§ 95-222. Specific words and phrases.

Abut. For the purpose of this Ordinance, abut refers to properties that are next to each other and share a common property line. Properties separated from each other by a street or railway right-of-way are not considered abutting properties.

Accessory use or structure. A use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or principal structure.

Adult-oriented establishment. Commercial establishments in which a significant portion of the business is to (a) display, sell, have in their possession for sale, offer for view, publish, disseminate, give, lease, or otherwise deal in any written or printed matter, pictures, films, sound recordings, machines, mechanical devices, models, facsimiles, or other material and paraphernalia depicting sexual conduct or nudity and which exclude minors by reason of age; and/or (b) which display for viewing any film or pictures depicting sexual conduct or nudity and which exclude minors by reason of age; and/or (c) in which any person appears or performs in a manner depicting sexual conduct or involving nudity and from which minors are excluded by reason of age.

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

Antenna. A device designed to receive or send broadcasts either as over-the-air signals from transmitters, including fixed television, telecommunication, or radio signals, or microwave signals from earth-orbiting communication satellites.

Antenna, satellite dish. A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites.

Antenna, terrestrial. Any antenna designed to receive television, telecommunication, or radio signals relayed from one ground location to another ground location. Such antennas are typically mounted on a tower or support on the rooftop of a structure, or on freestanding towers.

Antique store. A retail store where objects such as furniture, glassware, coins, and other objects prized for their rarity, style, or historic period are sold. For the purpose of this Ordinance, antiques are generally objects that are at least 20 years old.

Arterial street. See "Street, Arterial."

A Zones. Areas of potential flooding shown on the village's "flood insurance rate map" which would be inundated by the regional flood as defined herein. These numbers may be numbered as A0, A1 to A99, or be unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Baby sitting. The act of providing care and supervision for fewer than four children at one time. 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.

Banner. A bunting or flexible sign characteristically supported at two or more points and usually fastened to a building or otherwise suspended down or along its face, or across streets. The banner may or may not include copy or other graphic symbols.

Base flood. See "Regional Flood."

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 basement floor is greater than the vertical distance from the grade to the basement ceiling.

Bed and breakfast establishment. Any place of lodging that provides four or fewer rooms for rent for more than seven nights in a twelve-month period; is the owner's personal residence; is occupied by the owner at the time of rental; and in which the only meal served to guests is breakfast.

Boardinghouse. 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.

Boathouse. As defined in § 30.121, Wis. Stats., means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls, or any combinations of structural parts.

Buffer yard. An area of land which may contain sufficient area and width, landscape plantings, earth berms, fencing, walls, or other visual and/or sound barriers intended to eliminate or minimize land use conflicts between adjacent land uses.

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 height on a nonsloping lot. The vertical distance measured from the average elevation of the finished lot grade along the street yard face of the structure to the highest point of the coping (cap) of a flat roof; to the roof deck line of a flat mansard roof; or to the highest point (ridge) of a gable, hip, gambrel, or peaked (pitched) mansard roof.

Building height on a sloping lot. The vertical distance measured from the average elevation of the finished lot grade, immediately adjacent to all sides of a structure, to the highest point of the coping (cap) of a flat roof; to the roof deck line of a flat mansard roof; or to the highest point (ridge) of a gable, hip, gambrel, or peaked (pitched) mansard roof.

Building, principal. A building in which the principal use of the lot on which it is located is conducted.

Car wash. Any facility used for the washing of vehicles requiring the installation of special equipment, or machinery and plumbing affixed to or separate from the structure. Said facility shall be installed in such a manner as not to cause spray or runoff water to encroach upon any adjoining properties.

Channel. Those portions of the floodplain normally occupied by a stream, lakebed, or other body of water under average annual high-water flow conditions while confined within generally well-established banks.

Clothing repair shops. Shops where clothing is repaired, such as shoe, seamstress, tailor, and clothes pressing shops.

Collector street. See "Street, Collector."

Co-location. A telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private telecommunications provider.

Commercial adult care center. An establishment providing services for part of a day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living, supervision, or protection.

Commercial child care center. An establishment providing care and supervision for four or more persons under the age of seven for less than 24 hours a day and licensed by the State of Wisconsin pursuant to § 48.65, Wis. Stats.

