For the purposes of this [chapter] certain terms used herein are defined as set forth in this section. Words and phrases not defined in this section or elsewhere in the ordinance shall be construed by resort to the following, in order of preference: Wisconsin Statutes; Wisconsin zoning case law; other states' zoning case law; the dictionary; and common usage.

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016)

Accessory use or structure. A use or detached structure subordinate and incidental to the principal use or principle building located on the same lot or parcel.

Agricultural use. Means any of the following activities conducted for the purpose of producing an income or livelihood:

(a)

Crop or forage production.

(b)

Keeping livestock.

(c)

Beekeeping.

(d)

Nursery, sod, or Christmas tree production.

(e)

Floriculture.

(f)

Aquaculture.

(g)

Fur farming.

(h)

Forest management.

(i)

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

Agricultural accessory use. Means any of the following land uses on a farm:

(a)

A building, structure, or improvement that is an integral part of, or incidental to, an agricultural use.

(b)

An activity or business operation that is an integral part of, or incidental to, an agriculture use.

(c)

Farm residence.

(d)

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

Agriculture-related use. A facility, whether or not located on a farm, that has at least one of the following as a primary, and not merely incidental, purpose:

(a)

Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the farmland preservation zoning district.

(b)

Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the farmland preservation zoning district.

(c)

Processing agricultural by-products or wastes received directly from farms, including farms in the farmland preservation district.

Agricultural accessory structure. Means a building or buildings used in the operation of a farm.

Agricultural entertainment. A farm based activity, enterprise, or business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building and may have more than one full-time equivalent employee. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides, petting farms, on- farm tours, agricultural related museums, demonstrations of farming practices, techniques and methods, fee based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities which are related to agriculture.

Adopted village comprehensive plan. Means a village comprehensive plan adopted by both the affected village board and the Dane County Board of Supervisors under Wis. Stats. § 66.1001 and Chapter 82, Subchapter II, Dane County Ordinances.

Adult entertainment establishment. Any establishment which regularly features for monetary consideration performances or presentations which are distinguished or characterized by an emphasis on exposure to view of less than completely or opaquely covered human genitals, pubic area, anus, vulva, female breasts below a point immediately above the top of the areola; or male genitals in a discernable turgid state, even if opaquely covered; or on acts of or acts which simulate the fondling of another person's genitals, pubic region, anus, or female breasts, sexual intercourse, masturbation, flagellation, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or any sexual conduct as defined by Wis. Stats. § 944.21(2)(e).

(a)

The term "regularly features" as used in this subsection means giving special prominence at uniform, orderly intervals on a permanent basis, or always features.

Animal unit. One animal unit shall be defined as being the equivalent of one cow, four hogs, ten sheep, ten goats, 100 poultry, one horse, one pony, one mule or 100 rabbits or an equivalent combination thereof.

Apartment house. A building containing accommodations for more than two families living independently of each other.

Apartment house complex. A group of apartment houses located on a single parcel of land with certain facilities, such as driveways, parking spaces and the like, common to the buildings in the complex.

Beekeeping. Keeping of more than one hive for each 10,000 square feet of lot or parcel area.

Bed and breakfast. A private residence which has rooms set aside for overnight guests whose paid accommodations include breakfast but no other meals, as defined in Wis. Stats. § 254.61.

Boarding house. A building or premises where meals are served by pre-arrangement for definite periods of time for compensation for five or more persons, but not exceeding 20 persons, not open to transients, in contradiction to hotels and restaurants open to transients.

Boathouse. A building for the storage of boats, canoes and other water craft and their accessories.

Boat slip. Means a mooring accommodation for the in-water storage of a boat or other water craft which is owned by other than a resident or owner of the premises.

