GENERAL DEFINITIONS.
For the purpose of this Chapter, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meaning or are intended to be interpreted to have a specific meaning. Words used in the present tense in this Chapter include the future. The word "person"
includes a firm, association, partnership, trust, company, or corporation as well as an individual. The word "shall" is mandatory, the word "should" is advisory, and the word "may" is permissive. Any words not defined in this Article shall be presumed to have their customary dictionary definitions, or as defined by statute or in state and village building codes.
SPECIFIC WORDS AND PHRASES
“Accessory Use, Building or Structure” means a use, building or structure which:
A. Is or will be subordinate to, and serves, a principal use, building or structure;
B. Is or will be subordinate in area, extent, or purpose to the principal use, building or structure served;
C. Contributes to the comfort, convenience or necessity or occupants of the principal use, building or structure; and
D. Is or will be located on the same zoning lot as the principal use, building or structure.
An automobile, trailer or other vehicle or part thereof, or other building used as a temporary or permanent dwelling or lodging place shall not be considered an accessory building or use.
“Adult Bath House” means an establishment or business which provides the services 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 and which establishment provides to its patrons an opportunity for engaging in "specified sexual activities."
“Adult Body Painting Studio” means an establishment or business wherein patrons are afforded an opportunity to paint images on a "specified anatomical area." For purposes of this chapter, the adult body painting studio shall not be deemed to include a tattoo parlor.
“Adult Bookstore” means an establishment or business 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."
“Adult Booth” means any area of an adult establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of "specified anatomical areas" or the conduct or simulation of "specified sexual activities."
“Adult Cabaret” means any nightclub, bar, restaurant, or similar commercial establishment which features:
A. Live performances which are characterized or distinguished by the exposure of "specified anatomical areas" or the removal of articles of clothing; or
B. Films, motion pictures, video cassettes, digital video disks, video reproductions, slides or other visual presentations which are distinguished or characterized by depicting or describing "specified sexual activities" or "specified anatomical areas."
“Adult Establishments” means and includes, but is not limited to: adult bookstores, adult motion picture theaters (indoor or outdoor), adult mini-motion picture theaters, adult video stores, adult bath houses, adult motels, adult theatres, adult novelty shops, adult massage parlors, adult modeling studios, adult body painting studios, and adult cabarets.
“Adult Massage Parlor” means an establishment or business with or without sleeping accommodations which provides services including any method of rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating a "specified anatomical area" with the hands or with any instruments, heat and light treatments of the body, and all forms and methods of physiotherapy not operated by a medical practitioner or professional physical therapist licensed by the state.
“Adult Mini Motion Picture Theater” means an enclosed building with a capacity for less than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
“Adult Modeling Studio” means any establishment or business where a person who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Adult modeling studios shall not include a proprietary school licensed by the State of Wisconsin or a college, technical college, or university; or in a structure:
A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
B. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
C. Where no more than one nude or semi-nude model is on the premises at any one time.
“Adult Motel” means hotel, motel, or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic or video reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic or video reproductions; 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.
“Adult Motion Picture Theater” means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
“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 distinguishably characterized by an emphasis on matter depicting, describing or relating to "specified sexual activity" or "specified anatomical areas.”
“Adult Novelty Shop” means an establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on or designed for "specified sexual activity" or stimulating such activity.
“Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
“Adult Video Store” means an establishment or business having as a substantial or significant portion of its stock and trade for sale or rental of motion pictures or other visual media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
“Advertising Sign” means a sign that pertains to goods sold or manufactured or services rendered on the premises upon which the sign is located.
”Airport Affected Area” means the area of the Village lying within three miles of the boundaries of an airport, as set forth in Wis. Stat. s. 62.23(6)(am)1.b.
“Alley” means a special public right-of-way affording only secondary access to abutting properties.
“Alteration” means an enhancement, upgrade or substantial change or modification, other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
“Animal Units”: See Chapter 39
“Animated Sign” means any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.
“Arterial Street” means a public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways and expressways as well as arterial streets, highways and parkways.
