Zoning Portal | Definitions

A Zones Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood.  These areas may be numbered or 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.
Accessory structure A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
Accessory use A use or detached structure subordinate to the principal use of a structure, land, water, or air and located on the same lot or parcel, and serving a purpose customarily incidental to the principal use or the principal structure.
Adult arcade A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panoram, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide material for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description or simulation of “specified anatomical areas” or “specified sexual activities.”
Adult arcade A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panoram, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide material for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description or simulation of “specified anatomical areas” or “specified sexual activities.”
Adult bookstore An establishment which has a facility or facilities, including, but not limited to, booths, cubicles, rooms or stalls, for the presentation of adult entertainment, including adult oriented films, movies or live performances for observation by patrons therein; or an establishment having as a substantial or significant portion of its stock-in-trade for sale, rent, trade, lease, inspection or viewing, books, films, video cassettes, magazines or other periodicals, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities [as defined herein].
Adult entertainment Any dance, musement, show, display, merchandise, material, exhibition, pantomime, modeling or any other like performance of any type for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description or simulation of “specified anatomical areas” as defined herein, or the exhibition of “specified sexual activities,” also defined herein, or in the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patrons’ sexual desires. For the purposes of this chapter, any patron of an adult entertainment business, as defined in this section, shall be deemed a member of the public.
Adult entertainment material Any books, magazines, cards, pictures, periodicals, or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD roms, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized, by an emphasis on the depiction, description or simulation of “specified anatomical areas” or “specified sexual activities.”
Adult Family Home Adult Family Home. A private residence to which all of the following apply:
(a) 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 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 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 4, or more adults or children if all of the adults or all of the children are siblings.
(b) The private residence was licensed under s. 48.62 as a foster home for the care of the adults specified in par. (a) at least 12 months before any of the adults attained 18 years of age.

Adult motion picture theater A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by an emphasis on the depiction, description or simulation of “specified anatomical areas” or “specified sexual activities” are regularly shown for any form of consideration.
Adult retail establishment Any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business, service, or portion thereof which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rental, loan, trade, transfer, and/or provision for viewing or use off the premises of the business adult entertainment material as defined in this section. For purposes of this provision, it shall be a rebuttable presumption that 30 percent or more of a business’ stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. Indetermining whether or not the presumption is rebutted, the Common Council may consider the following factors, which are not conclusive:         
(i)  Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory;
(ii)  Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility;
(iii) Whether adult entertainment material is an establishment’s primary or one of its principal business purposes; or
(iv) Whether 30 percent or more of an establishment’s revenue is derived from adult entertainment material.
 
An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment.  Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials.
 
The Common Council shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application.

Adult-Oriented Facilities 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/or (b) which display for viewing any film or pictures depicting sexual conduct or nudity; and/or (c) in which any person appears or performs in a manner depicting sexual conduct or involving nudity.
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Alley A public right-of-way affording only secondary access to abutting properties and not intended for general traffic circulation.
Animal Hospital  A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
Antenna A specific device the surface of which is used to receive or capture incoming and/or to transmit outgoing radio-frequency (RF) signals, microwave signals, or other communications energy transmitted from or to be received by other antennas, including, but not limited to the following:
(1) Directional (or "panel") antennas, designed to receive and/or transmit signals in a directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees;
(2) Parabolic (or "dish") antennas, generally bowl-shaped devices that are designed to receive and/or transmit signals in an approximate specific direction;
(a) Microwave parabolic antennas are designed to transmit and/or receive microwave signals to or from other microwave parabolic antennas;
(b) Satellite parabolic antennas are designed to transmit and/or receive audio and/or video or data signals from satellites orbiting the earth;
(3) Other devices designed for the reception and/or transmission of radio-frequency (RF) signals or other communication technologies.

Antenna, earth station dish A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites (Also see Section 17.0503).
Antenna, terrestrial Any antenna designed to receive television and 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 free-standing towers.
Art Studio An establishment engaged in the sale or exhibit of art works such as paintings, sculpture, macramé, knitted goods, stitchery, or pottery. Art studios are also engaged in the creations of such art works and often offer instruction in their creation.
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.
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.