Building. Any structure having a roof supported by posts, columns or walls and its appendages including, but not limited to, balconies, porches, decks, stoops, fireplaces and chimneys. Also included for permit and locational purposes, but not building square footage limits, are swimming pools, both above and below ground, permanent hunting blinds with a foundation, and towers, including communication towers. Not included within the definition, for permit purposes or otherwise, are poles, towers and posts for lines carrying telephone messages or electricity, and structures of open construction and without walls, such pergolas, arbors, swing sets, slides, yard gyms, climbers, sand boxes and teeter totters.

Building footprint. The entire area of ground covered by a structure, expressed in square feet, including appurtenances such as, but not limited to, balconies, porches, decks, stoops, fireplaces, and chimneys.

Building height. The vertical distance, measured from the mean elevation of the finished grade along the front of the building to the highest point on the roof. The front of the building shall be the side directly facing the public or private thoroughfare which affords primary means of access to the property, excluding the driveway.

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

Building setback line. Is a line that is parallel to the front or street lot line and is located at a distance from either the center line of the adjacent highway or the front lot line as provided for in section 52-21 of this [chapter]. For triangular or gored lots that do not have the required lot width at the required building setback line, the building setback line shall be a line that is parallel to the front lot line or if the front lot line is a curve it shall be parallel to the chord of the arc of the curve of the front lot line and located at the point on the lot where the length of the line meets the lot width requirements of the zoning district in which it is located. (See also lot width.)

Campground. A parcel or tract of land, maintained, intended or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of trailers, tents, buses, automobiles or sleeping bags, and may include buildings to provide services to the patrons such as restrooms, bathing, laundry and commissary facilities. A primitive campground shall be any area or site designated for camping purposes which is accessible only by hiking, boating or canoeing.

Cemetery. Shall include, but not be limited to, cemeteries, mausoleums, columbaries and burial chapels. Shall be subject to Wis. Stats. § 157.06.

Clear area. Means an area adjacent to and completely surrounding each and every physical structure comprising part or all of an historic site. No building or structure of any kind, whether or not a permit therefor is required under this [chapter], shall be erected in the clear area and no obstacle of any kind, whether attached to an allowed structure or not, shall be placed in the airspace above the clear area, and no soil disturbance shall occur in the clear area.

Clinic. An office or building in which dental, veterinary, medical or paramedical services is provided on an outpatient basis. Such services as laboratory, X-ray and first aid services may be provided.

Club. An association for some common purpose, but not including a group organized for or which is actually engaged in rendering a service which is customarily carried on as a business.

Colony house. A building for the breeding and raising of experimental and laboratory animals, such as white mice and rats, guinea pigs and the like, and for the storage of feed and accessory materials.

Committee. The zoning and natural resources committee of the Dane County Board of Supervisors or any other committee of the Dane County Board of Supervisors designated to act as the county zoning agency and delegated the responsibility for zoning matters under Wis. Stats. § 59.69, 59.692, 87.30 and 144.26,

Communication tower. Any structure, whether free-standing or attached to an existing building or structure, other than a building or structure which is both owned by the village in which located and dedicated to a governmental use or a structure that is both owned by the County of Dane and used as a warning siren site, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

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

Condominium. Individual ownership of a structure or a unit in a multi-unit structure located on a commonly held parcel of land organized under Wis. Stats. ch. 703. Buildings in a condominium shall meet the density and locational requirements of the zoning district in which they are located.

Construction equipment. Shall include, but not be limited to, tractors, both wheeled and crawler types, graders, end loaders, scrapers, bulldozers, cranes, back hoes, drag lines, trucks, including dump, stake body or semi-trailer lo-boys of more than two and one-half ton capacity, "cherry picker" vehicles and air compressors. Any of the aforementioned equipment that is used in connection with a farm operation and is not leased or contracted for use on any other property shall not be considered construction equipment.

Contiguous. Lots or parcels shall be considered as contiguous for the purpose of this ordinance if they share a common boundary for a distance of at least 66 feet.

Day care centers. A place or home which provides care for four or more children under the age of seven years for less than 24 hours a day and is licensed as provided for in Wis. Stats. § 48.65.

