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South Milwaukee City Zoning Code

ARTICLE V

Definitions

§ 15.28 Terms defined.

Certain words and terms used in this chapter are defined for the purpose thereof as hereinafter set forth. Any words not defined shall be construed as defined in the Building Code of the State of Wisconsin as promulgated from time to time by the Industrial Commission of the State of Wisconsin. Words used in the present tense include the future; words used in the singular number include the plural number; and words in the plural number include the singular number; and the word "shall" is mandatory.
A. 
Terms beginning with "A."
ACCESSORY BUILDING
A structure incidental to that of the main structure located on the same lot (i.e., garage, shed). Accessory buildings attached to the principal building by a breezeway, passageway, or similar means are part of the primary structure. They are subject to the regulations that apply to the principal building. Accessory buildings attached by structures less than 30 inches in height (e.g., patios, walks, pools, decks without railing) are not part of the primary structure and are subject to accessory building and structure regulations. The total impervious coverage of accessory buildings per lot shall not exceed the impervious coverage of the primary structure.
ACCESSORY DWELLING UNIT
An accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand- alone (i.e., detached) single-family home. ADUs go by many different names throughout the U.S., including accessory apartments, secondary suites, and granny flats. ADUs can be converted portions of existing homes (i.e., internal ADUs), additions to new or existing homes (i.e., attached ADUs), or new stand-alone accessory structures or converted portions of existing stand-alone accessory structures (i.e., detached ADUs).
ACCESSORY USE
See Subsection U, definition of "utility and accessory uses."
ADEQUATE SOD or SELF-SUSTAINING VEGETATIVE COVER
Maintenance of sufficient vegetation types and densities such that the physical integrity of the streambank or lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers of fallen leaves and woody debris.
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the Common Council to administer this chapter.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning given in § 281.16(1), Wis. Stats.
ALLEY
A public way which affords a secondary means of access to abutting property.
ASSEMBLY USES
Assembly uses include, among others, the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social, or religious functions; recreation; food or drink consumption; or awaiting transportation.
(1) 
A-1 — A-1 uses include assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures; the participation in or viewing of indoor sporting events and activities with spectator seating; or the participation in or viewing of outdoor activities.
(2) 
A-2 — A-2 uses include assembly uses intended for food and drink consumption, such as banquet halls; casinos; nightclubs; restaurants, cafeterias, and similar dining facilities including associated commercial kitchens; and taverns and bars. Also includes food trucks and similar mobile food vendors parked adjacent to the applicable zoning district.
(3) 
A-3 — A-3 uses include assembly uses intended for worship, recreation, amusement, and other assembly uses not classified elsewhere such as arcades; art galleries; courthouses; community halls; exhibition halls; funeral parlors; libraries; museums; or places of religious worship.
(a) 
SEXUALLY-ORIENTED ESTABLISHMENTSThe following regulations apply to adult amusement or entertainment establishments distinguished or characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct.
[1] 
No property owner may establish a sexually-oriented establishment within 1,000 feet of any R or E use.
[2] 
No areas depicting, describing, or relating to sexual conduct shall be visible from any of the adjacent properties or public rights-of-way.
[3] 
Property owners looking to establish a sexually-oriented establishment must file a security plan with the City that specifically describes the security staff, hours, and precautions the operator will follow. The City Police Chief, Fire Chief, and Zoning Administrator must unanimously approve the security plan before the City shall issue any certificate of occupancy.
ATLAS 14
The National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Precipitation-Frequency Atlas of the United States, Volume 8 (Midwestern States), published in 2013.
AVERAGE ANNUAL RAINFALL
A typical calendar year of precipitation as determined by the Wisconsin Department of Natural Resources for users of models such as WinSLAMM, P8 or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
B. 
Terms beginning with "B."
BASEMENT
A basement is a story wherein on every side of the building the average floor line is below the grade and the average ceiling height in every elevation is not more than five feet above such grade.
BMP (BEST MANAGEMENT PRACTICE)
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize sediment or pollutants carried in runoff to waters of the state.
BOARDING HOUSE
See "lodging house."
BOATHOUSE
As defined in § 30.121(1), Wis. Stats., means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.
BUILDING
A building is any structure built for the support, shelter or enclosure of persons, animals, or personal property of any kind; and when separated by a fire separation wall, each portion of such structure so separated shall be deemed a separate building.
