For the purposes of this title, the definitions set out in this chapter shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and directory.

(Ord. No. 1914A, 2-18-2016)

"A zones" means areas of potential flooding shown on the "flood insurance rate map" or "flood hazard boundary map" which would be inundated by the regional flood as defined in this title. These zones may be numbered as A0, A1 to A99, or be unnumbered A zones. The A zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

(Ord. No. 1914A, 2-18-2016)

"Accessory use or structure" means a use or detached structure subordinate to the principal use of structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use of the principal structure.

(Ord. No. 1914A, 2-18-2016)

A.

"Adult-oriented establishments" shall include the following:

1.

"Adult bath house" means an establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the state of Wisconsin and which establishment provides to its customers an opportunity for engaging in specified sexual activities as defined in this section.

2.

"Adult body painting studio" means an establishment or business wherein customers are afforded an opportunity to paint images on a body which is wholly or partially nude.

3.

"Adult bookstore" means an establishment having as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein. The term includes an establishment having as its stock in trade, for sale, rent, trade, lease, inspection or viewing, books, films, video cassettes, compact discs, digital video discs, computers or computer programs in any format, motion pictures, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, and in conjunction therewith have facilities for the presentation of adult entertainment, including adult-oriented videotapes, films, motion pictures or other offered entertainment for observation by customers therein. The term includes a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration, instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

4.

"Adult cabaret" means a nightclub, dance hall, bar, restaurant, or similar commercial establishment that regularly features:

a.

Persons who appear in a state of nudity or semi-nudity; or

b.

Live performances that are characterized by sexual activities; or

c.

Films, motion pictures, videocassettes, slides, or other photographic or computer reproductions or depictions that are characterized by the depiction or description of sexual activities or nudity.

5.

"Adult entertainment" means any exhibition of any motion pictures, live performance, display or dance of any type, wherein a significant or substantial portion of such performance is distinguished or characterized by an emphasis on any actual or simulated performance of specified sexual activities, the exhibition and viewing of specified anatomical areas, or the removal of articles of clothing to reveal specified anatomical areas.

6.

"Adult mini-motion picture theater" means an enclosed building with a capacity for less than fifty customers, including establishments that have coin-operated video or motion picture booths, used for presenting material distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined herein for observation by customers therein.

7.

"Adult motel" means a hotel, motel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides customers with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

b.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

8.

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by customers therein.

9.

"Adult motion picture theater (outdoor)" means a parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas for observation by customers.

10.

"Adult novelty shop" means an establishment or business having as a substantial or significant portion of its stock and trade in novelty or similar items which are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas or for simulation of the foregoing.

11.

"Miscellaneous adult-oriented establishment" means an establishment which includes, but is not limited to, adult bookstores, adult motion picture theaters, outdoor adult motion picture theaters, adult mini-motion picture theaters, adult theaters, adult bath houses, adult body painting studios, adult motels, adult novelty shops or adult cabarets, sexual encounter centers, escort agencies, establishments featuring live sexually explicit performances, and any premises to which public customers or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purposes of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a customer or a member, whether or not such adult entertainment is held, conducted, operated or maintained for profit, direct or indirect. An adult-oriented establishment further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

B.

"Adult-oriented establishment" shall not include:

1.

Theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic, social or political merit are offered on a regular basis; and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers; and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or semi-nude performances; or

2.

Any public or private school, as defined in Wisconsin Statutes Chapter 115, when instructing pupils as part of its curriculum.

(Ord. No. 1914A, 2-18-2016)

"Alley" means a special public right-of-way affording only secondary access to abutting properties.

(Ord. No. 1914A, 2-18-2016)

"Alternative support structure" means a water tower, silo, utility pole, light pole, smokestack, electrical transmission tower, building or other similar structure of at least fifty feet in height, and used as a structural base, stand, pedestal, or physical support for one or more wireless telecommunications facilities.

(Ord. No. 1914A, 2-18-2016)

"Apartment-style building" means a building containing three or more attached dwelling units with a majority of the units having primary access from a common entranceway or hallway. Units may be attached either vertically or horizontally.

(Ord. No. 1914A, 2-18-2016)

"Arterial street" means a public street or highway used or intended to be used primarily for fast or heavy through traffic. For the purpose of this title, arterial streets shall include all county, state and federal highways.

(Ord. No. 1914A, 2-18-2016)

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year, as published by the Federal Emergency Management Agency (FEMA) as part of a flood insurance study (FIS) and depicted on a flood insurance rate map (FIRM).

(Ord. No. 1914A, 2-18-2016)

"Basement" means that portion of any structure located partly below the average lot grade, which if occupied for living purposes shall be counted as a story for purpose of height measurement.

(Ord. No. 1914A, 2-18-2016)

"Bed and breakfast establishment" means a place of temporary lodging that provides eight or fewer sleeping rooms for paying lodgers, allows a maximum individual lodger stay of one month, provides meals only to paying lodgers, also serves as the principal residence for the operator/owner (who shall live on the premises at all times when the establishment is active), and meets all requirements of DHS 197 of the Wisconsin Administrative Code. Does not include "tourist homes," "lodginghouses," or "group lodging houses" defined elsewhere in this chapter.