Dependency living arrangement. Means a physical arrangement of a dwelling unit in such a fashion that separate living spaces are created within a dwelling unit for the sole purpose of allowing a dependent person to live in the secondary living area while the owner and his or her family reside in the principle living area. The secondary living area may contain a bath and limited kitchen facilities which permit a degree of independence.

Dependent. As it pertains to dependency living arrangements, is an individual who requires some assistance in the activities of daily living such as eating, dressing, bathing or ambulation.

Development. Means any activity requiring a zoning permit or certificate of compliance, including earth-disturbing activities that will lead to the installation of footings, piers, posts, pilings or foundations, as described in subsection 52-101(11).

Development plan. Means a scale drawing of the premises which accurately depicts the shape and dimensions of the lot or parcel, the location and dimensions of all existing and proposed buildings and other structures; the location and dimensions of all parking areas, loading areas, circulation areas, and access drives; the distance in feet between all structures, and between all structures and parking areas, abutting streets and highway rights-of-way or easements and side and rear lot lines; together with such other information as the Planning and Zoning Specialist deems necessary.

Development right. Means a potential new residential building site available under the policies of an adopted village and county comprehensive plan, subject to the standards of this [chapter] and ch. 11, 17 and 75. For purposes of participating in a transfer of development rights program, a development right exists on a particular property if adopted village and county comprehensive plans would support a rezone petition to allow residential development on the property under subsection 52-100(2) of this [chapter] and Wis. Stats. § 59.69 and 91.48.

Domestic fowl. Domestic fowl includes female chickens, ducks, and quail. Geese, turkeys, and pea fowl are not considered domestic fowl for the purposes of this ordinance.

Drive-in establishment. Means an establishment which accommodates motor vehicles from which the occupants may obtain or receive a service or product which may be used or consumed in the vehicle on the same premises or an establishment which accommodates motor vehicles for the purpose of fueling or providing minor motor vehicle services. All such establishments shall operate pursuant to a conditional use permit secured from the committee.

Dwelling.

(a)

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

(b)

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

(c)

Duplex family dwelling. A building on a single lot containing two dwelling units designed to be occupied by two families living independently of each other.

(d)

Zero-lot line duplex family dwelling. A building containing two dwelling units designed to be occupied by two families living independently of each other where each dwelling unit is located o a lot with a common lot line with the other lot.

Explosive materials. Mean explosives, blasting agents and detonators. The term includes, but is not limited to, dynamite and other high explosives, slurries, emulsions, water gels, blasting agents, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. Exempted from this definition are those explosive materials set forth in Comm 7.02(2), Wis. Admin. Code.

Extended care facilities. A nursing home which is certified by the State of Wisconsin under the Federal Social Security Act to care for patients under the Medicare Program.

Family. Any number of individuals related by blood or marriage, or not to exceed five persons not so related, living together on the premises as a single housekeeping unit, including any domestic servants.

Farm. Means all land under common ownership that is primarily devoted to agricultural use.

Farm operator. A person who, or a family at least one member of which, earns substantial farm income, as defined in section 52-11, from farm operations on the farm.

Farm residence. Any of the following structures that is located on a farm:

(a)

A single-family residence that is occupied by any of the following:

(1)

A person who is both the owner and farm operator of the farm.

(2)

A parent or child of the owner and farm operator of the farm.

(3)

An individual who earns more than 50 percent of his or her gross income from the farm.

(b)

A migrant labor camp that is certified under Wis. Stats. § 103.92.

Governmental uses. Shall include, but not be limited to, parks, playgrounds, hospitals, police and fire stations, solid waste disposal sites and recreational areas. For purposes of this ordinance, a school is not a governmental use. Installation of communications equipment on a building or structure which is both owned by the village in which located and dedicated to a governmental use or on a structure that is both owned by the County of Dane and used as a warning siren site, is included within this definition.