“Asphalt and/or Tar Paving Mix Plant” means a plant wherein asphalt, tar or other petroleum products or byproducts are prepared or mixed, wither alone or with other ingredients, as a material for paving or surfacing.
“Automobile Wrecking Yard” means any premises on which more than one automotive vehicle, not in running or operating condition, is stored in the open.
“Back-to-Back,” “Side-by-side,” “Bottom-to-top,” and “V-Shaped Signs” are signs that are physically contiguous and share a common structure, in whole or in part, or are located not more than 15 feet apart at their nearest point in cases of "back-to-back" or "V-shaped."
“Balcony” means a platform that projects from the wall of a building four feet or less, is surrounded by a railing or balustrade, is open and roofless, and which is suspended or cantilevered from, or supported solely by, the structure to which it is attached.
“Banner” means any sign of lightweight fabric, plastic, coated paper, or similar material not enclosed in a rigid frame that is mounted to a pole or a structure at one or more edges. Flags or pennants are not considered banners.
“Basement” means a story partly or wholly underground. The height of a basement shall be the vertical distance between the surface of the basement floor and the floor next above it.
“Beacon” or “Search Light)” means any light with one or more beams that rotate or move or any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source.
“Bed & Breakfast” or “B & B”
means a residential property that offers short-term overnight sleeping accommodations in exchange for compensation.
“Billboard” means a sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located,
“Boarders” are any unrelated persons, other than the owner, living within a single household unit and paying compensation for such service.
“Boarding House” means a building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for four or more persons not members of a family, but not exceeding 12 persons and not open to transient customers.
“Brew Pub” means a restaurant that manufactures up to 5,000 barrels of fermented malt beverages per year on premises for either consumption on premises or sale in hand-capped or sealed containers in quantities up to one-half barrel or 15½ gallons sold directly to the consumer.
“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.
“Building Area” means the total living areas bounded by the exterior walls of a building at the floor levels, but not including unfinished basement, utility rooms, garages, porches, breezeways, or unfinished attics.
"Building Height" of a residential structure or any structure within a residential district shall be measured from the finished yard grade along the street yard face of the structure to the peak of the roof. Building height of nonresidential structures in nonresidential districts shall be measured from the mean elevation of the finished yard grade along the street yard face of the structure to the highest point of flat roofs; to the mean height level between eaves and ridges of gable, gambrel, hip and pitch roofs; or the deck line of mansard roofs.
“Bus Shelter” means a small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers.
“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.
“Camping Unit” means any portable device, no more than 400 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.
“Canopy Sign” means any sign that is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover. A marquee is not a canopy. The overhead protective cover used for fuel pumps is considered a canopy.
“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 provisions of this chapter or other land use chapters.
19 “Changeable Copy Sign” means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign not more than once every four seconds or the minimum standards set by the State and Federal Highway Administration, whichever is longer. Each change of message shall be accomplished in one second or less. A sign on which the only copy that changes is an electronic or mechanical indication of time, date, or temperature is considered a "time and temperature" portion of a sign and not a changeable copy sign or traveling message sign.
“Clear Cutting” means the removal of an entire stand or area of trees or shrubs. See Chapter 36
“Clothing Repair Shops” means shops where clothing is repaired, such as shoe repair shops, seamstresses, tailor shops, shoe shine shops, clothes pressing shops, but none employing over five persons.
“Clothing Stores” means retail stores where clothing is sold, such as department stores, dry goods, stores, shoe stores, dress shops, hosiery shops and millinery shops.
“Commercial Vehicle” has the meaning as defined by Wisconsin Statutes Section 340.01(8).
“Concrete Ready Mix Plant” means a plant where water, gravel, sand, crushed stone, or other aggregate is mixed with cement and placed within a truck or trucks for the purpose of mixing such ingredients and to create and manufacture concrete thereby while said truck is in transit to its ultimate point of delivery.
“Conservation Standards” means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide prepared by the U.S. Department of Agriculture, Soil Conservation Service, for Racine County, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation plan.
“Core Area of Living Space” means that area or space within a dwelling unit, devoted to the principal residential use of the structure, excluding attached garages, porches, sheds, decks, carports, and other appurtenances.
“Corner Lot” means a lot abutting two or more streets at their intersections provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.
