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Merton Village City Zoning Code

ARTICLE II

Definitions

§ 250-8 General interpretation.

For the purposes of this chapter, when not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural number include the singular. The word "person" may be taken for persons, associations, copartnerships, corporations, trusts, or companies. The word "structure" includes buildings. The word "occupied" includes "designed or intended to be occupied." The word "used" includes "designed or intended to be used." The word "shall" is always mandatory and not merely permissive. The word "should" is advisory, and the word "may" is permissive.

§ 250-9 Specific words and phrases.

For the purpose of this chapter, certain words and phrases shall have meanings that either vary somewhat from their customary dictionary meaning or are interpreted to have a specific meaning. Any words not defined in this section shall be presumed to have their customary dictionary definitions.
ACCESSORY BUILDING, STRUCTURE OR USE
A structure, building, portion of a building, or use subordinate to and customarily incidental to the permitted principal use of the property or buildings and located upon the same lot as the principal use. Outbuildings shall be considered as accessory buildings.
ADULT FAMILY HOME
A use as defined in § 50.01(1), Wis. Stats., subject to provisions of Wisconsin Statutes including the following:
[Added 11-3-2022 by Ord. No. 199]
A. 
Care and maintenance above the level of room and board for three or four adults, but not including nursing care, provided in the private residence by the care provider whose primary domicile is the private residence.
B. 
The private residence is licensed under Wisconsin Statutes as a foster home or treatment foster home for the care of adults.
C. 
A place where up to four adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and may include up to seven hours of nursing care per resident.
ANIMAL BOARDING FACILITY
An establishment in which more than three dogs or three cats, or any combination thereof, over the age of five months may be kept for boarding, breeding, safekeeping, convalescence, humane disposal, placement, sale or sporting purposes.
[Added 11-3-2022 by Ord. No. 199]
ANIMAL FEEDING OPERATION or AFO
A feedlot or facility, other than a pasture, where animals have been confined, maintained or stabled for a total of 45 consecutive days or more in any twelve-month period.
ANIMAL GROOMING OR TRAINING FACILITY
An establishment providing bathing, trimming or training services for domestic animals on a commercial basis. This term includes the boarding of domestic animals for a maximum period of 48 hours incidental to the grooming or training services provided.
[Added 11-3-2022 by Ord. No. 199]
ANIMAL HOSPITAL/CLINIC
An establishment providing medical and surgical treatment of domestic animals, including grooming and boarding, for not more than 30 days if incidental to the medical care. This term also includes an animal crematorium.
[Added 11-3-2022 by Ord. No. 199]
ANTENNA
A device or instrument mounted on a tower, building or structure designed or used for sending or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
ARTERIAL STREET
A street used, or intended to be used, primarily for fast or heavy through traffic, whose function is to convey traffic between municipalities and activity centers. Arterial streets are designated in the Regional Transportation System Plan prepared and adopted by the Southeastern Wisconsin Regional Planning Commission.
ASSISTED LIVING CENTER
An establishment where five or more of the elderly or individuals with a disability reside together as their primary residence as a single housekeeping unit, where staff is available to provide on-site health care, food service, training or support for the residents.
[Added 11-3-2022 by Ord. No. 199]
BAKERY, COMMERCIAL
An establishment where baked products prepared on site are delivered to off-site sale locations. This category does not prevent limited hours of wholesale on-site sales of bakery product to the public.
[Added 11-3-2022 by Ord. No. 199]
BAKERY, ON-SITE
An establishment where the majority of prepared baked and food products sold are prepared on site. Any on-site consumption of baked products by customers, or on-site consumption of baked products not prepared on site, is considered a restaurant use.
[Added 11-3-2022 by Ord. No. 199]
BASEMENT
That portion of a building below the first floor or ground floor with its entire floor below grade.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied residence where lodging for paying guests is offered and which has five or fewer sleeping rooms and which offers breakfast to these guests as its only meal.
BEEF FARM
A tract of land devoted principally to the raising of beef cattle and calves for commercial purposes.
BOAT
Any vehicle designed for traveling on water not exceeding 35 feet in body length and eight feet in width.
BOAT HOUSE
Any structure designed for the purpose of protecting or storing of boats, used in conjunction with a residence, for noncommercial purposes, located on the same lot as the principal building and not for human habitation.
