This chapter shall hereafter be known, cited and referred to as the Development Ordinance of the Village of Pewaukee. The chapter consists of zoning regulations; subdivision and site development regulations; architectural controls; erosion and stormwater runoff regulations; and an official zoning map that designates land use districts.

(Ord. No. 99-5, § 17.01(8), 5-4-1999)

This chapter is adopted pursuant to the provisions of Wis. Stats. chs. 61, 62 and 236. The village board of the Village of Pewaukee, Waukesha County, Wisconsin, does ordain as follows.

(Ord. No. 99-5, § 17.01(1)(a), 5-4-1999)

The purpose of this chapter is to protect and promote the public health, safety, prosperity, aesthetics and general welfare of this community.

(Ord. No. 99-5, § 17.01(2)(a), 5-4-1999)

The intent of this chapter is to:

(1)

Implement the policies and proposals of the Village of Pewaukee master plan prepared and adopted by the planning commission in accordance with Wis. Stats. §§ 61.35 and 62.23.

(2)

Divide the village into districts regulating the location, construction, reconstruction, alteration and use of buildings, structures and land for various uses, thereby providing a framework within which the community can develop in an orderly manner.

(3)

Facilitate the creation of a convenient, attractive and harmonious community.

(4)

Preserve and protect the natural environment and open space.

(5)

Provide for adequate light, air, access and safety from fire, flood and other dangers.

(6)

Reduce or prevent congestion in the streets.

(7)

Ensure the provision of adequate and efficient police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, recreational facilities and other public facilities and services.

(8)

Preserve the community's history, heritage and village character.

(9)

Prevent the overcrowding of land and undue concentration of population.

(10)

Ensure that development occurs at a pace consistent with the village's financial capability to provide municipal services.

(11)

Encourage balanced economic development.

(12)

Establish administrative procedures whereby the village may objectively and equitably phase development based upon its fiscal and environmental impacts upon the surrounding area and the village as a whole.

(Ord. No. 99-5, § 17.01(3)(a)—(l), 5-4-1999)

The regulations contained in this chapter shall apply to all property situated either wholly or partly within the boundaries of the Village of Pewaukee, Wisconsin, and its extraterritorial limits in accordance with Wis. Stats. chs. 61, 62 and 236.

(Ord. No. 99-5, § 17.01(4), 5-4-1999)

(a)

No provision of this chapter is intended to repeal, abrogate, annul, impair or interfere with any existing ordinance of the Village of Pewaukee, except as is specifically repealed. Where this chapter imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open space around structures, or greater areas or dimensions of sites than is imposed or required by an existing ordinance, this chapter shall govern.

(b)

This chapter is not intended to abrogate any easement, covenant or any other private agreement. Where the regulations of this chapter are more restrictive or impose more restrictive standards or regulations than such easements, covenant or other private agreement, the requirements of this chapter shall govern.

(c)

Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of any structure or part thereof for which a building permit has been issued before the effective date of the ordinance from which this chapter is derived and the construction of which shall have been substantially started within six months from the date of such permit.

(d)

Uses which are legally existing prior to enactment of this chapter but do not conform to the regulations of the district in which they are located shall be considered legal nonconforming unless appropriately classified as a conditional use.

(e)

No zoning lot, land use or structure which was not lawfully existing at the time of adoption of this chapter shall be made lawful solely by reason of the adoption of this chapter, and to the extent that the zoning lot or land use is in conflict in any manner with the requirements of this chapter, such lot or use remains unlawful under this chapter.

(f)

No structure, development, land, water or air shall be used and no structure or part thereof shall be located, erected, moved, reconstructed, substantially improved, extended, enlarged, converted or structurally altered without obtaining any necessary building permits and without full compliance with the provisions of this chapter and all other local, county and state regulations.

(g)

No land shall be used or structure erected where the use or structure will result in a significant and unduly burdensome traffic impact, groundwater impact, capital facility impact, and/or where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography or low bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The village planning commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability or propose adequate mitigation, if they so desire. Thereafter, the village planning commission may affirm, modify or withdraw its determination of unsuitability.

(Ord. No. 99-5, § 17.03(1)(a)—(g), 5-4-1999)

The provisions of this chapter, in their interpretation and application, shall be held to the minimum requirements and shall be liberally construed in favor of the Village of Pewaukee and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin State Statutes.

