§ 17.04.060. Definitions.

For the purpose of this title, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meanings or are intended to be interpreted to have a specific meaning. Words used in the present tense 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 section shall be presumed to have their customary dictionary definitions.

For definitions of specific land uses, see Section 17.09.050 of this title.

For additional definitions applicable to the shoreland-wetland overlay district, see Section 17.08.1180 of this chapter.

"Accessory use or structure" means a use or structure customarily incidental to another use or structure and on the same lot as the principal use or structure.

"Alley" means a public right-of-way less than fifty (50) feet wide which is intended to provide only secondary access to abutting properties.

"Animal unit" is a measure used for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species which comprise a single animal unit:

Type of Livestock	# of Animals/ Animal Unit	Type of Livestock	# of Animals/ Animal Unit	Type of Livestock	# of Animals/ Animal Unit
Horse (> 2 yrs)	1	Calves (< 1 yr), Llamas & alpacas (& other related species)	5	Lambs	14
Colt (< 2 yrs)	2	Brood Sow or Boar	2	Chickens - Layers	30
Cattle (> 2 yrs)	1	Hogs (up to 220 lbs)	3	Chickens - Fryers	60
Cattle (< 2 yrs)	2	Sheep, goats, deer, and antelope	10	Turkeys, peacocks, guinea hens, ducks, geese	50

 

"Arterial street." See "Street, arterial."

"Average lot grade" means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

"Basement means" that portion of any structure located partly below the average lot grade.

"Blanket variance" means a variance that is automatically granted by a provision of this title in order to reduce the creation of legal nonconforming developments (see Section 17.04.051).

"Bufferyard" means any permitted combination of distance, vegetation, fencing, and berming that results in a reduction of visual and other interaction with an adjoining property. See Chapter 17.14.

"Building" means any structure, either temporary or permanent, having a roof or other covering and designed or used for the shelter or enclosure of any person, animal, equipment, machinery, materials or property of any kind. Where independent units with separate entrances are divided by shared walls, each unit is a building.

"Building, accessory" means a building that meets that following criteria:

(1)

Is subordinate to and serves a principal structure or principal use;

(2)

Is subordinate in area, extent, and purpose to the principal structure or use being served;

(3)

Is located on the same lot as the principal structure or use being served, except as otherwise expressly authorized by provisions of this title; and

(4)

Is customarily incidental to the principal structure or use. Any portion of a principal building devoted to or intended to be devoted to an accessory use in [is] not an accessory building.

"Building coverage" means the percentage of a lot covered by principal and accessory buildings, including all structures with a roof.

"Building envelope" means a component of a group or large development that conforms to the lot lines of developments that are not group or large developments. Required minimum setback distances are measured from the building envelope line (refer to Section 17.09.060).

"Building, principal" means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

"Building separation" means the narrowest distance between two buildings.

"Building size" means the total gross floor area of a building (also see maximum building size).

"Bulk (of a building)" means the combination of building height, size, and location on a lot.

"Caliper" means a measurement of the size of a tree equal to the diameter of its trunk measurement one-half foot above natural grade. Used for trees in a nursery setting.

"Cellar" means that portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.

"Character" means the impression that an area makes in regard to the type, intensity, density, quality, appearance, and age of development.

"City-owned paved area" means any area of ground paved with concrete, cement, asphalt or surfaced with gravel or similar substances, including but not limited to parking lots, tennis courts, and other miscellaneous paved areas, but not including streets, alleys or other public rights-of-way.

"Commercial vehicle" means any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered a commercial vehicle.

"Conditional uses" means a land use that requires a conditional use permit to develop. See Sections 17.04.210, 17.04.230, and 17.04.240.

"Corner lot" means a lot abutting two or more streets at their intersection where the interior angle formed by the street intersection is less than one hundred thirty-five (135) degrees.

