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Pleasant Prairie City Zoning Code

ARTICLE XXI

Definitions

§ 420-152 Definitions.

[Amended 10-17-2005 by Ord. No. 05-49; 1-15-2007 by Ord. No. 07-01; 4-2-2007 by Ord. No. 07-08; 12-17-2007 by Ord. No. 07-58; 5-4-2009 by Ord. No. 09-25; 7-20-2009 by Ord. No. 09-44; 12-21-2009 by Ord. No. 09-61; 3-15-2010 by Ord. No. 10-21; 3-15-2010 by Ord. No. 10-21; 5-17-2010 by Ord. No. 10-30; 5-17-2010 by Ord. No. 10-31; 10-24-2011 by Ord. No. 11-32; 7-15-2013 by Ord. No. 13-29; 4-7-2014 by Ord. No. 14-08; 3-2-2015 by Ord. No. 15-08; 11-21-2016 by Ord. No. 16-38; 4-17-2017 by Ord. No. 17-15; 7-20-2020 by Ord. No. 20-26; 7-20-2020 by Ord. No. 20-16; 6-26-2023 by Ord. No. 23-28; 6-26-2023 by Ord. No. 23-26; 7-24-2023 by Ord. No. 23-30; 12-11-2023 by Ord. No. 23-51; 12-11-2023 by Ord. No. 23-52; 4-11-2024 by Ord. No. 24-05; 8-11-2025 by Ord. No. 25-32]
As used in this chapter, the following terms shall have the meaning indicated. Definitions related to signs, flags, festoons and lights are located in Article X, and definitions related to floodplains are located in Chapter 430.
ABUTTING PROPERTY OWNERS
Property owners having a common boundary or property owners on either side of a public thoroughfare.
ABUTTING STRUCTURES
A building or structure on each lot directly adjacent to said lot. The averaging principle is being used, and if an abutting lot is vacant, the average setback shall be determined by the lot with the building or the structure.
ACCESS
A way of approaching or entering a property. Access also includes ingress, the right to enter, and egress, the right to leave.
ACCESSORY BUILDING
A building occupied by or used for one or more accessory uses but not occupied by or used for any principal use.
ACCESSORY STRUCTURE
A structure occupied by or used for one or more accessory uses, which is not occupied by or used for any principal use, or a structure which constitutes an accessory use.
ACCESSORY USE
A use of real property that is related, subordinate and customarily incidental to a particular principal use, or a use that is specifically recognized by this chapter as an accessory use in relation to a particular principal use, and which is located on the same lot or on the same approved site as such principal use.
ADDITION
Any increase in the size of a building or other structure in terms of site coverage, height, length, width or gross floor area.
ADULT BOOKSTORE
An establishment that sells at retail adult-oriented printed or graphic materials, provided that 40% or more of the store's inventory of printed or graphic materials that is displayed and offered for sale in the store (either in terms of the number of items or in terms of the aggregate retail value of such items) consists of adult-oriented printed or graphic materials, or that 40% or more of the display space or floor area devoted to printed or graphic materials for sale in the store is devoted to adult-oriented printed or graphic materials, or that 40% or more of the store's gross receipts from the sale of printed or graphic materials during any calendar month is attributable to the sale of adult-oriented printed or graphic materials, or that the store holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an adult bookstore or as a source of adult-oriented materials, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult books," "adult entertainment" or similar terms.
ADULT CABARET
An establishment, open to the public, that serves or sells alcoholic beverages and which typically or on a frequently recurring basis provides or allows the provision of adult live entertainment to its customers, or which holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an establishment where adult live entertainment is typically or on a frequently recurring basis available, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult entertainment," "strippers," "showgirls," "exotic dancers," "gentlemen's club" or similar terms.
ADULT CLUB
An establishment that would be classified as an adult dry cabaret or adult viewing facility except that it is open only to members and their guests.
ADULT DRY CABARET
An establishment, open to the public, that does not serve or sell alcoholic beverages and which typically or on a frequently recurring basis provides or allows the provision of adult live entertainment to its customers, or which holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an adult dry cabaret or an establishment where adult live entertainment is typically or on a frequently recurring basis available, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult entertainment," "strippers," "showgirls," "exotic dancers," "gentlemen's club" or similar terms.
ADULT FAMILY HOME
A facility as defined in § 50.01(1), Wis. Stats.
ADULT LIVE ENTERTAINMENT
Seminude dancing or any other form of live entertainment performed by seminude entertainers.
ADULT MOVIE THEATER
An establishment, open to the public, that typically or on a frequently recurring basis shows movies which have as their dominant subject or theme, or which are distinguished or characterized by their primary emphasis on, the depiction or description of specified sexual activities or specified anatomical areas, or an establishment that holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an adult movie theater or a movie theater where adult-oriented motion-picture materials are typically or on a frequently recurring basis shown, including, without limitation, by allusions to sexual stimulation or gratification or by references to "adult entertainment" or similar terms.
ADULT VIDEO RENTAL STORE
An establishment that rents motion-picture materials, provided that 40% or more of the store's inventory of motion-picture materials that is displayed and offered for rent in the store (either in terms of the number of items or in terms of the aggregate rental value of such items) consists of adult-oriented motion-picture materials or that 40% or more of the display space or floor area devoted to motion-picture materials for rent in the store is devoted to adult-oriented motion-picture materials, or that 40% or more of the store's gross receipts from the rental of motion-picture materials during any calendar month is attributable to the rental of adult-oriented motion-picture materials, or that the establishment holds itself out to the public by its name, its signs and/or its advertising as an adult video rental store or as a source of adult-oriented materials, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult videos," "adult entertainment" or similar terms.
ADULT VIDEO STORE
An establishment that sells at retail adult-oriented motion-picture materials, provided that 40% or more of the store's inventory of motion-picture materials that is displayed and offered for sale in the store (either in terms of the number of items or in terms of the aggregate retail value of such items) consists of adult-oriented motion-picture materials, or that 40% or more of the display space or floor area devoted to motion-picture materials for sale in the store is devoted to adult-oriented motion-picture materials, or that 40% or more of the store's gross receipts from the sale of motion-picture materials during any calendar month is attributable to the sale of adult-oriented motion-picture materials, or that the store holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an adult video store or as a source of adult-oriented materials, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult videos," "adult entertainment" or similar terms.
ADULT VIEWING FACILITY
An establishment, open to the public, that allows individuals to view adult-oriented motion-picture materials on site, provided that 40% or more of the motion-picture materials available for such on-site viewing consists of adult-oriented motion-picture materials, or that 40% or more of the display space or floor area devoted to motion-picture materials that can be viewed in the establishment is devoted to adult-oriented motion-picture materials, or that 40% or more of the motion-picture materials actually viewed in the establishment in any calendar month is adult-oriented motion-picture materials, or that 40% or more of the establishment's gross receipts from on-site viewing of motion-picture materials during any calendar month is attributable to the viewing of adult-oriented motion-picture materials, or that the establishment holds itself out or identifies itself to the public by its name, its signs and/or its advertising as an adult viewing facility or as a source of adult-oriented materials, including, without limitation, by verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult videos," "adult entertainment" or similar terms.
ADULT-ORIENTED MATERIALS
Adult-oriented printed or graphic materials and/or adult-oriented motion-picture materials.
ADULT-ORIENTED MOTION-PICTURE MATERIALS
Motion-picture materials which have as their dominant subject or theme, or which are distinguished or characterized by their primary emphasis on, the depiction or description of specified sexual activities or specified anatomical areas.
ADULT-ORIENTED PRINTED OR GRAPHIC MATERIALS
Printed or graphic materials that have as their dominant subject or theme, or that are distinguished or characterized by their primary emphasis on, the depiction or description of specified sexual activities or specified anatomical areas.
ADULT-ORIENTED USE
An adult bookstore, adult club, adult movie theater, adult dry cabaret, adult video store, adult video rental store or adult viewing facility.
ALLEY
A public highway which is a narrow way, less in size than a street, and which is not designed for general travel, which is used primarily as a means of access to the rear of residences and business establishments and which, generally, affords only a secondary means of access to the property abutting along its length.
ALLOWED USE
Any use of real property that is allowed by and subject to the provisions of this chapter in a particular zoning district or at a particular location, including, without limitation, any of the following types of uses: a permitted use, an auxiliary permitted use, a conditional use, a special licensed use, a nonconforming use or an accessory use.
ALTERATION
A physical change in a building or an addition to it. As applied to a building or structure, "alteration" means a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMATEUR (HAM) RADIO
A radio antenna and associated equipment operated for noncommercial purposes as a hobby.
AMBULANCE SERVICE
A non-government, private service of transporting sick, disabled or injured individuals by ambulance to or from facilities or institutions provided for health services.
AMENITY
Aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. It may include such things as a unified building design, recreational facilities, such as swimming pools or tennis courts, security systems, views, landscaping or tree preservation, or attractive site design.
AMPLIFIED AMBIENT SOUND
Amplified sound which cannot be heard beyond the property boundaries wherein the amplified sound originated.
AMPLIFIED SOUND
Sound made by any electronic device or a group of connected electronic devices incorporating one or more loudspeakers or other electromechanics transducer, and intended for the production, reproduction, or amplification of sound. Amplified sound excludes amplified ambient sound as defined in this chapter.
ANIMAL CARE FACILITY
An animal shelter, maintained by or under contract with any state, county or the Village whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or animal rescue organizations. Such facility may include basic medical treatment and adoption services; however, excludes surgical or on-site cremation services.
