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Park Falls City Zoning Code

ARTICLE XV

Definitions

§ 480-92 Definitions; word usage.

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.
ABUTTING
Have a common property line or district line.
ACRE, NET
The actual land devoted to the land use, excluding public streets, public lands or unusable lands, and school sites contained within 43,560 square feet.
ADVERTISING SIGN
An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such "advertising sign" is located or to which it is affixed, but does not include those business signs, billboards, or poster panels which direct attention to the business on the premises, to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
ALLEY
A public way which affords only a secondary means of access to abutting property.
APARTMENT
A dwelling unit that is part of a structure and primarily used as a home, residence or place of abode.
APARTMENT HOTEL
A structure that contains one or more apartments primarily used by the occupant(s) as a home, residence or place of abode and five or more rooms where sleeping accommodations are offered for pay to transients.
ARTERIAL STREET
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.
AUTOMOBILE WRECKING YARD
Any premises on which two or more self-propelled vehicles not in running order or operating condition are stored in the open.
BASEMENT
A portion of a building with the floor located below the mean grade level. For the purpose of this chapter, any such basement with more than four feet above grade level shall be counted as a story. No dwelling unit shall be situated in a basement having less than four feet above grade level.
BILLBOARD
An advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment of the property upon which it is located.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks or other recognized lines of demarcation.
BOARDINGHOUSE
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 12 persons and not open to transient customers.
BUILDABLE LOT AREA
The portion of a lot remaining after required yards have been provided.
BUILDING
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building.
BUILDING, PRINCIPAL
A building in which the principal use of the lot on which it is located is conducted.
BUILDING SETBACK LINE
A line parallel to the lot line at a distance parallel to it, regulated by the yard requirements set up in this chapter.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, HEIGHTS OF
The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.
BUSINESS
An occupation, employment or enterprise which occupies time, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CHANNEL
Those floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within generally well-established banks.
COMMUNITY LIVING ARRANGEMENT
The following facilities licensed or operated or permitted under the authority of the Wisconsin State Statutes: Child welfare agencies under § 48.60, Wis. Stats., group homes for children under § 48.02(7), Wis. Stats., and community-based residential facilities under § 50.01, Wis. Stats., but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with applicable sections of the Wisconsin State Statutes, including §§ 46.03(22), 62.23(7)(i) and 62.23(7a), and amendments thereto, and also the Wisconsin Administrative Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
CONDITIONAL USES
Uses of a special nature as to make impractical their predetermination as a principal use in a district.
CONSERVATION STANDARDS
Guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide, prepared by the USDA Soil Conservation Service for Price 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
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
On corner lots, 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% 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 be consisting 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°.
DEVELOPMENT
Any 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.
DISTRICT, BASIC
A part or parts of the City for which the regulations of this chapter governing the use and location of land and building are uniform.
DISTRICT, OVERLAY
Overlay districts, also referred to herein as "regulatory areas," provide for the possibility of superimposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DWELLING
A building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.
DWELLING, EFFICIENCY
A dwelling unit consisting of one principal room with no separate sleeping rooms.
DWELLING UNIT
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.
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
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
ESSENTIAL SERVICES
Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.
FAMILY
The body of persons who live together in one dwelling unit as a single housekeeping entity.
FARMING, GENERAL
General farming shall include 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
A single-family residential structure located on a parcel of land, which primary land use is associated with agriculture.
FLOOR AREA FOR BUSINESS AND MANUFACTURING BUILDINGS
For the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the floors of the building, or portion thereof, devoted to a use requiring off-street parking or loading. This area shall include elevators and stairways, accessory storage areas located within selling or working space occupied by counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.
FOSTER FAMILY HOME
The primary domicile of a foster parent which is four or fewer foster children and which is licensed under § 48.62 of the Wisconsin Statutes and amendments thereto.
FRONTAGE
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
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
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.[1]
HOTEL
A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.
INSTITUTION
A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNK
Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.
JUNKYARD
Any area, lot, land, parcel, building or structure or part thereof used for the storage, collecting, processing, purchase, sale or abandonment of wastewater, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.
LOADING AREA
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LODGING HOUSE
A building where lodging only is provided for compensation for not more than three persons not members of the family.
LOT
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 chapter as pertaining to the district wherein located. No land included in any street, highway, or railroad right-of-way shall be included in computing lot area.
LOT COVERAGE (EXCEPT RESIDENTIAL)
The area of a lot occupied by the principal building or buildings and accessory buildings including any driveways, parking areas, loading areas, storage areas and walkways.
LOT COVERAGE (RESIDENTIAL)
The area of a lot occupied by the principal building or buildings and accessory building.
LOT LINE
A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the abutting street or alley right-of-way line.