Commercial wireless telecommunication services. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Community-based residential facility (CBRF). A place where five or more adults who are not related to the operator or administrator of the facility in which care, treatment, or services above the level of room and board are provided, but not including more than three hours of nursing care per week per resident nor above intermediate level nursing care. A community-based residential facility is subject to state-level licensing and operational limitations as set forth in ch. 50, Wis. Stats. A CBRF does not include any of the following: a convent, facilities for victims of domestic abuse, a shelter, or other facilities excluded in § 50.01(1g), Wis. Stats.

Community living arrangement. The following facilities licensed and operated, or permitted under the authority of the Wisconsin Statutes: child welfare agencies under § 48.60, Wis. Stats.; group foster homes for children under § 48.02(7), Wis. Stats.; and community-based residential facilities under § 50.01, Wis. Stats.; but does not include adult family homes, day care centers, nursing homes, general hospitals, special hospitals, prisons, or jails. The establishment of community living arrangements is governed by §§ 46.03(22), 48.625, 59.69(15), and 62.23(7)(i), Wis. Stats.

Conditional uses. See "Use, Conditional."

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.

Construction services. Establishments engaged in the distribution, handling, and installation of construction materials. For the purpose of this Ordinance, construction services do not include retail sales of construction materials to the general public such as hardware or lumber stores.

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 construction site erosion control provisions of this Ordinance submitted by the applicant for review and approval by the village.

Coping. The highest point or covering course of a wall often with a sloping top to carry off water and commonly cut with a drip.

Day care facility, adult. See "Commercial Adult Care Center."

Day care facility, child. See "Commercial Child Care Center."

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; 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.

District, basic. A part or parts of the village for which the regulations of this Ordinance governing the use and location of land and buildings are uniform (such as the residential, business, and manufacturing district classifications).

District, overlay. A zoning designation that modifies the underlying basic use zoning district requirements in a specific manner.

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.

Dryland access. A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough to accommodate wheeled vehicles.

Dwelling. A building designed or used exclusively as a residence or sleeping place, but does not include boarding or lodging houses, motels, hotels, tents, cabins, or motor homes.

Dwelling, bi-level. A two-level dwelling with one level above grade, and the other level partially below grade. The lower level may or may not have exterior access. For the purpose of measuring living areas, the zoning administrator will determine functional areas, as set forth in the definition of "living area," and the first floor area, which usually is the first level that is entirely above grade.

Dwelling, efficiency. A dwelling unit consisting of one principal room with no separate sleeping rooms.

Dwelling, multifamily. 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 and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Dwelling, tri-level. A three-level dwelling with two levels above grade, and a third level partially below grade. The lowest level may or may not have exterior access. For the purpose of measuring living areas, the zoning administrator will determine functional areas, as set forth in the definition of "living area," and the first floor area, which usually is the first level that is entirely above grade.

Dwelling, two-family. A detached building containing two separate dwelling (or living) units, designed for occupancy by not more than two families. A two-family dwelling may also be known as a "duplex."

Dwelling unit. One or more rooms designed, occupied, or intended to be occupied as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for exclusive use of a single family maintaining a household.

Eave. The projecting lower edge of a roof overhanging the wall of the building.

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 on which candidates would circulate nomination papers if papers were required, and ending on the day of the 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.

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 and streets, 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.

Fall zone. An area of land surrounding a tower structure, as certified by the manufacturer or an independent structural engineer, in which the structure would fall in the event of collapse or other structural failure.

Family. The body of persons related by blood, adoption or marriage, or not more than four 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 pursuant to § 48.65, Wis. Stats., where care is provided for not more than eight children.

Federal Emergency Management Agency (FEMA). The federal agency which administers the National Flood Insurance Program. This agency was formerly known as the Federal Insurance Administration (FIA) and was part of the U.S. Department of Housing and Urban Development (HUD).

Fence, open. A structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Open fences are those with more than 50 percent of their surface area open for free passage of light and air. Examples of such fences include rail, picket, and wrought iron fences.

Fence, security. A fence intended to guard property against unauthorized entry, and to protect stored goods and products from theft and other unauthorized handling. Security fences are often made of wrought iron or woven wire.

Fence, solid. A structure of rails, planks, stakes, strung wire, or similar material erected as an enclosure, barrier, or boundary. Solid fences are those with 50 percent or less of their surface area open for free passage of light and air and designed to conceal from view the activities conducted behind them. Examples of such fences are stockade, board-on-board, board-and-batten, basket weave, and louvered fences.

First floor area. See "Floor Area, First."

Flood. A general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow or rise of inland waters; the rapid accumulation or runoff of surface waters from any source; or the sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood frequency. The probability of a flood occurrence. A flood frequency is generally determined from statistical analysis. The frequency of a particular flood event is usually expressed as occurring, on the average, once in a specified number of years or as a percent chance of occurring in any given year.

