For the purpose of this chapter, words used in the present tense include the future tense; the singular number includes the plural number, and the plural the singular. The word "building" includes the word "structure." The word "shall" is mandatory and not directory. Certain terms and words, as used in this chapter, shall be defined as listed in this section. Any words not defined shall be construed as defined in the sections of the Wisconsin Statutes and Wisconsin Administrative Code pertaining to building codes and zoning, if applicable.

Accessory dwelling unit: A smaller, secondary dwelling unit on the same lot as a principal dwelling. Accessory dwelling units are independently habitable and provide the basic requirements of shelter, heating, cooking and sanitation.

Airport: An area of land or water which is used, or intended for use, for the landing and taking off of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or right-of-way, including all necessary taxiways, aircraft storage and tiedown areas, hangars, or other necessary buildings and open spaces.

Alley: A public right-of-way less than 21 feet wide which provides only secondary access to abutting properties.

Animal services—Boarding: the keeping or care of any number of animals, such as dogs, cats or other similar animals, that is either overnight or longer than one day for remuneration, profit or charitable purposes. This includes animal shelters run by a municipality or non-profit. Animal service - boarding does not include overnight stays of animals under the care of a veterinarian for medical reasons.

Animal services—Day care: the keeping or care (except veterinarian care) of any number of animals, such as dogs and cats, for remuneration or profit that is less than one day in length of stay and that does not include overnight stays. This use includes any other animal services where length of stay is one day or less that do not require veterinarian care.

Animal services—Veterinarian care: Animal hospitals and veterinary clinics providing medical services to animals and staffed by veterinarians.

Bed and breakfast establishment: Any place of lodging that provides eight or fewer rooms for rent to transient guests, is the owner's personal residence, and is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Building: Any structure used, designed, or intended for the roofed shelter, enclosure, or protection of persons, animals, machinery, materials, or other personal property.

Building, accessory: A detached building which is subordinate to and serves a principal structure or use, is customarily incidental to the principal structure or use, and located on the same lot as the principal structure or use served.

Building height: The vertical distance from the highest point of the building to the average finished grade around the foundation of the building.

Building, portable: A structure under 100 square feet, less than ten feet in height, not permanently fixed to the ground and which is removable in its entirety. Examples are a playhouse, utility shed, fish shanty, etc.

Building, principal: A building which houses a principal use of a lot, including any functional appurtenances, such as decks, stairways, and balconies, which are attached to, said building. In addition, all governmental buildings exceeding 1,000 square feet in area shall be considered principal buildings.

Canopy tree: A deciduous tree that would occupy the upper canopy of a woodland in a completely natural situation. These trees are often referred to as shade trees.

Club or lodge: Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, to which membership is required for participation and not operated primarily for profit nor to render a service which is customarily carried on as a business.

Commercial housing facility: Any nonowner occupied structure used to house prisoners, convicted felons, or sex offenders in a supervised or monitored setting which is not a community living arrangement.

Community based residential facility: A facility defined as such in § 50.01, Wis. Stats.

Community living arrangements: Any of the following facilities licensed or operated or permitted under the authority of the Wisconsin Department of Health and Social Services: child welfare agencies under § 48.60, Wis. Stats., group homes for children under § 48.02(7), Wis. Stats., and community based residential facilities under § 50.01, Wis. Stats.; but not including adult family homes, as defined in § 50.01, Wis. Stats., day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

Compensation: Money, rent, personal services, or other consideration given in return for occupancy, possession, or use of real property.

Conditional use permit: A permit, authorized by the city plan commission and issued by the zoning administrator, stating that a conditional use may be established, expanded, or enlarged subject to any conditions placed on the authorization and the provisions of this chapter.

Customer service establishment: A use such as a clothing and shoe repair or rental shop, barber/beauty shop, portrait/photography studio, home appliance or electronics repair shop, tanning salon, fitness center, or similar uses.

Dwelling, multiple family: A building, or portion thereof, designed for and occupied by three or more families, including a structure manufactured after June 15, 1976 which is certified and labeled as a manufactured home under 42 U.S.C. § 5401-5426, as amended, which when placed on-site:

(a)

Has any wheels, axles and pulling apparatus removed and is fastened or attached to a completely enclosed foundation in accordance with subchs. III, IV and V of ch. ILHR 21, Wis. Adm. Code, as amended. The zoning administrator may require a plan to be certified by a registered architect or engineer to insure proper support for the home; and

(b)

Is installed in accordance with the manufacturer's instructions; and

(c)

Is properly connected to utilities.

