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Slinger City Zoning Code

ARTICLE XVI

Terminology

§ 550-125 Word usage.

For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense in this chapter include the future. The word "person" includes a firm, association, partnership, trust, company, or corporation, as well as an individual. The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any words not defined in this section shall be presumed to have their customary dictionary definitions.

§ 550-126 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
ALLEY
A special public right-of-way affording only secondary access to abutting properties.
AQUIFER
A saturated permeable geologic formation that contains and will yield significant quantities of water.
ARTERIAL STREET
A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways, as well as highways and parkways.[2]
BUILDING HEIGHT
The 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 the roof.
BUSINESS WAREHOUSE
A building(s) used primarily for the storage of pre-consumer business generated goods and materials, raw material production/manufacturing supplies, and/or as a transfer or distribution center. A business warehouse is commonly characterized by its loading-dock-type access orientation.
[Added 4-17-2023 by Ord. No. 04-02-2023]
CELLULAR AND DIGITAL COMMUNICATION ANTENNAS AND TOWERS
Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.
COMMUNITY-BASED RESIDENTIAL FACILITY (CBRF)
A community living arrangement licensed and operated under the authority of the State of Wisconsin, and subject to requirements as defined and described in Wisconsin statutes. Said requirements in Wisconsin statutes as may be applicable to CBRFs are incorporated herein for purposes of regulation of such facilities under this section.
COMMUNITY LIVING ARRANGEMENTS (CLA)
A facility licensed and operated under the authority of the State of Wisconsin including group homes for children, foster homes, treatment foster homes, adult family homes, and community-based residential facilities, but not including nursing homes or day-care facilities.
CONDITIONAL USES
Use of a special nature as to make impractical its predetermination as a principal use in a district.
CONE OF DEPRESSION
A roughly conical concavity (or dimple) in the water table (unconfined aquifer) around a pumping well.
CORNER LOT
A 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. Corner lots shall have two street yards and two side yards. Corner lots with three street yards shall have only one side yard.
DECKS, POOL
Any structure which serves as a raised horizontal platform on a floor constructed of wood or other materials, attached or adjacent to the exterior wall of a pool.
DECKS, UNCOVERED
Any structure which serves as a raised horizontal platform on a floor constructed of wood or other materials, attached or adjacent to the exterior wall of a building without enclosing walls or roof.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or deposition of materials.
DISTRICT
A part or parts of the Village for which the regulations of this chapter governing the use and location of land and buildings are uniform (such as residential, commercial, and industrial district classifications).
DOUBLE-FRONTAGE LOT
A parcel of land other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water. Double-frontage lots shall be deemed to have two front yards and no rear yard.
DOUBLE-WIDE MOBILE HOME
A double-wide mobile home is a mobile home consisting of two mobile home sections combined horizontally at the site while still retaining their individual chassis for possible future movement.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one family which is a minimum of 24 feet in width, has a roof with a minimum slope of 3:12, and is on a permanent foundation meeting the state one- and two-family dwelling code. This definition includes manufactured homes but excludes mobile homes constructed prior to June 15, 1976.[3]
EQUAL DEGREE OF HYDRAULIC ENCROACHMENT
The effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation assures that property owners up, down, or across the river or stream will have the same rights of hydraulic encroachment. Encroachments are analyzed on the basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.
ESSENTIAL SERVICES
Services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pump lift stations, and hydrants.[4]
FAMILY
One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit who are not related by blood, adoption or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:[5]
A. 
The group shares the entire dwelling unit.
B. 
The group lives and cooks together as a single housekeeping unit.
C. 
The group shares expenses for food, rent, utilities or other household expenses.
D. 
The group is permanent and stable and not transient or temporary in nature.
E. 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
This definition is not intended to prohibit group homes or community living arrangements that are determined to be protected by the Federal Fair Housing Law, provided that such facilities are licensed and permitted under the authority of the State Department of Health Services or the State Department of Children and Families or other state department or agency.
FLOOD STAGE
The elevation of the floodwater surface above an officially established datum plane, which is mean sea level datum (National Geodetic Vertical Datum), 1929 Adjustment.
FLOODLAND
All lands contained in the "regional flood" or one-hundred-year recurrence interval flood.
FRONTAGE
The smallest dimension of a lot abutting another lot or a public street measured along the appropriate lot line or street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.
GARAGE, PRIVATE
A structure primarily intended for, and used for, the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises. Carports are considered garages.
GARAGE, PUBLIC OR COMMERCIAL
Any garage other than a private garage.
GREEN SPACE
Areas defined as green space throughout this chapter shall refer to areas without structures, parking surfaces, patios, decks, pools, driveways, accessory structures and shall include lands in the Conservancy, Floodplain and Shoreland Zoning and designated out lots within any zoning districts. However, Conservancy, Floodplain and Shoreland classified areas and designated out lots shall only comprise 30% total green space required by this chapter. Developers may provide common green space in any subdivision, business park, or industrial park to partially offset individual lot requirements. The developer will be required to provide documentation as to how this common green space is to be divided amongst the lots.
GROUP HOME
A household unit of more than five unrelated persons living in a single dwelling unit under the supervision of a responsible adult or married couple. Such households may also be referred to as "halfway houses."
HALF STORY
