For the purposes of this chapter, the following definitions shall be used, unless a different definition is specifically provided for a section. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not permissive.
ACCESSORY USE OR STRUCTUREA use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
ADVERTISING SIGN, OUTDOORA structural poster panel or painted sign, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ADVERTISING STRUCTURE, OUTDOORAnything constructed or erected, either freestanding or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.
ALLEYA special public right-of-way affording only secondary access to abutting properties.
APARTMENTA portion of a residential or commercial building used as a separate housing unit.
AQUIFERA saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
[Added 7-16-2018 by Ord. No. 0521-18-01]
ARTERIAL STREETA public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways and parkways.
AUTHORITYA person, committee, or board to whom or to which the power to issue a permit or make a determination, decision, or judgment has been delegated.
BASEMENT or CELLARA story partly underground but having at least 1/2 of its height, or five or more feet, below the mean level of the adjoining ground. See Chs. SPS 320, 321 and 322, Wis. Adm. Code.
BOARDINGHOUSEA building other than a hotel or restaurant where meals or lodging is regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
BUILDINGAny structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
BUILDING, ALTERATION OFAny change or rearrangement of the supporting members, such as bearing walls, beams, columns or girders, of a building, an addition to a building, or movement of a building from one location to another.
BUILDING AREAThe total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
BUILDING, FRONT LINE OFA line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.
BUILDING, HEIGHT OFThe vertical distance from the highest point of a finished grade along the front of the building to the highest point of a flat roof, or to the deckline of a mansard roof, or to the mean height between eaves and ridge for gable, hip or gambrel roofs.
BUILDING, PRINCIPALA building in which the principal use of the lot on which it is located is conducted.
BUSINESSAn 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.
CLINICA building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
CLOTHING REPAIR SHOPSShops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, and clothes pressing shops, but not employing over five persons.
CLOTHING STORESRetail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery and millinery shops.
CLUBA building owned, leased or hired by a nonprofit association of persons who are bona fide members, the use of which is restricted to said members and their guests.
COMMUNITY LIVING ARRANGEMENTThe following facilities licensed or operated or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats., group homes under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but does not include nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformity with applicable sections of the Wisconsin Statutes, including §§ 46.03(22), 59.69(15) and 62.23(7)(i) and (7a), and amendments thereto, and also the Wisconsin Administrative Code.
[Amended 10-21-2013 by Ord. No. 2013-1]
CONDITIONAL USESUses of a special nature as to make impractical their predetermination as a principal use in a district, allowed only under conditions specified under this chapter.
CONFORMING USEAny lawful use of a building or lot which complies with the provisions of this chapter.
COURTAn open, unoccupied space, other than a yard, on the same lot with a building and which is bounded on two sides by the building.
CURB BREAKAny interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.
CURB LEVELThe level of the established curb in the front of the building measured at the center of such front.
DAY-CARE CENTERA place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in § 48.65, Wis. Stats.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.
DISTRICTA part or parts of the City for which the regulations of this chapter governing the use and location of land and buildings are uniform.
DOUBLE-WIDE MOBILE HOMEA mobile home consisting of two mobile home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.
DRIVE-IN RESTAURANTAn establishment used for the sale, dispensing or serving of food, refreshments, or beverages in or on disposable plates and cups, including those establishments where customers may serve themselves and may eat and drink the food, refreshments, and beverages on or off the premises.
DWELLINGA building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodging houses, motels, hotels, tents, cabins, or mobile homes.
DWELLING, EFFICIENCYA dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING, MULTIPLEA building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments, attached townhouses and condominiums, with the number of families in residence not to exceed the number of dwelling units provided.
DWELLING, ONE-FAMILYA detached building designed, arranged or used for and occupied exclusively by one family, whether attached, detached or semiattached, including specially designed buildings covered by earth and manufactured homes.
DWELLING, TWO-FAMILYA detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
DWELLING UNITA building or portion thereof used exclusively for human habitation, including single-family, two-family and multifamily dwellings, but not including hotels, motels or lodging houses.
EMERGENCY SHELTERSPublic or private enclosures designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots or invasions.
ESSENTIAL SERVICESServices provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewer, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
EXISTING FACILITIESCurrent facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. Existing facilities include but are not limited to the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein as if fully set forth.
[Added 7-16-2018 by Ord. No. 0521-18-01]
FAMILYAny number of persons living together as a single family or housekeeping unit and using certain housekeeping facilities and rooms in common.
[Amended 10-21-2013 by Ord. No. 2013-1]
FARMLand consisting of five acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
FOSTER FAMILY HOMEThe primary domicile of a foster parent which is for four or fewer foster children and which is licensed under § 48.62, Wis. Stats., and amendments thereto.
