[Amended 12-16-2008 by Ord. No. 942-08; 12-15-2009 by Ord. No. 969-2009; 10-15-2013 by Ord. No. 1070-2013; 8-19-2014 by Ord. No. 1092-2014; 12-16-2014 by Ord. No. 1104-2014; 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019; 8-18-2020 by Ord. No. 9-2020; 9-21-2021 by Ord. No. 30-2021; 9-20-2022 by Ord. No. 17-2022; 6-18-2024 by Ord. No. 14-2024]
Unless specifically defined below, words and phrases used in this chapter shall have the same meaning as they have in common law to give this chapter its most reasonable application. This section is intended to clarify word usage and not to establish standards for this chapter. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular. The word "may" is permissive, and the word "shall" is mandatory and not discretionary. For terms not found in this section, other sources may be utilized to establish an applicable definition. Certain words and phrases have different meaning when used in different ordinances. Refer to specific ordinances for word usage and definition.
ACCESS AREA, LOTThe access area that is part of a contiguous land area, generally being a narrow strip of land that does not meet the minimum land area width requirements, that provides access for a permitted activity.
ACCESSORY STRUCTUREA subordinate structure, detached from the principal structure, the use of which is incidental to, and customarily found in connection with, the principal structure or use of the property.
ACCESSORY USEA subordinate use, which is incidental to and customarily in connection with the principal structure or use, and which is located on the same property with such principal structure or use.
ACCESS SITE/LOTA parcel of land that is contiguous to a body of water (lake, river or stream) that provides a means of waterfront access for backlot development.
ADDITIONAn expansion horizontally and/or vertically.
ADULT BATHHOUSEAn establishment or business that provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in specified sexual activities, as defined herein.
ADULT BODY PAINTING STUDIOAn establishment or business wherein patrons are afforded an opportunity to paint images on a body that is wholly or partially nude. For purposes of this chapter, "adult body painting studio" shall not be deemed to include a tattoo parlor.
ADULT BOOKSTOREMeans, but shall not be limited to, an establishment having as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities. "Adult bookstore" shall also include, but not be limited to, establishments that have a facility or facilities, including but not limited to booths, cubicles, rooms or stalls, for the presentation of adult entertainment as defined herein, including adult-oriented films, movies or live performances for observation by patrons therein, or which, as part of their regular and substantial course of conduct, offer for sale, rent, trade, lease, inspection or viewing books, films, videocassettes, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to adult entertainment as defined herein.
ADULT CABARETA cabaret that features male or female impersonators or similar entertainers.
ADULT ENTERTAINMENTAny exhibition of any motion picture, live performance, display or dance of any type that has a significant or substantial portion of such performance based on or that is distinguished or characterized by an emphasis on sex and/or sexual gratification, or any actual or simulated performance of specified sexual activities, or exhibition and viewing of specified anatomical areas, as defined herein, appearing unclothed, or the removal of articles of clothing to reveal specified anatomical areas.
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or fewer persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined herein, for observation by patrons therein.
ADULT MODELING STUDIOAn establishment or business that provides the services of modeling for the purpose of reproducing the human body wholly or partially nude by means of photography, painting, sketching, drawing or otherwise.
ADULT MOTELA hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities, as defined herein; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of more than 50 persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined herein, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER (OUTDOOR)A parcel of land from which individuals may view a motion picture presented out-of-doors that presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities, as defined herein.
ADULT NOVELTY SHOPAn establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items that are distinguished or characterized by their emphasis on specified anatomical areas or designated for specified sexual activities, as defined herein.
ADULT-ORIENTED ESTABLISHMENTShall include but not be limited to adult bookstores, adult motion-picture theaters (indoor or outdoor), adult mini motion-picture theaters, adult motels, adult novelty shops, adult cabarets, adult bathhouses, adult modeling studios, and adult body painting studios and further means any premises to which public patrons or members are regularly invited, admitted and/or allowed to view adult entertainment, whether or not such entertainment is held, conducted, operated or maintained for profit, direct or indirect. "Adult-oriented establishment" further includes, without being limited to, any adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
AGRICULTURAL PRACTICE OR USEAs provided in § 281.16(1)(b), Wis. Stats., means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grains, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payment in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.
