For the purpose 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 directory. Any words not defined in this section shall be presumed to have their customary dictionary definitions.

A ZONES — (As it pertains to floodplain, Section 275-65) Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

ABUTTING or ADJOINING — To physically touch or border upon or to share a common property line or border.

ACCESSORY DWELLING UNIT — An additional dwelling unit on the same property as the principal use. To be considered an accessory dwelling unit, kitchen (sink and stove or stove hookups), sleeping and bathroom (full bathroom) facilities must all be provided. "Accessory dwelling" does not mean a mobile home, recreational vehicle, or travel trailer. Accessory dwelling units shall meet the requirements of Section 275-42.

ACCESSORY STRUCTURE OR USE — (As it pertains to floodplain, Section 275-65) A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation.

ACCESSORY USE — See "use, accessory" below.

ACRE — A gross measure of land area equivalent to 43,560 square feet.

ACREAGE, GROSS — The total area within the lot lines of a lot, excluding any street right-of-way or ultimate right-of-way, in all districts.

ACREAGE, NET — The total area of the property less any land used for private or public roads and rights-of-way and less 75% of any private conservancy lands.

ACTIVE PARKS AND RECREATIONAL FACILITIES — Any park or recreational facility that requires grading of the land, the construction of facilities, or lighting, or is developed for ballfields.

ADEQUATE PUBLIC FACILITIES (APF) — The public facilities and services necessary to maintain the adopted level of service standards. See Section 275-57.

ADEQUATE SOD, or SELF-SUSTAINING VEGETATIVE COVER — (As it pertains to post-construction stormwater management, Section 275-55.1) Maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. "Self-sustaining vegetative cover" includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.

ADJACENT — The same as "abutting" or "adjoining."

ADJUSTED TRACT ACREAGE DENSITY APPROACH — The determination of the maximum number of permitted dwelling units on any given property shall be determined by multiplying the acreage classified as being in the categories of constrained land as described in Section 275-33 G(1)(a) by the numerical density factor for that category of constrained land.

ADMINISTERING AUTHORITY — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) A governmental employee or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the City of New Berlin to administer this section.

ADULT-ORIENTED ESTABLISHMENTS — Commercial establishments in which a significant portion of the business is:

A.

To display, sell, have in its possession for sale, offer for view, publish, disseminate, give, lease, or otherwise deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices, models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity and which excludes minors by reason of age;

B.

To display for viewing any film or pictures depicting sexual conduct or nudity and which excludes minors by reason of age; and/or

C.

Where any person appears or performs in a manner depicting sexual conduct or involving nudity and from which minors are excluded by reason of age.

ADVERSE IMPACT — A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on an off-site property or facilities.

AGRIBUSINESS — In agriculture, "agribusiness" is a generic term that refers to the various businesses involved in food production, including farming and contract farming, seed supply, farm machinery, wholesale and distribution, processing, marketing, and retail sales. The term has two distinctly different connotations depending on context.

AGRICULTURAL FACILITIES AND PRACTICES — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) Has the meaning in § 281.16(1), Wis. Stats.

AGRICULTURAL USE — Agricultural use shall be defined by the Assessor's office in accordance with the Wisconsin Department of Revenue's Agricultural Assessment Guide for Wisconsin Property Owners.

AH ZONE — (As it pertains to floodplain, Section 275-65) See "area of shallow flooding."

ALLEY — A public or private right-of-way, shown on a plat, which provides secondary access to a lot, block, or parcel of land.

ALLEY, PUBLIC — A special, minor public right-of-way affording only secondary access to abutting properties.

ALTERATION — (As it pertains to floodplain, Section 275-65) An enhancement, upgrade or substantial change or modification, other than an addition or repair, to a dwelling or to electrical, plumbing, heating, ventilating, air-conditioning and other systems within a structure.

ALTERNATIVE REQUIREMENT — (As it pertains to nonmetallic mining, Section 275-63) An alternative to the reclamation standards of this chapter provided through a written authorization granted by the City of New Berlin pursuant to Section 275-63.

AMENDMENT — Any addition, deletion, or revision of the text of this chapter or to the Official Zoning Map, adopted after public hearings.

ANTENNA — A device designed to transmit or receive broadcasts either through over-the-air signals from transmitters, including fixed television or radio signals, or microwave signals from earth-orbiting communications satellites.

ANTENNA — (As it pertains to mobile tower siting regulations Section 275-41 C(16)) Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

ANTENNA, EARTH STATION DISH — A dish-shaped antenna designed to receive television broadcasts relayed by signals from earth-orbiting communications satellites.

ANTENNA, TERRESTRIAL — Any antenna designed to receive television and radio signals relayed from one ground location to another ground location. Such antennas are typically mounted on a freestanding tower or supported on the rooftop of a structure.

AO ZONE — (As it pertains to floodplain, Section 275-65) See "area of shallow flooding."

APPLICABLE RECLAMATION ORDINANCE — (As it pertains to nonmetallic mining, Section 275-63) A nonmetallic mining reclamation ordinance, including this chapter, that applies to a particular nonmetallic mining site and complies with the requirements of Ch. NR 135, Wis. Adm. Code, and Subchapter I of Ch. 295, Wis. Stats., unless the Wisconsin Department of Natural Resources is the regulatory authority as defined in Subsection (20)(b)3. If the Wisconsin Department of Natural Resources is the regulatory authority, "applicable reclamation ordinance" means the relevant and applicable provisions of Ch. NR 135, Wis. Adm. Code.

APPLICANT — Unless otherwise specified, an owner or other person with a legal property interest, including a subdivider, developer, or other agent of the landowner, who has filed an application for subdivision or development.

APPLICATION — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) An application for a permit under this section to engage in an activity specified in this section.

AREA OF SHALLOW FLOODING — (As it pertains to floodplain, Section 275-65) A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

ARTERIAL STREET — See "street, arterial" below.

ARTISAN FARMS — Farms that specialize in the creation of specialty products or farming, such as wine-making, cheese-making, honey production, berry production, etc.

ASSISTED-LIVING FACILITIES — Residences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide additional services, such as recreational activities, financial services, and transportation. Residential care apartment complexes (RCACs) are a type of assisted living.

ATLAS 14 — (As it pertains to post-construction stormwater management, Section 275-55.1) The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.

AUTOMOTIVE FUEL SALES — The retail sales of unleaded and diesel gasoline.

AVERAGE ANNUAL RAINFALL — (As it pertains to construction site erosion control, Section 275-55.2) A calendar year of precipitation, excluding snow, which is considered typical.

AVERAGE ANNUAL RAINFALL — (As it pertains to post-construction stormwater management, Section 275-55.1) A typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.

AWNING — A temporary or removable structure constructed of canvas, wood, or metal, extending over a window, door, patio, or deck as protection against sun or rain. Permanent overhangs or structures over windows, doors, patios, decks or driveways, or awnings with vertical attachments to the ground, are canopies, not awnings.

BALCONY — A platform that projects from the wall of a building, is surrounded by a railing, and has no stair access. May be covered or uncovered.

BARS and TAVERNS — Establishments providing or dispensing, for onsite consumption, any fermented malt beverage, malt beverage, special malt, or vinous or spirituous liquors. The sale of food products, including but not limited to sandwiches and light snacks, may be secondary to the serving of the aforementioned drinks.

BASE FLOOD — (As it pertains to floodplain, Section 275-65) Means the flood having a 1% chance of being equaled or exceeded in any given year, as published by FEMA as part of an FIS and depicted on a FIRM.

BASE SETBACK LINE — The planned right-of-way line as established by the Waukesha County Jurisdictional Highway Plan or the City of New Berlin Official Map, whichever is greater.

BASEMENT — (As it pertains to floodplain, Section 275-65) Any enclosed area of a building having its floor subgrade on all sides.

BED-AND-BREAKFAST ESTABLISHMENT — Any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-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.

BEDROOM — A private room, 100 square feet or more in area, planned for sleeping and separable from other rooms by a door. A bedroom is generally accessible to a bathroom without crossing another bedroom or living room.

BERM — In the context of landscaping, buffer yard, or screening requirements, a mound of earth typically used to shield, screen, and buffer undesirable views and to separate potentially incompatible uses.

BEST MANAGEMENT PRACTICE or BMP — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.

BORROW SITE — An area outside of a transportation project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial sources.

BREAKAWAY WALL — A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

BREWER — Any person who manufactures fermented malt beverages for sale or transportation, except that "brewer" does not include a permittee under § 125.295, Wis. Stats., as said section may be amended from time to time.

BREWERY — An entity which manufactures fermented malt beverages for sale or transportation to the extent authorized under § 125.29, Wis. Stats.

BREWPUB — An entity which manufactures fermented malt beverages completely on premises solely to the extent authorized under § 125.295(1)(a), Wis. Stats., and which is eligible for a brewpub permit pursuant to § 125.295(2)(a), Wis. Stats., as said sections may be amended from time to time.

BUFFER or BUFFER YARD — Open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another use or property to visually shield or block noise, light, or other potential nuisances.

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. May be enclosed or open on one or more sides. A building shall be permanently affixed to the land.

BUILDING — (As it pertains to floodplain Section 275-65) See "structure."

BUILDING AREA — The total area bounded by the exterior walls, as measured in square feet from the outside surface of the walls, to include only areas completely enclosed from the elements, having finished interior walls, ceilings, and floors and having light, ventilation, heating and other requirements of the Building Code, but not including basements, garages, porches, breezeways, unfinished attics, and overhangs.

BUILDING HEIGHT — See Section 275-45 A.

BUILDING LINE — A line parallel to a particular lot line, passing through the exterior point of the building that is closest to the lot line. See also "setback line."

BUILDING MASS — The three-dimensional bulk of a building made up of the height, width and depth.

BUILDING PERMIT — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A permit issued by DCD that authorizes an applicant to conduct construction activity that is consistent with the City of New Berlin and State of Wisconsin building codes.

BUILDING, ACCESSORY — A building detached from a principal building on the same lot and customarily incidental or subordinate to the principal building or use. Accessory buildings shall meet the requirements of Section 275-42.

BUILDING, ACCESSORY — A building detached from a principal building on the same lot and customarily incidental or subordinate to the principal building or use.

BUILDING, DETACHED — A building surrounded by open space and not attached to any other structure by any means.

BUILDING, PRINCIPAL — A building in which the principal use of the lot on which it is located is conducted.

BULKHEAD LINE — (As it pertains to floodplain, Section 275-65) A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to § 30.11, Wis. Stats., and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this chapter.

BUSINESS — An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered other than home occupations. See also "home occupation."

BUSINESS DAY — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control Section 275-55.2) A day the office of the City Hall is routinely and customarily open for business.

BUSINESS OFFICES — Includes establishments providing executive, management, administrative, or professional services, including real estate, architecture, legal, travel, employment, advertising, design, engineering, accounting and similar uses. Business offices do not include health- or dental-related services.