FRONTAGEThe smallest dimension of a lot abutting a public street measured along the street line.
GARAGEA building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles.
GARAGE, PUBLICA building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as "gasoline stations" or "service stations."
GASOLINE STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel and oil and other lubricating substances and the sale of motor vehicle accessories and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such vehicles.
GIFT STORESRetail stores where items such as art, antiques, jewelry, books, and notions are sold.
GROUNDWATER PROTECTION OVERLAY DISTRICTThat area of land which contributes water to a municipal well based on accepted hydrogeological research, outlined and described as a "Wellhead Protection Area" by the City's wellhead protection plan.
[Added 7-16-2018 by Ord. No. 0521-18-01]
GROUP FOSTER HOMEAny facility operated by a person required to be licensed by the State of Wisconsin under § 48.62, Wis. Stats., for the care and maintenance of five to eight foster children.
HARDWARE STORESRetail stores where items such as plumbing, heating, and electrical supplies, sporting goods and paints are sold.
HAZARDOUS CHEMICALSChemicals and chemical mixtures that is required to have an MSDS and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c). Substances packaged for consumption for humans or animals are not considered hazardous chemicals. Hazardous chemicals include:
[Added 7-16-2018 by Ord. No. 0521-18-01]
A. Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard Definitions (Mandatory)."
B. Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
C. Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises 1% or greater of the composition on a weight-per-unit weight basis.
D. Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 1/10 of 1% or greater of the composition on a weight-per-unit weight basis.
E. Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than 1/10 of 1% of the mixture on a weight-per-unit weight basis if carcinogenic, or more than 1% of the mixture on a weight-per-unit weight basis if not carcinogenic.
F. Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).
HOME OCCUPATIONAny business or profession carried on only by a member of the immediate family residing on the premises, carried on wholly within the principal building thereto and meeting the standards in §
520-48.
HOTELA building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
HOUSE TRAILERA non-self-propelled vehicle containing living or sleeping accommodations which is designed and used for highway travel.
JUNKYARDAn open space where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. "Junkyard" also includes an auto wrecking yard but does not include uses established entirely within enclosed buildings.
LOADING AREAA completely off-street space or berth on the same lot for the loading or unloading of freight carriers having adequate ingress and egress to a public street or alley
LOTA parcel of land having frontage on a public street or other officially approved access, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.
LOT, CORNERA 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 DEPTHThe least distance from the rear lot line to the front lot line.
LOT, INTERIORA lot situated on a single street which is bounded by adjacent lots along each of its other lines.
LOT LINE, FRONTAny property line separating a lot from any public or private street, but not including alleys. In the case of corner lots, the primary front lot line is that property line most parallel to the street from which access is gained; the secondary front lot line is the other lot line with street frontage. In the case of a double frontage lot, there is one front lot line that is the property line most parallel to the street from which access is gained.
LOT LINE, REARThe lot line which is opposite and most distant from the front line. In the case of a four-sided lot, the owner shall select any lot line, other than one of the front lot lines, to be the rear lot line. In the case of a double frontage lot, the rear lot line shall be most opposite the front lot line along the street frontage for which access is not gained. The rear lot line of any irregularly shaped lot or triangular lot shall be a line within the lot which is 10 feet long and most parallel to and distant from the front lot line. For a triangular lot which is also a corner lot, there shall be no rear lot line.
[Amended 10-21-2013 by Ord. No. 2013-1]
LOT LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT LINE, SIDEThe lot line that is not a front lot line or a rear lot line.
LOT OF RECORDA 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 Juneau County Register of Deeds and which exists as described therein.
LOT, REVERSED CORNERA corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, SUBSTANDARDA parcel of land held in separate ownership having frontage on a public street or other officially approved access, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking area, or other open space provisions of this chapter.
LOT, THROUGHA lot having a pair of opposite lot lines along two or more parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTHThe minimum horizontal distance between the side lot lines measured along a straight line most parallel to the front lot line. This minimum measurement or greater is maintained from the front building setback to the rear building setback.
LOT, ZONINGA single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control.
MACHINE SHOPSShops where lathes, presses, grinders, shapers, and other wood and metal working machines are used, such as blacksmith, tinsmith, welding, and sheet metal shops and plumbing, heating and electrical repair and overhaul shops.
MANUFACTURED HOMEA structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5425 which, when placed on the site:
A. Is set on an enclosed continuous foundation in accordance with § 70.043(1), Wis. Stats., and Ch. SPS 321, Subchapters III, IV, and V, Wis. Adm. Code, or is set on a comparable enclosed continuous foundation system approved by the Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
B. Is installed in accordance with the manufacturer's instructions;
C. Is properly connected to utilities; and
D. Meets other applicable standards of this chapter.
MARQUEE or CANOPYA roof-like structure of permanent nature which projects from the wall of a building.