ANIMAL RESCUE ORGANIZATIONS
Any not-for-profit organization, which has tax-exempt status under § 501(c)(3) of the United States Revenue Code whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
ANTENNA
Any system of wires, poles, rods, reflecting discs, aerials or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any permitted principal use or structure.
APARTMENT
A room or suite of rooms in a multiple dwelling intended to be designed for use as a residence by a single family.
APARTMENT, EFFICIENCY
A dwelling unit of not more than one room in addition to a kitchen and bath and intended primarily as a residence for a single person.
APPLICANT
The owner or user of the property on which a structure is proposed to be located or modified who/which is seeking a permit.
ARTERIAL STREET OR HIGHWAY
A public street or highway that is designated as an arterial street or arterial highway in the Village Comprehensive Plan.
ASSISTED LIVING FACILITY
A facility, however named, which is designed, staffed and equipped for the care of individuals who are not in need of hospital or nursing care but who are in need of assistance with everyday activities of living, due to age or other illness.
AUTOMOBILE
See "passenger vehicle or automobile."
AUXILIARY PERMITTED USE
A principal use that is a permitted use only when it is auxiliary (secondary) to one or more permitted uses located in a principal building, in that it is located in the same principal building as the permitted use(s), and for any retail or service auxiliary uses it is designed to serve the needs of the occupants of the principal building, has no dedicated outside entrance to such building, and has no signage visible from the exterior of such building.
AWNING
A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BASEMENT
Any enclosed area of a building having its floor below ground level on at least three sides.
BEAUTY SALON
An establishment that provides various beauty and cosmetic treatments and techniques offering benefits to the body (including the application of beauty products). Including but not limited to barbers, hair and nail salons, tanning salons, therapeutic massage, day spas and med spas.
BEER GARDEN
An open air, roofed or unroofed area that is not part of a permanent building where beer and other alcoholic beverages are stored, sold, served, and consumed.
BIG BOX RETAIL STORE
A single retail store (not a shopping center) having a gross floor area of at least 50,000 square feet.
BOATHOUSE
Any accessory building designed for the purpose of storing boats and other water-related recreational materials adjacent to Lake Michigan.
BREWPUB
Small-batch alcohol producers: including microbreweries, micro distilleries, and micro wineries that produce less than 10,000 beer barrels or 1,173,478 liters, 310,000 gallons of cumulative product per year as an accessory use to an eating establishment as defined in this chapter.
BUILDING
Any roofed structure that provides or is designed to provide housing, shelter, enclosure, protection or support for persons, animals or property. Whenever any portion of a building is completely separated from every other portion of the building by a fire division wall without pedestrian openings, it shall be deemed to be a separate attached building.
BUSINESS OR PROFESSIONAL OFFICES
Law offices, accounting, architectural and engineering firms, insurance companies, real estate offices, travel agencies, ticket sale offices, dispatch offices without on-site vehicles, skilled trade office without outside storage or vehicles or materials, research and development office, and other executive, corporate, management or administrative offices for businesses and corporations. Excluding a medical and health practitioner office or veterinarian office.
BUSINESS OR TRADE SCHOOL
A post-secondary school focused on providing hands-on training and education in specific trades. These schools offer specialized programs that prepare students for careers in certain industries, such as but not limited to schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses.
CAMPGROUND (COMMERCIAL)
Any area or tract of land used to accommodate two or more camping units for temporary overnight sleeping accommodation offered for a charge.
CAMPING UNIT
Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pickup truck, or tent that is fully licensed, if required, and ready for highway use.
CAREER ACADEMIES
A cooperative effort between educators and the business community wherein they are committed to helping to educate high school students by providing them with an innovative place to develop marketable skills, work-based learning experiences, and focused pathways to productive employment. Said academies are focused on a career theme, such as, but not limited to, health care, finance, electronics, or technology, which would be determined by local employment opportunities and the evidence of a growing demand for such experiences. Those persons attending academies shall be limited to high school students in grades nine through 12 who shall be taught the primary educational classes at a home-based local high school, area employers or businesses, and/or area colleges to provide customized training for employers in area businesses and industrial development. The academy should concentrate on the occupational-related classes that focus on the particular career area. Local employers from that occupational field should help plan and guide the program in cooperation with local teachers and administrators and should act as mentors and job supervisors for the students.
CARPORT
A structure having a roof, with or without supporting walls, posts or columns, used, designed or intended to be used for the protection or shelter of passenger vehicles or automobiles.
CARWASH
An automatic facility for washing passenger vehicles and automobiles that may also include vacuum, air filling and EV charging stations for passenger vehicles and automobiles.
CATERER
A business that provides food and drink for off-premises events. A caterer may also supply tables, chairs and other movable decorations for the off-premises event where all items are stored inside a building.
CELL TOWER
See "commercial communication structure."
CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF COMPLIANCE
A post-construction certificate provided by the Village stating that there are no violations of the applicable zoning requirements.
CERTIFICATE OF OCCUPANCY
A document provided by the Village which states that there are no violations of the applicable codes which could reasonably be expected to affect the health and safety of the occupant. It is unlawful to occupy these premises without a certificate of occupancy or in violation of the zoning district. If use of the structure is to be changed, a new certificate must be obtained.
CHANGE IN OCCUPANCY
The commencement of occupancy or use of a principal building or a principal structure, or of a unit thereof (e.g., an individual store space in a shopping center), by a new, different or additional occupant or user, including, without limitation, either a new business, company, firm or organization or a new owner or operator of an existing business, company, firm or organization.
CHANGE IN USE
The commencement of a new, different or additional principal use on a lot or site, or in or on a building or structure located thereon, including, without limitation, the recommencement of any principal use which has not been conducted there for 12 consecutive months or more, or the commencement of any principal use on a lot or site or in or on a building or structure located thereon which has been vacant or not used for an allowed principal use for 12 or more consecutive months. [Note: an existing use can be transferred to and continued by a new owner or operator, with or without a name change, without a change in use, so long as the nature of the use does not change (e.g., a restaurant owned and operated by ABC, which serves only seated customers, is transferred to and continued by XYZ with an appropriate name change: there is no change in use, so long as there is no cessation of the restaurant use for 12 or more consecutive months, but if XYZ begins to serve customers from a drive-through facility at the restaurant, there is a change in use).]
CHURCH
See "religious institution."
CLINIC
See "medical clinic," "veterinary office" and "medical and health practitioner office."
CLOSED-CUP FLASH POINT
The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed-cup tester shall be authoritative for liquids having a flash point below 175° F. The Pensky-Martens tester shall be authoritative for liquids having flash points between 175° F. and 350° F.
CLUB or LODGE
An establishment owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, to which membership is required for participation.
COMMERCIAL COMMUNICATION STRUCTURE
See definitions in § 420-89.
COMMERCIAL GREENHOUSE
A climate-controlled structure enclosed by glass or other polycarbonate material, excluding plastic sheeting, that can be used year-round or seasonally for the cultivation or protection of plants for on-site retail sales and distribution.
COMMERCIAL USE
A use involving commerce, without regard to the type of zoning district in which the use is located.
COMMERCIAL VEHICLE
A. 
Any vehicle, generally defined as one of the following vehicle classifications: Class 4, 6 through 13 or Class 3 and 5 in this chapter, wherein said vehicle is intended to be used on a highway in interstate commerce to transport property or passengers when the vehicle:
(1) 
Has a gross vehicle weight rating (GVWR) of 10,001 pounds or more.
(2) 
Is a single or combination of vehicles with a GVWR of 26,001 pounds or more.
(3) 
Is designed or used to transport more than eight passengers (including the driver) for compensation; or more than 15 passengers if not receiving compensation for the transportation.
(4) 
Any size vehicle that transports hazardous materials that require federal placarding.
(5) 
Requires a commercial driver license (CDL) to operate.
B. 
Commercial vehicles include but are not limited to any vehicles with a service bucket or other lift, tow trucks, ambulance, garbage trucks, UPS/Amazon delivery vehicles, mobile food truck, semi-trucks with or without an attached trailer, or any specified construction vehicle as defined in this chapter.
COMMUNITY CENTER
A building used for recreational, cultural and/or other community activities.
COMMUNITY LIVING ARRANGEMENT
A living facility such as an adult family home (AFH), a community-based residential facility (CBRF), a residential care apartment complex (RCAC), a group home, an assisted living facility, or a senior housing facility. A community living arrangement is not a nursing home or a hospital.
COMMUNITY-BASED RESIDENTIAL FACILITY (CBRF)
Any facility falling within the definition of § 46.03(22), Wis. Stats.
COMPREHENSIVE PLAN
The Village of Pleasant Prairie Comprehensive Plan as adopted pursuant to Chapter 390 of the Village Code of Ordinances.
CONCEPTUAL PLAN
A plan for a proposed development of real property which explains, describes and depicts the concept of a development proposal, including but not limited to proposed use(s), density, lot layout (including outlots), street layout, public improvements, dedications, building locations, floor plans and artist renderings of buildings, locations of environmental features, stormwater management, and landscaping. Conceptual plan approval typically informs the petitioner that the concept of the proposed development is generally acceptable under then-current standards and that the next step of the development review and approval process may proceed. Conceptual plan approval does not grant or result in any vested right to proceed with the proposed development.
