For the purposes of this title, certain words and terms are defined as follows:
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 "building" includes the word "structure", the word "shall" is mandatory and not directory. Any words not herein defined shall be construed as defined in the state and city building codes.
ADT: Average daily traffic volume on a street.
ACCESSORY USE OR BUILDING: A use or building on the same lot with and subordinate to the main use or building, and customarily incidental thereto. An automobile trailer or other vehicle or part thereof, or other building used as a temporary or permanent dwelling or lodging place, is not an accessory use or building for the purposes of this title.
AFFORDABLE HOUSING: Housing in which mortgage, amortization, taxes, insurance, and condominium and association fees, if any, constitute no more than twenty eight percent (28%) of gross household income for a household of the size which may occupy the unit. In the case of dwelling units for rent, housing that is affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of gross annual household income for a household of the size that may occupy the unit.
AIRPORT, PUBLIC: Any airport which complies with the definitions contained in section 114.013(3), Wisconsin statutes, or any airport which serves or offers to serve common carriers engaged in air transport.
ALLEY: A public or private way less than twenty one feet (21') wide which affords only secondary vehicular access to abutting property.
ARTERIAL: A major street for carrying a large volume of through traffic in the area, normally controlled by traffic signs and signals.
AUTOMOBILE WRECKING YARD: Any premises on which more than one automotive vehicle not in running or operating condition is stored in the open.
BASEMENT: A story partly or wholly underground, which, if occupied for living purposes, shall be counted as a story for purposes of height measurements.
BLOCK: A unit of one and bounded by streets or a combination of streets and public land, railroad right of way, water mains, or any other barrier to the community of development.
BUILDING: Any structure having a roof supported by columns or walls and used, designed or intended for the protection, shelter or enclosure of persons, animals or property. When a building is divided into separate parts by unpierced walls extending from the ground up, each part shall be deemed a separate building. The word "building" includes the word "structure".
BUILDING, ACCESSORY: See definition of Accessory Use Or Building.
BUILDING, HEIGHT OF: The vertical distance from the average curb level in front of the lot or the finished grade at the front building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof. The average height of a gambrel, hip or pitch roof is the mid height between the roof eaves and the roof ridge, regardless of the shape of the roof.
BUILDING, MAIN: A building constituting the principal use of a lot.
BUILDING SCALE: The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth.
COLLECTOR: A street designed to carry moderate volumes of traffic from local streets to arterial streets or from arterial to arterial.
COMMON OPEN SPACE: Squares, greens, neighborhood parks, city parks, and linear environmental corridors owned and maintained by the city.
CONTRACTOR'S STORAGE YARD: A parcel of land used by a building contractor, electrical contractor, plumbing contractor, heating and ventilating and air conditioning (HVAC) contractor, concrete contractor, drywall contractor, painting contractor, masonry contractor, flooring contractor, steel erecting contractor, steel fabricating contractor or other construction related contractor for the purpose of on site fabrication or for the storage of supplies, equipment, inventory or materials, or components thereof, customarily used in the trade carried on by the contractor.
COURT: An open space which is bounded on two (2) or more sides by the walls of a building, unoccupied and unobstructed upward from the ground or from the intersection of such building walls with a roof, except for such projections as are permitted hereinafter.
DWELLING, MULTIPLE: A building or portion thereof designed for and occupied by more than two (2) families including tenement houses, row houses, apartment houses and apartment hotels.
DWELLING, SINGLE-FAMILY: A detached building designed for and occupied exclusively by one family. This definition shall include a manufactured home.
DWELLING, TWO-FAMILY: A detached or semidetached building designed for and occupied exclusively by two (2) families.
EXCEPTION: The use of property, including the use and location of buildings, the size of lots and the dimensions of yards, otherwise not allowable under the terms of this title, for which a special permit may be issued under conditions specified in this title.
FAMILY: One or more persons related by blood, marriage, adoption or legal guardianship, living together in one dwelling unit as a single housekeeping entity.
FITNESS CENTER: An establishment that, for profit, provides as its primary purpose services or facilities that are purported to assist patrons in physical exercise, in weight control, or in figure development, including, but not limited to, a fitness center, studio, salon or club. "Fitness center" does not include an organization solely offering training or facilities in an individual sport or a weight reduction center.
FLOOR AREA: The area within the exterior wall lines of a building; provided, that the floor area of a dwelling shall not include attics, basement or utility rooms, garage, breezeway and unenclosed porches, and other areas not furnished or usable as living quarters.
FRONTAGE: All the property abutting on one side of a street between two (2) intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead end of a street.
GARAGE, PRIVATE: An accessory building or space for the storage of motor driven vehicles.
