The total area of a parcel of land. One acre equals 43,560 square feet.

A measure of developable land area after excluding dedicated rights-of-way, waterways, and wetlands.

The reuse of a site/building for a purpose other than originally intended.

Utilities, roads and other infrastructure required by the City Code and adopted policies of the Common Council which are in place, or planned for within 24 months, to serve the most suitable ultimate development of a property as depicted in the adopted Comprehensive Plan.

The use of land for agricultural purposes, including farming, dairying, grazing land, animal and poultry husbandry, greenhouses, nurseries, livestock and poultry confinement, and including the necessary accessory uses for the packing, treating, storing, and shipping of farm products. The use of the word "farm" shall have the same meaning as the word "agriculture."

Uses that combine tourism and agricultural practices that include activities that bring visitors to a working farm or ranch for enjoyment and education.

A public or private way permanently reserved as a secondary means of access to abutting property.

The average number of cars per day that pass over a given point.

A roof-like cover that is temporary or portable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and is periodically retracted into the face of the building.

Any non-rigid temporary medium (typically although not exclusively rectangular in dimension) onto which characters and/or symbols are applied for the purpose of conveying a message. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be categorized as banners.[1]

A banner that is mounted on poles, lights (stanchions), etc., within a property, manufactured from a permanent-type material and professionally decorated.

A story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.

The land lying between the edge of the existing street right-of-way line and the base setback line.

The line from which all required setbacks are measured, which line corresponds to the established ultimate street right-of-way line.

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

A building or premises where meals and lodging are offered for compensation for five or more persons, but not more than 12 persons, and having no more than five sleeping rooms for this purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant. An establishment with more than five sleeping rooms shall be deemed a hotel or motel.

A detached accessory structure located close to the ordinary high-water mark and designed and used principally for the storage of boats and accessory marine equipment normally used in the daily activities of lakefront property and which typically includes a large overhead door for primary access on the side of the structure facing the water.

Any structure used, designed or intended for the roofed shelter, enclosure, or protection of persons, animals or property.

A building or portion of a building used for a purpose customarily incident to the permitted principal use of the lot or to a principal building and located on the same lot as the principal use.

Any building or portion thereof used for human habitation.

The vertical distance from a point on grade to the highest point measured.

The City Building Inspector or any other officer charged with the administration and enforcement of the Building Code or his duly authorized deputy.[2]

The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth.

The development plan for one or more parcels on which is shown the existing and proposed conditions of the lot, including topography; vegetation; drainage; floodplains; wetlands; waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs; lighting; berms, buffers, and screening devices; surrounding development; and any other information deemed necessary by the Public Works and Development Director or designee or the Plan Commission.

A vehicle designed to be towed or driven upon a highway, intended to be used for human habitation, up to 35 feet in length (see "recreational vehicle").

See "awning."

Written determination by the Public Works and Development Director or his designee that the requirements of this chapter pertaining to adequate public facilities are achieved.[3]

A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

A noncommercial area developed or to be developed for public or quasi-public administrative, cultural, or recreational use. Such facilities include but are not limited to libraries, community centers, parks and playgrounds, police stations, fire stations, or City Hall.

A group of people formally organized for a common and usually community-oriented interest.

Publication of a public hearing notice under Ch. 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

A group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed patient care.

An apparatus containing a light source and a reflector for projecting a high-intensity beam of light.

Squares, greens, neighborhood parks, City parks, and linear environmental corridors owned and maintained by the City.

The current adopted Comprehensive Plan of the City of Muskego.[4]

The curved edge of streets at an intersection measured at the outer edge of the street curb or of the parking lane.

The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of tract of land (in acres) within a development.

The numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including common open space and associated recreational facilities within the area, the result being the number of dwelling units per net residential acre of land. Net density calculations exclude dedicated rights-of-way, waterways, and wetlands.

Any artificial change to improve or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials; and public or private sewage disposal systems or water supply facilities.

Materials required by this chapter or Chapter 392, Land Division, of the City Code to be submitted for any building, site and operation plan, preliminary plat, final plat, certified survey map, and/or conditional use grant application.

The area made available by the sign structure for the purpose of displaying the advertising message.

Contains one or more of the following traits: excessive pealing paint, eroding message(s), dead landscaping (in season), missing pieces (access doors, excessive masonry decay, etc.), missing panels (message panels), and/or excessive rust.

A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

An application of SC-4 asphaltic material placed on a base of granular materials at a rate of 1.2 gallons per square yard for the first application, with additional applications of asphaltic material placed if deemed necessary by the City. Application of asphaltic material shall not be applied when the temperature is below 60° F.

A building or portion thereof designed for and occupied by two or more families, including two-family flats, apartment houses and apartment hotels.

