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New Auburn Village City Zoning Code

ARTICLE XIII

Definitions

§ 350-145 Definitions.

The following terms, for purposes of this chapter, shall have the meaning stated below:
A. 
Division 1 - General.
ABUTTING
Have a common property line or district line.
ACCESSORY APARTMENT
A separate complete housekeeping unit that is substantially contained within the structure of a single-family dwelling, but can be isolated from it.
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel, and serving a purpose customarily incidental to the principal use or the principal structure, which includes yardbarns. (See also "minor structure".)
ACRE, NET
The actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
ADULT BOOK STORE
An established having as a predominant portion of its stock-in-trade, books, magazines, and other periodicals, or video cassettes, which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" (as defined herein) or "specified anatomical areas" (as defined herein).
ADULT ENTERTAINMENT ESTABLISHMENT
An establishment having as a predominant portion of its business live acts, demonstrations, dances, or exhibitions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" (as defined herein) or "specific anatomical areas" (as defined herein).
ADULT MOTION PICTURE THEATER
An enclosed building which is significantly or substantially used for presenting motion picture films, video cassettes, cable television, or any other such visual media, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" (as defined herein) of "specified anatomical areas" (as defined herein).
ALLEY
A public way which affords only a secondary means of access to abutting property.
ANTENNA
A device used to receive or send broadcasts either as over the air signals from transmitters, including fixed television or radio signals, or microwave signals from earth-orbiting communication satellites.
APARTMENT
A suite of rooms or a room in a multiple dwelling which suite or room is arranged, intended, or designed to be occupied as a residence of a single family, individual, or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking, and eating.
AUTOMOBILE WRECKING YARD
Any premises on which two or more self-propelled vehicles not in running order or operating condition are stored in the open.
BASEMENT
A portion of a building with the floor located below the mean grade level. For the purpose of this chapter, any such basement with more than four feet above grade level shall be counted as a story. No dwelling unit shall be situated in a basement having less than four feet above grade level.
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied, single-family dwelling unit at which overnight sleeping accommodations are offered to travelers by the owner.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BOARD
The Zoning Board of Appeals, as provided in § 350-127C of this chapter.
BUFFER ZONE
A designated neutral area designed to separate conflicting land uses. A natural vegetative screening of trees, shrubs, or other plantings is usually employed in such a designated area.
BUILDABLE LOT AREA
The portion of a lot remaining after required yards have been provided.
BUILDING
Any 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. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
BUILDING, DETACHED OR ACCESSORY
A building surrounded by open space on the same lot such as an accessory garage or storage shed.
BUILDING, HEIGHTS OF
The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip, or pitch roof.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BUSINESS
An occupation, employment, or enterprise which occupies time, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CARPORT
An automobile shelter having one or more sides open.
CERTIFIED SURVEY MAP (CSM)
A certified survey map is a map of a land split prepared in accordance with Ch. 236, Wisconsin Statutes, and § 300-7 of Chapter 300, Subdivision of Land, of the Village Code.
CHANNEL
Those woodlands normally occupied by a stream of water under average annual high water flow conditions while confined within generally well-established banks.
CLINIC
An establishment for medical examination and treatment of patients, but without provisions for keeping such patients overnight on the premises (except for veterinary clinics). For purposes of this chapter, a doctor's or dentist's office, in a residence, when it complies with the requirements of this chapter relating to such office, shall not be considered a clinic, but any doctor's or dentist's office which is not part of his home, or the office of two or more doctors or dentists, whether in a residence or not, shall be considered a clinic.
CLUB OR LODGE
A building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMUNITY LIVING ARRANGEMENT
The following facilities licensed or operated or permitted under the authority of the Wisconsin State Statutes: Child welfare agencies under § 48.60, Wis. Stats., group foster homes for children under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the Wisconsin State Statutes, including §§ 46.03(22), 59.69(15), 62.23(7)(i) and 62.23(7)(a), Wis. Stats., and amendments thereto, and also the Wisconsin Administrative Code.
CONDITIONAL USE
A use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts, and therefore, may be permitted in such district or districts only by conditional use permit.
CONSERVATION STANDARDS
Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Chippewa County and Barron County respectively, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment to land based upon its capabilities from which the landowner selects that alternative which best meets his/her needs in developing his/her soil and water conservation.
CONTROLLED ACCESS ARTERIAL STREET
The condition in which the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with an arterial street is fully or partially controlled by public authority.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, construction of, additions to, or substantial improvements to buildings or other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations or disposition of materials.
DISTRICT, BASIC
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and building are uniform.
DISTRICT, OVERLAY
Overlay districts, also referred to herein as "regulatory areas," 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.
