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Troy Town Sauk County
City Zoning Code

SUBCHAPTER II

DEFINITIONS

Sec. 7.009.- Purpose.

The purpose of this subchapter is to define words, terms, and phrases contained in this chapter which are essential to the understanding, administration, and enforcement of this chapter.

Sec. 7.010. - Word usage.

For the purposes of this chapter, certain words and terms are used as follows:

(1)

Words used in the present tense include the future.

(2)

Words in the singular include the plural.

(3)

Words in the plural include the singular.

(4)

The word "shall" is mandatory and not permissive.

Sec. 7.011. - Definitions.

For the purposes of this chapter, certain words and terms are defined as follows:

(1)

Accessible element means an exterior component of a building which complies with the Americans with Disabilities Act and provides an accessible route into a building. An accessible element may include curb ramps, ramps, elevators, or lifts.

(2)

Accessory dwelling means a second dwelling that is located on the same lot and under the same ownership as the principal building, and which may be detached from the principal building. The second dwelling is auxiliary to, and smaller than the principal dwelling. It is intended for use as a complete, temporary, independent living facility in conjunction with a dependency living arrangement or agricultural use.

(3)

Accessory structure means a subordinate or supplemental structure, the use of which is incidental to the permitted use of the main structure on the same lot, or to the main use of the premises on which it is located. An accessory structure may not be used for human habitation.

(4)

Accessory use means:

(a)

In all zoning districts, except the exclusive agriculture zoning district, a subordinate use on the same lot that is incidental and customary in connection with the principal or conditional use.

(b)

In the exclusive agriculture zoning district only, any of the following land uses on a farm:

1.

A building, structure, or improvement that is an integral part of, or incidental to, an agricultural use as that term is defined in Wis. Stats. § 91.01.

2.

An activity or business operation that is an integral part of, or incidental to, an agricultural use as that term is defined in Wis. Stats. § 91.01.

3.

A farm residence as that term is defined in Wis. Stats. § 91.01.

4.

A business, activity, or enterprise, whether or not associated with an agricultural use; that is conducted by the owner or operator of a farm; that requires no buildings, structures, or improvements other than those described in paragraph 1., or in paragraph 3., that employs no more than four full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

5.

Any other use that the Wisconsin Department of Agriculture, Trade, and Consumer Protection by rule identifies as an accessory use.

(5)

Active agricultural acres means acres that have been in agricultural use for any period during the previous five years.

(6)

Agency means the Conservation, Planning, and Zoning Committee as designated by the Sauk County Board of Supervisors pursuant to Wis. Stats. § 59.69.

(7)

Agricultural tourism means a use that combines the elements and characteristics of agriculture and tourism. Examples of agricultural tourism include: corn mazes; pick-your-own operations; hay rides; sleigh rides; petting farms; on-farm tours; agricultural related museums; winery or brewery, demonstrations of farming practices, techniques, and methods; fee-based fishing and hunting, horseback riding; haunted barns; and similar activities which are related to agriculture.

(8)

Agricultural use means any activity that is consistent with the definition of agriculture and is conducted for the purpose of producing an income or livelihood.

(9)

Agriculture means the art or science of cultivating soil, harvesting crops, and raising livestock.

(10)

Agriculture incubator means a use that builds local food capacity, farming and entrepreneurial skills, cooperative markets, and supports the development of agriculture-related business.

(11)

Agriculture-related business means a business engaged in the sale or rental of farm supplies, services, or equipment to farmers provided that the sale or rental of farm supplies, services, or equipment to farmers comprises at least 50 percent of the annual gross revenue of the business.

(12)

All-weather surface means any roadway, driveway, or parking lot surface covered with crushed stone, asphalt, grassy pavers, concrete, or other pervious or impervious material in a manner that will support the weight of anticipated vehicular traffic in all weather conditions and minimize the potential for ruts, potholes, and pooling of water.

