For the purposes of this chapter, the following definitions shall be used. 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 optional.
ABUTTINGHaving a common property line or district line.
ACCESSORY USE, BUILDING OR STRUCTUREA use, building or structure on the same lot of record with and of a nature customarily incidental and subordinate to the principal use, building or structure.
ALLEYA special public right-of-way affording only secondary access to abutting properties. An alley is not considered a street.
APARTMENTA portion of a multiple dwelling used as a separate housing unit and having cooking facilities and a private bath.
ARTERIAL STREETA public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as arterial streets, highways, and parkways.
BASEMENTA story partly underground with at least 1/2 of its height below the average level of the adjoining ground.
BED-AND-BREAKFAST INNAny place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner’s personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
BILLBOARDAn off-premises advertising sign with a copy area greater than 100 square feet.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
BLOCKA tract of land bounded by streets or by a combination of streets and public parks, or other recognized lines of demarcation.
BOARDINGHOUSEAny dwelling in which unrelated persons are housed or lodged for compensation with or without meals, having not more than 10 sleeping rooms and not open to transient customers.
BUILDINGAny structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
BUILDING AREAThe total living area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, decks, breezeways, and unfinished attics.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the finished grade along the street yard face of the structure to the highest point of the roof.
BUILDING INSPECTORThe employee of the Village officially designated to administer Chapter
14, Building Code, and this chapter. The Building Inspector is also referred to as the "Zoning Inspector."
BUILDING LINE, FRONTA line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.
BUILDING, PRINCIPALThe main structure on a lot of record which houses the principal use of the premises.
BUSINESSA commercial establishment engaged in the purchase and sale of goods and services (not including manufacturing or industrial establishments).
CANOPY or MARQUEEA roof-like structure, of a permanent nature, which projects from the wall of a building.
CERTIFICATE OF OCCUPANCYA written statement issued by the Zoning Inspector which permits the use of a building or lot or a portion of a building or lot, and which certifies compliance with the provisions of this chapter for the specified use and occupancy.
CERTIFIED SURVEY MAPA map or plan of record of a land division, not a subdivision, meeting all the requirements of § 236.34, Wis. Stats., and of this chapter.
CHILD DAY-CARE CENTERAny person, group of persons, agency, association or organization licensed by the State of Wisconsin who or which regularly provides day care for less than 24 hours per day for four or more children, unrelated to the operator of the facility. The term "child-care center" includes facilities commonly called "day-care centers," "day nurseries," "nursery schools," and "kindergartens," but does not include any state-operated institution for child care, any juvenile detention home, any licensed nursing home, or any bona fide boarding school.
CLINIC (MEDICAL)A building used by a group of doctors, dentists or other licensed professionals for the examination or treatment of persons on an outpatient or nonboarding basis only.
CLUBA building owned, leased or hired by a nonprofit association of persons, who are bona fide members paying dues, the use of which is restricted to said members and their guests.
COLLECTOR HIGHWAYServes as a linkage between local roads and arterials. "High" collectors serve neighborhoods exceeding 200 population and significant recreational centers. "Low" collectors deemphasize mobility and carry generally low traffic volumes.
COMMON AREAThat area in a development, including common open space, owned or leased and maintained by an association or other combination or persons for the benefit of the residents of the development, including all common elements designated for the use of all dwelling unit owners (streets, driveways, parking lots, tennis courts, clubhouses, etc.).
[Added 4-4-2001 by Ord. No. 2000-19]
COMMON OPEN SPACELand within or related to a development that is designated and intended for the common use or enjoyment of the residents of that development and their guests (not including streets, parking lots, and areas set aside for public facilities).
[Added 4-4-2001 by Ord. No. 2000-19]
COMPREHENSIVE PLANThe plan for guiding and shaping the growth and development of the Village, including all of the component parts, as prepared by the Plan Commission and certified to the Village Board.
[Added at time of adoption of Code (see Ch. 1, General Government, Art. V)]
CONDITIONAL USESAny lawful use of a building or lot which complies with the provisions of this chapter.
[Amended 4-4-2001 by Ord. No. 2000-19]
CONFORMING USEAny lawful use of a building or lot which complies with the provisions of this chapter.
DEVELOPERAny person, firm, partnership, corporation, association, estate, trust or other legal entity requesting review or action on a development.
DEVELOPMENTA land division, subdivision or planned development.
DEVELOPMENT PLANA total site plan for an area of land 80 acres or more in size under the control of a developer at the time of submission for review. Such plan specifies and illustrates the location, relationship and nature of all uses, easements, streets, pedestrian paths, common open space and other public ways.
DWELLINGA detached building designed or used exclusively as a residence or sleeping place, but does not include boarding- or lodging houses, motels, hotels, tents, cabins, or mobile homes.
