The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means a building or use subordinate in use, area or purpose to the principal building or use on the same lot and serving a purpose naturally and normally incidental to such principal building or use. Where an accessory building is attached to the principal building in a substantial manner by a wall or roof, it shall be considered part of the principal building.

Alley means a public thoroughfare less than 30 feet in width.

Alley line means the established side line of an alley easement.

Apartment means a part of a building consisting of a room or suite of rooms intended, designed or used as a residence by an individual or a single family.

Apartment hotel means a building designed for or containing not less than 20 apartments, individual guestrooms or suites in which may be furnished services ordinarily furnished by hotels, such as drugstores, tearooms, barbershops, cigar and news stands, when such uses are located entirely within the building with no separate entrance from the street, and having no sign or display visible from the outside of the building indicating the existence of such use.

Apartment house. See "dwelling, multiple."

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than five feet of its height below the ceiling is above the grade of the adjoining ground.

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for five or more persons, but not exceeding 15 persons.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, and when separated by party or division walls without openings, each portion of such building so separated shall be deemed a separate building.

Clinic means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or physicians and dentists in practice together.

Club means a building or portion thereof or premises owned or operated by a corporation, association or person for a social, educational or recreational purpose, but not primarily for profit, or to render a service which is customarily carried on as a business.

District means any section of the city within which zoning regulations are uniform.

Dwelling means any building or portion thereof which is designed for or used for residential purposes.

Dwelling, one-family means a building designed for exclusive occupancy by one family and occupied exclusively by one family and not more than four roomers.

Dwelling, group means one or more buildings containing dwelling units and arranged around two or three sides of a court which opens onto a street or place.

Dwelling, multiple means a building designed for or occupied exclusively by three or more families.

Dwelling, townhouse means a structure containing three to eight dwelling units each sharing two vertical party or division walls, except that each end unit will have a single party or division wall, with no dwelling units sharing a common horizontal surface.

Dwelling, two-family means a building designed for exclusive occupancy by two families and occupied exclusively by two families and not more than four roomers.

Efficiency dwelling unit means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, providing that such dining alcove does not exceed 125 square feet in area.

Family means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boardinghouse, lodging house, motel or hotel as herein defined.

Filling station means any building, structure, or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, or spray painting.

Frontage means all the property on one side of a street between two streets which intersect such street (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between a street which intersects such street and the dead end of the street.

Garage, private means an accessory building designed or used for the storage only of not more than four motor-driven vehicles. Not more than one of the vehicles may be a commercial vehicle, which vehicle shall not exceed a two-ton capacity.

Garage, public means a building or portion thereof, other than a private storage or parking garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor driven vehicles.

Garage, storage or parking means a building or portion thereof designed or used exclusively for the storage of motor-driven vehicles, and within which motor fuels and oils may be sold, but no vehicles are equipped, repaired, hired or sold.

Grade means:

(1)

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;

(2)

For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets;

(3)

For buildings having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Height of building means the vertical distance at the center of the principal front of a building, measured from the grade on that front to the highest point of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable, or of a mean height level between eaves and hip or gambrel roof.

Home occupation means any uses customarily incidental and subordinate to the principal residential use conducted within a dwelling and not in any accessory building, provided that no retail business of any sort is involved; no stock in trade is kept or commodities sold, except such as are made on the premises; no person not a member of the family residing on the premises is employed therein; no mechanical equipment is used except such as is permissible for purely domestic or household purposes; and not more than one-fourth of the floor area of one story of the dwelling is devoted to such home occupation. Provided, however, that such occupation shall not require any internal or external alterations or involve special construction or features; that the occupation shall be conducted entirely within the dwelling; that the entrance to the space devoted to such occupation is from within the building with no separate exterior entrance; and that no display pertaining to such occupation is visible from the street; and provided further, that only one sign or device not exceeding one square foot in area which may contain the name and title only shall be permitted in connection with each such home occupation and shall be attached to the dwelling and not illuminated. No equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-ray, or electrical disturbance to radio or television. In particular, a home occupation includes the following: artist's studio; dressmaking; office of a physician or dentist for consultation or emergency treatment but not for general professional practice; lawyer, engineer, architect or accountant; teaching, with musical instruction limited to not more than two pupils at the same time. However, a home occupation shall not be interpreted to include barbershops, beauty parlors, tourist homes, restaurants or tearooms.

Hotel means a building in which lodging or boarding and lodging are provided for more than 15 persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. A hotel is open to the transient public in contradistinction to a boardinghouse, a roominghouse, or an apartment which are herein separately defined.

