Definitions.
ACCESSORY USE OF BUILDINGA building or use which is:
(a) Constructed or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this ordinance.
(b) Clearly incidental to, subordinate in purpose to, and serves the principal use.
(c) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.
AGRICULTUREThe use of land for agricultural purposes, including soil tillage for the production of crops, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal, fish and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. This shall also include land in federal land bank and similar land preservation programs.
AIRPORTAny 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 tie-down areas, hangars, and other necessary buildings and open spaces.
ALLEYA public or private right-of-way, shown on a plot, primarily designed to serve as secondary access to abutting properties.
ANTENNAA structure whose purpose is to receive or transmit communications or other signals to or from land based or satellites and transfer signal to or from the interior of a building.
APPURTENANCESAn appendage or attachment to a building that constitutes an outside dimension of said building, including attached porch, awning, roof overhang, greenhouse, sunroom, and other similar appendages.
ARTIFICIAL LAKES OR PONDSAn artificial lake or pond is any body of water, conforming to the definition of a lake or pond; that is made, fabricated, or constructed, with human skill or skill and labor, by the dredging, excavation, or mining of land. Maintenance or expansion of a natural body of water by dredging or otherwise shall not be considered creation of an artificial lake or pond under this definition. However, the creation of an open body of water by dredging or excavation of a wetland or any other area shall be subject to the rules and regulations pertaining to artificial lakes and ponds.
BASEMENTThat portion of any structure located all or partly underground. The portion underground shall have more than one-half of its height below the finished lot grade.
BLOCKA tract of land bound by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, or municipal boundary lines, or other physical features.
BUILDINGAny structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.
BUILDING HEIGHTThe vertical distance measured from the finished first floor grade to the midpoint of the facia line and top of roof.
BUILDING PERMITSWritten permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.
BUILDING SET BACK LINEA line located a stated distance from and parallel with a lot line or street right-of-way, the nearest point to which a building may be erected.
CAMPGROUNDA tract or parcel of land on which space is provided for camping. Includes day and overnight camping.
CARPORTA permanent structure open on at least one side used to store vehicles.
CLINIC, MEDICAL, OR DENTALAn organization of physicians or dentists, or both, who have their offices in a common building. A clinic shall not include inpatient care.
CLUBAn association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
COMMERCIAL FEEDLOTSAn agricultural enterprise where livestock are raised to a designated weight or age and then sold.
COMMERCIAL VEHICLEA motorized licensed vehicle used in the operation or in conjunction with any business or industry.
CONDOMINIUM, CO-OPIndividual ownership of a unit in a multiunit structure (as an apartment building) or on land owned in common (as a town house complex) also, a unit so owned; a building containing condominiums.
CORNER SIDE YARDAn area extending along a side lot line from front yard to rear yard when said lot line is coterminous with a street right-of-way.
CUL-DE-SACA local street open at one end only having a special turning area at the closed end.
DAY CARE AND DAY CARE HOMEA licensed facility where a person, other than relative or guardian, provides care and supervision for four or more children under seven years of age, for less than 24 hours a day and for compensation.
DRIVE-THRU RESTAURANTAn establishment which may provide permanent interior seating, but allows window service and carry-out counter service for food products to automobile customers.
DWELLINGA building, or portion thereof designed or used exclusively for residential occupancy, including single family dwellings, two family dwellings and multiple family dwellings, but not including hotels and motels.
DWELLING UNITConsists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each "dwelling unit".
DWELLING, MULTIPLE FAMILYA building used or designed as a residence for three or more families including tenement houses, row houses, town houses, apartment houses, and apartment hotels.
DWELLING, SINGLE FAMILYA building designed for and occupied exclusively by one family and meeting the building requirements as set forth in Section
18.04 (5).
EMPLOYEE or STAFF MEMBER, FULL TIMEA person who works full time at the building or use regulated. For computation of the sum of employees at a use scheduling more than one shift, the sum shall be based on the maximum number of employees at any one shift working at least 30 hours per week.
FAAThe Federal Aviation Administration.