(13)

Animal rescue or sanctuary means any facility where homeless, stray, abandoned, rescued or unwanted animals are received, harbored, fostered, maintained or made available for adoption to the general public and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of the cruelty to animals or other nonprofit or tax-exempt organization devoted to the welfare, protection or humane treatment of animals. This does not include the harboring of exotic species which have been bred in captivity or taken from the wild and tamed.

(14)

Aquaculture means an agricultural use that utilizes a production system of animals or plants in controlled water environments.

(15)

Art gallery means an establishment engaged in the sale, loan, or display of art books, paintings, sculptures, or other works of art, including those created by the owner or tenant of the establishment.

(16)

Art studio means a facility for any or all of the following:

(a)

Staging of art.

(b)

Production of art.

(c)

Teaching of art.

(17)

Asphalt plant means the manufacturing of asphalt-type roofing materials, asphalt and tar paving mixtures, paving block made of asphalt or various compositions of asphalt or tar with other materials, and the recycling of old asphalt into asphalt-type material. This use also includes the stockpiling of bulk materials required for the process, and storage of the required equipment used in the operation.

(18)

Auction facility means a facility that is used more than two times in a 365-day period for the public sale of property or items of merchandise typically sold to the highest bidder.

(19)

Bed and breakfast establishment means any place of lodging that satisfies all of the following:

(a)

Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients.

(b)

Is the owner's personal dwelling.

(c)

Is occupied by the owner at the time of rental.

(d)

Is an accessory use.

(20)

Biofuel manufacturing means a facility that produces fuel whose energy is derived from the biological fixation of carbon.

(21)

Building means a roofed structure entirely separated from any other structure by space or by walls in which there are no common communicating doors, windows, or similar openings. A building has walls or columns for support and does include swimming pools, both above and below ground, permanent hunting blinds with a foundation, balconies, porches, decks, fireplaces, chimneys, and towers, including communication towers. A building does not include poles, towers and posts for lines carrying communications or electricity, or recreational structures of open construction and without walls, such as swing sets, slides, yard gyms, climbers, sand boxes and teeter totters.

(22)

Building, front of means the side directly facing the public or private road right-of-way which affords primary means of access to the property.

(23)

Building height means the vertical distance, measured from the lowest point of any exposed wall of the front elevation of the finished grade to the highest point of the roof.

(24)

Building line means the point at which the building wall or any appendage of the building such as steps, chimneys, decks, porches, or covered patios meet the ground. For earth-sheltered homes, the building line is a line where the exterior walls of the building, if extended vertically, would be located on the lot.

(25)

Building, principal means a building in which the principal use of the lot on which the building is located is conducted.

(26)

Campground means a parcel or tract of land maintained, intended, or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of camping units. A campground may include buildings to provide services to the patrons such as restrooms, bathing, laundry, and commissary facilities.

(27)

Camping unit means a sleeping unit, such as a tent or recreational vehicle or part thereof, which is used to house a person on a temporary basis and shall not be considered a structure as defined in this ordinance.

(28)

Child care center means a place or home which provides care for four or more children under the age of seven years old for less than 24 hours a day and is licensed or is exempt from licensing. A child-care center, eight or fewer people, must meet the definition of an accessory use.

(29)

Circulation area means space sufficient to allow vehicles in a parking lot to travel in multiple directions safely and efficiently.

(30)

Community living arrangement means any of the following facilities licensed or operated or permitted under the authority of the Wisconsin Department of Health: child welfare agencies under Wis. Stats. § 48.60, group foster homes for children under Wis. Stats. § 48.02(7)(m), and community based residential facilities under Wis. Stats. § 50.01, but does not include child care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

(31)

Composting facility means a facility where compost or organic matter that is diverted primarily from off-site is processed by composting or processed for commercial purposes, or both. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, and marketing of compost.

(32)

Comprehensive plan means a guide to physical, social, and economic development of a local unit of government as defined in Wis. Stats. § 66.1001(1)(a).