Dwelling, single-family: A detached building designed for or occupied exclusively by one family, including a structure manufactured after June 15, 1976 which is certified and labeled as a manufactured home under 42 U.S.C. § 5401-5426, as amended, which when placed on-site:

(a)

Has any wheels, axles and pulling apparatus removed and is fastened or attached to a completely enclosed foundation in accordance with subchs. III, IV and V of ch. ILHR 21, Wis. Adm. Code, as amended. The zoning administrator shall require a plan to be certified by a registered architect or engineer to insure proper support for the home; and

(b)

Is installed in accordance with the manufacturer's instructions; and

(c)

Is properly connected to utilities.

Dwelling, two-family: A detached or semi-detached building used for residential occupancy by two families living independently of each other, including a structure manufactured after June 15, 1976 which is certified and labeled as a manufactured home under 42 U.S.C. § 5401-5426, as amended, which when placed on-site:

(a)

Has any wheels, axles and pulling apparatus removed and is fastened or attached to a completely enclosed foundation in accordance with subchs. III, IV and V of ch. ILHR 21, Wis. Adm. Code, as amended. The zoning administrator shall require a plan to be certified by a registered architect or engineer to insure proper support for the home; and

(b)

Is installed in accordance with the manufacturer's instructions; and

(c)

Is properly connected to utilities.

Dwelling unit: A building, or portion thereof, which provides or is intended to provide living quarters exclusively for one family.

Family: An individual or two or more persons related by blood, marriage, guardianship, foster care, or adoption, or a group of not more than four persons not so related, living together in one dwelling unit as a single housekeeping entity.

Farming: The business of cultivating or employing at least three acres of land for the purposes of growing and harvesting crops, dairying, or raising of agricultural products, forest products, livestock, or poultry, and including the sale of such products produced on the premises, except that farming shall not be construed to include commercial poultry and swine production, cattle feeder lots, or the raising of fur-bearing animals.

Floor area: The sum of the gross horizontal areas of the rooms and floors of a building, measured from the outer lines of the exterior walls of the building, except for the area of rooms with ceilings less than seven feet in height for more than 50 percent of the room, and except that the floor area of a dwelling does not include space not useable for living quarters, such as attics, unfinished basement rooms, garages, breezeways, and unenclosed porches or terraces.

Footprint, building: A single horizontal plane bounded by the exterior walls of a building.

Home occupation: A business, profession, occupation, or trade which is conducted for gain or support, located entirely within a dwelling unit, operated by a resident(s) of the dwelling unit, and which is secondary to the use of the building as a residence and does not change the essential residential character or appearance of the dwelling unit.

Hotel/motel: A building or buildings in which lodging, with or without meals, is offered to transient guests for compensation and in which there are five or more sleeping rooms or suites.

Legal nonconforming lot: Any lot, which at the time of recording met all applicable laws and regulations, but which does not conform to the lot area and/or lot width requirement of this chapter or any subsequent amendment thereto.

Lodging house. A dwelling unit where lodging rooms are provided for compensation for five to 12 persons, pursuant to previous arrangements for definite periods, but not available to the public or transients.

Lot: A contiguous parcel of land which is described in a recorded document with the register of deeds for Door County, Wisconsin.

Lot, corner: A lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135 degrees.

Lot line: The property line bounding a lot, except that, where any portion of a lot extends into an existing or proposed public right-of-way, the edge of such public right-of-way shall be the lot line for the purposes of this chapter.

Lot line, front: That boundary of a lot which abuts an existing or proposed public street. In the case of a lot which abuts more than one street, the zoning administrator is authorized to determine which boundary is the front lot line.

Lot line, rear: The boundary of a lot which is opposite the front lot line, except, if the rear lot line is less than ten feet in length or if the lot lines form a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from, the front lot line.

Lot line, side: Any boundary of a lot which is not a front lot line or a rear lot line.

Lot width: The maximum horizontal distance between the side lot lines of a lot measured parallel to the front lot line and at the rear of the required front yard.

Manufactured home: A structure defined as such in section 9.07(2) of this Municipal Code.

Marina: A boat basin which provides secure moorings for boats and often provides related facilities such as boat launching facilities; boat sales and marine supplies; fuel, water, and sanitary facilities; and boat repair, maintenance, and storage facilities.

Mobile home: A structure defined as such in section 9.07(2) of this Municipal Code.

Nonconforming structure: Any structure which was lawfully established prior to the adoption of this chapter, 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.