DWELLING UNITA building or portion thereof, designed or used exclusively as the living quarters for one or more persons living, sleeping, cooking and eating on the same premises as a housekeeping unit.
DWELLING, MULTIPLEA building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels and group houses.
DWELLING, ONE-FAMILYA detached building designed, arranged or used for, and occupied exclusively by one family.
DWELLING, TWO-FAMILYA structure designed exclusively for human habitation containing two dwelling units, with each dwelling unit having its own entrance, not accessible from the entrance of the other dwelling unit. Two-family dwellings include:
[Amended 4-5-2006 by Ord. No. 2006-08]
(1) A duplex, which is a structure situated on one lot where the dwelling units are separated by a vertical wall;
(2) A two-flat, which is a structure situated on one lot where one dwelling unit is a floor above the second dwelling unit; and
(3) A zero lot line dwelling, which is a dwelling that is part of a single structure consisting of two residential dwelling units, each situated on its own lot and each having a common property line where the residential dwelling units meet and are attached.
EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
EMERGENCY SHELTERPublic or private enclosures designed to protect people from aerial, radiological, biological, or chemical warfare; fire, flood, windstorm, riots, and invasions.
ESSENTIAL SERVICESServices provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, lift stations, and hydrants, including buildings accessory to the essential use.
EXPRESSWAYA divided principal or primary arterial highway with full or partial control of access and with or without grade-separated intersections.
FAMILYOne or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
FARMLand consisting of two or more acres on which produce, crops, livestock or flowers are grown primarily for off-premises consumption or use.
FENCEAny construction of wood, metal, wire mesh, masonry, or other material, erected for the purpose of assuring privacy or protection.
FLOOR AREA(1) For residential uses, the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, and basements, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units.
(2) For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the center line of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements, and similar areas devoted to such uses.
FREEWAYAn expressway with full control of access and with fully grade-separated intersections.
GARAGE, PRIVATEA detached accessory building or portion of the main building designed, arranged, used or intended to be used for the storage of automobiles, recreational vehicles, mowers or vehicles, other than trucks exceeding 24 feet in length, belonging to the occupants of the premises.
GIFT STORESRetail stores where items such as art, antiques, jewelry, books, and notions are sold.
GOVERNMENT BUILDINGSA building or structure owned by a unit of government and used in fulfilling its statutory mandate. Government buildings may include but shall not be limited to public schools, township structures, Village structures, fire stations and public libraries.
GREENFIELDThe placement of development, including buildings, structures, pavement, utilities or stormwater management facilities, on a property that is currently vacant or developed solely with farm-related buildings, structures and pavement.
[Added 2-5-2003 by Ord. No. 2003-07]
GREENWAYAn open area of land included under the definition of "parkway," the primary purpose of which is to carry stormwater on the surface of the ground in lieu of an enclosed storm sewer. Greenways may serve the following multiple public purposes in addition to their principal use, including, but not limited to, vehicular and/or pedestrian traffic, sanitary sewers, water mains, storm sewers, stormwater retention basins, park development and other related uses.
HARDWARE STORESRetail stores where items such as plumbing, heating, and electrical supplies, sporting goods, and paints are sold.
HOME DAY-CARE PROVIDERA home which provides care for not more than eight children, at any given time, for less than 24 hours per day. All applicable state licensing requirements shall be satisfied.
[Added 9-6-2006 by Ord. No. 2006-20]
HOME OCCUPATIONUse of a portion of a dwelling within a residential district for an accessory use, of a business or commercial nature, of a dwelling unit which is carried on by the person or persons residing in that unit.
HOTELAn establishment for transient guests having more than six sleeping rooms without individual cooking facilities.
IMPERVIOUS LOT AREARoof areas, concrete, gravel or bituminous surfaces, sidewalks, decks or other hard surface areas.
INFILLA new building containing a principle land use, or an addition to an existing building containing a principle land use, that is located on a lot that is abutted along two or more edges by properties developed with a building that is more than 20 years old.
[Added 2-5-2003 by Ord. No. 2003-07]
INTERCHANGEA grade-separated intersection with one or more turning lanes for travel between intersection legs.
JUNKYARDAn area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase of storage of used furniture and house equipment or used cars in operable condition.
LAND DIVISIONThe division of a lot or parcel of land for the purpose of transfer of ownership or building development, where the act of division creates fewer than five parcels, lots or building sites, any one of which is 35 acres or less in area. The successive land division of a lot or parcel shall not create more than four parcels in any five-year period.
LOADING AREAA complete 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.
LOCAL HIGHWAYRoads which are intended to move vehicles from individual parcels to the higher-order road systems, and should not carry through traffic. Local roads carry low traffic volumes.