FAMILYAny number of individuals related by blood, adoption, marriage, or not to exceed two persons not so related, living together on the premises as a single housekeeping unit, including any domestic servant.
FARMA tract of agricultural land, together with the fields, buildings, animals, and personnel there assembled for the purpose of producing a crop or crops, or the raising, breeding, or production of animals or plant life. See 18.07(1) for "Farms" located within AG-FP zoning district.
FARM BUILDINGAny building used for the continuance of farming operations, excluding a dwelling and its accessory buildings.
FCCThe Federal Communications Commission.
FLOOR AREA(For determining off-street parking and loading requirements) Shall mean the sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas, located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, "floor area" for the purpose of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or leading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FRONTAGE, LOTThe length of all the property of such lot fronting on a street, measured along the front lot line between two exterior side lot lines and being parallel to the road/street.
FUR FARMAgricultural operation where the major income is derived from the selling or sale of fur bearing animals and/or pelts.
GARAGE, PRIVATEAn accessory to the main building which provides for storage of motor vehicles and in which no occupation, business, or service for a profit is carried on.
GARAGE, PUBLIC AND STORAGEAny building or premises other than a private garage, where motor driven vehicles are equipped, repaired, serviced, hired, or stored.
GAZEBOAn accessory building consisting of a detached, covered, freestanding, open-air structure which may be enclosed with screening or glass intended to be used for outdoor living activities.
GRADEThe average level of the finished surface of the ground adjacent to the exterior walls of the building.
GROUNDWATERGroundwater is water beneath the surface of the ground in a saturated zone.
GROUP HOMEA facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household as described in Wis. Stats. §
60.63. A group care facility may include halfway houses; recovery homes; and homes for orphans, foster children, the elderly, battered children, and women. It also could include a specialized treatment facility providing less than primary health care.
HARD SURFACEDA driveway or parking lot surfaced with concrete or bituminous paving.
HOME OCCUPATIONThe use of a home for gainful occupation in a residential zoning district that is clearly incidental to and secondary to the use of a dwelling by only persons residing in said home.
[Amended 9-21-2020 by Ord. No. 2020-12]
HOTELA building in which lodging, with or without meals, is offered to transient guests for compensation and which there are more than five sleeping rooms with or without cooking facilities in any individual room or apartment.
INDUSTRIAL PARKA special or exclusive type of planned area designed and equipped to accommodate a community of industries.
JUNK (SALVAGE) YARDAn area, inside a building or outside a building where waste or scrap materials are brought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to: scrap iron and other metals, paper, rakes, rubber tires, glass, plastic, and automobiles. This definition shall include motor vehicle grave yards.
KENNELAny lot or premises wherein or whereon more than three dogs, at least five months of age or older are kept, either permanently or temporarily, for board, propagation, training, sales, or other uses excluding pets.
LAKEAn inland body of water, either natural or artificially created, of five acres or more.
LOTA parcel of land, having a width and depth sufficient to provide the space necessary for one or more permitted or conditional uses, abutting on a public street.
LOT AREA, GROSSThe area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river and/or public right-of-way.
LOT LINES AND AREAThe peripheral boundaries of a parcel of land including the street right-of-way lines and the total area lying within such boundaries.
LOT OF RECORDA lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Brown County; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this code.
LOT, CORNERA lot located at the intersection of two streets, the interior angle of such intersection not exceeding 135°. See Appendix A, Exhibit 2.
LOT, DEPTH OFThe mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. See Appendix A, Exhibit 3.
LOT, INTERIORA lot other than a corner lot. See Appendix A, Exhibit 2.
LOT, THROUGHInterior lot having frontage on two non-intersecting streets. The front yard determined after construction of primary structure and the rear yard having a special setback equal to the front yard setback for the zoning district in which it lies. See Appendix A, Exhibit 2.