AGRICULTUREThe production, storage, keeping, harvesting, grading, packing, processing, boarding or maintenance, for sale, lease or personal use, of plants and/or animals useful to humans.
AIRPORTAny land or structure that is used or intended for use for the landing and takeoff of aircraft.
ANIMAL HUSBANDRY OPERATIONA feed lot or any kind of facility, other than a pasture, where animals have been, are, or will be fed, confined, maintained or stabled. Two or more husbandry operations under common ownership are deemed to be a single animal husbandry operation if they are adjacent to each other or if they utilize a common area or system for disposal of waste.
ANIMAL UNITA unit of measure used to determine the total number of single animal types or combination of animal types, which are fed, confined, maintained or stabled in an animal feeding operation.
ANIMAL UNITS COMBINEDAny combination of animal types calculated by adding the number of single animal types as multiplied by the equivalency factors of this chapter.
AUTOMOBILE BODY SHOPA premises used for repair, replacement or reconditioning of automobile parts that does not require the removal of the engine head or pan, engine transmission, or differential involving body and fender work, painting and upholstering service.
AUTOMOBILE CAR WASHA structure, or portion thereof, containing facilities for washing automobiles.
AUTOMOBILE REPAIR/SERVICE FACILITYA premises used for the retail dispensing or sales of vehicular fuels, that provides service and repairs to automobiles (excluding body shop activities), as well as other automobile service uses, including a car wash (as part of the principal structure), installation of lubricants, tires, batteries, and similar vehicle accessories.
AUTOMOBILE WRECKINGThe dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, or wrecked vehicles or their parts. (See also "junkyard.")
BACK LOT DEVELOPMENTAlso known as "lot pyramiding," "keyhole development" or "development funneling," is the practice whereby an land area is used for waterfront access by a number of land areas located away from or not contiguous to the water body.
BASEMENTA space, the perimeter of which has more than 1/2 of its floor-to-ceiling height below the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
BED-AND-BREAKFASTAn establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
BOOTH, ROOM or CUBICLESuch enclosures as are specifically offered to the public or members of an adult-oriented establishment for hire or for a fee as part of a business operated on the premises that offers as part of its business the entertainment to be viewed within the enclosure, which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "room" or "cubicle" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the task of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee for the purpose of viewing entertainment for a fee and are not open to any persons other than employees, nor shall this definition apply to hotels, motels or other similar establishments licensed by the State of Wisconsin.
BREEZEWAYAn aboveground, roofed accessory structure that is utilized for the purpose of connecting two structures or buildings, as between a house and a garage, with either open or enclosed sides, with or without a foundation. A breezeway is not considered part of a dwelling.
BUFFERThe use of land, topography, difference in elevation, space, fences, or landscape planting to screen or partially screen a use or property from another use or property and thus reduce undesirable influences, such as site glare, noise, dust, and other external effects.
BUILDABLE AREAThe portion of a land area remaining after required yards and open space requirements have been provided.
BUILDINGA structure having a roof supported by columns or walls used or intended to be used for shelter or enclosure of persons, animals, equipment, machinery or materials.
CABIN CAMPA land area on which one or more camp cabins are located.
CAMPGROUNDAn area of land that is used for the purpose of providing sites for nonpermanent overnight use by camping units and that has a valid campground permit issued under § 254.47, Wis. Stats., and Chapter HFS 178.
CAMPING UNITA portable device or enclosure, no more than 400 square feet in area, including a tent, camping trailer, motor home, bus, van, pick-up truck or other mobile recreational vehicle used as a temporary shelter for human habitation.
CANOPYA structure attached and extending from the face of a structure constructed as a permanent fixture, which may be supported from the ground.