“Crawlways” and “Crawl Spaces” mean 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.
“Day Care Center” means a Day Care Center, Child Care Center, or Family Day Care Home establishment providing care and supervision for four or more persons under the age of seven and licensed by the State of Wisconsin pursuant to Wis. Stat. ch. 48.
“Decibel” means a unit for measuring the relative loudness of a sound (abbreviated dB) measured on an "A" weighted decibel scale.
“Deck” means an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
“Density Bonus” means the allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned or beyond the net density established in the adopted land use plan, usually in exchange for the provision or preservation of an amenity at the same site or at another location.
“Density Net” means the numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including common open space and associated recreational facilities within the area; the result being the number of dwelling units per net residential acres of land. Net density calculations exclude all or a portion of the area occupied by rights-of-way of publicly dedicated streets and private streets, floodplains, wetlands, and water.
“Department” or “DNR” means the Wisconsin Department of Natural Resources.
“Development” means any man-made change to improved or unimproved real estate, including but not limited to construction of or additions or substantial improvements to buildings, or other structures, or accessory uses, the placement of manufactured or mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations, or deposition of materials.
“Directional Sign” means any auxiliary sign that is limited to directional messages principally for assisting in the flow of pedestrian or vehicular traffic, such as enter, exit, and one way.
“Directory Sign” means a sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
“Displaced Threshold” means a horizontal line on a runway, perpendicular to the runway centerline. Departing aircraft must be airborne before crossing the displaced threshold. Incoming aircraft may not touch down before crossing the displaced threshold.
“District, Basic” means a part or parts of the Village for which the regulations of this Chapter governing the use and location of land and buildings are uniform.
“District, Overlay:” Overlay districts provide for the possibility of super-imposing certain additional requirements upon a basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
20 “Driveway” means a private access to a single parcel having public or private street or road frontage.
21 “Driveway, Shared” means a shared access that serves two separate parcels, each with public or private street frontage.
“Dwelling” means a detached building designed or used exclusively as a residence or living place, but does not include boarding or lodging houses, motels, hotels, tents, cabins, or travel trailers.
“Dwelling, Single-Family” means a detached building designed for and occupied exclusively by one family.
“Dwelling, Two-Family” means a detached building containing two separate dwelling units, designed for and/or occupied by not more than two families.
“Dwelling, Multiple-Family” means a residential building containing three or more separate dwelling units designed for and/or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.
“Efficency” means a dwelling unit consisting of one principal room with no separate sleeping rooms.
“Elevation” means, as appropriate for the context, either:
A. The height in feet above National Geodetic Datum of 1929, also known as mean sea level datum; or
B. A scale drawing of the front, side or rear of a structure.
“Emergency Shelter” means a public or private enclosure designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riots and/or invasions.
“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, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, and hydrants, but not including buildings.
“Exception” or “Special Exception” means a special or unique situation, excluding a change in use or a use prohibited in a zoning district, which may be authorized by the Zoning Board of Appeals and which may justify the waiver of the regulations applicable thereto and does not necessarily require the demonstration of an unnecessary hardship or practical difficulty.
“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 the effective date of this Chapter. 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
"Expansion of Existing Manufactured Home Park or Subdivision" 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 if concrete pads.
“Expressway” means a divided arterial street or highway designated by the State as an expressway as set forth in Wis. Stat. s. 84.295.
“FAA” means the Federal Aviation Administration.
“Face” means the surface of a sign upon which the message is displayed. One sign structure may have more than one face.
“Family” means one or more persons occupying the premises and living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club fraternity or hotel.
“Fixture” means an article in the nature of personal property which has been so annexed to the realty that it is regarded as a part of the real property; that which is fixed or attached to something permanently as an appendage and is not removable. A thing is deemed to be affixed to real property when it is attached to it by roots, imbedded in it, permanently resting upon it, or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Goods are fixtures when they become so related to particular real estate that an interest in them arises under real estate law, e.g., a furnace affixed to a house or other building, counters permanently affixed to the floor of a store, or a sprinkler system installed in a building. A sign permanently affixed to the land or a structure is a fixture.