Audio/Video Production  An activity, not in conjunction with adult-oriented facilities, involving the production, including scripting, recording, editing and post production of audio and visual taped media for educational, entertainment or promotional purposes.
Automotive Body Repair Activities involving the repair, painting or undercoating of the body or frame of vehicles with a gross vehicle weight of 10,000 pounds or less. Body and frame repair does not include mechanical engine or power train repair.
Automotive Mechanical Repair Activities involving the maintenance, servicing or repair of automotive engines, power train, suspension and exhaust system on vehicles with a gross vehicle weight of 10,000 pounds or less. Mechanical repair does not include body and frame repair, painting or undercoating.
Automotive Sales and Service Any building, land area, or other premises for the display and sale of new or used automobiles, pickup trucks or vans, lawn and garden implements, trailers, boats, or other recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
Awning See Marquee
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.
Base flood  Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
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.
Beauty Shop  A commercial establishment where cosmetology services are offered which may include: hair care, skin care, nail care, licensed facial Microblading and micro-pigmentation, tanning, and hair removal.  Piercing, tattooing, and massage therapy are not included.
Bed and Breakfast  Any place of lodging that provides four (4) or fewer rooms for rent for more than 10 nights in a 12-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.
Bedroom A private room, 100 square feet or more in area, planned for sleeping and separable from other rooms by a door.
Billboard See Sign, off-premise.
Booths, cubicles, rooms, compartments or stalls Enclosures as are specifically offered to the public or members of an adult entertainment business for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure. This shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, “booth”, “cubicle”, “room”, “compartment” or “stall” does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee.
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Buffer yard An area of land containing 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.
Buildable area The area of the lot remaining after the minimum front setback, side setbacks, rear setback, and other open space requirements, such as wetlands, have been met.
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, vehicles or materials.
Building, height The vertical distance measured from the mean elevation of the finished lot grade along the front yard of the structure to the highest point of the roof.
Building, principal The main building or structure as distinguished from a secondary or accessory building. This includes a house in a residential district, a store in a business district, a factory in a manufacturing district, or farm buildings in an agricultural district.
Building, setback line A line within a lot or parcel of land designated, pursuant to City Zoning Code requirements, on a plat of a proposed subdivision within which, and the adjacent boundary of the street upon which the lot abuts, the erection of an enclosed structure or portion thereof is prohibited.
Building, temporary Any building not designed to be permanently located in the place where it is currently located, or where it is intended to be located.
Bulkhead line A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance.
Bulletin board See Sign, Bulletin
Campground  Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.
Camping unit Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle.
Candela A measure of light intensity. A candela is equal to 1/60 of the luminous intensity per square centimeter of a blackbody radiating at the temperature of solidification of platinum (2,046º K.) By comparison, a "foot-candle" is the illumination of a surface one foot distant from a source of one candela, or one lumen per foot.
Canopy See Marquee
Car or Truck Wash  Any facility used for the washing of vehicles requiring the installation of special equipment.
Certificate of Compliance A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance.
Channel A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
City The City of Oak Creek, Wisconsin.
Co-Location Locating wireless communication facilities from more than one provider on a single site.
Commercial site When used in the context of outdoor lighting, a tract consisting of one or more contiguous lots or parts of lots which are used for interdependent ingress and egress of vehicles and containing one or more off-street loading or parking facilities; or any commercial site having five or more parking stalls.
Commercial Vehicle Sales and Services Any building, land area, or other premises for the display and sale of large trucks and equipment, typically used in commercial and industrial operations, and including any warranty repair work and other repair service conducted as an accessory use. For the purpose of this Chapter, commercial trucks are trucks with a gross vehicle weight in excess of 10,000 pounds.
Community-based residential facility A place where 3 or more unrelated adults reside in which care, treatment or services above the level of room and board but not including nursing care are provided to persons residing in the facility as a primary function of the facility.
Conditional uses Uses of a special nature as to make impractical their predetermination as a permitted use in a district. Conditional uses have been used in zoning ordinances as flexible devices, which are designed to cover situations where a particular use, although not inherently inconsistent with the use classification of a particular zoning district, may create special problems and hazards if allowed to develop and locate as a matter of right in a particular zoning district. Conditional uses are issued to properties, not individuals, and their continued use runs with the property, not with the owner.
