoor vehicle or motor craft rental, manufactured home sales, monument sales, sales of trailers, mobile homes, or campers, daily or extended-term rental or leasing of house trailers, mobile homes, or campers, daily or extended-term rental or leasing of passenger automobiles, limousines, or trucks, without drivers, or of truck trailers or utility trailers, and outdoor sales yards associated with a retail use that exceed the size threshold below (as a second principal use on the property). Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a “Junkyard or Salvage Yard” use. If only a limited amount of outdoor area (less than 15 percent of the total building floor area on the site) is used for display of product outside of an enclosed building, such use shall instead be considered an accessory use under “Outdoor Display Incidental to Indoor Sales” accessory use listing below.
Outdoor Display Incidental to Indoor Sales or Service. Any “Outdoor Display” use as defined above that does not exceed 15 percent of the total floor area of all buildings on the site.
Outdoor Public Recreation. A land use that includes all recreational land uses located on public property or public easement. Such land uses include play courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses, arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails/bridle paths, open grassed areas, picnic areas, picnic shelters, fishing areas, and similar land uses.
Outdoor Institutional. Includes cemeteries, country clubs, and similar institutional land uses where most or all activities are conducted outdoors.
Outdoor Solid Fuel Furnace. An outdoor accessory structure designed to heat air or water through a fire and then transmit that heated air or liquid to a different structure for direct use and/or structural heating.
Outdoor Storage or Wholesaling. Uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses, and where any activity beyond loading and parking is located outdoors. Examples of include contractors’ outdoor storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a “Junkyard or Salvage Yard” use, which is separately listed and regulated.
Outdoor and Vehicle Repair and Maintenance. Includes all land uses, except as separately listed in this Section, which perform maintenance services (including specialized automotive repair, electrical, battery, and ignition repair, radiator repair, glass replacement and repair, carburetor repair, wheel alignment services, installation of tires, batteries, mufflers, or other automotive accessories) and have all, or any portion (beyond simply loading) of their operations located outside of an enclosed building. Also includes all businesses that repair or maintain motor vehicles designed for road use and brought in from off-site, including motorcycles, motorized bicycles, go-karts, snowmobiles, aircraft, watercraft, and other motorized vehicles.
Parking Lot. A structure or premises containing five (5) or more parking spaces open to the public.
Parties in Interest. Includes all abutting property owners, all property owners within one hundred (100) feet of a property subject to a proposal under this Chapter.
Personal or Professional Service. Exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples include professional services; banks, insurance or financial services; offices of real estate agents, brokers, managers, and title companies; photographic studios and commercial photography establishments; barber shops, beauty shops, and hairdressers; advertising agencies, consumer credit reporting, news agencies, and employment agencies; law offices; engineering and architectural firms or consultants; accounting, auditing, and bookkeeping firms or services; professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations; telephone and telegraph offices; and small animal veterinary clinics. Veterinary clinics catering to animals larger than domestic dogs and/or requiring outdoor kennels shall be regulated as “Agricultural- and Forestry-Related Uses.” Service uses that are accessory to a principal residential use of a property are not considered “Personal or Professional Service” uses, but are instead regulated as home occupations.
Personal Storage Facility. Includes indoor storage of items entirely within partitioned buildings with individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as “mini-warehouses.”
Public Service or Utility. Includes all municipal, county, state and federal facilities (except those separately addressed in this Section, like libraries); emergency service facilities such as fire departments and rescue operations; wastewater treatment plants; public and/or private utility substations; water towers; utility and public service related distribution facilities; essential service structures, including but not limited to buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, and similar land uses. Facilities that generate power that is primarily for off-site distribution and use, including solar fields and wind farms, shall be regulated as “Heavy Industrial” uses, to the extent allowed under applicable state and federal law.
Public Way. Any sidewalk, street, alley, highway or other public thoroughfare.
Railroad Right-of-Way. A strip of land containing railroad tracks and customary auxiliary facilities for only track operation. For the purpose of this Chapter, a railroad right-of-way does not include land used or intended to be used for switching, spur, lead, team or siding tracks, freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, car yards or classification yards.
Reservoir Parking Space. Those off street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
Retail. The sale of goods or merchandise in small quantities to the consumer.
Roadside Stand, Seasonal. A temporary structure which is not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. No roadside stand shall be more than three hundred (300) square feet in ground area and there shall not be more than one (1) roadside stand on any one (1) premise.
Row House. See definition of “Townhouse Residence”.
Screening. A hedge, wall or fence to provide a visual separator and physical barrier not less than four (4) feet nor more than six (6) feet in height, unless otherwise provided for in this Chapter.
Setback. (rev. 6/97) 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.
Sexually-Oriented Business. Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specific sexual activities or specified anatomical areas, or the removal of articles of clothing to appear totally nude or to display a nude genital area or female nude breasts. Also, an adult bookstore having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, CDs, SD cards, flash drives, internet connection, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specific anatomical areas, and in conjunction therewith have facilities for the presentation of adult-oriented films, movies or live performances, for observation by patrons.
Side Yard. (rev. 6/97) 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. Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which 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.
Single-Family Detached Residence. A dwelling unit designed for and occupied by not more than one family or non-family household and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be a site built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), a manufactured dwelling (modular home) as permitted by the UDC, or a manufactured home that has received a Federal Manufactured Housing Certificate label. In the A-G district, the only type of permitted Single-Family Detached Residence is a farmstead, as defined elsewhere in this Section.
Small Exterior Communication or Energy System. Equipment designed to facilitate personal communication to or from a premises, or to generate energy primarily for on-premise use. Such communication equipment does not include “communication towers” as separately described and regulated in this Chapter, and includes antennas of 15 feet in height or less as measured from the highest part of the ground or roof to the top of the antenna, satellite dishes with a diameter of 20 inches or less, and other similarly small-scale equipment. Such energy generating equipment includes solar, wind, and geothermal energy systems that convert energy from the sun, wind, or earth into usable thermal, mechanical, chemical, or electrical energy, where such energy system is accessory to the principal use of the parcel, and primarily supplies energy to such principal use. Also includes electrical generators designed for home use. Does not include any outdoor solid fuel furnace, which are prohibited in the Village.