“Flag” means any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, school, or to indicate membership in a non-profit organization.
“Flashing Sign” means any directly or indirectly illuminated sign on which the natural or artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. This definition includes parts that move while the light remains constant, giving the impression of changing or flashing lights. Intermittent signs only providing information such as time, date, and temperature and changeable copy signs as defined herein are not considered "flashing signs."
“Floodplain” and all definitions related to floodplains: see Chapter 37.
“Frontage” means the dimension of a lot abutting a public street measured along the street right- of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.
“Garage, Private” means a structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the residents of the premises.
“Garage, Public or Commercial” means any garage other than a private garage.
“Gift Store” means a retail store where items such as art, antiques, jewelry, books and notions are sold.
“Gravel Pit”, “Sand Pit” means any place where gravel or sand is removed from its natural state of deposit by digging, pushing, or any other method, and sold or held for sale or distribution.
“Greenhouse” means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers, shrubbery, vegetables, trees and other horticultural and floricultural products.
“Greenhouse (Commercial)” means a greenhouse used for the growing of plants, all or part of which are sold at retail or wholesale.
“Ground Sign” or “Monument Sign” means any permanent free-standing sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and which does not exceed 15 feet in height.
“Habitable Structure” means any structure or portion thereof used or designed for human habitation.
“Hardware Store” means a retail store where items such as plumbing, heating and electrical supplies, sporting goods or paints are sold.
“Hearing Notice” means a publication or posting meeting the requirements of Wis. Stat. ch. 985. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Additional requirements set forth in this Chapter and other land uses chapters apply.
“Historic Structure” means any structure that is either:
A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
“Hotel” means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms, with no cooking facilities in any room or apartment.
“Household Occupation” means any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed twenty-five percent of the area of any floor, uses only household equipment, and no stock in trade is kept or sold except that made on the premises. A household occupation includes uses such as babysitting, millinery, dressmaking, canning, laundering, and crafts, but does not include the display of any goods nor such occupations as barbering, beauty shops, dance schools, real estate brokerage, or photographic studios.
“Hub Height” (referring to a wind turbine) means the distance measured from ground level to the center of the turbine hub.
“In-law Suite” means a physical arrangement of a dwelling unit in such a fashion that a separate living quarters is created within a dwelling unit for the sole purpose of allowing related persons to live in the secondary living area while that owner and his or her family resides in the principal living area. The secondary living area may contain a bedroom, bathroom and kitchenette which permits a limited degree of independence, but does not create a separate housekeeping entity.
“Junkyard” or “Salvage Yard” means any premises on which there is an accumulation of scrap metal, paper, rags, glass, lumber, inoperable machinery, inoperable vehicles, tires or other materials that are stored or customarily stored for salvage, buying, selling, exchanging , dealing, disassembling, packing, bailing, wrecking, or handling unless such accumulation is housed in a completely enclosed building.
“Kitchen” means a place (such as a room) with cooking facilities including kitchen-type counters and/or cabinets, a kitchen sink, or any appliances for the preparation or preservation of food, including but not limited to, gas or electric ranges, ovens or stovetops, microwave ovens, refrigerators with more than five cubic feet of capacity, or freezers.
“Kitchenette” means a small kitchen or an alcove containing minimal cooking facilities.
“Land Use” means any nonstructural or structural use made of unimproved or improved real estate. (See also “Development.”
“Living Rooms” means all rooms within a dwelling except closets, foyers, storage areas, utility rooms and bathrooms.
“Loading Space” means 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 commercial vehicles while loading or unloading cargo.
“Lot” means a parcel of land having frontage on a public street or a private street providing public street 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 open space provisions of this Chapter, provided that no such parcel shall be bisected by a public street, and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for easements greater than 20 feet or for roadway purposes shall be included in the computation of lot size for the purposes of this Chapter.
“Lot, Corner” means a lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side.
“Lot, Double Frontage” means a parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water. Double frontage lots, located between two streets for the purpose of this Code, shall be deemed to have two street yards and no rear yard and double frontage lots located between a street and a navigable body of water, for the purpose of this Chapter, shall be deemed to have a street yard and a shore yard and no rear yard.
