17 DEFINITIONS
The purpose of this Article is to define words, terms, and phrases contained in this Chapter that are essential to the understanding, administration, and enforcement of this Chapter, and that may not be part of common English usage or may have a different definition for purposes of this Chapter than common English usage suggests.
The interpretation of this Chapter shall abide by the provisions and rules of this Section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent of this Chapter.
The following abbreviations in this Chapter are intended to have the following meanings:
| Abbreviation | Meaning |
| 2F | 2F Two Family Residential (standard zoning district) |
| Ac | Acre |
| AH | AH Airport Height (overlay zoning district) |
| AR | AR Agricultural and Residential (standard zoning district) |
| B-1 | B-1 Neighborhood Business (standard zoning district) |
| B-2 | B-2 Highway Business (standard zoning district) |
| B-3 | B-3 General Business (standard zoning district) |
| BP | BP Business Park (standard zoning district) |
| Db | Decibel |
| DNR | Wisconsin Department or Natural Resources (also “WisDNR”) |
| DOT | Wisconsin Department of Transportation (also “WisDOT”) |
| D | D Design (overlay zoning district) |
| Du | Dwelling unit (also “housing unit”) |
| FAA | Federal Aviation Administration |
| FAR | Floor Area Ratio |
| Ft | Foot |
| FP | FP Farmland Preservation (standard zoning district) |
| GFA | Gross Floor Area |
| GI | GI General Industrial (standard zoning district) |
| GSA | Gross Site Area |
| HUD | U.S. Department of Housing and Urban Development |
| INT | INT Institutional (standard zoning district) |
| ISR | Impervious Surface Ratio |
| LI | Limited Industrial (standard zoning district) |
| LSR | Landscape Surface Ratio |
| Max | Maximum |
| MF | MF Multiple Family Residential (standard zoning district) |
| MGD | Maximum Gross Density |
| MH | MH Manufactured Home (standard zoning district) |
| Min | Minimum |
| MLA | Maximum Lot Area |
| MSA | Minimum Site Area |
| N/A or NA | Not applicable |
| N | N Neighborhood (refers both to a special zoning district and each unique development within such a district) |
| PSC | State of Wisconsin Public Services Commission |
| PD | PD Planned Development (refers both to a special zoning district and each unique development within such a district) |
| RM | RM Rural Mix (standard zoning district) |
| RR-2 | RR-2 Rural Residential (standard zoning district) |
| RR-5 | RR-5 Rural Residential (standard zoning district) |
| SF or sq. ft. | Square Feet |
| SF-L | SF-L Single Family Residential – Large Lot (standard zoning district) |
| SF-S | SF-S Single Family Residential – Small Lot (standard zoning district) |
| UDC | Uniform Dwelling Code |
| WHP | WHP Wellhead Protection Area (overlay zoning district) |
| - | Or fewer (as in “8-“) |
| + | Or more (as in “9+”) |
[Amended via Ord. 19-001; 1/23/2019]
The following words, terms and phrases, wherever they occur in this Chapter, shall have the meanings ascribed to them by this Section.
Abutting: Having a common border with, or being separated from such common border by an alley or easement.
Access: A means of providing vehicular or non-vehicular egress from or ingress to a property, highway, or private roadway.
Access, direct: A condition of immediate physical connection resulting from a highway, alley, or private road abutting a property.
Access, secondary: A means of providing vehicular or non vehicular ingress to or egress from a property and a source other than a street or alley (e.g., easement, common driveway).
Access standards: See Chapter 71 of the Weston Municipal Code.
Acre: 43,560 square feet.
Accessory dwelling unit (land use): See Section 94.4.09.
Accessory land use or structure: A use or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto.
Accessory residential use or dwelling unit: For purposes of this Chapter, a dwelling unit that is accessory to one or more principal land uses. Includes “In-Home Suites,” “Accessory Dwelling Units,” and similar uses.
Active outdoor public recreation (land use): See Section 94.4.04.
Addition: Any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load bearing wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls shall be considered new construction.
Address and/or identification sign: An accessory wall sign containing only the name and/or address of the premises on which it is located.
Adjacent: Abutting a separate lot.
Adult entertainment or adult-oriented establishment (land use): See Section 94.4.05.
Agricultural-related use (land use): See Section 94.4.03.
Agricultural use (land use): See Section 94.4.03.
Agricultural (zoning) district or agriculturally zoned: Either or both the FP Farmland Preservation zoning district or AR Agricultural and Residential zoning district.
Air dome: An enclosed building, or portion of an enclosed building, where either the shape of the building or portion of said building is maintained either by elevated air pressure within the usable area or by air pressurization of cells or tubes to form a barrel vault over the useable area. Except where explicitly allowed under this Chapter, air domes are a prohibited building type. Not the same as a “Hoop Building,” which is separately defined and regulated.
Air pollution standards: See Section 94.12.14.
Airport or heliport (land use): See Section 94.4.07.
Alley: A public right-of-way which normally affords a secondary means of access to the side or rear of an abutting property, and which is not intended for through traffic.
Amateur radio antenna: Any combination of materials or equipment located outside of a principal structure on some premises used exclusively for the purpose of sending and/or receiving electromagnetic waves for amateur radio service, including any towers, support structures, guy wires, foundations or similar components of a support structure.
Amateur radio service: The transmission and reception of electromagnetic signals for non-commercial purposes, by an amateur radio operator licensed by the Federal Communications Commission.
Animal confinement facilities: Locations of confinement of livestock at a density exceeding three of such livestock animals per acre, except as applies to dairy production facilities which incorporate areas for manure application (at rates not to exceed the nutrient requirements of the crops grown thereon) as an integral part of the operation.
Animal fancier (land use): See Section 94.4.09.
Animal unit: A term which has the meaning that was given in NR 243.05(3), Wis. Admin. Code. Animal units are not the same thing as the number of animals on a farm. A conversion factor is used for each different animal type (beef, dairy, swine) and size (mature or immature) to determine animal units. Example: a mature dairy cow is equal to 1.4 animal units. The Wisconsin Department of Agriculture, Trade and Consumer Protection has created Worksheet 1 – Animal Units to determine the number of animal units.
Apartment: See definition of Multi-Family Residence.
Appeal: A means for obtaining review of a decision, determination, interpretation, order, or failure to act pursuant to the terms of this Chapter as expressly authorized by the provisions of Section 94.16.14.
Aquifer: A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
Arterial street: See Street, Arterial.
Artisan studio (land use): See Section 94.4.05.
Artwork: Means a sculpture, monument, or structure erected solely for aesthetic purposes, which in no way identifies a product or business or is used for commercial purposes.
Auction yard (land use): See Section 94.4.06.
Awning: A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework.
Banner: A sign made of fabric or any non-rigid material with no enclosing framework.
Basement: A portion of a building located partly underground, but having one half or less of its floor to ceiling height below the average grade of the adjoining ground.
Bed and breakfast (land use): See Section 94.4.05.
Bedroom: A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping.
Billboard: An off-premise advertising sign that directs attention to a business, product, or service offered at a location other than on the premises on which the sign is located.
Blanket variance: A variance that is automatically granted by a provision of this Chapter in order to reduce the creation of legal nonconforming sites (see Section 94.15.05).
Board of Trustees: See “Village Board.”
Boarder: A person renting a room, or being provided a room as a stipulation of employment, in a Boarding House.
Boarding house (land use): See Section 94.4.05.
Brewpub: A use that is accessory to a restaurant or tavern use, produces less than 10,000 barrels of beer per year, is permitted under Wis. Stat. § 125.295, and where beer is primarily produced for on-site consumption.
Bufferyard: Any permitted combination of distance, vegetation, fencing, and/or berming that results in a reduction of visual and other interaction with an adjoining property, as required for certain land uses and activities and specified in Section 94.11.02(3)(d).
Building: A structure having a roof and intended for the shelter, housing, or enclosure of persons, animals or chattels.
Building, accessory: A building that meets the following criteria:
Building coverage: The percentage of a lot covered by all principal and accessory buildings, including all structures with a roof.
Building front: That exterior wall of a building that faces the front lot line of the lot.
Building height: The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof; the deck line of a mansard roof; or to the average height of the highest gable of an umbral, hip, or pitched roof.
Building Inspector: The employee or contractor of the Village officially designated to administer the Building Code.
Building, principal: A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
Building separation: The narrowest distance between two buildings. See Minimum Building Separation.
Building size: The total gross floor area of a building.
Bulk (of a building): The combination of building height, size, and location on a lot.
Business day: Any 24-hour day from Monday to Friday, except for any day on which Village employees are not required to work due to its association with a state or federal holiday.
Campground (land use): See Section 94.4.05.
Camping cabin: A camping unit that is a hard-sided tent or shelter less than 400 square feet in area whose foundation is not part of the cabins structure that is designed to be moveable which may or may not have an inside water connection or water using sanitary fixtures.
Camping unit: Any structure, equipment or vehicle intended for temporary sleeping accommodations for recreation or travel, not more than 400 square feet in area, including recreational vehicles (RV’s), pick-up trucks with sleeper attachments, motor homes, camping trailers, tents, park models, yurts, camping cabins, and similar equipment.
Camp site: A clearly signed piece of land within a camp ground that provides a location for a camping unit(s), with its location delineated on a campground site plan map.
Camping trailer: A camping unit that is a vehicle with a collapsible or folding structure and towed upon a highway by a motor vehicle.
Canopy (building): A rigid multisided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities.
Canopy (freestanding): A rigid multisided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground.
Carport: An attached or detached structure having a roof designed to shelter a motor vehicle, but open on more than one side.
Cellar: That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.
Certificate of Occupancy: See Section 94.16.10.
Collector street: See Street, Collector.
Commercial animal establishment (land use): See Section 94.4.05.
Commercial indoor lodging (land use): See Section 94.4.05.
Commercial land use(s): See Section 94.4.05.
Common ownership: Any combination of contiguous parcels singly owned by one uniquely named entity as identified by deed. Such an entity includes, but is not necessarily limited to, an individual person, a married couple or family trust, or a partnership or corporation.
Communications tower (land use): See Section 94.4.08.
Community character: The impression an area makes in regard to the type, intensity, density, quality, appearance, and age of development.
Community garden (land use): See Section 94.4.03.
Community living arrangement (land use): See Section 94.4.04.
Company cafeteria (land use): See Section 94.4.09.
Company provided on-site amenities (land use): See Section 94.4.09.
Comprehensive Plan: The adopted Comprehensive Plan of the Village, as may be from time to time amended. The Comprehensive Plan is intended to promote public health, safety, and welfare of the Village by effectively guiding long-range growth and development within the Village and its extraterritorial area. The Comprehensive Plan provides goals, objectives, policies, and recommendations for future land use, transportation, housing, economic development, utilities, community facilities, agricultural resources, natural resources, cultural resources, intergovernmental relations, and implementation. Implementation of the Comprehensive Plan is accomplished through this Chapter, other chapters of the Municipal Code, more detailed plans, public investments, private development decisions, intergovernmental cooperation, and citizen involvement. The authority for the Village of Weston to prepare and adopt a Comprehensive Plan is established under Wis. Stats. § 62.23 and 66.1001.
Conditional use: A land use that requires a conditional use permit in order to develop.
Conservation neighborhood design: A technique of designing neighborhoods in which the preservation of natural resources is central to the overall design.
Construction, start of: The installation of foundation footings and/or materials for road construction.
Contractor’s on-site equipment storage facility (land use): See Section 94.4.10.
Contractor’s project office (land use): See Section 94.4.10.
County: Marathon County, Wisconsin.
Cul-de-sac: A local street having one end open to traffic and the other end permanently terminated in a vehicular turnaround meeting Village standards.
Day care: See “Family Day Care Home,” “Intermediate Day Care Home,” or “Group Day Care Center.”