CAMPGROUND — (As it pertains to floodplain, Section 275-65) Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

CAMPING UNIT — (As it pertains to floodplain, Section 275-65) Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pickup truck, or tent that is fully licensed, if required, and ready for highway use.

CANOPY — A permanent overhang or structure without walls for the purpose of shielding windows, doors, patios, decks, driveways, sidewalks, or service areas from the elements.

CARPORT — A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides. See also "garage, private." This does not include portable or temporary garages or carports.

CEASE-AND-DESIST ORDER — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control Section 275-55.2) A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the City of New Berlin.

CEMETERY — Land used or intended to be used for the burial of the dead and dedicated for cemetery services.

CERTIFICATE OF COMPLIANCE — (As it pertains to floodplain, Section 275-65) A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this chapter.

CHANGE OF USE — Any use that substantially differs from the previous use of a building or land in terms of, for example, required parking, landscaping, drainage, and particularly in terms of the new use's overall effect on the surrounding neighborhood and zoning district purposes.

CHANGEABLE-COPY READER BOARD — A sign on which informational content is manually changed in the field.

CHANNEL — (As it pertains to floodplain, Section 275-65) A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

CHARACTER — Those attributes, qualities, and features that make up and distinguish a development project and give such a project a sense of purpose, function, definition, and uniqueness.

CHURCH (COMMUNITY-SCALE) — A place of gathering for religious observance, ministry, and fellowship and related social events and may include classrooms for periodic religious instruction, and administrative offices. These facilities are identified as those with a total building footprint greater than 15,000 square feet or which have accessory uses, which include, but are not limited to, uses such as banquet facilities, day school, day-care facilities, retail stores, restaurant, workout centers/club, gymnasium, health care facilities, assisted-living facilities, library, and cafe. Community-scale churches shall be a conditional use in all agricultural, commercial, office and institutional districts, a principal use in the industrial district and shall be prohibited in all residential districts.

CHURCH (NEIGHBORHOOD-SCALE) — A place of gathering for religious observance, ministry, and fellowship and related social events and may include classrooms for periodic religious instruction, a kitchen, a meeting area principally for members, and administrative offices. These facilities are identified as those with a total building footprint of less than 14,999 square feet. A total building size of equal to or less than 14,999 square feet shall be considered a principal use within all commercial, industrial, office and institutional districts and a conditional use in all agricultural and residential districts.

CITY — The City of New Berlin, Waukesha County, Wisconsin.

CITY'S MAP OF POTENTIAL CONSERVATION AREAS — The Map of Potential Conservation Areas for the City of New Berlin consists of wetlands (the DNR Bureau of Fisheries Management and Habitat Protection); floodplains [Federal Emergency Management Agency (FEMA)]; moderate and steep slopes (the slopes were calculated from the spot elevations within the City of New Berlin); agriculturally zoned lands (City of New Berlin GIS data); conservancy zoned lands (City of New Berlin GIS data); environmental corridors (SEWRPC); and scenic vistas (City of New Berlin Comprehensive Plan).

CLASS 1 CO-LOCATION — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.

CLASS 2 CO-LOCATION — The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.

CO-LOCATION — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) Class 1 or class 2 co-location, or both.

COLLECTOR STREET — See "street, collector" below.

COMBINED SEWER SYSTEM — (As it pertains to post-construction stormwater management, Section 275-55.1) A system for conveying both sanitary sewage and stormwater runoff.

COMMERCIAL FEED LOT — The confinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment, in such concentration that ground vegetation is substantially destroyed, where:

A.

The farm or site does not produce a minimum of 60% of the feed necessary to sustain the herd.

B.

The farm or site is insufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.

COMMON COUNCIL — The Common Council of the City of New Berlin, Waukesha County, Wisconsin.

COMMUNITY LIVING ARRANGEMENTS — The following facilities, licensed or operated or permitted under the authority of the Wisconsin State Statutes: child welfare agencies under Wis. Stats., § 48.60, group foster homes for children under Wis. Stats., § 48.02(7m), and community-based residential facilities under Wis. Stats., § 50.01. The term 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 Wis. Stats., §§ 46.03(22), 59.69, 62.23(7)(i), and 62.23(7a), and amendments thereto. Community-based residential facilities (CBRF) are a type of community living arrangement.

COMPLETE APPLICATION — An application for a development approval or permit that has been submitted in the required format, includes all mandatory information, and is accompanied by the established fee.

COMPOSTING FACILITY — A container or other designated location for the biological decomposition of organic material, such as vegetable scraps, leaves, grass clippings, vegetation, wood shavings, and nonhuman manure, to produce material for fertilizing and conditioning soils.

COMPREHENSIVE PLAN — A document or series of documents prepared by the Plan Commission and duly adopted by said Commission, setting forth policies for the future development or redevelopment of the City of New Berlin pursuant to §§ 62.23 and 66.1001, Wis. Stats.

CONDITIONAL USE — See "use, conditional" below.

CONDOMINIUM — The absolute ownership of a unit in a multiunit building based on a legal description of the airspace the unit actually occupies, plus an undivided interest in the ownership of the common elements, which are owned jointly with the other condominium unit owners.

CONIFEROUS — Trees and shrubs that generally have needles rather than leaves, bear cones, and typically remain green throughout the year.

CONNECTED IMPERVIOUSNESS — (As it pertains to post-construction stormwater management, Section 275-55.1) An impervious surface that is directly connected to a separate storm sewer or water of the state via an impervious flow path.

CONSERVATION AREAS — That portion of a tract of land that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Conservation areas may be accessible to the residents of the development and/or the municipality. They may also contain areas of conservancy lots that are not accessible to the public.

CONSERVATION LOT — A large, privately owned lot constituting part of an area of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to conservation area while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standards for conservation areas. Public access to conservancy lots is not required.

CONSTRAINED LANDS — Constrained lands are identified as lands within the right-of-way, all land under existing private streets, wetlands, floodways, floodfringe, steep slopes, extensive rock outcroppings, and moderately steep slopes.

CONSTRUCTION SITE — (As it pertains to construction site erosion control, Section 275-55.2) An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan, including landfills and quarry activity only to the extent not regulated by the Department of Natural Resources or controlled by an approved plan of operation.

CONTEMPORANEOUS RECLAMATION — (As it pertains to nonmetallic mining, Section 275-63) The sequential or progressive reclamation of portions of the nonmetallic mining site affected by mining operations that is performed in advance of final site reclamation, but which may or may not be final reclamation, performed to minimize the area exposed to erosion, at any one time, by nonmetallic mining activities.

CONTIGUOUS — See "abutting or adjoining."

CONVENIENT CASH BUSINESS — A convenient cash business, also referred to as a "payday loan business," "title for cash business," "check cashing business" or similar enterprise, is any person licensed pursuant to § 218.05, Wis. Stats., or a person licensed pursuant to § 138.09, Wis. Stats., who accepts a check or title, holds the check or title for a period of time before negotiating or presenting the check or title for payment, and pays to the issuer an agreed-upon amount of cash, or who refinances or consolidates such a transaction. Convenient cash businesses do not include financial institutions as defined elsewhere in this section.

CORNER LOT — See "lot, corner" below.

COSMETIC TATTOO ESTABLISHMENTS/PERMANENT COSMETICS — This service includes application of permanent cosmetics, such as eyeliner on the top and bottom of the eyes, lip liner and color for top and bottom lips, and full and partial eyebrow coloration.

COUNTY — Waukesha County, Wisconsin.

CRAWLWAYS or CRAWLSPACE — (As it pertains to floodplain, Section 275-65) An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

CUT — The excavating of earth from the ground surface during the process of land development.

DAY-CARE CENTER — A building or structure where care, protection, and supervision are provided on a regular basis away from the primary residence for less than 24 hours, with or without compensation or the provision of educational purposes. This term could include, but is not limited to, day nurseries, nursery schools, preschools, play groups, day camps, or summer camps. See also "family day-care home" below.

DCD — The Department of Community Development.

DECIDUOUS — Trees and shrubs that lose their leaves at the end of each growing season and develop new ones the following season.

DECK — An uncovered platform, either freestanding or attached to a building, that is supported by pillars or posts. A deck has ground level access.

DECK — (As it pertains to floodplain, Section 275-65) An unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation.

DENSITY, GROSS — The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land (in acres) within a development. This would include all nonresidential land uses and private streets of the development, as well as rights-of-way of dedicated streets, the result being the number of dwelling units per gross acre of land.

DENSITY, NET — The numerical value obtained by dividing the total number of dwelling units in a development by the net area (in acres) with a development. The net area is the land within a development excluding public rights-of-way, private streets and areas zoned FWO, C-1, C-2 or C-3.

DEPARTMENT OF NATURAL RESOURCES — The Wisconsin Department of Natural Resources (DNR).

DEPARTMENT STORE — A single commercial business that has a minimum building or floor area of 25,000 square feet.

DESIGN STANDARDS — The City of New Berlin Infrastructure and Site Design Standards.

DESIGN STORM — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

DEVELOPER — See "subdivider or developer" below.

DEVELOPMENT — The carrying out of any building or construction activity, extraction or excavation operations, or the making of a substantial material change in the use or appearance of a structure or lot. "Development" shall not include the dividing of land into two or more parcels. (see "subdivision"). Development shall include:

A.

Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on a lot;

B.

Any change in the intensity of use of a lot, such as an increase in the number of dwelling units in a structure or on a tract of land or material increase in the intensity and impacts of the development;

C.

Any change in use of land or structure;

D.

Any alteration of a shore or bank of a river, stream, lake, reservoir, wetlands, or floodplains;

E.

The clearing of land as an adjunct of construction;

F.

The commencement of drilling, except to obtain soil samples, mining, stockpiling or fill materials, filling or excavation on a parcel of land;

G.

The demolition of a structure;

H.

The deposit of refuse, solid or liquid waste, or fill on a parcel of land;

I.

The cutting, filling, or grading of land; and

J.

The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent properties.

DEVELOPMENT — (As it pertains to floodplain, Section 275-65) Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

DEVELOPMENT — (As it pertains to post-construction stormwater management, Section 275-55.1) Residential, commercial, industrial or institutional land uses and associated roads.

DIAMETER AT BREAST HEIGHT (dbh) — The trunk diameter of a tree, measured in inches at a height of four and one-half feet from the ground, or, in the case of a tree that is divided into multiple trunks, below four and one-half feet, as measured at the most narrow point beneath the point of trunk division.

DIRECT CONDUITS TO GROUNDWATER — (As it pertains to post-construction stormwater management, Section 275-55.1) Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, nonmetallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.

DIRECTOR — The Director of the Department of Community Development, City of New Berlin, or his/her designee. The Deputy Director of Community Development shall assume all authority and decision making authority in the Director's absence.