(Ord. No. 99-5, § 17.01(5), 5-4-1999)

The Village of Pewaukee does not guarantee, warrant or represent that only those areas designated as floodlands on the zoning district map will be subject to periodic inundation, and asserts that there is no liability on the part of the village, or any of its officers, officials and employees for any flood damages that may occur as a result of reliance upon and conformance with this chapter. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected. If any application of this chapter to a particular structure, land or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land or water not specifically included in such judgment.

(Ord. No. 99-5, § 17.01(6), 5-4-1999)

(a)

Rules of construction. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

(1)

The singular number includes the plural, and the plural the singular.

(2)

The present tense includes the past and future tenses, and the future the present.

(3)

The word shall is mandatory, while the word may is permissive.

(4)

The masculine gender includes the feminine and neuter genders.

(5)

Whenever a word or term defined in this section appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses between a word and its definition in this section, shall be construed in the same sense as that word.

(6)

The phrase "including, but not limited to" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(b)

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

Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the principal use or structure, which accessory use or structure is under the same ownership, in all respects, as the principal use on the premises and which accessory use or structure is used/occupied only for purposes that directly support of the principal use of the premises. The single exception is accessory off-street parking facilities which are permitted to locate off-site of the principal building or use served.

Agent of applicant means an attorney, real estate agent, surveyor or other person either delegated in writing by the owner of a parcel or by court action to act on the owner's behalf on the division or development of property.

Aggrieved person means any person who alleges that there is error in an order, requirement, decision or determination made by the administrator of this chapter in relation to the administration or enforcement of this chapter.

Agriculture means all uses, commonly classified as agriculture, horticulture, floriculture, viticulture or forestry, such as: The tilling of soil, crop and tree farming, truck farming, gardening, plant nurseries, dairy farming, keeping or raising of domestic livestock or poultry and sod farming together with the operation of any machinery or vehicles that are incidental to the above uses and any agricultural business such as fruit packing, dairying or similar activity.

Airport means an area of land or water, which is used, or intended for use, for the landing and takeoff of aircraft, and any adjacent areas which are used, or intended for use, for airport buildings or other airport facilities, rights-of-way and together with all airport buildings and facilities located thereon.

Alley means a public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose frontage and primary access is on a street.

Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure.

Animal boarding place means any structure, land or combination thereof used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, horses or other domestic animals for profit, but exclusive of animals used for agricultural purposes.

Apartment means a suite of rooms or a room in a multiple dwelling which is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals.

Apartment building means a building used or intended to be used as three or more separate rental dwelling units.

Automobile graveyard. See "Junkyard."

Automobile repair facility means a service establishment where engine repairs, replacement of parts or body work and general maintenance are performed.

Base setback line means the edge of the established ultimate street right-of-way.

Basement, habitable, means a habitable story having part, but not more than half of its height below grade.

Basement, uninhabitable, (also see "Cellar"), means an uninhabitable area of a building having more than half its height below grade.

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent, is the owner's personal residence and is occupied by the owner at the time of rental.

Berm means a manmade mound of earth in excess of two feet in vertical height used to shield or buffer properties from adjoining uses, highways or noise or to control the direction of surface water flow.

Boardinghouse means a dwelling, or part thereof, in which commercial lodging and meals are provided by the owner.

Boathouse means an accessory structure located near the ordinary high water mark and designed and used for the storage of boats, accessory marine equipment and other items owned by and normally used by the occupants of the principal residence on the parcel in the daily activities of waterfront property. The structure shall have a large garage type door for primary access on the side of the building facing the water. A boathouse shall be placed on a foundation extending below the frost line or on a concrete slab and shall contain at least 200 square feet but not more than 400 square feet in area. Boathouses may not include plumbing, kitchen or built-in cooking facilities and may not be used, rented or leased for overnight habitation.

Buildable area means the space remaining on a lot after the minimum open space, offset and setback requirements of this chapter have been complied with; excepting therefrom any floodplain, wetland or similarly designated unbuildable lands.

Building means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattel.

Building, accessory. See "Accessory use or structure."

Building height means the vertical distance measured from the mean elevation of the finished grade at the front of the building to the highest point of the building.

Bulk storage means the storage of chemicals, petroleum products and other materials for subsequent resale to distributors or retail dealers or outlets. Bulk storage is essentially a warehousing operation. The key portion of the definition is that the products are stored for eventual resale and not directly to the consuming public.

Business means any commercial or industrial activity or establishment.

