The purpose of this chapter is to define words, terms and phrases contained in this title which are essential to the understanding, administration and enforcement of this title, and which are not part of common English usage.

(Prior code § 13-2-1)

The interpretation of this title shall abide by the provisions and rules of this section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the manifest intent of this title.

A.

Words used or defined in one tense or form shall include other tenses and derivative forms.

B.

Words in the singular number shall include the plural number, and words in the plural number shall include the single number.

C.

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

D.

The words "shall," "must" and "will" are mandatory.

E.

The words "may," "can" and "might" are permissive.

F.

The word "person" includes individuals, firms, corporations, partnerships, associations, trusts, and any other similar entities.

G.

The word "city" means the city of Sun Prairie, Wisconsin.

H.

The word "county" means the county of Dane, Wisconsin.

I.

The word "state" means the state of Wisconsin.

J.

The word "commission" means the city of Sun Prairie Plan Commission.

K.

The words "council," "city council," and "common council" shall refer to the city of Sun Prairie Common Council.

L.

The word "board" means the city of Sun Prairie Board of Zoning Appeals.

M.

If there is any ambiguity between the text of this title and any caption, illustration, or table, the text shall control.

(Prior code § 13-2-2)

The following abbreviations are used in this title and are intended to have the following meanings:

Note: Additional definitions are used in Table 17.32.090(D)(1), and are defined at the bottom of such table.

(Ord. 575 § 1, 2001; prior code § 13-2-3)

A.

The following words, terms and phrases, wherever they occur in this title, shall have the meanings ascribed to them by this section.

B.

Definitions provided by this section include:

"Abutting" means having a common border with, or being separated from such common border by an alley or easement.

"Access" means a means of vehicular approach, i.e., entry to or exit from a property, street or highway.

Access, Secondary. "Secondary access" means a means of vehicular or nonvehicular approach, entry to, or exit from property from a source other than a public street or highway.

Access Standards. See Section 17.36.020.

"Accessory use or structure" means a use or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto. See Section 17.16.020(E).

"Acre" means forty-three thousand five hundred sixty (43,560) square feet.

Active Outdoor Public Recreational (Land Use). See Section 17.16.090(B).

"Activity center" means an area which is typified by a concentration of nonresidential and/or multi-family development.

"Addition" means any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls in new construction.

"Adjacent" means abutting, or being located directly across a right-of-way from, a separate lot.

Agricultural District. See Section 17.12.020.

Agricultural Land Use(s). See Section 17.16.080.

Agricultural Services (Land Use). See Section 17.16.080(D).

Air Pollution Standards. See Section 17.36.100.

Airport (Land Use). See Section 17.16.120(B).

"Alley" means a public right-of-way usually of reduced width which affords a secondary means of access to abutting property.

Amendment of Zoning Regulations. See Section 17.44.020.

Amendment of Official Zoning Map. See Section 17.44.030.

"Animal unit" means a measure which represents a common denominator for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species which comprise a single animal unit:

Source: The Stockman's Handbook

Apartment. See Section 17.24.030(R).

"Apiary" means the location and total number of hives (and other equipment) at one site; also called a bee yard.

"Appeal" means a means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this title as expressly authorized by the provisions of Section 17.44.100.

Atrium House. See Section 17.24.030(N).

"Attic" means that part of a building which is immediately below and wholly or partly within the roof framing.

"Average ground elevation" means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

Base Flood. See Section 17.28.030.

"Basement" means a portion of a building located partly underground, but having one-half or less of its floor to ceiling height below the average grade of the adjoining ground.

Bed and Breakfast Establishment (Land Use). See Section 17.16.100(L).

"Bedroom" means a room in a residence marketed, designed, or otherwise likely to function primarily for sleeping.

"Beekeeper" means a person who keeps bees.

"Beer garden" means any outdoor seating area that is located on private property and operated adjacent to and in conjunction with a business primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

"Blanket variance" means a variance which is automatically granted by a provision of this title in order to reduce the creation of legal nonconforming developments (see Section 17.20.070) or legal nonconforming residential structures (see Section 17.24.110(I).

Board of Zoning Appeals. See Section 17.48.040.

Boarding House (Land Use). See Section 17.16.100(O).

"Bufferyard" means any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See Chapter 17.32.

"Building" means a structure built, maintained, or intended for use for the shelter or enclosure of persons, animals, or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, each unit is a building.

Building, Accessory. "Accessory building" means a building which:

1.

Is subordinate to and serves a principal structure or a principal use;

2.

Is subordinate in area, extent, and purpose to the principal structure or use served;

3.

Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this title;

4.

Is customarily incidental to the principal structure or use.

Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.

"Building entrance area" means the area equal to the width of the entrance plus two feet on each side of the door opening.

"Building envelope" means a component of a group development which conforms to the lot lines of developments which are not group developments, in that required minimum setback distances are measured from the building envelope line. (Refer to Sections 17.16.180, 17.24.030, and 17.24.040.)

"Building front" means that exterior wall of a building which faces the front lot line of the lot.

"Building height" means the vertical distance from: (1) the average elevation of the adjoining ground level or (2) the established grade, whichever is lower to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof.

"Building line" means a line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this title. The building line determines the area in which buildings are permitted subject to all applicable provisions of this title. This is also referred to as a "setback."