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 fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. A basement having one-half (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 (2) opposite exterior walls, are not more than four and one-half (4-1/2) feet above the finished floor of such story. In the case of one (1) family dwellings, two (2) family dwellings and multi-family dwellings less than three (3) stories in height, a half (1/2) 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 serves as a principal means of access to abutting property.
Street Yard. (rev 6/97) 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 (2) street yards. (See Illustration No. 1).
Structural Alterations. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
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.
Substandard Lot. A legally created lot of record that met any applicable lot area of width requirement when it was created but does not meet the current minimum lot area or width of the zoning district where it is located; also referred to as a “nonconforming lot.”
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.
Tourist Rooming House. A use of a dwelling where sleeping accommodations are offered for pay to tourists or transients for fewer than 30 consecutive days per tourist or transient. Must be licensed by the State and have a designated agent. Owner or agent shall provide a copy of such State license and a sales tax number to the Zoning Administrator at time of initial receipt, and thereafter as may be requested. The appearance of the dwelling shall not be altered or operated in a manner that would cause the premises to differ in appearance from a typical dwelling. Commercial lodgings consisting of structures with rentable rooms or suites shall instead be regulated as a “Commercial Indoor Lodging” use (or if a room in a residence operated by the primary resident, a “Bed and Breakfast”). Also, does not include any “Boarding House,” which is described and regulated separately. Any restaurant, arcade, fitness center, and other on-site facility available to non-lodgers is not considered an accessory use and therefore requires review as a separate principal land use.
Townhouse Residence. A single building containing three (3) to eight (8) horizontally attached dwelling units, with each unit having a private, individual exterior access and sharing at least one common wall with an adjacent dwelling unit. Townhouse residence buildings have no common hallways between units, except within any Village-approved indoor parking area. Also referred to as a rowhouse.
Trailer. A trailer is any structure which is or may be mounted upon wheels for moving about and is propelled by its own or drawn by other motive power and which is used as a dwelling or as an accessory building or structure in the conduct of a business, trade or occupation or issued for hauling purposes.
Two-Family Residence. A single building containing two separate dwelling units, each unit having a private individual exterior access, and with no shared internal access within the building. Two-Family Residences may be attached side-by-side units each with a ground floor and roof (duplex) or two-story buildings with one unit above the other (flats).
Usable Open Space. That part of the ground level of a zoning lot, other than in a required front or corner side yard, which is unoccupied by principal or accessory buildings, service driveways, off-street parking spaces and/or loading berths and is obstructed to the sky. This space of minimum prescribed dimensions shall be available to all occupants of the building and shall be usable for greenery, drying yards, recreational space and other leisure activities normally carried on outdoors. Where and to the extent prescribed in these regulations, balconies and roof areas designed and improved for outdoor activities may also be considered as usable open space. Ground level for this purpose may include open terraces above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
Use. The purpose or activity, for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
Use, Accessory. A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
Use, Conditional. A use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this Chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted as presented or with conditions.
Use, Permitted. A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements and regulations of such district in which such use is located.
Use, 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.
Waste Disposal, Composting, and/or Recycling Facility. Any use devoted to the collection and disposal of solid and sanitary wastes, organic materials for composting, and recycled materials, including those solid wastes as defined by Section 289.01(33), Wis. Stats.
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 considered the front yard, except where otherwise designated by the Zoning Administrator.
Yard, Rear. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
Yard, Side. That part of the yard lying between the main building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
Zero Lot Line. See definition of “Common Wall Construction Dwellings”.
Zoning Permit. A permit issued by the Zoning Administrator to certify that the use of lands, structures, air and waters subject to this Chapter are or shall be used in accordance with the provisions of said Chapter.
P Definitions
(Revised Ord. 2010-04, May 11, 2010)
For the purposes of this Chapter, the following definitions shall be used, unless a different definition is specifically provided for a section. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not permissive.
Abutting. Have a common property line or district line.
Accessory Building or Use.
Accessory Dwelling Unit. Accessory Dwelling Unit. A residential dwelling unit located on the same lot as a “Single-Family Detached Residence”, either as part of the same building as the “Single-Family Detached Residence” or in a detached building. One form of Accessory Dwelling Unit is commonly called a granny flat. An Accessory Dwelling Unit is different from an “In-Home Suite” in that an interior physical connection between the Accessory Dwelling Unit and primary “Single-Family Detached Residence” is not required for the former. Also, the Single-Family Detached Residence/Accessory Dwelling Unit combination is different from a “Two-Family Residence” because the former may be in separate buildings and because they are subject to different performance standards. No Accessory Dwelling Unit shall:
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.
Agent. The person designated by the owner of a bed and breakfast or tourist rooming house as the person in charge of such establishment and his name shall be filed in writing with the Building Inspector of the Village and the Village Clerk prior to issuance of a permit for operation and any change in agent shall require written notice delivered to the Village Clerk five (5) days prior to his effective appointment date.
Agriculture or Forestry Use. Any of the following activities conducted for the purpose of producing an income or livelihood: horticulture; keeping and grazing of livestock subject to other limitations in the Municipal Code; orchards; viticulture; aquaculture; vegetable gardens for food cultivation; peri-urban farms; crop or forage production; beekeeping; nursery, sod, or Christmas tree production; floriculture; forestry and the management of forests; enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land and conservation payment program; the sale of agricultural products grown on the site or on an adjacent property in common ownership. Does not include any uses of land otherwise defined under the “Agricultural-Related Use” land use category or any facilities intended to convert agricultural or forestry products to energy as a principal use and primarily serving entities outside the premises (e.g., ethanol plants, “solar farms”). Farm buildings housing animals, barnyards, and feed lots shall not be located in the floodplain, and shall be at least 300 feet from any navigable water or residential zoning district boundary.