(33)

Concrete plant means the production of concrete that uses a manufacturing process involving the mixing of a number of aggregates, sand, water, cement, or other components. This use also includes the stockpiling of bulk materials required for the process and storage of the required equipment used in the operation.

(34)

Conditional use means a use approved by the agency pursuant to the provisions of this chapter.

(35)

Contractor's storage yard means an area outside of a building utilized for the storage and maintenance of contractor's supplies, materials, and operational equipment.

(36)

Department means Sauk County Department of Conservation, Planning and Zoning.

(37)

Dependency living arrangement means a living situation which allows for a dependent person to live in an accessory dwelling while the owner and owner's family live in the principal dwelling or a dependent person lives in a principal dwelling while a caretaker lives in the accessory dwelling.

(38)

Dependent as it pertains to dependency living arrangements, means an individual who requires assistance in the activities of daily living such as eating, dressing, bathing, and ambulation as verified by a physician's statement.

(39)

Dwelling means a single-family dwelling or a multiple family dwelling:

(a)

Single family dwelling means a building designed for and occupied exclusively as a residence for one family.

(b)

Multiple family dwelling means a building designed or intended to be used by two or more families living independently of each other.

(40)

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living sleeping, eating, cooking, and sanitation.

(41)

Family means any number of individuals related by blood, adoption, foster care, or marriage, or not to exceed five persons not so related, living together on the premises as a single housekeeping unit.

(42)

Farm means all land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is primarily devoted to agricultural use if a majority of the land is in agricultural use.

(43)

Farm operator means the owner or other persons engaged in the management of a farm.

(44)

Floor area means the area, measured in square feet, within the outer lines of the exterior walls of a building at the top of the foundation or basement wall; provided that the floor area of a dwelling shall not include space not usable for living quarters, such as attics, utility or unfinished basement rooms, garages, breezeways or unheated porches, or terraces. Floor area includes all area regardless of ability to stand upon; or whether the surface is covered or contains a floor.

(45)

Floor area, gross means the area measured in square feet, within the outer lines of the exterior walls of a building at the top of the foundation or basement wall; provided that the floor area of a dwelling shall include space not usable for living quarters, such as attics, utility or unfinished basement rooms, garages, breezeways or unheated porches or terraces. Gross floor area includes all area regardless of ability to stand upon; or whether the surface is covered or contains a floor.

(46)

Floor space means the floor area inside an establishment that is accessible to patrons.

(47)

Full-time equivalent means a unit equal to 40 hours in any given 7-day week.

(48)

Hazardous substance means any material defined and regulated as a hazardous substance by the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration, the U.S. Department of Transportation, and the U.S. Nuclear Regulatory Commission.

(49)

Home-based business means any nonagricultural occupation or use that is conducted within a dwelling or an accessory structure, and meets the definition of an accessory use.

(50)

Hotel means a place where sleeping accommodations are offered for pay to transients, in five or more rooms, and all places used in connection therewith, and is not a bed and breakfast establishment or lodging house.

(51)

Human habitation means the act of occupying a structure as a dwelling, living, or sleeping place; whether infrequently, intermittently, or as a principal residence.

(52)

Junk means garbage, waste, refuse, trash, any used motor vehicle upon which no current license plate is displayed, any inoperable motor vehicle, any used tire or used motor vehicle part, any inoperable machinery, and any scrap material, such as metal, paper, rags, cans or bottles. Junk shall not apply to operational farm machinery owned by the farm operator of an operating farm.

(53)

Junkyard means:

(a)

Any outside place which stores licensed or unlicensed vehicles that are no longer intended or in condition for legal use on public highways, or used parts of vehicles which have been part of, or are intended to be part of, any vehicle, the sum of which parts or materials shall be equal in bulk to more than three vehicles.

(b)

Any outside place which stores licensed or unlicensed tractors, trailers, boats, all-terrain vehicles, or similar inoperable machinery, or equipment that is inoperable, or used parts or materials from such equipment, the sum of which parts or materials shall equal in bulk more than three of the specific machinery or equipment from which the parts or materials came.