Deck: A platform, raised above the ground surface, either freestanding or attached to a building, and supported by pillars or posts.
Dedication: The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.
Density: A term used to describe the number of dwelling units per acre.
Detached accessory structure (for non-residential use) (land use): See Section 94.4.09.
Detached accessory structure (for residential use) (land use): See Section 94.4.09.
Detached garage: See “Garage, detached.”
Developer: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an option or contract purchaser.
Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Chapter.
Disposal land use(s): See Section 94.4.06.
Distribution center (land use): See Section 94.4.07.
Donation Drop-off box or vending machine (land use): See Section 94.4.09.
Drainage: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff, to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding.
Drive-in or drive-through sales or service (land use): See Section 94.4.05.
Drive-in theater: See “Outdoor Commercial Entertainment.”
Dwelling: A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and campgrounds.
Dwelling, attached: A dwelling joined to another dwelling at one or more sides by a shared wall or walls.
Dwelling, detached: A dwelling entirely surrounded by open space on the same lot.
Dwelling unit: A room or group of rooms providing or intended to provide permanent living quarters for not more than one family. Also “housing unit.”
Dwelling unit separation: The narrowest distance between two dwelling units. See Minimum dwelling unit separation.
Earth filling/excavating: See Section 94.12.02.
Easement: Written authorization, recorded in the Register of Deeds' office, from a landowner authorizing another party to use any designated part of the land owner’s property for a specified purpose.
Encroachment: Any fill, structure, building, use, or development that advances beyond proper limits.
Erosion: The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
Essential services: Facilities that meet the following criteria:
Existing Facilities and Land Uses: Pertaining to the wellhead protection regulations of this Chapter, those facilities, practices, or activities existing as of the date that the WHP Wellhead Protection Area overlay zoning district is first mapped in that area and in continuous operation since that date, which may cause or threaten to cause environmental pollution within the WHP district. Existing facilities and land uses include but are not limited to the type listed in the Department of Natural Resources’ form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, incorporated herein as if fully set forth.
Explosion standards: See Section 94.12.17.
Exterior storage standards: See Section 94.12.06.
ETZ Area: The area outside of the Village municipal limits in which the Village exercises joint zoning authority with the Town of Weston, under extraterritorial zoning authority granted by Wisconsin Statutes. Also “extraterritorial zoning area.”
Extraterritorial Area: The area outside of the Village municipal limits in which the Village may exercise extraterritorial powers of planning, land division, official mapping, and/or zoning under Wisconsin Statutes.
Extraterritorial Zoning Committee: The committee formed under Wisconsin Statutes to make and advise zoning decisions within the ETZ Area. Also referred to as the “Joint Committee” or “Joint Extraterritorial Committee.”
Façade: That portion of the exterior vertical surface of a building extending from finished grade to the top of the parapet, wall, or eaves.
Family: An individual or two or more persons, each related by blood, marriage, adoption, or guardianship, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household in which bathrooms, kitchen facilities, and living quarters are shared.
Family day care home (land use): See Section 94.4.09.
Farm: A parcel or parcels of land (a) where the majority of the land is used for growing farm products—such as vegetables, trees , and grain—and/or for the raising of the farm animals, (b) from which at least $6,000 of gross farm revenue in the prior full calendar year (or $18,000 total over the last 3 years) have been earned or where the land is enrolled in a farm commodity or conservation program, and (c) in common ownership as defined in this Section. Also referred to as a “farm operation.”
Farm animal: Any animal that is customarily raised for a profit on a farm and/or to supplement household food supplies or income, and that has the potential for causing a nuisance or public health concerns if not properly maintained. Includes bovine animals, equine animals, goats, poultry, sheep, swine, farm raised deer, farm raised game birds, camelids, ratites, farm raised fish, and bees, but does not include pot-bellied pigs. Refer to Wis. Admin. Code ATCP § 51 for applicable definition related to certain livestock facilities covered by those rules. Also referred to as “livestock” for purposes of this Zoning Ordinance.
Farm residence: The only single-family residence located on a farm.
Farmers’ Market: The days the Village of Weston provides a time and space for vendors to peddle, vend, sell, serve, display, offer to sell or give away a grown or homemade good, product, food or beverage.
Fencing standards: See Section 94.12.03.
Fire and explosion standards: See Section 94.12.17.
Flag: Any fabric, plastic, or similar material containing distinctive colors, patterns, or symbols used as a symbol or emblem of any corporation, nation, organization of nations, state, Village, or religious, fraternal, educational or civic organization displayed for noncommercial purposes.
Flashing sign: A directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Flicker: The moving shadow created by sun shining on the rotating blades of the wind turbine.
Floor area: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space (decks are not included in this measurement). Measurements shall be made from the inside of the exterior walls and to the center of interior walls.
Floor area ratio (FAR): The ratio calculated by dividing the Gross Floor Area of all buildings on a site by the Gross Site Area.
Footcandle: A unit of illumination produced on a surface, all points of which are one-foot from a uniform point source of one candle, or approximately 10 LUX.
Freight terminal and mass transportation depot (land use): See Section 94.4.07.
Garage: A detached garage or a portion of the principal building, not including a carport, which is used primarily for storing vehicles and equipment. See also “Detached Accessory Structure (for Residential Use).”
Garage, detached: A detached accessory building that is 200 square feet in area or greater; used primarily to store vehicles and equipment; and installed on a foundation, hard surface, or graveled surface. A detached garage is not a utility shed.
Gas station: See “Drive-In or Drive-Through Sales or Service.”
Gazebo: A detached accessory structure that is covered but that also allows open air and views on all sides, and is for recreational use that does not include storing vehicles or equipment.
Geothermal energy system (GES) (land use): See Section 94.4.09.
General floor plans: A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
Glare: The brightness of a light source that causes eye discomfort.
Glare standards: See Section 94.12.16.
Greenhouse, Residential: A building accessory to a principal residential use on the same lot, devoted to the cultivation and/or protection of flowers, vegetables, or other tender plants primary intended for use, consumption, and enjoyment on the same premises.
Green space: Includes all landscape surfaces, in ground stormwater management facilities, woodlands, and permanently protected natural resource areas that allow ground water infiltration.
Gross density: The result of dividing the number of dwelling units located on a site by the gross site area. See Maximum gross density.
Gross floor area (GFA): The total floor area on all levels of a building.
Gross site area (GSA): The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development.
Group day care center (land use): See Section 94.4.05.
Group development: Any unified non-residential or mixed-use development that consists of two or more separated, individual business spaces within one or more buildings, or a collection of buildings and businesses on separate lots or building pads developed as a unified project, including industrial parks, health care complexes, and shopping centers.
Habitable building: Any building, or portion thereof, used for human habitation.
Hard surface: A dustless, all-weather surface including concrete, asphalt paving, “black-top,” pervious pavement, interlocking pavers, paving stones commercially designed and manufactured for the proposed purpose, any combination of these materials, or other similar material approved by the Zoning Administrator. Does not include gravel, other crushed stone, limestone screenings, clay, or other loose aggregate or organic material.
Hazardous materials: See Section 94.12.20.
Heat standards: See Section 94.12.16.
Heavy duty trucks: A Federal Highway Administration classification of including all trucks with a gross vehicle weight rating of over 26,000 pounds.
Heavy industrial (land use): See Section 94.4.08.
Height of structure: See Building Height.
Historic structure: Any building or portion of a building that is (a) listed or eligible for listing on the National or State Registers of Historic Places or (b) identified as having historic or architectural significance by a comprehensive survey of historic resources conducted by or with authorization of the Village.
Hobby farm: A type of agricultural use that produces food or fiber, or that houses horses or similar animals, but is operated for pleasure or supplemental income rather than for primary income and exceeds the limitations associated with the “keeping of farm animals on residential lots and school sites” land use.
Hoop building: A steel or plastic framed and fabric material covered building, or a metal covered open walled structure, designed for the snow loading that can occur during the winter months. Also known as and including a hoop shed, hoop house, hoop barn, hoop shelter, canvas building, tarp shed, arch building, fabric tensioned structure, tent garage, or metal car port. Does not include an “Air Dome,” which is separately defined and regulated under this Chapter.
Home occupation (land use): See Section 94.4.09.
Hotel: See “Commercial Indoor Lodging.”
Ice shanty: A portable shed placed on a frozen lake to provide shelter during ice fishing. Also called an ice shack, ice house, fishing shanty, fish house, fish coop, or ice hut. Where placed or stored outside of another fully enclosed building on land, an ice shanty shall be classified and regulated as a “recreational vehicle” if it has wheels and as a “detached accessory structure” if it does not have wheels.
Impervious surface: Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as hard surfaces as defined in this section are considered impervious. For the purposes of this Chapter, gravel areas, and areas with landscaped pavers and pervious pavement intended for vehicular traffic, and the area occupied by greenhouses and gazebos shall also be considered impervious.
In-home suite (land use): See Section 94.4.09.
Indirectly (externally) illuminated sign: A sign that is illuminated from a source outside of the actual sign.
Indoor commercial entertainment (land use): See Section 94.4.05.
Indoor institutional—general (land use): See Section 94.4.04.
Indoor institutional—intensive (land use): See Section 94.4.04.
Indoor repair and maintenance (land use): See Section 94.4.05.
Indoor sales incidental to storage or light industrial land use (land use): See Section 94.4.09.
Indoor sales or service (land use): See Section 94.4.05.
Indoor storage or wholesaling (land use): See Section 94.4.06.
Institutional and recreational land use(s): See Section 94.4.04.
Institutional residential (land use): See Section 94.4.04.
Intensity: A term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site.
Intermediate day care home (land use): See Section 94.4.09.
Internally illuminated sign: A sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within such sign.
Interpretations: See Section 94.16.12.
Joint Extraterritorial Committee: See Extraterritorial Zoning Committee.
Junkyard or salvage yard (land use): See Section 94.4.06.
Keeping of farm animals on residential lots and school sites (land use): See Section 94.4.09.
Landscape points: See Section 94.8.02(4).
Landscaped area: The area of a site that is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters. Landscaped areas do not include stormwater detention ponds unless the Zoning Administrator deems that the design of the facility also meets the aesthetic, screening, or other open space requirement applicable to the use or site.
Landscaped surface area ratio (LSR): The percentage of the gross site area or lot area that is preserved as permanently protected landscaped area, including vegetative roofs meeting the definition in this section.
Landscaping: A deliberately designed collection of living plants installed and maintained on a lot, generally including a combination of trees, shrubs, and perennial plantings.
Land use: The type of use, development, and/or activity occurring on a piece of property.
Large exterior communication device (land use): See Section 94.4.09.
Lawn care: Any activity involving the preparation, installation, and maintenance of vegetative ground cover, including but not limited to grass.
Lawn ornaments. Decorative, human-made objects placed in the yard area of a property, such as statuary, bird baths, bird feeders, sundials, fountains, and similar features. Yard accessories that serve a more utilitarian or recreational purpose, such as clothes lines and play sets, are not considered lawn ornaments.
Light duty trucks: A Federal Highway Administration classification including all trucks with a gross vehicle weight rating of up to 14,000 pounds.
Light industrial (land use): See Section 94.4.08.
Light industrial activities incidental to indoor sales or service (land use): See Section 94.4.09.
Lighting standards, exterior: See Section 94.12.11.
Livestock or farm commodity trucking (land use): See Section 94.4.07.
Loading standards: See Section 94.12.10.
Local collector street: See “Street, Collector.”
Local residential street: See “Street, Local Residential.”
Local street: See “Street, Local.”
Lot: A parcel of land that: (a) is undivided by any street or private road; and (b) has frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other provisions of this Chapter and the Village Subdivision Ordinance.
Lot area: The area contained within the exterior boundaries of a recorded lot, excluding public streets and land under bodies of water.