A residential structure designed to house a single family unit from lowest level to roof, with private entrance, but not necessarily occupying a private lot, and sharing a common wall between adjoining units.

A residential structure designed to house a single family on a private lot and surrounded on all sides by a private yard.

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

An additional dwelling unit located within the principal dwelling on the lot, in a freestanding building or above a residential garage.

The removal of rock, slate, gravel, sand, topsoil, or other natural material from the earth by excavating, stripping, leveling or any other process.

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group of individuals occupying a boardinghouse, lodging house, club, fraternity or hotel.

An area used for growing of customary produce, including but not limited to vegetables, fruits, and grains, and for the packaging and storage of produce grown on premises, as well as for the raising thereon of the usual poultry and livestock such as horses and cattle, and not including commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of poultry or laboratory animals such as mice, rats, etc.[5]

The square feet of floor space within the outside line of walls, including the total of all space on all floors of a building or structure.

The measurement of a structure's living area from outside wall to outside wall, inclusive of closets, storage areas, and seasonal rooms, but excluding unfinished basements, unfinished attics, and attached garages.

The total floor area of buildings, expressed as a percentage ratio to the total area of the lot.

A public or private garage, the roof of which is connected to the principal building.

A structure in excess of 120 square feet used for the storage of private motor vehicles and which structure is accessory to the residential use of the property on which it is located.

Any garage not falling within the definition of "private garage" as herein established and used for storage, repair, rental or servicing of motor vehicles.

A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and including facilities for greasing, oiling, washing and minor repair of vehicles on the premises, but not including major automatic car washing or any body repair facilities.

The elevation of the finished street at the center line or curb as fixed by the Engineer or by such authority as shall be designated by law to determine such an elevation.

An attached or detached accessory building used to house guests of the occupants of the principal building and which is never rented or offered for rent.

Any type of structure designed and/or remodeled for residential use which as constructed (including the installation of utilities) would allow for normal unrestricted human occupancy. Final decision as to whether any boathouse or other type structure would be considered habitable will be determined by the City Engineer.[6]

See "street, major arterial."

A gainful occupation conducted by members of the family, within its place of residence, where the space used is incidental to residential use and no article is sold or offered for sale except as is produced by such home occupation.

Commercial or noncommercial cultivation of a garden or orchard.

An institution intended primarily for the medical diagnosis, treatment, and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed patient care.

An establishment providing for medical care and treatment of animal pets, but distinguished from a clinic by virtue of providing for bed patient care.

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, but not including kitchen facilities in individual rooms.

A human residence or dwelling.

Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, paved parking and driveway areas, patios, and sidewalks.

See "sign, inflatable."

An establishment where dogs or other animal pets not part of the actual household on the lot on which the facility is located are raised, bred, or boarded.

A noncommercial establishment associated with a single household in which dogs or other animals and pets are kept, bred, and raised.

A description of how property is occupied or utilized.

The zoning status of a structure or parcel of land which, or the use of which, though legal prior to the passage of this chapter, does not comply with one or more of the provisions of this chapter.

Include all the ultimate right-of-way, encompassing the traveling portion of the highway or street, the shoulders, the ditches, and adjacent dedicated areas.

Horses, cattle, sheep and goats kept or raised for domestic use, not including hogs/pigs or fur bearing animals.

A building where lodging only is provided for compensation and having not more than five sleeping rooms for this purpose.

A single parcel of contiguous land occupied or intended to be occupied by such structures and uses as permitted under this chapter, together with the open spaces required by this chapter, and abutting on a public street or officially approved way.

The area of contiguous land bounded by lot lines, exclusive of land provided for public thoroughfare, but including lands located between a meander line and the ordinary high-water mark (OHM) of a navigable waterway.

A parcel which fronts on two parallel streets or that fronts on two streets which do not intersect at the boundaries of the lot.

The lines bounding a lot as defined herein.

Permanent roofed structure attached to and supported by the building. See also "sign, projecting."

A building or series of buildings in which lodging only is offered for compensation and which may have more than five sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.

A residential dwelling unit of limited size and accessibility, attached to, and accessible from within, a primary residential structure. Such units are dependent upon said primary structure for basic services such as common electricity and plumbing facilities.

Artwork or other pictorial display judged by the Plan Commission, on referral of the Public Works and Development Director or designee, not to be signage and shall be exempt from this chapter.

A lot which does not conform to the lot size regulations of the district in which it is located.

A structure which does not conform to the building location, height or building size regulations of the district in which it is located.

A use of any land in a manner where said use does not conform to the use, residential density, or open space regulations of the district in which it is located.

An activity that was lawful prior to the adoption, revision, or amendment of this chapter but fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

The shortest horizontal distance between any structure and a lot line, other than a street line.