GARAGE, PUBLIC: Any building or premises other than a private or a storage garage, where motor driven vehicles, pursuant to previous arrangements and not to transients, where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
HOME OCCUPATION: A gainful occupation, conducted by members of the family only, within their place of residence and that no stock in trade is kept or sold; that no sign other than an unlighted nameplate of not more than one square foot in area is installed and that no person other than a member of the immediate family living on the premises is employed in such occupation.
HOMELESS SHELTER FACILITY: Any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless.
HOTEL: A building in which lodging, with or without meals, is offered to transient guests for compensation in which there are more than five (5) sleeping rooms with no cooking facilities in any individual room or apartment except those occupied by the owner or manager.
JUNKYARD: Any premises on which there is an accumulation of scrap metal, paper, rags, glass, scrap lumber or other scrap materials stored or customarily stored for salvage or sale, unless such accumulation shall be housed in a completely enclosed building.
LESS RESTRICTED: The use of land or buildings permitted in a certain district is less restricted than other uses permitted in districts appearing earlier in the numerical order in which such districts are numbered in this title.
LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, and abutting on or affording direct access to a public street or alley, for the temporary parking of a commercial vehicle while loading or unloading cargo. A loading space is not a parking space for the purposes of this title.
LODGING OR ROOMING HOUSE: Any single-family residential premises (1 dwelling unit per structure) occupied by three (3) or more persons unrelated by blood or marriage to each other, or any other premises all or a portion of which is occupied by three (3) or more persons unrelated by blood or marriage to each other.
LOT: A parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory buildings, together with the open spaces required by this title and abutting on a public street or officially approved place.
LOT, AREA OF: The horizontally projected area within the lot lines, not including any areas lying within streets or alleys dedicated to the public or shown on the official map.
LOT, CORNER: A lot abutting on two (2) or more streets at their intersection, provided that the interior angle of such intersection is less than one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a "lot" as defined herein.
LOT, THROUGH: An interior lot having frontage on two (2) nonintersecting streets.
LOT, WIDTH OF: The shortest distance between the side lines of a lot, measured at the rear of the required front yard.
MANUFACTURED HOME: Shall have the meaning set forth at sections 66.0435(1)(cm) and 101.91(2), Wisconsin statutes.
MINI-STORAGE FACILITY: A storage facility consisting of no more than two hundred (200) separate and distinct units each of which shall not exceed four hundred (400) square feet in size and each of which shall be made secure by the installation of individualized locks. The facility may consist of no more than five (5) separate structures each of which shall not exceed fifteen feet (15') in height. No flammable, corrosive, or otherwise hazardous liquids, gases, or solids shall be permitted to be stored at said facility except such materials that are necessary for the movement of storage items into and away from the facility and which are in fact located within the stored item. Each unit is to be used by individuals and/or business concerns for the purpose of "dead storing" household items and/or inventory and no work on or with the stored or to be stored items shall be permitted except insofar as is necessary to deposit or remove the stored item or items.
MOBILE HOME: Shall have the meaning set forth at section 101.91(10), Wisconsin statutes, and for purposes of this title, shall also have the meaning of the term manufactured home as that term is defined at sections 66.0435(1)(cm) and 101.91(2), Wisconsin statutes. A recreational mobile home shall not, for purposes of this title, be included in this definition.
MOBILE HOME COURT: See definition of Mobile Home Park.
MOBILE HOME PARK: Shall have the meaning of the term manufactured and mobile home community, as that term is defined at section 66.0435(1)(cg), Wisconsin statutes, and shall also have the meaning of the term manufactured home community as that term is defined at section 101.91(5m), Wisconsin statutes.
MODEL HOME: A dwelling unit used for the purpose of displaying the materials, construction methods, physical arrangement or other characteristics of dwelling units available for purchase, lease or rent.
MORE RESTRICTED: The use of land or buildings permitted in a certain district is more restricted than other uses permitted in districts appearing later in the numerical order in which such districts are numbered in this title.
MOTEL: A building or group of buildings in which lodging, with or without meals, is offered to transient guests for compensation, with no kitchen facilities in any individual room or apartment, and with not less than one off street parking space provided for each such room or apartment.
NET ACRE: An acre of land excluding street right of way and other publicly dedicated improvements such as parks, open space and stormwater detention and retention facilities.
NONCONFORMING USE: A building or premises lawfully used or occupied at the time of the passage of this title or amendments thereto, which use or occupancy does not conform to the regulations of this title or any amendments thereto.
PARKING LOT: A building or premises off the public street containing one or more parking spaces, open to the public free or for a fee, and providing access from a public street or alley to each parking space within such parking lot.