DISTRIBUTED ANTENNA SYSTEM — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.

DISTRICT, BASIC — A part or parts of the City for which the uniform regulations of this chapter govern the use and location of land and buildings.

DISTRICT, OVERLAY — A superimposing of certain additional requirements upon an underlying 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.

DIVISION OF LAND — (As it pertains to construction site erosion control, Section 275-55.2) The creation from one parcel of two or more parcels or buildings on a site of one or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.

DONATION BOX — An unattended container, receptacle, or similar device that accepts textiles, shoes, books, clothing or other salvageable personal property items to be used by the operator for distribution, resale, or recycling. This term does not apply to any unattended collection box located within a building.

DRAINAGE — Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which includes runoff control to minimize erosion and sedimentation during and after construction.

DRIVE-THROUGH FACILITY — An establishment that encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

DRIVEWAY — A private roadway providing access to a street or highway from a building or structure.

DRIVEWAY, SHARED — A driveway shared by adjacent property owners and privately owned and maintained.

DRYLAND ACCESS — (As it pertains to floodplain, Section 275-65) A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough for wheeled rescue and relief vehicles.

DRYLAND ACCESS — A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough for wheeled rescue and relief vehicles.

DUMPSTER — A receptacle for common household or business waste as well as for recyclable goods.

DWELLING UNIT — A building, or portion thereof, designed and used as living and sleeping quarters for a single household, that includes exclusive sleeping, kitchen, eating, and sanitary facilities.

DWELLING, EFFICIENCY — A dwelling unit consisting of one principal room with no separate sleeping rooms.

DWELLING, MULTIPLE-FAMILY — A residential building designed to be occupied by three or more households within separate dwelling units.

DWELLING, SINGLE-FAMILY — A detached building designed to be occupied exclusively by one household.

DWELLING, TWO-FAMILY — A detached building designed to be occupied by two households in two separate units.

EASEMENT — An area where one or more property rights is reserved, conveyed, or granted by the property owner to and for the use of the public, a corporation, or other persons, for a designated part of the property, and for a specified or limited purpose, without the transfer of title; a grant by the property owner of the use of a strip of land to the City, public, or to one or more persons or corporations for a specific purpose or purposes.

EASEMENT SLOPE — That portion of land lying outside the limits of the street right-of-way necessary to comply with the minimum slope requirements, as set forth in the specifications.

EAVE — The projecting lower edge of a roof that overhangs the exterior wall of a building, also known as the fascia.

EDUCATIONAL FACILITIES — Buildings or structures used to teach students. Educational facilities may include primary schools, elementary schools, middle schools, high schools, colleges, vocational schools, and other similar uses.

EFFECTIVE INFILTRATION AREA — (As it pertains to post-construction stormwater management, Section 275-55.1) The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms or pretreatment.

ELDERLY HOUSING — 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 spouse is an elderly person as defined herein.

ELECTRONIC MESSAGE CENTER — A sign capable of displaying words, symbols, figures or images that can be electronically changed by remote or automatic means. Video displays are not permitted as part of electronic message centers.

ENCROACHMENT — (As it pertains to floodplain, Section 275-65) Any fill, structure, equipment, building, use or development in the floodway.

ENVIRONMENTAL CORRIDOR — Defined by the Regional Planning Commission as linear areas in the landscape which contain concentrations of high-value elements of the natural resources base.

ENVIRONMENTAL POLLUTION — (As it pertains to nonmetallic mining, Section 275-63) Has the meaning in § 295.11(2), Wis. Stats.

EQUIPMENT COMPOUND — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) An area surrounding or adjacent to the base of an existing support structure, within which are located mobile service facilities.

EROSION — The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

EROSION AND SEDIMENT CONTROL PLAN — (As it pertains to construction site erosion control, Section 275-55.2) A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.

ESSENTIAL SERVICES — Services provided by public and private utilities necessary for the exercise of the specific principal use or service of the principal structure on a given lot. Note: a public utility is not considered an essential service and must be subordinate to some other principal use or 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, solar collectors, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.

EXCEPTIONAL RESOURCE WATERS — (As it pertains to post-construction stormwater management, Section 275-55.1) Waters listed in § NR 102.11, Wis. Adm. Code.

EXISTING RESOURCES AND SITE ANALYSIS MAP — This map identifies, locates, and describes noteworthy features to be designed around sensitive subdivision layouts. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and to provide a complete and factual reference for them in making a site visit. This map should include an orthophoto, the topography, locations of ponds, streams, ditches, and other drainageways, vegetation cover features (including cultivated lands, permanent grass, meadow, pasture, old fields, hedgerow, wetlands, and woodlands), and also soils, ridgelines, scenic views, geologic formations, man-made features, proposed streets, trails, parks, easements, etc. See Section 235-38.

EXISTING STRUCTURE — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with a political subdivision.

EXOTIC ANIMALS — For purposes of this chapter shall include, but are not limited to, any or all of the following orders and families of animals, whether bred in the wild or in captivity, including all hybrids. The animals listed in parentheses are intended to act as examples of common order or family species and are not to be construed as an exhaustive list or to limit the generality of each group of animals, unless otherwise specified.

A.

Class Mamalia.

(1)

Order Artiodactyla (hippopotamuses, giraffes, not cattle, swine, sheep, goats or camels).

(2)

Order Canivora.

(a)

Family Felidae (lions, tigers, cougars, leopards, ocelots, servals, not domestic cats from the felis catus family).

(b)

Family Canidae (wolves, coyotes, foxes, jackals, not domestic dogs).

(c)

Family Ursidae (all bears).

(d)

Family Mustelidae (weasels, skunks, martins, minks, not ferrets).

(e)

Family Procyonidae (raccoons, coatis).

(f)

Family Hyaenidae (hyenas).

(g)

Family Viverridae (civets, genets, mongooses).

(3)

Order Edentatia (anteaters, armadillos, sloth).

(4)

Order Marsupialia (opossums, kangaroos, wallabies).

(5)

Order Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules).

(6)

Order Primates (lemurs, monkeys, chimpanzees, gorillas).

(7)

Order Proboscidae (elephants).

(8)

Order Rodentia (squirrels, beavers, porcupines, Gambian rats, prairie dogs, not guinea pigs, rats, mice, gerbils or hamsters).

B.

Class Reptilia.

(1)

Order Squamata.

(a)

Family Varanidae (monitor lizards, Komodo dragons), all species.

(b)

Family Iguanaidae, all species.

(c)

Family Boidae (boa constrictors, pythons), all species.

(d)

Family Colubridae (boomslangs and African twig snakes), all species.

(e)

Family Elapidae (such as coral snakes, cobras, mambas, etc.), all species.

(f)

Family Nactricidae (keelback snakes), all species.

(g)

Family Viperidae (such as copperhead, cottonmouths, rattlesnakes, etc.), all species.

C.

Order Crocidilia (such as crocodiles, alligators, caimans, gavials, etc.), all species.

EXTRATERRITORIAL — (As it pertains to construction site erosion control, Section 275-55.2) The unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within one and one-half miles of a fourth class city or City.

FALL ZONE — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) The area over which a mobile support structure is designed to collapse.

FAMILY — Any number of persons related by blood, adoption, or marriage, or not to exceed four persons not so related, living together in one dwelling unit as a single housekeeping entity, excepting foster family homes.

FAMILY DAY-CARE HOME — A dwelling licensed as a day-care center by the State of Wisconsin pursuant to § 48.65, Wis. Stats., where care is provided for not more than eight children.

FARM BUILDINGS, GENERAL — Buildings associated with agricultural uses, the raising of crops or the raising of animals, and may include barns, silos, sheds, and storage bins intended for permitted agricultural uses and sized to meet demonstrated agricultural needs.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — (As it pertains to floodplain, Section 275-65) The federal agency which administers the National Flood Insurance Program.

FENCE — An artificially constructed barrier of any material or combination of materials erected to enclose, barricade, define boundaries, or screen. A fence shall not include shrubs, trees, or other growing plants.

FILL — A deposit of materials of any kind placed by artificial means.

FILTERING LAYER — (As it pertains to post-construction stormwater management, Section 275-55.1) Soil that has at least a three-foot deep layer with at least 20% fines; or at least a five-foot deep layer with at least 10% fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.

FINAL STABILIZATION — (As it pertains to post-construction stormwater management, Section 275-55.1 and construction site erosion control, Section 275-55.2) All land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.

FINANCIAL ASSURANCE — (As it pertains to nonmetallic mining, Section 275-63) A commitment of funds or resources by an operator to a regulatory authority that satisfies the requirements in Section 275-63 and is sufficient to pay for reclamation activities required by this chapter.

FINANCIAL GUARANTEE — (As it pertains to post-construction stormwater management, Section 275-55.1) A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City of New Berlin by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.

FINANCIAL GUARANTY or SURETY — An irrevocable letter of credit, a cash bond, or other financial guaranty approved by the City Attorney.

FINANCIAL INSTITUTIONS — Establishments engaged in deposit banking. Financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, and credit unions.

FLOOD FREQUENCY — (As it pertains to floodplain, Section 275-65) The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

FLOOD HAZARD BOUNDARY MAP — (As it pertains to floodplain, § 275-65) A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map.

FLOOD INSURANCE RATE MAP (FIRM) — (As it pertains to floodplain, Section 275-65) A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

FLOOD INSURANCE STUDY — (As it pertains to floodplain, Section 275-65) A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

FLOOD or FLOODING — (As it pertains to floodplain, Section 275-65) A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions:

A.

The overflow or rise of inland waters;

B.

The rapid accumulation or runoff of surface waters from any source;

C.

The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or

D.

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a serve storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

FLOOD PROFILE — (As it pertains to floodplain, Section 275-65) A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

FLOOD PROTECTION ELEVATION — (As it pertains to floodplain, Section 275-65) An elevation of two feet of freeboard above the Regional Flood Elevation (see also "freeboard").

FLOOD STORAGE — (As it pertains to floodplain, Section 275-65) Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

FLOODFRINGE — (As it pertains to floodplain, Section 275-65) That portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.

FLOODLANDS — All lands contained in the regional flood or 100-year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into the Floodway Overlay District and the Floodplain Fringe Overlay District.

FLOODPLAIN — (As it pertains to floodplain, Section 275-65) Land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes.

FLOODPLAIN ISLAND — (As it pertains to floodplain, Section 275-65) A natural geological land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

FLOODPLAIN MANAGEMENT — (As it pertains to floodplain, Section 275-65) Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

FLOODPLAIN ZONING MAP — A portion of the Zoning Map that shows the flood hazard district boundaries and all information required by Wis. Adm. Code § NR 116.09.

