As used herein, the following words and phrases shall have the following meanings.
ACCESSORY BUILDING OR USEAn accessory building or use is one which:
A. Is customary and clearly incidental to the principal building or principal use;
B. Serves exclusively the principal building or principal use;
C. Is subordinate in area, extent or purpose to the principal building or principal use served;
D. Contributes to the comfort, convenience or necessity of occupants or the principal building or principal use served;
E. Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot as the building or use served.
F. An accessory building or use includes, but is not limited to, the following. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
[Amended 2-23-2009]
(1) A children's playhouse, garden house, private greenhouse or patio;
(2) A garage, carport, shed or building of storage incidental to a permitted use;
(3) Incinerators incidental to a permitted use;
(4) Storage of goods used in or produced by permitted manufacturing activities on the same zoning lot with such activities, unless such storage is excluded by the district regulations;
(5) The production, processing, cleaning, servicing, testing, repair or storage of merchandise normally incidental to a permitted retail service or business use if conducted by the same ownership as the principal use;
(6) Off-street motor vehicle parking areas and loading facilities;
(7) Signs, as permitted and regulated in each district incorporated in this chapter.
(8) Dwellings over or behind other permitted uses in B1 and B2 Districts; and
(9) Home businesses, as defined and permitted in this chapter.
G. Hoop houses. A "hoop house" is a temporary membrane structure used exclusively for the production or storage of live plants and shall be exempt from the permit requirements of this chapter and Chapter
242, Building Construction, if it meets the following criteria:
[Added 9-10-2012]
(1) There is no permanent anchoring system or foundation.
(2) All membrane structures shall not exceed 400 square feet.
(3) The structure is located in the rear or side yards and is no closer than five feet from all property lines.
(4) Shall not exceed duration of 120 days in a calendar year.
(5) Shall not exceed 15 feet in height.
H. Portable membrane structures, such as those used for carports or storage, shall be exempt from the permit requirements of this chapter and Chapter
242, Building Construction, if they meet the following criteria:
[Added 10-26-2015 by Ord. No. 1817-15]
(1) Shall be temporarily and securely anchored to the ground to prevent uplift.
(2) Shall not exceed 15 feet in height.
(3) Shall not exceed 240 square feet and one per parcel.
(4) Shall meet zoning district setbacks.
(5) Shall be kept in good repair.
I. Storage containers. Storage containers, such as those used to ship cargo, are permitted for temporary uses up to six months in a calendar year or associated with construction/remodeling projects. Containers on the street shall have reflective tape or paint of at least 36 square inches in an area on each side of each corner of the container. Containers shall not be left on the street within 15 feet of an intersection or within four feet of a driveway. Containers shall not be left on the street for more than 30 consecutive days.
[Added 3-25-2019 by Ord. No. 1884-19]
AIRPORTAny area of land that is used or intended for the landing and takeoff of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or hangars and other related building and open spaces.
ALLEYAny public space or thoroughfare which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property.
ALTERATIONAs applied to a building or structure is 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 to another.
ANIMAL UNITA unit of measure used to determine the total number of single animal types or combinations of animal types equivalent to one head of cattle weighing over 800 pounds. The following table summarizes the number of animals of varying types that are considered equivalent to one head of cattle for purposes of this chapter.
Animal Type Category | Number Equivalent to One Animal Unit |
|---|
Cattle (above 800 lbs.) | 1 |
Cattle (400 to 800 lbs.) | 2 |
Calves (below 400 lbs.) | 5 |
Horses | 2 |
Sheep | 10 |
Pigs (below 55 lbs.) | 10 |
Pigs (above 55 lbs.) | 2 |
Ducks | 20 |
Animal Type Category | Number Equivalent to One Animal Unit |
|---|
Chickens | 50 |
Turkeys | 20 |
Alpaca | 10 |
ANTENNAAny structure intended for the receipt of VHF, UHF or other high-frequency waves with a parabolic receiver width of less than 30 inches or that uses any other method for reception than that which is typically used by satellite dishes.
APARTMENT HOUSEA multifamily dwelling for three or more families, living independently of each other, and doing their cooking within the premises.
AUTOMOBILE SERVICE STATIONA building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplies and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.
BASEMENTThat portion of any structure located partly below the average adjoining lot grade.
BED-AND-BREAKFAST ESTABLISHMENTA building that provides four or fewer sleeping rooms for temporary occupancy for compensation by transient guests who are traveling for business or pleasure and is the owner's personal residence and occupied by the owner at the time of rental. The partnership form of ownership shall be allowed under this definition.
BOARDThe Zoning Board of Appeals.
BOARDINGHOUSEA building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.
BUILDINGA structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between the eaves and ridges of gable, gambrel, hip and pitch roofs; or to the deckline of mansard roofs or as otherwise defined in this chapter.
[Amended 1-11-2016 by Ord. No. 1822-16]
BUILDING, DETACHEDA detached building is a building surrounded by open space on the same lot as another building.