Business park means a project owned, developed and managed by a single owner or a group of owners acting jointly. Types of uses include, but are not limited to: offices; research and development laboratories; wholesale distribution facilities; establishments providing services to other businesses such as printing, publishing and advertising; public and quasi-public uses such as public administration offices and public utility installations; certain small to moderate scale light industrial establishments and motels. The land encompassed by a business park is usually subdivided and developed in accordance with a development agreement. The term "park" signifies an area developed as a coordinated entity with similar building facades, extensive landscaping, common parking and access drives and unified site design.

Business services means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance, employment service; management and consulting services; protective services; equipment rental; leasing and financial services.

Campground means a plat of ground designated for two or more sites for temporary occupancy within tents and/or recreational vehicles.

Canopy means a rooflike structure of a permanent nature which may project from the wall of a building.

Carport means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

Cat means felis domesticus.

Cellar means a space having more than half of its height below grade and which may not be occupied for dwelling purposes.

Channel means a watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.

Child care center. See "Day care center."

Clinic, means an office, group of offices or facility wherein four or more doctors and/or licensed medical practitioners, organized and operating together professionally, provide medical, psychiatric, dental or similar services to persons solely on an outpatient basis and specifically excluding inpatient care or lodging of patients. Related services incidental to and located within a clinic may include, but are not necessarily limited to, diagnostic, laboratory, imaging, testing, clerical and administrative functions. A clinic may include walk-in type (i.e. no appointment needed) and quick-care type (i.e. non-life threatening urgency) medical care.

Club or lodge, private. See "Private club or lodge."

Commercial, convenience, means retail and service establishments primarily serving the day-to-day needs of local neighborhood residents.

Commercial, general merchandise, means retail stores such as department stores, variety stores and general stores, which sell dry goods, apparel and accessories, furniture and home furnishings, hardware and food.

Commercial, personal service, means establishments primarily engaged in providing personal services for individuals such as laundromats, barbershops, beauty parlors, photographic studios, funeral homes and tailors.

Community living arrangement means any of the following facilities licensed, operated or permitted under the authority of the Wisconsin Department of Health and Social Services: child welfare agencies under Wis. Stats. § 48.60, group 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. (See further definition in Wis. Stats. 46.03(22)).

Cul-de-sac means a local street with only one outlet which is designed to allow the safe and convenient reversal of traffic movement.

Dairy means a business establishment for the processing and sale of dairy products.

Day care center means a facility where care and supervision is provided for four or more children under the age of seven for less than 24 hours a day as licensed as a day care center by the Wisconsin Department of Health and Social Services under Wis. Stats. § 48.65.

Note: Family day care home, which is a specific type of day care center, is a dwelling licensed as a day care center by the state department of health and social services under Wis. Stats. § 48.65 where care is provided for not more than eight children. Furthermore, no municipality may prevent a family day care home from being located in a zoned district in which single-family residence is a permitted use.

Deck means a structure characterized by a flat horizontal surface or platform suspended above the grade of the land it covers and which may be supported by posts, beams, cantilevers or by other means. Decks more than six inches above ground at any point shall meet the minimum building setback and offset requirements.

Density means the number of dwelling units or housing structures per unit of land.

Developable land area means the area of a site exclusive of land rendered unbuildable by local, state or federal codes, agreement between developers and the village or by natural conditions.

Development means any manmade change to improved or unimproved real estate; including but not limited to construction of buildings or other structures, mining, digging, filling, grading, paving, excavation or drilling operations.

Dog means canis familiaris.

Dwelling means a structure or that part of a structure used as a home, residence or sleeping place by one or more persons maintaining a common household. This definition shall not encompass hotels, boardinghouses or lodginghouses, tourist cabins and recreational facilities.

Easement means a right given by an owner of land to another party for a specific limited use of that land or a portion thereof. An easement may be in the form of a surface, subsurface or overhead easement.

Educational institution means public, parochial, charitable and nonprofit schools, junior colleges, colleges or universities, trade or business schools, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Elderly housing shall mean "housing for older persons" as defined by section 807(b)(2) of the Fair Housing Act (42 U.S.C. 3607 (b)(2)) as may be amended from time to time.

Emergency access easement means an area of land designed, constructed and set aside to provide alternate access for emergency vehicle response.

Exotic or endangered animal means any wild animal as provided in Wis. Stats. § 169.01.

Family means one or more persons related by blood, marriage or adoption, or up to four unrelated persons living together as a single nonprofit housekeeping unit, but not including sororities, fraternities or other similar organizations.

Farm operation means one or more parcels of land either contiguous or separate aggregating not less than ten acres under a single ownership and/or management upon which the production of natural fibers, animals and/or food for human or animal consumption is produced.