FLOODPROOFING — (As it pertains to floodplain, Section 275-65) Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

FLOODWAY — (As it pertains to floodplain, Section 275-65) The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

FLOOR AREA, GROSS — The sum of the gross horizontal areas of all floors, measured in square feet, not including the basement floor, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. Gross floor area shall include all areas used for storage, elevator shafts, and mechanical equipment.

FLOOR AREA, NET — For the purpose of calculating parking spaces, the sum of the gross horizontal areas of all floors, measured in square feet, not including the basement floor or areas that are used primarily for storage, elevator shafts, and mechanical equipment, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings.

FOSTER FAMILY HOME — The primary residence of a foster parent which is for four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.

FOWL, LARGE — Emus, rheas, and ostriches (ratites) housed outdoors, kept or raised for sale, resale, human consumption or pleasure.

FOWL, SMALL — Any bird housed outdoors, including, but not limited to, chickens, pigeons, ducks, geese, turkeys, peacocks and pheasants that are kept or raised for sale, resale, human consumption or pleasure.

FREEBOARD — (As it pertains to floodplain, Section 275-65) A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

FRONTAGE — See "lot frontage."

FRONTS — Abutting a public right-of-way. See also "lot frontage."

GARAGE SALE — See "rummage sale."

GARAGE, PRIVATE — An accessory building primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the owner or occupant of the principal building. A private garage shall not mean a carport.

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, snowmobiles, or other recreational vehicles for hire.

GASIFICATION — A process that converts biomass- or fossil fuel-based carbonaceous materials into carbon monoxide, hydrogen and carbon dioxide. This is achieved by reacting the material at high temperatures (greater than 700° C.), without combustion, with a controlled amount of oxygen and/or steam. The resulting gas mixture is called syngas (from synthesis gas) or producer gas and is itself a fuel. The power derived from gasification and combustion of the resultant gas is considered to be a source of renewable energy if the gasified compounds were obtained from biomass.

GAZEBO — A freestanding roofed structure.

GOVERNING BODY — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control Section 275-55.2) County board of supervisors, town board of supervisors, village board of trustees, village council, or City Council.

GOVERNMENT OFFICE — An establishment where office uses associated with functions of government agencies are conducted. Government offices may include office space for municipal, county, regional, and federal agencies.

GRADE —

A.

The average elevation of the land around a building; or

B.

The percent of rise or descent of a sloping surface as it exists or as rendered by cut and/or fill activities.

GRADE, FINISHED — The final elevation of the ground level after topsoil has been applied to graded slopes, as measured six feet from the exterior walls of the structure.

GRADING — The rearrangement of the earth's surface by stripping, cutting, filling, or stockpiling of earth or land.

GREENFIELD DEVELOPMENT SITES — Farmland and open areas where there has been no prior industrial or commercial activity and, therefore, where the threat of contamination is much lower than urbanized areas.

HABITABLE STRUCTURE — (As it pertains to floodplain, Section 275-65) Any structure or portion thereof used or designed for human habitation.

HALF STREET — Will be defined.

HEALTH AND FITNESS CENTERS — Establishments that primarily engage in providing health services for individuals. Health and fitness centers may include, but are not limited to, health clubs, fitness studios, studios, gyms, cross-fit gyms, and dance studios.

HEARING NOTICE — (As it pertains to floodplain, Section 275-65) Publication or posting meeting the requirements of Ch. 985, Wis. Stats. For appeals, a Class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing, is required. Local ordinances or bylaws may require additional notice, exceeding these minimums.

HEAVY INDUSTRIAL USES — The manufacturing, processing, or assembly of products where air, noise, or odor pollution may create excessive land use conflicts or where a portion of the use is located outside of an enclosed structure.

HIGH FLOOD DAMAGE POTENTIAL — (As it pertains to floodplain, Section 275-65) Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

HIGH-INTENSITY SOIL SURVEY — A Class A soil survey, conducted by a certified soils scientist and prepared according to the standards of the National Cooperative Soil Survey, resulting in a soils map in which the mapping units are single phases of soils series and the mapping units delineated are contrasting soils of one-eighth acre or less in size.

HIGHEST ADJACENT GRADE — (As it pertains to floodplain, Section 275-65) The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HIGHWALL — (As it pertains to nonmetallic mining, Section 275-63). A vertical or nearly vertical face in solid rock or a slope of consolidated or unconsolidated material that is steeper than 3:1.

HISTORIC STRUCTURE — (As it pertains to floodplain, Section 275-65) Any structure that is either:

A.

Listed individually on the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior, or by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION — An occupation or profession for financial gain or profit which is incident to and carried on entirely within a dwelling unit located on a lot, exclusive of attached garage or patio area, by resident occupants of the dwelling unit and which occupation is clearly incidental to and accessory to the residential use of the premises [See also Section 275-42].

HOMEOWNERS' ASSOCIATION — An organization formed to manage the common open space and facilities within a development that are not publicly maintained; membership in and financial support of such organization is mandatory for all landowners within the development.

HOTEL or MOTEL — A building in which lodging, with or without meals, is offered for compensation and in which there are more than five sleeping rooms.

HOUSEHOLD — A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and of all areas and facilities for the preparation and serving of food within the dwelling unit. See "family."

ILLICIT CONNECTION — (As it pertains to illicit charges and connections, Section 275-55.3) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances which allow any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been allowed, permitted, or approved by a government agency prior to the adoption of this section.

IMPERVIOUS SURFACE — (As it pertains to post-construction stormwater management, Section 275-55.1) An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.

IMPERVIOUS SURFACES — Any portion of a lot that is covered by a structure or surface that prevents the passage or absorption of stormwater runoff, including but not limited to pavement, driveways and structures.

IMPROVEMENTS — Street grading and surfacing, with or without curbs and gutters, side paths, sidewalks, crosswalks, water mains, sanitary and storm sewers, culverts, bridges, and street trees.

INCREASE IN REGIONAL FLOOD HEIGHT — (As it pertains to floodplain, Section 275-65) A calculated upward rise in the regional flood elevation greater than zero feet, based on a comparison of existing conditions and proposed conditions, which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.

INDOOR PUBLIC RECREATION FACILITIES — Publicly owned buildings including, but not limited to, recreational buildings, community centers, libraries, museums, galleries, playgrounds, and gymnasiums.

INDOOR RECREATION AND AMUSEMENT FACILITIES — Establishments that primarily engage in providing exclusively indoor recreation and/or amusement for commercial purposes including, but not limited to, playgrounds, miniature golf courses, batting cages, gymnasiums, trampoline parks, swimming pools, bowling alleys, amusement centers, and arcades. May include restaurant or food services.

INDUSTRIAL SALES — The sale of merchandise to industrial uses that may include the sale of fuels, gases and industrial vehicles.

INFILL AREA — (As it pertains to post-construction stormwater management, Section 275-55.1) An undeveloped area of land located within existing development.

INFILL DEVELOPMENT — The development of vacant or partially developed parcels which are surrounded by or in close proximately to areas that are substantially or fully developed.

INFILTRATION — The entry and movement of precipitation or runoff into or through the soil.

INFILTRATION SYSTEM — (As it pertains to post-construction stormwater management, Section 275-55.1) A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or roadside channels designed for conveyance and pollutant removal only.

ISOLATED NATURAL FEATURES — Isolated natural features are generally isolated from the environmental corridors by urban development and, although separated from the environmental corridor network, have important natural values. Isolated natural resource areas may provide the only available wildlife habitat in an area, provide good locations for local parks and natural areas, and lend unique and aesthetic character and natural diversity to an area.

KARST FEATURE — (As it pertains to post-construction stormwater management, Section 275-55.1) An area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swales.

KEEPING AND RAISING OF ANIMALS — The use of land for raising, pasturing or yarding of livestock.

LAND USE — (As it pertains to floodplain, Section 275-65) Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT)

LAND USE MAP — A map based on a series of maps that are part of the land use element of the Comprehensive Plan that shows the current land uses and future land uses that indicate productive agricultural soils, natural limitations for building site development, floodplains, wetlands and other environmentally sensitive lands, the boundaries of areas to which services of public utilities and community facilities will be provided in the future consistent with the plan's timetable, and the general location of future land uses by net density or other classifications.

LAND-DISTURBING CONSTRUCTION ACTIVITY — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

LANDFILL — A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternate layers of specified depth in accordance with an approved plan.

LANDMARK — Any structure or improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the community, state, or nation and which has been designated as a landmark pursuant to the provisions of the City of New Berlin Landmarks Commission Ordinance.

LANDMARK SITE — Any parcel of land of historical significance due to substantial value in tracing the history of aboriginal man, or upon which an historic event has occurred, and which has been designated as a landmark site pursuant to the provisions of this chapter; or a parcel of land, or part thereof, on which is located a landmark and any abutting parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated.

LANDOWNER — (As it pertains to nonmetallic mining, Section 275-63). The person who has title to land in fee simple or who holds a land contract for the land. A landowner is not a person who owns nonmetallic mineral rights to land if a different person possesses title to that land in fee simple or holds a land contract for that land.

LANDOWNER — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.

LANDSCAPING — Living material, such as grass, ground cover, flowers, shrubs, vines, hedges, and trees, and nonliving durable material, such as rocks, pebbles, sand, mulch, and wood chips or bark, but not including paving. Landscaping is intended to be both decorative and functional. Functional uses of landscaping include protection against erosion, absorption of pollutants, sound retardation, visual barrier, buffering or screening between different land uses, shade to moderate temperatures, protection from wind, and oxygen renewal. Landscaping may serve as screening when it is densely planted.

LETTER OF MAP AMENDMENT (LOMA) — Official notification from the Federal Emergency Management Agency (FEMA) that an individual property or structure has been removed from a Flood Hazard Boundary Map or Flood Insurance Rate Map.

LETTER OF MAP REVISION (LOMR) — Official notification from the Federal Emergency Management Agency (FEMA) that a municipality's Flood Hazard Boundary Map or Flood Insurance Rate Map has been amended. A LOMR is issued when the revised map is not republished.

LEVEL OF SERVICE (LOS) —

A.

In general terms, an indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Generally, "level of service" indicates the capacity per unit of demand for a public facility.

B.

More specifically, in terms of transportation, "level of service" shall mean a qualitative measure describing operational conditions within a traffic stream, generally described in terms of such factors as speed, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. LOS is usually expresses in terms of six levels, designated A through F, with A being the best and F being the worst.

LICENSED PROFESSIONAL GEOLOGIST — A person who is licensed as professional geologist pursuant to Ch. 470, Wis. Stats.

LIGHT INDUSTRIAL USES — The manufacturing, processing or assembly of products within a fully enclosed structure where noise, odor, light, or vibration is not noticeable from the adjacent properties.

LIMITS OF DISTURBANCE (LOD) — The area(s) of a site, as established pursuant to Section 275-54 A of this chapter, that may be disturbed by earth movement (grading) or cleared of vegetation, including disturbance or clearance to provide space for construction of principal and accessory uses and structures, driveways, parking areas, roads, drainage and stormwater management facilities, or utilities.