BOAT MAINTENANCE SERVICE FACILITY
An establishment for the maintenance and seasonal servicing of boats indoors. This provides for exterior detailing of the boat body, interior hull and for seasonal services such as winterizing the boats and providing for seasonal dropping off and delivery of boats and temporary indoor storage of the boats as part of the business. This does not include boat engine repairs or general boat repairs or for personal private storage not associated with the business. Indoor storage space may be available as an ancillary function of the general maintenance of boats, with limited outdoor storage space not to 48 hours.
[Added 8-22-2024 by Ord. No. 220]
BUILDING
Any structure used, designed, or intended for the protection, shelter, or enclosure of persons, animals, or property (also see "accessory building" and "principal building").
BUILDING MAINTENANCE SERVICE
An establishment providing routine maintenance of buildings. This term includes, but is not limited to, a building cleaning, carpet or rug cleaning, disinfecting, pest extermination or window washing service.
[Added 11-3-2022 by Ord. No. 199]
BULLETIN BOARDS
Any sign that is characterized by changeable copy, letters or symbols regardless of method of attachment.
BUSINESS OF HISTORICAL SIGNIFICANCE
An establishment within the Historic Downtown District, although not listed as a permitted or conditional use under another use category, which by its location within Downtown Merton would add to the traditional character and the intent of the Historic Downtown District.
[Added 11-3-2022 by Ord. No. 199]
BUSINESS PRODUCTS
An establishment providing products to business establishments, including but not limited to advertising and promotional items, office equipment, furniture and supplies, packaging materials, and warehouse equipment and supplies.
[Added 11-3-2022 by Ord. No. 199]
BUSINESS SERVICE
An establishment providing services to business establishments on a fee or contract basis, including but not limited to advertising and marketing services, business equipment, furniture sales or rental or protective service, locksmiths, computer hardware and software consulting and other electronics consulting, and vending services. This term includes, but is not limited to, an employment agency, photocopy center, commercial photography studio or mailing service. This term does not include a contractor business.
[Added 11-3-2022 by Ord. No. 199]
CHURCH
A building or structure within which persons regularly assemble for religious worship, which is used only for such purpose and for those customarily associated accessory activities.
CO-LOCATION
The location of wireless communications facilities of more than one provider on a single site.
COLLECTOR STREET
A collector street is designed for the moderately rapid movement of traffic and the collection of traffic from residential areas and conveyance of this traffic to the arterial street and highway system.
COMMUNICATION TOWER
A guyed or unguyed, monopole, lattice or other self-supporting tower, constructed as a freestanding structure in association with a permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, paging, wireless internet, data, or similar forms of electronic communication.
COMMUNICATIONS FACILITY
An appurtenance supporting antennas and/or microwave dishes that sends and/or receives radio frequencies signals. "Communications facilities" include structures, towers and accessory buildings.
COMMUNITY LIVING ARRANGEMENT[Added 11-3-2022 by Ord. No. 199]
A. 
Under the provisions of § 46.03(22), Wis. Stats., means any of the following facilities licensed and permitted by the State of Wisconsin:
(1) 
Residential care centers for children and youth, as defined in § 48.02(15d), Wis. Stats., operated by child welfare agencies licensed under Wisconsin Statutes.
(2) 
Group homes for children, as defined in § 48.02(7), Wis. Stats.
(3) 
Community based residential facilities, as defined in § 50.01(1g), Wis. Stats.
B. 
A community living arrangement does not include adult family homes, day-care centers, nursing homes, general or special hospitals, and prisons or jails.
CONDITIONAL USE
A use which, because of its unique characteristics, cannot be properly classified in any particular district or districts without consideration in each case of the impact of the use upon neighboring land and of the public need for the particular uses in the particular location.
CONSUMER PRODUCT TRANSFER STATION
A building to which product or goods are delivered in bulk; within the building the products or goods are organized into individual customer orders, and then the orders are delivered from the building to the customer within and surrounding the Village via manned or unmanned vehicles. Delivery to customers from a business allowed in another permitted or conditional use category is not a consumer product transfer station.