Gross floor area. The aggregate area of all horizontal levels of a building, expressed in square feet, not including any horizontal level where the average floor to ceiling height is less than six feet. When used as a basis of measurement for off-street parking and loading spaces for any use, gross floor area shall be the sum of the areas of the several floors of the buildings devoted to such use, including all areas devoted to restrooms, storage, utilities and circulation.

Gross income. Means Wisconsin adjusted gross income as defined in Wis. Stats. § 71.01(13), 1989-90.

Gross vehicle weight. Means the weight of any truck or road tractor and its semi-trailer plus the load that the vehicle is rated to haul.

Historic site. Means any burial site designated as an historic site by the county board of supervisors. A burial site has the definition set forth in Wis. Stats. § 157.70(1)(b), 1987. Any action of the county board designating an historic site shall constitute a zoning map change and shall be subject to village approval and the protest rights of landowners under Wis. Stats. § 59.69. No person shall enter any property to survey the land for historic sites without the written permission of the property owner.

Home occupation. A home occupation is any occupation carried on by a member of the immediate family residing on the premises, which meets all of the following conditions:

(a)

That the occupation is conducted within a dwelling and not in an accessory structure;

(b)

That only members of the immediate family residing on the premises may be employed on the premises, plus a maximum of one other unrelated person;

(c)

That no stock-in-trade is kept or commodities sold, other than those made on the premises;

(d)

That samples may be kept but not sold on the premises;

(e)

That no mechanical equipment is used except such as may be used for purely domestic or household purposes;

(f)

That such occupation shall not require internal or external alterations, or involve construction features not customary in a dwelling;

(g)

That not more that 25 percent of the floor area of one story of the dwelling is devoted to such home occupation;

(h)

That the entrance to the space devoted to such occupation is from within the building;

(i)

That there is no evidence, other than the sign referred to in subsection (j) below, that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; and

(j)

That one sign shall be permitted, which sign shall be attached to the building, shall not exceed two square feet in area and shall not be lighted at night.

Hospital. An institution providing health services, primarily for in-patients, and medical and surgical care of the sick and injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Hotel. A building in which board and lodging are provided to the transient public for compensation.

Incidental indoor maintenance. Maintenance and repair of equipment and vehicles owned and operated by a principal business on the premises, and not as a service to others. All maintenance activities must take place within an enclosed building.

Indoor storage. Uses that are primarily oriented to the receiving, holding and shipping of materials for a single business. Such uses are not for retail sales, storage of personal belongings of others, or warehousing of materials for others. With the exception of loading facilities, such uses are contained entirely within an enclosed building.

Junk. Garbage, waste, refuse, trash, any used motor vehicle upon which no current license plate is displayed, any inoperable motor vehicle, any used tire or used motor vehicle part, and any scrap material such as metal, paper, rags, cans or bottles.

Kennel, commercial. Any premises, or portion thereof, where the caring, boarding, breeding, or training of four or more dogs that are more than five months of age is conducted for compensation.

Kennel, hobby. Any premises, or portion thereof, where the caring, showing, or training of four or more dogs that are more than five months of age is conducted for the personal enjoyment of the person owning the dogs and occupying the premises. A rescue is deemed a hobby kennel.

Land disturbing activity. Means any alteration or disturbance that may result in soil erosion, sedimentation or change in runoff including, but not limited to, removal of ground cover, grading, excavating or filling of land.

Light industrial. The processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from previously processed or previously manufactured materials. All operations (with the exception of loading operations):

(a)

Are conducted entirely within an enclosed building;

(b)

Are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line;

(c)

Do not pose a significant safety hazard (such as danger of explosion); and

(d)

Include no retail sales.

Limited family business. A small family-run commercial operation, accessory to a permitted principle use that takes place entirely within an accessory structure. All employees, except one or one full-time equivalent, must be a member of the family residing on the premises. Limited Family Businesses must comply with all requirements of section 52-28.