“Lot Lines and Area” means the peripheral boundaries of a parcel of land and the total area lying within such boundaries.
“Lot Width” means the width of a parcel of land measured at the required minimum street yard setback line.
“Machine Shops” means shops where lathes, presses, grinders, shapers and other wood and metal working machines are used, such as blacksmith, tinsmith, welding and sheet metal shops; plumbing, heating and electrical repair and overhaul shops.
“Maintain,” “Maintenance” or “Routine Maintenance” means the act or process of restoring to original soundness, including redecorating, refinishing, non-structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
“Manufactured Home” has the meaning set forth in Wis. Stat. s. 101.91(2), and includes “Mobile Homes” as defined in Wis. Stat. s. 101.91(10). For the purpose of this Chapter, it does not include mobile recreational vehicles or travel trailers.
“Marquee” means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Marquee sign shall mean any sign attached to, in any manner, or made a part of a marquee.
“Mineral Extraction Operation, Quarrying Operation” means a gravel pit, sand pit, or quarry, including washing, crushing or other processing.
“Minor Structure” means any small, movable accessory structure erected or constructed, such as birdhouses, tool houses, pet houses, play equipment and arbors, less than 36 square feet in area.
“Mobile Home”: see Manufactured Home.
"Mobile Recreational Vehicle" means a vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Excluded from this definition are semi tractors as well as manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes.
“Modular Home” means a structure which is partially pre-assembled at a manufacturing plant and placed on a lot or parcel as a dwelling unit or units. Also called "pre-fabricated" or pre-cut" homes or "double-wide" units. For purposes of this chapter, the term manufactured home shall generally be used to describe this type of structure. It shall be further distinguished from the term manufactured home. (See definitions of manufactured home and mobile home.)
“Motel” means a series of attached, semi-attached, or detached sleeping units for the accommodation of transient guests.
“Motor Vehicle” means any motor-driven vehicle required to be registered under Chapter 341, Wisconsin Statutes, except mopeds.
“Municipality” or “Municipal” means the Village of Rochester unless otherwise noted.
“NAVD” or “North American Vertical Datum” means the reference used for elevations to mean sea level datum, 1988 adjustment.
“NGVD" or "National Geodetic Vertical Datum” means the reference used for elevations to mean sea level datum, 1929 adjustment.
“Navigable Waters” shall have the meaning set forth in Wis. Stat. s. 281.31(2)(d).
“Nonconforming Lot; Nonconforming Property” means a lot that existed lawfully before the current zoning or subdivision ordinance was created or amended, but does not meet the current lot width, depth or area requirements for the zoning district.
“Nonconforming Structure” means a dwelling, building, structure or fixture that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current ordinance.
“Nonconforming Use” means the use of a building, premises, structure or fixture that was lawful at the time that a zoning ordinance was adopted or amended, but that does not conform to the use restrictions in the current zoning ordinance.
“Normal Maintenance and Repair, Sign” means cleaning, painting, replacing broken and vandalized non-structural parts; replacing light bulbs; and other like minor routine repairs in a manner that does not change or alter the basic copy area, design, or structure of the sign.
“Obsolete Sign” means any sign that no longer correctly directs or exhorts any person or advertises a business, service, product, tenant, or activity no longer conducted, available, or in existence on the premises where such sign is displayed.
“Off-Road Trail” means a new or existing trail made for the use of an off road vehicle(s) where a permanent and defined path has been created and/or where the landscape has been manipulated in such a manner as to create a path or ruts that may or may not include jumps, pits, hills, and/or berms.
“Off-Road Vehicle” means a motorized vehicle designed for use on a variety of non-improved surfaces including but not limited to, dune buggies, four-wheel drive vehicles, snowmobiles, all- terrain vehicles (ATVs), dirt bikes, mini bikes, motor bikes, mopeds and trail bikes. Agricultural equipment (such as farm tractors, seeders, combines, cultivators, etc.) used in the operation of a farm, garden tractors and riding lawnmowers are not off-road vehicles.
“Ordinary High Water Mark (OHWM)” means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
“Parking Lot” means a structure or premises containing ten or more parking spaces open to the public. Such spaces may be for rent or a fee.