BUILDING - PERMANENT
A building erected for a period to exceed one year.
BUILDING HEIGHT
Height of building is the vertical distance measured at the center line of its principal front from the established grade or from the natural grade to the level of the highest point of the building.
BUSINESS USES
Business uses include, among others, the use of a building for office, professional, or service-type transactions, including storage of records and accounts. Business uses include animal hospitals, kennels, and pounds; banks and financial services; automobile show rooms, car washes; civic administration; dry cleaning and laundry pick-up and delivery stations; food processing establishments and commercial kitchens not associated with restaurants, cafeterias, and similar dining facilities not more than 2,500 square feet (232 m2) in area; laboratories; outpatient healthcare; salons; showrooms; post offices; print shops; and professional services offices.
(1) 
AUTOMOTIVE SHOW ROOMSThe City classifies automobile show rooms without a repair component as a business use; however, the City classifies motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials under storage uses.
C. 
Terms beginning with "C."
CEASE AND DESIST ORDER
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit.
CLUBS AND LODGES
A nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. A club or lodge must either be registered as a 501(c)(3) with the Internal Revenue Service or provide sufficient documentation to the City that it is a bona fide nonprofit organization. It shall be permissible to serve food on such premises, provided that adequate dining room space and kitchen facilities are available and such facilities comply with applicable codes. Where properly licensed under existing City ordinance, the sale and/or consumption of intoxicating beverages by members of such club or lodge or their guests may be permitted. A club does not include an association of persons organized primarily to render a service customarily carried on as a business. All club premises or portions of buildings shall be subject to annual inspection as commercial space.
COMBINED SEWER SYSTEM
A system for conveying both sanitary sewage and stormwater runoff.
CONNECTED IMPERVIOUSNESS
An impervious surface connected to the waters of the state via a separate storm sewer, an impervious flow path, or a minimally pervious flow path.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a 20-year transportation improvement plan, is not a common plan of development.
COURT
An open space, other than a yard, unoccupied and unobstructed from the ground upward on the same lot with a building which is bounded on two or more sides by the walls of such building.
D. 
Terms beginning with "D."
DECK
An open, uncovered structure designed for gathering, entering, or exiting an adjoining structure, or for aesthetic purposes. Decks may be physically attached to or separate from the adjoining building. Covered or enclosed porches and decks shall be a part of the adjoining building and shall conform with the setback requirements for said adjoining building.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
DEVELOPMENT
Any 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 buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
DIRECT CONDUITS TO GROUNDWATER
Wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
DRAINAGE SYSTEM
One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
DRIVEWAY
A private road or paved area giving access from a public way leading to a house, garage or building.
DWELLING UNIT
One or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by one family for living purposes.
E. 
Terms beginning with "E."
EDUCATIONAL USES
Educational uses include, among others, the use of a building by six or more persons at any one time for educational purposes through the 12th grade. These uses include buildings, structures, or portions thereof occupied by more than five children older than 2.5 years of age who receive educational, supervision, or personal care services for fewer than 24 hours per day.
EFFECTIVE INFILTRATION AREA
The area of the infiltration system that is used to infiltrate runoff and does not include the area used for site access, berms, or pretreatment.
ELIGIBLE APPLICANT
A person, firm, corporation, or organization that has a freehold interest; a possessory interest entitled to exclusive possession; a contractual interest which may become a freehold possessory interest; or any exclusive possessory interest in the subject property.
ENCLOSED DECK
An enclosed deck shall be a deck that has the walls and/or roof closed/covered to the extent that it is a secondary building. Enclosed decks shall be considered a part of the adjoining structure and shall conform with applicable codes for same.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice, or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXCEPTIONAL RESOURCE WATERS
Waters listed in § NR 102.11, Wis. Adm. Code.
F. 
Terms beginning with "F."
FACTORY USES
Factory uses include, among others, the use of a building, structure, or a portion thereof for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair, or processing operations that the City does not classify as hazardous uses or storage uses. Example uses include building products, chemicals; clothing; commercial food and beverage operations not associated with restaurants, cafeterias, and similar dining facilities more than 2,500 square feet (232 m2) in area; dry cleaning and dyeing; electronics; filming without spectators; furniture; machinery; metals; plastics; printing; textiles; utility plants.