Building, Principal. "Principal building" means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

"Building separation" means the narrowest distance between two buildings. See "minimum building separation."

"Building size" means the total gross floor area of a building. See "maximum building size."

"Bulk (of a building)" means the combination of building height, size, and location on a lot. See Chapter 17.24.

Cafeteria, Company (Land Use). See Section 17.16.140(C)(8).

"Caliper" means a measurement of the size of a tree equal to the diameter of its trunk measurement one-half foot above natural grade. Used for trees in a nursery setting.

Campground (Land Use). See Section 17.16.100(N).

"Candlepower" means the amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminaire.

"Canopy tree" means a tree that would occupy the upper canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include beech, hickory, oak, sassafras, maple, tulip tree, etc. (See Section 17.32.100.)

"Caretaker's residence" means a dwelling unit which is used exclusively by either the owner, manager, or operator of a principal permitted use and which is located on the same parcel as the principal use.

"Carport (land use)" means an open sided roofed automobile shelter, usually formed by extension of the roof from the side of a building. See Section 17.16.140(C)(4).

"Cellar" means that portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.

Central Commercial (CC) District. See Section 17.12.050(C)(5).

Certificate of Occupancy. See Section 17.44.070.

"City-operated kennel/impound facility" means a city of Sun Prairie operated facility that provides temporary shelter and storage for stray, abandoned or confiscated domestic animals.

"Clerestory window" means a window in which the lowest glassed area is a minimum of seven feet above the level of the floor located directly under the window.

"Colony" means the aggregate of worker bees, drones, queen, and developing brood living together as a family unit in a hive or other dwelling.

Commercial Animal Boarding (Land Use). See Section 17.16.100(J).

"Commercial Animal Breeding Facility" means a place where animals are bred and raised and from which at least ten (10) animals from more than one litter are sold in a year, including any school (except an elementary or secondary school), institution, organization, or person that uses or intends to use live animals in research, tests, or experiments, and that (1) purchases or transports live animals in commerce, or (2) receives funds under a grant, award, loan, or contract from a department, agency, or instrumentality of the United States for the purpose of carrying out research, tests, or experiments.

Commercial Apartment (Land Use). See Section 17.16.140(C)(1).

Commercial District(s). See Section 17.12.020.

Commercial Dog Day Care (Land Use). See Section 17.16.100(Q).

"Commercial equipment and implement" means a type of commercial vehicle that is primarily designed and used for commercial, construction, or industrial operations or activities. Commercial equipment and implements include but are not limited to front end loaders, dumpster haulers, forklifts, augers, tractor-trailers, dump trucks, wreckers, bulldozers, cranes, bobcats, trenchers, stump grinders, backhoes, and cement mixers.

Commercial Indoor Lodging (Land Use). See Section 17.16.100(K).

"Commercial kennel" means a place where the keeping, raising, selling, boarding, breeding, and/or training of dogs and other animals is conducted as a business or hobby. Pet shops, veterinary clinics, household pet boarding facilities, and pets in a household setting in number permitted by Section 6.04.060 of the City Code do not fall under this definition. See also "commercial animal boarding."

Commercial Land Use(s). See Section 17.16.100.

"Commercial vehicle" means any motor vehicle used for business or institutional purposes and used to carry, deliver, handle or move goods, equipment or persons for hire in the conduct of business, commerce, profession and/or trade and/or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Commercial vehicles include but are not limited to step vans, cargo vans, box trucks, flat bed trucks, semi-tractors, buses, limousines, hearses, school buses, church vans, taxicabs and any pick-up truck, panel truck, or truck with an attached ladder, equipment racks, or mechanical equipment attached to it. Police cars, ambulances and fire trucks are not classified as commercial vehicles. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered as a commercial vehicle.

Common Private Sewage Disposal System (Land Use). See Section 17.16.140(C)(18).

Communication Tower (Land Use). See Section 17.16.130(C).

"Community character" means the impression which an area makes in regard to the type, intensity, density, quality, appearance and age of development.

Community Living Arrangement (Land Use). See Sections 17.16.090(G) through (I).

"Community-Scale Solar Energy System (Land Use)." See Section 17.16.090(K)

Compact Cluster Development. See Section 17.16.070(E).

Company Provided On-Site Recreation (Land Use). See Section 17.16.140(C)(9).

Composting Operation (Land Use). See Section 17.16.110(F).

"Comprehensive plan" means the comprehensive plan of the city of Sun Prairie, Wisconsin, adopted in 1986 and as subsequently amended.

"Conditional use" means a land use which requires a conditional use permit in order to develop. See Section 17.16.020(D). See Section 17.44.050 for applicable procedures.

Construction Materials Standards. See Section 17.36.180.

Construction, Start of. "Start of construction" means the installation of foundation footings and/or materials for road construction.

Contractor's On-Site Equipment Storage (Land Use). See Section 17.16.150(B).

Contractor's Project Office (Land Use). See Section 17.16.150(A).

Conventional Residential Development. See Section 17.16.070(A).

Countryside Residential (CR-5ac) District. See Section 17.12.050(B)(1).

Cultivation (Land Use). See Section 17.16.080(A).

Day Care. See "family day care home," "intermediate day care home," or "group day care center."

"Dedication" means the transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee-simple interest, including an easement.

"Density" means a term used to describe the number of dwelling units per acre.