LIVESTOCK — Domestic farm animals which are typically kept for breeding, production of agricultural products, sale, consumption or pleasure (see also definitions for "livestock, large" and "livestock, small").

LIVESTOCK, LARGE — Cattle, bison, horses and other livestock generally weighing over 500 pounds, including pigs over 300 pounds. Pigs over 300 pounds are only permitted in the A-1 District.

LIVESTOCK, SMALL — Small animals such as sheep, goats, miniature horses, small ponies, llamas, alpaca, potbellied pigs and other noncommercial small-breed pigs under 300 pounds and other livestock generally weighing under 500 pounds.

LOADING AREA/DOCK — An off-street space or berth for the loading or unloading of freight carriers on the same lot as the structure they serve.

LOCAL STREET — See "street, minor."

LOCALLY GROWN CROPS — Food and other agricultural products that are grown or produced, processed and sold within a certain region.

LOT — A platted parcel of land, having proper street frontage, sufficient in size to meet the lot width, lot frontage, lot area, and other open space provisions of this chapter, and separately owned, developed, and otherwise operated as a unit.

LOT AREA — The total gross amount of horizontal land area within all lot lines. Public rights-of-way and private streets shall not be used in the calculation of lot area except as noted in Article VI.

LOT COVERAGE — The total area of all buildings, measured at grade, all accessory structures, including pools, patios, etc., and all paved areas as a percentage of the total area of the lot, with the following exceptions: side paths or paved paths no wider than eight feet, pervious pavement, and green roofs.

LOT DEPTH — The average distance measured from the front lot line to the rear lot line in the general direction of the side lot lines.

LOT FRONTAGE — The dimension of a lot abutting a public street measured along the street right-of-way line.

LOT LINE — The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

LOT LINE, FRONT — The front property line which is coterminous with the street right-of-way. A front lot line is generally parallel to or less than 45° to the rear lot line. The front lot line is generally opposite the rear lot line. A corner lot or double-frontage lot has more than one front lot line.

LOT LINE, REAR — An internal lot line opposite a front yard. A rear lot line is generally parallel to or less than 45° to the front street right-of-way line. Where the street line is an arc, the angle is measured from the tangent of the arc. A lot line greater than 45° from the front street right-of-way line would be a side lot line.

LOT LINE, SIDE — An internal lot line generally extending perpendicular to the front lot line. The side lot lines extend between the front lot line and the rear lot line.

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 Waukesha County Register of Deeds and which exists as described therein.

LOT WIDTH — The width of a parcel of land measured at the building setback line or required front setback.

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.

LOT, DOUBLE-FRONTAGE — A parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water.

LOT, FLAG or PANHANDLE — A lot not meeting minimum frontage requirements and where the access to the public or private road is by a narrow private right-of-way or driveway known as the "panhandle." The length of the panhandle shall be measured from the frontage line to the nearest point of intersection with the lot's property line that parallels or almost parallels the frontage line.

LOT, INTERIOR — A lot situated with one lot line fronting a single street and bounded by adjacent lots along each of its other lot lines.

LOWEST ADJACENT GRADE — (As it pertains to floodplain Section 275-65) The elevation of the lowest ground surface that touches any of the exterior walls of a building.

LOWEST FLOOR — (As it pertains to floodplain, Section 275-65) The lowest floor of the lowest enclosed area (including basement).

MAINTENANCE — (As it pertains to floodplain, Section 275-65) The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.

MAINTENANCE AGREEMENT — (As it pertains to post-construction stormwater management, Section 275-55.1) A legal document that is filed with the County Register of Deeds as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

MANUFACTURED HOME or MOBILE HOME — (As it pertains to floodplain, Section 275-65) A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include "mobile recreational vehicle".

MASS (MASSING) — See "building mass."

MAXIMUM EXTENT FEASIBLE — That no feasible and prudent alternative exists and all possible efforts to comply with the regulation or minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible."

MEDIUM-INTENSITY SOIL SURVEY — A Class C soil survey, conducted by a certified soils scientist and prepared according to the standards of the National Cooperative Soil Survey, resulting in a soils map in which the mapping units are single phases of soils series and the mapping units delineated are contrasting soils of three acres or less in size.

MEP or MAXIMUM EXTENT PRACTICABLE — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) The highest level of performance that is achievable but is not equivalent to a performance standard identified in this section as determined in accordance with Subsection D(1)(d).

MINERAL EXTRACTION — The extraction or excavation of rock, ore, stone, sand, gravel, soil, peat, and similar materials from the earth for off-site use.

MINERAL PROCESSING — The crushing, cleansing, separation or other similar processing activities of rock, ore, stone, sand, gravel, soil, peat, and similar materials that have been extracted or excavated from the earth.

MINOR STREET — See "street, minor."

MOBILE RECREATIONAL VEHICLE — (As it pertains to floodplain, Section 275-65) A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."

MOBILE SERVICE — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) Has the meaning given in 47 U.S.C. § 153(33). The term "mobile service" means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:

A.

Both one-way and two-way radio communication services;

B.

A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and

C.

Any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services," or any successor proceeding.

MOBILE SERVICE FACILITY — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

MOBILE SERVICE PROVIDER — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A person who provides mobile service.

MOBILE SERVICE SUPPORT STRUCTURE — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A freestanding structure that is designed to support a mobile service facility.

MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION — (As it pertains to floodplain, Section 275-65) A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING — (As it pertains to floodplain, Section 275-65) A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this chapter. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING — (As it pertains to floodplain, Section 275-65) The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading or the pouring of concrete pads.

MODEL, CORRECTED EFFECTIVE — (As it pertains to floodplain, Section 275-65) A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more-detailed topographic information than that used in the current effective model.

MODEL, DUPLICATE EFFECTIVE — (As it pertains to floodplain, Section 275-65) A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.

MODEL, EFFECTIVE — (As it pertains to floodplain, Section 275-65) The hydraulic engineering model that was used to produce the current effective Flood Insurance Study.

MODEL, EXISTING (PRE-PROJECT) — (As it pertains to floodplain, Section 275-65) A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the Effective Model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.

MODEL, REVISED (POST-PROJECT) — (As it pertains to floodplain, Section 275-65) A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.

MUNICIPALITY or MUNICIPAL — (As it pertains to floodplain, Section 275-65) The county, city or village governmental units enacting, administering and enforcing this Zoning Ordinance.

NATIVE PLANTS — Plants that are inherent and original to a geographic region.

NAVD or NORTH AMERICAN VERTICAL DATUM — (As it pertains to floodplain, Section 275-65) Elevations referenced to mean sea level datum, 1988 adjustment.

NAVIGABLE WATER — Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. For the purpose of this chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey Quadrangle Maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable. Furthermore, streams not shown on USGS Quadrangle Maps may later be determined to be navigable by physical navigation.

NEW CONSTRUCTION — (As it pertains to floodplain, Section 275-65) Structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures.

NEW DEVELOPMENT — (As it pertains to post-construction stormwater management, Section 275-55.1) Development resulting from the conversion of previously undeveloped land or agricultural land uses.

NGVD or NATIONAL GEODETIC VERTICAL DATUM — (As it pertains to floodplain, Section 275-65) Elevations referenced to mean sea level datum, 1929 adjustment.

NON-FLOOD DISASTER — (As it pertains to floodplain, Section 275-65) A fire or an ice storm, tornado, windstorm, mudslide or other destructive act of nature, but excludes a flood.

NONCONFORMING STRUCTURE — (As it pertains to floodplain, Section 275-65) An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this Zoning Ordinance for the area of the floodplain which it occupies. For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.

NONCONFORMING USE — See "use, nonconforming."

NONCONFORMING USE — (As it pertains to floodplain, Section 275-65) An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this Zoning Ordinance for the area of the floodplain which it occupies (such as a residence in the floodway).

NONMETALLIC MINERAL — A product, commodity or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil.

NONMETALLIC MINING or MINING — All of following:

A.

Operations or activities at a nonmetallic mining site for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator. Nonmetallic mining includes use of mining equipment or techniques to remove materials from the in-place nonmetallic mineral deposit, including drilling and blasting, as well as associated activities such as excavation, grading and dredging. Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.

B.

Processes carried out at a nonmetallic mining site that are related to the preparation or processing of the mineral aggregates or nonmetallic minerals obtained from the nonmetallic mining site. These processes include, but are not limited to, stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping and dewatering.

NONMETALLIC MINING RECLAMATION or RECLAMATION — The rehabilitation of a nonmetallic mining site to achieve a land use specified in a nonmetallic mining reclamation plan approved under this chapter, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution and, if practicable, the restoration of plant, fish and wildlife habitats.

NONMETALLIC MINING REFUSE — Waste soil, rock and minerals, as well as other natural site material resulting from nonmetallic mining. Nonmetallic mining refuse does not include marketable by-products resulting directly from or displaced by the nonmetallic mining that are scheduled to be removed from the nonmetallic mining site within a reasonable period of time after extraction.

NONMETALLIC MINING SITE or SITE — All contiguous areas of present or proposed mining described in Subsection A, subject to the qualifications in Subsection B.

A.

"Nonmetallic mining site" means the following:

(1)

The location where nonmetallic mining is proposed or conducted.

(2)

Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

(3)

Areas where nonmetallic mining refuse is deposited.

(4)

Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.

(5)

Areas where grading or regrading is necessary.

(6)

Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located.

B.

"Nonmetallic mine site" does not include any of the following areas:

(1)

Those portions of sites listed in Subsection A not used for nonmetallic mining or purposes related to nonmetallic mining after August 1, 2001.

(2)

Separate, previously mined areas that are not used for nonmetallic mineral extraction after August 1, 2001, and are not contiguous to mine sites, including separate areas that are connected to active mine sites by public or private roads.

(3)

Areas previously mined but used after August 1, 2001, for a nonmining activity, such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining.

NRCS MSE3 OR MSE4 DISTRIBUTION — (As it pertains to post-construction stormwater management, Section 275-55.1) A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation from Atlas 14.

NUDITY — The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the human male genitals in a discernibly turgid state even if completely or opaquely covered.

OBSTRUCTION TO FLOW — (As it pertains to floodplain, Section 275-65) Any development which blocks the conveyance of floodwaters such that this development, alone or together with any future development, will cause an increase in regional flood heights.

OFF SITE — (As it pertains to post-construction stormwater management, Section 275-55.1) Located outside the property boundary described in the permit application.

OFF-STREET PARKING — All off-street areas and spaces designed, used, required, or intended to be used for parking, storage, or display of motor vehicles, and shall include all driveways, entrance drives, or access drives to such areas, but shall not include public streets and rights-of-way.

