The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means having a common property line or district line.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, parcel of land or water and located on the same lot or parcel serving a purpose incidental to the principal use or the principal structure.

Acre, net, means the actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.

Alley means a public way not more than 21 feet wide which affords only a secondary means of access to abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single-family, individual or group of individuals, with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Arterial street means a public street or highway used or intended to be used primarily for large volume or heavy through traffic. Arterial streets shall include freeways and expressways as well as arterial streets, highways and parkways.

Basement means that portion of any structure located partly below the average adjoining lot grade which is not designed or used primarily for year-around living accommodations.

Bed and breakfast establishment building means a building that provides four or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.

Block means a tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.

Boardinghouse means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for three or more persons not members of a family, but not exceeding ten persons and not open to transient customers.

Buildable lot area means the portion of a lot remaining after required yards have been provided.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.

Building, detached, means a building surrounded by open space on the same lot.

Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.

Building, principal or main, means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Building setback line means a line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this Code.

Business means an occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Canopy means a rigid structure attached to and extending outward from a building, designed to protect the building and/or people under the canopy from the sun, rain or snow.

Carport means an automobile shelter having one or more sides open.

Cellar means that portion of a building having more than half of the floor-to-ceiling height below the average grade of the adjoining ground. This portion is not a completed structure and serves as a substructure or foundation for a building.

Channel means those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.

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

Club or lodge means a building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Community living arrangement means 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(7) and community-based residential facilities under Wis. Stats. § 50.01, but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the State Statutes, including Wis. Stats. §§ 46.03(22), 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.

Conditional use means the occupations, vocations, skills, arts, businesses, professions or uses specifically designated in each zoning district, which for their respective conduct, exercise or performance in such designated districts may require reasonable, but special, peculiar, unusual or extra-ordinary limitations, facilities, plans, structures, thoroughfares, condition modification, or regulations in such district for the promotion or preservation of the general public welfare, health, convenience or safety therein and in the City and, therefore, may be permitted in such district only by a conditional use permit.

Conservation standards means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Marinette County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation.

Controlled access arterial street means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air or view in connection with an arterial street is fully or partially controlled by public authority.

Corner lot means lots on which the setback shall be measured from the street line on which the lot fronts. The setback from the side street shall be equal to 75 percent of the setback required on residences fronting on the side street; but the side yard setback shall in no case restrict the buildable width to less than 30 feet. Said corner lots shall consist of a parcel of property abutting on two or more streets at their intersection providing that the interior angle of such intersection is less than 135 degrees.

Development means any manmade 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.

District, basic, means a part of the City for which the regulations of this chapter governing the use and location of land and building are uniform.

District, overlay, also referred to herein as regulatory areas, provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Dwelling means a building designed or used exclusively as a residence or sleeping place, but does not include boardinghouses or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, efficiency, means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, multiple-family, a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family, a detached building designed for or occupied by one family.

Dwelling, two-family, means a detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.

Dwelling unit means a group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family.

Essential services means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Family means the body of persons who live together in one dwelling unit as a single housekeeping entity.

Farming, general, means and includes floriculture, forest and game management, orchards, raising of grain, grass, mint and seed crops, raising of fruits, nuts and berries, sod farming and vegetable farming. General farming includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

Farmstead means a single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.

Floor area, business and manufacturing buildings, means, for the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

Foster family home means the primary domicile of a foster parent with four or fewer foster children and which is licensed under Wis. Stats. § 48.62 and amendments thereto.

Frontage means all the property butting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.

Garage, private, means a detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for storage of automobiles of the occupant of the premises.

Garage, public, means 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.

Grade means when used as a reference point in measuring the height of a building, the "grade" shall be the average elevation of the finished ground at the exterior walls of the main building.

Group foster home means any facility operated by a person required to be licensed by the State under Wis. Stats. § 48.62 for the care and maintenance of five to eight foster children.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the applicable limitations of this chapter.

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

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. The term "junk" includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged or new scrapped base metal or metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lodginghouse means a building where lodging only is provided for compensation for not more than three persons not members of the family.