Detailed Site Analysis Map. See Section 17.28.120.

"Developer" means the legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an optionee or contract purchaser.

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this title.

"Development option(s)" means the type of residential or nonresidential development as categorized by the proportion of the site devoted to permanently protected green space. See Section 17.20.060(B)(5) for residential uses, and Section 17.20.060(C)(5) for nonresidential uses.

"Development pad" means the area of a lot within a large lot residential development which is devoted to structures and septic systems. (See Section 17.28.120(B)(4))

"Direct access" means a condition of immediate physical connection resulting from adjacency of a road or right-of-way abutting a property.

Disposal Land Use(s). See Section 17.16.110.

Distribution Center (Land Use). See Section 17.16.120(D).

"Drainage" means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff, to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

Drainage Standards. See Section 17.36.170.

Drainage Structure (Land Use). See Section 17.16.140(C)(14).

Drainageway. See Section 17.28.060(A).

Drive-in Theater (Land Use) See Section 17.16.100(I).

Duplex. See Section 17.24.030(L).

"Dwelling" means a residential building or one or more portions thereof occupied or intended to be occupied exclusively for residence purpose, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds.

Dwelling, Attached. "Attached dwelling" means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, Detached. "Detached dwelling" means a dwelling which is entirely surrounded by open space on the same lot.

Dwelling, Single-Family Detached. "Single-family detached dwelling" means a dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit.

"Dwelling unit" means a room or group of rooms, providing or intended to provide living quarters for not more than one family. See Section 17.20.060(B)(4).

"Dwelling unit separation" means the narrowest distance between two dwelling units. See "minimum dwelling unit separation."

"Easement" means authorization by a property owner for another party to use for a specified purpose any designated part of his or her property.

Electromagnetic Radiation Standards. See Section 17.36.120.

"Elevated building" means a nonbasement building built to have its lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls or breakaway walls.

"Environs (of the city of Sun Prairie)" means the area in which the city of Sun Prairie exercises extraterritorial powers.

Equestrian Development. See Section 17.16.070(B).

"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

"Essential services" means facilities that are:

1.

Owned or maintained by public utility companies or public agencies; and

2.

Located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way; and

3.

Reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers; and

4.

Not including any cross-country line on towers, and not in a private right-of-way.

Estate Residential (ER-1) District. See Section 17.12.050(B)(2).

Explosion Standards. See Section 17.36.140.

Extraction Use (Land Use). See Section 17.16.130(D).

"Extraterritorial area" means the area outside of the city limits in which the city of Sun Prairie exercises extraterritorial powers of land division, and/or zoning review.

"Family" means an individual or two or more persons, each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household.

Family Day Care Home (Land Use). See Section 17.16.140(C)(21).

Farm Residence (Land Use). See Section 17.16.140(C)(3).

Fees. See Section 17.48.050.

Fencing Standards. See Section 17.36.200.

Filling (Land Use). See Section 17.16.140(C)(15).

Fire Standards. See Section 17.36.140.

"First habitable floor" means the top surface above an unfinished basement or crawl space that is intended for living quarters.

Flood Fringe. See Section 17.28.030.

Flood Hazard Boundary Map (FHBM). See Section 17.28.030.

Flood Insurance Rate Map (FIRM). See Section 17.28.030.

Flood Insurance Study. See Section 17.28.030.

Floodplain. See Section 17.28.030.

Floodproofing. See Section 17.28.030.

Floodway. See Section 17.28.030.

"Floor area" means the sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the inside of the exterior walls and to the center of interior walls.

"Floor area ratio (FAR)" means the ratio calculated by dividing the total floor area of all buildings on a site by the gross site area. See "maximum floor area ratio." See also, the key to Table 17.20.050.

"Flyway barrier" means a barrier used adjacent to the hive opening that forces bees to fly upward.

"Footcandle" means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

Freight Terminal (Land Use). See Section 17.16.120(C).

"Frontage" means all property abutting on one side of a street between two intersecting streets or between an intersecting street and the dead-end of a street.

"Garage (residential)" means a detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of four thousand five hundred (4,500) pounds. See Section 17.16.140(C)(4).

"Garage, side-loaded attached (residential)" means a private garage attached directly to the principal building, or attached by means of an enclosed or open breezeway, porch, terrace, or vestibule, or a private garage so constructed as to form an integral part of the principal building, where all vehicle doors face an interior side lot line and are generally perpendicular to the front/street side lot line.

Gas station. See "in-vehicle sales or service."

"General floor plans" means a graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.

"Glare" means the brightness of a light source which causes eye discomfort.

Glare Standards. See Section 17.36.130.

"Governmental" means of or relating to any foreign, federal, state, or local agency or agencies or public entity having taxing authority or any agency thereof.

"Green space ratio (GSR)" means the percentage of the gross site area which is preserved as permanently protected green space. Green space ratio is calculated by dividing the area of permanently protected green space by the gross site area. See "minimum green space ratio." See also, the key to Table 17.20.040.

"Grid-Connected Solar Energy System (Land Use)." See Section 17.16.090(J)

"Gross density" means the result of dividing the number of dwelling units located on a site by the gross site area. See "maximum gross density." See also, the key to Table 17.20.040.

"Gross floor area" means the total floor area of a building.