DWELLING
A 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 UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
DWELLING, EFFICIENCY
A dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels, and townhouses.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied by one family.
DWELLING, TWO-FAMILY (referred to as duplex, twinhome or two-flat)
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families. Often called a "duplex."
EARTH STATION DISH ANTENNA
An earth station dish antenna shall mean a combination of:
(1) 
A dish antenna whose purpose is to receive communication or other signals from orbiting satellites;
(2) 
A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and
(3) 
A coaxial cable whose purpose is to carry the signals into the interior of the building. This definition shall not include satellite antennas with a diameter of 36 inches or less.
ESSENTIAL SERVICES
Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
FAMILY
The body of persons related by blood, marriage, or adoption, or not more than four unrelated persons who live together in one dwelling unit as a single housekeeping entity.
FLOOR AREA (BUSINESS AND MANUFACTURING BUILDINGS)
For the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.
FOSTER FAMILY HOME
The primary domicile of a foster parent and four or fewer foster children and which is licensed under § 48.62 of the Wisconsin Statutes and amendments thereto.
FRONTAGE
All the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
GARAGE, PRIVATE
A detached accessory building or portion of the principal building, designed, arranged, used, or intended to be used for storage of automobiles of the occupant of the premises. Carports are considered garages.
GARAGE, PUBLIC
Any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing, or public parking of motor vehicles.
GASOLINE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, and oil or other lubrication substances; sale of motor vehicle accessories; and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning such vehicles.
GRADE
When used as a reference point in measuring height of building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the main building.
GROSS FLOOR AREA (RESIDENTIAL)
The square footage of each story of a dwelling. The basement area of a dwelling can be considered in the floor area calculation if the basement floor has an at-grade access.
GROUP FOSTER HOME
Any facility operated by a person required to be licensed by the State of Wisconsin under State Statute § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HOME OCCUPATION
Any occupation for gain or support conducted entirely within a building by resident occupants and no more than one nonresident person, which is incidental to the principal use of the premises; does not exceed 50% of the area of any above ground living area; has no article offered for sale except such as is produced by such home occupation; and meets all of the conditions of § 350-62 of this chapter. Examples of home occupations are: child care, millinery, canning, dressmaking, dentists, architects, landscape architects, professional land surveyors, lawyers, and teachers.
HOSPITAL
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 twenty-four-hour patient care.
HOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
HOUSING FOR THE ELDERLY
A dwelling unit or units designed and constructed to be occupied by elderly persons. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises, or a family, the head of which, or his/her spouse, is an elderly person as defined herein.
INSTITUTION
A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
INTERCHANGE
A grade-separated intersection with one or more direct connections for vehicular travel between the intersecting streets or highways.
JUNK
Any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to: vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood, and lumber.
JUNKYARD
Any area, lot, land, parcel, building, or structure or part thereof used for the storage, collecting, processing, purchase, sale, or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.
LAND DEVELOPMENT ACTIVITY
The construction of buildings, roads, parking lots, paved storage areas, and similar facilities.
LAND-DISTURBING ACTIVITY
Any man-made change of the land surface including removing vegetation cover, excavating, filling, and grading, but not including agricultural activities such as planting, growing, cultivating, and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscape modifications.
LAND USER
Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
LANDOWNER
Any person holding title to or having an interest in land.
LOADING AREA
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LODGING HOUSE
A building where lodging only is provided for compensation for not more than three persons not members of the family.
LOT
(1) 
A division of land occupied or designed to be occupied by one building and its accessory buildings or uses, including open spaces required by this chapter. A lot may be a parcel of land designated in a plat laid out prior to the effective date of this amendment, whether or not such division abuts a public street or other officially approved place recorded in the office of the Register of Deeds, or any part of a larger division when such parts comply with the requirements of this chapter as to width and area for the district in which it is located. No land included in any street, highway or railroad right-of-way, dedicated to the public or reserved for roadway purposes, shall be included in the computation of lot size.
(2) 
A lot for purposes of this chapter, may differ from a lot as shown on a plat.
(3) 
Example: Platted lots may be subdivided or combined by Certified Survey Map pursuant to § 300-7 of Chapter 300, Subdivision of Land, of the Village Code. Thereafter, the lot created by such lot divisions, shall be considered a lot for purposes of this chapter.
LOT COVERAGE (EXCEPT RESIDENTIAL)
The area of a lot occupied by the principal building or buildings and accessory buildings, including any driveways, parking areas, loading areas, storage areas, and walkways.
LOT COVERAGE, RESIDENTIAL
The area of a lot occupied by the principal building or buildings and accessory building.