[Added 11-3-2022 by Ord. No. 199]
CONSUMER PRODUCTS
An establishment engaged in the small-scale assembly and packaging of products from previously prepared materials for sale to online, retail or service customers. This term does not include specialty beverages and food.
[Added 11-3-2022 by Ord. No. 199]
CONSUMER SERVICE
An establishment providing services to individuals on a fee or contract basis, including but not limited to auto, boat and recreational vehicle detailing, locksmith, repair shop for household items, seamstress, shoe repair, tailor, transportation and upholstering.
[Added 11-3-2022 by Ord. No. 199]
CONTRACTOR BUSINESS
An establishment on a scale commensurate with its location that provides improvement, repair, maintenance and replacement contracting services to residences and other businesses within the Village and general surrounding area. The contractor business could provide services such as carpentry, plumbing, electrical, and heating, cooling and ventilation.
[Added 11-3-2022 by Ord. No. 199]
CORNER LOT
A lot abutting two or more streets at their intersection where the interior angle formed by the street intersection is less than 135°.
CUL-DE-SAC
A cul-de-sac is a local street designed to have one end permanently closed and which terminates in a circular turnabout.
DAY-CARE CENTER
An establishment in which the operator is provided with compensation in return for providing one or more individuals with care for less than 24 hours at a time. The term includes, but is not limited to, a day nursery, nursery school or adult day-care center. This term does not include a family day-care home, adult family home or kindergarten through grade 12 schools - public or private.
[Added 11-3-2022 by Ord. No. 199]
DEVELOPMENT
Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
DISTRICT, BASIC
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as Residential, Commercial, and Industrial District classifications).
DISTRICT, OVERLAY
Overlay districts provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DOMESTIC ANIMAL
Any of the following:
A. 
An animal that is a member of a species that has been domesticated by humans.
B. 
A farm-raised deer, farm-raised game bird, or farm-raised fish.
C. 
An animal that is listed as a domestic animal by rule of the Wisconsin Department of Agriculture, Trade and Consumer Protection or its successor agency.
DONATION DROPOFF
Any container, storage unit or structure, other than an accessory building or shed complying with all building codes and land use requirements, that can be or is used for the holding of charitable or for-profit donations with collection of these donations made at a later date or time and which is located for such purposes outside an enclosed building.
DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT
Any establishment that provides service or delivery of goods directly to an occupant within a vehicle, which may include businesses such as a restaurant, bank or grocery store.
[Added 11-3-2022 by Ord. No. 199]
DRY CLEANING, PICKUP ONLY
An establishment that provides only on-site pickup of dry cleaning; where the process of removing dirt, grease, paint, spot, stains or any other form of foreign matter from wearing apparel or household furnishings by any means other than washing with soap or detergent or water is accomplished off site.
[Added 11-3-2022 by Ord. No. 199]
DUPLEX
See "two-family dwelling."
ENVIRONMENTAL CONTROL FACILITY
Any facility, temporary or permanent, which is reasonably expected to abate, reduce, or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste or thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
ESTABLISHED STREET GRADE
The elevation of the finished street at the center line or curb as fixed by the Village Engineer or by such authority as shall be designated by the Village Board to determine such an elevation.
FAMILY
The body of persons related by blood, marriage or adoption, or up to four unrelated persons who live together in one dwelling unit as a single housekeeping entity, as distinguished from a group occupying a club, fraternity, or hotel.
FAMILY DAY-CARE HOME
A dwelling licensed as a day care by the State of Wisconsin pursuant to § 48.65, Wis. Stats., where care is provided for not more than eight children.
[Added 11-3-2022 by Ord. No. 199]
FARMERS MARKET
A temporary, seasonal sales of locally grown and prepared agricultural products with a specified days and times of operation as approved in a plan of operation by the Plan Commission.
[Added 11-3-2022 by Ord. No. 199]
FEEDLOT, COMMERCIAL
A. 
A lot or facility used or proposed to be used for the confined feeding and/or holding of animals, exceeding 25 animal units per acre, for 30 or more continuous days per year on a 24 hours' per-day basis. One animal unit is equivalent to 1,000 pounds of live animal weight.
B. 
The intent of this definition is to clearly distinguish the feedlot type of farming situation, which concentrates large numbers of livestock on small acreage, from the more general kind of farm operation in which cultivation and livestock grazing or feeding is conducted on a smaller scale.