OFFICIAL FLOODPLAIN ZONING MAP — (As it pertains to floodplain, Section 275-65) That map, adopted and made part of this Zoning Ordinance, as described in Section 275-65, which has been approved by the Department of Natural Resources and FEMA.

OFFICIAL LETTER OF MAP AMENDMENT — See "letter of map amendment."

OFFICIAL LETTER OF MAP REVISION — See "letter of map revision."

OFFICIAL MAP — The document, as described by § 62.23(6), Wis. Stats., which shows the location of streets, highways, parkways, parks, playgrounds, railroad rights-of-way, waterways, and public transit facilities in the City of New Berlin.

ON SITE — (As it pertains to post-construction stormwater management, Section 275-55.1) Located within the property boundary described in the permit application.

ONE-HUNDRED-YEAR RECURRENCE INTERVAL FLOOD — A flood event which has a 1% chance of occurring or being exceeded in any given year on a particular lake, river or stream based upon engineering analysis of lake level or stream-flow records available for the watershed or an analysis of rainfall and runoff characteristics in the watershed, or both. Statistically, a 1% annual probability will occur on average every 100 years.

OPEN SPACE — Land areas not occupied by buildings, structures, parking areas, streets, driveways, or alleys. Open space shall not include upper-floor decks and/or balconies.

OPEN SPACE LAND — A portion of a tract of land that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Open space land may be accessible to residents of the development and/or the City of New Berlin, or it may contain areas of conservancy lots, which are not accessible to the public.

OPEN SPACE USE — (As it pertains to floodplain, Section 275-65) Those uses having a relatively low flood damage potential and not involving structures.

OPERATOR — Any person who is engaged in, or who has applied for a permit to engage in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

ORDINARY HIGH-WATER MARK — The point on the bank or shore of a body of water 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.

ORDINARY HIGH-WATER MARK — (As it pertains to floodplain, Section 275-65) The point on the bank or shore of a body of water 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.

ORGANIZATIONAL CLUB — An organization of persons for special purposes or for the promulgation of sports, art, literature, politics, or other common goals, interests, or activities, characterized by membership requirements, dues, or regular meetings, excluding clubs operated for profit or churches.

OUTDOOR DISPLAYS AND SALES — The display or sale of items, merchandise, junk, material, or vehicles outside of an enclosed structure for more than four consecutive days.

OUTDOOR STORAGE — The storage of items, merchandise, junk, material, or vehicles outside of an enclosed structure for more than four consecutive days that are not being displayed for sale. Items that are visible and are not located within an approved area for outdoor displays and sales are considered outdoor storage and shall meet the requirements in Section 275-41 C(10).

OUTLOT — A parcel of land, other than a lot or block, so designated on the plat.

OUTSTANDING RESOURCE WATERS — (As it pertains to post-construction stormwater management, Section 275-55.1) Waters listed in § NR 102.10, Wis. Adm. Code.

PADDOCKS — Fenced-in areas used for riding courses or academies, showing or displaying of animals, and the confined feeding of animals, not including general pasturing.

PARK — Space designated to serve the recreational needs of the community, as further defined in the Comprehensive Plan.

PARKING AISLE — The driveway or access drive by which a car enters and departs a parking space.

PARKING LOT — A structure, premises or lot used for the parking of vehicles, excluding parking areas accessory to single-family and two-family dwelling units.

PARKING SPACE — A graded and surfaced area of not less than 180 square feet in an area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street, alley or parking aisle.

PARKING, SHARED — The joint use of a parking lot for multiple uses.

PARTIES IN INTEREST — Any person(s) with incidence of ownership, including all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

PARTY WALL — A wall containing no opening, which extends from the elevation of building footings to the elevation of the outer surface of the roof or above, and which separates contiguous buildings or units but is in joint use for each building.

PASSIVE PARKS AND RECREATIONAL FACILITIES — Any park or recreational facility where there is no grading of the land, construction of facilities, or lighting, and which is not developed for ballfields.

PATIO — A level surfaced area, either freestanding or adjacent to a building. May be covered or uncovered.

PAVILION — A roofed structure, either freestanding or attached to a building.

PERCENT FINES — (As it pertains to post-construction stormwater management, Section 275-55.1) The percentage of a given sample of soil which passes through a #200 sieve.

PERFORMANCE STANDARD — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.

PERGOLA — A structure with no roof that is open to the sky, either freestanding or attached to a building.

PERMIT — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A permit, other than a building permit, or approval issued by the City which authorizes any of the following activities by an applicant:

A.

A Class 1 co-location.

B.

A Class 2 co-location.

C.

The construction of a mobile service support structure.

PERMIT — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control Section 275-55.2). A written authorization made by the City of New Berlin to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.

PERMIT ADMINISTRATION FEE — (As it pertains to post-construction stormwater management, Section 275-55.1) A sum of money paid to the City of New Berlin by the permit applicant for the purpose of recouping the expenses incurred by the authority in administering the permit.

PERSON — An individual or group of individuals, corporation, partnership, association, municipality, or state agency.

PERSON — (As it pertains to floodplain, Section 275-65) An individual or group of individuals, corporation, partnership, association, municipality, or state agency.

PERSONAL SERVICES — Establishments that primarily engage in providing personal services for individual(s). Personal services may sell goods as long as they are related to the approved personal service. Personal services may include examples such as laundry and dry-cleaning, barbershops, beauty salons, music schools, informational and instructional services, tanning salons, portrait shops, shoe repair/shoe shine shops, tailor/garment repair shops, small household appliance repair shops, coin-operated laundromats, travel offices, and similar uses.

PERVIOUS SURFACE — (As it pertains to post-construction stormwater management, Section 275-55.1). An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.

PLAN COMMISSION — The Plan Commission of the City of New Berlin.

PLANNED UNIT DEVELOPMENT — The development of a property for residential, commercial, industrial, or mixed-use development when zoning regulations that would normally apply are superseded by controls that allow a more-sensitive and more-economical arrangement of buildings, streets, and open space on the site.

PLAT — A map of a subdivision.

PLAT APPROVAL JURISDICTION — Includes all of the corporate limits of the City and extraterritorial lands.

PLAT, PRELIMINARY — A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration; a plat map, upon which the subdivider's plan of the subdivision is presented and which he submits for approval and intends to record in final form in the office of the Waukesha County Register of Deeds.

POLITICAL SUBDIVISION — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A city, village, town, or county.

POLLUTANT — (As it pertains to post-construction stormwater management, Section 275-55.1, and Construction site erosion control, Section 275-55.2) Has the meaning given in § 283.01(13), Wis. Stats.

POLLUTION — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) Has the meaning given in § 281.01(10), Wis. Stats.

PORCH — A roofed structure that projects from the wall of a building that provides ground level access.

POST-CONSTRUCTION SITE — (As it pertains to post-construction stormwater management, Section 275-55.1) A construction site following the completion of land-disturbing construction activity and final site stabilization.

POWTS — Private owner waste treatment systems, which can be located off lot or on lot.

PRE-DEVELOPMENT CONDITION — (As it pertains to post-construction stormwater management, Section 275-55.1) The extent and distribution of land cover types present before the initiation of land-disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.

PREMISES — A lot, parcel, tract, or plot of land, together with the buildings and structures thereon.

PREVENTATIVE ACTION LIMIT — (As it pertains to post-construction stormwater management, Section 275-55.1) Has the meaning given in § NR 140.05(17), Wis. Adm. Code.

PRIMARY ENVIRONMENTAL CORRIDOR — Corridors which include the best remaining woodlands, wetlands, and wildlife habitat areas and are, in effect, a composite of the best residual elements of the natural resource base. These corridors have truly immeasurable environmental and recreational value. Their preservation in an essentially open, natural state, including park and open space site uses and country estate residential uses, will serve to maintain a high level of environmental quality, protect its natural beauty, and provide valuable recreation opportunities.

PRINCIPAL USE — See "use, principal."

PRIVATE SEWAGE SYSTEM — (As ii pertains to floodplain, Section 275-65) A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It 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.

PROTECTIVE AREA — (As it pertains to post-construction stormwater management, Section 275-55.1) An area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the widths provided in Subsection G(4)(d), as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.

PUBLIC HEARING — A formal meeting held pursuant to this chapter, intended to inform and obtain public comment prior to taking action in accordance with this chapter.

PUBLIC MEETING — A meeting of members of a governmental body, for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body, which is held in a place reasonably accessible to members of the public and open to all citizens at all times.

PUBLIC SIGN — Any sign that was requested and approved by the Common Council, Plan Commission and/or Department of Community Development that is on City-owned property and provides a service and/or good to the City and public.

PUBLIC UTILITIES — (As it pertains to floodplain, Section 275-65) Those utilities using underground or overhead transmission lines such as electric, telephone, and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

PUBLIC UTILITY — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) Has the meaning given in § 196.01(5), Wis. Stats.

PYROLYSIS — The pyrolysis (or devolatilization) process occurs at around 200° C. to 300° C. Volatiles are released and char is produced, resulting in up to 70% weight loss for coal. The process is dependent on the properties of the carbonaceous material and determines the structure and composition of the char, which will then undergo gasification reactions.

RAISING OF CROPS — The use of land for planting, growing, cultivating, and harvesting of crops for human or livestock consumption.

REACH — A longitudinal segment of a stream generally including those floodlands wherein flood stages are primarily and commonly controlled by the same man-made or natural obstructions to flow.

REASONABLY SAFE FROM FLOODING — (As it pertains to floodplain, Section 275-65) Means base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

REGIONAL FLOOD — (As it pertains to floodplain, Section 275-65) A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a 1% chance of being equaled or exceeded in any given year; and if depicted on the FIRM, the RFE is equivalent to the BFE.

RECREATIONAL VEHICLE — A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven, which may be designed as temporary living accommodations, and is used for recreational, camping, and travel use. Recreational vehicles may include but are not limited to truck trailers, truck campers, pop-up tents, boats, jet skis, personal watercraft, snowmobiles, camping trailers, and self-propelled campers.

RECREATIONAL VEHICLE, MAJOR — A vehicle that is over 20 feet in length and seven feet in height.

REDEVELOPMENT — Any proposed expansion, addition, reduction, or other alteration to an existing building, structure, or other constructed feature on a lot or site. Redevelopment also includes changes in use to existing buildings, as well as modifications to site features such as parking, signage, landscaping, grading, stormwater management devices, or changes to outdoor storage.

REDEVELOPMENT — (As it pertains to post-construction stormwater management, Section 275-55.1) Areas where development is replacing older development.

REFUSE CONTAINER — A receptacle larger than 96 gallons in which debris and/or garbage is placed for pickup.

REGIONAL FLOOD — A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a 1% chance of being equaled or exceeded in any given year; and if depicted on the FIRM, the RFE is equivalent to the BFE.