Agricultural- or Forestry-Related Use. An area or facility that has at least one of the following as a primary and not merely incidental purpose: providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms; providing for the care, treatment, grooming, and/or boarding of farm and other large animals; storing, processing, or handling raw commodities obtained directly from farms or forestry operations; slaughtering livestock; marketing livestock to or from farms; processing agricultural or forestry by-products or wastes received directly from farms or forestry operations. Agricultural- or Forestry-related uses include, but are not limited to, agricultural or forestry implement sales, storage, and/or repair operations; feed and seed stores and storage facilities (except those accessory to an “Agricultural Use”); commercial raising of fish; fur farms; commercial stables; licensed farm auction operations; greenhouses and garden centers; orchard stores; agricultural waste and by-product disposal facilities (except those accessory to an “Agricultural Use”); commercial stables, grooming shops, animal shelters, and animal veterinary facilities serving farm and other animals larger than dogs; boarding kennels where dogs, cats, horses, or other animals are kept for 24 hours or more for boarding, training or similar purposes for compensation and/or including any outdoor kenneling provided that open animal structures shall not be located closer than 300 feet from a residential zoning district boundary; game farms or hunt clubs, excluding clubhouses with food and/or beverage services; lumber mills; de-barking operations; chipping facilities; farms regularly open for tours, demonstrations, hayrides, corn mazes, farm breakfasts, and other similar events. Not included within the “Agricultural- or Forestry-Related Use” land use category for purposes of this Chapter are facilities intended to convert agricultural or forestry products to energy as a principal use and primarily serving entities outside the premises (e.g., ethanol plants, “solar farms”); agricultural chemical dealers and/or storage facilities; commercial food processing facilities; and canning and other food packaging facilities, which are instead classified as industrial uses. Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises, and for the use of the occupants of the premises.
Alley. A public way not more than twenty-one (21) feet wide which affords only a secondary means of access to abutting property.
Apartment Unit. 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 as designated by the Wisconsin Department of Transportation.
Artisan and/or Music Studio. A building or portion thereof used for the preparation, display, and sale of individually crafted artwork, photography, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven sections, and related items, and occupied by no more than five artists or artisans. Also or alternatively may include space for music and other audio recording and performance. Uses occupied by more than five artists or artisans shall be considered a “Light Industrial” use. Studios that are accessory to a principal residential use of a property are not considered “Artisan Studio” uses, but are instead regulated as home occupations.
Automobile Laundry. An automobile laundry is a building or portion thereof containing facilities for washing automobiles using production-line methods with a chain, conveyor, blower, steam-cleaning device or other mechanical devices or any premises with a capacity of washing twenty (20) or more vehicles per eight (8) hour day.
Awning. An awning is a retractable, roof like cover, temporary in nature, which projects from the wall of a building.
Bed and Breakfast Establishment. Any place of indoor lodging that provides four (4) or fewer rooms for rent for more than ten (10) nights in a twelve (12) month period, is the owner's primary personal residence, is occupied by the owner or his designated agent at the time of rental and in which the only meal served to guests is breakfast. Occupancy of each room shall be limited to not more than two (2) adults.
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.
Block. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, bulkhead lines or shorelines of waterways.
Boarding House. A building other than a hotel, motel, Bed and Breakfast, Tourist Rooming House, Multi-family Residence, or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three (3) or more persons not members of a family, but not exceeding twelve (12) persons and not open to transient customers. Also commonly referred to as a "rooming house."
Brewpub. A land use that is accessory to a restaurant or tavern use, produces less than 10,000 barrels of beer per year, is permitted under Section 125.295, Wis. Stats., and where beer is primarily produced for on-site consumption
Buildable Lot Area. The portion of a lot remaining after required yards have been provided.
Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
Building, Completely Enclosed. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
Building Coverage. The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross-section of a building or buildings.
Building, Detached. A building surrounded by open space on the same lot.
Building Height. The vertical distance from the curb level or the approved ground level opposite the center of the front of a building to the highest point of the roof in the case of a flat roof, to the deck line of a mansard roof, and to the mean-height level between eaves and ridges of a gable, hip or gambrel roof.
Building, Principal. A building in which the principal use of the lot on which it is located is conducted.
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.
Bulk. The term used to indicate the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another and includes the following:
Business. An occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
Campground. A parcel of land designed, maintained, intended, or used for the purposes of providing a location for two or more camping units (e.g., tents, cabins, RV sites) and designed and approved for overnight accommodation. A campground may be the sole principal use of a property, or part of a range of principal uses on a property (e.g., a component of a park, school forest, or other recreational facility).
Channel. Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
Clinic, Medical and Dental. A building(s) in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. The clinic may include an accessory dental or medical laboratory. It shall not include in-patient care or operating rooms for major surgery.
Commercial Indoor Lodging. Includes land uses that provide overnight housing in more than four (4) individual rooms or suites of rooms, each room or suite having a private bathroom, including hotels and motels. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to non-lodgers are not considered accessory uses and therefore require review as a separate principal land use. This land use category does not include “Bed and Breakfast” or “Tourist Rooming House”, or “Boarding House” uses, which are instead listed and regulated separately.
Common Wall Construction Dwelling. A residential building that is built over a lot line, where walls separating occupancy units follow lot lines, such as a duplex or townhouse, and subject to the following standards:
Club or Lodge, Private. A non-profit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a Board of Directors, Executive Committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises provided adequate dining room space and kitchen facilities are available. Where properly licensed under existing Village ordinances, the consumption of intoxicating beverages by, members of such club or lodge or their guests may be permitted.
Communications Tower. Includes all free-standing or structure-mounted broadcasting, receiving, or relay structures, and similar land uses; and any office, studio, or other land uses directly related to the function of the tower. Shall be subject to all rules and municipal regulatory allowances provided under Wisconsin Statutes. See land use descriptions and regulations associated with “Small Communication or Energy Devices,” regulated as accessory uses later in this Section, where, unlike communications towers, the communications use is more narrowly focused and clearly incidental to the principal use on the site.
Community Living Arrangement. The following facilities licensed or operated or permitted under the authority of the Wisconsin State Statutes: Child welfare agencies under Section 48.60, group foster homes for children under Section 48.02(7m) and community-based residential facilities under Section 50.01, but does not include Group Day Care Centers, convalescent and 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 State Statutes, including Sections 46.03(22), 59.69(15), 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
Conditional Use. A use of land which, while appropriate for inclusion within a given district, possesses a high likelihood of creating problems with regard to nearby parcels of land or the occupants thereof and which are, therefore, permitted only subject to compliance with criteria specified in this Chapter and/or the fulfillment of conditions which effectively insure that no such problems will be created.