FAMILY
An individual or a group of individuals related by blood, marriage, court order or adoption, or a group of not more than four persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may also include not more than two boarders or roomers when the basic family unit is a group of related individuals as defined above.
FILTERING LAYER
Soil that has at least a three-foot-deep layer with at least 20% fines; or at least a five-foot-deep layer with at least 10% fines; or an engineered soil with an equivalent level of protection as determined by the regulatory authority for the site.
FINAL STABILIZATION
That all land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
FINANCIAL GUARANTEE
A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantees submitted to the City Engineer by the responsible party to assure that requirements of the ordinance are carried out in compliance with the stormwater management plan.
FLOOR AREA
The area within the exterior wall lines of any building provided that the floor area of a building used for dwelling purposes shall be the aggregate habitable area excluding attics not furnished as living quarters, basements or utility rooms, attached garages, unenclosed porches, breezeways and other unheated areas.
FLYWAY BARRIER
An obstacle like a fence, wall, or thick vegetation used to force bees to fly upwards when they leave a hive to avoid contact with people and reduce the risk of stinging.
FOWL
A chicken, duck, or quail.
FRONTAGE
All of the property abutting on a public street right-of-way.
G. 
Terms beginning with "G."
GARAGE - PRIVATE
An accessory building or part thereof or an accessory portion of the main building intended for and used to store the private motor vehicles of the person resident upon the premises and in which no business, service or industry connected directly or indirectly with motor vehicles is carried on.
GARAGE - STORAGE
A building or premises used for the storage only of motor vehicles pursuant to previous arrangements and not transients; when no equipment, parts, fuel, grease or oil is sold and vehicles are not required, rebuilt, serviced, hired or sold.
GAZEBO
An open or enclosed structure either standing alone or attached to a deck and used for gathering or aesthetic purposes. Gazebos shall be considered an accessory use and shall conform with applicable codes for same.
H. 
Terms beginning with "H."
HIGH-HAZARD USES
High-hazard uses include, among others, the use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with IBC 2024 Section 414, based on the maximum allowable quantity limits for control areas set forth in IBC 2024 Tables 307.1(1) and 307.1(2). High-hazard uses include the manufacturing, processing, generation, or storage of uses that pose a detonation, deflagration, combustion, or health hazards and semiconductor fabrication facilities and comparable research and development areas in which hazardous production materials (HPM) are used and the aggregate quantity of materials is in excess of those specified in IBC 2024 Tables 307.1(1) and 307.1(2).
HOME OCCUPATION USES
Home occupation uses include uses accessory to residential uses that allow residents to engage in customary home-based work activities while also helping to ensure that they do not subject neighboring residents to adverse impacts, such as excessive noise, traffic, or public safety hazards, that are not typical of the areas in which the home occupation use is located. The City classifies home occupation uses into HO-1 and HO-2. The City classifies group living (R uses), day cares (R or E uses), and bed and breakfasts (R uses) separately.
(1) 
HO-1HO-1 uses include those in which household residents use the dwelling unit they occupy as a place of work, but no employees, customers, or clients come to the site. The City limits the area devoted to conduct all HO-1 uses to 33% of the dwelling unit's floor area or 750 square feet, whichever is less.
(2) 
HO-2HO-2 uses include those in which household residents use the dwelling unit they occupy as a place of work and either one nonresident employee or customers come to the site. Customer visits may only take place between 7:00 a.m. and 7:00 p.m., and the City limits the area devoted to conduct all HO-2 uses to 49% of the dwelling unit's floor area or 1,000 square feet, whichever is less.
(3) 
(a) 
Any type of assembly, cleaning, maintenance or repair of vehicles or equipment with internal combustion engines or of large appliances;
(b) 
Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;
(c) 
Equipment supply or equipment rental businesses;
(d) 
Taxi, limo, van or bus services;
(e) 
Tow truck services;
(f) 
Eating or drinking places;
(g) 
Funeral or interment services;
(h) 
Animal care, grooming or boarding businesses; and
(i) 
Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.
(4) 
(a) 
HO uses may not change the character of the residential building they occupy or adversely affect the character of the surrounding neighborhood, including making any noise audible beyond the lot lines of the subject property.
(b) 
HO uses must lie entirely within the dwelling unit.
