Shawano City Zoning Code
ARTICLE I
Introduction and Definitions
§ 10-1 Title.
This chapter shall be known, cited, and referred to as the City of Shawano Zoning Ordinance, except where as referred to herein, where it shall be known as "this chapter."
§ 10-2 Authority.
This chapter is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific statutory references are provided within the body of this chapter solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this chapter. State Law References: §§ 62.23(7), 62.231, 87.30, Wis. Stats.
§ 10-3 Purpose and intent.
This chapter is adopted for the purpose of protecting the health, safety, morals, comfort, convenience, and general welfare of the public. This chapter is designed to control and lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote adequate light and air; to protect groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve, protect, and promote property values; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public facilities; and to preserve burial sites as defined in § 157.70(1)(b), Wis. Stats. It is also the intent of this chapter is to implement certain goals and objectives of the City of Shawano Comprehensive Plan, which are best addressed through zoning approaches, as enabled by Wisconsin Statutes.
§ 10-4 Separability; nonliability.
(1)
It is hereby declared to be the intention of the City of Shawano Common Council that provisions of this chapter are separable in accordance with the following:
(a)
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in said judgment.
(b)
If any court of competent jurisdiction shall adjudge invalid the application of any portion of this chapter to a particular property, water, building, or structure, such judgment shall not affect the application of said provision to any other property, water, building, or structure not specifically included in said judgment.
(c)
If any requirement or limitation attached to an authorization given under this chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization shall also be invalid.
(2)
The City does not guarantee, warrant, or represent that only those areas designated as floodplain will be subject to periodic inundation and hereby asserts that there is no liability on the part of the City, its officers, employees, agents, or representatives for any flood damages, sanitation problems, or structural damages.
§ 10-5 Abrogation.
It is not intended that this chapter abrogate or interfere with any constitutionally protected vested right. It is also not intended that this chapter abrogate, repeal, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law.
§ 10-6 Rules of interpretation.
(1)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare, and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now possessed by the City of Shawano.
(2)
Where property is affected by the regulations imposed by any provision of this chapter and by other governmental regulations, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this chapter, no land shall be developed or used, and no structure erected or maintained, in violation of any state or federal regulations. Where there are conflicts between or among regulations within this chapter, the regulations that are more restrictive or which impose higher standards or requirements shall prevail. In all instances, where there are conflicts between the text of this chapter and any tables or figures of this chapter, the text shall prevail.
(3)
No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit, except structures not requiring a building permit (e.g., swing set, clothesline, etc.), and without full compliance with the provisions of this chapter and all other applicable local, county, and state regulations.
(4)
Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof for which a building permit has been issued before the effective date of this chapter, and the construction of which shall have been started within one year from the date of such permit.
(5)
Except as provided in this chapter, under provisions for nonconforming uses, nonconforming developments, substandard lots, and nonconforming structures and buildings (See Article V.), no building, structure, development, or premises shall be hereinafter used or occupied, and no applicable permit granted, that does not conform to the requirements of this chapter. In cases of mixed-occupancy or mixed-use, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used.
(6)
Except for out-lots authorized under Chapter 18, Subdivision and Platting, to contain protected green space area, no yard or other open space area shall be considered as providing a yard or open space for a building or structure on any other lot.
§ 10-7 Jurisdiction.
This chapter is applicable to all territory located within the corporate limits of the City of Shawano.
§ 10-8 Reenactment and repeal.
(1)
This chapter, in part, carries forward by reenactment some of the provisions of the regulations governing zoning and related matters previously known collectively as the "General Zoning Code," Chapter 10 of the Code of Ordinances for the City of Shawano, adopted prior to the effective date of this chapter. It is not the intention of this chapter to repeal, but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this chapter or altered by the Official Zoning Map.
(2)
All provisions of Chapter 10 of the City of Shawano Code of Ordinances which are not reenacted herein are hereby repealed.
(3)
The adoption of this chapter shall not adversely affect the City's right to prosecute any violation of the predecessor Zoning Code, provided that the violation occurred while that chapter was in effect.
§ 10-9 When effective.
This chapter shall become effective upon passage and posting according to law, following the date of repeal and reenactment of the Official Zoning Map. All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one year after the effective date of this chapter, except where subject to developer agreement provisions.
§ 10-10 Word usage.
The interpretation of this chapter shall abide by the provisions and rules of this section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent of this chapter.
(1)
Words used or defined in one tense or form shall include other tenses and derivative forms.
(2)
Words in the singular number shall include the plural number, and words in the plural number shall include the single number.
(3)
The masculine gender shall include the feminine, and vice versa.