(Ord. No. 1914A, 2-18-2016)

For the purpose of defining the number of occupiable bedrooms in a residential unit, a "bedroom" shall:

A.

Meet all applicable building codes.

B.

Be at least one hundred net square feet for a one-person bedroom or one hundred twenty-five net square feet for a two-person bedroom.

C.

Contain a closet not included in the net square feet.

D.

When added as part of a new remodeling or addition, be consistent with the function and appearance of the interior of the residential unit.

(Ord. No. 1914A, 2-18-2016)

A "block" means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

(Ord. No. 1914A, 2-18-2016)

"Building" means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

(Ord. No. 1914A, 2-18-2016)

"Accessory building" means a building or portion of building used for a purpose customarily incident to the permitted principal use of the lot, and located on the same lot as the principal use.

(Ord. No. 1914A, 2-18-2016)

"Building area" means the total living area bounded by the exterior walls of a building at the floor levels, but not including basement, garages, porches, breezeways and unfinished attics.

(Ord. No. 1914A, 2-18-2016)

"Building height" means the vertical distance measured from the main elevation of the finished lot grade along the street yard face of the structure to the mid-point between the eave and highest point of the roof, not including ornamental features or architectural projections.

(Ord. No. 1914A, 2-18-2016)

"Principal building" means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

(Ord. No. 1914A, 2-18-2016)

"Building scale" means the relationship between the mass of a building and its surroundings, including streets, open spaces, and surrounding buildings. Mass is the three-dimensional bulk of a structure: height, width, and depth.

(Ord. No. 1914A, 2-18-2016)

"Bulkhead line" means a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department of Natural Resources pursuant to Wisconsin Statutes 30.11, and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions of this title.

(Ord. No. 1914A, 2-18-2016)

"Campground" means any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

(Ord. No. 1914A, 2-18-2016)

"Camping unit" means any portable device, no more than four hundred square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent, or other mobile recreational vehicle.

(Ord. No. 1914A, 2-18-2016)

"Certificate of compliance" means a certification that the construction and the use of land or a building, the elevation of fill, or the lowest floor of a structure is in compliance with all of the floodplain provisions of this title.

(Ord. No. 1914A, 2-18-2016)

References in this title to Class 1 and Class 2 notices refer to Wisconsin Statutes Chapter 985.

(Ord. No. 1914A, 2-18-2016)

"Channel" means the floodlands normally occupied by a stream of water under average annual high-water flow conditions while confined within general well-established banks.

(Ord. No. 1914A, 2-18-2016)

"Co-location" means the clustering of multiple antennas, dishes or similar telecommunications facilities or devices operated by different service providers but located on a single, freestanding wireless telecommunications facility or alternative support structure.

(Ord. No. 1914A, 2-18-2016)

"Commercial use" means and refers to activity carried out for pecuniary gain.

(Ord. No. 1914A, 2-18-2016)

"Commonly owned open space" means publicly or privately owned undeveloped open space intended for aesthetic, recreational or other conservation purpose, to be used by the owners or residents of a particular development or the public in general.

(Ord. No. 1914A, 2-18-2016)

"Community living arrangements" means a group lodging facility licensed or operated or permitted under the authority of the Wisconsin Department of Health Services (see Wisconsin Statutes 46.03(22)) where three or more unrelated persons reside, and in which care, treatment or services above the level of room and board but less than skilled nursing care is provided to persons residing in the facility. Such care, treatment or services are provided as a major function of the facility. Child care facilities, nursing homes, hospitals, prisons, jails, foster family homes which are the primary domiciles of a foster parent and four or fewer children are not "community living arrangements" for purposes of this title.

(Ord. No. 1914A, 2-18-2016)

"Comprehensive (master) plan" means the plan for the physical development of the city, also called a master plan or comprehensive plan, adopted by the city pursuant to Wisconsin Statutes 62.23 and/or 66.1001, including proposals for future land use, transportation, urban redevelopment and public facilities.

(Ord. No. 1914A, 2-18-2016)

"Conditional uses" means uses of a special nature as to make impractical their complete predetermination as a use in a district.

(Ord. No. 1914A, 2-18-2016)

"Crawlways or crawlspace" means an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

(Ord. No. 1914A, 2-18-2016)

"Day care center, adult" means a facility operated for the purpose of providing care, protection, and guidance to adults during normal business hours and with no overnight facilities.

(Ord. No. 1914A, 2-18-2016)

"Day care center, child" means a state licensed facility where a person or persons, other than a relative or legal guardian, provides paid care and supervision for four or more children under seven years of age, for less than twenty-four hours a day.

(Ord. No. 1914A, 2-18-2016)

"Deck" means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.

(Ord. No. 1914A, 2-18-2016)

"Development" means any manmade change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, other structures, or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations, or deposition of materials.

(Ord. No. 1914A, 2-18-2016)

"Basic district" means a part or parts of the city for which the regulations of this chapter governing the use and location of land and buildings are uniform.