CONDITIONAL USE
A use that has been legislatively approved in this chapter for a particular zoning district, subject to required administrative approvals and conditions based on substantial evidence by the Village Plan Commission of the particular proposed use at a particular proposed location, for a prescribed period of time (in the form of a conditional use permit), but does not include a variance. "Substantial evidence" shall mean facts and information, other than merely personal preference or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. Furthermore, the conditional use permit process is designed to be a flexible device designed to cope with situations where a particular use, although not permitted as a matter of right, is not inherently inconsistent with the use classification of a particular district but could create special problems and hazards if allowed to develop and locate as a matter of right in a particular district and therefore is in need of special consideration. A conditional use may require other Village permits, licenses or approvals in addition to the conditional use permit.
CONDOMINIUM
A single living unit wherein an owner shares a portion of the common property and amenities on the larger lot. Dwelling units may be located in a multi-unit building that are side by side or stacked or the units may be detached from one another.
CONSUMER MAINTENANCE AND REPAIR SERVICE
An establishment that provides maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business) including laundry and dry cleaning, tailors, dressmakers, shoe repair, picture framing, locksmiths, upholstery, vacuum repair, electronics repair and similar establishments.
CONTRACTOR YARD
A lot or portion of a lot used to store and maintain construction equipment and other materials customarily required in the building trades by a construction contractor outside of building. This definition includes architects, engineers, surveyors, real estate sign placement services, showrooms and shops for the display and sale of electrical, plumbing, heating, air conditioning, sheet metal and other materials in connection with contracting services. Also see "storage yard" and "wrecking, junk, demolition and scrap yards."
CONVENIENT CASH BUSINESS
Also referred to as a payday loan business, title for cash business, check cashing business, deferred presentment service provider or similar enterprise licensed pursuant to § 218.05, Wis. Stats., or a person licensed pursuant to § 138.09, Wis. Stats., who accepts a check or title, holds the check or title for a period of time before negotiating or presenting the check or title for payment, and pays to the issuer an agreed-upon cash, or who refinances or consolidates such a transaction, or a secondhand article dealer or secondhand jewelry dealer pursuant to Chapter 282 of the Village Municipal Code, except an establishment which meets all of the following requirements is exempted from the definition of "convenient cash business," even if the establishment purchases, receives or exchanges any secondhand article or secondhand jewelry pursuant to Chapter 282 of the Village Municipal Code:
A. 
The primary business of the establishment is the retail sale of new merchandise;
B. 
Forty percent or less of the establishment's inventory that is displayed and offered for sale in the store, determined by number of items, is secondhand articles and secondhand jewelry as defined in Chapter 282;
C. 
Forty percent or less of the establishment's inventory that is displayed and offered for sale in the store, determined by the aggregate retail value of such items, is secondhand articles and secondhand jewelry as defined in Chapter 282;
D. 
Forty percent or less of the establishment's floor space devoted to retail sales and display space is devoted to the display for sale of secondhand articles and secondhand jewelry as defined in Chapter 282; and
E. 
Forty percent or less of the establishment's gross receipts each calendar month is attributable to the sale of secondhand articles and secondhand jewelry as defined in Chapter 282.
CORD
A pile of wood or other course material, eight feet long, four feet high and four feet broad.
CORNER LOT
A lot located at the corner formed by the intersection of two streets.
DAVIT
A crane that projects over the side of an embankment for raising or lowering boats or other watercraft into and out of the water.
DAY SPA
An establishment that provides a variety of services for the purpose of improving health, beauty, and relaxation through personal care treatments such as massages and facials.
DAY-CARE CENTER
An establishment which provides shelter, care, activity and supervision (with or without academic instruction) for children who are not the children, foster children or legal wards of the attendant adult(s), or for adults who are not the parents or legal wards of the attendant adult(s).
DECIBEL
A unit of measurement of the intensity (loudness) of sound. Sound-level meters which are employed to measure the intensity of sound are calibrated in decibels.
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 or other structures, or dredging, filling, grading, paving, excavating, drilling, or the disposition of materials, or installing streets, sewers, water mains, stormwater management improvements or other similar improvements.
DINNER THEATER
An eating establishment in which a play or other dramatic performance is presented during or after the meal, inside a building.
DISTRICT
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform.
DISTRICT, BASIC
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as the residential, commercial, and industrial district classifications).
DISTRICT, OVERLAY
Overlay districts allow for superimposing certain additional requirements or uses upon a basic zoning district which are compatible with the basic district. If there are conflicting requirements, those which are stricter shall apply.
DITCHING
A. 
The process of excavation for purposes of surface water drainage and removal.
B. 
A shallow channel, not navigable, used for the conductance of waters.
DORMITORY
A building that primarily provides sleeping and residential quarters for large numbers of college or university students as an accessory use to a post secondary school.
DRAINAGEWAY
Any natural or artificial watercourse, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, waterways, gullies, ravines or washes, in which waters flow in a definite direction or course, either continuously or intermittently, and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.
DREDGING
The process by which bottom materials are removed from bodies of water for the purposes of deepening the body of water.
DRINKING ESTABLISHMENT
An establishment used primarily for the serving of alcoholic beverages by the drink to the public and where food or packaged alcoholic beverages may be served or sold only as an accessory use. A drinking establishment includes bars, taverns or tasting rooms. A drinking establishment excludes a beer garden, brewpub and a microbrewery/craft brewery as defined in this chapter.
DRIVE-IN RESTAURANT
An eating establishment that does not sell or serve alcoholic beverages, designed and operated so that customers can order a meal from their automobile, which meal is served to the customers and eaten by the customers in their automobile while on site.
DRIVE-THROUGH FACILITY
An accessory use to a permitted principal use that offers associated service directly to occupants of passenger vehicles or automobiles. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees are not classified as a drive-through facility.
DWELLING
See "dwelling unit."
DWELLING UNIT
A building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple-family dwellings, or a short-term rental pursuant to § 66.1014, Wis. Stats., but not including hotels and boarding and lodging houses. Each dwelling unit shall have lockable entrances and exits that allow for uninhibited movement throughout the entire dwelling unit, one complete kitchen facility, and, at a minimum, a bathroom and a living/sleeping area.
DWELLING, DUPLEX
Two attached side-by-side or stacked dwelling units separated from one another by fire wall wherein both units are located on the same lot.
DWELLING, ROW HOUSE OR TOWNHOUSE
Three or more attached side-by-side dwelling units separated from one another by continuous vertical fire wall with sound attenuation without openings from basement floor to roof wherein each unit is located on its own lot.
DWELLING, SINGLE-FAMILY (or MODULAR HOME)
A residential building not containing more than one dwelling unit, used for one family, constructed on site or brought to the site in modular or panelized sections and constructed; however, a single-family dwelling is not by this chapter a manufactured home or a mobile home as defined in this chapter.
DWELLING, TWIN HOUSE
Two attached side-by-side dwelling units separated from one another by a continuous vertical fire wall with sound attenuation without openings from basement floor to roof wherein each unit is located on its own lot.
EASEMENT
A right given by the owner of land to another party for a specific limited use of that land.
EATING ESTABLISHMENT
An establishment that includes a casual or fine dining restaurant, banquet hall, cafe, cafeteria, coffee shop, diner, donut shop, fast food restaurant, ice cream/yogurt shop, snack bar, supper club. Alcoholic beverages may be served as an accessory use to the eating establishment. An eating establishment also allows for the sale of prepared food not consumed on the property. An eating establishment excludes a dinner theater, drive-in restaurant and a mobile food truck as defined in this chapter.
EGG PRODUCTION, COMMERCIAL
An animal confinement facility used or designed for the raising of poultry for egg production having a capacity of 200 or more animal units.
EMERGENCY SHELTER
Public building designed to protect people from aerial, radiological, biological, or chemical warfare, fire, flood, windstorm, riots, and invasions.
ENLARGEMENT or TO ENLARGE
An enlargement is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make an enlargement.
EQUIPMENT RENTAL CENTER
An establishment that provides for the rental of tools and equipment for a limited period of time, excluding rental of motor vehicles and specialized construction vehicles/equipment.
EROSION
The process by which the ground surface is worn away by action of wind or water.
ESSENTIAL SERVICES
Services provided by public and private utilities necessary for the exercise of the principal, accessory or conditional use or service of the principal, accessory or conditional structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewage, stormwater drainage, and communication systems and accessories thereto, such as poles, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, and hydrants, but not including buildings. Essential services does not include a power generating plant; utility substation or utility substation building; water storage tank, tower and reservoirs; solar farm, battery energy storage system; and residential communication structure or commercial communication structure as defined in this chapter.
EXCAVATION
The act by which soil, earth, sand, gravel, rock or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
EXTEND
Implies increase or amplification as distinguished from inception.
EXTENSION or TO EXTEND
An extension is an increase in the amount of existing floor area used for an existing use within an existing building. To extend is to make an extension.
EXTERIOR WALL SURFACE
The most exterior part of a wall, sun screen or any screening or material covering a building.
FAMILY
One person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.
FARM VEHICLE/EQUIPMENT
A self-propelled or towed vehicle/equipment that is manufactured, designed, or reconstructed to be used and that is exclusively used in the conduct of agricultural operations. A farm vehicle/equipment may include but is not limited to a farm tractor, combine, forage harvester, fertilizer or pesticide application equipment, farm wagon, grain cart, farm trailer, manure trailer, horse or other animal trailer.
FEED LOT, COMMERCIAL
A "livestock facility" as defined in § 93.90 (1m), Wis Stats.
FILL
Any act by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed, pulled or transported and shall include the condition resulting therefrom.
FINANCIAL INSTITUTION
A business authorized under state or federal laws relating to financial institutions, such as banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. A financial institution is not a convenient cash business as defined in this chapter. Automatic teller machines, kiosks and similar facilities that do not have on-site employees are not classified as a financial institutional.