"Gross site area (GSA)" means the total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development, as determined by the calculation contained in Section 17.20.030(C)(1). See "minimum site area." See also, the key to Table 17.20.040.

"Ground-Mounted Solar Energy System as Accessory Use" means a solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process.

Group Day Care Center (Land Use). See Section 17.16.100(M).

Group Development. See Section 17.16.180.

Heat Standards. See Section 17.36.130.

Heavy Industrial (Land Use). See Section 17.16.130(B).

Heavy Industrial (HI) District. See Section 17.12.050(C)(8).

"Height of structure" means the vertical distance measured from the average of the exit discharge grade elevation of all required first story exits to the top of a level roof or to a point one-half of the distance between the intersection of the exterior wall surface (extended) with the roof surface, and the highest part of the roof but not to include the penthouses. See also, "maximum height and building height."

Heliport (Land Use). See Section 17.16.120(B).

"Hive" means a manmade home for bees including a bottom board, hive bodies, frames enclosing honey combs, and covers.

"Holding zone" means a zoning district designed to limit development potential until adequate public services and infrastructure are provided.

Home Occupation (Land Use). See Section 17.16.140(C)(19).

"Household pet" means any domesticated animal, including dogs, cats, birds, small rodents such as rabbits, guinea pigs, hamsters, gerbils; small nonpoisonous reptiles, or other animals that are typically confined to a cage or other enclosure in a household setting, which are fed, watered, harbored or allowed, by city ordinances, to be or remain in the city, excluding:

1.

Any hoofed animal.

2.

Any animal in a zoo, exhibition or fair authorized by city ordinances.

3.

Any animal which is held for use in bona fide scientific research.

"Household pet boarding facility" means a commercial establishment in which household pets are housed for a fee or compensation. See Section 17.16.100(R).

Husbandry (Land Use). See Section 17.16.080(B).

Indoor Commercial Entertainment (Land Use). See Section 17.16.100(H).

Indoor Institutional (Land Use). See Section 17.16.090(C).

Indoor Maintenance Service (Land Use). See Section 17.16.100(E).

Indoor Sales (Land Use). See Section 17.16.100(C).

Indoor Sales Accessory to Light Industrial Use (Land Use). See Section 17.16.140(C)(12).

Indoor Service (Land Use). See Section 17.16.100(C).

Indoor Storage (Land Use). See Section 17.16.110(A).

Indoor Wholesaling (Land Use). See Section 17.16.110(A).

Industrial District(s). See Section 17.12.020.

Industrial Land Use(s). See Section 17.16.130.

"Infill development" means development located in areas which are for the most part developed already.

"Institution" means of or relating to a governmental or public agency or entity, or civic or fraternal institution or foundation that is widely sanctioned such as the Lion's Club, Knights of Columbus, or Veterans of Foreign Wars, or similar entity providing a service which fulfills a fundamental human or social need or activity such as a school, library, church, hospital, funeral home or cemetery.

Institutional Land Use(s). See Section 17.16.090.

Institutional Residential Development. See Section 17.16.070(F).

Institutional Residential Unit. See Section 17.24.030(S).

"Intensity" means a term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site.

Intensive Agricultural (Land Use). See Section 17.16.080(C).

Intermediate Day Care Home (Land Use). See Section 17.16.140(C)(22).

Interpretation. See Section 17.48.020(B)(1)(d) See also, Section 17.44.090 for applicable procedures.

In-Vehicle Sales (Land Use). See Section 17.16.100(G).

In-Vehicle Sales as Accessory Use (Land Use). See Section 17.16.140(C)(11).

In-Vehicle Service (Land Use). See Section 17.16.100(G).

In-Vehicle Service as Accessory Use (Land Use). See Section 17.16.140(C)(11).

Junkyard (Land Use). See Section 17.16.110(D).

"Land use" means the type of development and/or activity occurring on a piece of property.

"Landscaped area" means the area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters.

"Landscape surface area ratio (LSR)" means the percentage of the gross site area or lot area which is preserved as permanently protected landscaped area. See the key to Table 17.20.050 and Section 17.24.030.

Lawn Care (Land Use). See Section 17.16.140(C)(16).

Light Industrial (Land Use). See Section 17.16.130(A).

Light Industrial Incidental to Indoor Sales. See Section 17.16.140(C)(13).

Lighting Standards. See Section 17.36.070.

Loading Standards. See Section 17.36.050.

"Local residential street" means a road which primarily serves to collect traffic originating directly from residential driveways and private residential courts and streets.

Loose Cluster Development. See Section 17.16.070(C).

"Lot" means a parcel of land that:

1.

Is undivided by any street or private road;

2.

Is occupied by, or designated to be developed for, one building or principal use; and

3.

Contains the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designed and arranged or required by this title for such building, use, or development.

"Lot area" means the area contained within the property boundaries of a recorded lot. See "minimum lot area." See also, key to Table 17.20.040 and key to Table 17.20.050.

Lot, Corner. "Corner lot" means a lot situated at the junction of and abutting on two or more intersection streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five (135) degrees.

"Lot depth" means the mean horizontal distance between the front lot line and the rear lot line of a lot.

"Lot frontage" means lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this title shall be provided at each such line.

"Lot interior" means a lot other than a corner lot.

"Lot line" means a lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this title.

