West Bend Town City Zoning Code
ARTICLE XVIII
Definitions
§ 325-160 Definitions; word usage.
A.
Meanings. For the purpose of this chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning.
(1)
Words used in the present tense in this chapter include the future.
(2)
The word "person" includes a firm, association, partnership, trust, company, or corporation as well as an individual.
(3)
The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive.
(4)
Any words not defined in this section shall be presumed to have their customary dictionary definitions.
B. ACCESSORY STRUCTURE ACCESSORY BUILDING ACCESSORY USE BASE DENSITY BASEMENT BEES BUILDING BUILDING HEIGHT COMMON OPEN SPACE(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) CONDITIONAL USES DEVELOPMENT DEVELOPMENT, CONSERVATION(1)
DEVELOPMENT, CONVENTIONAL(1)
DWELLING UNIT ESSENTIAL SERVICES FAMILY FRONTAGE GAZEBO HOUSEHOLD UNIT IMPERVIOUS SURFACE IMPERVIOUS SURFACE AREA LIVING AREA LOADING AREA LOT LOT AREA LOT FRONTAGE LOT WIDTH
LOT, CORNER LOT, DOUBLE FRONTAGE LOT, GARAGE LOT, LAKEFRONT MINOR LAND DIVISION NONCONFORMING USES OR STRUCTURES ORDINARY HIGH WATER MARK OVERLAY DISTRICT PERSONAL COMMUNICATIONS PRINCIPAL STRUCTURE PRINCIPAL USE REDEVELOPMENT SETBACK SHORELAND SHORT-TERM RENTAL SIGN SIGN, AWNING SIGN, COPY SIGN, FACE SIGN, GROUND SIGN, PORTABLE SIGN, PROJECTING SIGN, ROOF SIGN, WALL SIGN, WINDOW
SOLAR COLLECTOR SOLAR PANEL STREET STRUCTURAL ALTERATIONS STRUCTURE SUBSTANTIAL IMPROVEMENT(1) (2) UNNECESSARY HARDSHIP USE VARIANCE WETLANDS YARD YARD TYPE ILLUSTRATION
YARD, PRIMARY STREET YARD, REAR YARD, SECONDARY STREET YARD, SHORE YARD, SIDE
Words and phrases defined.
A structure which:
A building that is not part of a principal building and which is used or intended for accessory uses as may be allowed.
A use which:
A total permissible number of residential units that may be built on any given parcel of land to establish the number of units the land can reasonably accommodate. Providing a base density, as opposed to requiring a minimum lot size, allows for flexibility on the part of the landowner in determining the distribution of residential units on the parcel while protecting significant environmental features.
That portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.
Honey bees or mason bees raised for honey or pollination.
Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, or materials.
For an accessory and principal building on an interior lot, the vertical distance measured from the mean elevation of the finished lot grade along the street yard to the highest point of the roof. For an accessory and principal building on a corner lot, the mean elevation of the finished lot grade along both streets to the highest point of the roof. For a principal building on a lake lot, the elevation of the finished lot grade along the building face facing the lake to the highest point of the roof. The height of the basement is included in the measurement if 50% or more of the entire foundation is exposed.
Any land area that is designated as "common open space" through deed restrictions in perpetuity and held in trust by a homeowners' association, the Town or other designated conservation organization. Types of common open space include but are not limited to the following:
COMMUNITY GARDEN AND GREENHOUSEAreas for use by residents and others (not immediately adjacent to residential lots) that are planned and managed for growing vegetable and flowers. There should be pedestrian and vehicular access to the area as well as small amounts of visitor parking (this may include street parking).
COUNTRYSIDE VIEWSAreas that facilitate public views of common open space (and other features that comprise the countryside character of West Bend) from existing arterials and collector roads adjacent to the proposed development. The view shed area should border a public right-of-way which primarily carries traffic generated by the general public rather than only vehicles associated with the immediate land use.
CULTIVATED FIELDS AND PASTURESAgricultural areas set aside for farming with a long-term management plan for continuous cultivation or use as pasture land for livestock.
ENVIRONMENTAL PRESERVESAreas that preserve environmental features that enhance the health, environmental quality, social value, and natural beauty of the community. Preserves should include the environmental corridors (primary, secondary, and isolated natural resource areas), lakes and streams, wetlands, drainageways, floodplains, habitat areas, wildlife habitats, woodlands, prairies, steep slopes, as identified by SEWRPC or other recognized surveys. These areas may also include public trail connections to view and, if feasible, enter the preserve.