FLOODPLAIN
An area regulated under the Floodplain Zoning Ordinance in Chapter 430.
FLOOR AREA
For the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of all of the floors of a building, or of a portion thereof, devoted to a use requiring off-street parking or loading, including accessory storage areas located within selling or working space, such as 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, but not including floor area devoted primarily to storage purposes except as otherwise noted herein.
FOOD PANTRY
A non-profit, charitable organization that distributes food to those who have difficulty purchasing enough to avoid hunger.
FOOTPRINT
The area of the ground surface outlined by the intersection with the ground of the outer edge of the foundation of an existing or proposed building or other structure, as seen from directly above, and typically depicted on a survey, plat, site plan or other scale map.
FOWL
See "poultry."
FREEWAY CONVENIENCE STORE
A retail store selling groceries; gifts, novelties, souvenirs and sundries; household goods; cosmetics and pharmaceuticals; and other convenience products to the freeway traveling public and which has a gross floor area of 5,000 square feet or more but less than 15,000 square feet. Excluding any adult-oriented uses or convenient cash business as defined in this chapter.
FREQUENCY
Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
FRONT FOUNDATION LINE(S)
The line(s), as seen from directly above, formed by the intersection with the ground of the outer edge of those portions of the foundation of a principal building that are situated between the primary front corners of such foundation.
FRONT HALF OF A LOT
From the perspective of the front lot line, that portion of a lot lying in front of a line that is parallel to the straight line connecting the two points of intersection between the front lot line of such lot and the side lot lines of such lot (the "connecting line") and that also passes through the midpoint of the longest possible straight line across such lot which intersects the connecting line at a right angle.
FRONT LOT LINE
Typically, that portion of the public street right-of-way line on which a lot abuts. (In the situation of a lot having two or more sides that abut public streets, the front lot line is determined by reference to the right-of-way line of the public street on which the principal building will or does front or which will or does control the address of the principal building. In the situation of a lot having a side that only partially abuts a public street on which the principal building will or does front or which will or does control the address of the principal building, the front lot line will be that portion of the public street right-of-way line on which the lot directly abuts together with the property line of the nonabutting portion of such partially abutting side of the lot.)
FRONT STREET YARD
See "street yard."
FRONTAGE
The distance of actual contiguity between a lot and a single street, measured along the lateral street right-of-way line, including, without limitation, the lateral street right-of-way line of a cul-de-sac. (Note: The portion of a lot that abuts a transverse street right-of-way line, e.g., the right-of-way line associated with the stub end of a street or with a street turnaround that is not a cul-de-sac, is not counted as frontage.)
FUNERAL HOME
A business that provides services related to the death of a human, including funeral homes, mortuaries with or without a crematorium.
FUR FARM
Any property comprising land or buildings, or both, used for the purpose of raising or harboring fur-bearing animals, including those defined in § 29.001(30), Wis. Stats., and also including chinchillas and other fur-bearing animals, if any, whether the animals are kept for breeding or slaughtering or pelting purposes.
GARAGE
A building for the storing of passenger vehicles or automobiles and other household items.
GARAGE, ATTACHED
A private garage which has a roof or wall, or a major portion of a roof or wall, in common with a dwelling. Where the garage is attached to a dwelling in this manner, it shall be subject to all setback requirements of the main building.
GASOLINE STATION
A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aids and minor passenger vehicle or automobile accessories and not including passenger or automobile vehicle repair and service. A gasoline station may also include the selling of groceries, household or convenience products; eating establishments; a carwash, vacuum, air filling and EV charging stations for passenger vehicles and automobiles. A gasoline station is not a truck stop and/or truck service facility or a truck fueling station as defined in this chapter.
GAZEBO
A freestanding detached accessory framed structure with or without a solid roof with open or screen walls used to provide shelter or for outdoor seating.
GOLF COURSE
A comparatively large, unobstructed acreage involving enough room over which to walk or ride, point to point, over a generally prescribed course and to strive to send a ball long distances with variable accuracy, all without unreasonably endangering other players or intruding upon them.
GRADE
The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. In cases where the property line is more than five feet from the building, the grade shall be determined between the building and a line five feet from the building.
GRADING
Any man-made change of the land surface, including removing vegetative cover, excavating, filling and grading, but not including agricultural land uses, such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications, including stripping, excavating, filling, stockpiling, or any combination thereof, including the land in its excavated or filled condition.
GROCERY STORE
A retail store selling perishable and nonperishable food, candy and non alcoholic beverages; and household or convenience products. Also includes the sale of prepared food not consumed on the property.
GROSS DENSITY, RESIDENTIAL
The total number of residential units or lots divided by the area of the lands within a residential development, excluding public streets and all lands used for business, manufacturing, institutional and park and recreational uses.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two attached buildings. Without limitation, the gross floor area of a building shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except when located on a roof), penthouses, attic space having a headroom of seven feet 10 inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.
HABITABLE ROOM
A room in a dwelling unit designed to be used for living, sleeping, or dining, excluding bathrooms, laundries, toilet rooms, closets, pantries, halls, storage spaces, kitchens and similar spaces.
HEIGHT OF BUILDING
The vertical distance from the mean elevation of the finished lot grade along the front of a building to the highest point of the roof.
HELIPAD
An area used or to be used for landing or takeoff of helicopters.
HIGHWAY
The area within the right-of-way lines of a public highway, as distinguished from the paved roadway of a highway.
HOME IMPROVEMENT STORE
A retail store selling household goods, building materials, lawn care equipment; electronic equipment; paints, stains, wallpaper and flooring; and outdoor furniture and accessories, flowers and plants.
HOME OCCUPATION (HOME-BASED BUSINESS)
For the purpose of this chapter, any reference to a home occupation shall mean a home-based business under Article VII in this chapter.
HOSPICE
A facility for inpatient and overnight care of patients with terminal diseases who are estimated to live six months or less.
HOSPITAL
A facility providing health services, primarily for inpatient medical, surgical, psychiatric or behavioral care, including as an integral part of the facility related activities such as but not limited to laboratories, outpatient departments, training facilities, central service facilities, and medical and health practitioner offices.
HOTEL
A building in which overnight lodging facilities and services are provided to the public for compensation where ingress or egress to the individual guest rooms is through a central lobby and internal corridors that are heated and air conditioned and not directly through individual external doors. A hotel may include eating and drinking establishments and/or banquet and convention facilities. For purposes of this chapter, "hotel" and "motel" are mutually exclusive.
HOURS OPEN TO THE PUBLIC
The hours during which the public is invited onto or permitted to remain on the premises of a business, manufacturing, institutional or other nonresidential use.
HOUSEHOLD GOODS
Goods and products used within households that are tangible and movable personal property placed in the rooms of a house and include but not limited to appliances, tools, housewares, consumer electronics and home furnishings.
HOUSEHOLD PETS
See "pets, household."
ILLEGAL USE
A use that is not an allowed use.
INDOOR COMMERCIAL RECREATIONAL AND ENTERTAINMENT FACILITY
An establishment that provides indoor activities such as but not limited to batting cages, bowling alley, indoor archery range, skating rinks, miniature golf, ax throwing, escape rooms, painting and pottery, health and athletic clubs, tennis, racquetball, handball courts, swimming pools, trampoline parks, arcades or community centers. Excluding an indoor shooting range as defined in this chapter.
INDOOR SHOOTING RANGE
An establishment that allows for the discharge of firearms within an indoor range that may consist of firing lines/lanes, targets and a bullet trap/"backstop" to prevent stray shots and over penetrations.
INPATIENT OR OVERNIGHT CARE
A facility wherein a person is admitted and spends at least one night, sometimes more, depending on their condition. As an inpatient, a person is under the care of doctors, nurses, and other types of health care professionals within a hospital or psychiatric and substance abuse hospital or hospice facility.
INSTRUCTIONS STUDIO
An establishment that provides individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities including: dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power machinery.
INTERSECTING STREET
Any street or public way or court, 30 feet or more in width, which joins another at an angle, whether or not it crosses the other.
JUNK
Includes, without limitation due to enumeration, scrap metal, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used automobiles, used tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
JUNKYARD
A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, wrecked or dismantled, or handled, including automobile wrecking yards, house wrecking, and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, used cars in operable condition, or used or salvaged materials as part of manufacturing operations.
KENNEL
Any lots or premises on which a total of five or more household pets at least five months of age are kept, boarded or trained. A kennel excludes the breeding and sale of household pets.
KITCHEN
Any room or area used, intended to be used or designed to be used either wholly or partly for cooking and/or the preparation of food.
LANDFILL
See "sanitary landfill."
LANDSCAPED AREA
An area that is permanently devoted and maintained to the growing of trees, shrubbery, grass and other plant material.
LANDSCAPING
The improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include flower beds, and ornamental objects such as fountains, statuary, and other similar natural objects designed and arranged to produce an aesthetically pleasing effect.
LEAST RESTRICTIVE DISTRICT
A. 
Agricultural districts are less restrictive than residential districts.
B. 
Residential districts are less restrictive than business districts.
C. 
Business districts are less restrictive than manufacturing districts.
D. 
Manufacturing districts are less restrictive than institutional districts.
E. 
Conservancy districts shall not be considered less restrictive districts. If any portion of the property is located within the C-1 or C-3 Conservancy District, the property area within the C-1 or C-3 District shall conform to the regulations of that C-1 or C-3 District.
LIBRARY
A place in which books, manuscripts, musical scores or other literary and artistic materials are kept for use and only incidentally for sale.