(c)

Any outside place where used, secondhand, waste, junk, or scrap materials, including metals, paper, rags, tires, bottles, scrap iron, machines, or four or more automobiles, are bought, sold, handled, stored, or disassembled;.

(d)

Any outside place that stores four or more unlicensed vehicles.

(e)

Any outside place that stores 100 or more pallets or any outside place that stores less than 100 pallets that are visible from the road or right of way.

(54)

Kennel means either of the following:

(a)

A facility or facilities used for the purpose of commercial boarding or sale of domestic animals or pets such as dogs and cats, and any other customarily incidental treatment of animals such as grooming and cleaning.

(b)

A person who owns or engages in the business, service, or hobby of boarding, breeding, buying, selling, letting for hire, or trading more than 12 adult dogs per year.

(55)

Landfill, clean means any of the following:

(a)

Facilities where only clean soil, brick, building stone, concrete or reinforced concrete not painted with lead-based paint, broken pavement, and wood not treated or painted with preservatives or lead-based paint are disposed.

(b)

Facilities for the exclusive disposal of spoils from sand, gravel or stone and crushed stone quarry operations, and similar nonmetallic earth materials.

(c)

Facilities for the disposal of wood residue from a saw mill, debarker, or equivalent industry which produces less than 5,000 board feet of lumber per year or equivalent and the total disposal facility volume is less than 500 cubic yards of wood residue.

(56)

Landfill, sanitary means a solid waste land disposal site or facility, not classified as a land spreading facility or a surface impoundment facility, where solid waste is disposed on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at such intervals as may be necessary.

(57)

Landscaping center means a business engaged in the provision of landscaping services or wholesale or retail sales of landscaping products, or both, including sod, trees, shrubs, flowers, timbers, and earth covering materials.

(58)

Livestock means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish.

(59)

Livestock harvest facility means any building or premises used for the killing or dressing of livestock; and the storage, freezing, and curing of meat and preparation of meat products.

(60)

Loading area means an off-road space in the same parking lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

(61)

Lodging house means all lodging places, tourist cabins, cottages, and houses, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients for less than 30 continuous days.

A lodging house does not need to meet minimum square foot requirements. lodging house also means to advertise a property that meets this definition. A lodging house shall meet the definition of an accessory use in the exclusive agriculture zoning district.

(62)

Lot means land occupied by or designed to provide space necessary for one principal building and its accessory structures or uses, which abuts a publicly dedicated road. A lot is created by a subdivision plat, or certified survey map, or a parcel described in a conveyance recorded with the Sauk County Register of Deeds, which complies with the minimum size requirements pursuant to the applicable zoning district designation in effect at the time of the land division or recording of the conveyance. A lot shall comply with the minimum area requirements pursuant to the applicable zoning district designation in effect at the time of the land division or recording of the conveyance. No land included in any road, highway, or railroad right-of-way shall be included when computing the area for minimum lot area. No road, highway, easement, railroad right-of-way, river, stream, or water body shall constitute a break in contiguity.

(63)

Lot line, front means:

(a)

On an interior lot, the line separating the lot from the street or right-of-way.

(b)

On a corner or through lot, the line separating the lot from both streets or rights-of-way.

(64)

Lot line, rear means that lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or gore shaped lot, a line ten feet in length entirely within the lot, parallel to and most distant from the front lot line shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions is applicable, the Zoning Administrator shall designate the rear lot line.

(65)

Lot of record means a land area designated in a subdivision plat, plat of survey, or certified survey map, or described in a conveyance recorded with the Sauk County Register of Deeds which complied with zoning laws in existence when the property was originally divided or recorded, or both, but which no longer complies with the minimum land area requirement within the applicable zoning district. Such land area shall be occupied by, or designed to provide, space necessary for one main building and its accessory structures or uses.

(66)

Lot width means the distance between the side lot lines measured along a line that is parallel to the front lot line at the required building setback line. On triangular or gore lots, the lot width shall be measured along a line that is parallel to the chord of the arc of the front lot line at the required building setback line.