(c) 
HO uses may not display any window or other public material or merchandise.
(d) 
HO uses may not use or store hazardous substances, except at the "consumer commodity" level, as 49 CFR 171.8 defines that term.
(e) 
HO uses may only use licensed vehicles with a GVWR 14,000 pounds or below. HO uses may not park or store any other types of vehicles on the premises. The City permits deliveries and pickups by common carrier delivery vehicles (e.g., postal service, United Parcel Service, Fed Ex, et al.) of the type typically used in residential neighborhoods.
I. 
Terms beginning with "I."
IMPERVIOUS COVERAGE
The total square footage of structures, paving, and other hardscape surfaces which do not allow water directly into the soil.
IMPERVIOUS SURFACE
An area that releases as runoff all or a large portion of the precipitation that falls on it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved parking lots and streets are examples of areas that typically are impervious.
IN-FILL
An undeveloped area of land located within an existing urban sewer service area, surrounded by development or development and natural or man-made features where development cannot occur.
INFILTRATION
The entry of precipitation or runoff into or through the soil.
INFILTRATION SYSTEM
A device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.
INSTITUTIONAL USES
Institutional uses include, among others, the use of a building, structure, or a portion thereof, in which care or supervision is provided to persons who are or are incapable of self-preservation without physical assistance, persons are detained for penal or correctional purposes, or the liberty of the occupants is restricted. Institutional occupancies shall be classified as I-1, I-2, or I-3.
(1) 
I-1 — Institutional I-1 uses shall include buildings, structures, or portions thereof for more than eight people, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. I-1 uses shall include assisted living facilities; care facilities; hospitals, and nursing homes.
(2) 
I-2 — Institutional I-3 uses include buildings and structures inhabited people under restraint or security. I-2 uses included correctional centers; jails; and prisons.
(3) 
I-3 — Institutional I-3 uses include buildings and structures occupied by more the five persons of any age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians; relatives by blood, marriage, or adoption; and in a place other than the home of the person cared for. I-3 uses include adult and child day cares.
J. 
Terms beginning with "J."
K. 
Terms beginning with "K."
L. 
Terms beginning with "L."
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. Land-disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest in property, which allows the person to undertake cropping, livestock management, land-disturbing construction activity or maintenance of stormwater BMPs on the property.
LIGHT TRESPASS
Light projected onto a property from a light source located on a different property.
LOADING SPACE
An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials which abuts upon or affords direct access to a street or alley.
LODGING HOUSE
A building or portion thereof containing lodging rooms which accommodate three, but not more than 12, non-transient persons who are not members of the keeper's family and where lodging or meals or both are provided for compensation.
LOT
A parcel of land occupied or to be occupied by one building and its accessory buildings and uses having sufficient width and depth to include the open spaces required under this chapter and abutting on a public street or officially approved place.
LOT - CORNERS
A lot located at the intersection of two or more streets provided that the corner of such intersection shall have an angle of 120° or less measured on the lot side.
LOT - DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT - INTERIOR
A lot other than a corner lot.
LOT - THROUGH
A lot having frontage of two non-intersecting streets.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
The width of a lot shall be the distance between side lot lines measured on a line which coincides with the required setback line for the lot.
M. 
Terms beginning with "M."
MAINTENANCE AGREEMENT
A legal document that provides for long-term maintenance.
MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with of this chapter.
MERCANTILE USES
Mercantile uses include, among others, buildings or structures or a portion thereof for the display and sale of merchandise, and involves stocks of goods, wares, or merchandise incidental to such purposes and where the public has access. The aggregate quantity of nonflammable solid and nonflammable or noncombustible liquid hazardous materials stored or displayed in a single area of an M use shall not exceed the limits set forth in Chs. SPS 301-399; Safety, Buildings, and Environment. Mercantile occupancies shall include department stores, drug stores, greenhouses, markets, gas stations, retail or wholesale stores, and sales rooms.
N. 
Terms beginning with "N."
NAVIGABLE WATERS
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under § 144.26(2)(d), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 61.351 or 62.221, Wis. Stats., and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
(1) 
Such lands are not adjacent to a natural navigable stream or river;
(2) 
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3) 
Such lands are maintained in nonstructural agricultural use. "Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons;" or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
NEW DEVELOPMENT
Development resulting from the conversion of previously undeveloped land or agricultural land uses.