LOTA parcel of land that is designated by its owner or developer at the time of applying for a zoning certificate (or, if no zoning certificate is required, at the time of applying for an occupancy certificate) as a tract, all of which is to be used, developed, or built upon as a unit under single ownership.
LOT AREAThe area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear line of a lot, measured within the lot boundary.
LOT LINE, FRONTThe front lot line, in the case of a lot abutting upon only one street, shall mean the line separating such lot from such street. In the case of any other lot, all lot lines abutting a street right-of-way shall be a front lot line.
[Amended 7-10-2019 by Ord. No. 2019-03]
LOT LINE, REARThat lot line which is opposite and most distant from the front lot line, except for corner lots as defined above. In the case of an irregular or triangular-shaped lot, a line 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 purposes of determining depth of rear yard. In cases where none of these definitions is applicable, the rear lot line shall be designated by either the Village Administrator or the Village Building Inspector. Corner lots shall have no rear lot line.
[Amended 7-10-2019 by Ord. No. 2019-03]
LOT LINE, SIDEThe boundary of a lot which extends from the front lot line to the rear lot line, except for corner lots as defined above. Corner lots shall have two side lot lines, both of which are opposite the front lot lines.
[Amended 7-10-2019 by Ord. No. 2019-03]
LOT LINESLot lines shall mean the property lines bounding the lot.
LOT OF RECORDA lot which is recorded in the office of the County Register of Deeds.
LOT WIDTHThe 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 or, when approved by the Plan Commission, at the required setback line where noted on the plat or land division map and such setback is greater than the required front yard.
LOT, CORNERA lot of which at least two adjacent sides abut for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135°. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its point 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 less than 135°. All corner lots shall have two front yards, two side yards and no rear yard.
[Amended 7-10-2019 by Ord. No. 2019-03]
LOT, STANDARDA standard lot is any lot that is not defined as a corner lot. It shall have a front and rear yard with two side yards.
[Added 7-10-2019 by Ord. No. 2019-03]
LOT, THROUGHA lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT, ZONINGA parcel of land composed of one or more lots of record, occupied or to be occupied by a principal building(s), or principal use(s), along with permitted accessory buildings or uses, meeting all the zoning requirements of the district in which it is located.
MACHINE SHOPSShops where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating and electrical repair and overhaul shops.
MINOR STRUCTURESAny small, movable accessory erection or construction, such as birdhouses; tool houses; pet houses; play equipment; arbors; and walls and fences under four feet in height.
MOBILE HOMEManufactured housing built on a chassis, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.
MOBILE HOME PARKAny lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.
MOTELA group of attached or detached buildings containing individual living or sleeping units where a garage, carport or parking space is conveniently located for each unit, all for temporary use by tourists or transients.
[Amended 1-3-2001 by Ord. No. 2000-22]
MOTOR VEHICLESAutomobiles, trucks, and vans.
[Added 1-3-2001 by Ord. No. 2000-22]
NONCONFORMING USE, BUILDING OR STRUCTUREA use, building or structure lawfully existing at the time of adoption of this chapter, or any section thereof, but which because of the application or this chapter or any amendment hereto, does not conform to the provisions of this chapter.
[Amended 1-3-2001 by Ord. No. 2000-22]
NURSING HOMEAny building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
OFFICIAL MAPThe map indicating the location, width and/or extent of existing and proposed streets, highways, parkways, parks and playgrounds as adopted by the Village pursuant to § 62.23(6), Wis. Stats.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public use or enjoyment or for the private use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
[Added 4-4-2001 by Ord. No. 2000-19]
PARCELContiguous lands under the control of a subdivider not separated by streets, highways or Military Ridge Trail rights-of-way.
PARKING FACILITY/LOTA structure or an open space other than a street or alley used for temporary parking of more than four self-propelled vehicles and available for public uses, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACEA graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PERSONAL AND PROFESSIONAL SERVICESUses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or by-appointment basis. Examples of such uses include professional services, insurance or financial advice, realty offices, medical offices and clinics, veterinary clinics (without kennel), barber and beauty shops, and other similar land uses. Personal and professional service land uses require a minimum of one parking space per 300 gross square feet.
[Added 10-5-2005 by Ord. No. 2005-20]
PLANNED AREA DEVELOPMENTA tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and of a substantially different character than that of surrounding areas.
PLATA map of a subdivision.
PRIVATE OPEN SPACEOpen space which is normally limited to the use of the occupants of a single dwelling or building or property that abuts such open space.
[Added 4-4-2001 by Ord. No. 2000-19]
PROFESSIONAL HOME OFFICESResidences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professionals where the office does not exceed 1/2 the area of only one floor of the residence and only one nonresident person is employed.