LIVESTOCK
Animals, such as but not limited to cows, llamas, alpaca, buffalo/bison, horses, camels, deer, donkey/mules, reindeer, sheep, goats, water buffalo, yak, fowl or poultry, rabbits and pigs, which are raised for sale, resale, agricultural field production, human consumption or pleasure.
LOADING AREAS
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 public street or alley.
LOT
Any legally created and described parcel of land. (Note, however, that when "lot" is used in combination with other words in a defined term, e.g., "lot of record," it may be used to describe an existing parcel of land without respect to whether the parcel was legally created. (See separate definitions for "lot of record," "corner lot," "through lot," "nonconforming lot," "front lot line," "rear lot line," "side lot line," "front half of a lot" "rear half of a lot.")
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines or as measured as the distance between the midpoint of the front lot line and rear lot line.
LOT LINES
The property lines bounding a lot.
LOT OF RECORD
A parcel of land created and described by an instrument recorded in the office of the Kenosha County Register of Deeds. (Note that a lot of record may or may not be a legally created and described parcel of land.)
LOT, INTERIOR
A lot other than a corner lot.
MAIL AND COPY SERVICE
An establishment providing photocopying, duplicating, blueprinting, and other document copying services; mailing services, excluding a mail distribution center; and photographic developing and printing services.
MANUFACTURED HOME
A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. § 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis and fitted with wheels, is intended to be hauled to a site and is registered and titled with the Wisconsin Department of Transportation.
MANUFACTURED/MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MANUFACTURED/MOBILE HOME PARK
A parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes.
MANUFACTURED/MOBILE HOME STAND
That part of an individual mobile home space which has been planned and improved for the placement of the mobile home and additions or attachments thereto.
MANUFACTURING
The processing and converting of raw, unfinished, or finished materials or products, or any of these, into an article or substance of different character, or for use for a different purpose; also industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MARINA
A place for docking or storage of pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, or provision of lodging, food, beverages, and entertainment as accessory uses. A yacht club shall be considered a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto are incidental to other activities, shall not be considered a marina, nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered.
MED SPA
An establishment that bridges traditional spa treatments with advanced medical technology. Med spas offer a variety of aesthetic and wellness treatments such as facials, botox, laser resurfacing, and body contouring.
MEDICAL AND HEALTH PRACTITIONER OFFICE
Offices for physicians, dentists, psychiatrists, psychologists, chiropractors and practitioners of massage therapy office uses with no surgical, inpatient or overnight care.
MEDICAL CLINIC
A facility, that is not a hospital, used primarily for the provision of outpatient nursing, medical, podiatric, surgical, dental, chiropractic, optometric or mental health care and treatment including surgical and rehabilitation uses with no inpatient or overnight care. The facility may also include a laboratory which provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures. A medical clinic also includes blood banks and dialysis centers.
MICROBREWERY/CRAFT BREWERY
Small-batch alcohol producers including microbreweries, micro distilleries, and micro wineries that produce less than 10,000 beer barrels or 1,173,478 liters, 310,000 gallons of cumulative product per year and contain at least 500 square feet of customer-facing service area.
MINI STORAGE FACILITY
A facility that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate only exterior access to storage lockers or interior drive-up access only from passenger vehicles and two-axle, non-commercial vehicles. For purposes of this chapter, "mini storage facility" and "self-storage facility" are mutually exclusive.
MOBILE FOOD TRUCK
A mobile unit where ready-to- eat food may be cooked, wrapped, packaged, processed, served or sold from a vehicle, car, truck, trailer, cart, or similar portable device which may be capable of periodically changing locations. A mobile food truck as defined in this chapter does not include the home delivery of food and beverage items.
MOBILE HOME
A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
MODULAR HOME
A factory-fabricated transportable building designed to be used by itself or to be incorporated with units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. This is not a manufactured home or a mobile home as defined in this chapter.
MOTEL
A building or buildings in which overnight lodging facilities and services are provided to the general public for compensation and in which ingress or egress to all or some of the individual guest rooms is made directly through individual exterior doors rather than through a central lobby and internal corridors that are heated and air conditioned. For purposes of this chapter, "motel" and "hotel" are mutually exclusive.
MOTION-PICTURE MATERIALS
Videotapes, films, discs, slide shows, or other recordings of visual images from which motion pictures or a series of still pictures can be projected or reproduced and viewed, with or without audio accompaniment.
MOTOR VEHICLE or VEHICLE
A self-propelled or towed vehicle where a person or property is transported on a road or highway. Includes all classifications of vehicles as defined in this chapter, passenger vehicles or automobiles, commercial vehicles, farm vehicles/equipment and specialized construction vehicles/equipment.
MOVIE THEATER
A facility for viewing films for public entertainment; excluding any adult-oriented use as defined in this chapter.
MULTIPLE-FAMILY BUILDING
Three or more attached dwelling units.
NAVIGABLE WATER or WATERWAY
See § 281.31(2)(d), Wis. Stats.
NEIGHBORHOOD PLAN
A component plan of the Village's Comprehensive Plan focusing on a particular neighborhood specified in the Comprehensive Plan (or on a portion of such a neighborhood) which provides guidelines for the development and use of the real property within such neighborhood, taking into account the compatibility of land uses, how future land divisions could occur, and how street access to the land divisions could be provided and examining the practicability of providing certain lot layouts, street layouts, parkways, open space areas, park areas, preservation areas, public community facilities, infrastructure improvements and municipal services to service the particular neighborhood or portion thereof.
NET DENSITY, RESIDENTIAL
The total number of units or lots divided by the lands within the neighborhood, excluding floodplains, wetlands, lands with primary environmental corridors, lands with slope greater than 20%, public roadway rights-of-way and all lands proposed for business, manufacturing, institutional and public park and recreational uses.
NONCONFORMING LOT
See definition in § 420-140B.
NONCONFORMING STRUCTURE
See definition in § 420-140B.
NONCONFORMING USE
See definition in § 420-140B.
NURSERY
Any land area, located outside of a building, used to raise trees, shrubs, flowers, and other plants for on-site sale or for transplanting.
NURSING HOME
A fully supervised living facility wherein skilled professionals provide continuous care or treatment of any person. A nursing home is not a hospital and is not a community living arrangement.
OCTAVE BAND
A prescribed interval of sound frequencies which permits classifying sound according to its pitch.
ODOR THRESHOLD
The lowest concentration of odorous matter in the air that will produce a response in the normal human nose.
ODOROUS MATTER
Any matter or material that yields an odor which is offensive in any way or any matter or material that produces a response in the normal human nose.
ON-SITE SEWAGE DISPOSAL ABSORPTION SYSTEM
Includes a state-approved septic or mound system for collection of sanitary waste and eventual absorption of such waste into the surrounding soils.
OPEN SPACE
The parts of a lot or approved site that are not covered by buildings or structures or by paved, graveled or artificial surfaces. Water surfaces of improvements such as ponds, detention basins and retention basins will be deemed to be open space.
OPPOSITE
Directly across the street or highway from the subject lot or site, but only to the extent of frontage on such street or highway and real property contiguous to such frontage which is situated between the side lot lines of the subject lot or site extended across such street or highway.
ORCHARD
Any land area, located outside of a building, for the planting of fruit or nut producing trees or shrubs for on-site retail sales.
ORDINARY HIGH-WATER MARK
As defined by § NR 115.03(6), Wis. Adm. Code.
OUTLOT
A parcel of land, other than a buildable lot or a block, which is designated as such on a plat or certified survey map.
PARTICULATE MATTER
Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.
PARTIES IN INTEREST
In the context of a public hearing on an application for a permit or approval under or contemplated by this chapter, the applicant(s), the owner(s) of the subject lot or site, the owner(s) of any real property that abuts the subject lot or site, the owner(s) of any real property that is opposite the subject lot or site, and the owner(s) of any other real property located within 300 feet of the subject lot or site.
PASSENGER VEHICLE OR AUTOMOBILE
A vehicle defined as one the following vehicle classifications: Class 1, 2, 3 and 5 as defined in this chapter, provided that the vehicle is not considered a commercial vehicle, a specialized construction vehicle or equipment, a recreational vehicle or farm vehicles/equipment as defined in this chapter.
PASSENGER VEHICLE OR AUTOMOBILE RENTAL
Rental of passenger vehicles or automobiles, excluding passenger vehicle or automobile repair and services.
PASSENGER VEHICLE OR AUTOMOBILE REPAIR AND SERVICE
Repair and service of passenger vehicles and automobiles including but not limited to minor engine repairs such as replacement of cooling, electrical, fuel and exhaust systems, brake adjustments and repair, wheel alignment and balancing, and repair and replacement of shock absorbers, engine rebuilding, bodywork and painting.
PATIO
A terrace extending not more than six inches above the average level of the ground at its margins, provided that no fixed walls or roof shall be erected on or over any patio or similar structure that is located in a required yard.
PERFORMANCE STANDARD
A criterion established for the purposes of assigning proposed industrial uses to proper districts and making judgments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land or buildings.
PERFORMANCE THEATER
A facility for live performances that involve entertaining an audience with singing, dancing or acting; excluding any adult-oriented uses as defined in this chapter.
PERGOLA
See "gazebo."
PERMANENT ENCLOSED FOUNDATION
A foundation as constructed per the Wisconsin Uniform Dwelling Code to include a full basement or crawl space; if the soil-bearing capacity does not allow for such a basement, a temporary foundation may be allowed by the Village Zoning Administrator.