NONCONFORMING USE
A building structure, land or premises occupied at the time of the passage of this chapter or amendments thereto by a lawful use which does not conform with the provisions of this chapter or amendments thereto for the zone in which it is situated.
NRCS MSE3 OR MSE4 DISTRIBUTION
A specific precipitation distribution developed by the United States Department of Agriculture, Natural Resources Conservation Service, using precipitation data from Atlas 14.
O. 
Terms beginning with "O."
OFF-SITE
Located outside the property boundary described in the permit application.
ON-SITE
Located within the property boundary described in the permit application.
ORDINANARY HIGH-WATER MARK
See § NR 115.03(6), Wis. Adm. Code.
OUTDOOR USES
Outdoor uses include, among others, uses which generally lack primary buildings or structures. The City shall classify outdoor uses as O-1, O-2, or O-3.
(1) 
O-1 — O-1 uses include lands and facilities for the interment of humans or domestic household pets.
(2) 
O-2 — O-2 uses include parks, recreation, and natural resource preservation areas, such as nature preserves, arboreta, and playgrounds.
(3) 
O-3 — O-3 uses include parking lots that primarily serve the public at large instead of occupants of or visitors to a use under a 14,000 pounds gross vehicle weight rating (GVWR). The City permits parking lots that primarily serve vehicles over a 14,000 GVWR only accessory to F or H uses.
OUTSTANDING RESOURCE WATERS
Waters listed in § NR 102.10, Wis. Adm. Code.
P. 
Terms beginning with "P."
PARKING LOT
A building or premises containing one or more parking spaces open to the public free or for a fee.
PARKING SPACE
An unobstructed area exclusively for the temporary storage of one automobile.
PATIO
An accessory paved area less than six inches in height which may go to the property boundary.
PERCENT FINES
The percentage of a given sample of soil, which passes through a # 200 sieve.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERVIOUS SURFACE
An area that releases as runoff a small portion of the precipitation that falls on it. Lawns, gardens, parks, forests or other similar vegetated areas are examples of surfaces that typically are pervious.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
POST-CONSTRUCTION SITE
A construction site following the completion of land-disturbing construction activity and final site stabilization.
PRE-DEVELOPMENT CONDITION
The extent and distribution of land cover types present before the initiation of land-disturbing construction activity, assuming that all land uses prior to development activity are managed in an environmentally sound manner.
PREVENTIVE ACTION LIMIT
Has the meaning given in § NR 140.05(17), Wis. Adm. Code.
PROFESSIONAL OFFICE
The office of a doctor or practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician and other recognized professions.
PROTECTIVE AREA
An area of land that commences at the top of the channel of lakes, streams and rivers, or at the delineated boundary of wetlands, and that is the greatest of the following widths, as measured horizontally from the top of the channel or delineated wetland boundary to the closest impervious surface.
Q. 
Terms beginning with "Q."
R. 
Terms beginning with "R."
REDEVELOPMENT
Areas where development is replacing older development.
RESIDENTIAL USES
Residential uses include, among others, the use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an institutional use. Residential uses shall be classified as R-1, R-2, or R-3.
(1) 
R-1 — R-1 uses contain occupants that are primarily permanent in nature and not classified as R-2, R-3, or I uses. Such uses include buildings with one or two dwelling units; accessory dwelling units; care facilities that provide accommodations for eight or fewer persons receiving care; and lodging houses with five or fewer guest rooms.
(a) 
ACCESSORY DWELLING UNIT LIMITATIONThe City permits accessory dwelling units only on lots occupied by one other dwelling unit.
(2) 
R-2 — R-2 uses contain sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, such as multi-unit buildings, convents, or emergency services living quarters.
(3) 
R-3 — R-3 uses contain sleeping units of more than two dwelling units where the occupants are primarily transient in nature, such as hotels, motels, or lodging houses with more than five guestrooms.
RESPONSIBLE PARTY
The landowner or any other entity performing services to meet the requirements of this chapter through a contract or other agreement.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
S. 
Terms beginning with "S."
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SEPARATE STORM SEWER
A conveyance or system of conveyances including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all of the following criteria:
(1) 
Is designed or used for collecting water or conveying runoff.
(2) 
Is not part of a combined sewer system.
(3) 
Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.