Lot Line, Front. "Front lot line" means a lot line which abuts a public or private street right-of-way. In the case of a lot which has two or more street frontages, the lot line most closely parallel with the front door of the house shall be the front lot line.

Lot Line House. See Section 17.24.030(J).

Lot Line, Rear. "Rear lot line" means in the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.

Lot Line, Side. "Side lot line" means any boundary of a lot which is not a front lot line, a street side lot line, or a rear lot line.

Lot Line, Street Side. "Street side lot line" means any lot line which abuts a public or private street right-of-way which is not the front lot line.

"Lot of record" means a platted lot or lot described in a certified survey map or metes and bounds description which has been approved by the city or by Dane County; and has been recorded in the office of the register of deeds.

Lot, Through. "Through lot" means a lot which has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac). Except for through lots which abut an arterial or nonresidential collector street, through lots shall be prohibited under the provisions of this title.

"Lot width" means the maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard. See "minimum lot width."

"Lowest floor" means the floor of the lowest enclosed (including basement). Any unfinished or floor resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.

"Maintenance guarantee" means a guarantee of facilities or work to either ensure the correction of any failures of any improvements required pursuant to this title or to maintain same.

Manufactured Home. See Section 17.24.030(T).

Manufactured Home Park Residential Development. See Section 17.16.070(H).

Manufactured Home Residential Development. See Section 17.16.07(G).

"Master plan" means a plan, map, report, or other document pertaining to the physical development of the city which has been adopted by the city plan commission, as described in Wisconsin Statutes 62.23(2) and (3).

"Maximum building size (MBS)" means the largest permitted total gross floor area a building may contain. See "building size." See also, the key to Table 17.20.050.

"Maximum floor area ratio (FAR)" means the largest amount of floor area permitted on a site. See "floor area ratio." See also, the key to Table 17.20.050 and Section 17.24.030.

"Maximum gross density (MGD)" means the maximum number of dwelling units permitted per acre of gross site area. See "gross density." See also, the key to Table 17.20.040.

"Maximum height" means the maximum height of the highest portion of any structure. See "height." See also, Sections 17.24.030 and 17.24.040.

Maximum Number of Floors. See the key to Table 17.20.050.

Migrant Labor Camp (Land Use). See Section 17.16.140(C)(23).

"Minimum building separation" means the narrowest permitted building separation. See "building separation."

"Minimum dwelling unit separation" means the narrowest permitted dwelling unit separation. See "dwelling unit separation." See also, Section 17.24.030.

"Minimum floor elevation" means the lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.

"Minimum green space ratio (GSR)" means the lowest permitted green space ratio. See "green space ratio." See also, Section 17.20.040.

"Minimum landscape surface ratio (LSR)" means the lowest permitted landscape surface ratio. See "landscape surface ratio." See also, Sections 17.20.050 and 17.24.030.

"Minimum lot area (MLA)" means the minimum size lot permitted within the specified zoning district and development option. See also, the keys to Tables 17.20.040 and 17.20.050.

"Minimum lot width" means the smallest permissible lot width for the applicable dwelling unit type (Section 17.24.030) or nonresidential development option (Table 17.24.040). See also, "lot width."

"Minimum setback" means the narrowest distance permitted from a street, side, or rear property line to a structure. See Sections 17.24.030 and 17.24.040.

"Minimum site area (MSA)" means the minimum gross site area in which the specified development option may occur. See gross site area (GSA). See also, the key to Table 17.20.040.

Mini-Warehouse. See Section 17.16.110(C).

Mixed Residential (MR-8) District. See Section 17.12.050(B)(4).

Mobilehome (Land Use). See Section 17.24.030(T).

Mobilehome Park. See Section 17.16.070(H).

Mobilehome Sales. See Section 17.16.100(D).

Moderate Cluster Development. See Section 17.16.070(D).

Motel, Motor Court, Hotel. See "commercial indoor lodging."

Motor Freight Terminal. See "freight terminal."

Multiplex. See Section 17.24.030(Q).

"Natural resource protection overlay zoning districts" means zoning districts which primarily identify and regulate the disturbance of areas containing protected natural resources. See Sections 17.12.060 and 17.12.070. (See overlay zoning districts.)

Natural Resources Site Evaluation. See Section 17.20.030.

Neighborhood Commercial (NC) District. See Section 17.12.050(C)(2).

"Net developable area (NDA)" means the area of a site which may be disturbed by development activity. Net developable area is calculated in Section 17.20.030(C)(3), and is the result of subtracting required resource protection area (RPA) from the gross site area (GSA).

Noise Standards. See Section 17.36.090.

"Nonconforming building or structure" means any building, or other structure, which is lawfully existing under provisions preceding this title, which would not conform to the applicable regulations if the building or structure were to be erected under the provisions of this title. See Section 17.24.110.

"Nonconforming development" means a lawful development approved under provisions preceding the effective date of this title, which would not conform to the applicable regulations if the development were to be created under the current provisions of this title. See Section 17.20.070.

"Nonconforming lot" means a lot of record which lawfully existed prior to this title, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this title. See Section 17.24.100.

"Nonconforming use" means an active and actual use of land, buildings or structures lawfully existing prior to this title which has continued as the same use to the present and which does not comply with all the applicable regulations of this title. See Section 17.16.170.

Nonresidential District(s). See Section 17.12.020.