Lot, corner: A lot situated at the junction of and abutting two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
Lot depth: The average distance between the front lot line and the rear lot line of a lot.
Lot frontage: Lot width measured at the front lot line.
Lot interior: A lot other than a corner lot.
Lot line: A lot line is a property line bounding a lot, except that where any portion of a lot extends into the public right of way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for purposes of this Chapter.
Lot line, front: A lot line that abuts a public or private street right-of-way. For corner lots, the lot line along the street from which the house is addressed shall be the front lot line. (See also lot line, street side).
Lot line, interior side: Any boundary of a lot that is not a front lot line, a street side lot line, or a rear lot line.
Lot line, rear: In the case of rectangular or most trapezoidal shaped lots, the lot line that is opposite and most distant from the front lot line of the lot is the rear lot line. In the case of an irregular, triangular, or gore shaped lot, a line 20-feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of a double frontage lot, there shall be no rear lot line
Lot line, street side: For corner lots, the lot line that abuts a public or private street right of way but that is not the front lot line.
Lot of record: A platted lot or lot described in a certified survey map or in metes and bounds description that has been approved by the Village and/or by Marathon County; and has been recorded in the office of the Register of Deeds.
Lot, through: A lot that has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac).
Lot width: The maximum horizontal distance between the side lot lines of a lot, measured at a location of the lot that is (a) parallel to the front lot line and at (b) at the minimum required front yard. Such minimum required front yard shall be per this Chapter for the associated zoning district, or further towards the rear lot line if so delineated on an approved subdivision plat or certified survey map. See also “Minimum lot width.”
Lowest floor: The lowest enclosed floor (including basement). Any unfinished or flood resistant enclosure, usable solely for parking vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable non elevation design requirements of this Chapter.
Manufactured home: A structure that is designed to be used as a dwelling with or without a permanent foundation and that it is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC §§ 5401 to 5424, and includes any additions, attachments, annexes, foundation, and appurtenances.
Maximum accessory building coverage: The largest permitted area of all accessory buildings on a lot.
Maximum floor area ratio (FAR): The largest amount of floor area permitted on a lot. See also “floor area ratio.”
Maximum gross density (MGD): The maximum number of dwelling units permitted per acre of Gross Site Area. See also “gross density.”
Maximum height: The maximum height of the highest portion of any structure. See also “height.”
Micro-beverage production facility (land use): See Section 94.4.05.
Minimum building separation: The narrowest permitted building separation for buildings on the same building lot or site.
Minimum dwelling unit separation: The narrowest permitted dwelling unit separation on the same building lot or site.
Minimum landscape surface ratio (LSR): The lowest permitted landscape surface ratio. See also “landscape surface ratio.”
Minimum lot area (MLA): The minimum size lot permitted within the specified zoning district and development option.
Minimum lot width: The smallest permissible lot width within the applicable zoning district.
Minimum setback: The narrowest distance permitted from a front, street side, interior side, or rear lot line to a building or structure as specified in this Chapter. Alternatively referred to as “minimum required yard.” Figures 5.01(3) and (4) include illustrations of minimum setbacks.
Minimum site area (MSA): The minimum gross site area in which the specified development option may occur. See also “gross site area (GSA)”.
Mixed use: Some combination of residential, commercial, industrial, office, institutional, or other land uses within a district or development, except as may otherwise defined in the standards for a PD or N district.
Mixed use dwelling unit (land use): See Section 94.4.02.
Manufactured home community (land use): See Section 94.4.02.
Mobile food vending unit: Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, pedal cart, stand, display, carried container, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which food and/or beverages are being peddled, vended, sold, served, displayed, or offered for sale or given away. This definition does not include a mobile wholesale delivery unit, a vehicle which is used solely to transport or deliver food, or a common carrier regulated by the state or federal government. See Section 94.4.10(13).
Mobile food vendor: Means a person who peddles, vends, sells, serves, displays, offers to sell or give away food or beverages from a mobile food vending unit.
Mobile home: 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 uncollapsible construction, which has an overall length in excess of 45 feet. “Mobile home” includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer’s warranty, and includes any additions, attachments, annexes, foundations and appurtenances.
Modular home: Includes homes that are built to State, County, and Village building code standards and consist of one or more modules, panels, and pre-cut sections that are manufactured off-site and are transported to the site for final assembly.
Multi-family residence (land use): See Section 94.4.02.
Navigable water: All natural lakes, rivers, streams, ponds, sloughs, flowages, and other waters that are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)] For the purposes of this Chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
Noise standards: See Section 94.12.13.
Non-metallic mineral extraction (land use): See Section 94.4.08.
Nonconforming lot: See “Substandard Lot.”
Nonconforming sign: A sign that was legally constructed under the regulations in place at the time, but does not conform to the regulations of this Chapter.
Nonconforming site: Any development that was lawfully established prior to March 18, 2015 or subsequent amendments thereto, but that would not conform to one or more current site, building, landscape, lighting, or other design regulations within this Chapter. See Section 94.15.05.
Nonconforming structure: Any building, or other structure, that was lawfully established prior to March 18, 2015 or subsequent amendments thereto, but that would not conform to one or more current density, intensity, or bulk regulations within this Chapter. See Section 94.15.04.
Nonconforming use: An active and actual use of land, building(s), or structure(s) that was lawfully established prior to March 18, 2015 or subsequent amendments thereto, that has continued as the same use to the present, and that does not comply with all the applicable use regulations of this Chapter. See Section 94.15.03.
Non-Residential and Mixed Use (Zoning) Districts: The INT, B-1, B-2, B-3, BP, LI, GI and RM districts, and any property within a PD or N district approved for non-residential use. Alternately referred to as “Non-Residential Zoning Districts” in this chapter.
Non-residential building: Any building containing a non-residential land use.
Non-residential land use(s): All uses that are not intended for long term or permanent use as a dwelling unit. Commercial lodging and similar land uses intended for short-term occupancy are considered non-residential land uses.
Noxious matter or materials: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well being of individuals.
Noxious materials standards: See Section 94.12.18.
Odor standards: See Section 94.12.15.
Office (land use): See Section 94.4.05.
Official map: A map adopted and designated by the Village as being the “Official Map,” pursuant to Wis. Stat. § 66.23(6), which shows current and proposed municipal sites, rights-of-way, and/or drainageways.
Official Overlay Zoning Map: The map adopted and designated by the Village as being the “Official Zoning Map” that includes all lands within the Village municipal limits and ETZ Area, and that visually represents the location of overlay zoning districts under this Chapter.
Official Zoning Map: The map adopted and designated by the Village as being the “Official Zoning Map” that includes all lands within the Village municipal limits and ETZ Area, and that visually represents the location of zoning districts under this Chapter.
On site: Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.
On-site agricultural retail (land use): See Section 94.4.03.
On-site real estate sales office (land use): See Section 94.4.10.
Opacity: The degree to which vision is blocked by a bufferyard. Opacity is a measure of complete visual obstruction measured as the percentage of a bufferyard's vertical plane to a height of six feet above ground level measured from the property or land use to be screened.
Operational plan: A plan describing the basic characteristics and approach for operating a proposed use.
Outdoor assembly or special event (land use): See Section 94.4.10.
Outdoor commercial entertainment (land use): See Section 94.4.05.
Outdoor display (land use): See Section 94.4.05.
Outdoor institutional (land use): See Section 94.4.04.
Outdoor solid fuel furnace (land use): See Section 94.4.09.
Outdoor storage of firewood standards: See Section 94.12.05.
Outdoor storage or wholesaling (land use): See Section 94.4.06.
Outdoor vehicle repair and maintenance (land use): See Section 94.4.05.
Overlay zoning district: A zoning district that imposes uniform restrictions on all properties within its area that are in addition to the restrictions specific to the underlying standard or special zoning districts and the general restrictions of this Chapter. See Article 6.
Owner: The person, persons, or other legal entity having the right of legal title to a lot or parcel of land.
Parapet: The extension of a false front or wall above the roofline.
Parcel: The area within the boundary lines of a lot.
Parking requirements: For minimum parking requirements associated with individual land uses refer to Article 4. For parking space and lot design standards, see Section 94.12.09.
Passive outdoor public recreation (land use): See Section 94.4.04.
Penalty: See Section 94.16.19.
Pennant: A sign made of fabric, plastic, or similar material, which may or may not contain distinctive colors, patterns or symbols of a corporation or business, often in series, and usually mounted without a frame and hung from poles and structures to allow movement by air. Such attention-getting displays not specifically defined as a flag or banner are considered pennants.
Performance guarantee: A financial guarantee to ensure that all improvements, facilities, or work required by this Chapter will be completed in compliance with the Chapter regulations and the approved plans and specifications of a development.
Performance standard: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings.
Permitted by right, use: A particular type of land use that is allowed as a matter of right within an associated zoning district, provided that all other requirements of this Chapter are met.
Personal or professional service (land use): See Section 94.4.05.
Personal storage facility (land use): See Section 94.4.06.
Placemaking: A multi-faceted approach to the planning, design and management of small scaled public, quasi-public and private spaces, in which visitors, customers, and/or the public is both directly and indirectly invited and welcomed to utilize. The design incorporates sociability, complementary land uses and activities, access and linkages, and comfort and image. See Section 94.6.02.
Plan commission: The Plan Commission of the Village, also commonly referred to as the Planning Commission. See Section 94.16.16.
Pole building: A building with sides consisting of corrugated steel or aluminum panels supported by vertical poles secured in the ground to serve as both the foundation and framework.
Porch: A covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.
Portable sign: A sign not permanently attached to the ground that is designed to be moved from one location to another, not including a sandwich board/pedestal sign.
Portable Storage Container: A stand-alone secure container that is portable in nature; designed and constructed for outdoor use; and used for the storage of household goods and/or commercial products that are not hazardous, toxic, explosive, or alive. For temporary use, often also commonly referred to as a “pod” and for other uses sometimes referred to as a “shipping container.”
Predatory bird: An owl, hawk, falcon, eagle or similar bird that feeds principally by catching living prey.
Principal building: See Building, principal.
Principal use: Any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use).
Private On-Site Wastewater Treatment System (POWTS): A sewage treatment and disposal system serving a single principal building with a septic tank and soil absorption field, holding tank where permitted under this Chapter, or alternative private sewage system located on the same lot as the principal building. Private on-site wastewater treatment systems are regulated under SPS 383, Wis. Admin. Code, other state regulations, and the Marathon County Sanitary Ordinance.
Prohibited sign: A sign that is not allowed to be erected within the jurisdiction of this Chapter.
Protest petition: A written protest against a proposed amendment to the Official Zoning Map (or Official Zoning Overlay Map), duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed amendment, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land.
Public improvement: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as streets, roads, alleys, pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.
Public sanitary sewer: Includes the Village sanitary sewer system and other forms of sanitary sewer systems approved by the State Department of Natural Resources and maintained by a public agency authorized to operate such systems.
Public service or utility (land use): See Section 94.4.04.
Railroad right-of-way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
Rain garden: A specially-designed, depressed garden that collects and infiltrates stormwater from impervious areas such as roofs, driveways, and heavily-compacted lawns. Rain gardens are usually planted with native vegetation, though ornamentals may also be used.
Real estate sign: A sign that is used to offer for sale, lease, or rent the property upon which the sign is placed.
Recorded lot: See “Lot of record.”
Recreational vehicle: For purposes of this Chapter, includes any of the following pieces of equipment or vehicles designed for human habitation and/or recreation: all-terrain motorized vehicles (e.g., “four-wheelers”); golf carts; snowmobiles; water craft (e.g., boats, jet-skis, canoes and kayaks 19 feet or longer); towed, motorized, or truck-mounted campers; motor homes; travel trailers; roof mounted cargo carriers; ice shacks or shanties on wheels; any trailer whether flat-bed or with a chassis-mounted container and for any purpose; or any vehicle or vehicle trailer similar to the above as determined by the Zoning Administrator.