(4)
The words "shall," "must," and "will" are mandatory.
(5)
The words "may," "can," and "might" are permissive.
(6)
The word "person" includes individuals, firms, corporations, partnerships, associations, trusts, and any other legal entity.
(7)
The word "City" shall mean the City of Shawano, Wisconsin.
(8)
The word "county" shall mean the County of Shawano, Wisconsin.
(9)
The word "state" shall mean the State of Wisconsin.
(10)
The words "Plan Commission" shall mean the City of Shawano Plan Commission.
(11)
The word "Council" shall refer to the City of Shawano Common Council.
(12)
The words "Board" or "Board of Appeals" shall refer to the City of Shawano Zoning Board of Appeals.
(13)
If there is any ambiguity between the text of this chapter and any illustration or figure, the text shall control.
§ 10-11 Abbreviations.
The following abbreviations in this chapter are intended to have the following meanings:
Abbreviation | Meaning |
|---|---|
CUP | Conditional use permit |
ft | Foot |
GSA | Gross site area |
ISR | Impervious surface ratio |
LSR | Landscape surface ratio |
MGD | Maximum gross density |
MLA | Minimum lot area |
N/A | Not applicable |
NDA | Net developable area |
sq. ft. | Square feet |
Wis. Stats. | Wisconsin Statutes |
§ 10-12 Definitions.
The following words, terms and phrases, wherever they occur in this chapter, shall have the meanings ascribed to them by this section. Definitions provided by this section include:
ACCESS
A means of providing vehicular or nonvehicular egress from or ingress to a property, highway, or private roadway.
ACCESSORY STRUCTURE, ATTACHED
An accessory structure which is physically connected to the principal building. Attached accessory structures shall be considered part of the principal structure and are subject to the setback standards for the principal structure.
ACCESSORY STRUCTURE, DETACHED
An accessory structure which is not physically connected to the principal building. A minor attachment does not render an accessory structure attached. Examples of minor attachments include, but are not limited to, decks 18 inches or less above grade, arbors and fences, and similar open unclosed structures such as breezeways over the pedestrian pathway between structures and no wider than five feet.
ACCESSORY STRUCTURE, NONRESIDENTIAL
A structure subordinate to the principal building which is located on the same nonresidential parcel.
ACCESSORY STRUCTURE, RESIDENTIAL
A structure subordinate to the principal building which is located on the same residential parcel. Accessory residential structures include garages, carports, other parking spaces, swimming pools, tennis courts, and toolsheds. Accessory structures in residential districts shall not involve the conduct of any business, trade, or industry, except as defined as a home occupation and shall not include the boarding of animals or the keeping of fowl or farm animals. The post of a carport is considered the wall for setback purposes.
ACCESSORY USE
A use subordinate to the principal use of a building and serving a purpose customarily incidental to the use of the principal land use. Accessory uses in residential districts shall not involve the conduct of any business, trade, or industry, except as defined as a home occupation and shall not include the boarding of animals or the keeping of fowl or farm animals.
ACRE
Forty-three thousand five hundred sixty square feet.
ADDITION
Any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load-bearing wall. Any walled and roofed addition connected by a fire wall or that is separated by independent perimeter load-bearing walls is new construction.
AIRPORT
The Shawano Municipal Airport located in Section 28, T27N, R16N, Shawano County.
AIRPORT HAZARD
Any structure, object, or natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing and taking off, as described in § 10-94.
ALLEY
A minor public street or thoroughfare providing secondary access to a property. Alley access does not constitute frontage for the purposes of minimum lot frontage.
ANIMAL UNIT
A measure which represents a common denominator for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the maximum carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following figure indicates the number of common farm species which comprise a single animal unit:
Figure 10-12a Animal Units | |
|---|---|
Type of Livestock | Number of Animals/Animal Unit |
Horse (more than 2 years) | 1 |
Colt (less than 2 years) | 2 |
Cattle (more than 2 years) | 1 |
Cattle (less than 2 years) | 2 |
Calves (less than 1 years) | 5 |
Brood sow or boar | 2 |
Hogs (up to 220 pounds) | 3 |
Sheep | 10 |
Lambs | 14 |
Chickens: egg layers | 30 |
Chickens: fryers | 60 |
Turkeys | 50 |
Source: The Stockman's Handbook | |
APPEAL
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter as expressly authorized by the provisions of § 10-186.
BASEMENT
That portion of a building between the floor and ceiling, having at least 1/2 of its height below grade.
BLOCK
The property abutting the street between the two nearest intersecting or intercepting streets. A railroad right-of-way, the boundary line of unsubdivided acreage, or a body of water shall be regarded the same as an intersecting or intercepting street for the purpose of defining a "block."