The area on a lot designed to accommodate a parked motor vehicle as an accessory service to the use of said lot and with adequate access thereto from the public street.[7]

An unoccupied space open to the sky on the same lot with the building and not used for parking or driveway purposes.

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

Land and structures along with accessory equipment designed and utilized for leisure time activities of a predominantly outdoor nature and of more specific purpose than passive park-like open areas, and further classified as follows:

The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records of the City of Muskego. "Owner" also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records but who presents to the municipality a copy of a deed or contract of sale showing date, book, and page of recording.

Tapered or dove-tailed banner, sign, streamer or flag, with or without any representation or writing thereon, and temporary in nature.[8]

The City of Muskego Plan Commission created under § 62.23(1), Wis. Stats., a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.

Any area where there are no more than three homes within a radius of 800 feet.

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 customer service, sales and office space and shall not include warehouse, utility, hallways and other accessory space which does not generate parking demand.

A structure or grounds used for regular or periodic meetings or gatherings of a group of persons organized for a nonprofit purpose, but not groups organized to render a service customarily carried on as a business.

A sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

The office of a doctor, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, artist, musician or other similar recognized profession.

Roads, sanitary waste facilities, potable water facilities, and drainage and stormwater facilities.

Any real property, easement, air space, or other interest in real estate, including a street, owned by or controlled by this municipality or any other governmental unit.

The Public Works and Development Director or his/her designee is the City officer charged with the administration and enforcement of this chapter (also Zoning Administrator).

The use of one travel lane on local streets with parking (usually an intermittent parking pattern) on both sides.

A sign having changeable letters used to announce special events, products, services or sales.

A vehicle designed to be towed or driven upon a highway, intended to be used for human habitation, exceeding 35 feet in length (see "camping trailer").

Synonymous with "street."

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.

A communications facility in which antennas are mounted to an existing structure, such as a building, silo, utility pole, water tower, or existing telecommunications tower, and which may be on the roof (including rooftop appurtenances), building face, side or elsewhere on the existing structure.

Same as "lodging house."

Any permanent accessory structure or building which is distinctly set apart and unique from other structures and buildings due to its construction technique, materials, age, local historic significance or design, and characteristic of past agricultural practices or rural life, whether presently utilized or not for agricultural practice, and which is structurally safe at the time conditional use is applied for and during the duration the conditional use is allowed.

See "extractive operation."

A specific location, area, or corridor that consists of:

The shortest horizontal distance between any structure and the base setback line.

A structure equal to or less than 120 square feet in area which is accessory to the residential use of the property and used for incidental storage.

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

The zoning district created in this chapter comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter.[9]

Any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes, other than paint on the surface of a building. For the purpose of this chapter, coloration and/or striping on canopies shall not be considered signage and shall be allowed if it contributes to the overall theme and design of the property.

A sign which no longer correctly directs or exhorts any person or advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where the sign is displayed.

A sign for the purpose of advertising agricultural produce available at a roadside produce stand or farm.

Area of copy enclosed by one continuous line connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any point.

A sign that is mounted, painted, or attached to an awning, canopy, or marquee that is otherwise permitted by ordinance. See also "sign, projecting."

A sign intended solely for the purpose of directing patrons or customers to an establishment off the main traveled road and not including promotional advertising unnecessary to such directional purpose.

A sign containing electrical wiring, but not including a sign illuminated by an exterior light source.

A sign wholly supported by a sign structure, unique to that sign, anchored in the ground.

Any sign, other than a pole sign, where the entire base of the sign is in contact with the ground and is independent of any other structure. Said sign shall not measure more than seven feet in total height above grade.

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

A sign commonly associated with, but not limited to, information and directions necessary or convenient for visitors coming on the property, including a sign marking entrances and exits, parking areas, circulation direction, rest rooms, and pickup and delivery areas.

A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is seven feet or more above grade.

A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.

A sign that is not permanent, affixed to a building, structure, or the ground.

Rigid signs of a professional quality which advertise the price of a product or service offered on the premises or of special temporary goods or services being sold or offered. A sandwich board sign is an example of a price and temporary item sign.

A sign, other than a wall sign, which projects from and is supported by a wall of a building or structure, extending out beyond 12 inches from the point of attachment, typically having two or more viewable sides, but for the purpose of this chapter only one side need be counted as a side for measuring its allowable area and sign count. Signs printed on or affixed to awnings and canopies shall also be considered projecting signs.

Noncommercial signs of a general informational nature such as community welcome, safety warning, or other similar nature.

A sign relating to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deckline of a building with a mansard roof.

Supports or materials capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building.

