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Port Washington City Zoning Code

ARTICLE II

Interpretation and Definitions

§ 485-8 Interpretation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes.

§ 485-9 Warning and disclaimer of liability.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In adopting this chapter setting forth land, water and building use regulations, including site development and appearance standards, and in delegating to the Plan Commission and to the City Engineer or to the Building Inspector certain powers of interpretation and enforcement of this chapter, and to the Zoning Board of Appeals the power to grant variances to said provisions or to the actions of the aforementioned, the Common Council does not guarantee, warrant, or represent that if such provisions or variances are adhered to that under all conditions persons or property will not be subject to some degree of the adverse consequence being protected against by enforcement of the provisions. For example, wetlands or soils that are deemed unsuitable for specific uses may extend farther than delineated, driveway connections to public streets arranged under the terms of this chapter to reduce traffic congestion and improve safety may still experience some levels of congestion and experience some accidents, and landscape requirements imposed to screen adverse views may still admit partial views. Therefore the City asserts that adoption and enforcement of this chapter does not create liability on the part of, or a cause of action against, the Council, its commissions, boards or employees for any damages that may result from reliance upon this chapter.

§ 485-10 Definitions.

[Amended 5-4-2021 by Ord. No. 2021-6; 7-18-2023by Ord. No. 2023-14; 4-15-2025 by Ord. No. 2025-6]
When used in this chapter, the following words and phrases shall have the specific meaning as hereinafter defined:
APARTMENT
A suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals.
APARTMENT HOUSE
See "dwelling, multiple."
BASEMENT
A story partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.
BASE SETBACK AREA
The land lying between the edge of the existing street right-of-way and the base setback line.
BASE SETBACK LINE
The line from which all required setbacks are measured, which line corresponds to the established ultimate street right-of-way line as set forth in § 485-58A.
BED-AND-BREAKFAST LODGING
Any place of lodging that provides five or fewer rooms for rent, is the owner's personal residence and is occupied by the owner at the time of rental.
BOARDINGHOUSE
A building or premises where meals, or meals and lodging, are offered for compensation for five or more persons, but not more than 12 persons, and having no more than five sleeping rooms for this purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant. An establishment with more than five sleeping rooms shall be deemed a hotel or motel. For purposes of this chapter, group homes shall be defined as boardinghouses.
BUILDING
Any structure used, designed or intended for all roofed shelter, enclosure, or protection of persons, animals or property.
BUILDING, ACCESSORY
A building or portion of a building used for a purpose customarily incident to the permitted principal use of the lot or to a principal building and located on the same lot as the principal use.
BUILDING, HEIGHT OF
The vertical distance from the average established street grade in front of the lot or the average finished grade at the front building line, whichever is higher, to the highest point of the coping of a flat roof, to the deckline of a mansard roof or to the average height of the highest gable of a gambrel, hip or pitch roof.
BUILDING, PRINCIPAL
The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.
CAMPING TRAILER
A self-propelled or towable vehicle designed to travel over public highways and when parked to provide temporary living accommodations without hookup to water or sanitary sewer.
CHANNEL
Those floodlands normally occupied by a stream, lake bed, or other body of water under average annual high-water flow conditions while confined within generally well-established banks.
CLINIC, MEDICAL OR DENTAL
A group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed patient care.
COMPREHENSIVE PLAN
The Master Plan adopted pursuant to § 62.23(3), Wis. Stats.
COURT
An occupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the wall of such building.
COURT, INNER
A court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER
A court extending to a street line or opening upon any front, side or rear yard.
DATA CENTER
A facility that houses computing and networking equipment, along with storage and management systems, to support the storage, processing, and distribution of digital data and applications. A data center typically features high-performance servers, storage arrays, networking equipment, cooling systems, and power backup solutions to ensure uninterrupted operation.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses; mining, dredging, filling, grading, paving, excavation or drilling operations; or deposition of materials.
DWELLING, MULTIPLE
A building or portion thereof designed for and occupied by two or more families, including two-family flats, apartment houses and apartment hotels.
DWELLING, SINGLE-FAMILY ATTACHED
A residential structure designed to house a single-family unit from lowest level to roof, with private entrance, but not necessarily occupying a private lot, and sharing a common wall between adjoining units.
DWELLING, SINGLE-FAMILY DETACHED
A residential structure designed to house a single family on a private lot and surrounded on all sides by a private yard.
DWELLING UNIT
A housekeeping unit designed and used for occupancy by a single individual or family.
EXTRACTIVE OPERATIONS
The removal of rock, slate, gravel, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other process.
FACILITY
A place, building or structure designed, built or installed to serve a particular function, purpose or activity.
FAMILY
One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
FIRST FLOOR AREA
In residential structures, the total of all livable floor area which is not over any other livable floor area. Livable floor area shall be limited to that space meeting the minimum requirements for room size, height, and light and ventilation as set forth by the Building Code or in this chapter.
FLOOD
A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
FLOODPROOFING