BOATHOUSE
A structure used for the storage of watercraft and associated materials which has one or more walls or sides.
BUFFER YARD
Any permitted combination of distance, vegetation, fencing, and berming which results in a reduction of visual and other interaction with an adjoining property.
BUILDING
A structure with a permanent location on the land, having a roof that may provide shelter, support, protection, or enclosure of persons, animals, or property of any kind.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory buildings, including all structures with a roof.
BUILDING HEIGHT
The vertical distance from the highest grade level at the front wall of the building to the highest point of the roof.
BUILDING INSPECTOR
The inspector of the City of Shawano.
BUILDING SEPARATION
The narrowest distance between two buildings. (See "minimum building separation.")
BUILDING, PRINCIPAL
A building in which the main or principal use of the lot is conducted.
BULK
The combination of building height, size, and location on a lot.
CALIPER
A measurement of the size of a tree equal to the diameter of its trunk measurement four feet above natural grade.
CO-WORKING SPACE
A type of work place that involves a shared working environment, often an office and independent activity. Unlike in a typical office environment, those co-working are usually not employed by the same organization.
COMPREHENSIVE PLAN
The long-range master plan for the desirable use and development of land in the City as officially adopted and as amended from time to time by the Commission and certified to the Council.
CONDOMINIUM
An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with separate interest in space. A condominium may include, in addition, separate interest in other portions of such property.
DECK
A structure that has no roof or walls and is considered part of a building or structure. Setbacks shall be measured from the post of the deck.
DENSITY
A term used to describe the number of dwelling units per acre.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; deposition of materials; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this chapter.
DWELLING
A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses, such as lodging uses and commercial campgrounds.
DWELLING UNIT
A room or group of rooms providing or intended to provide permanent living quarters for not more than one family.
DWELLING, ATTACHED
A dwelling joined to another dwelling at one or more sides by a shared wall or walls.
DWELLING, DETACHED
A dwelling entirely surrounded by open space on the same lot.
EASEMENT
Written authorization, recorded in the Register of Deeds office, from a landowner authorizing another party to use any designated part of the land owner's property for a specified purpose.
EXTRATERRITORIAL AREA
The area outside of the City limits in which the City of Shawano may exercise extraterritorial powers of planning, land division, and/or zoning review.
FACADE
The wall planes of a building which are visible from one side or perspective (e.g., front, side, rear).
FAMILY
A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, other than in an adult family home or CBRF or other institutional facility. No such group shall contain over three persons, except ones related by blood, adoption, marriage, or that are legally cared for. The following uses are not considered a dwelling unit: a group occupying a boardinghouse, motel, hotel, club, fraternity, or sorority house, or other similar uses.
FARM BUILDING
Any building, other than a dwelling unit, used for storing agricultural equipment or farm produce or products, having livestock or poultry, or processing dairy products.
FLOOR AREA
The sum of the gross horizontal areas of the floors of a building, including interior balconies, mezzanines, basements, and attached accessory buildings, stairs, escalators, unenclosed and enclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms or loading space. Measurements shall be made from the outside of the exterior walls and to the center of interior walls dividing attached buildings.
FOOTCANDLE
A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
GARAGE
An accessory building or portion of a building in which one, but not more than four, motor vehicles are housed.
GROSS DENSITY
The result of dividing the number of dwelling units located on a site by the gross site area. (See "maximum gross density.")
GROSS FLOOR AREA
The total floor area on all levels of a building.
GROSS SITE AREA (GSA)
The total area of a single lot or the sum of multiple lots.
GROUP DEVELOPMENT
See § 10-118.
IMPERVIOUS SURFACE
Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures with roofs, as well as concrete, brick, stone, asphalt, gravel, and similar surfaces are considered impervious.
IMPERVIOUS SURFACE RATIO
A measures of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.
INTENSITY
A term used to describe the amount of gross floor area or landscaped area on a lot or site compared to the gross site area.
LANDMARK
Any identified improvement, which has a special character or special historic interest or cultural value as part of the heritage of the City.
LANDSCAPE SURFACE AREA RATIO (LSR)
The percentage of the gross site area or lot area which is preserved as protected landscaped area.
LANDSCAPED AREA
The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced ground covers, shrubs, bushes, and trees. The landscaped area includes the area located within planted and continually maintained landscaped planters.
LARGE DEVELOPMENT
See § 10-118.
LOT
A parcel of land having frontage on a public or private 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 AREA
The area contained within the property boundaries of a recorded lot.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT FRONTAGE
Lot width measured at each street lot line.