“Parking Space” means a graded and surfaced area of not less than 180 square feet in area (or a smaller area approved for the district) either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
“Parties of Interest” means all abutting property owners, all property owners within 100 feet, and all property owners of opposite frontages.
“Pennant” means any lightweight plastic, fabric, or other material, whether or not it contains a message of any kind, suspended from a rope, wire, or string, usually in series that typically streams in the wind.
“Person” means an individual, group of individuals, corporation, partnership, association, municipality, state agency or other legal entity.
“Pond” means a natural or artificial (manmade) body of standing water smaller than a lake which generally retains water year round.
“Pole Sign (freestanding sign, self-supporting sign)” means any sign that is mounted on one or more poles so that the bottom of the sign is at least six feet in height.
“Portable Sign” means any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A-or T-frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles, trailers, or equipment that are parked and readable from the street right-of-way, unless said vehicles, trailers, or equipment are used in the normal day-to-day business operations.
“Principal Structure” means a structure used or intended to be used for the principal use as permitted on such lot by the regulations of the district in which it is located.
“Private Sewage System” means a sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
“Professional Home Offices” means residence offices of clergymen, doctors, dentists, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, accountants, artists, teachers, authors, musicians, or other recognized professions used to conduct their professions where the use meets the requirements set forth in subsection 35-21.J. for home occupations.
“Projecting Sign” means any sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from the side of the building.
“Public Utilities” means those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
“Pyramiding” means the act of obtaining or providing access to public bodies of water across private lots or lands in a manner which increases the number of families which have access to that water to a degree greater than what would occur with individual riparian owners having individual lots fronting on the water. The effect of pyramiding is to funnel backlot development from offshore lots or residences via a narrow parcel of land to provide access to the water. Publicly owned access point shall not fall within this definition.
“Quarry” means any place where material consisting in whole or in part of rock or stone are removed from their natural state by cutting, blasting, digging, pushing, or any other method, and sold or held for sale or distribution.
“Rear Yard” means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearer point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.
“Recreational Vehicle” – see Mobile Recreational Vehicle
“Recycling” means the transfer, transporting, processing, marketing, and conversion of solid waste into usable materials or products and includes the stockpiling and disposal on non-usable portions of solid wastes, but does not include the collection of solid wastes.
“Recycling Center” means a facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, within a completely enclosed building.
“Recycling Drop-Off Site” means a collection point for recyclable materials. Temporary storage of specific materials is permitted on each site, but no processing of such items is allowed.
“Recycling Plants” means a facility that is not a junk yard and in which recoverable resources are recycled, reprocessed and treated to return such products to a condition in which they may again be used for production.
“Relocatable Structure” means a structure or building which can be moved to its desired location.
“Roadside Stand” means an accessory structure having a ground area of not more than 300 square feet, not closer than 25 feet to any street right-of-way line, not permanently fixed to the ground, readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products produced on the premises (or adjoining premises).
“Roof Sign” means any sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above any point of a building with a flat roof, the deck line of a building with a mansard roof, or the eave line of a building with a gambrel, gable, dome or hip roof.
“Runway” means any existing or planned rectangular paved surface which is specifically used for the landing and/or taking off of aircraft.
“Screening” means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
“Self-Service Storage Facility” means any structure designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property; also known as a miniwarehouse.
“Salvage Yard” means an area consisting of buildings, structures or premises where junk waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.
“Shore Protection Structures” means structures which are intended to reduce shoreline erosion and bluff recession by providing an artificial protective barrier against direct wave and ice attacks on the beach and bluff toe, by increasing the extent of the beach available to absorb wave energy before the water reaches the bluff, by dissipating wave energy and/or by stabilizing the bluff slope. Shore protection structures include bulkheads, revetments, seawalls, groins, breakwaters and slope stabilization measures.
“Shore Yard” means a yard extending across the full width or depth of a lot, the depth of which shall be the minimum horizontal distance between a line intersecting both side lot lines at the same angle and containing the ordinary highwater mark of a lake, pond, flowage, river, stream or wetland nearest the principal structure and a line parallel thereto containing the point of the principal structure nearest the ordinary highwater mark.