Fence means a structure or landscaping which is a barrier and used as a boundary or means of protection, screening or confinement.

Flood means a temporary rise in water level that results in water overtopping land banks and inundating adjacent areas.

Flood protection elevation means a level two feet above the height of the regional flood elevation.

Floodfringe means that portion of the floodplain outside of the floodway which is covered by floodwater during the regional flood; the term includes those floodlands, outside the floodway, subject to inundation by the 100-year recurrence interval flood. The term "floodfringe" is generally associated with standing water rather than flowing water. For the purpose of this chapter, the floodplain fringe includes the floodplain conservancy district and the floodplain fringe overlay district.

Floodplain means land which has been or may be covered by floodwater during the regional flood. The floodplain includes the floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain areas.

Floodway means 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, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.

Floor area, gross leasable (GLA), means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

Floor area ratio (FAR) means the gross floor area of all buildings on a lot or building site divided by the lot or site area.

Garage, private, means a structure primarily intended for the storage or shelter of the motor vehicles belonging to the residents of the premises. Carports shall not be considered garages within this definition.

Grade, established, means the elevation of the finished street at the centerline or curb as fixed by the engineer or by such authority as shall be designated by law to determine such an elevation.

Gross project area. See "Developable land area."

Group home. See "Community living arrangement."

Hog farm means a place where hogs are kept and fed.

Home for the aged. See "Elderly housing" and/or "Nursing home."

Home occupation means any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes and is in accordance with of this chapter.

Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hospital, animal means an establishment providing for medical care and treatment of animal pets, but distinguished from a kennel in that no outdoor runs shall be permitted for boarded animals and all indoor runs shall be soundproof.

Hotel means a facility offering transient lodging accommodations (five or more sleeping rooms) to the general public and may provide additional services such as restaurants, meeting rooms and recreation facilities.

Impervious surface means the area of a lot devoid of grass, trees or other natural landscape features.

Industrial, light, means industrial establishments such as those engaged in warehousing, wholesaling and distribution, assembly, fabrication, repair and maintenance services that comply with the standards listed in this chapter.

Industrial park means a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.

Industry means those fields of economic activity including forestry, fishing, hunting and trapping; mining; construction; manufacturing; transportation, communication, electric, gas and sanitary services; and wholesale trade.

Junkyard means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other work materials.

Jurisdiction means the area subject to the legislative control of the Village of Pewaukee village board.

Kennel means a lot, building, structure, enclosure or premises whereon or wherein six or more dogs over the age of five months are maintained, boarded, bred, kept or cared for.

Land division means the division of a lot, tract or parcel of land into fewer than five lots in accordance with article X of this chapter.

Livestock means domestic farm animals including but not limited to horses, cows, swine, goats and sheep.

Lodginghouse means a building where lodging only is provided for compensation and having more than three sleeping rooms for this purpose.

Lot means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law.

Lot area means the total square footage within the boundaries of a lot, excluding any street rights-of-way.

Lot, corner, means a lot fronting on two or more streets at an intersection.

Lot coverage means that portion of a lot that is covered by buildings, structures and all other impervious improvements on the ground surface such as paving, driveways, etc.

Lot frontage means the boundary of a lot along a public street.

Lot lines means a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot width means and shall be calculated as the average horizontal distance between the side lot lines of the lot. The lot width at the building setback line shall be greater than or equal to the required lot width. Questions of interpretation shall be made by village staff.

Manufacturing means the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. Processing on farms is not classified as manufacturing if the raw material is grown on the farm. Such manufacturing is accessory to the major use of farming.

Mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.

Mobile home park means a site with required improvements and utilities for the longterm parking of two or more mobile homes, which may include services and facilities for the residents.

Nonconforming lot means a platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or its subsequent amendment.

Nonconforming use means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

Nuisance means an unreasonable interference with the enjoyment and use of one's property.

Nursing home (also known as extended care facility, intermediate care facility, or long term care facility) means an extended or intermediate care facility licensed by the state to provide fulltime convalescent or chronic care to three or more unrelated individuals who because of their mental or physical condition require nursing care or personal care in excess of seven hours a week.

Note: Community based residential facilities are defined separately under "Community living arrangement."

Occupancy permit means a required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.

Office means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

Office park means a project owned, developed and managed by a single owner or a group of owners similar to a business park with the primary establishments being a related group of offices: corporate, medical, financial, insurance and real estate.

Offset means the horizontal distance between the roofed or enclosed portion of a structure and the side or rear lot lines.