Limited rural business. A Limited Rural Business may include any use permitted in the A-B, B-1, C-1 or C-2 zoning districts if it is located exclusively in building(s) in existence prior to April 30, 2005, maintains, restores or enhances the existing exterior character of the building(s), employs no more than four non-family employees, and does not conflict with the overall purposes of the district within which the Limited Rural Business is proposed. "Family" has the meaning set forth in section 52-11.

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

(a)

For purposes of this ordinance, 100 or more rabbits shall be considered livestock and subject to the regulations pertaining to the keeping of livestock.

(b)

For purposes of this ordinance, domestic fowl in single family residential yards under section 52-29 shall not be considered livestock and shall not be subject to regulations pertaining to the keeping of livestock.

Location survey. Refers to survey information prepared by a licensed surveyor indicating the location of property lines and building location distances from those property lines for the specific portions of the building indicated in this ordinance. Such surveys are not required to provide all the parcel information set forth by ch. A-E 7.02, Wis. Admin. Code, Minimum Standards for Property Surveys item A-E 7.01(2) but may exclude unnecessary information as permitted in A-E 7.01(2) and provide only the information required by the zoning ordinance but such information must comply with the accuracy standard required by A-E 7.06 Measurements.

Lodging house. A building in which lodging accommodations are provided by previous arrangements for definite periods of time to four or more but not to exceed 12 individuals not members of the owner's family.

Lot. A parcel of land occupied or intended to be occupied by one building and its accessory structure and uses, except as otherwise provided herein. A lot may be a parcel designated in a plat or described in a conveyance recorded in the office of the register of deeds. No land included in any street, highway or railroad right-of-way shall be included when computing area.

Lot depth. The lot depth is the mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

Lot width. The distance between the side lot lines measured along a line that is parallel to the front lot line at the required building setback line. On triangular or gored lots the lot width shall be measured along a line that is parallel to the chord of the arc of the front lot line at the required building setback line, the lot width at this point shall be a minimum of that required by the zoning district in which the lot is located. (See also building setback line.)

Lot zoning. A parcel of land under single ownership occupied or intended to be occupied by one main building, and buildings and uses customarily accessory or incidental thereto, including such open spaces as are provided or are intended to be used in connection therewith or are required by the ordinance. A zoning lot may or may not coincide with a lot of record.

Majority. Means more than one half of the pertinent total.

Marina. Means a shoreside facility that provides accommodation and service for boating and may include, but is not limited to, docks; boat slips; inside or outside storage of boats, boat trailers, storage cradles and other related marina items; sale of boats, boating equipment, fuel and supplies. Docks or boat slips by themselves do not constitute a marina use.

Mineral extraction. Quarrying or excavation of sand, gravel, limestone, earth, soil or other mineral resources. This definition includes (when done in connection with mineral extraction) accessory uses such as washing, crushing and other processing of the materials, stockpiling and processing concrete and asphalt pavements for the purpose of recycling for reuse in asphalt or concrete mixtures or base course products, the erection of structures and the installation or storage, or both, of the necessary machinery and equipment used in the mineral extraction operation. Production of asphalt or concrete is not to be considered part of a mineral extraction operation.

(a)

The following uses are not part of a mineral extraction operation: site preparation for residential or commercial plats, construction or landscaping projects, soil conservation practices, stream, lake or shoreline protection, agricultural land leveling projects if materials are not removed from the property and similar uses.

Mini-warehouse. A storage building comprised of separate compartments each of which is intended for separate rental and each of which has its own separate access.

Mobile home park. Any plot or plots of ground upon which two or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for an accommodation. Is subject to the requirements of Wis. Stats. § 66.058.

Motel. A building containing sleeping rooms for the temporary accommodation of tourists and not for permanent occupancy except by the owner or resident operator.