Lot means a parcel of land having frontage on a public street, or other officially approved means of 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 and other open space provisions of this Code as pertaining to the district wherein located.

Lot, corner, means a lot situated at the intersection of two streets.

Lot, interior, means a lot with frontage on only one street.

Lot, through, means a lot other than a corner lot with frontage on two streets.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfares.

Lot depth means the shortest horizontal distance between the front lot line and the rear lot line measured at a 90-degree angle from the road right-of-way.

Lot line means legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot or plot of land or parcel of land as defined herein.

Lot line, front, means a line separating the lot from the street or approved private road.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in the length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front line or a rear lot line.

Lot of record means a lot which has been recorded in the Office of the Register of Deeds prior to the effective date of the ordinance from which this chapter is derived.

Lot width means the horizontal distance between the side lot lines at the building setback line.

Minor structures means any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.

Modular unit means a prefabricated, detached single- or double-family dwelling unit designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, which is or was designed to be transported and mounted on a permanent foundation.

Nonconforming lot means a lot of record existing on the date of passage of the ordinance from which this chapter is derived which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming uses means any 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 Code or amendments thereto and which is not in conformance with this Code. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements shall not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.

Nursing home means an establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.

Parking lot means a structure or premises containing five or more parking spaces open to the public.

Parties in interest means includes all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.

Planned Unit Development means a large lot or tract of land containing two or more principal buildings of uses developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Professional home offices means residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, tradesmen, authors, musicians or other recognized professions used to conduct their professions where the office does not exceed one-half the area of only one floor of the residence and only one nonresident person is employed.

Public airport means any airport which complies with the definition contained in Wis. Stats. § 114.013(3), or any airport which serves or offers to serve common carriers engaged in air transport.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.

Restaurant means a business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.

Restaurant, drive-in, means a business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.

Retail means the sale of goods or merchandise in small quantities to the consumer.

Setback means the 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 overhang cornices shall not exceed 24 inches. any overhang of the cornice in excess of 24 inches shall be compensated by increasing the setback by an amount equal to the excess of cornice over 24 inches. Uncovered steps shall not be included in measuring the setback.

Side yard means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

Signs means 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 are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Story, half, means that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4½ feet above the finished floor of such story. In the case of one- and two-family dwellings and multifamily dwellings less than three stories in height, one-half story in a sloping roof shall not be counted as a story for the purposes of this Code.

Street means property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.

Street yard means a yard extending across the full width of the lot, the depot of which shall be the minimum horizontal distance between the existing street or highway right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two street yards.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure means anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Temporary structure means a movable structure not designed for human occupancy, nor for the protection of goods or chattels and not forming an enclosure, such as billboards.

Tradesmen means a person who hold themselves out with a particular skill including, but not limited to, carpenters, masons, plumbers, electricians, roofers and others involved in the building trade.

Use means the purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.

Use, accessory, means a subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.

Use, principal, means the main use of land or building as distinguished from subordinate or accessory use.

Utilities means public 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, inclusive of associated transmission facilities, but not including sewage disposal plants, municipal incinerators, warehouses, shops, storage yards and power plants.

Variance means a relaxation of the terms of this chapter by the Board of Appeals where the literal enforcement of this chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

Vision setback area means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from this intersection as specified in this chapter.

Yard means an open space on the same lot with a building, unobstructed by structures except as otherwise provided herein.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of the principal building excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard, rear, means a yard extending the full width of the lot between the rear lot line to the nearest part of the principal building.

Yard, side, means a yard on each side of the principal building extending from the building to the lot line and from the front yard line to the rear yard line.

Zero lot line means the concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.

Zoning Administrator means the City Zoning Administrator and/or the City Building Inspector, if the City has chosen one official to serve in both of those capacities for the City.

Zoning permit means a permit issued by the Zoning Administrator to certify that the use of lands, structures, air and waters subject to this chapter are or shall be used in accordance with the provisions of said chapter.

(Code 1991, § 13-1-220)