Includes any sign, banner, pennant, valance, or advertising display intended to be displayed for a limited period of time only.

A sign having changeable letters used to announce periodic events and showings pertaining to the performing arts and which are offered at the location where the sign is displayed.

A sign painted on a building and all other signs connected to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, where no part of the sign structure extends more than 12 inches out from the facade as measured near the points of attachment or contact to the building. Wall signs are permitted only on walls with street facings with a maximum of two building sides per building. For purposes of this chapter, stores/businesses in shopping centers shall count the wall facing the main customer parking area as a street facing. For the purpose of this chapter, canopy coloration and/or striping shall not be considered wall signage.

A property owner's right to have the sunlight shine on the owner's land.

A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, mechanical, chemical, or electrical energy and that contributes significantly to a structure's energy supply.

A use and structure, which may be either principal or accessory depending on its zoning district and classification, in which equines are kept primarily for breeding, boarding, training and/or giving lessons, including rental or hire to the public.[10]

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. A basement or cellar having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulations.

A public or private right-of-way usually affording primary access to abutting property.

The highest order of residential street (see "street hierarchy"). Conducts and distributes traffic between lower-order streets and higher-order streets (arterials and expressways). Since its function is to promote free traffic flow, access to homes and parking should be prohibited. Collectors should be designed to prevent use as shortcuts by non-neighborhood traffic. Total traffic volume should not exceed 3,000 ADT.

A street contiguous and parallel to a traffic artery and affording direct vehicular access to abutting property.

The conceptual arrangement of streets based upon function. A hierarchal approach to street design classifies streets according to function, from high-traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

A dividing line between a lot, tract or parcel of land and a contiguous street.

A street with access control, channelized intersections, and restricted parking and that collects and distributes traffic to and from minor arterials.

The lowest order of residential street (see "street hierarchy"). Provides frontage for access to private lots and carries traffic having destination or origin on the street itself. Designated to carry traffic at slowest speed. Traffic volume should not exceed 250 ADT at any point of traffic concentration. The maximum number of housing units should front on this class street.

A street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets.

A major or minor arterial street characterized by the use of open ditch swales to convey stormwater runoff.

Middle order of residential street (see "street hierarchy"). Provides frontage for access to lots and carries traffic to and from adjoining residential access streets. Traffic should have origin or destination in the immediate neighborhood. Traffic volume should not exceed 500 ADT at any point of traffic concentration.

A major or minor arterial street characterized by the use of curb and gutter, catch basins, and pipes to convey stormwater runoff.

Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

A combination of materials other than natural terrain or plant growth erected or constructed to form a shelter, enclosure, retainer, container, support, base, pavement or decoration.

A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

A structure placed on or in the ground or attached to another structure in a fixed and determined position and intended to remain in place for a period of more than nine months.

A structure used or intended to be used for the principal use as permitted on such lot by the regulations of the district in which it is located.[11]

Any structure other than a permanent structure.[12]

A planting space at the base of a sign face whose cultivated area equals that of the associated sign face square footage and in which perennial vegetation and/or shrubs cover at least 50% of the cultivated area.

A commercial establishment serving the public and offering the sale of fermented malt beverages and/or intoxicating liquors for consumption on the premises. This definition does not include private lodges or clubs selling fermented malt beverages and/or intoxicating liquors only to members and to guests invited by members.

A building in which lodging, with or without meals, is offered to transient guests for compensation and having no more than five sleeping rooms for this purpose with no cooking facilities in any such individual room or apartment.

A compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.[13]

Any shelter designed and equipped to provide sleeping and living quarters and designed to be transported from place to place rather than to be constructed upon permanent foundations. Any such structure from which the wheels have been removed shall be construed to be a permanent dwelling structure.

That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

A use subordinate to and customarily incident to the permitted principal use.

A use which is generally acceptable in a particular zoning district but which, because of its characteristics and the characteristics of the zoning district in which it would be located, requires review on a case-by-case basis to determine whether it should be permitted, conditionally permitted, or denied.

That utilization of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which said land is located.

The main or primary use of property or structures as permitted on such lot by the regulations of the district in which it is located.

An authorization granted by the Zoning Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this chapter.

See "scenic view."

An unoccupied triangular space at the street corner of a corner lot.

The entire region or area contributing runoff or surface water to a particular watercourse or body of water.

An excavation opening in the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater, regardless of its intended use.

Any filling, flooding, draining, dredging, ditching, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

The administrative officer designated to administer this chapter and issue zoning permits. The term "Zoning Administrator" and/or "administrative official" as used herein does not include the Common Council for the City of Muskego.

A specifically delineated area within the City of Muskego within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.

The map or maps which are adopted as a part of this chapter and which delineate the boundaries of zoning districts.