(4) 
Discharges directly or indirectly to waters of the state.
SETBACK
The minimum distance between the property line and the nearest point of a building excluding permitted projections.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
STOP-WORK ORDER
An order issued by the City Engineer which requires that all construction activity on the site be stopped.
STORAGE USES
Storage uses include, among others, the use of a building or structure, or a portion thereof, for storage not classified as an H use. A room or space used for storage purposes that is accessory to another occupancy shall be classified as part of that occupancy.
(1) 
MOTOR VEHICLE REPAIR GARAGESThe City classifies motor vehicle repair garages as a storage use, unless they store enough hazardous materials to qualify as a high hazard use.
STORMWATER MANAGEMENT PLAN
A comprehensive plan designed to reduce the discharge of pollutants from stormwater, after the site has under gone final stabilization, following completion of the construction activity.
STORMWATER MANAGEMENT SYSTEM PLAN
Is a comprehensive plan designed to reduce the discharge of runoff and pollutants from hydrologic units on a regional or municipal scale.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it except that a basement shall not be considered a story if its ceiling is less than four feet above the finished grade along the front of the building.
STORY - HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREETS
Public thoroughfares which afford a primary means of access to abutting property or any proposed thoroughfares designated "new streets" on the Official Map for the City of South Milwaukee.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders.
STRUCTURE
Anything constructed or erected taller than six inches, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground for any occupancy or use whatsoever.
T. 
Terms beginning with "T."
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TOP OF THE CHANNEL
An edge, or point on the landscape landward from the ordinary high-water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet landward from the ordinary high-water mark, the top of the channel is the ordinary high-water mark.
TOTAL MAXIMUM DAILY LOAD or TMDL
The amount of pollutants, specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.
TP-40
Technical Paper No. 40, Rainfall Frequency Atlas of the United States, published in 1961.
TR-55
The United States Department of Agriculture, Natural Resources Conservation Service (previously Soil Conservation Service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.
TRAILER
Any vehicle, house car or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for living, sleeping or commercial purposes.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department pursuant to § 281.33, Wis. Stats.
TSS
Total suspended solids.
TYPE II DISTRIBUTION
A rainfall type curve as established in the "United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published in 1973."
U. 
Terms beginning with "U."
UTILITY AND ACCESSORY USES
Buildings and structures of an accessory character and miscellaneous structures not classified in any other specific use. Utility and miscellaneous uses include amateur radio service antennas; beekeeping; carports; composting structures; donation drop-off boxes; electric vehicle charging stations; fowl; geothermal energy systems; portable storage units; livestock shelters; private garages; satellite antennas; sheds; solar energy systems, and temporary structures (not including children's play structures) existing no longer than 60 days.
(1) 
General provisions. The City permits accessory uses only in connection with lawfully established principal uses, and they are subject to the same regulations that apply to principal uses on the subject lot, unless otherwise expressly stated.
(2) 
When allowed. The City limits accessory uses to those expressly regulated in this section or elsewhere in the zoning chapter, as well as those that, in the determination of the Zoning Administrator, satisfy all the following criteria:
(a) 
One may customarily find them in conjunction with the principal use of the subject property;
(b) 
They are subordinate and clearly incidental to the principal use of the property; and
(c) 
They serve a necessary function for or contribute to the comfort, safety, or convenience of occupants of the principal use.
(3) 
Time of construction and establishment. One may only establish an accessory use after the principal use.
(4) 
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
(5) 
Composting.
(a) 
Size. The City permits small-scale, non-commercial composting fewer than 50 cubic yards (38.2m3).
(b) 
Locational limitations. Property owners may compost only landscape waste generated from plants grown and maintained on the subject lot or food waste resulting from food preparation or consumption by residents of the subject lot and their visitors. The City does not intend this provision to prohibit property owners from adding outside materials or ingredients to speed or enhance decomposition.
(c) 
Meat products. The City prohibits meat products in compost bins.
(d) 
Rodent protection. Property owners must place all compost waste within rodent-resistant compost bins.
(e) 
Animal waste. The City permits only animal waste from herbivores within compost bins.
(f) 
Burning expressly prohibited. No person may burn compost within the City.
(6) 
Donation drop-off boxes.
(a) 
General. The City limits donation drop-off boxes to the Z-3, Z-4, and M-1 Zoning Districts.