Covered parking facility When used in the context of outdoor lighting, a parking facility with an overhead covering and shall include all floors, except the roof level of multilevel parking structure or ramp.
Crawlways or crawl space An enclosed area below the first usable floor of a building, generally less than five (5) feet in height, used for limited access to plumbing and electrical utilities.
Curb elevation The elevation of the established curb in front of a building or structure generally used as a reference point in establishing yard grades. Where curb has not been installed, the mean centerline elevation of the street in front of the building or structure shall be used as the reference point.
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Deck An unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
Department The Wisconsin Department of Natural Resources.
Development Any artificial 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 alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.
District, basic A part or parts of the City 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.
Driveway When used in the context of outdoor lighting, every way or area used for vehicular travel on private property adjacent to the street right-of-way.
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Dryland access A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief 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 travel trailers.
Dwelling unit A group of rooms including at least a kitchen or kitchenette, sanitary facilities, and a bedroom; and providing, or intended to provide, living quarters for not more than one (1) family.
Dwelling unit, efficiency A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette facilities and sanitary facilities.
Dwelling, bi-level A two-level dwelling with one level above grade, and the other level partially above grade and partially below grade. The lowest level may or may not have exterior access. For the purpose of measuring living area, the Building Commissioner or a designee 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, tri-level A three-level dwelling with two levels above grade, and a third level partially above grade and partially below grade. The lowest level may or may not have exterior access. For the purpose of measuring living area, the Building Commissioner or a designee 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.
Election campaign period In the case of an election for office, the period beginning on the first day of circulation of nomination papers by candidates or the first day that candidates would circulate nomination papers were papers to be required, and ending 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.
Encroachment Any fill, structure, equipment, building, use or development in the floodway.
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.
Existing manufactured home park or subdivision A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads.
Expansion to existing mobile/manufactured home park The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads.
Family A family may consist of a person living alone or any of the following groups living together in a dwelling unit and sharing common living, sleeping, cooking and eating facilities: (1) Any number of people related by blood, marriage, adoption, guardianship or other duly authorized custodial relationships; (2) Two unrelated people. (3) Two unrelated people and any children related to either of them. A family does not include: (1) Any society club, fraternity, sorority, association, lodge, combine, federation or other like organization. (2) Two or more individuals whose association to each other is temporary and/or seasonal in nature; (3) More than one person determined to be a sexually violent person under Chapter 980, Wisconsin Statutes. (4) Three or more people who are granted a Conditional Use Permit as a Function Family Unit, provided that a Conditional Use Permit for a Functional Family Unit shall be personal to the Functional Family Unit.
Federal Emergency Management Agency (FEMA) The federal agency that administers the National Flood Insurance Program.
Fence An artificially constructed barrier of any material or combination of materials erected to enclose, decorate, or screen areas of land.
Fence, ornamental An architecturally attractive fence with a minimum of fifty (50) percent open space intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or lot line; or frame a driveway, walkway, or planting bed. Ornamental fences are often of the rail, or wrought iron type. A chain link or wire fence is not considered an ornamental fence.
Fence, residential A fence intended to identify residential property lines, provide for privacy, and/or to protect members of a household, especially children. A residential fence may also secure a private swimming pool against unauthorized entry. Residential fences are usually four to six feet in height. Residential fences are often of the picket, rail, stockade, board-on-board, board and batten, basket weave, or louvered type, and may include chain link fences.
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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 usually exceed six feet in height, are often made of wrought iron or woven wire, and may incorporate additional security features such as barbed wire.
Flood frequency The probability of a flood occurrence which is determined from statistical analyses. 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 rate map (FIRM) A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.
Flood insurance study (FIS) A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.
Flood or flooding A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: (a) The overflow or rise of inland waters, (b) The rapid accumulation or runoff of surface waters from any source, (c) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior, or (d) 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 profile A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.
Flood protection elevation An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: Freeboard.)
Flood storage That area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge.
Floodfringe That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water.
Floodplain Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
Floodplain management Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
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.
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 ratio (FAR) The gross floor area of all buildings on the lot divided by the lot area. This is often expressed as a percentage of the lot. Floor area ratio differs from lot coverage in that the floor area of all floors of each building is used in making the calculation.