Measures designed to prevent and reduce flood damage for those uses which cannot be removed from or which, of necessity, must be erected in the floodplain, ranging from structural modifications through installation of special equipment or materials to operation and management safeguards, such as the following: reinforcement of basement walls; underpinning of floors; permanent sealing of all exterior openings; use of masonry construction; erection of permanent watertight bulkheads, shutters, and doors; treatment of exposed timbers; elevation of flood-vulnerable utilities; use of waterproof cement; provision of adequate fuse protection; sealing of basement walls; installation of sump pumps; placement of automatic swing check valves; installation of seal-tight windows and doors; installation of wire-reinforced glass; location and elevation of valuable items; waterproofing, disconnecting, elevation, or removal of all electric equipment; avoidance of the use of flood-vulnerable areas; temporary removal or waterproofing of merchandise; operation of emergency pump equipment; closing of backwater sewer valve; placement of plugs and flood drain pipes; placement of movable watertight bulkheads; erection of sandbag levees; and shoring of weak walls or structures. Floodproofing of structures shall be extended at least to a point two feet above the elevation of the regional flood. Any structure that is located entirely or partially below the flood protection elevation shall be anchored to protect it from larger floods.
FLOOR AREA RATIO or FAR
Used to indicate the total floor area of buildings, exclusive of basement, allowed on a given lot, expressed as a percentage ratio to the total area of the lot, i.e., a FAR of 100% allows a floor area equal to the total area of the lot, a FAR of 50% allows a floor area of 1/2 the total area of the lot, etc. A floor area ratio of 50% could be applied to a one-story building occupying 50% of the lot or a two-story building occupying 25% of the lot.
GARAGE, PRIVATE
A structure primarily intended and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises.
GARAGE, PRIVATE ATTACHED
A garage, the roof of which is attached to the principal building.
GARAGE, PUBLIC OR COMMERCIAL
Any garage not falling within the definition of "private garage" as herein established and used for storage, repair, rental or servicing of motor vehicles.
GASOLINE SERVICE STATION
A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and including facilities for greasing, oiling, washing and minor repair of vehicles on the premises, but not including automatic car washing or any body repair facilities, or storage of vehicles for scrap or spare parts.
GRADE, ESTABLISHED
The elevation of the finished street at the center line of curb as fixed by the Engineer or by such authority as shall be designated by law to determine such an elevation.
HEIGHT OF BUILDINGS, HOW MEASURED
See "building, height of."
HIGHWAY
Same as "traffic artery."
HOME OCCUPATION
A gainful occupation conducted primarily by members of the family, within its place of residence, where the space used is incidental to residential use.
HOSPITAL
An institution intended primarily for the medical diagnosis, treatment, and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed patient care.
HOSPITAL, ANIMAL
An establishment providing for medical care and treatment of animal pets, but distinguished from a kennel in that no outdoor runs shall be permitted for boarded animals and all indoor runs shall be soundproofed.
HOTEL
A building in which lodging, with or without meals, is offered for compensation and which may have more than five sleeping rooms for this purpose, but not including kitchen facilities in individual rooms.
HOUSE TRAILER
See "mobile home" and "camping trailer."
KENNEL, COMMERCIAL
An establishment where dogs or other animal pets not part of the actual household on the lot on which the facility is located are raised, bred or boarded.
LEGAL NONCONFORMITY
The zoning status of a structure or parcel of land which, or the use of which, though legal prior to the passage or amendment of this chapter, does not comply with one or more of the provisions of this chapter.
LODGING HOUSE
A building where lodging only is provided for compensation and having not more than five sleeping rooms for this purpose.
LOT
A single parcel of contiguous land occupied or intended to be occupied by such structures and uses as permitted under this chapter, together with the open spaces required by this chapter, and abutting on a public street or officially approved way.
LOT AREA
The area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfare.
LOT LINES
The lines bounding a lot as defined herein.
MEAN
A distance measurement having a value intermediate between the values of other distances; an average obtained by adding several distance measurements together and dividing the sum by the number of measurements. (For example, the mean of one, five, two, and eight feet is four feet.)
MOBILE HOME
A structure, designed to be a permanent single-family residence, which is constructed and inspected in a factory or intended by its inherent design to be transportable from factory to site and from its original site to possible subsequent sites. The structure at its site may rest upon wheels, or upon a slab or pier foundation, and to be habitable requires hookup to water, sanitary sewer and electricity.
MODULAR HOUSING
A structure, designed to be a permanent residence, which is constructed and inspected in a factory, then shipped to its site and placed together with other modules on a permanent foundation and hooked up to utilities to form a larger dwelling or to form a multiple-dwelling structure.
MOTEL
A building or series of buildings in which lodging only is offered for compensation and which may have more than five sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.
NONCONFORMING LOT
A lot which does not conform to the lot size regulations of the district in which it is located.
NONCONFORMING STRUCTURE
A structure which does not conform to the building location, height, building size or floor area regulations of the district in which it is located.
NONCONFORMING USE OF LAND
A use of any land in a way which does not conform to the use, residential density or open space regulations of the district in which it is located.
NONCONFORMING USE OF STRUCTURE
A use carried on within any building which use does not conform to the use or residential density regulations of the district in which it is located.
OFFSET