(b) 
Number allowed. The City permits one donation drop-off box per property.
(c) 
Location. Donation drop-off boxes are exempt from the street yard setback requirements for accessory structures; however, no property owner may locate the box closer than three feet (0.9 m) from any property line.
(7) 
Electric vehicle charging stations.
(a) 
Parking. Property owners must reserve public electric vehicle charging stations for parking and charging electric vehicles. Owners must post signs reserving the space for electric vehicle charging purposes.
(b) 
Equipment. Property owners must design and locate EV charging equipment not to impede pedestrian, bicycle, or wheelchair movement or create safety hazards on sidewalks.
(c) 
Posted information. Property owners must post information identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.
(8) 
Geothermal energy systems. Property owners must locate geothermal energy systems completely within their property or within appropriate easements. Property owners may not locate any portion of a geothermal energy system within a stream or stream buffer.
(9) 
Portable storage units. The City exempts portable storage units from street-yard setbacks for up to 31 consecutive days within a twelve-month period. The City permits portable storage units on properties longer than 31 days for properties with an active building permit.
(10) 
Satellite antennas. Satellite dishes accessory to R uses may not exceed 36 inches (91.4 cm) in diameter.
(11) 
Solar energy systems. The City classifies non-accessory solar energy systems as F-1 uses.
V. 
Terms beginning with "V."
VARIANCE
A departure from the terms of this chapter as applied to a specific building, structure or parcel of land which the Board of Appeals may permit, contrary to the regulations of this chapter for the zone in which such building, structure or parcel of land is located, when the board finds that a literal application of such regulations will effect a hardship limitation on the use of the property which does not generally apply to other properties in the same zone and for which there is no compensating gain to the public health, safety or welfare.
VEHICULAR USE AREA
A vehicular use area is an outdoor area on a lot used for the storage and operation of motor vehicles, including parking lots, vehicle storage areas, vehicle display areas, loading areas, driveways, and drive-through lanes. Includes those portions of Lake Michigan and
VISION TRIANGLE
An area of unobstructed visibility at the intersection of two streets or at the intersection of a driveway and a street, intended to provide adequate sight distance for drivers entering or crossing roadways.
(1) 
Street intersection vision triangle: a triangular area formed by measuring 40 feet along the edge of pavement of each intersecting street from their point of intersection and connecting the endpoints to form the third side of the triangle. No structure, fence, wall, sign, vegetation, or other obstruction over 3.5 feet in height, measured from the elevation of the nearest edge of pavement, shall be located within this area.
(2) 
Driveway vision triangle: a triangular area formed by measuring 20 feet along the edge of pavement of the driveway and 20 feet along the edge of pavement of the perpendicular street from the point where they meet, and connecting the endpoints to form the third side of the triangle. No structure, fence, wall, sign, vegetation, or other obstruction over 3.5 feet in height, measured from the elevation of the nearest edge of pavement, shall be located within this area.
(3) 
Exceptions:
(a) 
Utility poles, traffic control devices, fire hydrants, and other public infrastructure may be located within the vision triangle if they do not obstruct visibility, including USPS mailboxes and trees.
(b) 
Alternative configurations may be approved by the City Engineer or designee if it is demonstrated that adequate sight distance is maintained, such as where stop signs or traffic signals are present.
(c) 
In built-to-line districts or constrained right-of-way conditions, modifications may be granted through administrative review.
Figure V-2 Vision Triangle
15 Figure V-2.tif
W. 
Terms beginninng with "W."
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
WETLAND ALTERATION
Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
WETLANDS
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
X. 
Terms beginning with "X."
Y. 
Terms beginning with "Y."
YARD
An open space on a lot upon which a building is situated, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD - FRONT
A yard extending across the full width of a lot between the front lot line and the nearest point of a principal building and at a setback distance as provided for in the zone.
YARD - REAR
A yard directly opposite from the front yard extending the full width of the lot between a lot line and the nearest point of a building at a setback distance as provided for in the zone.
YARD - SIDE
A yard extending from the front yard to the rear yard and between a side lot line and the nearest point of a building and a setback distance as provided for in the zone.
YARD - STREET
A yard extending the full width of a lot between a street line and the nearest point of a building at a setback distance as provided for in the zone.
Z. 
Terms beginning with "Z."