LOT LINES AND AREA
The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT WIDTH
The horizontal distance between the side lot lines measured at the building setback line.[2]
LOT, INTERIOR
A lot situated on a single street which is bounded by adjacent lots along each of its other lines and is not a corner lot.
LOT, SUBSTANDARD
A parcel of land held in separate ownership having frontage on a public street, or other approved means of access, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this chapter as pertaining to the district wherein located.
LOT, THROUGH
A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
MINOR STRUCTURES
Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under four feet in height.
MOBILE HOME
A manufactured home that is HUD certified and labeled under the National Mobile Home Construction and Safety Standards Act of 1974. A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities.
MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users. A mobile home park is also any lot on which two or more mobile homes are parked for the purpose of permanent habitation and including any associated service, storage, recreation, and other community service facilities designed for the exclusive use of park occupants.
MOBILE HOME SUBDIVISION
A land subdivision, as defined by Chapter 236 of the Wisconsin Statutes and any city land division ordinance, with lots intended for the placement of individual mobile home units. Individual homesites are in separate ownership as opposed to the rental arrangements in mobile home parks.
MODULAR UNIT
A modular unit is a factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes.
NONCONFORMING USES
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 chapter or amendments thereto and which is not in conformance with 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 not be considered a nonconforming use, but shall be considered nonconforming with respect to those characteristics.
NURSING HOME
An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted, in which not less than three persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or the care of the sick or injured.
OPEN SALES AREA
Any open land or area used or occupied for the purpose of displaying for sale new or secondhand merchandise, including, but not limited to, passenger cars or trucks, farm machinery, construction machinery, motor scooters or motorcycles, boats, trailers, aircraft and monuments. No repair work is done in such area except for incidental repair of items to be displayed and sold on the premises.
OUTDOOR STORAGE AREAS
Any open land or area used for the purpose of storage of any product or part of a product either before, during or after manufacture, servicing or repair, and not displayed for retail sale. This does not include open sales areas.
PARKING LOT
A structure or premises containing five or more parking spaces open to the public.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontages.
PLACES OF ASSEMBLY
Places where people gather or congregate for amusement, worship, learning, etc. This includes schools, churches, theaters, playgrounds, etc.
PROFESSIONAL HOME OFFICES
Residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professions used to conduct their professions, where the office does not exceed 1/2 the area of only one floor of the residence and only one nonresident person is employed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PROFESSIONAL OFFICES
Offices of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, professional land surveyors, lawyers, artists, teachers, authors, musicians, or other recognized professions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PUBLIC AIRPORT
Any airport which complies with the definition of "public-use airport" contained in § 114.002(18m), Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
REAR YARD
A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.
RESTAURANT
A business establishment consisting of a kitchen and dining room, whose primary purpose is to prepare and serve food to be eaten by customers seated in the dining room.
RESTAURANT, DRIVE-IN
A business establishment consisting of a kitchen, with or without a dining room, where food is prepared and packaged to be eaten either off the premises or within automobiles parked on the premises.
RETAIL
The sale of goods or merchandise in small quantities to the consumer.
ROADSIDE STAND
A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
SETBACK
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.
SHOPPING CENTER
A concentration of retail stores and service establishments in a suburban area with generous parking space and planned to serve the community or a neighborhood.
SIDE YARD
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
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
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. A basement having 1/2 or more of its height above grade shall be deemed a story for purposes of height regulation.
STORY, HALF
That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4 1/2 feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multifamily dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this chapter.
STREET
Property other than an alley or private thoroughfare or travelway which is subject to public easement or right-of-way for use as a thoroughfare and which is 21 feet or more in width.
STREET YARD
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
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
TEMPORARY STRUCTURE
A movable structure not designed for human occupancy or for the protection of goods or chattels and not forming an enclosure, such as billboards.
TRAVEL TRAILER OR MOTOR HOME
A vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation use, which does not fall within the definition of mobile home or modular unit.
USE
The purpose or activity for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY
A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use when permitted by district regulations.
USE, PRINCIPAL
The main use of land or building as distinguished from subordinate or accessory use.
UTILITIES
Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, static transformer stations, telephone and 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.
VISION CLEARANCE
An unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.
YARD
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. The street and rear yards extend the full width of the lot.
ZERO LOT LINE
The concept whereby two respective dwelling units within a building shall be on separate and abutting lots and shall meet on the common property line between them, thereby having zero space between said units.
ZONING PERMIT
A permit issued by the 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.
[1]
Editor's Note: The original definition of "group foster home" of the 1997 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: The original definition of "lot, corner" of the 1997 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now the definition of "corner lot."