PUBLIC OPEN SPACEOpen space which is owned and maintained by a public agency for use and enjoyment of the general public.
[Added 4-4-2001 by Ord. No. 2000-19]
PUBLIC WAYAny public road, street, highway, walkway, drainageway, greenway, parkway or part thereof.
RAILROAD RIGHT-OF-WAYA strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REDEVELOPMENTThe modification of development on a property, including building additions or demolitions, modifications to pavement, parking lot layout or traffic flow, and interior or exterior structural alterations.
[Added 2-5-2003 by Ord. No. 2003-07]
RESIDENCEA building designed or used exclusively as a permanent living quarters, excluding mobile homes as herein defined.
SATELLITE EARTH STATIONA dish or similar shaped antenna, with a diameter greater than two feet, designated to receive signals from earth-orbiting satellites.
SETBACKThe minimum distance from a particular lot line that a building or other structure may be constructed, erected or maintained. Setback requirements shall be as hereinafter set forth for specific zoning districts, except that in the case of corner lots, both street yards shall meet the minimum front yard requirements, and the remaining two yards shall meet the minimum side yard requirements of that particular zoning district.
SEXUALLY ORIENTED LAND USESSexually oriented land uses include any use oriented to the display of sexually oriented materials, including videos, movies, slides, photos, books, or magazines; or actual persons displaying and/or touching sexually specified areas. Examples include sexually oriented video stores, bookstores, movie theaters, clubs or similar land uses.
SHOPPING CENTERA building or group of buildings containing three or more commercial retail establishments, personal service establishments, and/or restaurants constructed on a parcel of land under unified ownership or control, and planned and developed with unified building design and coordinated parking and service areas. (See "planned area development.")
SIGNSAny 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.
SMOKE UNITThe number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.
SPACE, PARKINGThe area required for parking one automobile, which, in this chapter, is an area 10 feet wide and 20 feet long, not including drive or passageways.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which, on at least two exterior walls, are not more than two feet above the floor of such story.
STREETA public or private thoroughfare which may either provide the principal means of pedestrian and/or vehicular access to abutting property or may provide for the movement of pedestrian and/or vehicular traffic, or both.
(1) Arterial streets and highways. Those streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances.
(a) Principal arterials. Streets serving the major interstate and interregional traffic corridors and providing the highest mobility level and a high degree of access control.
(b) Primary arterials. Streets serving major regions or connecting important cities and major intracommunity corridors in the metropolitan area. These routes provide high mobility and a high degree of access control.
(c) Standard arterials. Those streets which more commonly provide for intermediate length trips, thus serving through traffic movement in trade areas or feeding traffic to the principal and primary arterial streets from lower activity areas not served by such routes.
(2) Collector streets. Streets which provide moderate speed movement of persons and goods between major arterials and/or activity centers. They are basically local streets which usually, because of directness of routing and higher capacity, receive higher volumes of traffic to be distributed from or collected toward nearby arterial streets.
(3) Local streets. Streets designed for low speeds and low volumes which provide access from low-traffic-generating areas to collector and arterial streets.
(a) Commercial street. A local street serving a retail, general or commercial business district as defined in this chapter.
(b) Residential streets.
1. Type I. A subcollector street serving high-density residential area.
2. Type II. A standard residential street.
3. Type III. A street for low-density residences where provision is made for adequate off-street parking and where there is no through traffic.
(4) Marginal access streets (frontage roads). Streets parallel and adjacent to arterial streets and highways which provide access to abutting properties and separation from through traffic.
(5) Alley. A public right-of-way which affords a secondary means of access to abutting property.
(6) Dead-end streets. Streets closed at one end without turnarounds.
STRUCTURAL ALTERATIONSAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
STRUCTUREAny erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
TRAVEL TRAILERA vehicular portable structure, built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use, limited in weight or length to either a maximum weight of 4,500 pounds or a maximum length of 28 feet.
TURNING LANESAn existing or proposed connecting roadway between two arterial highways or between an arterial highway and any other highway. Turning lanes include grade-separated interchange ramps.
USEThe "use" of a property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this chapter.
UTILITIESPublic and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage treatment plants, municipal incinerators, warehouses, shops, and storage yards.
YARDThe open space between a lot line and a building line in which no structure may be located, except as provided in Article
VI of this chapter.
YARD, FRONTA yard extending along the full width of the front lot line between a street right-of-way line and the front yard building setback line as established by a zoning district.
YARD, REARA yard extending from the rear lot line along the full width of a rear lot line between a rear lot line and the required rear yard building setback line, inclusive of all yards that do not qualify as front and side yards.
YARD, SIDEA yard extending from the front lot line between the front yard building setback line and the rear yard building setback line.
YARD, STREETA yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
ZONING DISTRICTAn area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.