Flood insurance study. An examination, evaluation, and determination of flood hazards, and if appropriate, corresponding water surface elevations; or an examination, evaluation, and determination of mudslide or mud flow, and/or flood-related erosion hazards. Such studies shall result in the publication of a flood insurance rate map showing the intensity of flood hazards.

Floodplain. The land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood-fringe, and may include other designated floodplain areas for regulatory purposes. For the purpose of this Ordinance, the floodplain is all lands contained in the "regional flood" or 100-year recurrence interval flood, and is divided into the Floodway Regulatory Area, the Floodplain-Conservancy Regulatory Area, and the Urban-Floodplain Regulatory Area.

Floodplain fringe. The portion of the floodplain, outside the floodway, that is subject to inundation by the 100-year recurrence interval flood. For the purpose of this Ordinance, the floodplain fringe is included in the Floodplain-Conservancy Regulatory Area or the Urban-Floodplain Regulatory Area.

Flood profile. A graph showing the relationship of the floodwater surface elevation of a flood event of a specified recurrence interval to the stream bed and other significant natural and manmade features along a stream.

Floodproofing. Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities, and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage (see section 95-141).

Flood protection elevation. A point two feet above the water surface elevation of the 100-year recurrence interval flood. This safety factor, also called "freeboard," is intended to compensate for the many unknown factors that contribute to flood heights greater than those computed. These factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and aggradation of a river or stream bed.

Flood stage. The elevation of the floodwater surface above the officially established datum plane, which is Mean Sea Level, 1929 Adjustment, on the Supplementary Floodland Zoning Map.

Flood storage. Those floodplain areas where storage of floodwaters has been taken into account in reducing the regional flood discharge.

Floodway. The channel of a river or stream, and those portions of the floodplain adjoining the channel, required to carry the regional flood discharge.

Floor area. The sum of the gross horizontal area of all floors of a building measured from the exterior faces of the exterior walls or, in the case of a common wall separating two dwellings or units, from the centerline of such a common wall. For the purpose of the Ordinance, floor area shall not include basements, porches, decks, garages, and unfinished attics.

Floor area, first. For the purpose of identifying the first floor level in a multistory dwelling, the zoning administrator shall determine the first floor area, which usually is the first level that is entirely above grade.

Floor area, gross. The sum of the gross horizontal areas of all floors measured in square feet, not including the basement floor, measured from the exterior faces of the exterior walls or from the centerline of common walls separating two units. The floor area of a building includes elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or closed, located on a roof or in a basement), penthouses, attic space having headroom of seven feet ten inches or more, interior balconies and mezzanines, enclosed permanently-heated porches, and floor area devoted to accessory uses.

Floor area, gross—Business, governmental, institutional, and manufacturing buildings. For the purpose of calculating off-street parking and loading space requirements, the sum of the gross horizontal area of a floor or floors of the building, or portion thereof, devoted to a use shall be used to determine required off-street parking or loading spaces. This floor area shall include accessory storage areas located within selling or working space, such as counters, racks, or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for the purposes of determining off-street parking spaces, shall not include floor area devoted primarily to storage purposes except as otherwise noted herein.

Floor area, primary. The floor area of a building devoted to customer service, sales area, or actual operational area and which specifically shall not include storage, warehouse, utility, hallways, or other accessory uses.

Footcandle. The illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen. One footcandle equals one lumen per square foot. In this Ordinance, the standard for various light sources will be measured in footcandles.

Foster family home. The primary domicile of a foster parent, licensed by the State of Wisconsin pursuant to § 48.62, Wis. Stats., which is for four or fewer foster children or, if necessary to enable a sibling group to remain together, for no more than six children or, if the state promulgates rules permitting a different number of children, for the number of children permitted under those rules.

Frontage. The smallest dimension of a lot abutting a public street measured along the street line.

Front yard. See "Yard, Street."

Garage, private. A structure primarily intended for and used for the enclosed storage or shelter of the private motor vehicles of the owner(s) or families resident upon the premises.

Garage, public or commercial. Any building or portion thereof used for equipping, servicing, repairing, leasing, or public parking of motor vehicles.

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

Group foster home. Any facility operated by a person required to be licensed by the State of Wisconsin pursuant to § 48.625, Wis. Stats., for the care and maintenance of five to eight foster children.