LOT LINE
A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT OF RECORD
A platted lot of a recorded subdivision, certified survey map, or parcel of land for which the deed, prior to the adoption of this chapter, is on record with the Chippewa County Register of Deeds and which exists as described therein.
LOT WIDTH
The horizontal distance between the side lot lines measured at the building setback line.
LOT, CORNER
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side. (See illustration No. 4)
LOT, INTERIOR
A lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
LOT, SUBSTANDARD
A parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this code as pertaining to the district wherein located.
LOT, THROUGH
A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
MINOR STRUCTURES
Any small movable accessory erection or construction such as birdhouses, toolhouses, pet houses, play equipment, yardbarns, arbors, and walls containing not more than 100 square feet in floor space areas. Such erection or construction shall be deemed structures, even if not permanently affixed to the ground.
MOBILE HOME
A manufactured home that is HUD certified and labeled under the National Manufactured Home Construction and Safety Standards Act of 1974 (U.S.C. Title 42, Chapter 70). A mobile home is a structure which is, or was, as originally constructed, designed to be transportable in one or more sections, which in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and any additions, attachments, annexes, foundations, and appurtenances.
MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation, and where individual lots are rented to individual mobile home users. A mobile home park is also any lot on which two or more mobile homes are parked for the purpose of permanent habitation, regardless of whether or not a charge is made for such accommodation, and including any associated service, storage, recreation, and other community service facilities designed for the exclusive use of park occupants.
MOBILE HOME SUBDIVISION
A land subdivision, as defined by Ch. 236 of the Wisconsin Statutes and any section of this Code, with lots intended for the placement of individual mobile home units. Individual home sites are in separate ownership as opposed to the rental arrangements in mobile home parks.
MODULAR UNIT
A modular unit is a factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.
MOTEL
A building or group of buildings containing rooms which are offered for compensation for the temporary accommodation of travelers or tourists.
NONCONFORMING USES
Any structure, use of land, use of land and structure in combination or characteristics of use (such as yard requirement or lot size) which was existing at the time of the effective date of this code or amendments thereto and which is not in conformance with this code. Any such structure conforming in respect to use but in respect to frontage, width, height, area, yard, parking loading, or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.
NURSING HOME
An establishment used as a dwelling place by the aged, infirm, chronically ill, or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment, or the care of the sick or injured. A nursing home is subject to state-level licensing and operational limitations as set forth in Ch. 50 of the Wisconsin Statutes.
OPEN SALES AREA
Any open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including, but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft, and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.
OUTDOOR STORAGE AREAS
Any open land or area used for the purpose of storage of any product or part of a product either before, during, or after manufacture, servicing, or repair, and not displayed for retail sale. This does not include open sales areas.
PARKING LOT
A structure or premises containing five or more parking spaces open to the public.
PARKING SPACE
An off-street space available for the parking of a motor vehicle and which is held to be an area the dimensions of which are 10 feet by 18 feet or which covers 180 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet, and all property owners with opposite frontages.
PLACES OF ASSEMBLY
Places where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.
PLANNED UNIT DEVELOPMENT
A 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. A planned unit development allows for flexibility not available under normal zoning district requirements.
PLANNING COMMISSION
Where the phrase "Planning Commission" appears, this refers to the Planning Commission of the Village of New Auburn. The Planning Commission is appointed by the Village President and confirmed by the Village Board pursuant to § 62.23, Wis. Stats.
PREMISES
The area of land surrounding a structure and forming one enclosure with it.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professionals, used to conduct their professions 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 AIRPORT
Any airport which complies with the definition contained in § 114.002(18m), Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
REAR YARD
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard is opposite the street yard or one of the street yards on a corner lot.
RECREATIONAL VEHICLE
Any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:
(1) 
Is not used as the permanent residence of the owner or occupant;
(2) 
Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities;
(3) 
Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities;
(4) 
Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pick-up campers, camping buses, and self-contained, self-propelled truck chassis mounted vehicles providing living accommodations.
RECREATIONAL VEHICLE CAMP
A park, court, campsite, lot, parcel, or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreational vehicles as defined herein, and upon which said recreational vehicles are parked.
RESTAURANT
A business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.
RESTAURANT, DRIVE-IN
A business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.
RETAIL
The sale of goods or merchandise in small quantities to the consumer.
ROADSIDE STAND
A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
SCHOOL
A building or group of buildings maintained by the public or by a private organization for the purpose of education and which is accredited by the State of Wisconsin. Schools include pre-school and grades kindergarten through 12, but not trade schools that do not teach the state required courses for high school graduation in addition to the vocational instruction.
SCHOOL, COMMERCIAL
A school limited to special instructions such as business, art, music, trades, handicraft, dancing, or riding.