"Deck" means a structure that has no roof or walls and can be attached to or detached from the principal structure. If attached, a deck is required to have main supports and continuous footings below grade by forty-eight (48) inches and must be raised above grade and must comply with the principal setback requirements, as modified by Section 17.04.110(B). If detached, a deck shall be considered an accessory structure.

"Density" means the number of dwelling units per acre.

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement or any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land for which permission may be required pursuant to this chapter.

"Development pad" means the area of land where site disruption will occur, including building areas, paved areas, yard and septic system areas, and other areas of non-native vegetation.

"District" means a part or parts of the city for which the regulations of this title are uniform.

"Drainage" means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

"Drip line" means the outer perimeter edge of a tree canopy as transferred perpendicularly to ground level.

"Dwelling" means a building, or one ore more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds.

"Dwelling, attached" means a dwelling joined to another dwelling at one or more sides by a shared wall or walls.

"Dwelling, detached" means a dwelling entirely surrounded by open space on the same lot.

"Dwelling unit" means a room or group of rooms, providing or intended to provide permanent living quarters for not more than one family.

"Easement" means written authorization, recorded in the register of deeds office, from a landowner authorizing another party to use any designated part of the land owner's property for a specified purpose.

"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

"Essential services" means services provided by public and private utilities, necessary for the exercise of a 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. Accessories, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings, are also included.

"Family" means an individual or two or more persons, each related by blood, marriage, or adoption and living together as a single housekeeping unit, or a group of not more than four persons not so related, maintaining a common household in which bathrooms, kitchen facilities, and living quarters are shared.

"Fence" means a barrier made of wood, iron, stone, or other materials, or a hedge.

"Fence, solid" means any fence that cannot be seen through. Such fences include basketweave fences, stockade fences, plank fences, and similar fences.

"Floor area" means the total area on all floors as measured to the outside surfaces of exterior walls, excluding basements, garages, crawl spaces, attics without floors, carports, breezeways, open porches, balconies and terraces.

"Floor area ratio" means the ratio calculated by dividing the total floor area of all buildings on a site by the gross site area.

"Footcandle" means a unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

"Front yard" means a yard extending along the fill width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

"Garage, residential" means a detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers, or one truck of a rated capacity not in excess of ten thousand (10,000) pounds.

"Gross density" means the number that results from dividing the number of dwelling units located on a site by the gross site area.

"Gross floor area" means the total floor area on all levels of a building.

"Gross site area" means the total area of a site available for inclusion.

"Group home" means a household unit of more than five unrelated persons living in a single dwelling unit under the supervision of a responsible adult or married couple for the purpose of adapting or acquainting such persons with normal social environments. Examples of group homes are those housing autistic or retarded persons, sightless or deaf persons, reformed or reforming alcoholics or drug addicts, or other similarly disadvantaged persons. Such households may also be referred to as halfway houses.

"Height" means the vertical distance from the highest point of a structure, excepting any chimney or antenna on a building, to the average lot grade where the walls or other structural elements intersect the ground.

"Home occupation" means any occupation for gain or support conducted entirely within a residential structure by its occupant. The use is incidental to the principal use of the premises, does not exceed twenty (20) percent of the area of one floor, employees not more than one nonresident employee, uses only household equipment, and does not keep or sell stock in trade except that made on the premises. A "home occupation" includes uses such as baby-sitting for three or fewer children, millinery, dressmaking, canning, laundering, music teaching to not more than two pupils at one time, and crafts, but does not include the display of any goods visible from the street nor such use as barber or beauty shops, dance schools, real estate brokerage or photographic studios.

"Hotel" means a structure designed, used or offered for residential occupancy for any period less than one month, including tourist homes and motels but not including hospitals or nursing homes.

"Impervious surface" means areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as concrete, brick, asphalt, and similar paved surfaces are considered impervious. Gravel areas and areas with "landscaped pavers" that are intended for vehicular traffic are considered to be impervious.

"Intensity" means the amount of gross floor area, or landscaped area, on a lot or site compared to the gross area of the lot or site.

"Kennel" means any establishment wherein or whereon three or more dogs and/or cats are kept.