(67)

Maintenance means repairs necessary to keep a structure in a safe and habitable condition including exterior and interior painting, replacing damaged or broken window panes, replacing damaged shingles, repairing or replacing floor covering and cabinets, repairing plumbing systems, electrical systems, heating or air conditioning systems, and repairing wells or private on-site wastewater treatment systems, but does not include the repair of structural components.

(68)

Mini-warehousing, self-storage facility means a storage building comprised of separate compartments that are intended for separate rental, each of which has its own separate access.

(69)

Mobile home means either of the following:

(a)

A manufactured home as defined in 42 USC § 5402(6) and that is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC §§ 5401 to 5425.

(b)

A vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle, and equipped and used or intended to be used primarily for human habitation, with walls of rigid non-collapsible construction, which has an overall length in excess of 45 feet.

(70)

Mobile home park means an area which provides the required space necessary for mobile homes, together with the necessary accessory structures, driveways, walks, screening, and other required adjuncts.

(71)

Motel means an establishment that provides lodging and parking for overnight guests where the lodging rooms are usually accessible from the outdoor parking area, and which establishment is identified as a motel rather than a hotel by the operator.

(72)

Nonmetallic mining means:

(a)

Operations or activities for the extraction from the earth, for sale or use by the operator, of mineral aggregates or nonmetallic minerals such as stone, sand, gravel, asbestos, beryl, clay, feldspar, peat, talc, and topsoil, including such operations or activities as excavation, grading, and dredging.

(b)

On-site processes that are related to the extraction of mineral aggregates or nonmetallic minerals, such as stockpiling of materials, blending mineral aggregates or nonmetallic minerals, crushing, screening, scalping, and dewatering.

(73)

Nonmetallic mining site means any of the following:

(a)

The location where nonmetallic mining is proposed or conducted.

(b)

Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

(c)

Areas where nonmetallic mining refuse is deposited.

(d)

Areas disturbed by activities such as construction or improvement of private roads or haulage ways for nonmetallic mining.

(e)

Areas where grading or regrading is necessary to conduct nonmetallic mining or to achieve a land use specified in an approved nonmetallic mining reclamation site.

(f)

For purposes of this ordinance, non-metallic mining does not include excavations for building construction, public infrastructure projects on public land, or government sponsored, financed, or supervised conservation projects.

(74)

Ordinary high water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics and as further defined in Wis. Admin. Code § NR 115.03(6) and Wis. Admin. Code ch. NR 115.

(75)

Parcel means a contiguous quantity of land in the possession of an owner, single or common interest. No road, highway, easement, railroad right-of-way, river, stream, or water body shall constitute a break in contiguity.

(76)

Person means a human being or an entity, such as a corporation, that is recognized by law as having the rights and duties of a human being and shall include the plural.

(77)

Planned rural development (PRD) means one or more lots or parcels of land to be developed as a single entity, which is a combination of a PRD development area and a PRD preservation area, the plan for which may propose intensity increases, mixing of land uses, open space conservation, or any combination thereof, but which meets the applicable zoning district's density and use requirements. For the purposes of this chapter, the terms Planned Rural Development and PRD shall have the same meaning.

(78)

Pond means any naturally occurring or artificially created structure of 200 square feet or more which impounds surface water all or part of the year.

(79)

PRD development area means all land encompassed within the lot created by certified survey map as part of a PRD. This area may contain a dwelling and be otherwise developed as long as the use is permitted within the district and the density requirements are met.

(80)

PRD preservation area means undeveloped lands as part of a PRD identified as the balance of lands remaining once PRD development areas are designated, the area of which meets the density policy, and the area of land is placed under a PRD preservation area easement.

(81)

PRD preservation area easement means a legal agreement recorded with the Sauk County Register of Deeds which conveys an interest in real estate imposing limitations and affirmative obligations on the type and amount of development that may take place on a property. For the purposes of this chapter, the easement shall apply to PRD preservation areas as part of a PRD.