CARETAKERA person who is employed to perform maintenance on a property, but whom neither owns nor manages the operations of said property.
CARPORTA roofed structure providing space for parking of motor vehicles attached to the principal structure extending over a driveway, open on all sides except for the wall(s) of the principal structure, and shall be construed to be part of the principal structure.
CEMETERYA place set apart, either by municipal authority or private enterprise, for the interment of the dead. The term includes not only lots for burying the bodies of the dead but also avenues, walks and grounds for shrubbery and ornamental purposes.
CERTIFICATE OF COMPLIANCEAn official certification that a premises or a completed development on a premises conforms to the provisions of the applicable ordinance.
CHURCHA structure, together with its necessary structures and uses, where persons regularly assemble for religious worship and which, together with its accessory structures and uses, is maintained and controlled by a regularly organized religious body organized to sustain public worship and which is exempt from federal income tax as regulated by the Internal Revenue Service Code.
CLINIC, MEDICAL OR DENTALA 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.
CLUBStructures and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose but not primarily for profit and not primarily to render a service that is customarily carried on as a business.
COMMITTEEThe Land Use Planning and Zoning Committee.
CONDITIONAL USE PERMITA use that may be considered in a particular zoning district if it is adaptable to the limitations of a particular site or made to be complimentary to adjacent land uses. The Land Use Planning and Zoning Committee, as authorized by County ordinance, shall only grant a conditional use permit if the use is consistent with the purpose and intent of this chapter, and may impose conditions that are related to the requested use and reasonable to ensure compliance with this chapter. The applicant must provide substantial evidence the conditions are or will be satisfied.
CONDOMINIUMAs provided in § 703.02(4), Wis. Stats., means property being subject to a condominium declaration established under Chapter 703, Wis. Stats.
CONTRACTOR'S EQUIPMENTMeans all apparatus, machinery, vehicles and other things required for the execution and completion of work or assembly of work by any building trade or other contractor.
CONTRACTOR'S YARD or SHOPMeans any land, building or structure used for the purpose of storing contracting equipment and material or performing shop work or assembly work by any building trade or other contractor.
DAYSShall refer to full calendar days.
DENSITYThe relationship of an area of land (generally stated in square feet) to a dwelling unit.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of mobile homes; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
DOG BREEDERA person who in any license year sells at least 25 dogs, from more than three litters, which that person has bred and raised in this state. A person has bred and raised dogs for purposes of this definition if that person has owned the dogs from birth until sale, regardless of whether the person has contracted with an agent to raise the dogs on real estate owned or occupied by that agent.
DOG BREEDING FACILITYA place in this state where dogs are bred and raised and from which at least 25 dogs from more than three litters are sold in a license year.
DRIVE-THROUGHAny use where products and/or services are provided to the customer under conditions where the customer does not have to leave the vehicle or where fast service to the vehicle occupants is a service offered regardless of whether the service is provided within the structure.
DRIVEWAYA private way providing ingress and egress to a public or private right-of way.
DWELLINGA structure or portion thereof designed or used exclusively for human habitation, but not including mobile recreational vehicles, hotels, motels, boarding- and lodging houses.
DWELLING, MULTIPLE-FAMILYA structure on a single land area, containing three or more dwelling units, or a structure designed for occupancy by three or more families.
DWELLING UNITAs provided in § 106.50(1m)(i), Wis. Stats., means a structure or part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons, who are maintaining a common household, to the exclusion of all others.
EASEMENTA grant by a property owner for use of a strip of land by the public or any person for any specific purpose, or purposes of constructing and maintaining utilities, including but not exclusive of the following: sanitary sewers, water mains, electric lines, telephone lines, other transmission lines, storm sewer, storm drainageways, gas lines, other service utilities, driveways, etc.
EMPLOYEEAny and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.
ENTERTAINERAny person who provides entertainment within an adult-oriented establishment, as defined herein, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or independent contractor.
ENTRYWAYAn inside area through which you enter a dwelling from outside of the dwelling that leads to other rooms within a dwelling.
