§ 100-29. Specific words and phrases.

Accessory use or structure. A detached subordinate structure or a use which is clearly incidental to, and customarily found with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

Adult family home. Defined under W.S.A., § 50.01(1), means one of the following:

(a)

A private residence to which all of the following apply:

(1)

Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for three or four adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in W.S.A., § 51.01(5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than four, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than four.

(2)

The private residence was licensed under W.S.A., § 48.62, as a foster home or treatment foster home for the care of the adults specified in subdivision 1. at least 12 months before any of the adults attained 18 years of age.

(b)

A place where three or four adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to seven hours per week of nursing care per resident.

Alley. A special public right-of-way affording only secondary access to abutting properties.

Architectural appurtenance. Architectural appurtenance means an accessory or adjunct embellishment to the architectural design of a building that benefits the aesthetic appeal and enjoyment of the property.

Art studio. An establishment engaged in the sale or exhibit of art works such as paintings, sculpture, macrame, knitted goods, stitchery or pottery. Art studios are also engaged in the creations of such art works and often offer instruction in their creation. Within the context of this chapter, art studio does not include nude modeling and other pornographic exhibits.

Arterial highway. A public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways include freeways and expressways, state trunk and county trunk highways, and other heavily traveled streets and parkways.

Assembly. When used in describing an industrial operation, the fitting or joining of parts of a mechanism by means of fasteners, nuts and bolts, screws, glue, welding or other similar technique. Assembly shall not include the construction, stamping or reshaping of any of the component parts.

Baby sitting. The act of providing care and supervision for fewer than four children. This definition does not apply when the baby sitter is related to the child, or when more than four children in one household are related.

Basement. That portion of any structure which is below grade, or which is partly below and partly above grade but so located that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

Boardinghouse. A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for not more than 12 persons not members of the family who are the principal occupants of the family. Boardinghouses are not open to transient customers such as those who would seek lodging at a motel or hotel.

Boathouse. As defined in W.S.A., § 30.121(1). A permanent structure used for the storage of watercraft and associated materials and includes all such structures which are totally enclosed, have roofs or walls or any combination of structural parts.

Building. 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. The total living area bounded by the exterior walls of a building at the floor levels, but including basement, utility rooms, garages, porches, breezeways and unfinished attics.

Building height. The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of the roof.

Business mixed use development. In the Village of Mukwonago, business mixed use development with conditional use approval under planned unit development overlay standards applied to specific business districts means a mixture of multi-family residential and business uses allowed on the same property. Business uses may include commercial, retail, service and office activities that are either new or existing. Business mixed use development may be: (1) within a single or multiple buildings within a unified development having business on lower or upper floors and multi-family residential dwelling units on the other floors; or (2) a business or businesses in buildings separate from the multi-family residential buildings with all buildings within a unified development. However, a multi-family development proposal within the area planned for business mixed use overlay within the South Main Street-River Key Area of the Update to Comprehensive Plan 2035, may apply through a planned unit development to be solely residential if conforming to the following criteria:

(1)

The proposal must be a redevelopment project, meaning the acquisition of property with existing buildings, impervious surface, or infrastructure are to be demolished and repurposed; and

(2)

The total development proposes less than 100 units of new multi-family; and

(3)

The proposed development area is directly abutted by an existing commercial development.

Each business mixed use development shall be under the same ownership at the time of application and approval. Nonetheless, after approval and development, the unified development site may be divided into separate ownerships.

Certificate of compliance. A certification issued by the zoning administrator stating that any construction and use of land or a building, the elevation of fill or the first floor of a structure is in compliance with all of the provisions of this chapter.

Channel. A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Clothing repair shops. Shops where clothing is repaired, such as shoe repair shops, seamstress, tailor shops, shoe shine shops, clothes pressing shops, but none employing over five persons.

Clothing stores. Retail stores where clothing is sold, such as department stores, dry goods and shoe stores, and dress, hosiery, and millinery shops.

Commercial building. For the purposes of zoning review permit and occupancy permit, a commercial building is any use of a building other than single-family dwelling and two-family dwelling.

Community living arrangement. Defined under W.S.A., § 46.03(22)(a) means any of the following facilities licensed or operated, or permitted under the authority of the State of Wisconsin Department of Health and Family Services:

(a)

Residential care centers for children and youth, as defined in W.S.A., § 48.02(15d), operated by child welfare agencies licensed under W.S.A., § 48.60;

(b)

Group homes for children, as defined in W.S.A., § 48.02(7); and

(c)

Community-based residential facilities, as defined in W.S.A., § 50.01(1g); but

(d)

Does not include adult family homes, as defined in W.S.A., § 50.01(1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

Conditional uses. Uses of a special nature as to make impractical their predetermination as to a permitted use in a district. A use which is permitted by this chapter, provided that certain conditions are met and that a permit is granted by the board of zoning and building appeals or, where designated, the village board or the planning commission.

Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.

Conservation standards. 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 the 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 the alternative which best meets his needs in developing his soil and water conservation plan.

Construction site control measure. A control measure used to meet the requirements of section 100-353 of this chapter.

Control measure. A practice or combination of practices to control erosion and attendant pollution.

Control plan. A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of the site construction erosion control provisions of this chapter submitted by the applicant for review and approval by the village.

Day care center. An establishment in which the operator is provided with compensation in return for providing one or more individuals with care for less than 24 hours at a time. The term includes, but is not limited to, a day nursery, nursery school, adult day care center or other supplemental care facility. This term does not include a family day care home.

Density. The number of dwelling units per acre of land on a parcel, lot or unified land-developing activity. For the purposes of calculation, the number of dwelling units is the numerator and the acreage is the denominator, with the resultant expressed in dwelling units per acre.

Density, gross. The number of dwelling units per acre of land on a parcel, lot or unified land-developing activity where the amount of acres excludes any existing right-of-way and any major utility right-of-way.

Density, net. The number of dwelling units per acre of land on a parcel, lot or unified land developing activity where the amount of acres excludes any existing right-of-way and any major utility right-of way, plus excluding all natural resources to be protected, including wetlands, floodplains, lakes and streams, woodlands and forests, existing stormwater basins, primary environmental corridors, and archeological sites.

Department. The Wisconsin Department of Natural Resources.

Development. Any new use, change of use and any change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; any placement of mobile homes, the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials, public or private sewage disposal systems or water supply facilities.

District, basic. 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 (such as the residential, commercial, and industrial district classifications).

District, overlay. Overlay districts provide for the possibility of superimposing 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.

Drainage system. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Drive-in restaurant. An establishment used for the sale, dispensing or serving of food, refreshments or beverages in or on disposable plates and cups, including those establishments where customers may serve themselves and may eat and drink the food, refreshments and beverages on or off the premises.

Dwelling. A detached building, also called a duplex, designed or used exclusively as a residence or sleeping place, but does not include boarding or lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, bi-level. A two-level dwelling with one level above grade, and the other level half above grade and half below grade. The lowest level may or may not have exterior access. For the purpose of measuring living area, the building inspector will determine functional areas as set forth in the definition of "living area," and the first floor area will be considered to be the first level that is entirely above grade.

Dwelling, multiple-family. A residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.

Dwelling, single-family. A detached building designed for or occupied exclusively by one family.

Dwelling, tri-level. A three-level dwelling with two levels above grade, and a third level half above grade and half below grade. The lowest level may or may not have exterior access.

Dwelling, two-family. A detached building containing two separate dwelling (or living) units, designed for the occupancy by not more than two families.

Efficiency. A dwelling unit consisting of one principal room with no separate sleeping rooms.

Election campaign period. In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates or the first day that candidates would circulate papers were papers to be required, and ending the day of election. In the case of a referendum, the period beginning on the day on which the question to be voted upon is submitted to the electorate and ending on the day on which the referendum is held.

Environmental control facility. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste or thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Equal degree of encroachment. The effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation assures that property owners up, down or across the river or stream will have the same rights basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.

Erosion. The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.

Essential services. 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, stormwater 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.

Existing mobile home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this chapter.

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

Expressway. A divided arterial street or highway with full or partial control of access and with or without grade separated intersections.

Family. The body of persons related by blood, marriage or adoption, or not more than four (4) unrelated persons who live together in one dwelling unit as a single housekeeping entity.

Family day care home. A dwelling licensed as a day care center by the State of Wisconsin Department of Health and Family Services under W.S.A., § 48.65, where care is provided for not more than eight children. (From W.S.A., § 66.1017(1)(a).)

Farmers market. The temporary sale of farm products at a site other than where they were grown. The sale of farm produce grown on the premises or the sale of not more than five bushels per day of farm produce grown off the premises is not considered a farmers market.

Fence height. The distance measured from the average grades of the abutting lots to be separated by the fence.

Financial institutions. Includes banks, savings and loans associations, etc.