Nonresidential Land Use(s). See Sections 17.16.080 through 17.16.130.

Noxious Materials Standards. See Section 17.36.150.

"Noxious matter or materials" means material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals.

Odor Standards. See Section 17.36.110.

Office (Land Use). See Section 17.16.100(A).

Office District. See Section 17.12.020.

Official Map. See Section 14.04.040.

Official Zoning Map. See Sections 17.12.030, 17.12.040, 17.12.070, 17.12.100, 17.12.110, 17.12.130, and 17.12.150.

Off-Site Parking Lot (Land Use). See Section 17.16.120(A).

"100-year flood elevation" means the regional flood, the one percent chance flood, or the base flood.

"On-site" means located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.

On-Site Agricultural Retail (Land Use). See Section 17.16.080(E).

On-Site Composting (Land Use). See Section 17.16.140(20).

On-Site Parking Lot (Land Use). See Section 17.16.140(2).

On-Site Real Estate Sales Office (Land Use). See Section 17.16.150(D).

"Opacity" means the degree to which vision is blocked by a bufferyard. Opacity is the proportion of the area of a bufferyard's vertical plane which obstructs views into an adjoining property.

"Open sales lot" means an unenclosed portion of a lot or lot of record where goods are displayed for sale, rent or trade.

Other Permanently Protected Green Space. See Section 17.28.110.

Outdoor Assembly (Land Use). See Section 17.16.150(F).

Outdoor Display and Sales, Permanent, Accessory (Land Use). See Sections 17.16.140(10).

Outdoor Display and Sales, Permanent, Principal (Land Use). See Section 17.16.100(D).

Outdoor Display and Sales, Temporary (Land Use). See Section 17.16.150(E).

Outdoor Institutional (Land Use). See Section 17.16.090(D).

Outdoor Maintenance Service (Land Use). See Section 17.16.100(F).

Outdoor Storage (Land Use). See Section 17.16.110(B).

Outdoor Wholesaling (Land Use). See Section 17.16.110(B).

"Overlay zoning district" means a zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts described in Section 17.12.020, as well as the general restrictions of this title. See Sections 17.12.060, 17.12.070 and Chapter 17.28.

"Oversized vehicle" means any commercial or recreational vehicle, that exceeds twenty-two (22) feet in length and/or has a gross vehicle weight greater than ten thousand (10,000) pounds. Vehicle length shall generally be measured from bumper to bumper. In the case of vehicles with a tongue or hitch, such as a trailer or boat/trailer, the measurement shall not include the tongue or hitch.

"Owner" means the person or persons having the right of legal title to a lot or parcel of land.

Pad, Development. See "development pad."

"Parcel" means the area within the boundary lines of a plat.

Parking Lot Standards. See Section 17.36.040(F).

Parking Requirements. See Section 17.36.040(G) (3).

Parking Space, Designated. "Designated parking space" means an area of a paved driveway or other paved or all-weather surfaced area which meets the typical parking layout dimensions of Table 17.36.040(F)(10) for stall width and depth.

Parking Space Standards. See Section 17.36.040 (F)(10).

Parking Standards. See Section 17.36.040.

"Passenger vehicle" means all vehicles designed and licensed for use on public roadways having a length of twenty-two (22) feet or less and used to transport persons and property. Passenger vehicles include but are not limited to cars, minivans, passenger vans, jeeps, SUV's, motorcycles, mopeds, pick-up trucks.

Passive Outdoor Public Recreational (Land Use). See Section 17.16.090(A).

"Payday loan" means any of the following:

1.

A transaction between an individual with an account at a financial establishment and another person, including a person who is not physically located in this state, in which the person agrees to accept from the individual one or more checks, to hold the check or checks for a period of time before negotiating or presenting the check or checks for payment, and to loan to the individual, before negotiating or presenting the check or checks for payment, an amount that is agreed to by the individual.

2.

A transaction between an individual with an account at a financial establishment and another person, including a person who is not physically located in this state, in which the person agrees to accept the individual's authorization to initiate one or more electronic fund transfers from the account, to wait a period of time before initiating the electronic fund transfer or transfers, and to loan to the individual, before initiating the electronic fund transfer or transfers, an amount that is agreed to by the individual.

Penalty. See Section 17.48.060.

"Performance guarantee" means a financial guarantee to ensure that all improvements, facilities, or work required by this title will be completed in compliance with the title, regulations and the approved plans and specifications of a development.

"Performance standard" means criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. (See Chapter 17.36.)

"Peripheral setback" means the distance between a structure and the boundary of a development option. See Section 17.24.030.

"Permanent cosmetic facility" means a facility where procedures are performed in which pigment is applied with a needle, electronic machine, or other means to produce a permanent mark visible through the skin. Procedures include, but are not limited to: the application of eyeliner, eye shadow, lip, eyebrow, or cheek color for the purposes of enhanced aesthetic; scar concealment; and/or re-pigmentation of areas involving reconstructive surgery or trauma. Permanent cosmetic facilities shall adhere to the licensure requirements as contained in Chapter HFS 173, Wisconsin Administrative Code. These facilities are included as "personal or professional service" uses.

"Permanently protected green space" means an area in which site disruption and/or development is strictly limited. See Section 17.16.040.

Permitted by Right, Use. See Section 17.16.020(B).