ESSENTIAL SERVICESServices and utilities needed for the health, safety and general welfare of the community, such as surface, overhead or underground electrical, gas, telephone, steam, sewerage, water and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which they are located.
EVENT BARNA structure, that had previously been used for agricultural uses associated with a farm, that has been renovated and upgraded to local and state building codes and re-purposed as a facility for hire to host social or business gatherings, including, but not limited to, meetings, parties, seminars, weddings, receptions, family reunions, anniversaries, and barn dances. Event barns must promote the retention of the rural nature of the parcel and community in which it is located and may only be allowed by conditional use permit.
EXPANSIONAn addition to an existing structure that is horizontal, vertical or both.
EXTRACTIONAny nonagricultural, artificial excavation of earth for commercial or industrial uses, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other natural matter, or made by turning, breaking or undermining the surface of the earth.
FAMILYThose persons related by blood, marriage, adoption, or foster care or a group of persons living together in a single dwelling unit.
FARMAn area of land used for agricultural practice or use.
FARM FAMILY BUSINESSAny lawful activity, except a farm operation, conducted primarily for any of the following:
A. The purchase, sale, lease or rental of personal or real property.
B. The manufacture, processing or marketing of products, commodities or any other personal property.
FARM OPERATIONAn owner or occupant engaged in one or more farming activities, with gross sales from such activities as set forth in § 91.01(1), Wis. Stats.
FEED LOTA land area for fattening animals or holding animals temporarily for shipment.
FENCEAny artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Additionally:
A. FENCE, OPENA fence constructed in a manner that provides 50% or more open space.
B. FENCE, PRIVACYA fence constructed in a manner that provides less than 50% open space.
FLEA MARKETAn occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
FLOOR PLANA graphic representation of the anticipated utilization of the floor area within a structure.
FOOTPRINTThe land area covered by a structure at ground level, measured on a horizontal plane.
GARAGEA structure or part thereof, used or intended to be used for parking and storage of vehicles and/or other personal property.
A. ATTACHEDA garage sharing a common wall with the principal structure. The attachment must extend from original grade to the roofline of one or more of the connected structures, must be completely enclosed by a roof, walls and floor (openings only for windows, skylights, and doors are allowed), and there must be a direct connection from the 2nd floor of the principal structure to the 2nd floor of the attached garage.
B. DETACHEDA garage that is not attached to the principal structure, being an accessory structure.
GARAGE, PUBLICA structure or portion thereof, other than a private customer and employee garage or private residential garage, used for parking and storage of vehicles and available to the public.
GENERAL DEVELOPMENT PLANA report in text and in map form, with the map drawn to scale, depicting the general location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, etc., as related to a proposed development.
GOVERNMENTAL STRUCTUREState, County, federal, city, village or town structures utilized to provide a service that a specific governmental entity may provide.
GRADE, FINISHEDThe final elevation of the ground surface after development.
GRADE, NATURALThe elevation of the ground surface in its natural state, before man-made alterations.
HOME OCCUPATIONAny occupation or profession carried out for gain within a dwelling unit by a member of the family residing on the premises and where there is no emission of odor, gas, smoke, dust or noise that will be detrimental to the character of the neighborhood.
HORTICULTUREHorticultural uses and structures designed for the storage of products and machinery pertaining and necessary thereto.
HOSPITALAny structure, institution or place for the diagnosis, treatment and medical, mental, or surgical care of individuals that makes available clinical laboratory service, diagnostic x-ray and treatment facilities for surgery, or obstetrical or psychiatric care and which is accredited as a hospital by the Joint Commission on the Accreditation of Hospitals.
HOTELA structure in which lodging, or boarding and lodging, is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all times.
INSTITUTIONA nonprofit, religious, or public use, such as a church, public or private school, or hospital establishment for public use.
JUNKAny scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes, but is not limited to, unregistered or inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.
JUNKYARDAny land area, building or structure or part thereof used for the storage, collecting, processing, purchase, sale or abandonment of junk.