Nonconforming use: A use of buildings or premises which was lawfully established prior to the passage of this chapter or amendment thereto, but which does not conform to the requirements of this chapter or any subsequent amendments thereto.

Ordinary high water mark: The point on the bank of the shore up to which the presence and action of surface water is so continuous as to leave a distinct mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Parking lot: A structure or premises, or portion thereof, used for the temporary parking of motor vehicles, whether publicly or privately owned and operated.

Premises: A tract or tracts of land located in the City of Sturgeon Bay.

Public utilities (major facilities). Any structure or equipment used or designed for the production, transmission, delivery, or furnishing of heat, light, water, power, sewerage, or communication services either directly or indirectly to or for the public, where the land area bounded by the location of such structure or equipment is more than 400 square feet.

Public utilities (minor facilities). Any structure or equipment used or designed for the production, transmission, delivery, or furnishing of heat, light, water, power, sewerage, or communication services either directly or indirectly to or for the public, where the land area bounded by the location of such structure or equipment is 400 square feet or less.

Shoreline: The intersection of the land surface with abutting lakes, ponds, streams, and flowages at the ordinary high water mark.

Street: A public or private right-of-way which is 21 feet or more in width and which affords a primary means of access to abutting properties.

Structural alterations: Any change in the supporting members of a building or structure, such as bearing walls, foundations, columns, beams, or girders, or any change in the dimensions or configuration of the roof or exterior walls.

Structural repairs: Any repair to the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, except for ordinary maintenance repairs such as interior/exterior painting, paneling, replacing doors and windows, and replacing roof tiles or shingles.

Structure: Anything constructed or erected having location on the ground.

Structure, portable See Building, portable.

Tourist rooming house: A dwelling unit in which sleeping accommodations are offered for pay to tourists or transients for periods of less than one calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of rental. It does not include a boardinghouse not accommodating tourists or transients, or bed & breakfast establishments. These facilities are sometimes referred to as vacation rentals.

Transient: A person who travels from place to place away from his or her permanent address for vacation, pleasure, recreation, culture, or business.

Travelable: That portion of a street open and used for travel as defined by the Wisconsin Department of Transportation, Division of Highways, to qualify for highway aid.

Use: The purpose or activity for which the land or structures thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, accessory: A use subordinate to and customarily incidental to a principal use of the property or buildings and located on the same lot as the principal use.

Use, conditional: A use whose nature, character, or circumstance is so unique or so dependent upon specific conditions that it cannot be properly classified as a permitted use in a particular district or districts, but which may be permitted in certain districts on a case by case basis by the city plan commission.

Use, permitted: A use within a particular district allowed by, and subject to, the requirements of this chapter.

Use, principal: A main use of a lot or buildings as distinguished from accessory uses.

Variance: An authorization, granted by the board of appeals, to depart from the terms of this zoning code, where it is shown that unique physical circumstances apply to a lot causing a hardship to the owner.

Warehousing. The storage of materials unrelated to any on-site manufacturing activity.

Wholesale distribution: Facilities where goods or materials are stored and distributed to mostly retail outlets, rather than to the general public.

Yard: A required open space on a lot which is unoccupied by buildings and open to the sky except as expressly permitted in this chapter.

Yard, rear: A yard extending along the full width of the rear lot line and extending toward the front lot line for a depth as specified in the yard requirements for the applicable district.

Yard, side: A yard extending along the side lot line between front and rear yards and having a width as specified in the yard requirements for the applicable district.

Yard, street: A yard extending along the full length of an abutting street from the street right-of-way line to the depth specified in the yard requirements for the applicable district.

Zero lot line duplex: A type of two-family dwelling where each unit is situated on its own lot, with the lot line located along the common wall separating the two units. Also referred to as attached dwelling units.

(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 1005-0698, § 2, 6-2-98; Ord. No. 1032-0100, § 1, 1-18-2000; Ord. No. 1087-0203, § 1, 2-18-03; Ord. No. 1093-0403, § 1, 4-15-03; Ord. No. 1118-0104, § 1, 1-6-04; Ord. No. 1128-0804, § 4, 8-17-04; Ord. No. 1315-0316, § 1, 3-1-16; Ord. No. 1355-0219, § 1, 2-19-19; Ord. No. 1410-0422, § 1, 4-19-22; Ord. No. 1429-0823, § 1, 8-15-23; Ord. No. 1430-0823, § 1, 8-15-23; Ord. No. 1452-1124, § 1, 11-5-24)