Motor vehicle. Cars, trucks, buses, semi-tractors and semi-trailers which may be used to transport goods, materials, freight or passengers.

Native wildlife rehabilitator. A person who has permits from the United States Department of Interior, Fish and Wildlife Service and/or the Wisconsin Department of Natural Resources to rehabilitate injured or sick native wildlife as defined in the Wisconsin Administrative Code.

Nonconforming use. A lawful use that existed prior to adoption of an ordinance which restricts or prohibits said use.

Notice document. A recorded instrument to notify future landowners and others of unusual features, policies, regulations or other characteristics that may affect future development potential or other speculative use of a specific property. All notice document instruments must meet the minimum recording standards of the Dane County Register of Deeds.

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

Occupiable floor area. When used as a basis of measurement for off-street parking spaces for any use, shall be the sum of the areas of the several floors of the buildings designed or intended to be used for service to the public as customers, patrons, clients, patients or members, including those areas occupied by fixtures and equipment used for the sale of merchandise, or in the case of office use those areas occupied or used by employees. Occupiable floor area shall not include areas used principally for non-public purposes such as restrooms, locker rooms, storage, utilities and areas behind counters.

Office. An exclusive indoor land use whose primary function is the handling of information or administrative services. Such uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

Outdoor storage. Outdoor storage is primarily oriented to the receiving, holding and shipping of materials for a single business. Such a use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage use. Such uses do not include junk or other materials typically associated with a junkyard, salvage recycling center or solid waste recycling center, as defined in this ordinance.

Park, amusement. An area, publicly or privately owned, containing amusement and recreational facilities and devices, whether operated for profit or not.

Park, public. An area owned by the county or a municipality within the county, operated for the convenience and recreation of the public, and containing such facilities as the owning municipality shall see fit.

Person. Except where otherwise indicated by the context, the word person shall include the plural, or a company, firm, corporation or partnership.

Planned unit development. A form of land development permitted after following the procedures for creating a planned unit development district as provided in section 52-77. The planned unit development district is designed to allow variation in the types and arrangements of land uses and structures in developments conceived and implemented as cohesive, unified projects. Each planned unit development district shall be either a rural planned unit development district or an urban planned unit development district.

Pleasure horses. All horses and ponies which are kept or raised for personal use by the owner(s) of or persons residing on the property or their guests. The term does not include horses or ponies kept or raised for commercial breeding purposes, held for sale as beasts of burden or draft animals, boarded for a fee, or offered to the public for riding purposes upon payment of a fee.

Principal use or building. The primary or predominant use or building on a lot or parcel.

Professional office. A building in which is provided space for professional offices such as those of doctors, practitioners, dentists, real estate brokers, engineers, lawyers, authors, architects, musicians and other recognized professional occupations.

Race event or rally. Means a gathering of more than three people for the purpose of repetitive vehicular activity over a fixed course or area, which persists for periods in excess of 30 minutes in any one 24-hour period.

Racing vehicle. A motor vehicle of a type used for racing or participation in a race event or rally. Such vehicles may not normally be legally operated on the public highways.

Recorded. Means recorded with the Dane County Register of Deeds.

Recreational equipment. Shall include boats, canoes, snowmobiles or camping and luggage carrying trailers intended to be towed by an automobile or truck or a camper unit to be mounted on a truck. Any motor driven camper or motor home shall be considered as recreational equipment.

Refuse. Refuse means combustible and noncombustible rubbish including, but not limited to, paper, wood, metal, glass, cloth and products thereof, litter and street rubbish, ashes and lumber, concrete and other debris resulting from the construction or demolition of structures.

Religious uses. Shall include, but not be limited to, churches, convents and monasteries. For purposes of this ordinance, a school is not a religious use.

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

Roadside stand. A structure having a ground area of not over 200 square feet, not permanent by being attached to the ground, readily removable in its entirety and to be used solely for the sale of farm and garden products produced on the premises. Such structures may be located within the setback lines of roads but shall not interfere with visibility along the highway.