Relocatable building (land use): See Section 94.4.10.
Residential agriculture (land use): See Section 94.4.09.
Residential business (land use): See Section 94.4.09.
Residential (land) use(s): A land use intended for use as a long-term residence or dwelling, whether owner or renter occupied, including “institutional residential” and “community living arrangement” land uses in any district and accessory residential land uses. Excludes commercial lodging, tourist lodgings, and campgrounds.
Residentially zoned or residential (zoning) district(s): The SF-L, SF-S, 2F, MF, and MH zoning districts, and any property within a PD or N district approved for residential use.
Restrictive, more/less: A regulation imposed by this Chapter is more/less restrictive than another if it prohibits or limits development to a greater/lesser extent or by means of more/less detailed specifications.
Restaurant: A type of “Indoor Commercial Entertainment” land use in which food and beverages are sold to paying customers for on-site consumption.
Restaurant, fast food: A type of “Drive-In or Drive-Through Sales or Service” use in which food and beverages are sold to customers ordering and/or picking up such food or beverages in vehicles, with or without an option or eat and drink in the premises instead.
Rural and open space (zoning) district: The FP, AR, RR-2, RR-5, and PR zoning districts.
Scale (of development): A term used to describe the gross floor area, height, or volume of a single structure or group of structures.
Seasonal outdoor sales of farm products (land use): See Section 94.4.10.
Sedimentation: The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.
Setback: The shortest distance between a building’s or structure’s exterior and the nearest point on the referenced lot line. See also “minimum setback.”
Shadow: The outline created on the surrounding area by the sun shining on the wind energy system.
Shrub: A low lying deciduous or evergreen plant.
Sign: An emblem, name, identification, description, or illustration that is affixed to or appears directly or indirectly upon a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization, or business. Definitions, descriptions, and regulations for various types and configurations of signs are found in Article 13.
Sign, abandoned: A business sign that is no longer being used in connection with an ongoing business on the lot; a sign that is no longer being used because the business is discontinued; and/or a sign that has not been maintained in a manner that renders it legible.
Sign, alteration: Any change in the size, shape, method of illumination, position, location, material, construction, or supporting structure of a sign.
Sign, gross area of: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
Signable wall: A front wall, street side wall, or interior or rear side wall with a customer building entrance facing a customer parking lot. No individual wall shall count as more than one signable wall for purposes of determining the allowable number and area of business signs.
Signal receiving antenna (satellite dishes) standards: See “Small Exterior Communication Device” and “Large Exterior Communication Device.”
Single-family detached residence (land use): See Section 94.4.02.
Site area: See Gross site area.
Site plan: See Sections 94.3.03(10) and 94.16.09.
Skylight: A window or other paned area located on the ceiling or roof of a structure.
Small exterior communication device (land use): See Section 94.4.09.
Small solar energy system (land use): See Section 94.4.09.
Small wind energy system (land use): See Section 94.4.09.
Solid waste disposal, composting, and/or recycling facility (land use): See Section 94.4.06.
Special zoning district: A zoning district that has unique land use, density, and other zoning rules applied at the time the special zoning district is zoned over a particular parcel(s) of land, as opposed to a standard or overlay zoning district in which such rules are fully articulated in this Chapter. Also describes those zoning districts listed as special zoning districts in Article 14.
Spreading of municipal waste/compost (land use): See Section 94.4.10.
Standard zoning district: A zoning district that primarily regulates the use, density, and other characteristics of land by a standard set of zoning rules written into this Chapter , as opposed to an “overlay” or “special” zoning district. Also describes those zoning districts listed as standard zoning districts in Section 94.2.02.
State: The State of Wisconsin.
Steep slope: Steep slopes are areas that contain a gradient of 12 percent or greater.
Stormwater management structure/facility: Includes in ground detention/retention ponds, basins, swales, ditches, stormwater drains, and similar site features or structures. See Section 94.12.02.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. Neither a basement nor a cellar shall be counted as a story.
Street: A public or private right-of-way that affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings.
Street, arterial: A street that serves longer intra-urban trips and traffic traveling through the Village, has limited to no direct access for abutting land uses, and has measured or projected traffic volume of over 6,000 vehicles per day; or as otherwise may be designated as an arterial street within the Comprehensive Plan or by the Village Board. Private access may be permitted with limitations imposed by the Village, Marathon County, the Wisconsin Department of Transportation and/or the Federal Highway Administration. The Functional Classification System includes designations as principal and minor arterials.
Street, collector: A street that collects and distributes internal traffic within the Village (such as within a residential neighborhood), provides connections between local and arterial streets and limited restrictions on access for abutting land uses, and has a measured or projected traffic volume of between 1,500 and 8,000 vehicles per day; or as otherwise may be designated as a collector street within the Comprehensive Plan or by the Village Board. The Functional Classification System includes designations as major and minor collectors.
Street side lot line: See “Lot line, street side.”
Street, local: A street designed to provide access to abutting land uses and leading into a collector or occasionally into an arterial street, but which is not designed to carry through traffic from outside the neighborhood where it is located. Not an arterial street or a collector street.
String of lights: Lighting used to enhance or decorate store fronts, displays, or signage and associated only with decoration.
Substandard lot: A legally created lot that met any applicable lot dimensional requirement when it was created but does not meet the minimum dimensional requirements applicable to the zoning district that are listed in this Chapter. Also referred to as a “legal nonconforming lot.” See Section 94.15.02.
Structure: Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excepting public utility fixtures and appurtenances.
Swale: A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.
Swimming pool standards: See Section 94.12.04.
Swimming pool: Either an above ground or in-ground outdoor structure that contains a body of water in a receptacle or other container having a depth for water at any point greater than 18 inches below the adjacent ground or deck elevation; used or intended to be used solely by the owner, operator, or lessee thereof and his family and invitees; and including all structural facilities, appliances, appurtenances, equipment, and other items intended to be used for the operation and maintenance of the swimming pool. Includes hot tubs, spas, and any other structure meeting the above definition. For the purposes of the associated regulations in Section 94.12.04, a swimming pool does not include any pond or any pool that is designed to be readily and/or seasonally disassembled, stored, and reassembled to its original integrity, provided that pool wall height does not exceed 48 inches.
Tarp shed: A structure intended for temporary outdoor shelter that is uses fabric stretched over a pole frame, which is a type of hoop building as separately defined and also commonly referred to as a “tarp shelter”.
Temporary outdoor sales (land use): See Section 94.4.10.
Temporary portable storage container (land use): See Section 94.4.10.
Temporary shelter (land use): See Section 94.4.10.
Temporary vehicle shelter: A structure typically supported by poles, having a fabric roof and/or sides, and usually used to cover automobiles, boats, or recreational vehicles. See Section 94.4.10.
Temporary unscreened outdoor storage accessory to an industrial use (land use): See Section 94.4.10.
Temporary use: A land use that is present on a property for a limited and specified period of time. See Section 94.4.10 for temporary uses, and 94.16.07 for applicable procedures.
Tent: A portable easily collapsible sleeping shelter made of canvas, plastic, or other woven or foldable materials and supported by poles or framework.
Terrace area: The land within a public street right-of-way between the street curbing and the sidewalk on the same side of the street. Where no sidewalk exists, the area within six feet from the street surface edge (or within six feet from curb if curb exists) shall be deemed to be a terrace area for the purpose of this Chapter.
Throat length: The centerline length of a driveway that accesses a public road and that serves an off-street parking lot, as measured between the nearest public street right-of-way and the point where the driveway merges into the off-street parking lot.
Total height (for wind turbine): The distance measured from ground level to the blade extended at its highest point.
Tourist rooming house (land use): See Section 94.4.05.
Toxic materials standards: See Section 94.12.18.
Tower: The monopole or freestanding structure on which a cellular communication device, wind turbine, and accessory equipment are mounted.
Townhouse: A type of Multi-family Residence containing between 3 and 8 dwelling units, where each unit has a private individual exterior access (beyond one that connects only to a private patio, porch, deck, or balcony), shares at least one common wall with an adjacent dwelling unit, and is not stacked on top of and does not share interior space with any other unit. Also referred to as a “row house.”.
Turf grass: Grass commonly used in regularly-cut lawns or play areas such as, but not limited to, bluegrass, fescue, and ryegrass blends.
Two-family residence (land use): See Section 94.4.02.
Unnecessary hardship: A circumstance where strict compliance with this Chapter would unreasonably prevent the property owner from using the property owner’s property for a permitted purpose or would render conformity with this Chapter unnecessarily burdensome. The property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.
Urban development: Development that is connected to public sanitary sewer and water services.
Use: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
Use, accessory: See Accessory Use.
Use, conditional: See Conditional Use.
Use, principal: See Principal Use.
Utility Shed: A detached accessory building that is less than 200 square feet in area and used primarily to store maintenance equipment for the same property. A utility shed is not a detached garage.
Variance: Permission to depart from the literal requirements of this Chapter granted pursuant to Section 94.16.11.
Vegetative roof: An extension of a typical gravel-ballasted flat roof built on top of a human-made structure that allows vegetation to grow in either a growing medium, and designed by an experienced vegetated roofing consultant to address gravity loads, slope stability, wind uplift, fire safety, waterproofing, drainage, water retention, vegetative performance, and maintenance in accord with industry standards and state and Village building codes.
Vehicle course or track (land use): See Section 94.4.09.
Vibration standards: See Section 94.12.12.
Violation: See Section 94.16.19.
Village: The Village of Weston, Wisconsin.
Village Board: The Board of Trustees of the Village.
Visibility and vision clearance standards: See Section 94.12.08(12).
Waste materials standards: See Section 94.12.19.
Well field: A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
Well recharge area: The land area that contributes water to a well by infiltration or water into the subsurface and movement towards the well, regardless of the municipal or zoning jurisdiction of such land area.
Wetland: An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
Wind turbine: The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
Working days: Monday, Tuesday, Wednesday, Thursday, or Friday; excluding holidays recognized by the Village.
Yard: The land area on a lot that is unoccupied and unobstructed by a principal building from its lowest ground level to the sky, except as expressly permitted in this Chapter, but that may include other improvements like accessory structures and driveways. Figure 5.01(3) includes an illustration of the different types of yards and the definitions below describe them.
Yard, front: The yard between the side lot lines extending from the front lot line to the nearest principal building on the lot, extending to the deepest part of its front-facing building facade. For lots with frontage on more than one public street including corner lots, the yard abutting the street on which the lot is addressed shall be the front yard except where otherwise determined by the Zoning Administrator.
Yard, interior side: The yard between the front and rear yards extending from the interior side lot line to the nearest part of the nearest principal building.
Yard, rear: The yard between the side lot lines extending from the rear lot line to the nearest part of the nearest principal building on the lot, excluding the street side yard where applicable.
Yard, street side: For lots with frontage on two or more streets including corner lots, the yard between the front yard and the rear lot lines, extending from the street side lot line to (a) the nearest part of the nearest principal building on the lot where such a building is directly inside the street side lot line and (b) the minimum street side setback line in other locations.
Zero lot line structure: A structure that is built over the property line, where walls separating occupancy units follow lot lines, such as a zero-lot-line duplex or townhouse.
Zoning Administrator: The person authorized and charged by the Village with the administration of this Chapter. See Section 94.16.15.
Zoning Board of Appeals: See Section 94.16.17. Also commonly referred to as “Board of Zoning Appeals” or “Board of Appeals.” Not the same as the Village Board or Board of Trustees.
Zoning district: A designation for a portion of the community designated for certain types of land uses and/or with certain standards for land development that are different than other portions.
Zoning map: See “Official Zoning Map.”