LOT, WIDTHThe horizontal distance between the side lot lines of a lot, measured at the widest width within the first 40 feet of a lot depth immediately in back of the front right-of-way line. It must be parallel to street. Such minimum lot width may be measured at the building setback line only if said lot is located on the outer radius of a curved street such as a cul-de-sac. However, in no case shall the lot frontage measured at the right-of-way line be less than 60 feet wide. When measuring at the building setback, on a curved street, the width shall be at right angles to a radial line. (See Exhibit A, Diagrams 5-8).
MANUFACTURED HOME — CLASS IA structure, transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, and air conditioning systems contained in it, and is certified and labeled as a manufactured home under 42 U.S.C. Sections
5401 to
5426. For purposes of this ordinance, a manufactured home Class I shall be considered a single family or two family home when meeting the requirements of Section
18.04 (4), therefore, may be located in any district permitting such use.
MANUFACTURED HOME — CLASS IIA structure, transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and built prior to the enactment of the Federal Manufactured Construction and safety Standards Act of 1974, which became effective July 15, 1996.
MANUFACTURED HOME PARKAny park, court, camp, site, lot, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodations for two or more manufactured homes, and shall include all facilities used or intended for use as part of the equipment thereof. Manufactured home park shall not include automobile or manufactured home sales lots on which unoccupied manufactured homes are parked for purposes of inspection and sale.
MARINAAn area for the launching, docking, storage, sales or rental of boats for compensation, including activities directly related to boating needs such as fuel sales, waste pumping, or boat repair.
MOTELEstablishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient guests; and where there is no permanent occupancy of any unit except by the owner, his/her agent or his/her employees.
MOTOR VEHICLE SALES AND SERVICE, NEW AND USEDA building or premises used primarily for one or more of the following:
(a) Sales of new or used motor vehicles by properly licensed dealers.
(b) Service or repair of motor vehicles when incidental to Sub 1. above or otherwise.
MOTOR VEHICLESAny vehicle used or intended to be used for transportation of freight or passengers propelled or drawn by mechanical or electrical power, except a device used exclusively on stationary rail or tracks or in the water.
NON-CONFORMING STRUCTUREA structure or building, the size dimensions, or location of which was lawfully existed at the time of adoption, revision, or amendment of the zoning ordinance which no longer conforms to the zoning standards because of said revision or amendment.
NON-CONFORMING USEAny use of land, buildings, or structures, lawful at the time of the enactment of this code, which does not comply with all of the regulations of this code or of any amendment here to governing use for the zoning district of which such use is located.
OCCUPANCY PERMITA required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.
OUTDOOR SOLID FUEL FURNACEAny detached energy system, such as wood or other solid fuel burners, boilers or furnaces, associated with the production of useable heat or energy, which is not located within another structure.
PARKING SPACEA graded and surfaced area of not less than 200 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
PLANNED COMMERCIAL DEVELOPMENTAn area of land, controlled by a single owner, corporation, or any legal entity, to be developed as a single owner, corporation, or any legal entity, to be developed as a single entity for commercial uses, the plan for which is unique in the establishment of combinations of developments and uses, and open spaces or common facilities.
PLANNED DEVELOPMENT DISTRICTAn area of land, controlled by a single owner, corporation, or other legal entity, which is to be developed as a single unit, and is referred to as PDD.
PLANNING AND ZONING COMMISSIONReferred to in this ordinance shall be construed to mean the body authorized to consider planning matters and make recommendations to the Board, and administer the said Zoning Ordinance.
PONDAn inland body of water, either natural or artificially created, of less than five acres.
PRIMARY DETACHED GARAGEAn accessory building located in reasonable proximity to a home without an attached garage with direct access for vehicular storage and finished with materials similar to the home.
PROFESSIONAL OFFICEThe office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, or other recognized profession.
RESTAURANTAn establishment with interior/exterior seating which provides food service to customers.
RETAILSale of commodities and services directly to customers when such commodities and services are used or consumed by the customer and not purchased primarily for purpose of resale.
ROADSIDE STANDA structure of not more than 300 square feet in floor area, not more than 10 feet in height, not permanently fixed to the ground and is readily removable in its entirety, covered or uncovered and not wholly enclosed used for the seasonal sale of fruits, vegetables, agricultural products or commodities associated with national holidays (i.e. fireworks or Christmas trees). A stand for the seasonal sale of fireworks or other holiday commodities shall be considered to be a roadside stand for the purposes of this code whether or not located within a permanent structure.