Personal Service(s) (Land Use). See Section 17.16.100(B).

Personal Storage Facility (Land Use). See Section 17.16.110(C).

"Pet shop" means a retail or wholesale business offering for sale household pets, excluding commercial kennels. A pet shop is considered an indoor sales and service use.

"Plan commission" means the plan commission of the city of Sun Prairie. (See also Section 17.48.030.)

Plant Unit. See Section 17.32.030.

"Post-development 100-year floodplain" means those areas having a one percent (1%) chance in any given year of flooding. This area includes areas referred to as the "base flood", "regional flood", "100-year flood", and the "floodplain".

Prairie. See Section 17.28.100(A).

Principal Building. See "building, principal."

"Principal use" means the primary or predominant use or activity conducted on a subject property.

"Private outdoor cafe" means any outdoor dining area that is located on private property and operated adjacent to and in conjunction with a restaurant as defined in Section 254.61(5), Wisconsin Statutes, in which the sale of alcohol beverages accounts for less than fifty percent (50%) of their gross receipts.

Professional Service(s) (Land Use). See Section 17.16.100(B).

"Protected natural resources" means resources such as floodplains, wetlands, drainageways, woodlands, steep slopes, shorelands, ridgetops, and prairies, which are protected by the provisions of the ordinance codified in this title. See Section 17.12.060 and Chapter 17.28.

"Public improvement" means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: streets, roads, alleys or pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

Public Services and Utilities (Land Use). See Section 17.16.090(E).

"Public sewer" includes the city of Sun Prairie sewer system and other forms of sewer systems approved by the state health department and maintained by a public agency authorized to operate such systems.

Recorded Lot. See "lot of record."

"Recreational vehicle" means a vehicle built on a single chassis designed for recreational purposes, which may be self propelled or towed by another vehicle and/or any vehicle used for recreational purposes. Recreational vehicles and equipment includes but is not limited to, boats, snowmobiles, watercraft, all-terrain vehicles, travel trailers, trailers designed and used solely to transport recreational equipment, pop-up campers, motor homes, monster trucks, and animal trailers.

Regional Flood. See Section 17.28.030.

Relocatable Building (Land Use). See Section 17.16.150(C).

"Required resource protection area (RPA)" means the area of a site which may not be disturbed by development activity and which must also be reserved as permanently protected green space. Required resource protection area is calculated in Section 17.20.030(C)(2), and is the result of subtracting the net developable area (NDA) from the gross site area (GSA).

"Residential collector street" means a collector street serving primarily residential land uses which primarily serves to connect local residential streets to collector or arterial streets.

Residential District(s). See Section 17.12.020.

Residential Kennel, Private (Land Use). See Section 17.16.140(6).

Residential Land Use(s). See Section 17.16.070.

Residential Recreational Facility, Private (Land Use). See Section 17.16.140(5).

Residential Stable, Private (Land Use). See Section 17.16.140(7).

"Residentially zoned" means a property located in a residential district per Section 17.12.020.

Restrictive, More (Less). "More (less) restrictive" means a regulation imposed by this title is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications.

Restaurant. See "indoor commercial entertainment."

Restaurant, Fast Food. See "in-vehicle sales and service."

Ridgetop. See Section 17.28.090(A).

"Roof-Mounted Solar Energy System as Accessory Use" means a solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure.

Rural Holding (RH) District. See Section 17.12.050(A).

Salvage Yard (Land Use). See Section 17.16.110(D).

"Scale (of development)" means a term used to describe the gross floor area, height, or volume of a single structure or group of structures.

"Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.

Septic Disposal System, Individual (Land Use). See Section 17.16.140(17).

"Setback" means the shortest distance between a building's or structure's exterior from the nearest point on the referenced lot line. See "minimum setback."

Sexually-Oriented Use (Land Use). See Section 17.16.100(P).

Shopping Center. See "group development."

"Shoreland" means land within the following distances from the ordinary highwater mark of navigable waters: One thousand (1,000) feet from a lake, pond or flowage; three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

"Shrub" means a low-lying deciduous or evergreen plant. See Section 17.32.100.

"Sidewalk cafe" means any outdoor dining area located in any public sidewalk or right-of-way that is operated adjacent to and in conjunction with a restaurant as defined in Section 254.61(5), Wisconsin Statutes, in which the sale of alcohol beverages accounts for less than fifty percent (50%) of their gross receipts.

"Sidewalk cafe area" means the area calculated by multiplying the frontage of that portion of the property or building containing the business establishment times the width of the sidewalk less such area as is reserved for the unobstructed pedestrian walkway or such other area as is approved by the city for use as a sidewalk cafe.

Sign. See Section 17.40.020.

Single-Family Detached Dwelling Unit. See Section 17.24.030(A) through (I).

Site Area. See "gross site area."

Site Plan. See Section 17.44.070. See also, Section 17.44.070 for applicable procedures.

"Skylight" means a window or other paned area located on the ceiling or roof of a structure.

"Solid fence" means any fence which cannot be seen through. Such fences include basketweave fences, stockade fences, plank fences and similar fences.

"Solar Energy System" means a device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

"Solar Photovoltaic System ("Solar PV")" means a solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring.

"Special use" means a land use which must be developed per a set of requirements specifically applying to that use. See Section 17.16.020(C). See also, Section 17.44.040 for applicable procedures.