Home occupation. An occupation conducted for financial gain within a private dwelling unit, where such occupation is clearly incidental and subordinate to the principal residential use of the premises. For the purpose of this Ordinance, bed and breakfast establishments are not considered home occupations.

Hotel. A facility, other than a bed and breakfast establishment, offering transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreational facilities.

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.

Increases in regional flood height. A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, determined by comparing existing conditions and proposed conditions and which is directly attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients, and discharge.

Intermediate level nursing care. Basic care that is required by a person who has a long-term illness or disability that has reached a relatively stable plateau.

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.

Land developing activity. The construction of buildings, streets, 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.

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

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). A letter from the Federal Emergency Management Agency stating that an existing structure or parcel of land that has not been elevated by fill would not be inundated by the base flood.

Letter of map revision based on fill (LOMR-F). A letter from the Federal Emergency Management Agency stating than an existing structure or parcel that has been elevated by fill would not be inundated by the base flood.

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

Loading area. A completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress to and egress from a public street or alley.

Local street. See "Street, Minor."

Lot. 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, and other dimensional requirements of this Ordinance. No lands dedicated to the public or reserved for roadway purposes shall 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 side (see Illustration No. 7).

Lot, double frontage. A parcel of land with frontage on more than one street or with frontage on a street and a navigable body of water (see Illustration No. 7).

Lot, flag. A lot generally not fronting on or abutting a public street and where access to the public street is by a narrow, private right-of-way (see Illustration No. 7). Flag lots are not generally considered to conform to sound development principles.

Lot, Interior. A lot with frontage on one street which is bounded by adjacent lots along each side and a lot behind fronting on a different street (see Illustration No. 7).

Lot, substandard. A parcel of land held in separate ownership having frontage on a public street, occupied or intended to be occupied by a principal building or structure together with accessory buildings and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other dimensional requirements of this Ordinance.

Lot width. The width of a parcel of land measured at the front yard setback line.

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.

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

Minor street. See "Street, Minor."

Mobile home. A transportable structure built on a chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to required utilities. For the purpose of this Ordinance, a recreational vehicle, a travel trailer, or a manufactured home (a living unit which is transported in two or more modules to construct a permanent residential home on a permanent chassis) are not considered mobile homes.

Mobile home park. A parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.

Motel. A building containing lodging rooms having adjoining individual bathrooms, and where each lodging has a doorway opening directly to the outdoors, and more than 50 percent of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.

Navigable water. 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. The Wisconsin Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGayner and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by a skiff or canoe during normal spring highwater is navigable, in fact, under the laws of this state though it may be dry during other seasons. Under § 281.31(2m), Wis. Stats., and § NR 115.03(5), Wis. Adm. Code, shoreland regulations do not apply to lands adjacent to farm drainage ditches if:

1.

Such lands are not adjacent to a natural navigable stream or river;

2.

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

3.

Such lands are maintained in nonstructural agricultural use.

For the purpose of this Ordinance, rivers and streams will be presumed to be navigable if they are designated as either perennial or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.

Nonconforming lot. A lot, the area, dimensions, or location of which was lawful prior to the adoption or amendment of this Ordinance, but which fails by reason of such adoption or amendment to conform to the present requirements of this Ordinance. Vacant nonconforming lots may also be referred to as substandard lots.

Nonconforming structure. A building or structure lawfully existing at the time of the adoption or amendment of this Ordinance which houses a use that is permitted in the district, but does not comply with all the applicable area, width, height, yard, and/or parking requirements of the district in which it is located.

Nonconforming use. Any use of land, or land and buildings in combination, lawfully existing at the time of the adoption or amendment of this Ordinance which does not comply with the use regulations for the district in which it is located.

Nudity. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a full opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or showing of the covered male genitals in a discernible turgid state.

Nursing home. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

Obstruction to flood flow. Any development which physically blocks the conveyance of floodwaters such that this development by itself or in connection with any future similar development will cause an increase in regional flood height.

Open space. Land areas not occupied by buildings, structures, parking areas, streets, driveways, alleys, or other impervious surfaces, except paved paths, trails, and sidewalks.

Ordinary highwater mark. The point on the bank or shore of a body of water 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 characteristics.

Overlay district. See "District, Overlay."

Parking lot. A structure or premises containing more than five parking spaces open to the public. Such spaces may be for rent, charge a fee, or be free-of-charge.

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 200 feet, and all property owners of opposite frontages.

Party wall. A wall containing no opening which extends from the elevation of building footings to the elevation of the outer surface of the roof or above, and which separates contiguous buildings but is in joint use for each building.