Floor area,gross The sum of the gross horizontal areas of the floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
Floor area,net The total of all floors areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading space; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. Very often, for ease of administration, net floor area is expressed as gross floor area minus a certain percentage. Empirically, stairwells, elevator shafts, equipment rooms, and utility rooms generally average out to about 15 percent of the gross floor area.
Foot-candle The illumination of a surface one-foot distant from a source of light equivalent to one candle.
Freeboard A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.
Front setback A line established on a parcel of land for the purpose of identifying the nearest point a principal or accessory structure may be placed to a lot line or right-of-way line. The minimum required horizontal distance between the front property line and the nearest foundation wall of a principal or accessory building, excluding overhangs, uncovered steps and stoops, gutters and awnings. Where the street line is an arc, the setback shall be measured from the arc.
Front yard A regulated area on a developed parcel of land. The yard area bounded by the front lot line, the side lot lines and the front foundation wall of a principal building , excluding overhangs, uncovered steps and stoops, gutters and awnings.
Frontage The dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the dimension measured along the shoreline.
Functional family unit In RS-1, RS-2, RS-3, and RS-4, single family residential zoning districts, and RD-1, RM-1 and agricultural zoning districts, a functional family unit shall consist of a group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purposes of zoning restrictions in single family residential neighborhoods. In determining whether or not a group of unrelated individuals is a functional family unit under this definition, the following criteria must be used. (1) The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit. (2) The following factors shall be considered in determining whether a functional family exists: (a) The presence of minor dependent children regularly residing in the household; (b) Evidence of shared household expenses; (c) Whether or not different members of the household have the same address for purposes of voter registrations, drivers� licenses, motor vehicle registrations, summer or other residences and the filing of taxes; (d) Enrollment of dependent children in local schools; (e) Any other evidence reasonably related to whether or not the group or persons have functioned as a family unit as defined in this ordinance.
Habitable structure Any structure or portion thereof used or designed for human habitation.
Height of tower The vertical distance measured in feet from the average existing level of the ground surrounding the tower and within ten feet thereof to the topmost point of the tower including any antenna or other appurtenances. The existing elevation shall mean the actual or approved elevations of the property at the time of application.
High flood damage potential Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.
Historic structure Any structure that is either: (a) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register, (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district, (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.
Housing for the elderly A dwelling unit or units designed and constructed to be occupied by elderly persons and their spouses. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises.
Increase in regional flood height A calculated upward rise in the regional flood elevation, equal to or greater than 0.01 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge.
Inspection unit The building inspection unit.
Installation When used in the context of outdoor lighting, the attachment or assembly, whether or not connected to a power source, of any outdoor light fixture affixed to the ground, a building, a pole or any other supporting structure or device.
Land use Any nonstructural use made of unimproved or improved real estate. (Also see Development.)
Legal nonconforming structure A building or structure lawfully existing at the time of adoption of the Zoning Ordinance which houses a use which is permitted in the district, but does not comply with all the applicable area, height, yard, and/or parking requirements of the district in which it is located.
Legal nonconforming use Any use of land, or land and buildings in combination, lawfully existing at the time of adoption of the Zoning Ordinance, which does not comply with the use regulations for the district in which it is located.
Light trespass Stray light or spill light flowing onto adjacent property or into the street.
Lighting source Any lamp or manufactured device emitting energy that is capable of exciting the retina and producing a visual sensation. The energy emitted falls within the electromagnet spectrum to a length of between 380 and 770 nanometers.  Such devices shall include, but are not limited to incandescent, fluorescent, carbon arc, quartz-iodine/tungsten halogen, low-pressure sodium, high-pressure sodium, metal halide and mercury vapor lamps.
Living area The total area bounded by the exterior walls of a building at the floor levels, but not including basement, garages, porches, breezeways, and unfinished attics.
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Loading area A completely off-street 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 A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon.
Lot area, gross The total area within the lot lines of a lot, including any street rights-of-way.
Lot area, net The total area within the lot lines of a lot, excluding any street rights-of-way.
Lot coverage That portion of the lot that is covered by buildings, structures, and paved surfaces. This is often expressed as a percentage of the lot. Lot coverage differs from floor area ratio in that only the ground floor of each building is used in making the calculation.