"Landscaped area" means the area of a site that is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscape planters.

"Land use" means the type of development and/or activity occurring on a piece of property.

"Loading area" means an off-street space, on the same lot with the building or group of buildings it serves, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

"Lot" means a parcel of land having frontage on a public street, 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 title.

"Lot area" means the total area within the lot lines of the lot or parcel.

"Lot depth" means the average distance between the front lot line and the rear lot line of a lot.

"Lot frontage" means lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured and the minimum lot width required by this title shall be provided at each such line.

"Lot line" means a line marking a boundary or a lot.

"Lot line, front" means a lot line that abuts a public or private street right-of-way. In the case of a lot that has two or more street frontages, the lot line along the street from which the house is addressed shall be the front lot line.

"Lot line, rear" in the case of rectangular or most trapezoidal shaped lots, that lot line that is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore shaped lot, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front lot line shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or street, the rear lot line shall be selected by the property owner.

"Lot line, side" means any boundary of a lot that is not a front lot line, a street side lot line, or a rear lot line.

"Lot line, street side" means any lot line that abuts a public or private street right-of-way and that is not the front lot line.

"Lot width" means the maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard.

"Master plan" means a plan, map, report, or other document pertaining to the physical development of the city that has been adopted by the city per sections 62.23(2) and (3) and/or 66.1001, Wisconsin Statutes.

"Maximum building size" means the largest permitted total gross floor area a building may contain.

"Maximum floor area ratio" means the largest amount of floor area permitted on a lot.

"Minimum landscape coverage" means the percentage of the gross site area or lot area which is preserved as permanently protected landscaped area.

"Maximum gross density" means the maximum number of dwelling units permitted per acre of gross site area.

"Minimum lot area" means the minimum size lot permitted within the specified zoning district and development option.

"Minimum lot width" means the smallest permissible lot width for the applicable dwelling unit type or nonresidential development option.

"Minimum setback" means the narrowest distance permitted from a street, side, or rear property line to a structure.

"Minimum site area" means the minimum gross site area in which the specified development option may occur.

"Multiple-family dwelling" means a residential structure designed for or occupied by three or more families. The number of families in residence shall not exceed the number of dwelling units provided.

"Nonconforming building or structure" means any building, or other structure, that was lawfully existing under ordinances or regulations preceding this title, but which would not conform to this title if the building or structure were to be erected under the provisions of this title.

"Nonconforming development" means a lawful development approved under ordinances or regulations preceding the effective date of this title, but which would not conform to this title if the development were to be created under the current provisions of this title.

"Nonconforming lot" means a lot of record that lawfully existed prior to the effective date of this title that would not conform to the applicable regulations if the lot were to be created under the current provisions of this title.

"Nonconforming use" means an active and actual use of land, buildings, or structures that was lawfully existing prior to the effective date of this title, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this title.

"Nursing home" means a structure designed or used for residential occupancy and providing limited on-premises medical or nursing care for occupants, but not including a hospital or mental health center.

"Opacity" means the degree to which vision is blocked by a bufferyard. Opacity is the proportion of a bufferyard's vertical plane that obstructs views into an adjoining property.

"Overlay zoning district" means a zoning district that imposes uniform restrictions on all properties within its area that are in addition to the restrictions specific to the standard zoning districts described in Chapter 17.08, as well as the other general restrictions of this title.

"Parcel" means the area within the boundary lines of a lot.

"Parties in interest" means and includes all abutting property owners, all property owners within one hundred (100) feet, and all property owners of opposite frontage.

"Performance standard" means a criterion established to control and limit the impacts generated by, or inherent in, used of land or buildings.

"Permanently protected greenspace" means an area in which site disruption and/or development is strictly limited.

"Principal use" means any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use).

"Rear yard" means the yard extending across the full width of the lot whose depth is measured from the rear lot line to 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.