Conforming Building or Structure. Abuilding or structure which:
Conservation Standards. Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Dane County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.
Controlled Access Arterial 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.
Convalescent Home and Nursing Home. A facility for the aged, infirm, chronically ill or incurable persons in which five (5) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation but not including hospital clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
Curb Level. The level of the established public street curb in front of such building measured at the center of such front.
Detached Accessory Structure. Includes detached residential garages, carports, and hoop sheds designed primarily to shelter parked passenger vehicles; utility sheds used primarily to store maintenance and other equipment for the same property; private recreation structures such as gazebos, and detached elevated decks or walkways. Also includes boathouses abutting the waterway, provided the structure does not have a kitchen or built-in cooking facility and is not utilized for overnight stay. Subject to regulations in Article K.
Development. Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or 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. A type of zoning district superimposing certain additional requirements or allowances upon a base/underlying zoning district. In the instance of conflicting requirements, the stricter of the conflicting requirements shall apply.
Drive-In or Drive-Through Sales or Service. Includes all land uses that perform sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity (except “Outdoor and Vehicle Repair and Maintenance” land uses, which are separately listed and regulated). Also includes land uses that conduct sales from a vehicle such as a food truck or trailer (or any other structure for an outdoor food vendor) in one place for more than 120 consecutive days. Examples include drive-in, drive-up, and drive-through facilities in conjunction with another principal use (like a bank or restaurant), vehicular fuel stations, food trucks/trailers, and all forms of car washes, including automobile laundries and self-service car washes.
Dwelling. A building or part of a building containing one (1) or more dwelling units and also containing other directly associated elements such as hallways, storage areas or common laundry facilities. For purposes of this Chapter, this term does not include group lodging facilities.
Dwelling, Attached. A dwelling separated from another dwelling unit and not having any portion of any roof, wall or floor in common with another dwelling unit.
Dwelling, Detached. A dwelling which is entirely surrounded by open space on the same lot.
Dwelling Unit. An area within a dwelling that is designed, occupied or intended to be occupied by a family (or by a non-family household) as permitted by this Chapter as separate living quarters with private kitchen, sanitary, sleeping and living quarters within the unit.
Eating Place. Establishments primarily engaged in the retail sale of prepared food and drinks for consumption on the premises. Caterers and institutional food service establishments are included. The term shall not apply to churches, religious, fraternal, youths' or patriotic organizations, service clubs and civic or union organizations which occasionally prepare or serve or sell meals to transients or the general public, nor shall it include any public or private school lunchroom.
Efficiency Unit. A dwelling unit consisting of one (1) principal room exclusive of bathroom, kitchen, hallway, and closets.
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, storm water 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.
Establishment, Business. A place of business carrying on operations which are physically separate and distinct from those of any other place of business located on the same zoning lot:
Family. An individual or group of two (2) or more individuals who are related by blood, marriage or adoption, together with not more than four (4) additional persons not so related, living as a single household in a dwelling unit. For purposes of this Chapter, family includes "non-family households."
Family Day Care Home (4-8 Children). An occupied residence in which a qualified person(s) provides child care for four (4) to eight (8) children. Does not include a child provided care by his or her legal guardian or his or her parent, grandparent, great-grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption. Family Day Care Homes shall not be considered “home occupations” for purposes of this Chapter. The care of fewer than four (4) children is not subject to the regulations of this Chapter.
Farmstead. A single-family residence located on a parcel of land, which primary land use is associated with agriculture.
Floor Area. The sum of the gross horizontal areas of the several floors of the building, or buildings, including accessory storage areas located within selling or working space such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for the purpose of measurement for off-street parking spaces shall not include:
Freight Terminal, Commodity Trucking or Distribution Center. Lands and buildings representing (a) either end of one or more truck carrier line(s) principally serving several or many businesses, (b) a farm or forestry commodity trucking operation, which is a type of freight service devoted primarily to movement of locally produced agricultural or forestry products principally serving one or more farms or lumber operations, or (c) short-term indoor storage and possible repackaging and reshipment of the materials and products of a single user. Such uses typically have frequent and heavy trucking operations, large yards, extensive docks, indoor and outdoor storage, large buildings, freight stations, and/or on-site truck maintenance, repair, and weighing facilities.
Frontage. All the property butting on one (1) side of a street between two (2) intersecting streets or all of the property abutting on one (1) side of a street between an intersecting street and the dead end of a street.
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, and/or repairing, motor vehicles.
Group Day Care Center. A land use in which licensed persons and facilities provide child care services for nine (9) or more children, such as day care centers, pre-schools, and nursery schools. Such land uses may be operated in conjunction with another principal land use on the same site, such as a church, primary school, business, or civic organization.
Group Foster Home. Any facility operated by a person required to be licensed by the State of Wisconsin under State Statute Section 48.62 for the care and maintenance of five (5) to eight (8) foster children.
Group Lodging, Facilities. Buildings or parts of buildings designed, occupied or intended to be occupied as living quarters on a basis other than as a dwelling unit.
Guest, Permanent. A person who occupies or has the right to occupy on a monthly or longer basis a hotel or apartment hotel accommodation as his domicile and place of permanent residence.
Heavy Industrial. Industrial facilities at which operations have one or more of the following characteristics: conducted partially or wholly outside of an enclosed building (not including loading/unloading operations or solar or wind farms); associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line; and/or involving materials that pose a significant safety hazard (such as danger of explosion). Examples of “Heavy Industrial” land uses include manufacturing operations related to printing and publishing, industrial machinery and equipment, dairy products, plastic materials and synthetics, fabricated metal products, furniture and fixtures, instruments and related products, and medicinal chemicals and biological products; laboratories, research, development and testing, and manufacturing and fabrication in conjunction with such research and development and operations; slaughter houses; tanneries; primary meat processing and fish processing; cabbage processing; alcoholic beverage producers other than breweries and wineries; paper, pulp, or paperboard producers; chemical and allied product producers (except drug producers); petroleum and coal product producers; asphalt, concrete, or cement producers; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; auction yards; and recycling facilities not involving the on-site storage of salvage materials.