Landscape plan means an accurate scale drawing which indicates the major natural features of a site and all proposed buildings, structures, and site improvements in sufficient detail to allow the evaluation of impacts on natural systems and other aspects of the development. The landscape plan shall contain, insofar as applicable, the following minimum information:

(1)

Lot dimensions;

(2)

The location and size of all existing and proposed buildings and other structures;

(3)

Walls and fences;

(4)

Existing coniferous trees having a height of eight feet or greater and existing deciduous trees having a trunk diameter or more than four inches, provided that boundaries for areas containing groups of such trees may be delineated as prime tree stands without identifying individual trees if the species and average tree size within such areas is indicated, and if there will be no construction of buildings or roadways within such areas;

(5)

Marshes, swamps and other wetlands;

(6)

Rock outcrops and severe slopes of 25 percent or greater;

(7)

Floodplains;

(8)

The location, size and specific type of all proposed landscaping material; existing and proposed drainageways;

(9)

Existing and proposed contours at an interval of not less than two feet;

(10)

Vehicular, pedestrian and service access, including parking areas;

(11)

Areas to be conveyed, dedicated or reserved as common open areas, including public parks and recreational areas;

(12)

Drainage improvements such as culverts, retention/detention basins, major drainage swales, and storm water pipes in excess of six inches;

(13)

North arrow;

(14)

Scale;

(15)

Title; and

(16)

Date.

Laundromat means an establishment providing home-type washing, drying, or ironing machines for use on the premises.

Loading space means a space within the main building or on the same lot therewith, providing for the off-street standing, loading or unloading of trucks and trailers.

Lodginghouse. See "roominghouse."

Lot means land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, and the yards and parking spaces required herein, and having its principal frontage upon a street or upon an officially approved place.

Lot, corner means a lot abutting upon two or more streets at their intersection.

Lot, double frontage means a lot having frontage on two streets as distinguished from a corner lot.

Lot of record means a parcel of land which is part of a subdivision, the map of which has been recorded in the office of the register of deeds of the county, or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the register of deeds of the county.

Motor court or motel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Municipality means a city, town, village, political unit or other district possessing corporate existence.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of this chapter or amendment thereto which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated.

Nursing, rest or convalescent home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food or shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Open space. See "usable open space."

Parking area means an open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

Parking lot means an open surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold, but no vehicles are to be equipped, repaired, rented or sold.

Parking space means a surfaced area, enclosed or unenclosed, having a width of not less than seven feet and an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for vehicles.

Place means an open, unoccupied space or thoroughfare other than a street or alley permanently reserved as a principal means of access to abutting property.

Premises means a lot, together with all buildings and structures existing thereon.

Roominghouse means a building other than a hotel where lodging for five but not more than 15 persons is provided for definite periods for compensation pursuant to previous arrangement.

Service club and religious notices means notices defined by the Wis. Admin. Code § Trans 201.05(1), definitions.

Sign means a structure erected to contain a message or messages visible to the general public and the message itself.

Billboard means a sign designed for changeable messages and consisting of a backing to which various changeable messages are applied.

Directional sign means a sign defined by Wis. Admin. Code § Trans 201.05(1), definitions.

Face means the surface of the sign upon, against, or through which the message is displayed or illustrated.

Ground sign means any sign, mobile or immobile, supported by uprights, braces, wheels, or other structures, placed upon the ground, and not attached to any building.

Nonconforming sign means any sign which does not meet the requirements set forth in this chapter but which was lawfully in existence on the day prior to the effective date of chapter 6 of this Code, advertising and signs; provided, however, that any sign, the advertisement or informative contents of which is visible from an interstate highway or federal aid primary highway shall not be deemed nonconforming unless the state department of transportation agrees to pay just compensation for the removal of such sign. The term "lawfully in existence" means already built, located or used in compliance with the then-existing ordinances.

Off-premises sign means any sign placed on or affixed to real estate which is not the real estate at which the business or activity referred to on the sign is conducted.

Official signs and notices means signs defined by the Wis. Admin. Code § Trans 201.05(1), definitions.

On-premises sign means a sign placed on or affixed to real estate which is the real estate which the business or activity referred to on the sign is conducted.

Public service sign means a sign defined by the Wis. Admin. Code § Trans 201.05(1), definitions.

Public utility sign means a sign defined by the Wis. Admin. Code § Trans 201.05(1), definitions.

Tourist-oriented directional advertising signs means any signs defined by the Wis. Admin. Code § Trans 201.05(1), definitions, and shall include signs advertising products as defined in Wis. Admin. Code § Trans 201.05(1), definitions.

Wall signs means any sign which is painted upon the exterior wall of any building or which is braced or otherwise supported by a building wall.