17 DEFINITIONS
The purpose of this Article is to define words, terms, and phrases contained in this Chapter that are essential to the understanding, administration, and enforcement of this Chapter, and that may not be part of common English usage or may have a different definition for purposes of this Chapter than common English usage suggests.
The interpretation of this Chapter shall abide by the provisions and rules of this Section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent of this Chapter.
The following abbreviations in this Chapter are intended to have the following meanings:
| Abbreviation | Meaning |
| 2F | 2F Two Family Residential (standard zoning district) |
| Ac | Acre |
| AH | AH Airport Height (overlay zoning district) |
| AR | AR Agricultural and Residential (standard zoning district) |
| B-1 | B-1 Neighborhood Business (standard zoning district) |
| B-2 | B-2 Highway Business (standard zoning district) |
| B-3 | B-3 General Business (standard zoning district) |
| BP | BP Business Park (standard zoning district) |
| Db | Decibel |
| DNR | Wisconsin Department or Natural Resources (also “WisDNR”) |
| DOT | Wisconsin Department of Transportation (also “WisDOT”) |
| D | D Design (overlay zoning district) |
| Du | Dwelling unit (also “housing unit”) |
| FAA | Federal Aviation Administration |
| FAR | Floor Area Ratio |
| Ft | Foot |
| FP | FP Farmland Preservation (standard zoning district) |
| GFA | Gross Floor Area |
| GI | GI General Industrial (standard zoning district) |
| GSA | Gross Site Area |
| HUD | U.S. Department of Housing and Urban Development |
| INT | INT Institutional (standard zoning district) |
| ISR | Impervious Surface Ratio |
| LI | Limited Industrial (standard zoning district) |
| LSR | Landscape Surface Ratio |
| Max | Maximum |
| MF | MF Multiple Family Residential (standard zoning district) |
| MGD | Maximum Gross Density |
| MH | MH Manufactured Home (standard zoning district) |
| Min | Minimum |
| MLA | Maximum Lot Area |
| MSA | Minimum Site Area |
| N/A or NA | Not applicable |
| N | N Neighborhood (refers both to a special zoning district and each unique development within such a district) |
| PSC | State of Wisconsin Public Services Commission |
| PD | PD Planned Development (refers both to a special zoning district and each unique development within such a district) |
| RM | RM Rural Mix (standard zoning district) |
| RR-2 | RR-2 Rural Residential (standard zoning district) |
| RR-5 | RR-5 Rural Residential (standard zoning district) |
| SF or sq. ft. | Square Feet |
| SF-L | SF-L Single Family Residential – Large Lot (standard zoning district) |
| SF-S | SF-S Single Family Residential – Small Lot (standard zoning district) |
| UDC | Uniform Dwelling Code |
| WHP | WHP Wellhead Protection Area (overlay zoning district) |
| - | Or fewer (as in “8-“) |
| + | Or more (as in “9+”) |
[Amended via Ord. 19-001; 1/23/2019]
The following words, terms and phrases, wherever they occur in this Chapter, shall have the meanings ascribed to them by this Section.
Abutting: Having a common border with, or being separated from such common border by an alley or easement.
Access: A means of providing vehicular or non-vehicular egress from or ingress to a property, highway, or private roadway.
Access, direct: A condition of immediate physical connection resulting from a highway, alley, or private road abutting a property.
Access, secondary: A means of providing vehicular or non vehicular ingress to or egress from a property and a source other than a street or alley (e.g., easement, common driveway).
Access standards: See Chapter 71 of the Weston Municipal Code.
Acre: 43,560 square feet.
Accessory dwelling unit (land use): See Section 94.4.09.
Accessory land use or structure: A use or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto.
Accessory residential use or dwelling unit: For purposes of this Chapter, a dwelling unit that is accessory to one or more principal land uses. Includes “In-Home Suites,” “Accessory Dwelling Units,” and similar uses.
Active outdoor public recreation (land use): See Section 94.4.04.
Addition: Any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load bearing wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls shall be considered new construction.
Address and/or identification sign: An accessory wall sign containing only the name and/or address of the premises on which it is located.
Adjacent: Abutting a separate lot.
Adult entertainment or adult-oriented establishment (land use): See Section 94.4.05.
Agricultural-related use (land use): See Section 94.4.03.
Agricultural use (land use): See Section 94.4.03.
Agricultural (zoning) district or agriculturally zoned: Either or both the FP Farmland Preservation zoning district or AR Agricultural and Residential zoning district.
Air dome: An enclosed building, or portion of an enclosed building, where either the shape of the building or portion of said building is maintained either by elevated air pressure within the usable area or by air pressurization of cells or tubes to form a barrel vault over the useable area. Except where explicitly allowed under this Chapter, air domes are a prohibited building type. Not the same as a “Hoop Building,” which is separately defined and regulated.
Air pollution standards: See Section 94.12.14.
Airport or heliport (land use): See Section 94.4.07.
Alley: A public right-of-way which normally affords a secondary means of access to the side or rear of an abutting property, and which is not intended for through traffic.
Amateur radio antenna: Any combination of materials or equipment located outside of a principal structure on some premises used exclusively for the purpose of sending and/or receiving electromagnetic waves for amateur radio service, including any towers, support structures, guy wires, foundations or similar components of a support structure.
Amateur radio service: The transmission and reception of electromagnetic signals for non-commercial purposes, by an amateur radio operator licensed by the Federal Communications Commission.
Animal confinement facilities: Locations of confinement of livestock at a density exceeding three of such livestock animals per acre, except as applies to dairy production facilities which incorporate areas for manure application (at rates not to exceed the nutrient requirements of the crops grown thereon) as an integral part of the operation.
Animal fancier (land use): See Section 94.4.09.
Animal unit: A term which has the meaning that was given in NR 243.05(3), Wis. Admin. Code. Animal units are not the same thing as the number of animals on a farm. A conversion factor is used for each different animal type (beef, dairy, swine) and size (mature or immature) to determine animal units. Example: a mature dairy cow is equal to 1.4 animal units. The Wisconsin Department of Agriculture, Trade and Consumer Protection has created Worksheet 1 – Animal Units to determine the number of animal units.
Apartment: See definition of Multi-Family Residence.
Appeal: A means for obtaining review of a decision, determination, interpretation, order, or failure to act pursuant to the terms of this Chapter as expressly authorized by the provisions of Section 94.16.14.
Aquifer: A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
Arterial street: See Street, Arterial.
Artisan studio (land use): See Section 94.4.05.
Artwork: Means a sculpture, monument, or structure erected solely for aesthetic purposes, which in no way identifies a product or business or is used for commercial purposes.
Auction yard (land use): See Section 94.4.06.
Awning: A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework.
Banner: A sign made of fabric or any non-rigid material with no enclosing framework.
Basement: A portion of a building located partly underground, but having one half or less of its floor to ceiling height below the average grade of the adjoining ground.
Bed and breakfast (land use): See Section 94.4.05.
Bedroom: A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping.
Billboard: An off-premise advertising sign that directs attention to a business, product, or service offered at a location other than on the premises on which the sign is located.
Blanket variance: A variance that is automatically granted by a provision of this Chapter in order to reduce the creation of legal nonconforming sites (see Section 94.15.05).
Board of Trustees: See “Village Board.”
Boarder: A person renting a room, or being provided a room as a stipulation of employment, in a Boarding House.
Boarding house (land use): See Section 94.4.05.
Brewpub: A use that is accessory to a restaurant or tavern use, produces less than 10,000 barrels of beer per year, is permitted under Wis. Stat. § 125.295, and where beer is primarily produced for on-site consumption.
Bufferyard: Any permitted combination of distance, vegetation, fencing, and/or berming that results in a reduction of visual and other interaction with an adjoining property, as required for certain land uses and activities and specified in Section 94.11.02(3)(d).
Building: A structure having a roof and intended for the shelter, housing, or enclosure of persons, animals or chattels.
Building, accessory: A building that meets the following criteria:
Building coverage: The percentage of a lot covered by all principal and accessory buildings, including all structures with a roof.
Building front: That exterior wall of a building that faces the front lot line of the lot.
Building height: The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof; the deck line of a mansard roof; or to the average height of the highest gable of an umbral, hip, or pitched roof.
Building Inspector: The employee or contractor of the Village officially designated to administer the Building Code.
Building, principal: A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
Building separation: The narrowest distance between two buildings. See Minimum Building Separation.
Building size: The total gross floor area of a building.
Bulk (of a building): The combination of building height, size, and location on a lot.
Business day: Any 24-hour day from Monday to Friday, except for any day on which Village employees are not required to work due to its association with a state or federal holiday.
Campground (land use): See Section 94.4.05.
Camping cabin: A camping unit that is a hard-sided tent or shelter less than 400 square feet in area whose foundation is not part of the cabins structure that is designed to be moveable which may or may not have an inside water connection or water using sanitary fixtures.
Camping unit: Any structure, equipment or vehicle intended for temporary sleeping accommodations for recreation or travel, not more than 400 square feet in area, including recreational vehicles (RV’s), pick-up trucks with sleeper attachments, motor homes, camping trailers, tents, park models, yurts, camping cabins, and similar equipment.
Camp site: A clearly signed piece of land within a camp ground that provides a location for a camping unit(s), with its location delineated on a campground site plan map.
Camping trailer: A camping unit that is a vehicle with a collapsible or folding structure and towed upon a highway by a motor vehicle.
Canopy (building): A rigid multisided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities.
Canopy (freestanding): A rigid multisided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground.
Carport: An attached or detached structure having a roof designed to shelter a motor vehicle, but open on more than one side.
Cellar: That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.
Certificate of Occupancy: See Section 94.16.10.
Collector street: See Street, Collector.
Commercial animal establishment (land use): See Section 94.4.05.
Commercial indoor lodging (land use): See Section 94.4.05.
Commercial land use(s): See Section 94.4.05.
Common ownership: Any combination of contiguous parcels singly owned by one uniquely named entity as identified by deed. Such an entity includes, but is not necessarily limited to, an individual person, a married couple or family trust, or a partnership or corporation.
Communications tower (land use): See Section 94.4.08.
Community character: The impression an area makes in regard to the type, intensity, density, quality, appearance, and age of development.
Community garden (land use): See Section 94.4.03.
Community living arrangement (land use): See Section 94.4.04.
Company cafeteria (land use): See Section 94.4.09.
Company provided on-site amenities (land use): See Section 94.4.09.
Comprehensive Plan: The adopted Comprehensive Plan of the Village, as may be from time to time amended. The Comprehensive Plan is intended to promote public health, safety, and welfare of the Village by effectively guiding long-range growth and development within the Village and its extraterritorial area. The Comprehensive Plan provides goals, objectives, policies, and recommendations for future land use, transportation, housing, economic development, utilities, community facilities, agricultural resources, natural resources, cultural resources, intergovernmental relations, and implementation. Implementation of the Comprehensive Plan is accomplished through this Chapter, other chapters of the Municipal Code, more detailed plans, public investments, private development decisions, intergovernmental cooperation, and citizen involvement. The authority for the Village of Weston to prepare and adopt a Comprehensive Plan is established under Wis. Stats. § 62.23 and 66.1001.
Conditional use: A land use that requires a conditional use permit in order to develop.
Conservation neighborhood design: A technique of designing neighborhoods in which the preservation of natural resources is central to the overall design.
Construction, start of: The installation of foundation footings and/or materials for road construction.
Contractor’s on-site equipment storage facility (land use): See Section 94.4.10.
Contractor’s project office (land use): See Section 94.4.10.
County: Marathon County, Wisconsin.
Cul-de-sac: A local street having one end open to traffic and the other end permanently terminated in a vehicular turnaround meeting Village standards.
Day care: See “Family Day Care Home,” “Intermediate Day Care Home,” or “Group Day Care Center.”