ENVIRONMENTAL RESTORATIONSNatural areas and landscapes designed for aesthetic impact to display different forms of plant materials using a traditional aesthetic approach of formal or picturesque gardening, botanical display, or environmental restoration. These landscapes are also designed to improve the ecological condition of the natural environment (for example, this may include restored prairies or wildlife habitats). These areas shall be designed by a recognized landscape architect or ecologist with substantial experience and professional credentials in landscape architecture, garden design, ecology or similarly appropriate field. These areas may include structures for aesthetic purposes as well as environmental management. These areas should also include public trail connections to view and, if feasible, enter the preserve.
EQUESTRIAN COMMON OPEN SPACES AND FEATURESCommon open spaces, and related features, intended for equestrian use. These spaces are an essential and traditional component of the countryside character of the Town and should be maintained and expanded. These spaces include ranches, corrals, trails, fences, barns and stables, signage, and related facilities. Equestrian facilities should be connected to the overall equestrian trail system within the Town. When this is not feasible, plans should demonstrate how such facilities can be effectively integrated with the overall pattern of equestrian use within the community.
FORESTATION AREASAgricultural areas planted for commercial tree-growing businesses with long-term management plans for continuous operation. The management plan for forestation areas, especially those used for commercial purposes, must demonstrate that it will be harvested in a manner that retains the aesthetic value of the plant materials as an amenity for surrounding property owners and members of the general public.
GATEWAY FEATURESSpecially designed and landscaped areas at the entrances to neighborhoods, districts, boulevards, and residential subareas. They should be located at primary entries to developments or neighborhoods from Town-wide arterials. They should contain significant visual features, built or natural. These may include trees, fences, ornamental landscapes, unique structures, or public art.
LANDSCAPED BOULEVARDSThe landscaped central medians that provide an aesthetic amenity and informal gathering place for residential neighborhoods. Boulevards shall be planted with rhythmic rows of trees along each side of the median and along the outer side of the public right-of-way. The edges of the median may include continuous hedges or ornamental fences that border the curb. The outer sides of the street may include sidewalks. The central median shall consist primarily of grass areas suitable for walking and informal uses.
LANDSCAPED CUL-DE-SAC ISLANDSThe landscaped central islands in cul-de-sac bulbs that provide an aesthetic amenity and informal gathering place for residential neighborhoods. Island shall be planted with trees, shrubs and perennial plantings to create a visual focus for the neighborhood. A central gathering space should be include continuous hedges or ornamental fences that border the curb to help enclose the space.
NEIGHBORHOOD PARKS AND SQUARESAreas that afford opportunities for passive and/or active enjoyment of outdoor areas by residents and visitors both as individuals, informal groups, and organized groups. Typical activities include picnicking, strolling, sitting, private contemplation, conversing with friends and neighbors, child play, skating, informal sports, walking, jogging, and organized sports. The park shall be a public or semipublic place, as defined above. Parks and squares shall be located within easy access of public rights-of-way, especially those with higher traffic volumes relative to the surrounding street system. The form shall be a simple shape (such as a square, rectangle, circle, ellipse, crescent, triangle, or trapezoid). Parks and squares shall be surrounded by a public right-of-way. The right-of-way should serve vehicles and include a sidewalk or other pedestrian walkway. Where possible, there should be on street parking available to the public along the edge of the park or square. The edge of the park or square must include a continuous row of trees, ornamental fence, or combination of those elements. There shall be clearly marked points of entry and gateways. The interior of the park may include a variety of features for passive enjoyment or active recreation. The ground may be grass, pavement, or other plant materials. There should be a clear understanding of whether or not the park or square will be owned by a public entity and, if not, the circumstances under which ownership of the park or square might be transferred to a public entity.
ORCHARDSAgricultural areas planted as orchards with long term management plans for continuous operation.
ORNAMENTAL AND DISPLAY GARDENSLandscapes designed for aesthetic impact to display different forms of plant materials using a traditional aesthetic approach of formal or picturesque gardening, botanical display, or environmental restoration. These landscapes are also designed to improve the ecological condition of the natural environment (for example, this may include restored prairies or wildlife habitats). These areas should be designed by a recognized landscape architect or ecologist with substantial experience and professional credentials in landscape architecture, garden design, ecology or similarly appropriate field. These areas may include structures for aesthetic purposes as well as environmental management.
PARKWAY LANDSCAPESHeavily landscaped areas along existing arterials. Parkways should include a double row of canopy shade trees planted in a rhythmic pattern with a walkway or bicycle path located between the rows. The parkway or edge should not include berms.