Site plan means an accurate scale drawing which indicates the major features of a proposed development in sufficient detail to allow the evaluation of the land planning, building design and other aspects of the development. The site plan shall contain, insofar as applicable, the following minimum information:

(1)

Lot dimensions;

(2)

The location, size and floor elevation of all existing and proposed buildings and other structures;

(3)

Walls and fences;

(4)

Outdoor storage;

(5)

Yards and space between buildings;

(6)

Vehicular, pedestrian and service access, including curb cuts;

(7)

Storm water drainage directions;

(8)

Off-street parking and loading areas, including the location and type of curbs, number of parking spaces and dimensions;

(9)

Signs and lighting, including location, size, height and method of illumination;

(10)

Relationship to buildings on adjacent properties;

(11)

Street names, including adjacent streets;

(12)

Street dedications and improvements;

(13)

Utility and other easements; waste disposal facilities;

(14)

The existing and intended use of each building or part of a building;

(15)

Total acreage of the site;

(16)

North arrow;

(17)

Scale;

(18)

Title; and

(19)

Date.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

Street means a thoroughfare 30 or more feet in width dedicated to the public, or privately owned and approved by the common council.

Street line means the established side line of a street easement or right-of-way.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls but not including openings in bearing walls as permitted by existing ordinances.

Structure means anything constructed or erected, the use of which requires a location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, fences or pergolas.

Tourist home means a dwelling in which accommodations are provided or offered for one or more, but not exceeding ten, transient guests for compensation for a length of stay not to exceed 30 consecutive nights.

Trailer camp means any park, trailer park, trailer court, court, camp, site, lot, parcel, or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any trailer coaches or upon which any trailer coaches are parked, and shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the trailer camp and its facilities or not. The term "trailer camp" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

Usable open space means open space, other than required building setback areas, which is utilized exclusively for active recreational purposes such as softball, tennis or playgrounds or for passive recreational purposes such as pedestrian walkways or trailers which have been preserved in their natural setting or landscaped. Areas with slopes of 15 percent or greater, and areas of wet, spongy land saturated and partially or intermittently covered with water shall not be considered usable open space. Land on which buildings or other facilities are located may be considered usable open space if such buildings or other facilities are used for noncommercial, recreational, or cultural purposes which are compatible with usable open space objectives and have been specifically approved as part of the development plan.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front means a yard extending across the portion of the lot that fronts a street between the side lot lines, and being the minimum horizontal distance between the street line and the facade of the main building or any projection thereof other than projections permitted in section 122-665(c). On interior lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, with the front facade facing the improved street. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, however the facade may front either street.

Yard, rear means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear of the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or uncovered porches and the rear lot line. On all lots the rear yard shall be at the opposite end of the lot from the front yard.

Yard, side means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.

(Zoning Ord. § 1; Ord. No. O99-3177, 8-2-1999; Ord. No. O01-3309, 8-7-2001; Ord. No. O01-3322, 10-2-2001; Ord. No. O14-3876, § 1, 5-6-2014; Ord. No. O18-4054, § 1, 2-6-2018)

Citations for violations of this chapter may be issued by the public works director/designee in accordance with section 1-14 of this Code, citation and deposit for violation of certain provisions. The cost of citations shall be $100.00 plus penalty assessments and costs.

(Zoning Ord. § 2-16)

In their interpretation and application, the provisions of this chapter shall be construed to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals and general welfare. It is not intended by this chapter to interfere with, abrogate or annul any other resolution or rules, regulations or permits previously adopted or issued or which shall be adopted or issued not in conflict with any of the provisions of this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires a larger open space or larger lot area than that imposed or required by such other resolutions, easements, covenants, or agreements, the provisions of this chapter shall control.

(Zoning Ord. § 2-14)

Except as specifically provided in this chapter, no land shall be used except for a purpose permitted in the district in which it is located.

(Zoning Ord. § 2-3)

Except as specifically provided in this chapter, no building shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which such building is located.

(Zoning Ord. § 2-4)

Except as specifically provided in this chapter, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established in this chapter for the district in which such building is located.

(Zoning Ord. § 2-5)

Except as specifically provided in this chapter, no building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which such building is located.

(Zoning Ord. § 2-6)

Except as specifically provided in this chapter, no building shall be erected or structurally altered except in conformity with the regulations set forth in article VI, division 3 of this chapter, off-street parking and loading requirements.

(Zoning Ord. § 2-7; Ord. No. O92-2686, 10-6-1992)

Except as specifically provided in this chapter, the minimum yards, parking spaces, and open spaces including lot area per family, required by this chapter for each and every building existing on April 11, 1988, or for any building thereafter erected shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

(Zoning Ord. § 2-8)

Except as specifically provided in this chapter, every building erected or structurally altered after April 11, 1988, shall be located on a lot as defined in this chapter, and in no case shall there be more than one main building on one lot.

(Zoning Ord. § 2-9)

Except as specifically provided in this chapter, any outdoor sign or other form of exterior advertising erected or structurally altered shall comply with the provisions of chapter 6 of this Code, advertising and signs. In addition, such sign shall comply with more restrictive requirements when specified in this chapter in the regulations for the district in which they are located.

(Zoning Ord. § 2-10)