(82)

PRD principal conservation area means areas identified as part of a PRD that contain productive agricultural or environmentally and culturally sensitive lands that significantly contribute to the economic and natural resource base of the rural community. Because of their importance or state and federal use restrictions, these areas shall be protected from residential development and shall include the following:

(a)

Economically productive farmland as determined by the 1977 Soil Survey of Sauk County, Wisconsin, with a land capability of class I or class II that either currently does, or could, contain an agriculture use in a contiguous quantity of five acres or more, regardless of ownership.

(b)

Wetlands identified by the Wisconsin Wetland Inventory Map in accordance with Wis. Stats. § 23.32 and Sauk County Code Chapter 8.

(c)

Lakes, rivers, perennial and intermittent rivers or streams as identified on a USGS Map.

(d)

Floodplains as identified by referring to the maps and studies identified within Sauk County Code Chapter 9.

(e)

Any historical or archaeological site listed on the Wisconsin Archaeological and Historic Resource Database (WisAHRD) by the Wisconsin Historical Society.

(83)

PRD secondary conservation area means the following areas:

(a)

Economically productive farmland as determined by the 1977 Soil Survey of Sauk County, Wisconsin, with a land capability of Class III or greater.

(b)

Steep slopes in excess of 20 percent.

(c)

Large contiguous blocks of forestry in excess of 40 acres.

(d)

Other natural or cultural elements of the site identified for preservation or protection by the Sauk County Agricultural Preservation Plan, the Wisconsin Department of Natural Resources' Natural Heritage Inventory, and applicable comprehensive plans.

(84)

Principal use means a main or primary use of land as distinguished from a conditional or accessory use and permitted by the regulations of the district in which it is located.

(85)

Reconstruct means the process of reproducing by new construction the exact form or detail of a vanished structure or part thereof as it appeared during a specific point in time.

(86)

Recreation facility, indoor means an enclosed facility that provides for activities such as sports and leisure, other than activities associated with agricultural or arts uses.

(87)

Recreation facility, outdoor means land or associated structures that provide sports and leisure activities open to the public, defined groups, or members of a club or association, including archery ranges, race tracks, go-cart tracks, athletic fields, batting cages, and fish ponds, but excluding agricultural or arts uses.

(88)

Recreational vehicle means a vehicle that is designed to be driven or towed upon a highway by a motor vehicle that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid construction, and that does not exceed 45 feet in length or any of the following:

(a)

Camping trailer means a vehicle with a collapsible or folding structure designed for human habitation and towed upon a highway by a motor vehicle.

(b)

Motor home means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

(c)

Pickup coach means a structure designed to be mounted on a truck chassis for use as a dwelling.

(d)

Travel trailer means a vehicular, portable structure built on a chassis and on wheels that is between ten and 36 feet long, including the hitch, and eight feet or less in width; and designated to be used as a dwelling and towed by a motor vehicle.

(89)

Recycling center means any facility utilized for the purpose of collecting, sorting, and processing materials to be recycled.

(90)

Rendering plant facility means a facility for the reduction of dead animals, or slaughtered animals not suitable for human consumption, to by-products such as hide, skin, grease, bones, glue, and soap, and for the storage of such by-products.

(91)

Resort means an establishment of a building or group of buildings where living accommodations are furnished to the public for recreational or educational purposes. Minimum square footage requirements as set forth in Subchapter VII shall not be applied to each structure individually, rather a cumulative building total for the resort of 1,250 square feet shall be required.

(92)

Retail establishment means any business offering goods, services, or products for sale to the public, which may include incidental repair of such goods and products, that operates entirely within a structure containing a roof and walls on all sides, except for outdoor display or use during business hours and accessory storage in enclosed, accessory structures.

(93)

Road means a public or private thoroughfare that affords a vehicular access to abutting property but does not include an access easement.