PLAY AREASPlaces with play equipment for children to play informally that should be located in parks and squares. Play areas shall have access from a trail or sidewalk and shall be connected to trail systems entering the park. Play areas should be sited within a small space or along the edge of a space and should have a clearly defined perimeter with fencing or hedges.
SCENIC DRIVESSingle-loaded vehicular rights-of-way which provide an open view of common open space. A pedestrian walkway must be included along at least one edge of the scenic drive. This may be a sidewalk, side path, or trail. The common open space area shall be at least sufficiently deep to provide a view of natural features rather than built areas.
TRADITIONAL FARMSTEADSStructures that reflect the agricultural and rural history of the Town, including farmhouses, barns, stables, and a variety of related facilities and common open space. Many of these, while not qualifying as historic landmarks using strict national or state standards, are still part of the cultural and visual history of the community. They provide an essential part of the character of the community and should be preserved. In general, such structures and facilities created prior to 1950 shall be considered as a traditional farmstead. Those components of the farmstead that are to be preserved should be documented by a local historic society or by a person with credentials in historic preservation. The proposed inclusion of the traditional farmstead must state what components of the farmstead will be preserved. A study of the historic properties of the Town of West Bend is available for reference.
TRAILS AND WALKWAYSPromote broad social use of a linear system of paths for walking, horseback riding, or bicycling that connect trail users to rights-of-way and other public or semipublic places. These should be determined by the context of circulation, access points, and other common open space components that should be linked together. Trails should be located along the edge of other common open space or public rights-of-way. Trails should be physically separated from side or rear lot lines (approximately 25 feet). Trails shall be a continuous path and should link to all existing and proposed trails and rights-of-way that abut the perimeter of the development. Trails should be constructed with suitable materials for long term operation and maintenance. The suitability of the materials will be determined by the Town. There should be a clear understanding of whether or not the trail system will be owned by a public entity and, if not, the circumstance under which public access is allowed.
Uses of a special nature as to make impractical their predetermination as a principal use in a district.
Any human-made change to improved or unimproved real estate, including but not limited to construction of or addition or substantial improvements to buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or disposition of materials.
A housing development in a rural area that is characterized by compact lots, clustered home sites and common open space, and where the natural features of land are preserved and enhanced to the greatest extent possible. This type of development is sometimes referred to as a "cluster development."
The illustration below provides a visual representation of various features of a conservation or cluster development.
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A housing development that subdivides an entire parcel of land into private lots and does not contain significant common open space.
The illustration below provides a visual representation of various features of a conservation or cluster development.
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Consists of one or more rooms, including a bathroom and complete kitchen facilities, which are arranged, designed or used as living quarters for one family or household.
Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
See "household unit."
The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.
An unglazed and unscreened, open-air roofed garden structure that offers an open view of the surrounding area, typically used for relaxation or entertainment. For the purposes of this chapter a gazebo cannot exceed 300 square feet in area and it cannot be permanently occupied as a residence, used for long-term storage, or be served by sanitary sewer service.
An individual living alone in a dwelling unit, or two or more individuals living together in a dwelling unit who are related by blood, marriage, adoption, or other legal means, or a group of not more than four individuals who are not so related who live together as a single housekeeping unit in a dwelling unit. A single housekeeping entity infers the use in common of all spaces, household services, and utilities with a single source of food preparation for all occupants.
Any artificial or natural surface which does not allow the entrance or passage of water or sediment into the ground surface. These areas seal the ground surface from infiltration of water into the subsurface and prevent recharge of the groundwater and increase the amount of stormwater runoff. Runoff from impervious surfaces tends to increase the potential for flooding, and carries sediment and pollutants that are detrimental to the quality of surface waters. New developments typically increase the amount of impervious surface. It is important to manage and minimize the amount of impervious surface in new and existing developments to help protect the surface waters and help recharge natural groundwater. Impervious surfaces include, but are not limited to, buildings and roof areas, structures, concrete or asphalt surfaces, gravel or traffic bond surfaces, decks with no spaces in between the decking, and bricks or pavers with no spacing between, which are placed on traffic bond.
That total area of a lot which is covered with an impervious surface as indicated in this chapter.
The total area bounded by the exterior walls of a building at the floor levels, but not including basement, garages, porches, breezeways, and unfinished attics.
A completely off-street space or berth on the same lot as the principal use it serves for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.
For the purpose of this chapter, a lot shall be defined as a parcel of land on which a principal structure and its accessory structure are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and shall not include any portion of a public right-of-way. A lot of record prior to April 1, 1986, which is bisected by a public street or private roadway shall be one lot for the purpose of this chapter.