Fixed houseboat. As defined in W.S.A., § 30.121(1). A structure not actually used for navigation which extends beyond the ordinary high water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Flea market. Any premises where the principal use is the sale of new or used household goods, personal effects, tools, art work, small household appliances and similar merchandise, equipment or objects, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. Flea markets may be conducted within a structure or in the open air. Rummage sales and garage sales are not considered to be flea markets.

Floodlands. For the purpose of this chapter, the floodlands are all lands contained in the "regional flood" or 100-year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into the floodway overlay district and the floodplain fringe overlay district.

Foster family home. The primary domicile of a foster parent which is for four or fewer foster children and which is licensed pursuant to W.S.A., § 48.62.

Foster home. Any facility that is operated by a person required to be licensed by W.S.A., § 48.62(1)(a), and that provides care and maintenance for no more than four children or, if necessary to enable a sibling group to remain together, for no more than six children or, if the State of Wisconsin Department of Health and Family Services promulgates rules permitting a different number of children, for the number of children permitted under those rules. (From W.S.A., § 48.02(6).)

Freeway. An expressway will full control of access and with fully grade separated intersections.

Frontage. The smallest 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. A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises.

Garage, public or commercial. Any garage other than a private garage.

Garage sale. See "rummage sale."

Gift stores. Retail stores where items such as art, antiques, jewelry, books and notions are sold.

Group assembly. A company of persons gathered together for any purpose for a period of two or more hours.

Group foster home. Any facility operated by a person required to be licensed by the State of Wisconsin pursuant to W.S.A., § 48.62, for the care and maintenance of five to eight foster children.

Hardware stores. Retail stores where items such as plumbing, heating and electrical supplies, sporting goods and paints are sold.

Hearing notice. Publication or posting meeting the requirements of W.S.A., ch. 985. Class 1 notice is required at a minimum for appeals; published once at least one week (seven days) before the hearing. Class 2 notice is required at a minimum for all zoning ordinances and amendments including map amendments; published twice, once each week consecutively, the last publication at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice exceeding these minimums.

High water elevation. "Ordinary high water mark" 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.

Historic district. An area designated by the village board, on recommendation of the commission, that contains two or more historic improvements or sites, as well as those abutting improvement parcels which the commission determines shall fall under the provisions of this section to assure that their appearance and development are harmonious with such historic structures or historic sites.

Historic structure. Any structure that is:

(1)

Listed in the National Register of Historic Places or preliminarily determined by the secretary of the interior as meeting the requirements for listing on the National Register;

(2)

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;

(3)

Individually listed on a state inventory of historic places; or

(4)

Listed on a local inventory of historic places in communities with historic preservation programs certified by the state.

Home industry. A home occupation that is carried out in a structure separate from the principal structure; or the manufacture or assembly of a product, often on a contract basis, in a residence; or an occupation of a more intense nature that is normally defined as a home occupation.

Home occupation. Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises.

Housing for the elderly. A dwelling unit or units designed and constructed to be occupied by elderly persons. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises, or a family, the head of which, or his spouse, is an elderly person as defined herein.

Interchange. A grade separated intersection with one or more turning lanes for travel between intersection legs.

Joint extraterritorial zoning committee. Any zoning committee established in accordance with W.S.A., § 62.23(7a).

Junk or salvage yard. An area consisting of buildings, structures or premises where junk waste and discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards and 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. Junk yards are not permitted in the Village of Mukwonago.

Land developing activity. The construction of buildings, roads, parking lots, paved storage areas and similar facilities.

Land disturbing activity. Any manmade change of the land surface, including removing vegetative cover, excavating, filling and grading, but not including agricultural activities such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscape modifications.

Landmark. Any structure or improvement which has a special character or special historic interest or value as part of the community, state or nation and which has been designated as a landmark pursuant to the provisions of the Village of Mukwonago Historical Society.

Landmark site. Any parcel of land of historical significance due to substantial value in tracing the history of aboriginal man, or upon which a historic event has occurred, and which has been designated as a landmark site pursuant to the provisions of this chapter; or a parcel of land, or part thereof, on which is located a landmark and any abutting parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated.

Landowner. Any person holding title to or having an interest in land.

Land use. Any nonstructural use made of unimproved or improved real estate. (Also see "development")

Land user. Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

Letter of map amendment (LOMA). Official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.

Living area. The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.

Living rooms. All rooms within a dwelling except closets, foyers, storage area, utility rooms and bathrooms.

Loading area. A completely offstreet space or berth on the same lot as the principal use it serves for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lot. For the purpose of this chapter, a lot shall be defined as a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.