(94)

Roadside stand means a direct marketing operation that utilizes a temporary structure or temporarily utilizes part of a permanent structure which is not fully enclosed and is to be used seasonally to feature the sale of agricultural products or handcrafted items.

(95)

Sawmill means a facility for the processing of timber logs into forestry products such as milled timber, cants, posts, firewood; and wood by-products such as slab wood, wood chips, bark chips and sawdust; and which may include planning and sizing facilities, kilns, storage yards, and accessory maintenance facilities incidental to sawmill operations.

(96)

Setback means the minimum distance by which any building or structure must be separated from a road right-of-way, lot line, or otherwise established distance by this chapter.

(97)

Setback line means a line within a lot parallel to a corresponding lot line which is the boundary of any specified front, side, or rear yard, or the boundary of any public right-of-way, or a line otherwise established to govern the location of buildings, structures or uses.

(98)

Shorelands means lands within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

(99)

Special exception means a use approved by the Board of Adjustment pursuant to the provisions of this chapter.

(100)

Sport shooting range means an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting and is the principal use of the property.

(101)

Storage yard means the outdoor storage of various materials or equipment, or both, as the principal use of the site and includes contractor's storage yards, but does not include retail sales. A storage yard includes areas where nonmetallic minerals are stockpiled.

(102)

Structural alterations means any change in the supporting members of a structure such as bearing walls, columns, beams or girders, footings and piles.

(103)

Structure means any man-made object with form, shape, and utility, the use of which requires a more or less permanent location on the ground, or attachment of something having a permanent location on the ground. This includes the mounding and excavation of earth.

(104)

Structure setback line means a line that is parallel to the front or public right-of-way line and is located at a distance from either the centerline of the adjacent public right-of-way, or the front line as otherwise determined by the Zoning Administrator when a lot does not front a public right-of-way. For triangular or gored lots, the building setback line shall be the line that is parallel to the front lot line.

(105)

Tannery means a facility or building where skins or hides are processed, not a rendering plant facility.

(106)

Topsoil means the surface layer of soil which is generally more fertile than the underlying soil layers, which is the natural medium for plant growth, and which can provide the plant growth, soil stability, and other attributes necessary to meet the success standards approved in a nonmetallic mining reclamation plan.

(107)

Total participating acres means the sum total of acres in a planned rural development (PRD).

(108)

Tourist or Transient means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.

(109)

Truck terminal means buildings or land used for the storage or distribution of freight or goods by a common carrier.

(110)

Variance means a departure from the terms of this ordinance as applied to a specific building, structure or parcel of land, which the Sauk County Board of Adjustment may permit, contrary to the regulations of this ordinance for the district in which such building structure or parcel of land is located, when the Board finds that literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is no compensating gain to the public health, safety or welfare.

(111)

Vision clearance triangle means an unoccupied triangular space at the road corner of a corner lot. The triangle is formed by connecting the point where each right-of-way line intersects and two points located at a distance equal to the right-of-way setback distance along each right-of-way line.

(112)

Waste transfer station means a fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

(113)

Water extraction and removal facility means a facility where water is taken off site for the purpose of sale and distribution.

(114)

Water treatment means any conditioning of the water by filtering, UV exposure, chemical additives, reverse osmosis, or similar modifications.

(115)

Yard means an open space on a zoning lot that is unoccupied or unobstructed from its lowest level to the sky, except as otherwise provided herein. For the purpose of this ordinance, a yard extends along a lot line to a depth or width specified in the yard regulations for the zoning district in which the zoning lot is located.

(116)

Yard, front means a yard paralleling along the full length of the front lot line between the side lot lines.

(117)

Yard, rear means a yard paralleling along the full length of the rear lot line between the side lot lines.

(118)

Yard, side means a yard paralleling along a side lot line from the front yard to the rear yard.

(119)

Zoning Administrator means a public official charged with the administration, enforcement, and interpretation of the Sauk County Zoning Ordinance.

(Ord. No. 10-2022, Exh. A, 6-28-2022)