REGISTERED PROFESSIONAL ENGINEER — A person who is registered as a professional engineer pursuant to § 443.04, Wis. Stats.

REGULATORY AUTHORITY — (As it pertains to nonmetallic mining, Section 275-63):

A.

The county in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under § 295.13, Wis. Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to paragraph (B).

B.

The municipality in which the nonmetallic mining site is located and which has adopted an applicable reclamation ordinance under § 295.14, Wis. Stats.

C.

The department, in cases where a county mining reclamation program is no longer in effect under § 295.14, Wis. Stats., but only if there is no applicable reclamation ordinance enacted by the municipality in which the nonmetallic mining site is located.

RELEVANT PLANS — Any plan that places additional regulations, guidelines, policies, etc., on a specific property or area within the City of New Berlin.

REPLACEMENT OF TOPSOIL — The replacement or redistribution of topsoil or topsoil substitute material to all areas where topsoil was actually removed or affected by nonmetallic mining for the purposes of providing adequate vegetative cover and stabilization of soil conditions needed to achieve the approved post-mining land use and as required by the reclamation plan approved pursuant to this chapter.

RESEARCH AND DEVELOPMENT — Research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing or sale of products.

RESPONSIBLE PARTY — (As it pertains to construction site erosion control, Section 275-55.2) The landowner or any other entity performing services to meet the performance standards of this section through a contract or other agreement.

RESPONSIBLE PARTY — (As it pertains to post-construction stormwater management, Section 275-55.1) Any entity holding fee title to the property or other person contracted or obligated by other agreement to implement and maintain post-construction stormwater BMPs.

RETAIL COMMERCIAL USES — Establishments primarily engaged in the sale of goods and materials to the general public. Retail commercial uses may include, but are not limited to, bookstores, antique stores, convenience stores, bakeries, grocery stores, and other similar uses.

RIGHT-OF-WAY — The width between property lines of a dedicated street or alley.

RUMMAGE SALE — The occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales do not exceed four consecutive days in length and are not conducted more often than three times per year. Rummage sales do not involve the resale of merchandise acquired for that purpose. Rummage sales are also known as "garage sales." Flea markets are not rummage sales.

RUNOFF — The rainfall, snowmelt, or irrigation water flowing over the ground surface.

RUNOFF — (As it pertains to construction site erosion control, Section 275-55.2) Stormwater or precipitation, including rain, snow or ice melt or similar water, that moves on the land surface via sheet or channelized flow.

RURAL CONSERVATION SUBDIVISION — These lots are generally defined as not being served by municipal sewer and water and not within the current Sewer Service Area as defined in Section 235-26 C.

SCREENING — A method of visually shielding or obscuring one abutting or nearby use or structure from another by fencing, walls, earthen berms, change of grade, or densely planted vegetation or landscaping.

SCROLLING DISPLAY — The vertical movement of a static message or display on an electronic message board.

SEARCH RING — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

SECONDARY ENVIRONMENTAL CORRIDOR — Often remnants of primary environmental corridors, which have been developed for intensive agricultural and urban uses. Secondary environmental corridors facilitate surface water drainage, maintain pockets of natural resource features, and provide corridors for the movement of wildlife, as well as for the movement and dispersal of seeds for a variety of plant species. Such corridors should also be preserved in essentially open, natural uses as development proceeds.

SEDIMENT — (As it pertains to construction site erosion control, Section 275-55.2) Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

SEPARATE STORM SEWER — (As it pertains to construction site erosion control, Section 275-55.2) A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:

A.

Is designed or used for collecting water or conveying runoff.

B.

Is not part of a combined sewer system.

C.

Is not draining to a stormwater treatment device or system.

D.

Discharges directly or indirectly to waters of the state.

SEPARATE STORM SEWER — (As it pertains to post-construction stormwater management, Section 275-55.1) A conveyance or system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutter, ditches, constructed channels or storm drains, which meets all of the following criteria:

A.

Is designed or used for collecting water or conveying runoff.

B.

Is not part of a combined sewer system.

C.

Discharges directly or indirectly to waters of the state.

SERVICE COMMERCIAL USES — Establishments that primarily engage in rendering services to businesses, including but not limited to printers, equipment rental, protective services, mailing, photo finishing, and other similar services.

SETBACK — The minimum distance a building or structure shall be located from a lot line or base setback line. The setback line shall be drawn parallel to a lot line. See subsection 275-46 A.

SETBACK, FRONT — The minimum horizontal distance between the base setback line and a line parallel to the nearest roofed portion of the eave/fascia . See subsection 275-46 A.

SETBACK, ORDINARY HIGH-WATER MARK (OHWM) — The minimum horizontal distance between the ordinary high-water mark of a navigable body of water and a line parallel to the nearest roofed portion of the eave/fascia.

SETBACK, REAR — The minimum horizontal distance between the rear lot line and a line parallel to the nearest roofed portion of the eave/fascia. A rear setback is opposite a front setback. See subsection 275-46 A.

SETBACK, SIDE — The minimum horizontal distance between the side lot line and a line parallel to the nearest roofed portion of the eave/fascia. See subsection 275-46 A.

SETBACK, WETLAND — The minimum horizontal distance between the nearest delineated wetland and a line parallel to the nearest impervious surface.

SEWRPC — The Southeastern Wisconsin Regional Planning Commission.

SEXUAL CONDUCT — Acts or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breasts.

SHOPPING CENTERS — A group of commercial establishments which is planned, constructed, and managed as a total entity, with ample customer and employee parking provided on site, with provision for goods delivery separated from customer access, and with aesthetic considerations and protection from the elements. Shopping centers are further defined by size and service area and include "neighborhood shopping centers" which occupy about five to ten acres and generally sell goods to meet the daily needs of customers and "community shopping centers" which occupy ten to 30 acres and generally feature a junior department store or discount store and feature broader lines of shopper goods to encourage comparison shopping.

SHORELAND — Those lands lying within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond, or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those adjacent to farm drainage ditches where:

A.

Such lands are not adjacent to a navigable stream or river;

B.

Those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and

C.

Such lands are maintained in nonstructural agricultural use.

SHRUB — A woody plant consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.

SIDE ON CORNER — A name for the second front lot line on a corner lot.

SIGN — Any medium, including its structure, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks, by which anything is made known and which is 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.

SIGN COPY — The message or advertisement and any other symbols on the face of a sign.

SIGN FACE — The area or display surface used for the message.

SIGN, AWNING OR CANOPY — A sign that is mounted or painted on or attached to a canopy, awning, or marquee.

SIGN, GROUND — Any sign placed upon or supported by the ground independent of any other structure.

SIGN, POLE — A sign that is mounted on a freestanding pole or other support so that the bottom of the sign is ten feet or more above grade.

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

SIGN, PROJECTING — A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. See Figure XI-4.

SIGN, ROOF — A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

SIGN, SANDWICH-BOARD — A two-sided portable sign, constructed of wood, cardboard or similar rigid material, generally displayed outside a commercial establishment to identify a product or service.

SIGN, WALL — A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.

SIGN, WINDOW — A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window. See Figure XI-4.

SILVICULTURE — The practice of establishing, tending, and reproducing stands of trees; involves prescribing such cultural operations as weedings, thinnings, prunings, and measures to protect the trees from insects, disease, and other natural elements.

SILVICULTURE ACTIVITY — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control Section 275-55.2) Activities including tree nursery operation, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.

SITE — The entire area included in the legal description of the land on which a land-disturbing or land-development activity is proposed in a zoning or use approval permit application.

SITE CONTEXT MAP — A map showing the location of the proposed subdivision within its neighborhood context. This map is prepared at a more general scale and is based on existing published data. The features that shall be shown on the site context maps include the following topography (from New Berlin or Waukesha County maps): stream valleys, wetlands complexes, primary and secondary environmental corridors and natural resource areas, woodlands, ridgelines, public roads and rights-of-way, trails, utility easements, public land, land protected under conservation easements, and floodplains.

SLOPE, AVERAGE — The difference in elevation divided by horizontal distance and shall be measured over the entire parcel based on two-foot contour intervals, as shown in the following formula:

Average slope = 0.0046 × length of contour lines (in feet)/site or parcel area in acres

SLOPE, STEEP — Land that has an average slope of 20% or greater.

SMALL WIND ENERGY SYSTEM — (As it pertains to small wind energy systems, Section 275-42) A small wind energy system means equipment that converts and then stores or transfers energy from the wind into usable forms of energy (as defined by Wis. Stats., § 66.0403(1)(m). This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or cabling or other components used in the system, which system does not generate an excess of 100 kilowatts of electricity. "Total height" means the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point.

SOLID WASTE — (As it pertains to nonmetallic mining, Section 275-63) Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Ch. 283, Wis. Stats., or source material, special nuclear material or by-product material, as defined in § 254.31(1), Wis. Stats.

SPECIAL PLAN OVERLAY DISTRICT (SPO) — The SPO Special Plan Overlay District may be applied in areas where specific regulations, design guidelines, and other recommendations have been created through the development of a planning document specific to various areas throughout New Berlin.

SPORTS COMPLEX — A group of indoor and/or outdoor sports facilities; refer to Section 275-36 D(5) regarding commercial park/sports complexes.

STAFF — The staff of the Community Development Department of the City of New Berlin, Wisconsin.

START OF CONSTRUCTION — (As it pertains to floodplain, Section 275-65) The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STOP-WORK ORDER — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) An order issued by the City of New Berlin which requires that all construction activity on the site be stopped.

STORM DRAINAGE SYSTEM — (As it pertains to illicit charges and connections, Section 275-55.3) Publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or -altered drainage channels, reservoirs, and other drainage structures.

STORMWATER MANAGEMENT PLAN — (As it pertains to post-construction stormwater management, Section 275-55.1) A comprehensive plan designed to reduce the flow rate, runoff volume, and discharge of pollutants from stormwater after the site has undergone final stabilization following completion of the construction activity.

STORMWATER MANAGEMENT SYSTEM PLAN — (As it pertains to post-construction stormwater management, Section 275-55.1) A comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.

STORY — That portion of a building included between the surface of any floor and the surface of the next floor above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story.

STORY, HALF — A story which is situated in a sloping roof, the floor area of which does not exceed ⅔ of the floor area of the story immediately below it.

STREET — A public right-of-way not less than 60 feet wide providing primary access to abutting properties.

STREET, ARTERIAL — A public street or highway used or intended to be used primarily for fast or heavy through traffic, as defined in the adopted City Comprehensive Plan or component thereof. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways, and parkways.

STREET, COLLECTOR — A street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets.

STREET, MINOR — A street used, or intended to be used, primarily for access to abutting properties.

STRUCTURAL ALTERATIONS — Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, girders, roof members, or floor joists.