Rooming house. Same as lodging house.

Salvage recycling center. A salvage recycling center is an area where waste or scrap materials are bought, sold, exchanged, stored, recycled, baled, packed, disassembled or handled, including, but not limited to, motor vehicles, farm equipment, scrap iron and other metals, paper, rags, rubber tires and bottles. A salvage recycling center includes a motor vehicle wrecking or dismantling yard, but does not include a solid waste recycling center as defined in section 52-11.

Sanitary fixture. Any plumbing fixture that requires discharge to a private onsite wastewater treatment system or public sanitary sewer system pursuant to state or county plumbing code.

Sanitary landfill. Sanitary landfill is a type of land disposal operation involving the disposal of solid waste on land.

Schools. Means any private, public or religious school but does not include either truck driving schools or construction equipment operator schools unless expressly stated otherwise in this ordinance.

Setback. The minimum horizontal distance from the front line or from the center of the highway, measured parallel to the highway or front lot line, to the front of the building.

Slaughterhouse. Any building or premises used commercially for the killing or dressing of cattle, sheep, swine, goats or horses, for human consumption and the storage, freezing and curing of meat and the preparation of meat products.

Small scale electric generating station. Electric generating equipment and associated facilities designed for nominal operation at a capacity of 100 megawatts or less, not requiring approval of the state Public Service Commission under Wis. Stats. § 196.491. Equipment and structures, not including towers, for the purposes of creating electricity to be used primarily on the property are not considered small scale electric generating stations.

Solid waste. Solid waste means garbage, refuse and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial, operations and other domestic use and public service activities, but does not include solids or dissolved material in waste water effluents or other common water pollutants.

Solid waste disposal operation. A solid waste disposal operation is the operation or maintenance of a solid waste disposal site or facility for the collection, storage, utilization, processing or final disposal of solid waste, including, but not limited to, land disposal, incinerator, transfer, air curtain destruction, composting reduction, shredding, compression, processing and salvage. In-house re-use of the imperfect finished products to make a merchantable finished product is not a solid waste disposal operation.

Solid waste recycling center. A solid waste recycling center is a solid waste disposal operation at which temporary storage and processes such as baling of paper, grinding of glass and flattening of cans, are conducted on segregated solid waste to facilitate reuse of the segregated solid waste as raw material. Also see salvage yard, section 52-30.

Stormwater runoff. Means the waters derived from rains falling or snowmelt or ice melt occurring within the drainage area, flowing over the surface of the ground and collected in channels, watercourses or conduits.

Story. The vertical distance of a building included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling, provided that a basement shall not be considered a story.

Story, half. A story under a gable, hip or mansard roof, the wall plates of which on at least two sides are not more than two feet above the floor of that story.

Street. A public or private thoroughfare which affords primary means of access to abutting property is a street to that property for the purposes of this ordinance, except driveways to buildings.

Street line. The dividing line between the street and the lot.

Structure. Means any manmade object with forms, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.

Structural alteration. Any change in the dimensions of a structure or in the interior layout or floor plan of a structure.

Substandard lot. Means a lot the dimensions of which, although fully conforming when created, are now, in whole or in part, less than existing requirements for the zoning district in which located.

Substantial farm income. Means that a minimum of $10,400.00 gross farm income/year for the past three years is currently derived from the farming operation on the farm where the residential use is proposed. Rental income may not be used to meet the income requirement.

Tavern. A building or part of a building open to the public, where fermented malt beverages and/or intoxicating liquors are sold at retail for consumption on the premises. The following shall not be considered a tavern: a restaurant where such beverages are sold only at tables and only in conjunction with meals; a club not open to the public where such beverages are sold in conjunction with the operation of the club; premises where malt beverages are sold by established organizations in conjunction with the operation of a picnic, fair or other amusement enterprise.