Lot width The horizontal distance between side lot lines of a lot measured at right angles to its depth along a straight line and parallel to the front lot line, or its chord if on a curve. Lot widths may vary in width, especially on cul-de-sac lots and lots on curved streets, from the front of the lot to the back of the lot. A lot is not considered buildable unless the minimum lot width required for the district in which the lot is located is maintained at the front setback line and for a distance of 30 feet immediately behind the front setback line.
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Lot, corner A lot situated at the junction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.
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Lot, double frontage A parcel of land, other than a corner lot, with frontage on more than one street or with frontage on a street and a navigable body of water.
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Lot, interior A lot abutting a single street and which is bounded by adjacent lots along its side and rear lot lines.
Manufactured dwelling Any structure or component thereof which is intended for use as a dwelling and (1) is of closed construction and fabricated or assembled on site or off site in manufacturing facilities for installation, connection or assembly and installation on the building site; or (2) is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation on the building site and for which certification is sought by the manufacturer pursuant to the Wisconsin Uniform Dwelling Code. A single or double width manufactured (mobile) home is not considered a manufactured dwelling.
Manufactured home A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle".
Manufacturing Activities involving the mechanical or chemical transformation of materials or substances into new products.
Marquee A roof-like structure of a permanent nature which projects from the wall of a building and may overhang the street right-of-way. A marquee may also be called a canopy or an awning.
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. A mobile home exceeding statutory size limits under Section 348.07(2) of the Wisconsin Statutes shall be considered a primary housing unit. A mobile home not exceeding the statutory size under Section 348.07(2) shall be considered a touring or recreational vehicle. [SOURCE: Section 340.01(29), Wis. Stat.]
Mobile recreational vehicle A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles."
Modification A departure from the rules and regulations set forth in this Chapter where a particular use is not required to meet the stated requirements of the Ordinance. Examples would include not requiring steeples and antenna to comply with the stated building height requirements for principal buildings; or not requiring roof overhangs, fences, or accessory buildings to comply with side or rear setback requirements for principal buildings. The Ordinance may limit the amount of modification from the stated requirements for given structures or uses.
Modular unit A factory fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.
Motor home A vehicle designed to be operated upon a highway or as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.
Municipality or municipal The county, city or village governmental units enacting, administering and enforcing this zoning ordinance.
Navigable water Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all rivers, 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.
New construction For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.
NGVD or National Geodetic Vertical Datum Elevations referenced to mean sea level datum, 1929 adjustment.
Nonconforming structure An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this Chapter. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.)
Nonconforming use An existing lawful use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.)
Non-shielded or non-cutoff lighting fixtures Shall mean all types of outdoor lighting fixtures other than shielded or cutoff lighting fixtures and includes any lighting fixture that employs an adjustable bracket, refractorizing glassware or lenses, non shielding lamp or light source and distributes light at any angle less than four degrees above horizontal.
Nudity The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaqued covering of any portion thereof below the top of the areola, or the human male genitals in a discernible turgid state even if completely or opaquely covered.
Obstruction to flow Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.
Official floodplain zoning map That map, adopted and made part of this ordinance, as described in Section 17.0321(e)(2), which has been approved by the Department and FEMA.
Open parking facilities When used in the context of outdoor lighting, a parking facility without an overhead covering and shall include the roof level of a multilevel parking structure or ramp.
Open space use Those uses having a relatively low flood damage potential, such as agriculture, recreation, parking or storage yards and not involving structures.
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 characteristic.
Outdoor canopy When used in the context of outdoor lighting, a free-standing roof structure without side walls which may or may not be attached to the roof of an adjacent building and shall include but not be limited to canopies over gas stations or canopies at convenience stores.
Outdoor lighting fixture Lighting sources, which are electrically powered illuminating devices, lighted or reflective surface lamps and similar devices permanently installed or portable used for illumination or for advertisement.  Such device shall include, but not be limited to searchlights, spotlights, floodlights, streetlights, sign lights, security lights, wall lights, porch lights, area lights, parking lights and sign panels.
Outdoor merchandising When used in the context of outdoor lighting, car sales lots, equipment sales lot, retail gasoline stations, garden centers, and other similar areas where products are permanently displayed or dispensed outdoors.