SANITARY LANDFILLDisposal of refuse on land without creating a nuisance or hazard to public health or safety by utilizing the principles of engineering to confine the refuse to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at more frequent intervals.
SATELLITE DISHAn antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources and magnify and transfer signals to the interior of a building.
SERVICE STATION AND GARAGE, AUTOMOTIVEA building or premises used primarily for one or more of the following:
(a) Gasoline and fuel sales for motor vehicles.
(b) Service or repair of motor vehicles and sale of accessories when incidental to Sub 1. above.
SETBACKMinimum horizontal distance between a building including appurtenances or structures and the lot line.
SIGNA name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court or public office notices, nor shall it include the flag emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building unless the content shall so indicate.
SIGN, ADVERTISINGA sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SLAUGHTERHOUSEA building or portion thereof used in the conducting of a business enterprise where animals are butchered or where animals or parts thereof are processed, cut, or altered.
STOCKFARMAn agricultural operation, usually non-dairying in nature, where livestock are raised to the required age or weight for slaughterhouse purposes or for sale to commercial feedlots.
STORYThat part of a building between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling is five feet or more above the level from which the height of the building is measured, or it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
STREET/ROADA public right-of-way which affords a primary means of vehicular access to abutting property, whether throughway, or however otherwise designated, but does not include driveways to buildings.
STRUCTURAL ALTERATIONAny change, other than incidental repairs, in the supporting members of a structure, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, roofs or foundations, excepting alterations which may be required for the safety of the structure.
STRUCTUREAnything constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground.
SWIMMING POOLA pool constructed for swimming or wading, either above or below ground.
TELECOMMUNICATION TOWERAny structure that is designed and constructed primarily for the purpose of supporting one or more telecommunication antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term shall include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, PCS towers and the like.
TEMPORARY USEShort-term use of vehicle, mobile home, or movable structure (non-permanent) as determined by review of the Suamico Planning and Zoning Commission. Each situation shall constitute a separate review and a separate decision by the Suamico Planning and Zoning Commission. This temporary use shall not exceed 90 days without reapplication in any one-year period.
TRANSITIONAL FACILITYA premises, other than a community living arrangement or community based facility, for the temporary placement of persons on parole, extended supervision or probation in a controlled environment including supervision or monitoring.
USE, CONDITIONALA use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. Conditions may be attached as part of the approval.
USE, PERMITTEDA use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district.
USE, PRINCIPALThe main use of land or building as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional".
VARIANCEA variance is permission granted by the Board of Appeals to build or develop in a way which is inconsistent with the dimensional standard contained in the code.
WATER TABLEThe water table is the level below the ground at which the soil or rock is saturated with water, sometimes referred to as the upper surface of the saturated zone.
WELLA well is a vertical excavation that taps an underground liquid-bearing rock formation. The primary use of this definition in this ordinance refers to wells drilled to obtain water, to monitor the quality of water or to determine the depth of the water table. For the purpose of this ordinance a high-capacity well is a well that delivers or is capable of delivering a water flow of more than 70 gallons per minute.
YARDOpen space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except for vegetation. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zone the lot is located in.
YARD, FRONTA yard extending along the full length of the front lot line between the side lot lines. See Appendix A, Exhibit 1.
YARD, REARA yard extending along the full length of the rear lot line between the side lot lines. See Appendix A, Exhibit 1.
YARD, SIDEA yard extending along a side lot line from the front yard to the rear yard. See Appendix A, Exhibit 1.
ZERO LOT LINE LOTA lot upon which a dwelling unit may be placed so that one of its walls is placed upon a side lot line. In case of a two family dwelling, this side wall is to be a common wall.
ZONING DISTRICTDivisions of the Village, each area being accurately defined to boundaries and locations on the official zoning map and in the zoning ordinance, for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.