SETBACK
A 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 and double frontage lots have two such yards. Uncovered steps shall not be included in measuring the setback.
SHELTERED CARE FACILITY
A private home which provides separate sleeping accommodations and kitchen facilities for its occupants, but also maintains some means of contact with a central control office or building. This facility may include joint recreational and eating facilities.
SHOPPING CENTER
A concentration of retail stores and service establishments in a suburban area with generous parking space and planned to serve the community or a neighborhood.
SIGNS
Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known or 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.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic region, buttock, perineum, anal region or female breast at or below the areola or human male genitals in a discernably turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1) 
Human genitals in a state of sexual stimulation or arousal; or
(2) 
Acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock, perineum, anal region, or the female breast.
STORY
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
STORY, HALF
That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4 1/2 feet above the finished floor of such story. In the case of one family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a 1/2 story in a sloping roof shall not be counted as a story for the purposes of this code.
STREET
Property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.
STREET, ARTERIAL
A public street or highway intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as major thoroughfares, highways, and parkways.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
STRUCTURE
Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
TEMPORARY STRUCTURE
A movable structure not designed for human occupancy nor for the protection of goods or chattels and not forming an enclosure, such as billboards.
UNNECESSARY HARDSHIP
The circumstances where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building 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 feasible use can be made of the property.
USE
The purpose or activity for which the land or building thereof is designed, arranged, or intended, or for which it is occupied or maintained.
USE, ACCESSORY
A subordinate building or use which is located on the same lot on which the principal building or use is situated, and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations. (See also "accessory use or structure.")
USE, PERMITTED
A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district.
USE, PRINCIPAL
The main use of land or building as distinguished from subordinate or accessory use.
UTILITIES
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraphic exchanges, microwave radio relays, and gas regulation stations, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards, and power plants.
VARIANCE
A departure from the terms of this chapter as applied to a specific building, structure or parcel of land, which the Zoning Board of Appeals may permit, contrary to the regulations of this chapter for the district in which such buildings, structure, or parcel of land is located, when the Zoning Board of Appeals finds that a literal application of such regulation will affect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is no compensation or gain to the property and does not endanger the public health, safety, or welfare.
VILLAGE BOARD
The Village of New Auburn Board of Trustees.
VISION SETBACK AREA
An unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from the intersection as specified in this chapter.
YARD
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except by vegetation. The front (street) and rear yards extend the full width of the lot.
YARD, FRONT
A yard extending the full width of the lot between the front or street lot line and the nearest part of the principal building, including eaves, but excluding uncovered steps. Corner lots shall have two front yards.
YARD, REAR
A yard extending the full width of the lot between the rear lot line to the nearest part of the principal building, including eaves. On corner lots there shall be no rear yard.
YARD, SIDE
A yard on each side of the principal building extending from the nearest part of the principal building, including eaves to the lot line and from the front yard line to the rear yard line.
ZERO LOT LINE
The concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.
ZONING PERMIT
A permit issued by the Building Inspector to certify that the use of lands, structure, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.
B. 
Division 2 - Large livestock definitions. For the purposes of this chapter, the following definitions shall be used specific to § 350-46 and § 350-130P, related to large livestock facilities. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not permissive.
ADJACENT
Located on land parcels that touch each other, or on land parcels that are separated only by a river, stream, or transportation or utility right-of-way.
ANIMAL UNIT
Has the meaning that was given in § NR 243.03(5), Wis. Adm. Code.
EXPANDED LIVESTOCK FACILITY
The entire livestock facility that is created by the expansion, after May 1, 2006. "Expanded livestock facility" includes all livestock structures in the expanded facility, regardless of whether those structures are new, existing or altered.
EXPANSION
An increase in the largest number of animal units kept at a livestock facility on at least 90 days in any twelve-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an expansion unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any twelve-month period.
LIVESTOCK
Domestic animals traditionally used in this state in the production of food, fiber, or other animal products. "Livestock" includes cattle, swine, poultry, sheep, and goats. "Livestock" does not include equine animals, farm-raised deer, fish, captive game birds, ratites, camelids, or mink.
LIVESTOCK FACILITY
A feedlot, dairy farm, or other operation where livestock will be fed, confined, maintained, or stabled for a total of 45 days or more in any twelve-month period. A "livestock facility" includes all of the tax parcels of land on which the facility is located but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single "livestock facility" for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate "livestock facility."
LIVESTOCK STRUCTURE
A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. "Livestock structure" includes a barn, milking parlor, feed storage facility, feeding facility, animal lot, or waste storage facility. "Livestock structure" does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.