Home Occupation. A gainful occupation conducted by members of the immediate family residing on the premises and not more than one (1) other individual; conducted within their dwelling and not in an accessory building (except by conditional use permit), provided that no article is sold or offered for sale on the premises except such as is produced for such occupation, that no stock in trade is kept. or sold except for what is made on the premises, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that such occupation shall not require internal or external alterations or involve construction features not customary in a dwelling, that not more than twenty-five percent (25%) of the floor area of the dwelling is devoted to such home occupation, that not more than 15 vehicle trips per day including those serving principal dwelling use are generated, that no sign other than one unlighted name plate not more than one (1) foot square is installed.
Hotel. A facility containing sleeping rooms with private or semi-private bathroom facilities offered overnight lodging to the public for compensation and catering primarily to the traveling public. A hotel shall offer services such as maid, telephone, desk and vending services. It may offer a restaurant, recreational facilities and meeting facilities.
Household. A family or non-family group living in a non-transient manner in a single dwelling unit.
Indoor Commercial Entertainment and Dining. Includes all uses that provide dining, drinking, and/or entertainment services within an enclosed building. Such land uses include restaurants; lunch rooms and other eating places, except drive-in type establishments; cafes; coffee shops; taverns; brewpubs; movie theaters, not including drive-in theaters; theaters; health or fitness centers; indoor swimming pools (not including those in schools); dance, art, martial arts, and other forms of training studios; bowling alleys; arcades; roller rinks; indoor shooting ranges; and pool halls. May include an outdoor service area not exceeding the indoor floor area. Uses that serve alcohol outdoors must also meet requirements associated with the “Outdoor Alcohol Area” land use. Does not include any “Microbeverage Production Facility” or “Sexually-Oriented Business,” which instead are listed and regulated separately.
Indoor Institutional. Indoor community facilities, such as libraries, museums, offices of governmental agencies, municipal buildings, fire stations, post offices, municipal parking lots, funeral homes, community centers, schools, churches, other religious institutions; the offices, meeting places and premises of private clubs and lodges; religious organizations; charitable organizations; or other nonprofit membership organizations, medical and dental clinics, and similar land uses, but not including any fitness center, auditorium, hospital, jail, prison, or similar use. Shall not exceed 5,000 square feet in floor area in any residential zoning district.
Indoor Sales Incidental to Storage or Light Industrial Land Use. Includes any retail sales activity conducted exclusively indoors that is incidental to a principal land use such as warehousing, wholesaling, or any “Light Industrial” land use on the same site.
Indoor Sales or Service. Includes all land uses, except as otherwise separately listed in this Section, which conduct or display sales or rental merchandise or equipment, or that conduct non-personal or non-professional services, entirely within an enclosed building. This includes a variety of retail stores and commercial service uses including department stores; variety stores; general merchandise stores; general grocery stores; supermarkets; fruit and vegetable stores; meat and fish stores; miscellaneous food stores; candy, nut or confectionary stores; dairy products stores, including ice cream stores; paint, glass, and wallpaper stores; hardware stores; retail bakeries (but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery); clothing and shoe stores (not including repair); furniture, home furnishings, and floor covering stores; antique stores and secondhand stores; sporting goods stores; book stores; liquor stores; stationary stores; jewelry and clock stores; camera and photographic supply stores; print and copy shops; gift novelty and souvenir shops; florist shops; tobacco and smoker’s supplies stores; news dealers and newsstands; retail laundry and dry cleaning outlets, including coin-operated laundries and dry cleaning establishments, commonly called laundromats; tailor shops; dressmakers’ shops; computer shops and computer services shops; not otherwise listed in this Chapter, along with self-service facilities such as coin-operated laundromats. Display of products outside of an enclosed building shall be considered an “Outdoor Display Incidental to Indoor Sales” accessory use, or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an “Outdoor Display” second principal land use of the property. Sales or service uses that are accessory to a principal residential use of a property are not considered “Indoor Sales or Service” uses, but are instead regulated as home occupations.
Indoor Repair and Maintenance. Includes all land uses, except as separately listed, that perform repair and maintenance services for consumer products and contain all operations (except loading) entirely within an enclosed building, including electronics, mechanical, and small engine repair service businesses, and other miscellaneous repair shops and related services. Includes the service, repair, testing, and demonstration or other use of radios, television sets, high-fidelity sound equipment, electronic amplifiers, stereophonic sound systems, musical instruments, and other such devices. Also includes the service, repair, testing, demonstration or other use of piston-type engines or motors, or any type of device, appliance or equipment operated by such engines or motors. Also includes the service, repair, testing, demonstration or other use of motor-driven bicycles, commonly called motorbikes. Also includes the servicing, repairing, testing, demonstration, or other use of electrical household appliances, including refrigerators, freezers, air conditioners, washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar household appliances, and upholstery and furniture repair. Also includes garment repair shops and watch, clock, and jewelry repair services. Because of outdoor vehicle storage requirements, all vehicle repair and maintenance uses shall instead be regulated as “Outdoor and Vehicle Repair and Maintenance” uses.
Indoor Storage or Wholesaling. Uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading berths and parking spaces, such land uses are contained entirely within an enclosed building. Examples include warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated.
Institutional Residential. Includes age-restricted senior housing, retirement homes, assisted living facilities, convalescent and nursing homes, hospices, group homes, convents, monasteries, dormitories, convalescent homes, limited care facilities, rehabilitation centers, rest homes, homes for the care of children, homes for the care of the indigent, and similar land uses not considered to be Community Living Arrangements under Wisconsin Statutes 62.23.
Intermediate Day Care Home (9 - 15 Children). An occupied residence in which a qualified person(s) provides child care for nine (9) to fifteen (15) children. Does not include a child provided care by his or her legal guardian or his or her parent, grandparent, great-grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption. Intermediate Day Care Homes shall not be considered “Home Occupations” for purposes of this Chapter.
In-Home Suite. An area within a “Single-Family Detached Residence” dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas. A permanent interior, non-locking access way between the habitable area of the principal dwelling and the In-Home Suite is required. A separate outdoor access to a shared garage may be provided. Distinguished from an “Accessory Dwelling Unit,” which is a separately listed and regulated land 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.