Pennant/streamer. Any lightweight plastic, fabric, or other material, with or without any representation or writing thereon, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Principal use. See "Use, Principal."

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 special method such as processing butter or cheese; or it may be a mechanical process such as packaging a base product.

Professional offices. Offices or services of doctors of medicine, dentists, ministers, architects, landscape architects, professional engineers, lawyers, authors, artists, musicians, insurance agents, financial planners, or other similar recognized professions.

Professional home offices. Residences of doctors of medicine, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, real estate agents, insurance brokers, artists, teachers, authors, musicians, or other recognized professions where the office use is clearly incidental to the residential use of the premises.

Public utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land-line telephone service to the general public. For the purpose of this Ordinance, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

Reach. A longitudinal segment of a stream generally including those floodplains wherein flood stages are primarily and commonly controlled by the same manmade or natural obstructions to flow.

Rear yard. See "Yard, Rear."

Regional flood. The regional flood is a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Roadside stand. A temporary building or structure used or intended to be used solely for the sale of seasonal goods or services, such as fresh produce or Christmas trees.

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

Satellite dish antenna. See "Antenna, Satellite Dish."

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
1.0	1.1	1.1
2.0	0.7	1.3
3.0	0.5	1.5
6.0	0.3	1.7
12.0	0.2	2.0
24.0	0.1	2.3

 

Setback. For the purpose of this Ordinance, the minimum setback for a building or structure from a street right-of-way line, side lot line, or rear lot line is the same as the minimum yard requirement.

Sexual conduct. Acts or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breasts.

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 lands adjacent to farm drainage ditches where (a) such lands are not adjacent to a natural navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and (c) such lands are maintained in nonstructural agricultural use.

Side yard. See "Yard, Side."

Sign. Any medium, including its structure, 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, abandoned. A sign, or part thereof, which no longer correctly advertises a bona fide business, service, or product available on the premises for a period of 60 days or more. Also, a structurally unsound sign, or part thereof, which has been left unrepaired for a period of 60 days or more after notification by the Building Inspector that such sign is in need of repair.

Sign, area. The area of the largest single face of the sign within a perimeter which forms the outside shape including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the signs may be placed. If the sign is an irregular shape or consists of more than one section or module, their area shall be totaled. Any irregular shaped sign area shall be computed by using the actual sign face surface. In the case of individual letters, the area of copy will be squared off and used.

Sign, awning, canopy or marquee. A sign that is mounted or painted on, or attached to an awning, canopy, or marquee (see Illustration No. 8). Such signs may be internally illuminated by florescent or other light sources in fixtures approved under national and local electrical codes.

Sign, electronic message. A changeable message sign whose message is electrically activated such as the light bulbs or mechanical flip discs.

Sign, flashing. Any sign which contains an intermittent or flashing light source or which includes the illusion of an intermittent light source, not including electronic message signs or time and temperature signs.

Sign, freestanding. Any sign which is supported by structures or supports in or upon the ground and independent from any building.

Sign, ground. Any sign in contact with or in close proximity to the ground and placed upon or supported by the ground independent of any other structure. Also see "Sign, Monument" and Illustration No. 8.

Sign, height. The vertical distance measured from the normal ground level adjacent to the sign or the mean centerline street grade adjacent to where the sign is located, whichever is higher, to the highest point of such sign or sign structure.

Sign, illuminated. Any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes.

Sign, monument. A low sign independent from any building that is in contact with or in close proximity to the ground and is usually supported by ornate posts or pillars on the sides and/or a structural base of not less than 75 percent of the width of the sign face (example: a sign with a face eight feet wide would require a structural base of six feet or more in width). Also see "Sign, Ground" and Illustration No. 8.

Sign, off-premises. A sign which is not appurtenant to the use of the property where the sign is located, or to a product sold, or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as purveyor of the merchandise or services advertised upon the sign.

Sign, permanent. Any sign which is intended to be, and is so constructed as to be, of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear), and position, and in a permanent manner affixed to the ground, wall, or building.

Sign, pole. A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is ten feet or more above ground (see Illustration No. 8).

Sign, portable. A sign that is not permanent, affixed to a building, structure, or to the ground. Such sign includes "sandwich board signs" or is sometimes mounted on wheels to make it transportable (see Illustration No. 8).

Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building (see Illustration No. 8).

Sign, real estate. Any temporary sign placed on a property which is for sale, rent, or lease.