The horizontal area of a lot, excluding:
The distance measured along the street right-of-way line.
The width of a parcel of land measured at the street setback line.
Lot Type Illustration  |
A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side. The primary street yard shall be that associated with the mailing address or fire number, as applicable. The other street yard shall be the secondary street yard. (See Lot Type Illustration.)
A parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water. Double frontage lots, for the purpose of this chapter, shall be deemed to have two street yards and no rear yard. The primary street yard shall be that associated with the mailing address or fire number, as applicable. The secondary street yard shall be opposite the primary street yard. (See Lot Type Illustration.)
An undeveloped lot, or lot with an off-site residential garage, associated with a lakefront lot as defined in this section and in § 325-102. The garage lot shall be a separate tax parcel from the lakefront lot.
A property with a legal description which extends to the ordinary high water mark of a lake.
Minor land divisions include the division of land by the owner or his agent resulting in the creation of two, but not more than four, parcels of building sites, any one of which is 10 acres or less in size; or the division of a block, lot or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot or outlot. Such minor land divisions shall be made by a certified survey map (CSM).
Any structure, land, or water lawfully used, occupied, or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendment thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use.
The point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic.
A zoning district that is superimposed on one or more base zoning districts and which characteristically modifies one or more of the requirements of the base district or imposes additional restrictions, or both.
Includes wireless telecommunications, personal communications service, radio, television, wireless internet service, and other systems used for personal use purposes.
The primary structure on a parcel of land where the principal use occurs.
The permitted or conditional use on a parcel of land.
Any substantive change to a developed site, its structures, or its uses.
The minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure.
Those lands lying 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. Shorelands shall not include those lands adjacent to farm drainage ditches where:
A residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days.
A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization, or business.
A sign that is mounted or painted on, or attached to an awning, canopy, or marquee. (See Sign Type Illustration in this section.)
The message or advertisement, and any other symbols on the face of a sign. (See Sign Type Illustration in this section.)
The area or display surface used for the message.
Any sign placed upon or supported by the ground independent of any other structure. (See Sign Type Illustration in this section.)
A sign that is not permanent, affixed to a building, structure, or to the ground. Such sign may be mounted on wheels to make it transportable. (See Sign Type Illustration in this section.)
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. (See Sign Type Illustration in this section.)
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above a point of a building with a flat roof, the eave line of a building with a gambrel, or hip roof, or the deckline of a building with a mansard roof. (See Sign Type Illustration in this section.)
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and does not project more than 12 inches from such building or structure. (See Sign Type Illustration in this section.)
A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window. (See Sign Type Illustration in this section.)
Sign Type Illustration  |
A device, structure or part of a device or structure a substantial purpose of which is to transform solar energy into thermal, mechanical, chemical or electrical energy.
A group of photovoltaic cells are assembled on a panel. Panels are assembled on-site into solar arrays.
A public right-of-way not less than 50 feet wide providing primary access to abutting properties.
Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
Any human-made object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, which includes, but is not limited to, such objects as roofed and walled structures, decks, towers, masts, poles, booms, signs, decorations, carports, machinery, equipment, ice fishing shanties, and gas or liquid storage tanks.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary of safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components.
That circumstance where special conditions, which are not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this chapter.
An authorization granted by the Zoning Board of Appeals to construct, alter, or use a building or structure in a manner that deviates from the dimensional standards of this chapter. A variance may not permit the use of a property that is otherwise prohibited by the chapter or allow floodland construction that is not protected to the flood protection elevation.
Those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
The area of a lot that is required to be occupied and unobstructed from the ground upward, except by trees, shrubbery, or as otherwise allowed in the Town's zoning regulations.
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The area of a lot that is associated with the mailing address or fire number and which extends across the full width of the lot from the front line to the face of the principal building that is most parallel to the front lot line. (See "yard type illustration.")
The area of a lot that extends across the full width of the lot from the rear lot line to the face of the principal building that is most parallel to the rear lot line. (See "yard type illustration.")
The area of a lot that is not associated with the mailing address or fire number and which extends from the lot line to the face of the principal building that is most parallel to the lot line between the rear yard and the primary street yard. (See "yard type illustration.")
The area of a lot that extends across the full width of the lot from the ordinary high-water mark to the face of the principal building that is most parallel to the ordinary high-water mark. (See "yard type illustration.")
The area of a lot that extends between the street yard and rear yard from the side lot line to the principal building. Note: A corner lot only has one side yard. (See "yard type illustration.")