The shortest horizontal distance between any structure and a lot line, other than a street line.
OFF-STREET PARKING SPACE
The area on a lot designed to accommodate a parked motor vehicle as an accessory service to the use of said lot and with adequate access thereto from the public street. For purposes of satisfying parking requirements of this chapter, an off-street parking space shall be an area of no less than 160 square feet.
OPEN SPACE
An unoccupied space open to the sky on the same lot with the building and not used for parking or driveway purposes.
OUTDOOR RECREATIONAL FACILITIES
Land and structure, along with accessory equipment, designed and utilized for leisure time activities of a predominantly outdoor nature and for more specific purpose than passive park-like open areas, and further classified as follows:
A. 
Public: Facilities owned and operated by a governmental agency for limited or general use.
B. 
Private commercial: Facilities owned and operated by an individual or group for profit as a business whether or not open to general public use.
C. 
Private noncommercial group: Facilities owned and operated by a group for the exclusive use of the members of such a group and their guests and not for profit as a business.
D. 
Private residential: Facilities owned by an individual, located on the same or adjoining lot to his residence, and intended solely for the use of his family and guests.
PRIMARY FLOOR AREA (PFA)
The floor area of a building for purposes of determining required parking ratios, which area shall include only that portion of the total floor area devoted to customer service, sales and office space and shall not include warehouse, utility, hallway and other accessory space which does not generate parking demand.
PRIVATE CLUB OR LODGE
A structure or grounds used for regular or periodic meetings or gatherings of a group of persons organized for a nonprofit purpose, but not groups organized to render a service customarily carried on as a business.
PROFESSIONAL OFFICE
The office of a doctor, Christian Science practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, artist, musician or other similar recognized profession.
REGIONAL FLOOD
A flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year there is a one-percent chance that the regional flood may occur or be exceeded. During a typical thirty-year mortgage period, the regional flood has a twenty-six-percent chance of occurrence.
ROAD
Synonymous with "street."
ROOMING HOUSE
Same as "lodging house."
SETBACK
The shortest horizontal distance between any structure and the base setback line. See § 485-58C.
STORY
That portion of a building between the surface of a floor and the surface of the floor next above it; if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having 1/2 of its height above grade shall be deemed a story for purposes of height regulation.
STREET
A public or private right-of-way usually affording primary access to abutting property.
STREET, FRONTAGE
A street contiguous and parallel to a traffic artery and affording direct vehicular access to abutting property.
STREET RIGHT-OF-WAY LINE
A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.
STRUCTURE
A combination of materials other than natural terrain or plant growth erected or constructed to form a shelter, enclosure, retainer, container, support, base pavement or decoration.
STRUCTURE, ACCESSORY
A structure or portion of a structure used for a purpose customarily incident to the permitted principal use of the lot and located on the same lot as the principal use.
STRUCTURE, PERMANENT
A structure placed on or in the ground or attached to another structure in a fixed and determined position and intended to remain in place for a period of more than nine months.
STRUCTURE, PRINCIPAL
A structure used or intended to be used for the principal use as permitted on such lot by the regulations of the district in which it is located.
STRUCTURE, TEMPORARY
Any structure other than a permanent structure.
TECHNOLOGY AND RESEARCH DEVELOPMENT
Facilities that investigate, design, test, and refine new or improved technologies. They involve systematic study and experimentation to create innovative products, enhance existing solutions, or discover new methods and materials. Engineering, healthcare, information technology, and manufacturing users use these facilities.
TOURIST HOME
A building in which lodging, with or without meals, is offered to transient guests for compensation and having no more than five sleeping rooms for this purpose with no cooking facilities in any such individual room or apartment.
TRAFFIC ARTERY
A right-of-way (designed on a comprehensive system) for the principal purpose of providing a vehicular thoroughfare and not necessarily affording direct access to an abutting property.
TRAILER CAMP
Any tract or parcel of land upon which two or more trailers, as herein defined, are located or where trailer or camp sites are provided for the purpose of either temporary or permanent habitation.
TRAILER, HOUSE
See "mobile home" and "camping trailer."
USE, ACCESSORY
A use subordinate to and customarily incident to the permitted principal use of the property or buildings and located upon the same lot as the principal use.
USE, PERMITTED
The utilization of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which said land is located.
USE, PRINCIPAL
The main or primary use of property or structures as permitted on such lot by the regulations of the district in which it is located.
UTILITY FACILITY
A facility with infrastructure that provides essential services, such as electricity, water, natural gas, sewage treatment, or telecommunications. Public utilities, government agencies, or private companies regulated by the government typically own and operate these facilities. Examples include power plants, water treatment plants, substations, pipelines, and communication towers.
VISION SETBACK
An unoccupied triangular space, at the street corner of a corner lot, as established by § 485-58G.
WAREHOUSING
The use of a building to store or keep in reserve raw materials, finished merchandise, or goods, before sale, distribution or shipment to retailers, wholesalers or contractors or to industrial, commercial, agricultural, institutional or professional businesses. "Warehousing" includes order processing, packing and shipping of such materials, finished merchandise or goods, but excludes storage or mini storage buildings or spaces therein offered for rent or lease to the general public.
WETLANDS
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.