“Shorelands” means those lands within the following distances from the ordinary highwater mark of navigable waters: 1,000 feet from a lake, pond, or flowage, and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
“Shoreline” means the intersection of the land surfaces abutting lakes, ponds, rivers, streams, flowages, and wetland with the ordinary highwater mark.
“Side Yard” means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.
“Sign” means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trademarks by which anything is made known and which are used to advertise or promote an individual firm, association, corporation, profession, business, commodity or product and which is visible from any public street or highway.
“Sign (Temporary)” means any sign which pertains to auctions, bazaars, festivals, or other similar events or to any aspect of a political campaign.
“Smoke Unit” means the number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.
“Stable, Commercial” means a building or land where horses are kept for remuneration, hire, sale, boarding, riding, or show.
"Start of Construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Streamer” - see "Pennant."
22 “Street or Road, Public” means a right-of-way for vehicular traffic under the control of and maintained by the Village, County or State and open for travel by the public.
23 “Street or Road, Private” means a right-of-way for vehicular traffic, over which a private easement has been granted to provide access to a public street by the property owners abutting the private street or road, or that exists as part of the common elements of a condominium. A Private Street or Road is under the control of and maintained by the owner or abutting property owners or an association of those owners and not by the public.
“Street Yard” means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
“Structural Alteration” means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
“Structure” means any manmade object with form, 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.
“Structure (Principal)” means a structure used or intended to be used for the principal use as permitted on such lot by the regulations of the district in which it is located.
“Structure (Temporary)” means a movable structure.
“Subdivision” - See Chapter 30.
“Substantial Construction” means a considerable amount of work done towards completing the project that received approval, that may include obtaining necessary plot plans, surveys, engineering data, easements, deed restrictions, approvals, permits, and physically starting the project. For typical building construction projects, the site work must progress beyond grading and completion of structural foundations, and construction must be occurring above grade to be considered substantial work.
“Substantial Improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized assessment value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term does not include either, 1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historical places. Ordinary maintenance does not include structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other non-structural component.
“Temporary Sign” means any sign intended for a limited or intermittent period of display.
“Temporary Structure” means a movable structure.
“Turning Lane” means an existing or proposed connecting roadway or lane between two arterial streets or between an arterial street and any other street. Turning lanes include grade separated interchange ramps.
“Unnecessary Hardship” means special conditions affecting a particular property, which were not self- created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the section.
“Utilities” means public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical, power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulations stations but not including sewage disposal plants, municipal incinerators, warehouses, ships, and storage yards.
“Variance” means an authorization by the Zoning Board of Appeals for a use which is not allowed under the zoning district or for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards within this Chapter. See also the other land use chapters of this Municipal Code.
“Violation” means the failure of a person, structure or other development to be fully compliant with the land use chapters.
“Wall Sign” means any sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.
“Watershed” means the entire region contributing runoff or surface water to a watercourse or body of water.
“Well” means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
“Wetlands” means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
“Wind Energy” and related items: see section 35-140.
“Window Sign” means any sign that is placed inside a window or upon the windowpanes or glass and is readable from the street or highway.
"Yard" means any improved or unimproved open space on the same lot with a structure, exclusive of any structures themselves. The street and rear yards extend the full width of the lot.
“Yard (Rear)” means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot.
“Yard (Street)” means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
“Yard (Side)” means a yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal street.
“Zoning Administrator” means a person appointed by the Village President and confirmed by the Village Board of Trustees to administer and enforce this Chapter and the other land use chapters. Reference to the Zoning Administrator shall be construed to include duly appointed Deputy Administrators.
(Ord. 2020-4, passed 10-12-2020; Ord. 2023-7, passed 5-8-2023)
Notes
| 19 | 19 Amended by Ordinance 2016-8 Adopted 12-12-16 |
| 20 | 20 Added by Ordinance 2016-8 Adopted 12-12-16 |
| 21 | 21 “ “ |
| 22 | 22 Amended by Ordinance 2016-8 Adopted 12-12-16 |
| 23 | 23 “ “ |