Deck: A platform, raised above the ground surface, either freestanding or attached to a building, and supported by pillars or posts.
Dedication: The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.
Density: A term used to describe the number of dwelling units per acre.
Detached accessory structure (for non-residential use) (land use): See Section 94.4.09.
Detached accessory structure (for residential use) (land use): See Section 94.4.09.
Detached garage: See “Garage, detached.”
Developer: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an option or contract purchaser.
Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Chapter.
Disposal land use(s): See Section 94.4.06.
Distribution center (land use): See Section 94.4.07.
Donation Drop-off box or vending machine (land use): See Section 94.4.09.
Drainage: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff, to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding.
Drive-in or drive-through sales or service (land use): See Section 94.4.05.
Drive-in theater: See “Outdoor Commercial Entertainment.”
Dwelling: A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and campgrounds.
Dwelling, attached: A dwelling joined to another dwelling at one or more sides by a shared wall or walls.
Dwelling, detached: A dwelling entirely surrounded by open space on the same lot.
Dwelling unit: A room or group of rooms providing or intended to provide permanent living quarters for not more than one family. Also “housing unit.”
Dwelling unit separation: The narrowest distance between two dwelling units. See Minimum dwelling unit separation.
Earth filling/excavating: See Section 94.12.02.
Easement: Written authorization, recorded in the Register of Deeds' office, from a landowner authorizing another party to use any designated part of the land owner’s property for a specified purpose.
Encroachment: Any fill, structure, building, use, or development that advances beyond proper limits.
Erosion: The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
Essential services: Facilities that meet the following criteria:
Existing Facilities and Land Uses: Pertaining to the wellhead protection regulations of this Chapter, those facilities, practices, or activities existing as of the date that the WHP Wellhead Protection Area overlay zoning district is first mapped in that area and in continuous operation since that date, which may cause or threaten to cause environmental pollution within the WHP district. Existing facilities and land uses include but are not limited to the type listed in the Department of Natural Resources’ form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, incorporated herein as if fully set forth.
Explosion standards: See Section 94.12.17.
Exterior storage standards: See Section 94.12.06.
ETZ Area: The area outside of the Village municipal limits in which the Village exercises joint zoning authority with the Town of Weston, under extraterritorial zoning authority granted by Wisconsin Statutes. Also “extraterritorial zoning area.”
Extraterritorial Area: The area outside of the Village municipal limits in which the Village may exercise extraterritorial powers of planning, land division, official mapping, and/or zoning under Wisconsin Statutes.
Extraterritorial Zoning Committee: The committee formed under Wisconsin Statutes to make and advise zoning decisions within the ETZ Area. Also referred to as the “Joint Committee” or “Joint Extraterritorial Committee.”
Façade: That portion of the exterior vertical surface of a building extending from finished grade to the top of the parapet, wall, or eaves.
Family: An individual or two or more persons, each related by blood, marriage, adoption, or guardianship, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household in which bathrooms, kitchen facilities, and living quarters are shared.
Family day care home (land use): See Section 94.4.09.
Farm: A parcel or parcels of land (a) where the majority of the land is used for growing farm products—such as vegetables, trees , and grain—and/or for the raising of the farm animals, (b) from which at least $6,000 of gross farm revenue in the prior full calendar year (or $18,000 total over the last 3 years) have been earned or where the land is enrolled in a farm commodity or conservation program, and (c) in common ownership as defined in this Section. Also referred to as a “farm operation.”
Farm animal: Any animal that is customarily raised for a profit on a farm and/or to supplement household food supplies or income, and that has the potential for causing a nuisance or public health concerns if not properly maintained. Includes bovine animals, equine animals, goats, poultry, sheep, swine, farm raised deer, farm raised game birds, camelids, ratites, farm raised fish, and bees, but does not include pot-bellied pigs. Refer to Wis. Admin. Code ATCP § 51 for applicable definition related to certain livestock facilities covered by those rules. Also referred to as “livestock” for purposes of this Zoning Ordinance.
Farm residence: The only single-family residence located on a farm.
Farmers’ Market: The days the Village of Weston provides a time and space for vendors to peddle, vend, sell, serve, display, offer to sell or give away a grown or homemade good, product, food or beverage.
Fencing standards: See Section 94.12.03.
Fire and explosion standards: See Section 94.12.17.
Flag: Any fabric, plastic, or similar material containing distinctive colors, patterns, or symbols used as a symbol or emblem of any corporation, nation, organization of nations, state, Village, or religious, fraternal, educational or civic organization displayed for noncommercial purposes.
Flashing sign: A directly or indirectly illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
Flicker: The moving shadow created by sun shining on the rotating blades of the wind turbine.
Floor area: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space (decks are not included in this measurement). Measurements shall be made from the inside of the exterior walls and to the center of interior walls.
Floor area ratio (FAR): The ratio calculated by dividing the Gross Floor Area of all buildings on a site by the Gross Site Area.
Footcandle: A unit of illumination produced on a surface, all points of which are one-foot from a uniform point source of one candle, or approximately 10 LUX.
Freight terminal and mass transportation depot (land use): See Section 94.4.07.
Garage: A detached garage or a portion of the principal building, not including a carport, which is used primarily for storing vehicles and equipment. See also “Detached Accessory Structure (for Residential Use).”
Garage, detached: A detached accessory building that is 200 square feet in area or greater; used primarily to store vehicles and equipment; and installed on a foundation, hard surface, or graveled surface. A detached garage is not a utility shed.
Gas station: See “Drive-In or Drive-Through Sales or Service.”
Gazebo: A detached accessory structure that is covered but that also allows open air and views on all sides, and is for recreational use that does not include storing vehicles or equipment.
Geothermal energy system (GES) (land use): See Section 94.4.09.
General floor plans: A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.
Glare: The brightness of a light source that causes eye discomfort.
Glare standards: See Section 94.12.16.
Greenhouse, Residential: A building accessory to a principal residential use on the same lot, devoted to the cultivation and/or protection of flowers, vegetables, or other tender plants primary intended for use, consumption, and enjoyment on the same premises.
Green space: Includes all landscape surfaces, in ground stormwater management facilities, woodlands, and permanently protected natural resource areas that allow ground water infiltration.
Gross density: The result of dividing the number of dwelling units located on a site by the gross site area. See Maximum gross density.
Gross floor area (GFA): The total floor area on all levels of a building.
Gross site area (GSA): The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development.
Group day care center (land use): See Section 94.4.05.
Group development: Any unified non-residential or mixed-use development that consists of two or more separated, individual business spaces within one or more buildings, or a collection of buildings and businesses on separate lots or building pads developed as a unified project, including industrial parks, health care complexes, and shopping centers.
Habitable building: Any building, or portion thereof, used for human habitation.
Hard surface: A dustless, all-weather surface including concrete, asphalt paving, “black-top,” pervious pavement, interlocking pavers, paving stones commercially designed and manufactured for the proposed purpose, any combination of these materials, or other similar material approved by the Zoning Administrator. Does not include gravel, other crushed stone, limestone screenings, clay, or other loose aggregate or organic material.
Hazardous materials: See Section 94.12.20.
Heat standards: See Section 94.12.16.
Heavy duty trucks: A Federal Highway Administration classification of including all trucks with a gross vehicle weight rating of over 26,000 pounds.
Heavy industrial (land use): See Section 94.4.08.
Height of structure: See Building Height.
Historic structure: Any building or portion of a building that is (a) listed or eligible for listing on the National or State Registers of Historic Places or (b) identified as having historic or architectural significance by a comprehensive survey of historic resources conducted by or with authorization of the Village.
Hobby farm: A type of agricultural use that produces food or fiber, or that houses horses or similar animals, but is operated for pleasure or supplemental income rather than for primary income and exceeds the limitations associated with the “keeping of farm animals on residential lots and school sites” land use.
Hoop building: A steel or plastic framed and fabric material covered building, or a metal covered open walled structure, designed for the snow loading that can occur during the winter months. Also known as and including a hoop shed, hoop house, hoop barn, hoop shelter, canvas building, tarp shed, arch building, fabric tensioned structure, tent garage, or metal car port. Does not include an “Air Dome,” which is separately defined and regulated under this Chapter.
Home occupation (land use): See Section 94.4.09.
Hotel: See “Commercial Indoor Lodging.”
Ice shanty: A portable shed placed on a frozen lake to provide shelter during ice fishing. Also called an ice shack, ice house, fishing shanty, fish house, fish coop, or ice hut. Where placed or stored outside of another fully enclosed building on land, an ice shanty shall be classified and regulated as a “recreational vehicle” if it has wheels and as a “detached accessory structure” if it does not have wheels.
Impervious surface: Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as hard surfaces as defined in this section are considered impervious. For the purposes of this Chapter, gravel areas, and areas with landscaped pavers and pervious pavement intended for vehicular traffic, and the area occupied by greenhouses and gazebos shall also be considered impervious.
In-home suite (land use): See Section 94.4.09.
Indirectly (externally) illuminated sign: A sign that is illuminated from a source outside of the actual sign.
Indoor commercial entertainment (land use): See Section 94.4.05.
Indoor institutional—general (land use): See Section 94.4.04.
Indoor institutional—intensive (land use): See Section 94.4.04.
Indoor repair and maintenance (land use): See Section 94.4.05.
Indoor sales incidental to storage or light industrial land use (land use): See Section 94.4.09.
Indoor sales or service (land use): See Section 94.4.05.
Indoor storage or wholesaling (land use): See Section 94.4.06.
Institutional and recreational land use(s): See Section 94.4.04.
Institutional residential (land use): See Section 94.4.04.
Intensity: A term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site.
Intermediate day care home (land use): See Section 94.4.09.
Internally illuminated sign: A sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within such sign.
Interpretations: See Section 94.16.12.
Joint Extraterritorial Committee: See Extraterritorial Zoning Committee.
Junkyard or salvage yard (land use): See Section 94.4.06.
Keeping of farm animals on residential lots and school sites (land use): See Section 94.4.09.
Landscape points: See Section 94.8.02(4).
Landscaped area: The area of a site that is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters. Landscaped areas do not include stormwater detention ponds unless the Zoning Administrator deems that the design of the facility also meets the aesthetic, screening, or other open space requirement applicable to the use or site.
Landscaped surface area ratio (LSR): The percentage of the gross site area or lot area that is preserved as permanently protected landscaped area, including vegetative roofs meeting the definition in this section.
Landscaping: A deliberately designed collection of living plants installed and maintained on a lot, generally including a combination of trees, shrubs, and perennial plantings.
Land use: The type of use, development, and/or activity occurring on a piece of property.
Large exterior communication device (land use): See Section 94.4.09.
Lawn care: Any activity involving the preparation, installation, and maintenance of vegetative ground cover, including but not limited to grass.
Lawn ornaments. Decorative, human-made objects placed in the yard area of a property, such as statuary, bird baths, bird feeders, sundials, fountains, and similar features. Yard accessories that serve a more utilitarian or recreational purpose, such as clothes lines and play sets, are not considered lawn ornaments.
Light duty trucks: A Federal Highway Administration classification including all trucks with a gross vehicle weight rating of up to 14,000 pounds.
Light industrial (land use): See Section 94.4.08.
Light industrial activities incidental to indoor sales or service (land use): See Section 94.4.09.
Lighting standards, exterior: See Section 94.12.11.
Livestock or farm commodity trucking (land use): See Section 94.4.07.
Loading standards: See Section 94.12.10.
Local collector street: See “Street, Collector.”
Local residential street: See “Street, Local Residential.”
Local street: See “Street, Local.”
Lot: A parcel of land that: (a) is undivided by any street or private road; and (b) has frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other provisions of this Chapter and the Village Subdivision Ordinance.
Lot area: The area contained within the exterior boundaries of a recorded lot, excluding public streets and land under bodies of water.