STRUCTURE — Any construction or assembly of materials, such as buildings, towers, canopies, masts, poles, booms, signs, decorations, carports, machinery, retaining walls, and equipment. By this definition, all buildings are structures; however, not all structures are buildings.

STRUCTURE — (As it pertains to floodplain, Section 275-65) Any man-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

STRUCTURE, ACCESSORY — A structure on the same lot as a principal building and customarily incidental or subordinate to the principal building or use. Accessory structures shall meet the requirements of Section 275-42.

STRUCTURE, NONCONFORMING — A building or structure lawfully existing at the time of enactment of this chapter or amendments thereto that does not comply with all of the applicable area, height, and placement regulations of this chapter. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure.

SUBDIVIDER — Any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision or CSM as herein defined, and includes any agent of the subdivider.

SUBDIVIDER or DEVELOPER — The legal or beneficial owner(s) of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase.

SUBDIVISION — A division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or building development where:

A.

The act of division creates five or more parcels or building sites of one and one-half acres each or less in area; or

B.

Five or more parcels or building sites of one and one-half acres each or less in area are created by successive divisions within a period of five years.

SUBDIVISION — (As it pertains to floodplain, Section 275-65) Has the meaning given in Wis. Stats., § 236.02(12).

SUBSTANTIAL DAMAGE — (As it pertains to floodplain, Section 275-65) Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the equalized assessed value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessed value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. The term does not, however, include either:

A.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

B.

Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places.

C.

Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.

SUBSTANTIAL IMPROVEMENT — (As it pertains to floodplain, Section 275-65) Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either:

A.

Any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the Building Official and that are the minimum necessary to assure safe living conditions; or

B.

Any alteration of historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SUBSTANTIAL MODIFICATION — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

A.

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

B.

For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.

C.

Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.

D.

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

SUBURBAN CONSERVATION SUBDIVISION — These lots are generally defined as being served by municipal sewer and water, lying within the current Sewer Service Area as defined in Section 235-26 C.

SUPPORT STRUCTURE — (As it pertains to mobile tower siting regulations, Section 275-41 C(16)) An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

SURETY — See "financial guaranty or surety."

TATTOO AND BODY-PIERCING ESTABLISHMENT — An establishment engaged in placing permanent designs in ink on human skin or in piercing the body for the placement of jewelry or body art.

TECHNICAL STANDARD — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control, Section 275-55.2) A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

TELECOMMUNICATIONS STRUCTURES — Devices used for the transmission and receiving of digital or analog communications.

THATCH — A tightly intermingled layer of partially decomposed stems and roots of grass, which usually develops between the actively growing grass and the soil surface. Grass clippings do not contribute to thatch.

TOP OF THE CHANNEL — (As it pertains to post-construction stormwater management, Section 275-55.1) An edge, or point on the landscape, landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet, landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.

TOPSOIL — The surface layer of soil which is generally more fertile than the underlying soil layers, which is the natural medium for plant growth and which can provide the plant growth, soil stability and other attributes necessary to meet the success standards approved in the reclamation plan.

TOPSOIL SUBSTITUTE MATERIAL — (As it pertains to nonmetallic mining, Section 275-63) Soil or other unconsolidated material either used alone or mixed with other beneficial materials and which can provide the plant growth, site stability and other attributes necessary to meet the success standards approved in the reclamation plan.

TOTAL MAXIMUM DAILY LOAD or TMDL — (As it pertains to post-construction stormwater management, Section 275-55.1) The amount of pollutants specified as a function of one or more water quality parameters that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.

TP-40 — (As it pertains to post-construction stormwater management, Section 275-55.1) Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.

TR-55 — (As it pertains to post-construction stormwater management, Section 275-55.1) The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986.

TRANSIENT RESIDENTIAL LODGING USES FOR REMUNERATION — The use by any person of residential property for hostels, hotels, inns, lodging, motels, resort or other similar uses.

TRANSPORTATION FACILITY — (As it pertains to post-construction stormwater management, Section 275-55.1 and construction site erosion control, Section 275-55.2) A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.

TRUCK TERMINALS — Structures used for the loading, unloading, or transfer of materials onto semitractors and trucks.

TRUNK FLARE — A tree's roots where the roots begin to spread at the base of the tree that should remain partially visible after planting.

TURNING LANES — An existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade-separated interchange ramps.

TYPE II DISTRIBUTION — (As it pertains to post-construction stormwater management, Section 275-55.1) A rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973." Rainfall depths shall be consistent with Technical Report 40, "Rainfall Frequency in the Southeastern Wisconsin Region," SEWRPC, April, 2000.

ULTIMATE STREET RIGHT-OF-WAY — See "base setback line."

UNNECESSARY HARDSHIP — (As it pertains to floodplain, Section 275-65) Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

UNNUMBERED A ZONE — Areas shown as "Zone A" on FEMA's Flood Insurance Rate Map, which would be inundated by the 100-year recurrence interval flood, where base flood elevations have not been determined. The unnumbered A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

UNRECLAIMED ACRE or UNRECLAIMED ACRES — (As it pertains to nonmetallic mining, Section 275-63)

A.

Those unreclaimed areas in which nonmetallic mining has occurred after August 1, 2001, and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under subsection 275-63 T(4). However, the term does not include any areas described in Subsection B below.

B.

"Unreclaimed acre" or "unreclaimed acres" does not include:

(1)

Those areas where reclamation has been completed and certified as reclaimed under subsection 275-63 T(4).

(2)

Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after August 1, 2001.

(3)

Those portions of nonmetallic mining sites which are included in a nonmetallic mining reclamation plan approved pursuant to this chapter but are not yet affected by nonmetallic mining.

(4)

Areas previously mined but used after August 1, 2001, for a non-mining activity, such as stockpiling of materials used for an industrial activity such as an asphalt plant, concrete batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining.

(5)

For purposes of fees under subsection 275-63 R, those areas within a nonmetallic mining site which the City has determined to have been successfully reclaimed on an interim basis in accordance with subsection 275-63 T(4).

USE — The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

USE, ACCESSORY — A use that is subordinate to the principal use that is located on the same lot.

USE, CONDITIONAL — A use that is of a special nature that makes it impractical to predetermine the use as a principal use in a district. Conditional uses must meet the requirements of Section 275-27 and any other additional regulations as specified in this chapter.

USE, NONCONFORMING — Any use of a building or premises which, as of the effective date of this chapter, does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such building or premises is located.

USE, PRINCIPAL — The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use is specifically authorized as a use-by-right in a particular zoning district and may be operated after securing the necessary building permit, zoning permit or use approval when in compliance with all other regulations of this chapter.

USE, PROHIBITED — A use that is not permitted anywhere within the basic or overlay district.

USE, TEMPORARY — A use that may be permitted for a specified amount of time. Temporary uses shall require a temporary zoning permit and may be subject to additional building and zoning requirements.

UTILITIES — The public and private facilities, that are not of a regional nature, such as water wells, sanitary sewers, water mains, water and sewage pumping stations, water storage tanks, water purification facilities, power and communication transmission lines, electrical power stations and substations, static transformer stations, telephone and telegraph exchanges and gas regulation stations, wastewater treatment plants, municipal incinerators and storage yards. Telecommunication facilities are not to be considered utilities. See also Section 275-40.

UTILITY POLE — (As it pertains to mobile tower siting regulations Section 275-41 C(16)) A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Chapter 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; [for] video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.

VARIANCE — (As it pertains to floodplain, Section 275-65) An authorization by the Board of Appeals for construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain Zoning Ordinance.

VIOLATION — (As it pertains to floodplain, Section 275-65) The failure of a structure or other development to be fully compliant with the floodplain Zoning Ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.

VISION TRIANGLE — A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

VOLUNTARY SKETCH PLAN — A sketch plan is a simple and inexpensive drawing illustrating conceptual layouts of house lots, streets, and conservation areas. It should ideally be based upon the existing resources and site analysis map and comments received from local officials during the presketch conference and onsite visit.

WAREHOUSES — Structures used for the storage or distribution of goods where there is no sale of items to retailers or the general public.

WATER SURFACE PROFILE — (As it pertains to floodplain, Section 275-65) A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of a river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

WATERS OF THE STATE — (As it pertains to post-construction stormwater management, Section 275-55.1, and construction site erosion control Section 275-55.2) Has the meaning given in § 281.01(18), Wis. Stats. Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction.

WATERSHED — (As it pertains to floodplain, Section 275-65) The entire region or area contributing runoff or surface water to a particular watercourse or body of water.

WEED TREE — A tree of little or no value, usually because of its species.

WELL — (As it pertains to floodplain, Section 275-65) Means an excavated opening in the ground made by digging, boring, drilling, driving or other methods to obtain groundwater, regardless of its intended use.

WETLAND — An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

WHOLESALE COMMERCIAL USES — The sale of merchandise to retail and service commercial uses, office uses, or institutional uses, or to other wholesalers. "Wholesale commercial uses" may also mean acting as an agent or broker in the buying or selling of merchandise but not selling to the general public.

WHOLESALE SALES — A sale by wholesalers to retailers, jobbers, dealers, or other wholesalers for resale. Does not include a sale by wholesalers to users or consumers not for resale.

WISCONSIN ADMINISTRATIVE CODE (WIS. ADM. CODE) — The rules of a state agency which have the effect of law and which are issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency, or govern the organization or procedure of the agency. "Wisconsin Administrative Code" shall mean such rules as they may be amended from time to time.

WISCONSIN STATUTES (WIS. STATS.) — The laws of the State of Wisconsin, published biennially, as they may be amended from time to time.

WORKER HOUSING — Dwelling units that are provided for persons who are employed by the agricultural use or business located on the same site as the housing.

YARD — An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. Front yards and rear yards extend the full width of the lot.

YARD, FRONT — An area extending between the side lots lines from the street(s) to the front building face of the principal structure. See Section 275-46 B.

YARD, REAR — An area extending between the side lot lines from the rear lot line(s) to the rear building face of the principal structure. See Section 275-46 B.

YARD, SIDE — An area extending between the side lot line to the side building face of the principal structure from the front yard to the rear yard of the lot. Lots generally have two side yards; however, corner lots and lots within zero-lot-line developments may only have one side yard. See Section 275-46 B.

YIELD PLAN APPROACH — The determination of density, or maximum number of permitted dwelling units, shall be based on an actual yield plan. See Section 275-33 G(2).

ZERO-LOT-LINE DEVELOPMENT — A development where the structure is located on the side lot line with no setback. This may include town homes or two-family dwellings that are designed to have a party wall along a side lot line or single-family homes with one side of the structure located against alternating side lot lines.

ZONING MAP — The map adopted as an ordinance by the municipality that delineates the extent of each district or zone established in this chapter.

ZONING PERMIT — A permit required by Article I.

(Amended 4-25-2023 by Ord. No. 2668; Ord. No. 2702, § XVII, 3-11-2025)