LOT LINE
The property line (including the vertical plane established by the line and the ground) bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.
LOT LINE, FRONT
A lot line which abuts a public or private street right-of-way. In the case of a lot which has two of more street frontages, the lot line along the street from which the house is addressed shall be the front lot line. (See also "lot line, street side.") See Figure 10-12b.
Figure 10-12b Lot Descriptions  |
LOT LINE, REAR
In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or street, the rear lot line shall be established at the time of subdivision or lot creation or shall be assigned by the Zoning Administrator. See Figure 10-12b.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a street side lot line. A side lot line separating a lot from another lot is called an interior side lot line. See Figure 10-12b.
LOT LINE, STREET SIDE
Any lot line which abuts a public or private street right-of-way which is not the front lot line. (See also "lot line, front.") See Figure 10-12b.
LOT OF RECORD
A platted lot or lot described in a certified survey map or in a metes and bounds description which has been approved by the City or by Shawano County, and has been recorded in the office of the Register of Deeds.
LOT WIDTH
The maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard. (See "minimum lot width.")
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lines is the "corner."
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel streets (also "double-frontage"). See Figure 10-12b.
MANUFACTURED HOME
A one- or two-family home certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 through 5426, which when placed on the site is set on an enclosed foundation in accordance with § 70.043(1), Wis. Stats., and Subchapters III, IV, and V of Chapter COMM 21, Wis. Adm. Code, or a comparable foundation as approved by the Building Inspector, is installed according to manufacturer's instructions, is properly connected to utilities, has asphalt or metal shingles and a gable or hip roof, has insulated glass windows, has vinyl, aluminum or other quality siding, and is a minimum of 22 feet wide. For purpose of enforcement of this chapter, manufactured homes shall be allowed as permitted and conditional uses where single-family residences and two-family residences are allowed as permitted and conditional uses; also known as a "modular home."
MAXIMUM BUILDING SIZE (MBS)
The largest permitted total gross floor area a building may contain.
MAXIMUM GROSS DENSITY (MGD)
The maximum number of dwelling units permitted per acre of gross site area. (See "gross density.")
MINIMUM BUILDING SEPARATION
The narrowest permitted building separation.
MINIMUM LANDSCAPE SURFACE AREA RATIO (LSR)
The lowest permitted landscape surface area ratio. (See "landscape surface area ratio.")
MINIMUM LOT AREA (MLA)
The minimum size lot permitted within the specified zoning district.
MINIMUM LOT WIDTH
The smallest permissible lot width for the applicable zoning district.
MINIMUM SETBACK
The narrowest distance permitted from a street, side, or rear property line to a structure.
MIXED USE
Some combination of residential, commercial, industrial, office, institutional, and/or other land uses within a district or development.
MOBILE HOME
A transportable, factory-built home designed to be used as a single-family, year-round residential dwelling and built to the Manufacturing Housing Construction and Safety Standards Act of 1974.
NAVIGABLE WATER
All natural inland lakes, rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of Wisconsin, including the Wisconsin portion of boundary waters, which are navigable under the laws of Wisconsin. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis.
NET DEVELOPABLE AREA (NDA)
The area of a site which may be disturbed by development activity. Net developable area is the result of subtracting undevelopable area from the gross site area.
NONCONFORMING BUILDING OR STRUCTURE
Any building or other structure which was lawfully existing under ordinances or regulations preceding this chapter, but which would not conform to this chapter if the building or structure were to be erected under the provisions of this chapter.
NONCONFORMING DEVELOPMENT
A lawful development approved under ordinances or regulations preceding the effective date of this chapter, but which would not conform to this chapter if the development were to be created under the current provisions of this chapter.
NONCONFORMING LOT
A lot which does not comply with the minimum lot area or width requirements of the district in which it is located.
NONCONFORMING USE
An active and actual use of land, buildings, or structures which was lawfully existing prior to the enactment of this chapter, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this chapter.
NONRESIDENTIAL USE
The individual uses listed under "agricultural land uses," "institutional land uses," "commercial land uses," "industrial land uses," "storage land uses," "transportation land uses," "extraction and disposal land uses," and "energy production land uses" in Article III.
NOXIOUS MATTER OR MATERIALS
Material capable of causing injury to living organisms by chemical reaction, or that is capable of causing detrimental effects on the physical or economic well-being of individuals.
OFFICIAL ZONING MAP
The map adopted and designated by the City as being the "Official Zoning Map."
OPACITY
The degree to which vision is blocked by buffer yard. Opacity is the proportion of a buffer yard's vertical plane which obstructs views into an adjoining property.