Open space means a natural or manmade open space area not occupied by any structures or impervious surfaces.

Open space ratio means total area of open space divided by the total site area in which the open space is located.

Outdoor recreational facilities means land and structures along with accessory equipment, designed and utilized for leisure time activities of a predominantly outdoor nature.

Outdoor storage means the keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

Parcel means a lot or tract of land.

Parking area means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Parking space, off-street, means a usable off-street area with independent access designated for the parking of motor vehicles.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Personal use vehicle means the use and operation of a vehicle not directly associated with the conduct of business including, but not limited to, such services as taxi, limousine, courier, etc.

Planned unit development means an area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential and/or business clusters.

Planning commission means a body officially established under Wis. Stats. § 62.23.

Plat, final subdivision or condominium means a map or plan of a parcel of land showing such data as the location, boundaries, dimensions, bearings, lot or unit location and designation, and ownership of individual properties in accordance with Wis. Stats. chs. 236 and 703.

Preliminary plat means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

Poultry means domestic fowl, such as chickens, ducks, geese and turkeys normally raised on a farm.

Principal use. See "Use, principal."

Private club or lodge means a structure or grounds used for regular or periodic meetings or gatherings of a group of persons organized for a nonprofit purpose, but not groups organized to render a service customarily carried on as a business.

Private landing area means an area for landing aircraft which has been constructed by a person for private use and which is not open to the general public.

Processing means a series of operations, usually in a continuous and regular action or succession of activities, taking place or carried on in a definite manner. The term processing is generally associated with the transformation of raw materials or substances into new products. For purposes of use in this chapter, processing shall not include heavy industrial uses such as tanneries, meatpacking, foundries, hazardous waste recycling, chemical production and the like.

Public improvements (infrastructure) means any part of the infrastructure such as drainage structures, central water system, central sewage disposal systems, bridges and streets.

Public utility means any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, communication, transportation or water.

Public water and sewerage systems means a water or sewerage system owned and operated by the village or an authority owned and operated by a private individual or a corporation approved by the village board and properly licensed by the Wisconsin Corporation Commission, and subject to special regulations as set forth in this chapter.

Quarry means the removal of rock, slate, gravel, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other process.

Quasi-public means a use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.

Recreational vehicle means a vehicle which can be towed, hauled or driven and designed as a temporary living accommodation for recreational camping and travel use and including, but not limited to, travel trailers, truck campers, tent trailers, camping trailers and self-propelled motor homes.

Regional flood means a flood having an average frequency of the 100-year recurrence interval flood.

Research laboratory means an establishment or other facility for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products.

Restaurant means a commercial establishment where food and drink is prepared, served and consumed primarily within the principal building.

Restaurant, fast food, means an establishment whose principal business is the sale of prepared or rapidly prepared food directly to the consumer in a ready-to-consume state for consumption either within the restaurant building or off-premises.

Restaurant, sit-down, means any building, room or place where meals are prepared, sold and served to the public primarily while they are seated at a table. A sit-down restaurant does not include those restaurants with drive-in or drive-up facilities.

Retail services means establishments providing services as opposed to products, to the public, including for instance, but not necessarily limited to health clubs, educational and social services, dry cleaning, tailor, repair shops (e.g. watches, electronics, etc.), beauty and/or barber shops, photography studio and art galleries.

Retail trade means establishments engaged in selling goods or merchandise to the public for personal, business or household consumption and rendering services incidental to the sale of such goods.

Riding stable means any structure or land or any combination of either used, designed or arranged for the maintenance or rental of horses, mules, ponies or donkeys either with or without a bridle path or riding area but exclusive of horses or mules used exclusively for agricultural purposes.

Right-of-way means a strip of land acquired by reservation, dedication, forced dedication or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses.

Road. See "Street."

Roadside stand, farm, means a farm building or structure used or intended to be used solely by the owner or tenant of the farm on which such building is located for sale of the farm products raised on such farm.

Roadside stand, wayside market, means any structure or land used for the sale of agricultural or horticultural products, livestock or merchandise.

Sand and gravel pits. See "Quarrying."

Service establishments means establishments primarily engaged in providing services for individuals, business and government establishments and other organizations; including hotels and other lodging places; establishments providing personal business, repair and amusement services; health, legal, engineering and other professional services; educational institutions; membership organizations and other miscellaneous services.

Service station means a place where petroleum products, stored in underground tanks, for the operation of automobiles are offered for sale directly to the public. Motor vehicle servicing, incidental washing and the sale of minor accessories are also characteristic of some service stations.