Parking lot An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. Parking lots include rows of parking spaces, the aisles from which motor vehicles enter and leave the spaces. Ingress and egress drives from the parking lot to the public street are not part of the parking lot.
Performance standard A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare or heat, and lighting intensity or spill-over generated by or inherent in uses of land and buildings.
Premises A lot, parcel, tract or plot of land together with the buildings and structures thereon.
Principal Use See "Use, Principal"
Private sewage system A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.
Public utilities Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.
Rear setback A line established on a parcel of land for the purpose of identifying the nearest point a principal or accessory structure may be placed to a lot line or right-of-way line. The minimum required horizontal distance between the rear internal lot line and a line parallel thereto through the nearest foundation wall of the principal or accessory structure, excluding overhangs, uncovered steps and stoops, gutters and awnings.
Rear yard A regulated area on a developed parcel of land. The yard area bounded by the rear lot line, the side lot lines and the rear foundation wall of the principal structure, excluding overhangs, uncovered steps and stoops, gutters and awnings.
Reasonably safe from flooding Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
Regional flood A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
Residential site When used in the context of outdoor lighting, a single parcel in a residential zone containing a residential structure with one or more dwelling units with parking areas for one or more cars.
Right-of-way A strip of land acquired by a public entity and intended to accommodate a specific public purpose or use.
Seat and seating Furniture upon which to sit having a linear measurement not less than 24 inches across the surface used for sitting.
Setback The minimum required horizontal distance between an internal lot line or the street right-of-way and the regulated structure or item. (See also "front setback", "side setback", and "rear setback")
Seven-County Southeastern Wisconsin Region The region of Wisconsin comprised of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha counties.
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.
Shielded or cutoff lighting fixture Outdoor lighting fixtures that utilize flat, clear lenses with no refractorizing elements and which operates in a horizontal position with nonadjustable elements which operate in a horizontal position with nonadjustable mounting hardware or brackets. Such fixtures distribute light by means of an internal reflector only. The light source is totally concealed by fixture housing of an internal reflector only. The light source is totally concealed by the fixture housing when the position of observation is at an angle less than fifteen degrees above horizontal. No light is permitted at an angle less than four degrees above horizontal.
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 non- navigable streams before ditching or had no previous stream history; and (c) such lands are maintained in non-structural agricultural use.
Side setback A line established on a parcel of land for the purpose of identifying the nearest point a principal or accessory structure may be placed to a lot line or right-of-way line. The minimum required horizontal distance between the side internal lot line and a line parallel thereto through the nearest foundation wall of the principal or accessory structure, excluding overhangs, uncovered steps and stoops, gutters and awnings.
Side yard A regulated area on a developed parcel of land. The yard area bounded by the side lot line, the side foundation wall of the principal structure, excluding uncovered steps and stoops, gutters and awnings, the front yard and the rear yard.
Sign Any medium, including sign face, words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trade marks 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 copy The message or advertisement, and any other symbols on the face of a sign.
Sign face The area or display surface used for the message.
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Sign, abandoned Any sign which has been discontinued for a period of 12 consecutive months which sign advertises or identifies an activity that has been discontinued for 12 consecutive months shall be considered abandoned.
Sign, awning A sign that is mounted or painted on, or attached to an awning, canopy, or marquee.
Sign, bulletin A sign which directs attention to municipal, civic, educational, religious or other nonprofit organizational buildings or activities; that is located or to be located upon the premises where the sign is located or is located upon a premises other than where the sign is located.
Sign, canopy Any sign or letter placed on a canopy.
Sign, directional A sign that does not advertise, but merely draws attention to a business or development by indicating, no more than, the direction and distance it is from the sign.
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Sign, ground Any sign placed upon a pole or other support independent of any other structure, where the sign height does not exceed 10 feet.
Sign, marquee Any sign attached to a marquee.
Sign, memorial A sign or plaque noting such information as the name of the building, when it was built and by whom.
Sign, name A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
Sign, off premise A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
Sign, pole A sign that is mounted on a free standing pole or other support so that the bottom of the sign is 12 feet or more above grade.
Sign, portable A sign that is not permanently affixed to a building, structure, or to the ground. Such sign is sometimes mounted on wheels to make it transportable.
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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. 
Sign, roof A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
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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.