PARKING SPACE: An unobstructed piece of ground or floor space sufficient for the temporary storage of one automobile. Each such parking space shall not be less than nine feet (9') wide and one hundred eighty (180) square feet in area exclusive of maneuvering space and access from or to a public street or alley. A loading space is not a parking space for the purposes of this title.
PLANNED UNIT DEVELOPMENT: A lot with more than one main building and/or a building with more than twelve (12) residential dwelling units.
PROFESSIONAL OFFICE: The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession.
QUEING: The use of one travel lane on local street with parking (usually an intermittent parking pattern) on both sides.
RECYCLING FACILITIES: A facility that includes one or more of the following four (4) types of facilities:
A. Reverse Vending Machine: A mechanical device that accepts one or more types of empty beverage containers and issues a cash refund. There are two (2) types of reverse vending machines: single fed and bulk fed. Single fed machines resemble soda vending machines in size and appearance. Bulk reverse vending machines are larger and accept several containers at once. Because of their larger size and noise, bulk vending machines will be deemed to be "small collection facilities" in this title.
B. Small Collection Facilities: These facilities are smaller than three hundred (300) square feet in size and are intended for collection only. Such facilities have room for limited day to day storage of material, and do not include power driven processing equipment except as part of bulk reverse vending machines. These facilities are typically an accessory use on a site.
C. Large Collection Facilities: Such facilities will typically involve buying or accepting material from the public, moving it to a shipping container and storing it until there is enough for a shipment. These facilities are larger than three hundred (300) square feet in size and most likely are the principal use of the building on site, rather than an accessory use. These facilities have capacity for aggregating and storing large amounts of materials on site in preparation for shipping to processing facilities.
D. Processing Facilities: A building used for the collection and processing of recyclable materials. "Processing" means the preparation of materials for efficient shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning or remanufacturing.
ROADSIDE STAND: A structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises.
SECONDARY DWELLING UNIT: An additional dwelling unit located within the principal dwelling on the lot in a freestanding building or above a residential garage.
SETBACK: The depth of the front yard, measured horizontally on a lot from and at right angles to the front line or the right of way line of a proposed street on the official map, whichever results in the greater front yard depth, excluding only such projections as are permitted hereinafter.
SIGN: Any structure or device, except those placed by the public authorities for public purposes, on which advertising is displayed or attention is directed to advertising on the same or any other structure by any means visible to the eye.
STORY: That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar, if not occupied for living purposes, having one-half (1/2) or more of its height above grade shall be deemed a story for purposes of height regulation.
STORY, HALF: The space under any roof except a flat roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two feet (2') above the floor of such story.
STREET: All property dedicated or intended for public or private street purposes or subject to public easements therefor, which affords the principal means of vehicular access to abutting property, and is over forty feet (40') in width.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STREET, SIDE: The street abutting one side line of a corner lot.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building or any change in the roof structure or in the exterior walls.
STRUCTURE: Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.
TEMPORARY STRUCTURE: A movable structure not designed for human occupancy nor permanent location or attachment.
TRADITIONAL NEIGHBORHOOD: A compact, mixed use neighborhood where residential, commercial and civic buildings are within close proximity to each other.
TWIN HOME: A two-family dwelling; provided, however, each of the dwelling units shall be located on a separate lot.
VARIANCE: A departure from the terms of this title as applied to a specific building or lot, which the board of appeals may permit, contrary to the regulations of this title for the district in which such building or lot is located, when the board finds that a literal application of such regulations will cause a limitation on the use of the property which does not generally apply to other properties in the same district and for which there is no compensating gain to the public health, safety or welfare.
VISION CLEARANCE: A space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points on each street line located as specified hereinafter.
YARD: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONT: A yard extending the full width of a lot between the nearest wall of the main building and the front lot line or the right of way line of a proposed street on the official map, whichever requires the greater front yard depth, excluding only such projections as are permitted hereinafter. The front lot line of a corner lot shall be that street line upon which the principal entrance faces.
YARD, REAR: A yard extending the full width of the lot between the rear lot line and the nearest wall of the main building, excluding only such projections as are permitted hereinafter. In the case of irregular or triangular lots, where none of the lines bounding the rear of the lot are parallel or approximately parallel to the front lot line, the rear lot line for the purposes of this title shall be a line fifteen feet (15') long, wholly within the lot, parallel to the front lot line or the main chord thereof, and at the maximum distance from the front lot line.
YARD, SIDE: A yard extending from the front yard to the rear yard, between the side lot line and the nearest wall of the main building, excluding only such projections as are permitted hereinafter. (1975 Code Ch. 18 § III; amd. Ord. 2006-12, 6-5-2006; Ord. 2006-23, 12-4-2006; 2009 Code; Ord. 2009-01, 2-16-2009; Ord. 2013-07, 4-1-2013; Ord. 2013-16, 10-7-2013)