The space under any roof except a flat roof, which, if occupied for residential purposes, shall be counted as a full story.
HAZARDOUS/TOXIC SUBSTANCE
Any substance which is ignitable, corrosive, acute hazardous, reactive, EPA toxic, or toxic as defined in the Ch. NR 181, Wis. Adm. Code.
HOME INDUSTRY
A home industry that is carried out in a structure separate from the principal structure; or the manufacture or assembly of a product, often on a contract basis, in a residence; or an occupation of a more intense nature than is normally defined as a home occupation; and shall be limited by the standard for home occupations set forth in § 550-13E.
HOME OCCUPATION AND PROFESSIONAL HOME OFFICES
A business, profession, occupation or trade conducted for compensation entirely inside a residential dwelling or inside a structure accessory thereto. Such use shall be accessory to the use of the dwelling as a residence and shall not change the residential character of the dwelling.
[Amended 9-21-2015 by Ord. No. 08-02-2015]
JUNK OR SALVAGE YARD
An area consisting of buildings, structures, or premises where junk waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
LEGAL NONCONFORMING STRUCTURE
A dwelling or other structure that existed lawfully at the time of effective date of the Zoning Ordinance or amendments thereto which does not conform with one or more provisions of the Zoning Ordinance for the district in which it is located.
[Added 3-20-2017 by Ord. No. 02-01-2017]
LEGAL NONCONFORMING USE
A use of land, water, or of a dwelling or other structure that existed lawfully at the time of the effective date of the Zoning Ordinance or amendments thereto which does not conform to the use restrictions of the Zoning Ordinance.
[Added 3-20-2017 by Ord. No. 02-01-2017]
LOADING AREA
A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley for the temporary parking of a commercial vehicle while loading or unloading cargo.
LOT
For the purposes of this chapter, a lot shall be defined as a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes shall be included in the computation of lot size for the purposes of this chapter.
LOT WIDTH
The width of a parcel of land measured at the setback line.
MINI-WAREHOUSE
Shall have the same meaning as "self-storage facility."
[Added 4-17-2023 by Ord. No. 04-02-2023]
MOBILE HOME
A mobile home is a transportable structure, being eight feet or more in width (not including the overhang of the roof) or 32 feet or more in length (not including the overhang of the roof), built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.
MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.
MOTEL
A series of attached, semiattached, or detached sleeping units for the accommodation of transient guests.
MULTIPLE-FAMILY DWELLING
A residential building designed for, or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.
NONCONFORMING USES OR STRUCTURES
Any 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.
NORMAL HIGH-WATER MARK
A line of reference commonly identified as being where the land is coterminous to the normal high-water elevation. For the purposes of this chapter, the normal high-water mark is defined as the line where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the human male genitals in a discernibly turgid state even if completely or opaquely covered.
OFFICIAL LETTER OF MAP AMENDMENT
Official notification from the Federal Emergency management Agency (FEMA), that a Flood Hazard Boundary Map or Flood Insurance Rate Map has been amended.
PARKING LOT
A structure or premises containing 10 or more parking spaces. Such spaces may be for rent for a fee.
PARTIES IN INTEREST
Includes all abutting property owners, all property owners within 100 feet and all property owners of opposing frontage.
PROFESSIONAL OFFICES
Offices where professional business is conducted in a singular or multiple use setting.
REACH
A longitudinal segment of a stream generally including those floodlands wherein flood stages are primarily and commonly controlled by the same man-made or natural obstructions to flow.
REAR YARD
A 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 street yard.
RECHARGE AREA
The total area relative to a point of groundwater use in which water falling on or discharging to the ground may move via ground or surface waters to that point of use.
RETAIL SALES
Sale of material stocked and/or manufactured on site to the public.
ROW HOUSE or TOWNHOUSE
A row of two to eight attached, one-family, party-wall dwellings, each having individual entrances and not more than three rooms in depth measured from the building line.
SELF-STORAGE FACILITY
A building or group of buildings that contains individually controlled access storage units. Such units may be owned or leased for the storage of household or personal goods, vehicles, recreational vehicles, boats, business supplies, or contractor supplies. No sales, service, repair, habitation, fabrication or manufacturing activities are permitted in such storage units or on the premises.
[Amended 4-17-2023 by Ord. No. 04-02-2023]
SETBACK or STREET YARD
A 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.
SEXUAL CONDUCT
Acts or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breasts.
SIDE YARD
A yard extending from the street yard to the rear yard of the lot, the 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.
SIGNS
Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything 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 street or highway.
STORAGE CAPACITY
The volume of space available above an area of floodplain fringe and for the temporary storage of flood water.
STORY
That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there be no floor above it, the space between the floor and the ceiling next above it.
STREET
A public right-of-way not less than 50 feet wide providing primary access to abutting properties.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
STRUCTURE
Any erection or construction, such as buildings, towers, masts, poles, booms, signs, carports, machinery, and equipment.[6]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however, included either: any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.
SUSTAINED YIELD FORESTRY
Management of forested lands to provide annual or periodic crops of forest products.
TWO-FAMILY DWELLING
A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families.
UTILITIES
Utility structures associated with the provision of sewer, water supply electrical or telephone service or other similar services.
YARD
An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.
[1]
Editor's Note: The definitions of "A Zones," "flood," "flood profile," "flood protection elevation," "floodproofing" and "regional flood," which originally appeared in this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see § 481-37 in the Floodplain Management chapter of the Code for definitions of those terms.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).