Setback means the horizontal distance between the roofed or enclosed portion of any structure and the base setback line.

Sign means any structure or device displaying advertising or information in the form of lettering, pictures, symbols or other media.

Stable means an accessory building for housing horses or animals.

Street means a public or private right-of-way usually affording primary access to abutting property and as further defined in article VIII of this chapter.

Street dedication means the designation by plat, certified survey map, or written deed of a certain area to be used for public street purposes. A dedication transfers title of the dedicated area from the private landowner to the public domain.

Street (road) reservation means the designation by plat, certified survey map or written deed of a certain area reserved for possible future public street purposes. A reservation does not transfer title of the reserved area to the public domain unless the area is accepted by the village board for public street purposes.

Street width means the total width of the strip of land dedicated or reserved for public travel, including roadway, curbs, gutters, sidewalks and planting strips.

Structural alterations means any change, other than incidental repairs, which would expand or prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.

Structure means a combination of materials, other than natural terrain or plant growth, erected or constructed to form among other things, a building, shelter, sign enclosure, retainer, container, support, base or decoration.

Structure, accessory. See "Accessory use or structure."

Structure, legal nonconforming, means a building, structure or portion thereof, lawfully existing at the time of the passage of the ordinance from which this chapter is derived, but which does not conform in one or more respects to the regulations of this chapter.

Structure, permanent, means a structure placed on or in the ground or attached to another structure in a fixed and determined position, and intended to remain in place for a period of more than nine months.

Structure, principal, means a structure used or intended to be used for the principal use as permitted on such lot by the regulations of the zoning district in which it is located.

Structure, storage, means a detached structure other than a principal garage that is used for the parking and/or storage of motor vehicles of the families resident upon the premises; boats, campers and other recreational vehicles; lawn and garden equipment and tools, as well as any other items or materials as may be necessary.

Structure, temporary, means any structure other than a permanent structure as defined in this section.

Subdivision means the division of a lot, parcel or tract of land by the owner or his agent for any purpose where:

(1)

The act of division creates five or more parcels or building sites of 1½ acres each or less in area; or

(2)

Five or more parcels or building sites of 1½ acres each or less in area are created by successive divisions within a period of five years.

See further definition and regulations in article X of this chapter.

Surveyor means a licensed and certified land surveyor authorized to do business in the State of Wisconsin under Wis. Stats. § 443.06.

Thrift shop means a for profit or nonprofit business or organization that engages in or specializes in the sale/resale of previously owned or used goods and merchandise including either or both of the related use functions "collection of donations" and/or related "retail sales thereof." A specialty retail store that sells used merchandise not donated for sale, including for instance but not limited to antiques, consigned goods and sports card trading stores, shall not be considered a thrift shop for the purposes of this chapter.

Trailer camp. See "Campground."

Unenclosed means being within reasonable view of surrounding properties due to lack of adequate screening or enclosure when used in reference to unenclosed storage of materials, vehicles, etc.

Use, accessory. See "Accessory use and structure."

Use, conditional means a use which may be approved by the planning commission upon a determination of acceptable project impact and imposition of appropriate conditions as provided in section 44.155.

Use, legal nonconforming, means a building or premises lawfully used or occupied at the time of the passage of the ordinance from which this chapter is derived or amendments thereto, which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.

Use, permitted, means the utilization of land by occupancy, activity, building or other means which is specifically enumerated as permissible by the regulations of the zoning district in which land is located.

Use, principal, means the main or primary use of property or structures as permitted on a lot by the regulations of the zoning district in which such use is located.

Variance means a departure from the provisions of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in an unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance.

Village board means the Village of Pewaukee village board.

Vision setback means an unoccupied triangular space, at the street corner of a corner lot as established by section 40.424.

Warehouse means a building used primarily for the storage of business generated goods and materials and/or as a distribution center.

Warehouse, mini (or residential storage facility), means a building or portion thereof designed or rented primarily for storage.

Wetland means 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 a wet condition.

Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Zoning district means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and structures.

(Ord. No. 99-5, § 17.02, 5-4-1999; Ord. No. 2002-5, § 1, 10-1-2002; Ord. No. 2009-03, § 1, 3-17-2009; Ord. No. 2013-18, § 1, 1-21-2014; Ord. No. 2013-19, § 1, 11-19-2013; Ord. No. 2014-05, § 1, 7-15-2014; Ord. No. 2019-05, § I, 5-7-2019; Ord. No. 2022-14, § I(g), 9-20-2022)