Sign, warning. A sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.)
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Sign, window A sign that is applied or attached to the exterior or interior of a window or located in such manner within the building that it can readily be seen from the exterior of the building through a window. 
Specified anatomical areas (1) Less than completely and opaquely covered human genitals, pubic regions, buttocks, anus, or female breast below a point immediately above the top of areolae; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities (1)  The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one person by an-other; or (2) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or (3) Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered.
Start of construction For floodplain management purposes, "start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Street A public right-of-way not less than 50 feet wide providing primary vehicular access to abutting properties.
Street setback A line established on a parcel of land for the purpose of identifying the nearest point a principal or accessory structure may be placed to a lot line or right-of-way line. The minimum required horizontal distance between the right-of-way line of the second street of a corner lot and a line parallel thereto through the nearest foundation wall of the principal or accessory structure, excluding overhang, uncovered steps and stoops, gutters and awnings. 
Street yard A regulated area on a developed parcel of land. The yard area bounded by the second street right-of-way of a corner lot, the front yard, the foundation wall of the principal structure and the lot line opposite the front lot line.
Structural alterations Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders.
Structure Anything erected or constructed, such as buildings, prefabricated or pre-built buildings, towers, masts, poles, booms, signs, bridges, culverts and carports. Appurtenances constructed at or below grade such as patios, driveways, or sidewalks are not considered to be structures.
Subdivision Has the meaning given in s. 236.02(12), Wis. Stats.
Substantial damage Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.
Surprised Release  “Chapter 980 Stats. supervised release use.  An occupancy use of a dwelling unit pursuant to a plan of the Department of Health and Family Services, a Court order, or as may otherwise result from or be provided for under Chapter 980 of the Wisconsin Statutes, which occupancy use is the supervised release of a sexually violent person.”
Sustained yield forestry Management of forested lands to provide annual or periodic crops of forest products.
Temporary signs Include but are not limited to banners, emblems, portable signs, inflatables, wind signs including balloons, pennants and streamers or any other sign that moves in the wind (excluding national or state flags), or any other temporary advertising media intended to identify, convey information, or direct attention to a product, service, place, activity or business. 
Tower A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include (a) self-supporting lattice, (b) guyed, and (c) monopole.
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.
Uniformity ratio The ratio between the average illumination and the minimum illumination as determined by measurements taken on a four-foot grid throughout the area to be lighted.
Unnecessary hardship The circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards (such as lot area, lot width, setbacks, yard requirements, or building height) unnecessarily burdensome or unreasonable in light of the purpose of this Chapter. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property.
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, principal The main use of land, or land and buildings in combination, as distinguished from a secondary or accessory building, including, but not limited to, a house in a residential district, a store in a business district, a factory in a manufacturing district, or crops or farm buildings in an agricultural district. Within the zoning districts in this Chapter, the principal use is also referred to as the "permitted 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, municipal warehouses, municipal shops, and municipal storage yards.
Variance An authorization granted by the Zoning Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this Chapter. A variance may not permit the use of a property that is otherwise prohibited by this Chapter. No variance may be granted to allow any floor below the regional flood elevation.
Violation The failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided.
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 limit or obstruct the sight distance of motorists entering or leaving the intersection.
Water surface profile A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.
Watershed The entire region contributing runoff or surface water to a watercourse or body of water.
Well An excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use.
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.
Wireless telecommunication services Licensed wireless telecommunication services including, but not necessarily limited to, 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.
Woodland An area of wooded land at least one acre in size and containing deciduous or coniferous trees; that, at least fifty (50) percent of which, are either twenty (20) feet or more in height or have a trunk diameter, six (6) inches above the ground, of at least four (4) inches.
Yard An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward except the vegetation. Front yards and rear yards extend the full width of the lot. (Also see "Front Yard," "Rear Yard," "Side Yard," and "Setback")
Alley
Buffer yard
Buildable area
Building, height
Deck
Dryland access
Fence, security
Front setback
Front yard
Loading area
Lot, corner
Lot, double frontage
Lot, interior
Rear setback
Rear yard
Side setback
Side yard
Sign, abandoned
Sign, ground
Sign, off premise
Sign, projecting
Sign, wall
Sign, window
Street setback
Street yard