KENNELAn establishment, that is not a dog breeding facility as defined in ATCP 16, in which domestic animals are housed, boarded, groomed, sheltered, protected, bred, trained or sold for a fee or compensation. A property where there are fewer than five adult dogs is not considered a kennel.
LANDFILLA system of trash, waste, refuse, debris, salvaged material or garbage disposal in which the waste is buried between layers of soil.
LICENSE YEARMeans the twelve-month period ending on September 30 for a license granted by the Wisconsin Department of Agriculture, Trade and Consumer Protection to operate as a dog dealer, dog breeder or a dog breeding facility.
LIVING AREAThat area or space within a dwelling unit, devoted to the principal residential use of the structure, excluding attached garages, porches, sheds, and other similar appurtenances.
LOADING AREAA completely off-street space or berth on the same land area, for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
LOTAn area of land that is part of a subdivision plat, certified survey map or other document using the platting process duly recorded in the Register of Deeds office that is identified by an assigned number or letter.
LOT DEPTHThe mean distance between the front and rear lot lines.
LOT LINEThe same as boundary line; the peripheral boundary of a lot, parcel tract or any other land area that divides one recorded land area from another.
A. LOT LINE, STREETThat boundary separating a land area from an existing or dedicated public street.
B. LOT LINE, REARThat boundary of a land area that is opposite the street lot line. In the case of corner lots, the rear lot line shall be opposite the shorter of the two frontages.
C. LOT LINE, SIDEThat boundary of a land area that is not a street, shore or a rear lot line.
D. LOT LINE, SHOREThat boundary of a land area that abuts a navigable waterway at the ordinary high-water mark.
LOT OR PARCEL, RIPARIANAn area of contiguous land that is adjacent to perennial navigable waters, having a boundary description duly recorded in the Register of Deeds office that identifies the boundaries of that area of land.
LOT, SUBSTANDARDAn area of land, with or without structures having frontage on a public street, or other approved means of access, and having insufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of a district wherein located.
LOT WIDTH, AVERAGEThe average of the shortest horizontal distances between the side lot lines at the street lot line, rear lot line or ordinary high-water mark and at any angle point in the side lot lines.
MANUFACTURED HOMEA structure that is designed to be used as a dwelling, with or without a permanent foundation and that is certified by the federal department of Housing and Urban Development as complying with the standards established under 42USC 5401 to 5425.
MARINAA facility for the storing, servicing, fueling, berthing, and securing of boats and that may include eating, sleeping, and retail facilities for owners, crews and guests.
MININGSee "extraction or nonmetallic mining."
MOBILE HOMEA vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.
MOBILE HOME PARKAn area of land that is occupied by three or more mobile homes, manufactured homes or park model homes that is advertised or represented as a mobile home park. Mobile home parks shall include any structure, vehicle or enclosure intended for use as part of the equipment of such mobile home park.
MOTEL (MOTOR COURT, MOTOR HOTEL, MOTOR LODGE)A structure in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress for all rooms is made from the exterior of the structure(s).
MUDROOMA room in a dwelling designed especially for shedding of dirty or wet footwear and clothing.
NONCONFORMING LOT OR PARCELA lot or parcel, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of an ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the ordinance.
NONCONFORMING STRUCTUREAn existing, usable structure or portions thereof whose location, dimensions or other physical characteristics do not conform to current ordinance standards, but was legally constructed or placed in its current location prior to the adoption of the ordinance or ordinance amendment that made it nonconforming.
NONCONFORMING USEThe lawful use of land, structure or a portion thereof that does not conform to the current land use restrictions, but which was legally established prior to the adoption of the ordinance or ordinance amendment that made it nonconforming.
NURSERY SCHOOLA private establishment enrolling nine or more children between two and five years of age and where tuition, fees, or other forms of compensation for the care of the children are charged and which is licensed or approved by state and local authorities to operate as a nursery school.
OCCUPANCYThe residing of an individual or individuals in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial structure.