BUILDING, PRINCIPALA principal building is a nonaccessory building in which is conducted the principal use of the lot on which it is located.
BUILDING, RESIDENTIALA residential building is a building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers, and which includes, but is not limited to, the following types:
A. Single-family detached dwellings;
B. Two-family detached dwellings;
C. Multiple-family dwellings (including apartment hotels);
D. Lodging houses.
For the purpose of this chapter, any building containing any of the above uses together with other uses shall be considered a residential building. |
BULKThe term used to indicate the size and setbacks of buildings or structures and the location of such buildings or structures with respect to one another, and include the following:
A. Size and height of buildings;
B. Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. All open spaces allocated to buildings; and
E. Amount of lot area provided per dwelling unit or lodging room.
BULKHEAD LINEA geographic line along a reach of navigable stream that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to § 30.11, Wis. Stats., and which allows complete filling on the landward side, except where floodway regulations of this chapter would prohibit such filling.
CAPACITY IN PERSONSThe maximum number of persons that can avail themselves of the services or goods of an establishment or use at any one time, as determined by the required floor space per persons as established in Chapter
242, Building Construction.
CHANNELA natural or artificial watercourse of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water. "Channel flow," thus, is that water which is flowing within the limits of the defined channel.
COLLECTOR SURFACEAny part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.
COMPLEXTwo or more business occupancies on the same or adjoining parcels that are owned and/or managed as a unit. For sign code purposes, they are a single premise regardless of the existence of individual parcels or businesses.
CONDITIONAL USESUses of a special nature as to make impractical their predetermination as a principal use in a district. "Conditional uses" in this chapter shall have the same meaning as special exceptions as used in § 62.23, Wis. Stats.
CONFORMING BUILDING OR STRUCTUREAny building or structure which:
A. Complies with all the regulations of this chapter or any amendment thereto governing the bulk of the zoning district in which such building or structure is located; or
B. Is designed or intended for a conforming use.
CONVALESCENT HOME and NURSING HOMEA convalescent home or a nursing home is a home for the aged, infirm, chronically ill or incurably ill in which five or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
CORNER LOTA lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
COURTAn unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such buildings.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to buildings or structures and the mining, dredging, filling, grading, paving, excavation or deposition of materials.
DRIVE-IN ESTABLISHMENTAn establishment that accommodates the patrons' motor vehicles, from which the occupants may obtain or receive a service or obtain a product that may be used or consumed in the vehicle on the same premises. However, any restaurant or food establishment at which facilities are provided for patrons to consume the products therefrom in motor vehicle while on the premises or any such establishment which permits patrons to consume the products therefrom in motor vehicles while on the premises shall be considered a drive-in establishment.
DWELLING or DWELLING UNITOne or more rooms for occupancy by one family that includes facilities for residential living, cooking, sanitation and sleeping, but does not include boardinghouses or lodging houses, motels, hotels, tents, cabins, or mobile homes.
[Amended 5-11-2009]
ENTRANCE, MAINThe entrance which faces the front lot or is closest to the front lot line and which entrance provides direct access to the principal use.
ESSENTIAL SERVICEThe erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.
FAMILYAny number of persons related by blood, adoption, or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.
FENCEA structure providing enclosure or serving as a barrier, but not protecting against the elements (as distinguished from "building").
FLOOR AREA (FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS)When prescribed as the basis of measurement for off-street parking spaces and loading berths for any use, shall mean the sum of the areas of the several floors of the buildings devoted to such use, including accessory storage areas located with 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.
FLOOR AREA RATIO (FAR)The floor area of the building or buildings on the zoning lot divided by the area of such zoning lot. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the area of the zoning lot.
FRONTAGEThe smallest dimensions of a lot abutting a public street measured along the street line.
FRONT YARDA yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
GARAGE, PRIVATEA building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.
GARAGE, PUBLIC OR STORAGEA building or part thereof, other than a private garage, for the storage of motor vehicles and in which service-station activities may be carried on.
HOTELA series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.
IMPERMISSIBLE INTERFERENCEThe blockage of solar energy to a collector surface or proposed collector surface for which a permit has been granted under this chapter, during a collector use period, and such blockage is by any structure or vegetation on property, an owner of which was notified under §
690-59C. "Impermissible interference" does not include:
A. Blockage by a narrow protrusion, including but not limited to a pole or wire, which does not substantially interfere with absorption of solar energy by a solar collector.
B. Blockage by any structure constructed, under construction or for which a building permit has been applied for before the date the last notice is mailed or delivered under §
690-59C.
C. Blockage by any vegetation planted before the date the last notice is mailed or delivered under §
690-59C.
JUNKAny worn-out, cast-off, or discarded article or material that is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
JUNKYARDThe use of more than 500 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk.
LIVING ROOMSAll rooms within a dwelling except closets, foyers, storage areas, utility rooms, and bathrooms.
LOADING AREAA complete off-street space or berth of the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LOTA parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area, and other open space provisions of this chapter.