NEW LIVESTOCK FACILITY
A livestock facility that will be used as a livestock facility for the first time, or for the first time in at least five years. "New livestock facility" does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding five years.
OPERATOR
A person who applied for or holds a local approval for a livestock facility.
PROPERTY LINE
A line that separates parcels of land owned by different persons.
ROADSIDE STAND
A building or part of a building no more than 500 square feet used for the retail sale of agricultural and related incidental products, excluding livestock, produced on the farm where the stand is located.
WASTE
Manure, milking center waste and other organic waste generated by a livestock facility.
WASTE STORAGE STRUCTURE
A waste storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Waste storage structure" does not include equipment used to apply waste to land. For purposes of §§ ATCP 51.12(2) and 51.14, Wis. Adm. Code, "waste storage structure" does not include any of the following:
(1) 
A structure used to collect and store waste under a livestock housing facility.
(2) 
A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition.
C. 
Division 3 - Sign definitions.
ABANDONED SIGN
A sign which no longer correctly advertises a bona fide business, lessee, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere.
AREA OF COPY
The entire area within a single, continuous perimeter composed of squares or rectangles which encloses the extreme limits of advertising message, announcement, or decoration of a wall sign.
AREA OF SIGN
The area of the largest single face of the sign within a perimeter which forms the outside shape, but excluding the necessary supports or uprights on which the signs may be placed. If the sign consists of more than one section or module, all areas will be totaled. Any irregularly shaped sign area shall be computed using the actual sign-face surface. In the case of wall signs, the area of copy will be used.
BILLBOARD
See "off-premises signs."
CHANGEABLE MESSAGE SIGN
A sign such as an electric controlled time and temperature sign, message center or reader board where copy changes.
DIRECTIONAL SIGN
Any sign which serves to designate the location or direction of any place or area. This includes, but is not limited to, such signs as those identifying rest rooms, telephone, parking areas, entrances and exits.
ELECTRIC SIGN
Any sign containing internal electrical wiring which is attached or intended to be attached to an electrical energy source.
FLAG SIGN
A sign made of fabric or vinyl and is attached to a pole which is affixed to the ground or attached to a building.
FLASHING SIGN
Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source, not including changeable message signs.
FRONTAGE
The length of the property line of any one premises parallel to and along each public right-of-way it borders.
GRADE
The elevation or level of the street closest to the sign to which reference is made, measured at the street's center line.
GROSS AREA
The area of a sign is determined by using the outside perimeter dimensions of the sign. If the sign consists of more than one module or section, their areas will be totaled. If the modules are formed in the shape of letters or symbols, the rules for "area of copy" apply.
GROUND SIGN
A sign erected on one or more freestanding supports or uprights and not attached to any building.
HEIGHT OF SIGN
The vertical distance measured from the grade at the street right-of-way line where the sign is located to the highest point of such sign.
ILLUMINATED SIGN
A sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source.
INTEGRATED SHOPPING CENTER
A shopping center in single ownership or under unified control, and containing three or more separate businesses.
LEGAL NONCONFORMING SIGN
A nonconforming sign that did meet regulations when it was originally installed.
NONCONFORMING SIGN
A sign that does not meet code regulations.
OFF-PREMISES SIGN
A sign which advertises goods, products, facilities, services, or a message for something not necessarily on the premises where the sign is located, or directs persons to a different location from where the sign is located.
ON-PREMISES SIGN
Any sign identifying or advertising a business, person, activity, goods, products, or services located on a premises where the sign is installed and maintained.
PORTABLE SIGN
Any sign not permanently attached to the ground or a building.
SIGN
Any emblem, painting, banner, pennant, placard, design, identification, description, illustration, or device, illuminated or nonilluminated, to advertise, identify, convey information, or direct attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed, or situated merchandise. For the purpose of removal, signs shall also include all sign structures.
SIGN CONTRACTOR
Any person, partnership, or corporation engaged in whole or in part in the erection or maintenance of signs, excluding the business which the sign advertises.
SIGN STRUCTURE
Any device or material which supports, has supported, or is capable of supporting a sign in a stationary position, including decorative covers.
SWINGING SIGN
A sign installed on an arm or mast or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
WALL SIGN
A sign attached to the wall of a building with the face in a parallel plane to the plane of the building wall. This includes signs painted directly on a wall.
WINDOW SIGN
A sign affixed to, in contact with, painted upon, or placed within a window, for the purpose of viewing from outside the premises; such sign must be placed only on the interior of any window unless painted directly upon it. This does not include merchandise located in a window.
ZONING LOT
A parcel of land considered or treated as a single unit. A zoning lot may or may not correspond with a lot of record.