OFFICIAL MAPThe map adopted pursuant to Wisconsin Statutes that shows existing and proposed streets, highways, parkways, parks, playgrounds and school sites.
OPEN SPACEAn unoccupied space open to the sky on the same lot as the principal structure or development, which is in addition to other required yard areas and which is not used for parking or driveway purposes.
PARCELAn area of unplatted contiguous land having a boundary description duly recorded in the Register of Deeds office that identifies the boundaries of that area of land.
PARKING LOTAn off-street area for the temporary storage of motor vehicles consisting of access drives/driveways, aisleways and parking spaces.
A. ACCESS DRIVESThat portion of a parking lot that provides a way of approach to provide physical ingress and egress to a property.
B. AISLEWAYSThat portion of a parking lot/facility that is a traveled way by which vehicles enter and depart parking spaces.
C. PARKING SPACESThat portion of a parking lot/facility that provides for the temporary parking of motor vehicles within a public or private parking lot.
PARTIES IN INTERESTIncludes all abutting property owners, all property owners of opposite frontages and all property owners within 300 feet.
PASSAGEWAYA narrow extended room that is open on both ends, having walls on either side and under roof that allows unobstructed access to different rooms within a dwelling.
PATIOA residential accessory structure, used as an outdoor space for leisure, dining, cooking, or similar use, that consists of a surface layer, including but limited to concrete, pavers, bricks, tiles, asphalt or stone (e.g. flagstone, limestone, bluestone, slate, granite, gravel, stone screenings) and the supporting base layers extending subgrade to the underlying soil.
PERMITAn official finding that a proposed development and use of a property, as indicated by an application, complies with the requirements of applicable ordinances or meets special conditions of a variance or conditional use permit. The applicable ordinance will specify the development activities that need to have such a permit.
PERMITTED USEAny use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PREMISESA lot together with all structures thereon.
PRINCIPAL STRUCTUREThe main or primary structure on a land area that is utilized for the property's principal use.
PRINCIPAL USEThe main or primary use of a land area as distinguished from an accessory use.
PROFESSIONAL HOME OFFICESThe office of a practitioner of a recognized profession that is located in the practitioner's place of permanent residency.
PROPERTYA land area together with all structures thereon.
PUBLIC LANDLand owned or operated by a municipality, school district, county, state, or other governmental unit.
RAILROAD YARDAn open area for the storage and repair of railroad cars and engines, excluding those areas utilized for the sole purpose of movement and/or transportation of said railroad cars and engines.
ROADSIDE FARM STANDA structure used solely for the sale of farm products produced on the premises.
RUMMAGE SALEAny display of used goods, on a property customarily used as a residence, that does not exceed four days in duration and occurs no more than once every four months.
RUNOFFThe rainfall, snowmelt or irrigation water flowing over the ground surface.
RUNWAYA level portion of an airport having a surface specially developed and maintained for the landing and taking off of aircraft.
SATELLITE TELEVISION RECEIVING DISHA device for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna.
SCHOOLHas the same meaning as in Wisconsin Statutes; and includes public, private, vocational and technical.
SETBACKThe horizontal distance between the structure and an established lot line.
SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity, with parking provided on-site, provisions for goods delivery separated from the customer access, being developed in accordance with an approved plan.
SIGNAny object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
A. ENHANCEMENT FEATURESAny portion of a sign structure intended to improve the physical appearance of a sign, such as but not limited to roofs, moldings, lattice or other decorative features.
C. OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where the sign is displayed.
SITE PLANA map or graphics prepared to scale depicting the development of a land area, including, but not limited to, the location and relationship of the structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, existing and proposed grading, walkways, and other site development information as related to a proposed development.
SPECIFIED ANATOMICAL AREASA. Less than completely and opaquely covered:
(1) Human genitals, pubic region.
(3) Female breasts below a point immediately above the top of the areola.
B. Human male genitals in discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESA. Showing of human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
C. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
STABLEA structure in which domestic animals are sheltered and fed.