FENCE, DOG RUN
A fence creating a complete enclosure for the purpose of allowing a dog off-leash outside. Dog runs may be constructed of open or solid-type fencing. Chain-link fences are also permitted as dog run fences.
FENCE, OPEN
A substantially constructed fence made of picket, rail, wrought iron or a similar material that creates an enclosed area.
FENCE, ORNAMENTAL
Ornamental fences do not enclose or are part of any enclosure that acts as a retaining structure. Ornamental fences are intended to decorate, accent or frame a feature of the landscape; to identify a lot corner or a lot line; or to frame a driveway, walkway or planting bed and are often of the rail, split-rail, or wrought-iron type. Chain-link and picket fences are not permitted as ornamental fences.
FENCE, SOLID
A substantially constructed fence that creates an enclosed area and is more than 60% opaque.
FLAGS
A device generally made of flexible materials, such as cloth, paper, or plastic. They may or may not include text or lettering.
FLOODLANDS
For the purpose of this chapter, the floodlands are all lands contained in the regional flood or one-hundred-year recurrence interval flood.
FLOOR AREA
The total area on all floors, excluding crawl spaces, and attics without floors, as measured to the outside surfaces of exterior walls, and also excluding garages, carports, breezeways, open porches, balconies, and terraces.
FOSTER HOME or TREATMENT FOSTER HOME
A facility licensed and operated under the provisions of § 48.62, Wis. Stats., providing care and maintenance for no more than four children, or more if necessary to enable a sibling group to remain together for no more than six children or other rules promulgated by the State of Wisconsin.
[Added 11-3-2022 by Ord. No. 199]
FRONT LOT LINE
A line dividing a lot from any public street except a limited access street to which the lot has no access.
GALLERY
An establishment for creating, teaching and exhibiting works of art for sale.
[Added 11-3-2022 by Ord. No. 199]
GARAGE
See "private garage," "gas station," "motor vehicle, body shop," "motor vehicle, general repair and service" and "storage garage."
GAS STATION
An establishment limited to the retail sales of motor vehicle fuels, oils and accessories, where repair service, if any, is incidental. May include the sale of propane or kerosene as accessory uses.
GAS STATION MINI MART
A retail store with a floor area of less than 2,500 square feet that sells groceries and motor vehicle fuels, oils and accessories, where repair service, if any, is incidental. May include the sale of propane or kerosene as accessory uses.
GENERAL FARM
A tract of land devoted principally to the raising of crops that may or may not be associated with livestock grazing.
GROUND FLOOR
That level of a dwelling, below the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor line at grade.
GUYED TOWER
A communications tower that is supported, in whole or in part, by guy wires and ground anchors.
HEIGHT OF BUILDING OR STRUCTURE
The vertical distance from the average established street grade in front of the lot, or the finished grade at the building or structure line, whichever is highest, to the highest point of the structure, the coping of a flat roof, the deckline of a mansard roof, or the average height of the highest gable of gambrel, hip, or pitch roof.
HOME OCCUPATION
An occupation carried out in a dwelling unit by the resident that is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes.
HORTICULTURE
The culture of growing and cultivating fruits, flowers, and related plant material.
HOTEL
A building in which lodging, with or without meals, is offered for compensation and which may have more than five sleeping rooms for this purpose. Hotels include motels but do not include hospitals or nursing homes.
INDUSTRIAL
An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food, textile, leather, wood, paper, chemical, plastic or metal products, but does not include basic industrial processing from raw materials.
[Added 11-3-2022 by Ord. No. 199]
KENNEL
An establishment, structure, or premises where dogs or cats are raised, sold, bred, boarded, or groomed. The occasional raising of not more than two litters of dogs or cats within a one-year period on the premises and the disposal of said litter within six months of their birth shall not be considered a commercial kennel. Where one or more members of a family retain more than three adult dogs or cats over six months of age, the property shall be considered a commercial kennel for purposes of this chapter and shall be subject to the regulations established for commercial kennels.
LATTICE TOWER
A guyed or self-supporting three- or four-sided, open, steel frame structure used to support communications equipment.