Terminal, bus. A building or facility where passengers may board or leave intercity buses, also facilities for baggage handling, bus package services and ticket sales.

Terminal, truck. Buildings or land which is used for the storage or distribution of freight or goods by a common carrier.

Temporary or portable building. A building or structure that is not attached to the ground by anchors, bolts, footings, foundation piers, pilings, posts or other means of attaching permanently to the ground.

Topography. Means the configuration of the ground surface and relations among human-made and natural features that may determine ground slope and direction of runoff flow.

Transfer of development rights (TDR). Means the conveyance of development rights, as defined herein, by TDR agricultural conservation easement from one parcel of land to another and the recording of that conveyance with the Dane County Register of Deeds and other land records of Dane County. Any individual transfer of development rights transaction may, at the discretion of the parties involved, also include the conveyance of additional rights not enumerated in this [chapter].

TDR agricultural conservation easement. Means a holder's non-possessory interest in real property imposing any limitation or affirmative obligation, the purpose of which may include any or all of the following: retaining or protecting natural, scenic or open space values of real property; assuring the availability of real property for agricultural, forest, recreational or open space use; protecting natural resources; maintaining or enhancing air or water quality; preserving a burial site, as defined in Wis. Stats. § 157.70(1)(b); or, preserving the historical, architectural, archaeological or cultural aspects of real property. TDR agricultural conservation easements need not include any requirements for public access or restrictions on agricultural or forestry practices.

Use, conditional. A conditional use is a use which may be desirable to a particular landowner, but which is not allowed as a matter of right within a zoning district such as a permitted use is. A conditional use is not inherently inconsistent with the use classification of a particular zone, but may well create special problems or hazards if allowed to develop and locate as a matter of right in a particular zone. (See State ex rel. Skelly Oil Co. v. Common Council, City of Delafield, 58 Wis. 2d 695, 700-701, 2017 N.W.2d 585 (1973).) Approval of a conditional use in a particular zone requires a public hearing process.

Use, permitted. A permitted use is a use which may be lawfully established in a particular district or districts, provided it conforms to all requirements and regulations of such district in which such use is located.

Use, principal. A principal use is the main use of land or buildings as distinguished from a subordinate or accessory use.

Utility services. Transmission and distribution lines both above and below ground which carry electricity, petroleum products, natural or manufactured gas, water, sewer or telephone messages. Included are buildings and structures necessary to operate transmission and distribution lines such as substations, transformer installations, repeater stations, pumping stations and water towers, but not including offices, garages, manually operated exchanges, terminal distribution facilities, electric generating plants and sewage disposal plants. Installation of privately owned and operated communications equipment on a water tower which is owned by the village in which located is included within this definition, provided that the installation of this equipment does not compromise the structural integrity of the water tower. A zoning permit will not be issued for the installation of this equipment by the Dane County Planning and Development Department without provision of a structural analysis stamped by a professional engineer (P.E.) and a P.E.'s written statement that the affected tower is structurally capable of accommodating the equipment.

Urban service area. Areas identified and mapped by the Capitol Area Regional Planning Commission, or successor agency, designated by the State of Wisconsin in accordance with the federal Clean Water Act, that are planned for urban development and capable of being provided with a full range of services.

Vision clearance triangle. The area to be kept clear of visual obstruction at the intersection of two streets or highways on corner lots, or the intersection of a driveway and a street or highway on any lot.

Wind energy system. Wind Energy System has the meaning given in Wis. Stats. § 66.0403(1)(m).

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

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

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

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

(Ord. No. 2016-27, § 1(Att. A), 11-1-2016; Ord. No. 2017-23, § 1(Exh. A), 7-18-2017, eff. 8-4-2017; Ord. No. 2021-20, § 3(Exh. C), 11-4-2021; Ord. No. 2022-04, § 1(Exh. A), 2-3-2022; Ord. No. 2025-11, § 1(Exh. A), 6-19-2025)