Lot, corner: A lot situated at the junction of and abutting two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
Lot depth: The average distance between the front lot line and the rear lot line of a lot.
Lot frontage: Lot width measured at the front lot line.
Lot interior: A lot other than a corner lot.
Lot line: A lot line is a property line bounding a lot, except that where any portion of a lot extends into the public right of way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for purposes of this Chapter.
Lot line, front: A lot line that abuts a public or private street right-of-way. For corner lots, the lot line along the street from which the house is addressed shall be the front lot line. (See also lot line, street side).
Lot line, interior side: Any boundary of a lot that is not a front lot line, a street side lot line, or a rear lot line.
Lot line, rear: In the case of rectangular or most trapezoidal shaped lots, the lot line that is opposite and most distant from the front lot line of the lot is the rear lot line. In the case of an irregular, triangular, or gore shaped lot, a line 20-feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of a double frontage lot, there shall be no rear lot line
Lot line, street side: For corner lots, the lot line that abuts a public or private street right of way but that is not the front lot line.
Lot of record: A platted lot or lot described in a certified survey map or in metes and bounds description that has been approved by the Village and/or by Marathon County; and has been recorded in the office of the Register of Deeds.
Lot, through: A lot that has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac).
Lot width: The maximum horizontal distance between the side lot lines of a lot, measured at a location of the lot that is (a) parallel to the front lot line and at (b) at the minimum required front yard. Such minimum required front yard shall be per this Chapter for the associated zoning district, or further towards the rear lot line if so delineated on an approved subdivision plat or certified survey map. See also “Minimum lot width.”
Lowest floor: The lowest enclosed floor (including basement). Any unfinished or flood resistant enclosure, usable solely for parking vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable non elevation design requirements of this Chapter.
Manufactured home: A structure that is designed to be used as a dwelling with or without a permanent foundation and that it is certified by the Federal Department of Housing and Urban Development as complying with the standards established under 42 USC §§ 5401 to 5424, and includes any additions, attachments, annexes, foundation, and appurtenances.
Maximum accessory building coverage: The largest permitted area of all accessory buildings on a lot.
Maximum floor area ratio (FAR): The largest amount of floor area permitted on a lot. See also “floor area ratio.”
Maximum gross density (MGD): The maximum number of dwelling units permitted per acre of Gross Site Area. See also “gross density.”
Maximum height: The maximum height of the highest portion of any structure. See also “height.”
Micro-beverage production facility (land use): See Section 94.4.05.
Minimum building separation: The narrowest permitted building separation for buildings on the same building lot or site.
Minimum dwelling unit separation: The narrowest permitted dwelling unit separation on the same building lot or site.
Minimum landscape surface ratio (LSR): The lowest permitted landscape surface ratio. See also “landscape surface ratio.”
Minimum lot area (MLA): The minimum size lot permitted within the specified zoning district and development option.
Minimum lot width: The smallest permissible lot width within the applicable zoning district.
Minimum setback: The narrowest distance permitted from a front, street side, interior side, or rear lot line to a building or structure as specified in this Chapter. Alternatively referred to as “minimum required yard.” Figures 5.01(3) and (4) include illustrations of minimum setbacks.
Minimum site area (MSA): The minimum gross site area in which the specified development option may occur. See also “gross site area (GSA)”.
Mixed use: Some combination of residential, commercial, industrial, office, institutional, or other land uses within a district or development, except as may otherwise defined in the standards for a PD or N district.
Mixed use dwelling unit (land use): See Section 94.4.02.
Manufactured home community (land use): See Section 94.4.02.
Mobile food vending unit: Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, pedal cart, stand, display, carried container, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which food and/or beverages are being peddled, vended, sold, served, displayed, or offered for sale or given away. This definition does not include a mobile wholesale delivery unit, a vehicle which is used solely to transport or deliver food, or a common carrier regulated by the state or federal government. See Section 94.4.10(13).
Mobile food vendor: Means a person who peddles, vends, sells, serves, displays, offers to sell or give away food or beverages from a mobile food vending unit.
Mobile home: 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 uncollapsible construction, which has an overall length in excess of 45 feet. “Mobile home” includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer’s warranty, and includes any additions, attachments, annexes, foundations and appurtenances.
Modular home: Includes homes that are built to State, County, and Village building code standards and consist of one or more modules, panels, and pre-cut sections that are manufactured off-site and are transported to the site for final assembly.
Multi-family residence (land use): See Section 94.4.02.
Navigable water: All natural lakes, rivers, streams, ponds, sloughs, flowages, and other waters that are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)] For the purposes of this Chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
Noise standards: See Section 94.12.13.
Non-metallic mineral extraction (land use): See Section 94.4.08.
Nonconforming lot: See “Substandard Lot.”
Nonconforming sign: A sign that was legally constructed under the regulations in place at the time, but does not conform to the regulations of this Chapter.
Nonconforming site: Any development that was lawfully established prior to March 18, 2015 or subsequent amendments thereto, but that would not conform to one or more current site, building, landscape, lighting, or other design regulations within this Chapter. See Section 94.15.05.
Nonconforming structure: Any building, or other structure, that was lawfully established prior to March 18, 2015 or subsequent amendments thereto, but that would not conform to one or more current density, intensity, or bulk regulations within this Chapter. See Section 94.15.04.
Nonconforming use: An active and actual use of land, building(s), or structure(s) that was lawfully established prior to March 18, 2015 or subsequent amendments thereto, that has continued as the same use to the present, and that does not comply with all the applicable use regulations of this Chapter. See Section 94.15.03.
Non-Residential and Mixed Use (Zoning) Districts: The INT, B-1, B-2, B-3, BP, LI, GI and RM districts, and any property within a PD or N district approved for non-residential use. Alternately referred to as “Non-Residential Zoning Districts” in this chapter.
Non-residential building: Any building containing a non-residential land use.
Non-residential land use(s): All uses that are not intended for long term or permanent use as a dwelling unit. Commercial lodging and similar land uses intended for short-term occupancy are considered non-residential land uses.
Noxious matter or materials: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well being of individuals.
Noxious materials standards: See Section 94.12.18.
Odor standards: See Section 94.12.15.
Office (land use): See Section 94.4.05.
Official map: A map adopted and designated by the Village as being the “Official Map,” pursuant to Wis. Stat. § 66.23(6), which shows current and proposed municipal sites, rights-of-way, and/or drainageways.
Official Overlay Zoning Map: The map adopted and designated by the Village as being the “Official Zoning Map” that includes all lands within the Village municipal limits and ETZ Area, and that visually represents the location of overlay zoning districts under this Chapter.
Official Zoning Map: The map adopted and designated by the Village as being the “Official Zoning Map” that includes all lands within the Village municipal limits and ETZ Area, and that visually represents the location of zoning districts under this Chapter.
On site: Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.
On-site agricultural retail (land use): See Section 94.4.03.
On-site real estate sales office (land use): See Section 94.4.10.
Opacity: The degree to which vision is blocked by a bufferyard. Opacity is a measure of complete visual obstruction measured as the percentage of a bufferyard's vertical plane to a height of six feet above ground level measured from the property or land use to be screened.
Operational plan: A plan describing the basic characteristics and approach for operating a proposed use.
Outdoor assembly or special event (land use): See Section 94.4.10.
Outdoor commercial entertainment (land use): See Section 94.4.05.
Outdoor display (land use): See Section 94.4.05.
Outdoor institutional (land use): See Section 94.4.04.
Outdoor solid fuel furnace (land use): See Section 94.4.09.
Outdoor storage of firewood standards: See Section 94.12.05.
Outdoor storage or wholesaling (land use): See Section 94.4.06.
Outdoor vehicle repair and maintenance (land use): See Section 94.4.05.
Overlay zoning district: A zoning district that imposes uniform restrictions on all properties within its area that are in addition to the restrictions specific to the underlying standard or special zoning districts and the general restrictions of this Chapter. See Article 6.
Owner: The person, persons, or other legal entity having the right of legal title to a lot or parcel of land.
Parapet: The extension of a false front or wall above the roofline.
Parcel: The area within the boundary lines of a lot.
Parking requirements: For minimum parking requirements associated with individual land uses refer to Article 4. For parking space and lot design standards, see Section 94.12.09.
Passive outdoor public recreation (land use): See Section 94.4.04.
Penalty: See Section 94.16.19.
Pennant: A sign made of fabric, plastic, or similar material, which may or may not contain distinctive colors, patterns or symbols of a corporation or business, often in series, and usually mounted without a frame and hung from poles and structures to allow movement by air. Such attention-getting displays not specifically defined as a flag or banner are considered pennants.
Performance guarantee: A financial guarantee to ensure that all improvements, facilities, or work required by this Chapter will be completed in compliance with the Chapter regulations and the approved plans and specifications of a development.
Performance standard: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings.
Permitted by right, use: A particular type of land use that is allowed as a matter of right within an associated zoning district, provided that all other requirements of this Chapter are met.
Personal or professional service (land use): See Section 94.4.05.
Personal storage facility (land use): See Section 94.4.06.
Placemaking: A multi-faceted approach to the planning, design and management of small scaled public, quasi-public and private spaces, in which visitors, customers, and/or the public is both directly and indirectly invited and welcomed to utilize. The design incorporates sociability, complementary land uses and activities, access and linkages, and comfort and image. See Section 94.6.02.
Plan commission: The Plan Commission of the Village, also commonly referred to as the Planning Commission. See Section 94.16.16.
Pole building: A building with sides consisting of corrugated steel or aluminum panels supported by vertical poles secured in the ground to serve as both the foundation and framework.
Porch: A covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.
Portable sign: A sign not permanently attached to the ground that is designed to be moved from one location to another, not including a sandwich board/pedestal sign.
Portable Storage Container: A stand-alone secure container that is portable in nature; designed and constructed for outdoor use; and used for the storage of household goods and/or commercial products that are not hazardous, toxic, explosive, or alive. For temporary use, often also commonly referred to as a “pod” and for other uses sometimes referred to as a “shipping container.”
Predatory bird: An owl, hawk, falcon, eagle or similar bird that feeds principally by catching living prey.
Principal building: See Building, principal.
Principal use: Any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use).
Private On-Site Wastewater Treatment System (POWTS): A sewage treatment and disposal system serving a single principal building with a septic tank and soil absorption field, holding tank where permitted under this Chapter, or alternative private sewage system located on the same lot as the principal building. Private on-site wastewater treatment systems are regulated under SPS 383, Wis. Admin. Code, other state regulations, and the Marathon County Sanitary Ordinance.
Prohibited sign: A sign that is not allowed to be erected within the jurisdiction of this Chapter.
Protest petition: A written protest against a proposed amendment to the Official Zoning Map (or Official Zoning Overlay Map), duly signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed amendment, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land.
Public improvement: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as streets, roads, alleys, pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.
Public sanitary sewer: Includes the Village sanitary sewer system and other forms of sanitary sewer systems approved by the State Department of Natural Resources and maintained by a public agency authorized to operate such systems.
Public service or utility (land use): See Section 94.4.04.
Railroad right-of-way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
Rain garden: A specially-designed, depressed garden that collects and infiltrates stormwater from impervious areas such as roofs, driveways, and heavily-compacted lawns. Rain gardens are usually planted with native vegetation, though ornamentals may also be used.
Real estate sign: A sign that is used to offer for sale, lease, or rent the property upon which the sign is placed.
Recorded lot: See “Lot of record.”
Recreational vehicle: For purposes of this Chapter, includes any of the following pieces of equipment or vehicles designed for human habitation and/or recreation: all-terrain motorized vehicles (e.g., “four-wheelers”); golf carts; snowmobiles; water craft (e.g., boats, jet-skis, canoes and kayaks 19 feet or longer); towed, motorized, or truck-mounted campers; motor homes; travel trailers; roof mounted cargo carriers; ice shacks or shanties on wheels; any trailer whether flat-bed or with a chassis-mounted container and for any purpose; or any vehicle or vehicle trailer similar to the above as determined by the Zoning Administrator.