LEGAL NONCONFORMING LOT
A legally recognized lot which existed at the time of passage of this chapter, but which does not conform to the district regulations in the district in which it is located.
LEGAL NONCONFORMING STRUCTURE
A building, structure, or portion thereof, lawfully existing at the time of the passage of this chapter, but which does not conform in one or more respects to the regulations of this chapter.
LEGAL NONCONFORMING USE
The use of a building, structure, or land lawfully carried on at the time of passage of this chapter or amendments thereto, but which does not conform to the use regulations of this chapter.
[1]
LIVESTOCK
Domestic animals traditionally used in this state in the production of food, fiber or other animal products. For the purpose of this chapter, "livestock" includes equine and bovine animals, swine, poultry, sheep, goats, llamas, and alpacas. Livestock are permitted only in the A-1 Agricultural District in accordance with regulations of § 250-12.
LOADING AREA
An off-street space on the same lot with the building or group of buildings it serves for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOCAL STREET
A local street is arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.
LOT
A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet lot width, lot frontage, lot area, setback, yard, parking, and other requirements of this chapter.
LOT AREA
The area of contiguous land bounded by lot lines, exclusive of land provided for public thoroughfares.
LOT DEPTH
The mean horizontal distance measured between the street right-of-way line and the opposing rear line or lines of the lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
The horizontal distance measured between side lot lines at the building setback line.
MEDICAL OFFICE OR CLINIC
An office for a single care provider or a clinic for multiple care providers, delivering physician, dentist, optometrist or chiropractor or similar type of medical service to patients. This category may include day surgery, but overnight stay of patients is not allowed.
[Added 11-3-2022 by Ord. No. 199]
MONOPOLE TOWER
A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
MOTOR VEHICLE
A self-propelled vehicle, including a combination of two or more vehicles or an articulated vehicle. "Motor vehicle" includes a snowmobile or an all-terrain vehicle. "Motor vehicle" does not include a recreational vehicle, a boat, an aircraft, a vehicle operated exclusively on rails, or an electric personal assistive mobility device.
MOTOR VEHICLE SALES FACILITY
An establishment, including open areas other than a street or right-of-way, for the display, rental or sale of motor vehicles.
MOTOR VEHICLE, BODY SHOP
An establishment for the repair or straightening of motor vehicle bodies or frames, or the painting of motor vehicles. Maintenance, service, engine repair, vehicle sales and rental may be available as an ancillary function of the bodywork.
MOTOR VEHICLE, COMMERCIAL
Any vehicle used or designed to be used for business or commercial purposes that includes, but is not limited to, a bus, cement truck, commercial tree-trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semi-tractor, semitrailer, stake bed truck, step van, tank truck, tar truck, or other commercial-type vehicle licensed as a commercial vehicle or truck.
MOTOR VEHICLE, GENERAL REPAIR AND SERVICE
An establishment for the maintenance, service, and engine repair of motor vehicles. Vehicle sales and rental may be available as an ancillary function of the bodywork.
MULTIPLE-FAMILY DWELLING
A residential structure designed for or occupied by three or more families. The number of families shall not exceed the number of dwelling units provided.
NAVIGABLE WATER
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
For the purpose of this chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
NONCONFORMING USES OR STRUCTURES
Any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendment thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements is considered a nonconforming structure and not a nonconforming use.
NURSING HOME
An establishment where five or more persons because of their mental or physical condition reside together as their primary residence as a single housekeeping unit, receive care or treatment, and require access to twenty-four-hour nursing services, including limited nursing care, intermediate-level nursing care and skilled nursing care, as defined in Wisconsin Statutes.
[Added 11-3-2022 by Ord. No. 199]
OFFICE, GENERAL
A use of a building for business, professional or administrative offices. A general office is characterized by a low proportion of vehicle trips attributable to visitors or clients in relationship to employees. Examples include, but are not limited to, data management, interior design, graphic design, investment or nonprofit agency. The term does not include a bank or other financial institution or the office of a physician, dentist, optometrist or chiropractor. (See also definitions of "professional office" and "medical office or clinic.")
[Added 11-3-2022 by Ord. No. 199]
OUTHOUSE
A facility designed to accommodate the elimination of human wastes directly into a hole or earthen pit without running water. Same as "privy."