PERMANENT ENCLOSED FOUNDATION WITH A FULL BASEMENT
A foundation with a minimum eight-foot basement constructed per the Wisconsin Uniform Dwelling Code.
PERMITTED USE
A principal use that has been legislatively approved in this chapter for a particular zoning district, without a conditional use permit, but which may require other Village permits, licenses or approvals.
PERSON
An individual or group of individuals, corporation, partnership, association, municipality, state agency or any other legal entity.
PETS, HOUSEHOLD
Animals commonly found in residences as pets, such as dogs, cats, songbirds, rabbits, and other small animals, excluding fish, providing that they are not raised or reared for commercial resale or as a source of staple supplement. Household pets shall not include livestock, except for rabbits. In addition, household pets shall not include fowl or poultry, goats, pot belly pigs, exotic snakes, large reptiles and exotic animals not commonly found in residences as determined by the Village Zoning Administrator.
PHYSICALLY SEPARATE DEFINED AREA
That area of a principal building or of a unit of a principal building occupied by one or more specified uses, which area is defined in an approved site and operational plan, conditional use permit or special Village license and is physically separated from other portions of the building or other portions of a particular unit of the building by walls, doorways, floor stripes, signs and/or other approved means which individually or collectively make it readily apparent that one is entering or leaving the defined area.
PORCH
A covered entrance to a building, excluding the steps, supported by columns or wall sections with or without screens; however not enclosed with glass or other glazing material.
POST-SECONDARY SCHOOL
A facility where persons regularly assemble for the purpose of educational classes and instruction, together with the athletic fields, stadiums and other structures or grounds used in conjunction therewith; provided, however, that the definition of "school" is limited to public or private schools used for post-secondary education after completing a secondary education and may include colleges, universities or other post-secondary education classes. See additional definition for "business or trade school."
POULTRY
Any fowl, including but not limited to roosters, chickens, pigeons, ducks, geese, turkeys, quail and pheasants, that are kept or raised for sale, resale, agricultural field production, human consumption or pleasure.
POWER GENERATING PLANT
An industrial facility that generates electricity from various energy sources, excluding nuclear-fired facilities; and converts energy into electrical energy to supply power to the electrical grid for society's electrical needs. Excludes battery energy storage system, wind energy conversion system and solar farms.
PRIMARY FRONT CORNERS
The two forwardmost outward-facing corners of the foundation of a principal building, relative to the right-of-way line of the public street on which the building fronts or which controls the address of such building, ignoring corners of the foundation that support minor building protrusions, such as steps, stoops, vestibules, chimneys, etc. (Note: If the foundation of such a minor building protrusion is located at what would otherwise be an actual outward-facing front corner of the building foundation, the primary front corner of the building foundation will be the hypothetical corner that would result if the minor protrusion were removed, rather than the actual corner.)
PRIMARY REAR CORNERS
The two rearmost outward-facing corners of the foundation of a principal building, relative to the right-of-way line of the public street on which the building fronts or which controls the address of such building, ignoring corners of the foundation that support minor building protrusions, such as steps, stoops, vestibules, chimneys, etc. (Note: If the foundation of such a minor building protrusion is located at what would otherwise be an actual outward-facing rear corner of the building foundation, the primary rear corner of the building foundation will be the hypothetical corner that would result if the minor protrusion were removed, rather than the actual corner.)
PRIMARY SCHOOL
See "school."
PRINCIPAL BUILDING
A building occupied by or used for one or more principal uses [and, if applicable, occupied by or used for one or more accessory uses related to such principal use(s)].
PRINCIPAL STRUCTURE
A structure occupied by, used for or constituting one or more principal uses [and, if applicable, occupied by or used for one or more accessory uses related to such principal use(s)].
PRINCIPAL USE
A primary use of real property, including any use that is not an accessory use to a principal use conducted on the same lot or approved site.
PRINTED OR GRAPHIC MATERIALS
Books, magazines, newspapers, periodicals, calendars, posters, cards, photographs, pictures, drawings or other similar printed or graphic materials.
PROHIBITED USE
A use that cannot currently be lawfully commenced in a particular zoning district or at a particular location.
PROPOSED (use, development, structure, alteration, modification, etc.)
Any use, development, structure, alteration, modification, etc., for which a permit or approval is required by this chapter, which has not yet been issued or granted, regardless of whether or not the permit or approval has been requested, and regardless of whether or not the use, development, structure, alteration, modification, etc., has been commenced, constructed, installed or completed.
QUARRY
A place, cavern, or pit where stone is taken from the rock or ledge, or dug from the earth, for building or other purposes; a stone pit.
RAILROAD RIGHT-OF-WAY
A strip of land with tracks and auxiliary facilities for railway track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
REAR FOUNDATION LINE(S)
The line(s), as seen from directly above, formed by the intersection with the ground of the outer edge of those portions of the foundation of a principal building that are situated between the primary rear corners of such foundation.
REAR HALF OF A LOT
From the perspective of the front lot line, that portion of a lot lying behind a line that is parallel to the straight line connecting the two points of intersection between the front lot line of such lot and the side lot lines of such lot (the "connecting line") and that also passes through the midpoint of the longest possible straight line across such lot which intersects the connecting line at a right angle.
REAR LOT LINE
The property line of one or more sides of a lot that do not intersect the front lot line. (Note: In the case of a triangular lot having a side that abuts a public street, the rear lot line consists of a point; in the case of a lot having five or more sides, the property line of any side situated entirely in the rear half of the lot will be deemed to be part of the rear lot line; in the case of a through lot, the right-of-way line of the public street on which the rear portion of the lot abuts.)
REAR SETBACK or REAR YARD SETBACK
A required setback from the rear lot line, except in the situation of a through lot. (Note: In the situation of a through lot, there is a required street setback from the street right-of-way line on which the rear portion of the lot abuts.)
REAR STREET YARD
The portion of a through lot bounded by the rear lot line (the street right-of-way line on which the rear portion of the lot abuts), the rear foundation line(s) of the principal building on such lot, the extension of each such rear foundation line forming a part of a primary rear corner of the foundation of such building (respectively) to the nearest side lot line, and that portion of each side lot line (respectively) lying between its point of intersection with the rear lot line and its point of intersection with a rear foundation line of the building so extended to such side lot line; provided, however, that in the situation of a through lot that is also a corner lot, the rear street yard does not include the area included within the side street yard. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[1]
REAR YARD
The portion of a lot bounded by the rear lot line, the rear foundation line(s) of the principal building on such lot, the extension of each such rear foundation line forming a part of a primary rear corner of the foundation of such building (respectively) to the nearest side lot line, and that portion of each side lot line (respectively) lying between its point of intersection with the rear lot line and its point of intersection with a rear foundation line of the building so extended to such side lot line; provided, however, that in the situation of a corner lot, the rear yard does not include the area included within the side street yard. (Note: In the case of a through lot, there is no rear yard, but see the definition of "rear street yard.") See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[7], [8]
RECORDING STUDIO
A facility with an assortment of audio and video production technologies tailored to the broadcasting of media or recording and mixing of instrumental or vocal musical performances, spoken words or other sounds. The studio may also be used to produce live programs, commercials or talk shows. A recording studio does not require a tower to transmit their broadcast.
RECREATIONAL VEHICLE
See definition in § 420-49E(1) also see "camping unit."
REGIONAL RETAIL SHOPPING CENTER
A shopping center located near an interstate highway interchange and consisting of a minimum of 50,000 square feet of gross floor area.
RELIGIOUS INSTITUTION
A building in which people regularly assemble for public religious worship which is maintained and controlled by a religious body organized to sustain public worship. A religious institution includes churches, temples, mosques and other places of worship including religious institutional housing.
RELIGIOUS INSTITUTIONAL HOUSING
Residential living quarters such as but not limited to convents, seminaries, rectories, parsonages, parish houses; excluding residential quarters for clergy.
RESEARCH AND DEVELOPMENT OFFICE
Scientific or applied research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products or involve the use of hazardous materials or processes.
RESIDENTIAL CARE APARTMENT COMPLEX (RCAC)
A place where five or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. RCAC facilities do not include a nursing home or a community-based residential facility (CBRF) but may be physically part of a structure that is a nursing home or a CBRF. In this subsection, "stove" means a cooking appliance that is a microwave oven of at least 1,000 watts or that consist of burners and an oven.
RESIDENTIAL COMMUNICATION STRUCTURES
Individual transmission, receiving or relay towers, and/or antennas, including without limitation amateur "ham" radio and satellite and/or digital dishes; excluding a commercial communication structure as defined in this chapter.
RESTAURANT
See "eating establishment."
RETREAT CENTER
A facility used for professional, business, educational or religious retreats, meetings, seminars or conferences, where meals, lodging and recreation may be provided for participants in the retreat or other program, but where neither meals nor overnight accommodations are provided to the general public.
RIDING STABLE (COMMERCIAL)
A building or structure for the purpose of accommodating or training horses that may include commercial operations such as riding arenas (indoors or outdoors) and commercial boarding stables.
RIGHT-OF-WAY LINE
The boundary of a public highway or street.
RINGELMANN CHART
One which is described in the United States Bureau of Mines Information Circular 6888, or its successor, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.
RINGELMANN NUMBER
The number appearing in the Ringelmann Chart ascribed by the observer to the density of the smoke emission. Where the density or light-obstructing capacity of the smoke as observed falls between two consecutive Ringelmann Numbers, the lowest Ringelmann Number shall be considered the density of the smoke observed.
SANITARY LANDFILL
A type of land disposal operation involving the disposal of solid waste on land without creating nuisances or hazards to public health or safety by utilizing the principals of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.