Lot, corner. 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 size.

Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline.

Lot, double frontage. A parcel or lot, other than a corner lot, with frontage on two streets or with frontage on a street and a navigable body of water. Where access to the parcel or lot is restricted from one of the frontages, then the yard facing the restricted access street shall be considered the rear yard for building setback purposes, and the yard facing the allowable access street shall be considered the street yard for building setback purposes.

Lot lines and area. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot line fence. Any fence located a distance from lot line equal to the height of the fence.

Lot, triple frontage. A parcel or lot that is also a corner lot, with frontage on three streets. Where access to the parcel or lot is restricted from one of the frontages that are opposite the frontage with allowable access, then the yard facing the restricted access street shall be considered the rear yard for building setback purposes. The third street frontage that is not opposite of a yard with street frontage shall be considered the street yard for building setback purposes.

Lot width. The width of a parcel of land measured between the intersection of the two side lot lines and the right-of-way, measured along the chord. Where the lot width narrows toward the rear yard, the lot width shall be measured at the building setback line between the two side lot lines, measured along the chord. On corner lots, the smallest frontage shall be deemed the lot width, and no side or rear lot line shall be less than the required lot width.

Machine shops. 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 shops; and overhaul shops.

Manufactured home. As defined in W.S.A., §§ 101.90—101.96 or future revisions of these statutes.

Manufacturing. When used in describing an industrial operation, the making or processing of a product with machinery.

Minor structures. Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors, and walls and fences.

Mobile home. A vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction but not including a unit used primarily for camping, touring or recreational purposes which remains licensed and ready for highway use and remains onsite less than 180 days.

Mobile home park. Any parcel of land which has been developed for the placement of mobile homes upon which two or more units may be located, regardless of whether or not a charge is made for such accommodation.

Motel. A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

Multiple-family. A residential building or grouping of residential buildings where each building is designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided. A multiple-family residence may be owner occupied or rental occupied.

Navigable waters. Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.

Nonconforming uses or structures. Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendment thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements is considered a nonconforming structure and not a nonconforming use.

Nursing home. A place where five or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services, as defined in W.S.A., § 50.01.

Official letter of map amendment. Official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.

Ornamental fence. A fence intended to decorate, accent or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or a lot line; or frame a driveway, walkway or planting bed. Ornamental fences are those with more than 50 percent of their surface area open for free passage of light and air. Ornamental fences are often of the picket, rail or wrought iron type.

Overlay zoning district. Overlay zoning district means a zoning district that provides for specific regulations to be applied to a designated area in combination with the requirements of the underlying or base zoning district.

Parking lot. 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. A graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Parties in interest. Includes all abutting property owners, all property owners within 250 feet, and all property owners of opposite frontages.

Pierhead line. A boundary line established along any section of the shore of any navigable waters by a municipal ordinance approved by the state department of natural resources, pursuant to W.S.A., § 30.13. Piers and wharves are only permitted to the landward side of such pierhead line unless a permit has been obtained pursuant to W.S.A., § 30.12(2).

Places of entertainment. Includes pool halls, theaters, bowling alleys, dance halls, skating rinks, golf driving ranges and night clubs.

Planned unit development. A planned unit development (PUD) is an alternate zoning tool for developments that propose a creative and innovative solution with a layout that is not achievable by the standards of the underlying or base zoning district. The PUD is intended to permit developments that will be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD overlay district under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the village, while at the same time maintaining the land use density and other standards or use requirements set forth in the underlying or base zoning district.

Premises. A lot, parcel, tract or plot of land together with the buildings and structures thereon.

Processing. When used in describing an industrial operation, the series of continuous actions that changes one or more raw materials into a finished product. The process may be chemical as in the processing of photographic materials; it may be a special method such as processing butter or cheese; it may be a mechanical process such as packaging a base product.

Professional home offices. Residences of clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, artists, teachers, authors, musicians, or persons in other recognized professions used to conduct their professions, where the office use is incidental to the residential use of the premises.

Rear yard. A yard extending across the full width of a 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 is opposite the street yard or one of the street yards on a corner lot. Where two side lot lines narrow to the point that the rear lot line is less than ten feet in length, then for purposes of measuring the rear setback, the rear lot line shall be considered a line ten feet in length between the side lot lines as parallel as possible to the street frontage.