"Residential occupancy" means those activities customarily conducted in living quarters in an urban setting. The following types of activities are excluded: Keeping of livestock or fowl, or activities which result in noise which constitutes a nuisance in a residential area or which involve the storage, visible from off the lot, of motor vehicle parts, machinery, or parts, junk or scrap materials. The keeping on any lot of any combination of more than two dogs and/or cats per family is also excluded. This shall not be construed to prevent the keeping of the litter of a household pet until able to be separated from their mother (also see Section 6.04.190).

"Scale (of development)" means the gross floor area, height, or volume of a single structure or group of structures.

"Setback" means the required distance between a structure and any lot line for the lot on which it is located.

"Shade tree" means a tree that would occupy the uppermost canopy or a forest in a natural ecological situation. These trees are also sometimes referred to as climax trees. Examples include hickory, oak, maple, etc. See Chapter 17.14.

"Shrub" means a low-lying deciduous or evergreen plant.

"Side yard" means one whose depth is measured from the side lot line to the nearest point of the principal structure.

"Signs" means any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known, which are used to advertise or promote any individual, firm, association, corporation, profession, business, commodity or product, and which are visible from any public street or highway.

"Silviculture" means all commercial logging operations primarily oriented to the outdoor planting, thinning and harvesting of timber, pulp woods, and other forestry products for commercial purposes. This includes trees that are raised as a crop to be replaced with more trees after harvesting, such as tree nurseries or Christmas tree operations.

"Story" means that part of a building included between the surface of one floor and the surface of the next floor, or, if there is no floor above, the ceiling next above. A floor having one-half or more of its height below the average grade of the lot shall not be deemed a story.

"Street" means a public right-of-way not less than fifty (50) feet wide providing primary access to abutting properties.

"Street, arterial" means a street that is anticipated to carry in excess of three thousand five hundred (3,500) vehicles per day in traffic volume, at desirable speeds ranging from thirty (30) to forty-five (45) miles per hour, and that is used for travel between areas within and outside the city.

"Street, collector" means a street that is anticipated to carry between two thousand five hundred (2,500) to five thousand (5,000) vehicles per day in traffic volume, at desirable speeds ranging from twenty-five (25) to thirty-five (35) miles per hour, which serves a collecting function by distributing traffic between local streets and arterial streets.

"Street, local" means a street that is anticipated to carry less than two thousand five hundred (2,500) vehicles per day in traffic volume at desirable speeds up to twenty five (25) miles per hour, and that provides access to abutting property and primarily serves local traffic.

"Street yard." A "street yard" extends across the full width of the lot, the depth of which is measured from the existing or proposed street or highway right-of-way line to the nearest point of the principal structure. Corner lots shall have two such yards.

"Structural alterations" means any changes in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

"Structure" means any erection or construction such as buildings, towers, masts, poles, fences, booms, signs, decorations, carports, machinery and equipment.

"Temporary use" means a land use that is present on a property for a limited and specified period of time.

"Unnecessary hardship" means the circumstance where 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 ordinance.

"Utilities" means and includes public and private utility uses such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, booster stations, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, but not including sewerage treatment plants, or municipal incinerators, warehouses, shops and storage yards.

"Variance." For purposes of Title 17 a "variance" is the authorization to depart from the literal requirements of Title 17.

"Yard" means a required open space which is unoccupied and unobstructed from the ground upward, except for vegetation, and is on the same lot or parcel with a structure. The street and rear yards extend the full width of the lot.

(Ord. 145-2007 § 4; Ord. 125-2006 (part); Ord. 125-2005 (part); Ord. 89-2004; prior code § 10-4-7)

(Ord. No. 170-2009, § 3, 10-22-09; Ord. No. 178-2009, § 4, 4-13-2010; Ord. No. 183-2009, § 3, 4-13-2010; Ord. No. 193-2010, § 1, 4-21-2011)

Editor's note

Ord. No. 183-2009, § 3, adopted April 13, 2010, contained a scrivener's error that set out provisions intended for use as § 17.04.180. At the editor's discretion, these provisions have been included as § 17.04.060.