SCHOOL
A facility where persons regularly assemble for the purpose of educational classes and instruction, together with the playgrounds, athletic fields, stadiums and other structures or grounds used in conjunction therewith; provided, however, that the definition of "school" is limited to public or private schools used for primary or secondary education in which classes for students in pre-kindergarten and/or all or some of grades one through 12 are regularly taught, or special education facilities in which students with physical or learning disabilities regularly receive specialized education in lieu of attending pre-kindergarten or any of grades one through 12. A primary school includes pre-kindergarten through 8th grade; and a secondary school includes 9th through 12th grades, or a career academy as defined in this chapter. A primary or secondary school is not a post-secondary school or a business or trade school as defined in this chapter.
SECONDARY SCHOOL
See "school."
SECONDHAND ARTICLE DEALER
As defined in § 282-3 of the Village Municipal Code. Some secondhand article dealers are considered a cash convenient business, as defined in this chapter.
SECONDHAND JEWELRY DEALER
As defined in § 282-3 of the Village Municipal Code. Some secondhand jewelry dealers are considered a cash convenient business, as defined in this chapter.
SEDIMENT
Soils or other surficial materials transported by winds or surface waters as a product of erosion.
SELF-STORAGE FACILITY
An establishment that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate only interior access to storage lockers or interior drive-up access only from a passenger vehicle or automobile and two-axle, noncommercial vehicles. For purposes of this chapter, "self-storage facility" and "mini storage facility" are mutually exclusive.
SEMINUDE
When any portion of human genitals, pubic region, buttocks or anus, or any portion of the human female breast below the top of the areola, is not completely and opaquely covered.
SENIOR HOUSING FACILITY
Housing for persons over 55 years of age.
SETBACK
The minimum distance that must separate a specified building or structure from a specified property line or site feature. The setback distance is measured from the foundation of a building or structure, except to the extent that encroachments into the setback by building elements, such as chimneys, porches or exterior stairs, may be allowed by this chapter. (See "setback line," "street setback," "rear setback," "side setback," "wetland setback" and "shore setback." Note that dimensional yard requirements in this chapter shall be interpreted as setback requirements, and dimensional restrictions on encroachments into yards shall be interpreted as exceptions to setback requirements.)
SETBACK LINE
The actual or hypothetical line on the surface of a lot, typically depicted on a survey, plat, site plan or other scale map, that shows a required setback distance from a particular property line or site feature.
SHIPPING CONTAINER
Trailers manufactured primarily for conveyance of goods and property; reusable transportation box intended for use in unitized freight handling; trailers and/or shipping containers manufactured with or without axles and wheels; cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, cargo containers, steel cargo containers, shipping containers, freight containers, cargo boxes, sea vans, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials.
SHORE SETBACK or SHORE YARD SETBACK
A required setback from the ordinary high-water mark of a body of navigable water.
SHORE YARD
The area of a lot between the ordinary high-water mark of a body of navigable water and the shore setback line.
SHORELANDS
As defined in § 59.692(1)(b), Wis. Stats.
SIDE FOUNDATION LINE(S)
The line(s), as seen from directly above, formed by the intersection with the ground of the outer edge of those portions of the foundation of a principal building that are situated between the primary front and rear corners on either side of such foundation.
SIDE LOT LINE
A property line of one or more sides of a lot that intersects both the front lot line and the rear lot line. (Note: In the case of a lot having five or more sides, with at least one side located entirely within the rear half of the lot, the property line of a side located both in the front and rear halves of the lot and not itself intersecting the front lot line will be deemed to be part of the side lot line; in the case of a corner lot, one side lot line will be a portion of the abutting public street right-of-way line.)
SIDE SETBACK or SIDE YARD SETBACK
A required setback from the side lot line of a lot, except that in the case of a corner lot there is no side setback from the side lot line consisting of a street right-of-way line. (Note: In the case of a corner lot, there is a required street setback from the side lot line consisting of a street right-of-way line.)
SIDE STREET YARD
The portion of a corner lot bounded by the side foundation line(s) of the principal building on such lot that is (are) closest to the right-of-way line of a street other than the one on which the principal building fronts or which controls the address of the principal building, the front foundation line of such building forming a part of the primary front corner of the foundation of such building closest to such side street right-of-way line extended to such right-of-way line, the side foundation line forming a part of the primary rear corner of such building closest to such side street right-of-way line extended to the rear lot line, the portion of such rear lot line between its point of intersection with such side foundation line extended and its point of intersection with such side street right-of-way line, and the portion of such side street right-of-way line between its point of intersection with the rear lot line and its point of intersection with the front foundation line extended to such side street right-of-way line. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[2]
SIDE YARD
The portion(s) of a lot abutting the side foundation line(s) of the principal building on such lot that is (are) not included within the street yard, the side street yard, the rear yard or the rear street yard of such lot. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[3]
SIGNS
See definitions in § 420-59.
SITE
The real property proposed to be developed or rezoned, or which is the subject of a requested site and operational plan approval, a residential development plan approval, conditional use permit, special license or other permit or approval pursuant to this chapter or other applicable Village ordinances, or which has been developed or rezoned, or with respect to which a permit or approval has been granted, including any development or improvements thereon. [Note that a site containing more than a single lot must be unified, integrated and approved. See § 420-57B(22).]
SMOKE
Small gas-borne particles other than water that form a visible plume in the air.
SMOKE SHOP
An establishment where the primary business, more than 25% of sales revenue, is derived from the sales of cigarettes, as defined in § 139.30(1m), Wis. Stats.; tobacco products, as defined in § 139.75(12), Wis. Stats., electronic vaping, as defined in § 134.65 (1a)(b) Wis. Stats.; or any other products where in a Village Cigarette and Tobacco Products Retail License is required to sell said products.
SOIL
Any earth, sand, gravel, rock or any similar material.
SOLAR ENERGY SYSTEMS
See definitions in § 420-88.2.
SOLID WASTE
Garbage, refuse and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations and from domestic use and public service activities, but does not include solids or dissolved material and wastewater effluent or other common water pollutants.
SOUND LEVEL
For an operation or use is the intensity of sound, measured in decibels, produced by such operation or use.
SOUND-LEVEL METER
An instrument standardized by the American National Standards Association for measurement of intensity of sound.
SPECIAL LICENSED USE
Any use requiring a special Village license, e.g., an adult-oriented-use license, a business license, or a liquor license. A special licensed use can only be conducted pursuant to and in accordance with a required Village license, and the granting of such a license is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter. A special licensed use may require other Village permits or approvals.
SPECIALIZED CONSTRUCTION VEHICLE/EQUIPMENT
Vehicles may be identified as any vehicle classification as defined in this chapter and includes vehicles such as but not limited to dump trucks, cement trucks, or shovels or other vehicles designed for the transportation of people or property to which machinery has been attached. Also includes a vehicle or equipment not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and carryalls, welders, power shovels and drag lines, cranes, earth-moving equipment and construction box storage trailers.
SPECIFIED ANATOMICAL AREAS
Less than completely covered human genitals, pubic region, anus, buttocks and female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual acts of human sexual intercourse, fellatio, cunnilingus, sodomy, masturbation, sadomasochistic abuse, bestiality or necrophilia; or simulated or actual physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, anus or buttocks or with a female person's breast; or a person's simulated or actual use of an inanimate object in an act of apparent sexual stimulation or gratification.
SPORT COURT
A court located on a hard surface where its primary purpose is to play basketball, tennis, shuffleboard or other such sport or activity. A residential driveway shall not be considered a sport court.
STEEP SLOPE
A slope over 12% grade, which is characterized by increased runoff, erosion and sediment hazards.
STORAGE YARD
A lot used for the outside storage or parking of recreational vehicles, commercial vehicles, specialized construction vehicles/equipment, farm equipment and other materials outside of building. See also "contractor yard" and "wrecking, junk, demolition and scrap yards."
STORY
That portion of a building included between a floor and the floor or roof next above it. A basement is not to be counted as a story unless the ceiling height exceeds four feet above the grade or unless more than 40% of the basement is for living purposes.
STREET
The area within the right-of-way lines of a public street, as distinguished from the paved roadway of a street. "Street" typically includes "highway."
STREET SETBACK or STREET YARD SETBACK
A required setback from the nearest right-of-way line of any public street on which the lot abuts. (Note: In the case of a corner lot or a through lot, there will be required setbacks from the nearest right-of-way line of two streets; in the case of a lot which is both a corner lot and a through lot, there will be required setbacks from the nearest right-of-way line of three streets.)
STREET YARD
The portion of a lot bounded by the front lot line, the front foundation line(s) of the principal building on such lot, the extension of each such front foundation line forming a part of a primary front corner of the foundation of such building (respectively) to the nearest side lot line, and that portion of each side lot line (respectively) lying between its point of intersection with the front lot line and its point of intersection with a front foundation line of the building so extended to such side lot line. See Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[4]
STRIPPING
Any activity which removes the vegetated surface cover, including tree removal, clearing, grubbing and storage or removal of topsoil.
STRUCTURAL ALTERATIONS OR REPAIRS
Any change in or modification of the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders, or any work on or improvements to a structure that would convert an existing structure into a new or substantially different structure, or that would affect the structural quality of the structure, or that would contribute to the longevity or permanence of the structure.
STRUCTURE
Anything that is constructed, built or erected, using any material or combination of materials, which is supported by or attached to the ground, or which is supported by or attached to something that is supported by or attached to the ground, which is at least relatively stationary, and which is not entirely enclosed within a building (unless it is designed to be viewed from outside the building, e.g., an outward-facing lighted sign in a window). Without limitation, "structure" includes buildings, signs, fences, walls, driveways, decks, towers, swimming pools, tree houses, drawbridges, berms, patios, exterior stairs, parking lots, etc.