OTHER PROTECTED GREEN SPACE
Protected green space areas which are not constrained by one of the protected natural resources (i.e., wetlands, floodplains, steep slopes, lakeshores, and woodlands). Examples include portions of private lots, out-lots, or parcels commonly held by a property owners' association, which are deed restricted from site disruption.
OUTDOOR WOOD FURNACE
An outdoor accessory structure designed to heat water through a wood fire and then transmit that heated water to the principal building for direct use and/or heating the principal building.
OVERLAY ZONING DISTRICT
A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts.
OWNER
The person, persons, or entity having the right of legal title to a lot or parcel of land.
PARAPET
The extension of a false front or wall above the roofline.
PARCEL
Any contiguous quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit. Parcel includes an easement supporting or related to a primary parcel and a condominium unit. Only one such designation by the owner shall be allowed under this chapter.
PAVED/PAVEMENT
Hard solid surface of concrete, asphalt, paving brink or stone designed for pedestrian and vehicle traffic and other similar nongranular surfaces. (NOTE: Gravel and other crushed materials are not considered pavement.)
PERFORMANCE STANDARD
Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings.
PIER
Any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter, boat hoist, boat lift, and the hoist, lift, or shelter may be permanent or may be removed seasonally. See also "wharf."
PORCH
A covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. The post of the porch is considered the wall for setback purposes.
PUBLIC IMPROVEMENT
Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs, such as: streets, roads, alleys, or pedestrian walks or paths; storm sewers; flood control improvements; water supply and distribution facilities; sanitary sewage disposal and treatment; and public utility and energy services.
REGIONAL FLOOD
A flood determined by the United States Army Corps of Engineers which is representative of large floods known to have occurred generally in Wisconsin and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has an average frequency in the order of the 100-year recurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region.
RESIDENTIAL USE
The individual uses listed under "dwelling unit type" in § 10-55.
SCALE (OF DEVELOPMENT)
A term used to describe the gross floor area, height, or volume of a single structure or group of structures.
SETBACK
The shortest distance between the exterior of a building or structure and the nearest point on the referenced lot line, excluding permitted intrusions per § 10-73.
SITE AREA
See "gross site area."
SLOPE
An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. (Example: 3:1 slope is three feet horizontal and one foot vertical).
START OF CONSTRUCTION
The date the building permit is issued, provided that the actual start of activity was within 365 calendar days of the permit date. The actual start of activity means either the first placement of permanent construction of a structure on the site, such as the pouring of a slab or footings, the installation of piles, or the construction of columns. 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 basement, footings, piers, or foundations; nor does it include 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 part of the main structure.
STEEP SLOPE
Steep slopes are areas which contain a gradient of 12% or greater.
STORY
That portion of a building, other than a basement, that is between the surface of any floor and the surface of the next floor above it or, if there is not a floor above, then the space between such floor and the ceiling next above it.
STREET
A right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated and includes all of the area between the roadway or right-of-way lines.
STRUCTURE
Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excluding landscape features, fences, swimming pools, public utilities, and other minor site improvements.
SUBSTANDARD LOT
A lot of record which lawfully existed prior to this chapter, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this chapter.
TEMPORARY USE
A land use which is present on a property for a limited and specified period of time.
UNNECESSARY HARDSHIP
The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
USE
The purpose for which land or a building or structure is arranged, designed, or intended, or for which it is, or may be, occupied or maintained.
USE, PRINCIPAL
The main use to which a parcel is devoted and the main purpose for which the premises exists.
VARIANCE
A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.
VEHICLE
A machine propelled by power other than human power designated to travel along the ground, air or water by use of wheels, treads, runners, or slides, and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motor home, motorcycle, tractor, buggy, wagon, boat and aircraft.
WETLAND
An area that is saturated by surface water or groundwater, with vegetation adapted for life under those soil conditions. See also § 23.32(1), Wis. Stats.
WHARF
Any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter, boat hoist or boat lift, and the hoist, lift, or shelter may be permanent or may be removed seasonally. See also "pier."
WOODLAND
Areas of trees whose combined canopies cover a minimum of 80% of an area of one acre or more, as shown on USGS 7.5 minute topographic maps for the City of Shawano and its environs.
YARD
An open space, other than a courtyard, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD, FRONT
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
YARD, REAR
A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
YARD, SIDE
A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
YARD, STREET SIDE
For corner lots, the yard between the front and rear lot lines, extending from the street side lot line to the nearest part of the nearest principal building.
ZONING ADMINISTRATOR
The person authorized and charged by the City with the administration of this chapter.