OUTSIDE FOOD AND BEVERAGE SERVICE
An establishment providing food and/or beverage service typically with associated seating outside of a physical building or structure, where the service is part of food and/or beverage service within the physical building or structure located on the same property. This category of use does not apply to any fund-raising or community event on public or nonprofit owned property that may require approval through another section of the Village's Code.
[Added 11-3-2022 by Ord. No. 199]
PARTIES IN INTEREST
All abutting property owners, all property owners within 100 feet, and all property owners of opposite frontage.
PERSONAL SERVICE ESTABLISHMENT
An establishment providing services which are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, tanning salon, tattoo parlor and massage establishment (with state license). This term does not include a portrait studio, dry-cleaning establishment, laundromat, health club or repair shop for household items, or any use allowed under the definition of "consumer service."
[Added 11-3-2022 by Ord. No. 199]
PLANTING SCREEN
An area landscaped with natural growing plant material, which effectively screens from vision the objects it is intended to hide from view.
PORTABLE STORAGE STRUCTURE
Any container, storage unit, shed-like container, tent, fabric, plastic, cloth-covered frames, inflatable buildings, or other portable structures, other than an accessory building or shed complying with all building codes and land use requirements, that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building.
PRIMARY FLOOR AREA
The floor area of a building for purposes of determining required parking ratios, which area shall include only that portion of the total floor area devoted to the permitted and/or accessory uses. Utility, hallway, and similar spaces, which do not generate parking demand, shall not be included.
PRINCIPAL BUILDING OR STRUCTURE
The main building on a lot intended for primary use as permitted by the regulations of the district in which it is located. Any building intended to be used for human habitation shall constitute a principal building.
PRINCIPAL USE
The main or primary use of property or buildings as specified and permitted by the regulations of the district in which it is located.
PRINTING/PUBLISHING
An establishment equipped for preparing and issuing three-dimensional, electronic or printed materials for sale in limited quantities.
[Added 11-3-2022 by Ord. No. 199]
PRIVATE GARAGE
A private garage is a structure or part of a structure where private vehicles are kept for storage purposes only and where such use is accessory to the principal use of the property on which it is located.
[2]
PROFESSIONAL OFFICE
The office of an accountant, architect, attorney, auctioneer, engineer, insurance agent, landscape architect, land surveyor, musician, real estate broker or other similarly recognized professional person. This category does not include any use listed within the definition of "medical office or clinic."
[Added 11-3-2022 by Ord. No. 199]
PUBLIC UTILITY AND ESSENTIAL ACCESSORY STRUCTURES
All those buildings and other facilities, excluding wireless communications facilities, employed in the distribution of public utilities such as electric, telephone, gas; and distribution and collection systems such as water, sanitary sewer and stormwater; transmission stations; electrical substations, and the like, but excluding service yard and business offices.
[Added 11-3-2022 by Ord. No. 199]
PYRAMIDING
Providing riparian access to bodies of water over private lots or lands in a manner so as to increase the number of families that have access to the water to greater than that permitted in the use regulations for each district. Normally such use of lake frontage shall be restricted to not more than one family for each 100 feet of lake frontage except where existing substandard lots are present which have less than 100 feet of lake frontage. Public access points shall not fall within this definition.
REAR LOT LINE
A rear lot line is the lot line opposite the front lot line. In the case of an irregular, triangular, or gore-shaped lot, the rear lot line is a line 10 feet in length entirely within the lot, parallel to and most distant from the front lot line.
REAR YARD
The yard extending across the full width of the lot whose depth is measured from the rear lot line to the nearest point of the principal building or structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.
RECREATIONAL VEHICLE
A vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camping, travel or similar use; either mounted on wheels or designed to be mounted upon and carried by another vehicle. This definition is intended to include a travel vehicle, motor home, camping trailer, camp bus, house bus and truck camper unit of walk-in capacity.
RESTAURANT
Any building, room or place where meals are prepared or served or sold to transients or the general public, and all places used in connection with it. "Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant" does not include:
A. 
Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.
B. 
Churches, religious, fraternal, youth or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve or sell meals to transients or the general public.
C. 
Any public or private school lunchroom, or a private individual selling foods from a movable or temporary stand at public farm sales.
D. 
Any bed-and-breakfast establishment that serves breakfast only to its lodgers.