SUBJECT (lot, site or property)
The lot, site or real property being referred to, typically in the context of an application for a rezoning, a conditional use permit, a site and operation plan approval, a residential development plan approval, a special Village license, a variance, or other Village permit or approval.
SUNDRIES
Small miscellaneous items of little value, usually of no large value and too numerous to mention separately, such as toiletries.
SWIMMING POOL
Any structure, including a hot tub, that is intended to hold a minimum of 36 inches of water for recreational or therapeutic purposes, that has electrical service or utilizes a pump and/or a filter, or any structure for recreational or therapeutic purposes that is intended to hold water with a water depth of 42 inches or greater. A hot tub is defined as a fabricated hydromassage unit for recreational or therapeutic use which is designed for immersion of users and at a minimum has a filter, heater and motor-driven blower that is integral to the unit.
TATTOO OR BODY PIECING STUDIO
An establishment that creates permanent or semi-permanent body markings and/or providing body piercing, branding, scarification and tattooing services.
TAVERN
See "drinking establishment".
TAXIDERMIST
A facility that prepares, stuffs, and mounts the skins of animals and especially vertebrates pursuant to § 29.506 of Wis Stats.
TEMPORARY FOUNDATION
Transit station. Any structure or transit facility that is primarily used as part of a transit system for the purpose of loading, unloading, or transferring of passengers or accommodating the movement of passengers from one mode of transportation to another, basement or crawl space.
THEATER
See "movie theater," "dinner theater" or "performance theater," "adult movie theater."
THROUGH LOT
A lot that abuts a public street at the rear end of the lot as well as at the front end of the lot.
TOXIC MATTER
Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRUCK FUELING STATION
A facility that provides fueling services to the trucking industry and vehicles identified within the following vehicle classifications, as defined in this chapter: Class 4, 6 through 13. A truck fueling station shall not provide any of the following services: servicing, repairing, or washing such vehicles; overnight or extended vehicle parking, sleeping accommodations, showers, or weigh scales for the use by trucking crews.
TRUCK STOP AND/OR TRUCK SERVICE FACILITY
A facility that provides services to the trucking industry, and vehicles identified within the following vehicle classifications, as defined in this chapter: Class 4, 6 through 13, including but not limited to any of the following activities: the fueling, servicing, repairing, or parking of semitrucks or tractor trucks with or without trailers or other similar commercial vehicles; the sale of accessories and equipment for such semitrucks, tractor trucks or other similar commercial vehicles; and/or truck washes. A truck stop may also include overnight or extended time truck parking, sleeping accommodations, showers, weight scales, or restaurant facilities for the use by truck crews. A truck stop and/or truck services facility is not a truck fueling station or gasoline station as defined in this chapter.
TWO-FAMILY STRUCTURE (DUPLEX)
See definition of "dwelling, duplex."
TWO-FAMILY STRUCTURE (TWIN HOUSE)
See definition of "dwelling, twin house."
UNIT OF A BUILDING
The specified area of a building in which a tenant or other person has a right of use and occupancy for nonresidential purposes, e.g., a store space in a shopping center building or a suite of offices in an office building.
USE
The employment and/or occupancy of particular real property for a particular purpose or purposes, or a particular use of real property that is specifically recognized by this chapter. (Note: "Use" is intended to be sufficiently elastic to refer simultaneously to the most limited possible hypothetical use, e.g., the retail sale of books, and to an actual use of which such hypothetical use is a component, e.g., a combined bookstore-coffeehouse.) (See "uses conducted together in the same principal building," "uses located together in the same principal building," "uses not conducted together," "uses not located together," "allowed use," "permitted use," "auxiliary permitted use," "conditional use," "special licensed use," "nonconforming use," "prohibited use," "principal use" and "accessory use.")
USES CONDUCTED TOGETHER IN THE SAME PRINCIPAL BUILDING
Uses conducted in the same principal building by the same owner or operator as part of the same business, company, firm or organization.
USES LOCATED TOGETHER IN THE SAME PRINCIPAL BUILDING
Two or more principal uses located in the same principal building, if there are no units of such building, or two or more principal uses located in the same unit of a principal building; provided, however, that uses located in different, physically separate defined areas approved pursuant to this chapter will be deemed not to be located together.
USES NOT CONDUCTED TOGETHER
Uses not conducted together in the same principal building, as defined herein.
USES NOT LOCATED TOGETHER
Uses not located together in the same principal building, as defined herein.
UTILITY SUBSTATION
Public or private electric power substation or gas-metering substation not enclosed in a building. A utility substation does not include a commercial communication structure, solar farm, battery energy storage system or wind energy system as defined in this chapter.
UTILITY SUBSTATION BUILDING
Public or private utilities and associated equipment located within a building. A utility substation building does not include a building associated with a commercial communication structure, solar farm, battery energy storage system or wind energy systems as defined in this chapter.
VEHICLE CLASSIFICATIONS
This chapter refers to the following Vehicle Classifications as described below and illustrated in Attachment 1, Appendix A, Illustration 9 of this chapter.[5]
A. 
CLASS 1 VEHICLES: Motorcycles. All two or three-wheeled motorized vehicles. Typical vehicles in this category have saddle type seats and are steered by handlebars rather than steering wheels. This category includes motorcycles, motor scooters, mopeds, motor-powered bicycles, and three-wheel motorcycles.
B. 
CLASS 2 VEHICLES: Passenger Cars. All sedans, coupes, and station wagons manufactured primarily for the purpose of carrying passengers and including those passenger cars pulling recreational or other light trailers.
C. 
CLASS 3 VEHICLES: Other Two-Axle, Four-Tire Single Unit Vehicles. All two-axle, four-tire, vehicles, other than passenger cars. Included in this classification are pickups, panels, vans, and other vehicles such as campers, motor homes, ambulances, hearses, carryalls, and minibuses. Other two-axle, four-tire single-unit vehicles pulling recreational or other light trailers are included in this classification.
D. 
CLASS 4 VEHICLES: Buses. All vehicles manufactured as traditional passenger-carrying buses with two axles and six tires or three or more axles. This category includes only traditional buses (including school buses) functioning as passenger-carrying vehicles. Modified buses should be considered to be a truck and should be appropriately classified.
E. 
CLASS 5 VEHICLES: Two-Axle, Six-Tire, Single-Unit Trucks. All vehicles on a single frame including trucks, recreational vehicles with two axles and dual rear wheels.
F. 
CLASS 6 VEHICLES: Three-Axle Single-Unit Trucks. All vehicles on a single frame including trucks and recreational vehicles with three axles.
G. 
CLASS 7 VEHICLES: Four or More Axle Single-Unit Trucks. All trucks on a single frame with four or more axles.
H. 
CLASS 8 VEHICLES: Four or Fewer Axle Single-Trailer Trucks. All vehicles with four or fewer axles consisting of two units, one of which is a tractor or straight truck power unit.
I. 
CLASS 9 VEHICLES: Five-Axle Single-Trailer Trucks. All five-axle vehicles consisting of two units, one of which is a tractor or straight truck power unit.
J. 
CLASS 10 VEHICLES: Six or More Axle Single-Trailer Trucks. All vehicles with six or more axles consisting of two units, one of which is a tractor or straight truck power unit.
K. 
CLASS 11: Five or Fewer Axle Multi-Trailer Trucks. All vehicles with five or fewer axles consisting of three or more units, one of which is a tractor or straight truck power unit.
L. 
CLASS 12: Six-Axle Multi-Trailer Trucks. All six-axle vehicles consisting of three or more units, one of which is a tractor or straight truck power unit.
M. 
CLASS 13: Seven or More Axle Multi-Trailer Trucks. All vehicles with seven or more axles consisting of three or more units, one of which is a tractor or straight truck power unit.
VETERINARIAN OFFICE
An office that provides examinations, diagnosis and treatment, including surgical care, for animals. The facility may also provide boarding for animals as part of the medical services offered. A veterinarian office excludes facilities for the cremation of animals.
WAREHOUSE
A structure or part of a structure for storing goods, wares, and merchandise. This is not a "self-storage facility" or "mini storage facility" as defined in this chapter.
WETLAND SETBACK
A required setback from a staked wetland area.
WRECKING, JUNK, DEMOLITION AND SCRAP YARD
See "junkyard."
YARD
The portion of a lot generally located between the principal building and a specified property line or feature of the lot. (See "front street yard," "street yard," "side street yard," "side yard," "rear yard," "rear street yard" and "shore yard." Also see Appendix A, Illustrations 4-A and 4-B, within Attachment 1 of Chapter 420.[6] Note that dimensional yard requirements in this chapter shall be interpreted as setback requirements, and dimensional restrictions on encroachments into yards shall be interpreted as exceptions to setback requirements.)
ZONED RESIDENTIAL (or variations thereof)
Zoned to a residential zoning district classification; provided, however, that any portion of a planned development zoning district where residential uses are permitted will be deemed to be zoned residential, and any C-2 Upland Resource Conservancy District directly abutting an area zoned residential will be deemed to be zoned residential.
ZONING ADMINISTRATOR
The Village Zoning Administrator or an individual duly authorized to perform the duties and functions of the Village Zoning Administrator.
ZONING MAP
The official Village map delineating the boundaries of zoning districts. The Zoning Map, along with the zoning text, comprises the Village Zoning Ordinance.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.