Sign, roof. A sign that is mounted on the roof of a building and which projects above the point of a building with a flat roof, including a mansard roof, and the eave line of a building with a gambrel, gable, or hip roof (see Illustration No. 8).

Sign, temporary. Any sign constructed of cloth, canvas, wood, light fabric, cardboard, wall board, plastic, or other similar materials, with or without frames, and not permanently attached to the ground, wall, or building, intended to be displayed for a short period of time.

Sign, time and temperature. An electrically controlled sign alternately displaying time and temperature for public service information. This sign information may be incorporated into a business identification sign.

Sign, wall. A 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 (see Illustration No. 8). This definition includes signs composed of individual letters or symbols.

Sign, window. A sign that is applied or attached to the exterior or interior of a window, which is usually intended to be seen from the exterior of the building (see Illustration No. 8). Signs displayed on glass panels which are integral to doors visible from the exterior of the building shall be considered to be window signs for the purposes of this Ordinance.

Sign copy. The message, announcement, words, letters, numbers, pictures, art, advertisement, and any other information or decoration on the face of a sign.

Sign face. The area or display surface used for the message.

Sign maintenance. The replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear, or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition, or color of said copy.

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

Street, arterial. A public street or highway used or intended to be used primarily for fast or heavy through traffic, whose function is to convey traffic between activity centers and municipalities. For the purpose of regulating signs, arterial streets include designated county and state trunk highways as of the adoption date of this Ordinance.

Street, collector. A public street that collects and conveys traffic between minor and arterial streets.

Street, minor. A public street used, or intended to be used, primarily for access to abutting properties. Minor streets are sometimes referred to as local streets or land-access streets.

Street yard. See "Yard, Street."

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, tanks, towers, masts, poles, booms, signs, and fences. Also, any manmade object with form, shape and utility, either permanently or temporarily attached to or placed upon the ground, riverbed, streambed, or lakebed such as campers and trailers that are not constructed on site.

Structure, principal. See "Building, Principal."

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 provided the alteration will not preclude the structure's continued designation as a historical structure. 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. "Substantial improvement" begins when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

Tavern. An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold, but only as an accessory use. A tavern may also be called a "bar."

Terrestrial antenna. See "Antenna, Terrestrial."

Tower. Any ground or roof-mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower, monopole. A communication tower consisting of a single pole and constructed without guy wires and ground anchors.

Transshipment depot. An establishment primarily engaged in undertaking the transportation of goods from shippers to receivers for a charge covering the entire transportation route and, in turn, making use of services of other transportation establishments as instruments in effective delivery.

Unnecessary hardship. The circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purposes of this Ordinance.

Use. The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

Use, accessory. A subordinate use on the same lot which is incidental and customary in connection with the principal use.

Use, conditional. Uses of a special nature as to make impractical their predetermination as a principal use in a district.

Use, principal. The main use of land or building as distinguished from a subordinate or accessory use.

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

Variance. An authorization granted by the board of zoning appeals to construct, alter, or use a building or structure in a manner that deviates from the dimensional standards of this Ordinance. A variance may not permit the use of a property that is otherwise prohibited by this Ordinance.

Vision clearance triangle. A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to severely limit or substantially obstruct the sight distance of motorists entering or leaving the intersection.

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.

Wisconsin Construction Site Best Management Practice Handbook. A book published by the Wisconsin Department of Natural Resources, Bureau of Water Resources Management, Nonpoint Source and Land Management Section, originally published in April 1989 and periodically updated. For the purposes of this Ordinance, the latest edition shall apply.

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

Yard, front. See "Yard, Street."

Yard, rear. 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 enclosed portion of the principal structure, including covered porches but not covered steps or stoops (see Illustration No. 9). This yard shall be opposite the face of the dwelling containing the "front door" or main entryway.

Yard, side. 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 enclosed portion of the principal structure, including covered porches but not covered steps or stoops (see Illustration No. 9). Lots generally have two side yards, however, a corner lot has only one side yard. The side yard setback area does not extend beyond the front building face into the street yard, or beyond the rear building face into the rear yard.

Yard, street. 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 enclosed portion of principal structure, including covered porches but not covered step or stoops (See Illustration No. 9). Where the street line is an arc, the street yard shall be measured from the arc (see Illustration No. 5). Corner lots have two such yards and one side yard and one rear yard. Corner double-frontage lots have three such yards, one on each side of the structure facing a street, while the remaining yard is a side yard. Interior double-frontage lots have two such yards and two side yards.

(Ord. No. 2004-04, § 95.1502, 5-25-04)