Junk Yard or Salvage Yard. Any land or structures used for a salvaging operation including but not limited to the storage, purchase, sale, exchange, baling, packing, recycling, and/or disassembling of waste paper, rags, scrap metal, tires, bottles, and any other discarded materials; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Facilities involving on-site outdoor storage of salvage materials and auto wrecking yards are included in this land use. A "junk yard" is an open area where waste or scrap materials are, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.
Kennel, Animal. An animal kennel is any premises, or portion thereof, where dogs, cats and other household pets are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
Light Industrial. Industrial facilities and contractor shops at which all operations (with the exception of fully screened outdoor storage and loading operations) are conducted entirely within an enclosed building or via a permanent structure such as a solar panel or wind turbine; are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line (except for a smokehouse); do not pose a significant safety hazard (such as danger of explosion); and comply with all of the performance standards listed for potential nuisances in this Chapter. Breweries, distilleries, wineries, and coffee roasters that fail to meet one or more performance standards of the “Microbeverage Production Facility” land use are considered “Light Industrial” uses. Indoor aquaculture uses, which include the farming of aquatic organisms (plants and animals) under controlled conditions that utilize recirculating (closed) system technology (including aquaponics), are considered “Light Industrial” uses. Crematoriums shall be considered “Heavy Industrial” uses, except where accessory to a funeral home. Primary food processing activities involving the processing of cabbage, fish and fish products, and meat products shall be considered and regulated as “Heavy Industrial” land uses; smokehouses not also involving these activities shall be regulated as “Light Industrial” uses.
Light Industrial Activities Incidental to Indoor Sales or Services. Any “Light Industrial” use conducted exclusively indoors that is incidental to another principal land use such as “Indoor Sales or Service” land use on the same site.
Living Area Floor Area. (rev. 7/01) Living area floor area shall be measured at each level from center of wall to center of wall, but for the purpose of determining minimum required floor area shall not include basements not used for living purposes, attached garages, open porches, or attics and other storage areas having an average height of less than seven (7) feet. In a split level building the first floor level shall include all area which is not over another living area of the building. Basements used for living purposes shall be included in determining permitted living area floor area. Living areas shall meet the requirements of the Uniform Dwelling Code for second exits; windows used for second exits shall be at grade level.
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.
Lot. A parcel of land having frontage on a public street, or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area and other open space provisions of this Code as pertaining to the district wherein located.
Lot Area. The area of a horizontal plane bounded by the front, side and rear lot lines.
Lot, Corner. A lot of which at least two (2) adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five (135) degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than one hundred thirty-five (135) degrees.
Lot Coverage (Residential). The area of a lot occupied by the principal building or buildings and accessory building.
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, Depth. The lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
Lot, Double Frontage. (rev. 6/97) A parcel of land, other than a corner lot, with frontage on more than one (1) street or with frontage on a street and a navigable body of water. On a double-frontage lot, both street lines shall be deemed front lot lines. (See Illustration No. 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 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 Line, Front. The front lot line, in the case of a lot abutting upon only one (1) street, shall mean the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this Chapter, have the privilege of electing any street lot line the front lot line, providing that such choice, in the opinion of the Zoning Administrator, will not be injurious to the existing, or to the desirable future development of the adjacent properties.
Lot Line, Rear. (rev. 10/02) The rear lot line shall mean that lot line which is opposite the most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and most distant from the front lot line shall be considered to be the rear lot line for the purpose of determining depth of rear yard. The cases where none of these definitions are applicable, the Zoning Administrator shall designate the rear lot line.
Lot Line, Side. A side lot line shall mean any lot line not a front lot line or a rear lot line.
Lot Lines. The property lines bounding the lot.
Lot Lines and Area. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
Lot of Record. A lot which is part of a subdivision or a certified survey map which has been recorded in the Office of the Register of Deeds of Rock County or a parcel of land, the deed to which was recorded in the Office of said Register of Deeds prior to the effective date of this Chapter. Any lot or parcel of land created through a violation of any other applicable laws or ordinances of the State of Wisconsin and the Village of Marshfield shall not, in this instance, be considered a lot of record.
Lot, Reversed Corner. A reversed corner lot is 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 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 areas or other open space provisions of this Code as pertaining to the district wherein located.
Lot, Through. A lot which has a pair of opposite lot lines along two (2) substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
Lot, Width. The horizontal distance between the side lot lines of a lot, measured at right angles to the lot depth, said measurement to be made at the rear line of the required front yard.
Lot, Zoning. A single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.
Manufactured Home. A structure that is designed to be used as a dwelling that is certified by the Department of Housing and Urban Development as complying with the standards under 42 USC 5401 to 5425.
Microbeverage Production Facility. A type of beer, wine, spirits, or coffee production facility that produces limited amounts of product per year, and often includes a tasting or tap room and on-site purchase of beer and related products, including gifts and food. Includes microbreweries, microdistilleries, microwineries/small wineries, and microroasteries/small batch roasters that meet the following performance standards. In the event such a use exceeds one or more of the following performance standards, either at time of commencement or via growth, it shall instead be considered a “Light Industrial” land use. Brewpubs are regulated separately as an “Indoor Commercial Entertainment and Dining” use.
Minor Structures. Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four (4) feet in height.
Mobile Home. A manufactured home in accordance with the ANSI Code (American National Standards Institute) that is certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. All said homes shall bear the proper approved Wisconsin insignia as required by the Wisconsin Administrative Code, ILHR 20.12-20.17. A mobile home is a transportable structure, being eight (8) 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. A mobile home is not deemed a mobile home if the assessable value of additions, attachments, annexes, foundations and appurtenances equals or exceed fifty percent (50%) of the assessable value of the mobile home. The term "mobile home" shall not include a factory-built structure meeting the following requirements:
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 manufactured and/or 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 parks are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to mobile home subdivisions without common open space or continuing management.
Mobile Home Subdivision. A land subdivision, as defined by Chapter 236 of the Wisconsin Statutes and any Village Land Division Ordinance with lots intended for the placement of individual manufactured or mobile home units conveyed by deed to individual owners as opposed to a rental arrangement.
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, commercial, educational or industrial purposes.
Motel. A facility offering services of a hotel but where the sleeping rooms are physically arranged so that most have access to outside, adjacent parking areas without passing through the lobby.
Multi-Family Residence. A single building containing three or more individual attached dwelling units that take access from a shared entrance or indoor hallway. “Townhouses”, “Institutional Residential Uses” including age-restricted senior housing, and “Boarding Houses” are regulated separately.