MINOR STRUCTUREAny small, movable accessory erection or construction, such as birdhouses, toolhouses, pet houses, play equipment, arbors, and walls and fences under four feet in height.
MOBILE HOMEA transportable structure, being eight feet or more in width (not including the overhang of the roof) or 32 feet or more in length (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; excluded from this definition are manufactured homes.
MOBILE HOME LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARKA parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.
MOTELA building containing lodging rooms having adjoining individual bathrooms and where each lodging has a doorway opening directly to the outdoors and more than 50% of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.
MOTOR FREIGHT TERMINALA building or area in which freight brought by motor truck is assembled and/or stored for routing in intrastate and interstate shipment by motor truck.
MOTOR VEHICLEAny passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
NONCONFORMING USE OR STRUCTUREAny structure, use of land, use of land and structure in combination, or characteristic of use (such as yard requirement or lot size) which was existing at the time of the effective date of this chapter or amendments thereto. 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 and not a nonconforming use.
NURSERYAny building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.
NURSERY SCHOOLAny building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas, other than the child's own home or the homes of relatives or guardians.
NURSING HOMEAny building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.
OTHER OFFICIALLY APPROVED ACCESSA private road or easement extending from a private property to a component of the public street system which the City Plan Commission has approved as a primary means of access.
PARKING AREA, SEMIPUBLICAn open area other than a street, alley or place used for temporary parking of more than four self-propelled vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING LOTA structure or premises containing 10 or more parking spaces open to the public.
PARKING SPACEAn off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
PARTY WALLA 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 but is in joint use for each building.
PLACEAn open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLANNED RESIDENTIAL DEVELOPMENTA tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PROFESSIONAL HOME OFFICESResidences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed the standards in §
520-48 and only one nonresident person is employed.
PUBLIC WAYAny sidewalk, street, alley, highway or other public thoroughfare.
RAILROAD RIGHT-OF-WAYA strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
RECHARGE AREAThe land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well. This area may extend beyond the corporate limits of the City of New Lisbon.
[Added 7-16-2018 by Ord. No. 0521-18-01]
SCHOOL, COMMERCIALA school limited to special instruction, such as business, art, music, trades, handicraft, dancing or riding.
SCHOOL, PRIVATEAn elementary or intermediate school, other than a parochial school, giving regular instruction capable of meeting the requirements of state compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds, but not including a school for disabled persons or a college or other institution of higher learning.
[Amended 10-21-2013 by Ord. No. 2013-1]
SCHOOL, PUBLICAs defined in Ch. 115, Wis. Stats.
[Added 10-21-2013 by Ord. No. 2013-1]
SEATFurniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.
SETBACKThe minimum horizontal distance between the front lot line and the nearest point of the foundation of that portion of the building to be enclosed. The overhanging eaves/cornices shall not exceed 24 inches. Any overhang of the eave/cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of the eave/cornice over 24 inches. Uncovered steps shall not be included in measuring the setback as provided in §
520-10G.
SHOPPING CENTERA building or group of buildings containing a combination of three or more separate shops, stores or offices on a single lot providing primarily retail services with supporting service and office establishments.
[Added 10-21-2013 by Ord. No. 2013-1]
STORYThat portion of a principal 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, HALFA story which is situated in a sloping roof, the floor area of which does not exceed 2/3 of the floor area of the story immediately below it, and which does not contain an independent dwelling unit.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATIONAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTUREAny erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
USEThe use of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards of this chapter.
USE, PERMITTEDA use which may be lawfully established in a particular district or districts provided that it conforms to all requirements, regulations and performance standards, if any, of such districts.
USE, PRINCIPALThe main use of land or building as distinguished from a subordinate or accessory use.
UTILITIESPublic and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.
VENDING MACHINEA retail business device, electrically or manually operated, used by the general public to obtain dairy products, cigarettes, foodstuffs or other merchandise without entering a public shop, store, market or other such building.
WELL FIELDA piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.
[Added 7-16-2018 by Ord. No. 0521-18-01]
YARDA required open space on a lot which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this chapter. A yard shall extend along a lot line and at a right angle to such lot line between side lot lines to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONTA yard extending along the full width of the front lot line between the side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such a lot is located.
YARD, REARA yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.
YARD, SIDEA yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.
YARD, TRANSITIONALThat yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residential district or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residential or business district.
ZERO LOT LINE DUPLEXThis dwelling unit type consists of a single-family residence which is attached on one side to another single-family residence. A zero lot line duplex is distinguished from a duplex merely by having each unit located on an individual lot. These dwelling unit types shall not be split into additional residences.
ZONING DISTRICTAn area or areas within the corporate limits for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.