START OF CONSTRUCTIONThe date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORYThat portion of a structure included between the surface of any floor and the surface of any floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement level having more than 1/2 of its wall surface area height above grade shall be deemed a story for purposes of height regulation.
STORY, HALFThat portion of a structure under a roof line that intersects the wall plates not more than 4 1/2 feet above the floor level of such story.
STRUCTURAL ALTERATIONAny work on the existing structure or parts thereof beyond ordinary maintenance and repair such as but not limited to sheathing, studs, plates stringers, rafters, joists, subfloor, foundation and any others similar to this, but does not include any expansion or replacement of the structure.
STRUCTUREA combination of materials that form a structure, permanently or temporarily placed, for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
STRUCTURE HEIGHTThe vertical distance of a structure measured from the average elevation of the finished grade contiguous to the structure to the highest point of the roof or significant appurtenances.
SUBSTANTIAL EVIDENCEFacts and information, other than merely personal preferences 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.
TRACTA contiguous area of land within a parcel, the owner of the tract being the same owner as the parcel. The tract(s) within the parcel is created by a street, highway, railroad, waterway or other physical feature that causes the acreage of the parcel to be physically separated.
UNNECESSARY HARDSHIPA criteria reviewed during a variance proceeding. Unnecessary hardship is defined differently for the following types of variances:
A. Use variance, requires that the test of "no reasonable use in the absence of a variance" be applied to determine if there is an unnecessary hardship.
B. Area variance, requires that the test of "whether compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome" be applied to determine if there is an unnecessary hardship.
USEThe purpose or activity for which the land or structure thereon is occupied, utilized or maintained.
UTILITIESAny agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewerage collection, or other similar service.
VARIANCEAn authorization by the body of jurisdiction to deviate from the strict interpretation of the standards of an ordinance, when criteria are met to allow such deviation from such standards.
VISION CLEARANCE TRIANGLEA supplemental setback at the intersection of two or more roads for the purpose of preserving a clear line of sight across the sectors of such intersection(s).
WAREHOUSEA structure used primarily for storage of goods and materials.
WIRELESS COMMUNICATIONS FACILITIES(1) A land area containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment; (2) a Federal Communications Commission (FCC) licensed facility, designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communication devices and equipment.
A. ALTERNATIVE TOWER STRUCTUREMan-made structures such as, but not limited to, clock towers, bell steeples, light poles, silos and similar mounting structures.
B. ANTENNAA device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures.
C. COLLOCATIONThe provision of multiple antennas of more than one commercial wireless communication service provider or government entity on a single tower or alternative tower structure.
D. FAAFederal Aviation Administration.
E. FCCFederal Communications Commission.
F. HEIGHTWhen referring to a tower or other alternative tower structure, the distance measured from the grade to the highest point on the tower or other structure, including the base pad.
I. TOWERAny structure that is designed and constructed for the purpose of supporting one or more antennas and related equipment used to transmit and/or receive signals. The term includes the structure and any support thereto.
YARDThe open land area lying between the structure and the lot line of the property.
A. YARD, STREETThe open land area across the full width of the property between the front street lot line and the nearest point of the structure.
B. YARD, REARThe open land area across the full width of the property between the rear lot line and the nearest point of the structure.
C. YARD, SIDEThe open land area between the adjacent side lot line and the nearest point of the structure and extending from the street yard to the rear yard.
ZERO LOT LINEThe instance where a structure is allowed to be constructed over a lot line of two adjoining land areas.
ZONING AMENDMENTA change of the zoning map or zoning text authorized by the County, either in the allowed use within a district or in the boundaries of a district.
ZONING DISTRICTAn area within the limits of the County for which the regulations and requirements governing use are uniform.
ZONING DISTRICT, OVERLAYA zoning district that encompasses one or more underlying zoning districts and that imposes additional regulations and requirements beyond those of the underlying zoning district.
ZONING MAPThe map or maps incorporated into the applicable ordinance as a part thereof designating the boundaries of the zoning districts.