LOT LINES AND AREAThe peripheral boundaries of a parcel of land and the total area lying within such boundaries.
LOT WIDTHThe measurement of the perpendicular distance between the side lot lines. On an irregular, pie-, or flag-shaped lot, minimum lot width is met when more than 50% of the lot's length has the required minimum width or meets the average of the lengths of the combined front and rear lot lines.
[Amended 2-23-2009]
LOT, CORNERA lot abutting on two or more streets at their intersection, provided that the intersection angle of such intersection is less than 135°.
MOBILE HOMESAny structure originally designed to be capable of transportation by any motor vehicle upon a public highway which is intended for occupancy as a year-round residence and which does not require substantial on-site fabrication.
NONCONFORMING USES OR STRUCTURESAny structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
OUTLOTA parcel of land, other than a lot or block, so designated on the plat or survey. Outlots shall be created to correct previous survey/plat errors or when a nonbuildable parcel is intended and approved through a development agreement.
[Amended 5-14-2018 by Ord. No. 1870-18]
PARKING LOTA structure or premises containing five or more parking spaces.
PARKING SPACEA graded and surfaced area of not less than 180 square feet, in area either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners within 150 feet, and all property owners of opposite frontages.
PLANNED RESIDENTIAL DEVELOPMENT: DWELLINGA parcel or tract of land having an area as required in the district regulations under common management, single ownership, and which is the site for two or more principal residential buildings and where regulations governing yard requirements as required by district regulations may be modified as regulated in this chapter. The issuance of a permit for a planned residential development dwelling shall require approval as provided in this chapter.
PLANNED RESIDENTIAL DEVELOPMENT: MOBILE HOME PARKA parcel or tract of land having an area as required in the district regulations under common management, single ownership, and which is the site for mobile homes and where yard requirements as required by district regulations may be modified as regulated in this chapter. This issuance of a permit for a planned residential development dwelling shall require approval as provided in this chapter.
PUBLIC WAYAny sidewalk, street, alley, highway or other public thoroughfare.
REAR YARDA yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the front yard or one of the front yards on a corner lot.
RESTAURANTAny building, room or place wherein meals or lunches are prepared or served or sold to transients or the general public, and all places used in connection therewith. "Meals or lunches" shall not include soft drinks, ice cream, milk, milk drinks, ices and confections. The serving in taverns of free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter shall not constitute such taverns to be restaurants. The term "restaurant" does not apply to churches, religious, fraternal, youth's or patriotic organizations, service clubs and civic or union organizations which occasionally prepare or serve or sell meals or lunches to transients or the general public, nor shall it include any public or private school lunchroom or private individual selling foods from a movable or temporary stand at public farm sales.
SATELLITE DISHAny structure intended for the receipt of VHF, UHF or other high-frequency waves with a parabolic receiving area in excess of 30 inches.
SEXUALLY ORIENTED ADULT BUSINESSAs defined in §
176-3 of the Code of Ordinances, and includes adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, adult viewing facility, nude model studios or other adult, sexually oriented business.
[Added 10-22-2007]
SHOPPING CENTERA group of three or more commercial establishments that are planned, developed, owned and/or managed as a unit. A shopping center has shared off-street parking provided on the property, joint-use access from adjoining streets and is related in its location, size and type of shops to the trade area that the unit serves.
SIDE YARDA yard extending from the street yard to the rear yard of the lot, width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.
SIGNSAny words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which everything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which is visible from any public way.
SOLAR COLLECTORA device, structure or a part of a device or structure, a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electric energy.
STREETA roadway or highway not otherwise defined lying with a recorded subdivision with a right-of-way not less than 50 feet wide providing primary access to abutting properties.
STRUCTURAL ALTERATIONSAny change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
STRUCTUREAny erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.
TATTOO ESTABLISHMENTSA business where pigment is inserted under the surface of the skin of an individual by pricking a needle or other instrument, and includes body piercing.
[Added 11-26-2007]
TOWNHOUSESingle-family building having one or more walls in common with another single-family building, oriented so all exits open directly to the outside.
TRAILERAny unpowered vehicle towed by another and used for purposes such as camping, transport, and temporary construction offices.
[Amended 9-28-2015 by Ord. No. 1815-15]
USEThe purpose or activity for which the land or building thereon is occupied or maintained.
USE, CONDITIONALA use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.
USE, PERMITTEDA use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district in which such use is located.
USE, PRINCIPALThe main use of land or buildings as distinguished from a subordinate or accessory use.
UTILITIESPublic and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulation stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops, and storage yards.
VARIANCEA situation where strict application of this chapter would result in a practical difficulty or unnecessary hardship; an exception may be granted by the Zoning Board of Appeals.
VEHICLEEvery device in, upon or by which any person or property is or may be transported or drawn upon a highway.
YARDAn open space on a zoning lot which is unoccupied or unobstructed from its lowest level to the sky, except as otherwise provided herein.