"Stable, commercial" means a place where the keeping, raising, selling, boarding, breeding, showing, training, treating, grooming, or riding of horses is conducted as a business or hobby. The keeping of horses or other large domestic animals for private use on individual residential lots is regulated by Section 17.16.080, Agricultural land uses. See also "commercial animal boarding."

Stable, Private. See "residential stable, private."

"Standard Industrial Classification Code (SIC)" means the numeric code for categorizing land uses developed by the U.S. Department of Commerce. SIC codes in this title are based on the listing contained within the 1987 manual.

"Standard zoning districts" means zoning districts which primarily regulate the use of land, and intensity or density of such use. See Sections 17.12.020 and 17.12.050.

"Start of construction" means the date the building permit is issued, provided the actual start of activity was within one hundred eighty (180) days of the permit date. The actual start of activity means either the first placement of permanent construction of a structure on the site such as the pouring of a slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations; nor does it include the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure.

Steep Slope. See Section 17.28.080(A).

Storage Land Use(s). See Section 17.16.110.

Storage Standards. See Section 17.36.060.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story.

"Street" means any public or private way dedicated or permanently open to pedestrian and vehicular use which is twenty-one (21) feet or more in width if it exists at the time of enactment of this title; and any such public right-of-way fifty (50) feet in width when established after the effective date of this title.

Street Line. See "lot line, front."

"Strip development" means a pattern of land uses typified by nonresidential and/or multifamily development located along one or both sides of a street which is generally only one lot deep and which is characterized by many curb cuts, low green space ratios, low landscape surface ratios, high floor area ratios, and/or low quantities of landscaping.

"Structure" means anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excepting public utility fixtures and appurtenances.

Suburban Commercial (SC) District. See Section 17.12.050(C)(3).

Suburban Industrial (SI) District. See Section 17.12.050(C)(6).

Suburban Office (SO) District. See Section 17.12.050(C)(1).

Suburban Residential (SR-4) District. See Section 17.12.050(B)(3).

"Swale" means a linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.

"Temporary use" means a land use which is present on a property for a limited and specified period of time. See Section 17.16.030. See also Section 17.44.040 for applicable procedures.

Townhouse. See Section 17.24.030(P).

Toxic Materials Standards. See Section 17.36.150.

Transportation Land Use(s). See Section 17.16.120.

Tree Removal (30% or less) (Land Use). See Section 17.16.080(F).

Tree Removal (more than 30%) (Land Use). See Section 17.16.080(G).

Truck Stop. See "in-vehicle sales and service."

Twin House. See Section 17.24.030(K).

Two-Flat House. See Section 17.24.030(M).

"Understory tree" means a tree that would occupy the understory of a forest in a natural ecological situation. These types of trees are often referred to as ornamental trees. Examples include redbud, hazel, alder, holly hornbeam, dogwood, witch-hazel, etc. See Section 17.32.100.

Urban Commercial (UC) District. See Section 17.12.050(C)(4).

Urban Industrial (UI) District. See Section 17.12.050(C)(7).

Urban Residential (UR-12) District. See Section 17.12.050(B)(5).

"Use" means the purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, Accessory. See "accessory use."

Use, Conditional. See "conditional use."

Use, Principal. See "principal use."

Use, Special. See "special use."

Utility Shed (Land Use). See Section 17.16.140(4).

"Variance" means permission to depart from the literal requirements of this title granted pursuant to Section 17.44.080.

"Veterinary clinic" means any establishment in which the practice of veterinary medicine is the primary business. A veterinary clinic is considered a personal or professional service use.

Vibration Standards. See Section 17.36.080.

Violation. See Section 17.48.060.

Visibility Standards. See Section 17.36.030.

Waste Disposal Facility (Land Use). See Section 17.16.110(E).

Waste Materials Standards. See Section 17.36.160.

Weak Link Townhouse. See Section 17.24.030(O).

Wetland. See Section 17.28.040.

Woodland. See Section 17.28.070(A).

"Working days" means Monday, Tuesday, Wednesday, Thursday or Friday; excluding holidays granted by the city of Sun Prairie to its department heads.

"Yard" means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this title. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

Yard, Front. "Front yard" means a yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

Yard, Rear. "Rear yard" means a yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

Yard, Side. "Side yard" means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

"Zoning administrator" means the city employee charged with the application and interpretation of this title. See Section 17.48.020.

Zoning District(s). See Section 17.12.020.

Zoning District Categories. See Section 17.12.020.

Zoning Map. See "official zoning map."

(Ord. No. 945, § 1, 2-20-2024; Ord. No. 842, § 1, 2-16-2021; Ord. 615, § 1, 10-6-2015; Ord. 613, § 1, 8-18-2015; Ord. 593, § 1, 3-17-2015; Ord. 567, § 1, 7-8-2014; Ord. 459, § 1, 3-15-2011; Ord. 454, § 1, 12-21-2010; Ord. No. 432, § 7, 4-20-2010; Ord. 385, § 1, 11-18-2008; Ord. 276, § 1, 10-3-2006; Ord. 228A, § 1, 1-17-2006; Ord. 200, § 1.A., 6-21-2005; Ord. 167, § 1, 12-21-2004; Ord. 154, § 2, 8-3-2004; Ord. 539, (part), 2000; prior code § 13-2-4)