(Ord. No. 1914A, 2-18-2016)

"Drive-in establishment" means a building and the lot on which it is situated, or a portion thereof which is used for off-street quick-service business purposes catering primarily to automobile trade wherein the customer is served directly at the automobile or the automobile is parked temporarily and the customer is served from a counter or pass-through window. Drive-in food service establishments may contain very limited seating accommodations for walk-up customers.

(Ord. No. 1914A, 2-18-2016)

An improved access which is used primarily to connect off-street parking spaces to the public right-of-way. All areas intended to be utilized as driveways and parking areas shall be surfaced with asphalt or concrete to control dust and drainage. The use of bricks, gravel or pavers will require a permit. Plans for surfacing and drainage of driveways shall be submitted to the city for review and approval.

(Ord. No. 1914A, 2-18-2016)

"Dryland access" means a vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough to accommodate wheeled vehicles.

(Ord. No. 1914A, 2-18-2016)

"Dwelling" means a building or part of a building, containing one or more dwelling units and also containing other directly associated elements such as hallways, storage areas or common laundry facilities. For purposes of this title, the term "dwelling" does not include group lodging facilities.

(Ord. No. 1914A, 2-18-2016)

"Attached dwelling" means a dwelling attached to another dwelling unit by having any portion of any roof, any wall, or any floor in common with another dwelling unit.

(Ord. No. 1914A, 2-18-2016)

"Detached dwelling" means a dwelling separated from another dwelling unit and not having any portion of any roof, any wall, or any floor in common with another dwelling unit.

(Ord. No. 1914A, 2-18-2016)

"Multiple-family dwelling" means a dwelling having three or more attached dwelling units, and includes both apartment and townhouse-style buildings.

(Ord. No. 1914A, 2-18-2016)

"Single-family dwelling" means a detached dwelling having one dwelling unit.

(Ord. No. 1914A, 2-18-2016)

"Two-family dwelling" or "duplex" means a dwelling having two attached dwelling units.

(Ord. No. 1914A, 2-18-2016)

"Dwelling unit" means an area of or within a dwelling that is designed, occupied or intended to be occupied by a family (or by a nonfamily household) as permitted by this title as a separate living quarters with private kitchen, sanitary, sleeping and living quarters within the dwelling unit. Quarters are within the dwelling unit if they are within the same contiguous area. Kitchen quarters in a dwelling must be designed and outfitted to have, at a minimum, a refrigerator, stove and range, kitchen sink and cabinet facilities.

(Ord. No. 1914A, 2-18-2016)

"Efficiency dwelling unit" means a dwelling unit within a dwelling that has two or more attached units and having not more than one habitable room in addition to kitchen and sanitary facilities.

(Ord. No. 1914A, 2-18-2016)

"Encroachment" means any fill, structure, equipment, building, use or development in the floodway.

(Ord. No. 1914A, 2-18-2016)

"Essential services" means services provided by public and private utilities, necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, television, steam, water, sanitary sewerage, stormwater drainage, and conventional, nonwireless telephonic communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catchbasins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings, wireless telecommunications facilities, or wireless telecommunications support facilities.

(Ord. No. 1914A, 2-18-2016)

"Existing manufactured home park or subdivision" means a parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before January 1, 2006. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.

(Ord. No. 1914A, 2-18-2016)

"Expansion to existing mobile/manufactured home park" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads.

(Ord. No. 1914A, 2-18-2016)

"Family" means an individual or a group of two or more individuals who are related by blood, marriage, adoption, domestic partnership, or civil union, (limited to immediate family members, grandparents, aunts, uncles, nieces, nephews, and first cousins) together with not more than two additional persons not so related (with the exception of the R-O overlay district), living as a single household in a dwelling unit. (For the purposes of this title, "family" includes "nonfamily households.")

(Ord. No. 1914A, 2-18-2016)

"Federal Emergency Management Agency" means the federal agency that administers the National Flood Insurance Program. Also referred to as FEMA.

(Ord. No. 1914A, 2-18-2016)

"Flood frequency" means the probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

(Ord. No. 1914A, 2-18-2016)

"First floor" means that floor located at ground level and having one-half or more of its windows above the lot grade at the building line.

(Ord. No. 1914A, 2-18-2016)

"Flood" means a general and temporary condition of partial or complete inundation of normally dry land caused by the overflow or rise of inland waters; or the rapid accumulation or runoff of surface waters from any source; or inundation caused by waves or currents of water exceeding cyclical levels along the shores of Lake Michigan or Lake Superior; or a sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

(Ord. No. 1914A, 2-18-2016)

"Flood insurance rate map" means a map of a community on which the Federal Insurance and Mitigation Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. Also referred to as FIRM.

(Ord. No. 1914A, 2-18-2016)

"Flood insurance study" means a technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood, provides both flood insurance rate zones and base flood elevations, and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-zones. Flood insurance rate maps, that accompany the flood insurance study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program (NFIP).

(Ord. No. 1914A, 2-18-2016)