Nameplate. A nameplate is a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
Nonconforming Building or Structure. A nonconforming building or structure is any building or structure which does not comply with all of the regulations of this Chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
Nonconforming Use. Any use of land, buildings or structures which does not comply with all the regulations of this Chapter or of any amendment hereto governing use for the zoning district in which such use is located.
Nonresidential District. One of the following zoning districts: B-C, B-G, B-H, B-P, M-I, A-G, P-R, INT.
Non-family Households. A group of individuals not exceeding five (5) in number who do not constitute a "family" as defined herein and who live as a single household in a dwelling unit.
Non-Metallic Mineral Extraction. Any land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities. Wisconsin Statutes may limit Village regulation of non-metallic mineral extraction operations associated with projects completed by the Wisconsin Department of Transportation.
Nursery School. A facility licensed as a day care center by the State of Wisconsin where a person or persons provide for compensation and/or consideration for service, group care for four (4) or more children under seven (7) years of age, for less than twenty-four (24) hours a day at a location other than the child's own home or the homes of relatives or guardians.
Off-Site Parking. Includes any areas used for the temporary parking of vehicles that are fully registered, licensed, and operative.
Office. Includes all exclusively indoor land uses whose primary functions are the handling of information, administrative services, or both, generally with little direct service to customers on-site. Office uses that are accessory to a principal residential use of a property are not considered “Personal or Professional Service” uses, but are instead regulated as home occupations under this chapter.
Outdoor Alcohol Area. Areas where the service and/or consumption of alcohol outside of the principal structure is allowed, generally associated with an approved “Indoor Commercial Entertainment and Dining” use such as a restaurant, tavern, bar, and/or live music venue, but possibly also certain “Indoor Institutional” uses and other land uses. Examples of Outdoor Alcohol Areas include, but are not limited to, beer gardens, and outdoor dining and recreational areas (e.g., volleyball courts) that allow the consumption of alcohol.
Outdoor Commercial Entertainment. Includes all uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks, and shooting ranges. Uses that serve alcohol outdoors are classified and regulated as an “Outdoor Alcohol Area Accessory to Indoor Commercial Establishments.” Does not include any “Sexually-Oriented Business,” which instead are listed and regulated separately.
Outdoor Display. Includes all land uses, except as otherwise separately listed in this Article, which conduct sales or display sales or rental merchandise or equipment outside of an enclosed building. Examples include outdoor vehicle or motor craft sales, outdoor vehicle or motor craft rental, manufactured home sales, monument sales, sales of trailers, mobile homes, or campers, daily or extended-term rental or leasing of house trailers, mobile homes, or campers, daily or extended-term rental or leasing of passenger automobiles, limousines, or trucks, without drivers, or of truck trailers or utility trailers, and outdoor sales yards associated with a retail use that exceed the size threshold below (as a second principal use on the property). Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a “Junkyard or Salvage Yard” use. If only a limited amount of outdoor area (less than 15 percent of the total building floor area on the site) is used for display of product outside of an enclosed building, such use shall instead be considered an accessory use under “Outdoor Display Incidental to Indoor Sales” accessory use listing below.
Outdoor Display Incidental to Indoor Sales or Service. Any “Outdoor Display” use as defined above that does not exceed 15 percent of the total floor area of all buildings on the site.
Outdoor Public Recreation. A land use that includes all recreational land uses located on public property or public easement. Such land uses include play courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses, arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails/bridle paths, open grassed areas, picnic areas, picnic shelters, fishing areas, and similar land uses.
Outdoor Institutional. Includes cemeteries, country clubs, and similar institutional land uses where most or all activities are conducted outdoors.
Outdoor Solid Fuel Furnace. An outdoor accessory structure designed to heat air or water through a fire and then transmit that heated air or liquid to a different structure for direct use and/or structural heating.
Outdoor Storage or Wholesaling. Uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses, and where any activity beyond loading and parking is located outdoors. Examples of include contractors’ outdoor storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a “Junkyard or Salvage Yard” use, which is separately listed and regulated.
Outdoor and Vehicle Repair and Maintenance. Includes all land uses, except as separately listed in this Section, which perform maintenance services (including specialized automotive repair, electrical, battery, and ignition repair, radiator repair, glass replacement and repair, carburetor repair, wheel alignment services, installation of tires, batteries, mufflers, or other automotive accessories) and have all, or any portion (beyond simply loading) of their operations located outside of an enclosed building. Also includes all businesses that repair or maintain motor vehicles designed for road use and brought in from off-site, including motorcycles, motorized bicycles, go-karts, snowmobiles, aircraft, watercraft, and other motorized vehicles.
Parking Lot. A structure or premises containing five (5) or more parking spaces open to the public.
Parties in Interest. Includes all abutting property owners, all property owners within one hundred (100) feet of a property subject to a proposal under this Chapter.
Personal or Professional Service. Exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples include professional services; banks, insurance or financial services; offices of real estate agents, brokers, managers, and title companies; photographic studios and commercial photography establishments; barber shops, beauty shops, and hairdressers; advertising agencies, consumer credit reporting, news agencies, and employment agencies; law offices; engineering and architectural firms or consultants; accounting, auditing, and bookkeeping firms or services; professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations; telephone and telegraph offices; and small animal veterinary clinics. Veterinary clinics catering to animals larger than domestic dogs and/or requiring outdoor kennels shall be regulated as “Agricultural- and Forestry-Related Uses.” Service uses that are accessory to a principal residential use of a property are not considered “Personal or Professional Service” uses, but are instead regulated as home occupations.
Personal Storage Facility. Includes indoor storage of items entirely within partitioned buildings with individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as “mini-warehouses.”
Public Service or Utility. Includes all municipal, county, state and federal facilities (except those separately addressed in this Section, like libraries); emergency service facilities such as fire departments and rescue operations; wastewater treatment plants; public and/or private utility substations; water towers; utility and public service related distribution facilities; essential service structures, including but not limited to buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, and similar land uses. Facilities that generate power that is primarily for off-site distribution and use, including solar fields and wind farms, shall be regulated as “Heavy Industrial” uses, to the extent allowed under applicable state and federal law.