Relocatable building (land use): See Section 94.4.10.
Residential agriculture (land use): See Section 94.4.09.
Residential business (land use): See Section 94.4.09.
Residential (land) use(s): A land use intended for use as a long-term residence or dwelling, whether owner or renter occupied, including “institutional residential” and “community living arrangement” land uses in any district and accessory residential land uses. Excludes commercial lodging, tourist lodgings, and campgrounds.
Residentially zoned or residential (zoning) district(s): The SF-L, SF-S, 2F, MF, and MH zoning districts, and any property within a PD or N district approved for residential use.
Restrictive, more/less: A regulation imposed by this Chapter is more/less restrictive than another if it prohibits or limits development to a greater/lesser extent or by means of more/less detailed specifications.
Restaurant: A type of “Indoor Commercial Entertainment” land use in which food and beverages are sold to paying customers for on-site consumption.
Restaurant, fast food: A type of “Drive-In or Drive-Through Sales or Service” use in which food and beverages are sold to customers ordering and/or picking up such food or beverages in vehicles, with or without an option or eat and drink in the premises instead.
Rural and open space (zoning) district: The FP, AR, RR-2, RR-5, and PR zoning districts.
Scale (of development): A term used to describe the gross floor area, height, or volume of a single structure or group of structures.
Seasonal outdoor sales of farm products (land use): See Section 94.4.10.
Sedimentation: The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.
Setback: The shortest distance between a building’s or structure’s exterior and the nearest point on the referenced lot line. See also “minimum setback.”
Shadow: The outline created on the surrounding area by the sun shining on the wind energy system.
Shrub: A low lying deciduous or evergreen plant.
Sign: An emblem, name, identification, description, or illustration that is affixed to or appears directly or indirectly upon a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization, or business. Definitions, descriptions, and regulations for various types and configurations of signs are found in Article 13.
Sign, abandoned: A business sign that is no longer being used in connection with an ongoing business on the lot; a sign that is no longer being used because the business is discontinued; and/or a sign that has not been maintained in a manner that renders it legible.
Sign, alteration: Any change in the size, shape, method of illumination, position, location, material, construction, or supporting structure of a sign.
Sign, gross area of: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
Signable wall: A front wall, street side wall, or interior or rear side wall with a customer building entrance facing a customer parking lot. No individual wall shall count as more than one signable wall for purposes of determining the allowable number and area of business signs.
Signal receiving antenna (satellite dishes) standards: See “Small Exterior Communication Device” and “Large Exterior Communication Device.”
Single-family detached residence (land use): See Section 94.4.02.
Site area: See Gross site area.
Site plan: See Sections 94.3.03(10) and 94.16.09.
Skylight: A window or other paned area located on the ceiling or roof of a structure.
Small exterior communication device (land use): See Section 94.4.09.
Small solar energy system (land use): See Section 94.4.09.
Small wind energy system (land use): See Section 94.4.09.
Solid waste disposal, composting, and/or recycling facility (land use): See Section 94.4.06.
Special zoning district: A zoning district that has unique land use, density, and other zoning rules applied at the time the special zoning district is zoned over a particular parcel(s) of land, as opposed to a standard or overlay zoning district in which such rules are fully articulated in this Chapter. Also describes those zoning districts listed as special zoning districts in Article 14.
Spreading of municipal waste/compost (land use): See Section 94.4.10.
Standard zoning district: A zoning district that primarily regulates the use, density, and other characteristics of land by a standard set of zoning rules written into this Chapter , as opposed to an “overlay” or “special” zoning district. Also describes those zoning districts listed as standard zoning districts in Section 94.2.02.
State: The State of Wisconsin.
Steep slope: Steep slopes are areas that contain a gradient of 12 percent or greater.
Stormwater management structure/facility: Includes in ground detention/retention ponds, basins, swales, ditches, stormwater drains, and similar site features or structures. See Section 94.12.02.
Story: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. Neither a basement nor a cellar shall be counted as a story.
Street: A public or private right-of-way that affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings.
Street, arterial: A street that serves longer intra-urban trips and traffic traveling through the Village, has limited to no direct access for abutting land uses, and has measured or projected traffic volume of over 6,000 vehicles per day; or as otherwise may be designated as an arterial street within the Comprehensive Plan or by the Village Board. Private access may be permitted with limitations imposed by the Village, Marathon County, the Wisconsin Department of Transportation and/or the Federal Highway Administration. The Functional Classification System includes designations as principal and minor arterials.
Street, collector: A street that collects and distributes internal traffic within the Village (such as within a residential neighborhood), provides connections between local and arterial streets and limited restrictions on access for abutting land uses, and has a measured or projected traffic volume of between 1,500 and 8,000 vehicles per day; or as otherwise may be designated as a collector street within the Comprehensive Plan or by the Village Board. The Functional Classification System includes designations as major and minor collectors.
Street side lot line: See “Lot line, street side.”
Street, local: A street designed to provide access to abutting land uses and leading into a collector or occasionally into an arterial street, but which is not designed to carry through traffic from outside the neighborhood where it is located. Not an arterial street or a collector street.
String of lights: Lighting used to enhance or decorate store fronts, displays, or signage and associated only with decoration.
Substandard lot: A legally created lot that met any applicable lot dimensional requirement when it was created but does not meet the minimum dimensional requirements applicable to the zoning district that are listed in this Chapter. Also referred to as a “legal nonconforming lot.” See Section 94.15.02.
Structure: Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excepting public utility fixtures and appurtenances.
Swale: A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.
Swimming pool standards: See Section 94.12.04.
Swimming pool: Either an above ground or in-ground outdoor structure that contains a body of water in a receptacle or other container having a depth for water at any point greater than 18 inches below the adjacent ground or deck elevation; used or intended to be used solely by the owner, operator, or lessee thereof and his family and invitees; and including all structural facilities, appliances, appurtenances, equipment, and other items intended to be used for the operation and maintenance of the swimming pool. Includes hot tubs, spas, and any other structure meeting the above definition. For the purposes of the associated regulations in Section 94.12.04, a swimming pool does not include any pond or any pool that is designed to be readily and/or seasonally disassembled, stored, and reassembled to its original integrity, provided that pool wall height does not exceed 48 inches.
Tarp shed: A structure intended for temporary outdoor shelter that is uses fabric stretched over a pole frame, which is a type of hoop building as separately defined and also commonly referred to as a “tarp shelter”.
Temporary outdoor sales (land use): See Section 94.4.10.
Temporary portable storage container (land use): See Section 94.4.10.
Temporary shelter (land use): See Section 94.4.10.
Temporary vehicle shelter: A structure typically supported by poles, having a fabric roof and/or sides, and usually used to cover automobiles, boats, or recreational vehicles. See Section 94.4.10.
Temporary unscreened outdoor storage accessory to an industrial use (land use): See Section 94.4.10.
Temporary use: A land use that is present on a property for a limited and specified period of time. See Section 94.4.10 for temporary uses, and 94.16.07 for applicable procedures.
Tent: A portable easily collapsible sleeping shelter made of canvas, plastic, or other woven or foldable materials and supported by poles or framework.
Terrace area: The land within a public street right-of-way between the street curbing and the sidewalk on the same side of the street. Where no sidewalk exists, the area within six feet from the street surface edge (or within six feet from curb if curb exists) shall be deemed to be a terrace area for the purpose of this Chapter.
Throat length: The centerline length of a driveway that accesses a public road and that serves an off-street parking lot, as measured between the nearest public street right-of-way and the point where the driveway merges into the off-street parking lot.
Total height (for wind turbine): The distance measured from ground level to the blade extended at its highest point.
Tourist rooming house (land use): See Section 94.4.05.
Toxic materials standards: See Section 94.12.18.
Tower: The monopole or freestanding structure on which a cellular communication device, wind turbine, and accessory equipment are mounted.
Townhouse: A type of Multi-family Residence containing between 3 and 8 dwelling units, where each unit has a private individual exterior access (beyond one that connects only to a private patio, porch, deck, or balcony), shares at least one common wall with an adjacent dwelling unit, and is not stacked on top of and does not share interior space with any other unit. Also referred to as a “row house.”.
Turf grass: Grass commonly used in regularly-cut lawns or play areas such as, but not limited to, bluegrass, fescue, and ryegrass blends.
Two-family residence (land use): See Section 94.4.02.
Unnecessary hardship: A circumstance where strict compliance with this Chapter would unreasonably prevent the property owner from using the property owner’s property for a permitted purpose or would render conformity with this Chapter unnecessarily burdensome. The property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.
Urban development: Development that is connected to public sanitary sewer and water services.
Use: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
Use, accessory: See Accessory Use.
Use, conditional: See Conditional Use.
Use, principal: See Principal Use.
Utility Shed: A detached accessory building that is less than 200 square feet in area and used primarily to store maintenance equipment for the same property. A utility shed is not a detached garage.
Variance: Permission to depart from the literal requirements of this Chapter granted pursuant to Section 94.16.11.
Vegetative roof: An extension of a typical gravel-ballasted flat roof built on top of a human-made structure that allows vegetation to grow in either a growing medium, and designed by an experienced vegetated roofing consultant to address gravity loads, slope stability, wind uplift, fire safety, waterproofing, drainage, water retention, vegetative performance, and maintenance in accord with industry standards and state and Village building codes.
Vehicle course or track (land use): See Section 94.4.09.
Vibration standards: See Section 94.12.12.
Violation: See Section 94.16.19.
Village: The Village of Weston, Wisconsin.
Village Board: The Board of Trustees of the Village.
Visibility and vision clearance standards: See Section 94.12.08(12).
Waste materials standards: See Section 94.12.19.
Well field: A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
Well recharge area: The land area that contributes water to a well by infiltration or water into the subsurface and movement towards the well, regardless of the municipal or zoning jurisdiction of such land area.
Wetland: An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
Wind turbine: The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
Working days: Monday, Tuesday, Wednesday, Thursday, or Friday; excluding holidays recognized by the Village.
Yard: The land area on a lot that is unoccupied and unobstructed by a principal building from its lowest ground level to the sky, except as expressly permitted in this Chapter, but that may include other improvements like accessory structures and driveways. Figure 5.01(3) includes an illustration of the different types of yards and the definitions below describe them.
Yard, front: The yard between the side lot lines extending from the front lot line to the nearest principal building on the lot, extending to the deepest part of its front-facing building facade. For lots with frontage on more than one public street including corner lots, the yard abutting the street on which the lot is addressed shall be the front yard except where otherwise determined by the Zoning Administrator.
Yard, interior side: The yard between the front and rear yards extending from the interior side lot line to the nearest part of the nearest principal building.
Yard, rear: The yard between the side lot lines extending from the rear lot line to the nearest part of the nearest principal building on the lot, excluding the street side yard where applicable.
Yard, street side: For lots with frontage on two or more streets including corner lots, the yard between the front yard and the rear lot lines, extending from the street side lot line to (a) the nearest part of the nearest principal building on the lot where such a building is directly inside the street side lot line and (b) the minimum street side setback line in other locations.
Zero lot line structure: A structure that is built over the property line, where walls separating occupancy units follow lot lines, such as a zero-lot-line duplex or townhouse.
Zoning Administrator: The person authorized and charged by the Village with the administration of this Chapter. See Section 94.16.15.
Zoning Board of Appeals: See Section 94.16.17. Also commonly referred to as “Board of Zoning Appeals” or “Board of Appeals.” Not the same as the Village Board or Board of Trustees.
Zoning district: A designation for a portion of the community designated for certain types of land uses and/or with certain standards for land development that are different than other portions.
Zoning map: See “Official Zoning Map.”