Rummage sale. The occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales do not exceed four consecutive days in length and are not conducted more often than three times per year. Rummage sales do not involve the resale of merchandise acquired for that purpose. Rummage sales are also known as "garage sales." Flea markets, defined elsewhere in this section, are not rummage sales.

Runoff. The rainfall, snowmelt or irrigation water flowing over the ground surface.

Satellite lot. A confined designated area, either subdivided or in common ownership with adjacent areas, containing a single use building that is designed as an integral part of a unified commercial/retail center or business center.

Seat. Furniture upon which to sit, having a linear measurement not less than 24 inches across the surface used for sitting.

Secondary suite. An arrangement and use of rooms within a single-family dwelling that allows for one or two family members to reside separate from the single housekeeping entity while remaining part of and having nonlockable direct interior access to the entire single-family dwelling. The arrangement of rooms may contain a kitchenette area with associated living areas, bedrooms and a bathroom.

Senior housing. A building or group of buildings containing dwellings intended to be occupied by elderly persons, as defined by the Federal Fair Housing Act, as amended. Senior housing may include independent and/or assisted living arrangements but shall not include nursing or convalescent homes regulated by the State of Wisconsin. Independent and assisted living housing are defined as follows:

Senior assisted living. Housing that provides 24-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.

Senior independent living. Housing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as security, housekeeping and recreational and social activities. Individual dwellings are designed to promote independent living and shall contain kitchen facilities.

Setback or street yard. 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 right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards, except as defined in "Lot, double frontage" and "Lot, triple frontage."

Set of one-year design storms. The rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12, and 24 hours that occur approximately once each year. The following are typical characteristics of these one-year storms in most of Wisconsin:

Storm Duration (hours)	Average Rain Intensity (inches/hour)	Total Rain (inches)
0.5	1.8	0.9
1	1.1	1.1
2	0.7	1.3
3	0.5	1.5
6	0.3	1.7
12	0.2	2.0
24	0.1	2.3

 

Shorelands. Those lands lying within the following distances from the ordinary high water 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. Shorelands shall not include those lands adjacent to farm drainage ditches where (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.

Shorelines. The intersection of the land surfaces abutting lakes, ponds, streams, flowages and wetlands with the average annual high water elevation.

Shore yards. 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 point of the high water elevation of a pond, stream, lake or wetland nearest the principal structure and a line parallel thereto containing the point of the principal structure nearest the high water line.

Side yard. 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.

Smoke unit. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.

Storage capacity. The volume of space available above a given cross-section of a floodplain for the temporary storage of floodwater. The storage capacity will vary with stage.

Story. That portion of a building included between the surface of a floor and the surface of the floor or ceiling next above it; a basement or cellar having one-half or more of its height above the average grade of the lot shall be deemed one full story.

Street. A public right-of-way not less than 50 feet wide providing primary access to abutting properties.

Street yard. 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 alterations. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure. Any erection or construction, such as buildings, prefabricated or prebuilt buildings, towers, masts, poles, booms, signs, decorations, carports, machinery or equipment.

Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed 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 however, include either: (a) 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 (b) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows and other nonstructural components.

Surety. Whenever the terms "surety," "surety bond," or "bond" are used in this chapter, such term shall describe only an irrevocable letter of credit or a cash bond as approved by the village attorney.

Sustained yield forestry. Management of forested lands to provide annual or periodic crops of forest products.

Townhouses. A group of single-family dwellings, also called row houses, having an unpierced common wall between each adjacent section and the end units having side yards.

Treatment foster home. Any facility that is operated by a person required to be licensed under W.S.A., § 48.62(1)(b), that is operated under the supervision of the State of Wisconsin Department of Health and Family Services, a county department or a licensed child welfare agency, and that provides to no more than four children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents. (From W.S.A., § 48.02(17q).)

Turning lane. An existing or proposed connecting roadway between two arterial streets or between an arterial street and any other street. Turning lanes include grade separated interchange ramps.

Unnecessary hardship. That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Utilities. 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 regulator stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

Wetland. An area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Yard. An open space on the same lot with a structure, unoccupied and obstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.

(Ord. No. 572, § I(9.2302), 2-6-96; Ord. No. 698, § VIII, 1-21-03; Ord. No. 731, § II, 4-20-04; Ord. No. 815, § I, 11-18-08; Ord. No. 837, § I, 1-18-11; Ord. No. 839, § II, 4-19-11; Ord. No. 854, § I, 12-20-11; Ord. No. 926, § I, 4-18-17; Ord. No. 927, § I, 4-18-17)

Cross reference

Definitions and construction of terms, § 1-2.