Public Way. Any sidewalk, street, alley, highway or other public thoroughfare.
Railroad Right-of-Way. A strip of land containing railroad tracks and customary auxiliary facilities for only track operation. For the purpose of this Chapter, a railroad right-of-way does not include land used or intended to be used for switching, spur, lead, team or siding tracks, freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, car yards or classification yards.
Reservoir Parking Space. Those off street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
Retail. The sale of goods or merchandise in small quantities to the consumer.
Roadside Stand, Seasonal. A temporary structure which is not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located. No roadside stand shall be more than three hundred (300) square feet in ground area and there shall not be more than one (1) roadside stand on any one (1) premise.
Row House. See definition of “Townhouse Residence”.
Screening. A hedge, wall or fence to provide a visual separator and physical barrier not less than four (4) feet nor more than six (6) feet in height, unless otherwise provided for in this Chapter.
Setback. (rev. 6/97) 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.
Sexually-Oriented Business. Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specific sexual activities or specified anatomical areas, or the removal of articles of clothing to appear totally nude or to display a nude genital area or female nude breasts. Also, an adult bookstore having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, CDs, SD cards, flash drives, internet connection, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specific anatomical areas, and in conjunction therewith have facilities for the presentation of adult-oriented films, movies or live performances, for observation by patrons.
Side Yard. (rev. 6/97) 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. Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known and which 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.
Single-Family Detached Residence. A dwelling unit designed for and occupied by not more than one family or non-family household and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be a site built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), a manufactured dwelling (modular home) as permitted by the UDC, or a manufactured home that has received a Federal Manufactured Housing Certificate label. In the A-G district, the only type of permitted Single-Family Detached Residence is a farmstead, as defined elsewhere in this Section.
Small Exterior Communication or Energy System. Equipment designed to facilitate personal communication to or from a premises, or to generate energy primarily for on-premise use. Such communication equipment does not include “communication towers” as separately described and regulated in this Chapter, and includes antennas of 15 feet in height or less as measured from the highest part of the ground or roof to the top of the antenna, satellite dishes with a diameter of 20 inches or less, and other similarly small-scale equipment. Such energy generating equipment includes solar, wind, and geothermal energy systems that convert energy from the sun, wind, or earth into usable thermal, mechanical, chemical, or electrical energy, where such energy system is accessory to the principal use of the parcel, and primarily supplies energy to such principal use. Also includes electrical generators designed for home use. Does not include any outdoor solid fuel furnace, which are prohibited in the Village.
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 fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof. A basement having one-half (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 (2) opposite exterior walls, are not more than four and one-half (4-1/2) feet above the finished floor of such story. In the case of one (1) family dwellings, two (2) family dwellings and multi-family dwellings less than three (3) stories in height, a half (1/2) 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 serves as a principal means of access to abutting property.
Street Yard. (rev 6/97) 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 (2) street yards. (See Illustration No. 1).
Structural Alterations. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
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.
Substandard Lot. A legally created lot of record that met any applicable lot area of width requirement when it was created but does not meet the current minimum lot area or width of the zoning district where it is located; also referred to as a “nonconforming lot.”
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.
Tourist Rooming House. A use of a dwelling where sleeping accommodations are offered for pay to tourists or transients for fewer than 30 consecutive days per tourist or transient. Must be licensed by the State and have a designated agent. Owner or agent shall provide a copy of such State license and a sales tax number to the Zoning Administrator at time of initial receipt, and thereafter as may be requested. The appearance of the dwelling shall not be altered or operated in a manner that would cause the premises to differ in appearance from a typical dwelling. Commercial lodgings consisting of structures with rentable rooms or suites shall instead be regulated as a “Commercial Indoor Lodging” use (or if a room in a residence operated by the primary resident, a “Bed and Breakfast”). Also, does not include any “Boarding House,” which is described and regulated separately. Any restaurant, arcade, fitness center, and other on-site facility available to non-lodgers is not considered an accessory use and therefore requires review as a separate principal land use.
Townhouse Residence. A single building containing three (3) to eight (8) horizontally attached dwelling units, with each unit having a private, individual exterior access and sharing at least one common wall with an adjacent dwelling unit. Townhouse residence buildings have no common hallways between units, except within any Village-approved indoor parking area. Also referred to as a rowhouse.
Trailer. A trailer is any structure which is or may be mounted upon wheels for moving about and is propelled by its own or drawn by other motive power and which is used as a dwelling or as an accessory building or structure in the conduct of a business, trade or occupation or issued for hauling purposes.
Two-Family Residence. A single building containing two separate dwelling units, each unit having a private individual exterior access, and with no shared internal access within the building. Two-Family Residences may be attached side-by-side units each with a ground floor and roof (duplex) or two-story buildings with one unit above the other (flats).
Usable Open Space. That part of the ground level of a zoning lot, other than in a required front or corner side yard, which is unoccupied by principal or accessory buildings, service driveways, off-street parking spaces and/or loading berths and is obstructed to the sky. This space of minimum prescribed dimensions shall be available to all occupants of the building and shall be usable for greenery, drying yards, recreational space and other leisure activities normally carried on outdoors. Where and to the extent prescribed in these regulations, balconies and roof areas designed and improved for outdoor activities may also be considered as usable open space. Ground level for this purpose may include open terraces above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
Use. The purpose or activity, for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
Use, Accessory. A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
Use, Conditional. A use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this Chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted as presented or with conditions.
Use, Permitted. A permitted use is a use which may be lawfully established in a particular district or districts provided it conforms with all requirements and regulations of such district in which such use is located.
Use, 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.
Waste Disposal, Composting, and/or Recycling Facility. Any use devoted to the collection and disposal of solid and sanitary wastes, organic materials for composting, and recycled materials, including those solid wastes as defined by Section 289.01(33), Wis. Stats.
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 considered the front yard, except where otherwise designated by the Zoning Administrator.
Yard, Rear. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
Yard, Side. That part of the yard lying between the main building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
Zero Lot Line. See definition of “Common Wall Construction Dwellings”.
Zoning Permit. A permit issued by the Zoning Administrator to certify that the use of lands, structures, air and waters subject to this Chapter are or shall be used in accordance with the provisions of said Chapter.