E. 
The serving of food or beverage through a licensed vending machine.
F. 
Any college campus, institution, or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly person under § 36.51 or 38.36, Wis. Stats.
G. 
A concession stand at a locally sponsored civic or sporting event, such as a Little League game.
RETAIL ESTABLISHMENT, GENERAL
An establishment providing retail sale of new products to the public and rendering services incidental to the sale of such products, including but not limited to sales of art supplies and picture frames, art works, auto parts, bicycles, books, newspapers and magazines, collectibles, dry goods, notions and novelties, flowers and plants, food and beverages, furniture and floor coverings, hobbies, toys and games, household goods, jewelry, luggage, major appliances, music recordings and electronic devices, paint and wallpaper, pets, pharmaceutical products, photo equipment and processing, sewing apparatus, sporting goods, stationery, tobacco products and wearing apparel. This term also includes, but is not limited to, a grocery store, specialty food store, antique store, liquor store, butcher shop, delicatessen, furniture or appliance rental establishment or video rental or sales business. This term does not include an adult bookstore or the sale or offering of any items defined as adult, and this term does not include any use listed within this chapter allowed as a permitted or conditional use.
[Added 11-3-2022 by Ord. No. 199]
ROAD
A public right-of-way, not less than 50 feet wide, usually affording primary access to abutting property.
ROADSIDE STAND
A farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the sale of the farm products raised on said farm.
SELF-SUPPORTED TOWER
A communications tower that is constructed without guy wires and ground anchors.
SETBACK
The required distance between the nearest roofed or enclosed portion of a building and any lot line for the lot on which the building is located.
SHORELANDS
Those lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where: (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were non-navigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.
SIDE LOT LINE
A lot line extending from a street line towards the interior of the block and separating adjoining lots.
SIDE YARD
An open space between the principal building or structure and the side lot line is a side yard. Side yards extend from the front or street yard to the rear yard. The width of a side yard is the horizontal distance from the nearest part of the side lot line to the nearest point of the principal building or structure.
SIGN
Signs are any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known, which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product, and which are visible from any public street or highway.
SIGN AREA
That area of copy enclosed by one continuous line, connecting the extreme points or edges of a sign face. The area shall be determined using the largest sign area or silhouette visible at any one time from any point. This area includes ornamental attachments but does not include the main supporting sign structure.
Determining Sign Area
Rectangular Shaped Signs
250 Rectangular Shaped Signs.tif
Irregularly Shaped Signs
250 Irregularly Shaped Signs.tif
SIGN, AWNING
A nonilluminated identification sign affixed flat to the surface of an awning and not extending vertically or horizontally beyond the limits of such awning.
SIGN, CANOPY
A sign suspended from or forming part of a canopy or marquee, and which does not extend horizontally beyond the limits of such canopy or marquee.
SIGN, FREESTANDING
Any sign that is supported by a pole or pylon and is independent from any building.
SIGN, GROUND
Collectively, freestanding and monument signs.
SIGN, MONUMENT
A sign independent from any building that has a structural base of not less than 75% of the width of the sign face. [Ex.: A sign with a face eight feet wide would require a structural base of six feet or more in length.]
SIGN, PROJECTING
A sign other than a wall sign, attached to or supported by a building or structure and projecting more than 12 inches from the face of the building or structure.
SIGN, ROOF
A sign erected on or over the roof of a building.
SIGN, WALL
A sign that is attached to a wall of a building, projects not more than 12 inches from such wall, and does not extend above the ceiling line of the top floor of the building.
SIGN, WINDOW
A sign painted on or affixed to a window.
SIGNABLE AREA
The signable area of a building is a designated area of the facade of the building, up to the roofline, which is free of windows, doors, or major architectural detail. In computing signable area, only a building facade that faces a public street right-of-way may be utilized.
SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively by one family.
SPECIAL EXCEPTIONS
A special or unique situation, excluding a change in use or a use prohibited in a zoning district, which may be authorized by the Plan Commission and is specifically set forth in the chapter as a special exception and which may justify the waiver of the regulations applicable thereto and does not necessarily require the demonstration of an unnecessary hardship or practical difficulty, but is consistent with the purpose of this chapter, as set forth in § 250-2.
SPECIAL USE SYSTEMS
Accessory structures, not including wireless communications facilities, that may be mounted on the ground surface or upon another structure for the purpose of receiving satellite communication transmissions or retransmissions; for the purpose of solar collection for heating; for the purpose of generating electrical power by use of windmills. Solar energy conversion systems shall mean only "active" solar collection systems not constructed as an integral part of a building.
SPECIALTY BEVERAGES AND FOOD
An establishment engaged in the small-scale production and packaging of beverage and food products for sale to online, retail or service customers. This term does not include consumer products.
[Added 11-3-2022 by Ord. No. 199]
STABLE
Any building or premises where at least one draft animal or saddle horse is equipped, rented, hired, sold, or kept for monetary gain as a business.
STORAGE GARAGE
Any building or premises used only for the storage of motor-driven vehicles, under previous arrangements and not to transients, where no equipment, parts, fuel, oil, or grease is sold, and where vehicles are not equipped, serviced, repaired, hired or sold for monetary gain as a business.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it; or if there be no floor above it, then the space between the floor and the ceiling next above it. While a ground floor shall be deemed a story for purposes of height regulation and floor area computation, a basement shall not be.
STREET
Same as "road."
STREET LINE
A dividing line between a lot, tract, or parcel of land and a contiguous street.
STREET YARD
A street yard extends across the full width of the lot, the depth of which is measured from the existing or proposed street or highway right-of-way line to the nearest point of the principal building or structure. Corner lots shall have two such yards.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTURE
Anything constructed or erected permanently on or in the ground or as attachment to something having a permanent location on the ground. Decks, porches or stairways that are not roofed or enclosed shall be considered a structure.
SUBSTANDARD LOT OF RECORD
A lot which was in a subdivision or certified survey map recorded in the Waukesha County Register of Deeds office prior to the effective date of this chapter and which does not contain sufficient lot area or lot width to conform to the requirements of this chapter.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions, or (b) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.
SWIMMING POOL
A structure, designed to hold water more than 24 inches deep, for the purpose of swimming.
TAVERN
An establishment licensed to provide alcoholic beverages to the public, where food or packaged beverages may be served or sold only as accessory to the primary use, as may be allowed by licensing. This term does not include an assembly hall or a recreation facility.
[Added 11-3-2022 by Ord. No. 199]
TEMPORARY STRUCTURE
A movable structure not designed for human habitation or occupancy but for the temporary protection of goods or chattels during a period of construction, for the enclosure or screening of goods or property, or the display of signs and advertising.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television towers, alternative tower structures, and the like.
TWO-FAMILY DWELLING
A single building designed for and occupied by not more than two families.
UNMANNED DELIVERIES
When products or goods from a business allowed as a permitted or conditional use are delivered to off-site customers by means of a vehicle or device not occupied by a human.
[Added 11-3-2022 by Ord. No. 199]
UNNECESSARY HARDSHIP
That circumstance where special conditions, which were not self-created, affect a particular property and make strict compliance with the restrictions governing dimensional standards (such as area, setback and other yard requirements, frontage, or height) unnecessarily burdensome or unreasonable in light of the purpose of this chapter. Unnecessary hardship is present only where, in the absence of a variance, no reasonable use can be made of the property.
VARIANCE
An authorization granted by the Board of Zoning Appeals to construct, alter, or use a building or structure in a manner that deviates from the dimensional standards of this chapter. A variance may not permit a use of property that is otherwise prohibited by the chapter.
VISION SETBACK
An unoccupied triangular space at the street corner of a corner lot.
WETLAND
An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
WIRELESS COMMUNICATIONS FACILITY
An all encompassing definition; any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or other spectrum-based transmissions/receptions, and not associated with a public utility.
YARD
A yard is an open space which is unoccupied and unobstructed from the ground upward, except for vegetation, and is on the same lot or parcel with a structure. The street and rear yards extend the full width of the lot.
[1]
Editor's Note: The former definition of "light industrial use," which immediately followed this definition, was repealed 11-3-2022 by Ord. No. 199.
[2]
Editor's Note: The former definitions of "professional office," "public and semi-public building" and "public utility," which immediately followed this definition, were repealed 11-3-2022 by Ord. No. 199.