§ 28-2. Definitions.

(a)

The following rules of construction apply to this chapter: words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number; the word "shall" is mandatory and not directory; the word "person" includes an individual, all partnerships, associations and bodies political and corporate; the word "lot" includes the words "plot," "parcel" or "tract;" the words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."

(b)

The following terms for purposes of this chapter shall have the meaning stated below:

Accessory apartment means a separate complete housekeeping unit that is substantially contained within the structure of a single-family dwelling, but can be isolated from it.

Accessory building means a building or portion of a building used for a purpose customarily incidental to the permitted principal use of the lot or to a principal building and located on the same lot as the principal use.

Alley means a public right-of-way which affords only a secondary means of access to abutting property.

Apartment means a suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single-family, individual or group of individuals with separate facilities and utilities which are used or intended to be used for living, sleeping, cooking and eating.

Apartment house. See Dwelling, multiple.

Basement means that portion of a building that is partially or wholly below ground level. This portion serves as a substructure or foundation for a building.

Bed and breakfast establishment means An owner occupied, single-family dwelling unit at which overnight sleeping accommodations are offered to travelers by the owner.

Village boardinghouse means a building other than a hotel or restaurant where lodging and meals 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.

Building means any structure used, designed or intended for the roofed shelter, enclosure or protection of persons, animals or property.

Building, height of, means the vertical distance measured from the average established street grade in front of the lot or the average finished grade at the front building line, whichever is higher, to the highest point of the roof, but not to include penthouses. (See definition of Penthouse.)

Building, principal or main, means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Clinic, medical or dental, means a group of medical or dental offices organized as a unified facility to provide medical or dental treatment as contrasted with an unrelated group of such offices, but not including bed-patient care.

Club or lodge means a building or portion thereof or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Community living arrangement means the following facilities licensed, operated or permitted under the authority of child welfare agencies under Wis. Stats. § 48.60; group foster homes for children under Wis. Stats. § 48.02(7m), and community based residential facilities under Wis. Stats. § 50.01, but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. The establishment of a community living arrangement shall be in conformance with Wis. Stats. chs. 72 and 205, and amendments thereto.

Conditional use means a use, either public or private, which because of its unique characteristics cannot be properly classified as a permitted use in a particular district or districts and, therefore, may be permitted in such district or districts only by conditional use permit.

Dwelling means any building or portion thereof which is designed for or used for residential purposes.

Dwelling group means a group of dwellings, each containing one or more dwelling units and all occupying one lot or zoning lot as defined herein.

Dwelling, multiple, means a building or portion thereof used or designated as a residence for three or more families as separate dwelling units including, but not limited to, apartment houses, townhouses and two-family dwellings.

Dwelling, single-family, means a building designed for and occupied exclusively by one family. Manufactured homes, as defined in this definition section, designed for and occupied exclusively by one-family are single-family dwellings.

Dwelling, two-family, means a building designed for and occupied exclusively by two families living independently of each other. Manufactured homes, as defined in this section, designed for and occupied exclusively by one family are single-family dwellings.

Dwelling unit means any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

Family means any number of persons related by blood, adoption or marriage or not to exceed five persons not so related, living together in one dwelling unit.

Floor area means for the purpose of determining off-street parking and off-street loading requirements. The sum of the gross horizontal areas of several floors of the building or portion thereof, devoted to a use requiring off-street parking or loading. This 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, the production or processing of goods or 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.

Frontage means all property abutting on one side of a street between two intersecting streets or between an intersecting street and the dead-end of a street.

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

Garage, private, means a detached accessory building or portion of the principal building which is used primarily for storing passenger vehicles.

Garage, public, means any building or portion thereof, not accessory to a residential building or structure, used for equipping, servicing, repairing, leasing or public parking of motor vehicles.

Gasoline service stations means a place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. A gasoline service station might also include facilities for greasing, oiling, washing and minor repair of vehicles on the premises, but not including any major body repair facilities.

Grade means when used as a reference point in measuring height of building, the grade shall be the average elevation of the finished ground at the exterior walls of the main building.

Home occupation means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services that is clearly secondary to the residential use and does not change the character of the structure as a residence and meets all the limitations of division 4 of article IV, pertaining to home occupations.

Hospital means an institution intended primarily for the medical diagnosis, treatment and care of patients being given medical treatment. A hospital shall be distinguished from a clinic by virtue of providing for bed-patient care.

Hotel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms available for transients, with no cooking facilities in any individual room or apartment.

Junkyard means any place at which personal property is or may be salvaged for reuse, resale, reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted including, but not limited to, used, salvaged or new scrapped base metal or metals, their compounds or combinations, used for salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter, and used motor vehicles, machinery or equipment which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Loading space means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, having adequate ingress and egress to a public street or alley.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter and having its principal frontage on a public or approved private road.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land designated for public thoroughfare.

Lot, corner, means a lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degree or less measured on the lot side.

Lot, depth of, means the mean horizontal distance between the front and rear lot lines.

Lot, interior, means a lot other than a corner lot.

Lot, line, means the legally established lines dividing one lot, plot of land or parcel of land from an adjoining lot, plot of land or parcel of land as defined herein.

Lot line, front, in the case of an interior lot or through lot, means a line separating the lot from the street right-of-way or approved private road right-of-way and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.

Lot line, rear, means a lot line which is opposite and most distant from the front lot line and in the case of an irregular or triangular shaped lot, a line ten inches in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side, means any lot boundary line not a front lot line or a rear lot line.

Lot of record, means a platted lot of a recorded subdivision, certified survey map or parcel of land for which the deed prior to the adoption of this chapter is on record with the Barron County Register of Deeds and which exists as described therein.

Lot, through, means an interior lot with frontage on two streets.

Lot width, minimum, means the minimum lot width shall be satisfied by the width of the lot at the front building line (street side) of the principal building and by the overall average width of the lot. In the case of shoreline property as defined in section 28-449, the minimum lot width shall be satisfied by the width of the lot at the rear building line of the principal building and by the overall average width of the lot.

Manufactured home means a structure certified and labeled as a manufactured home under 42 USC 5401 to 5426, which, when placed on the site:

(1)

Is set on a permanent foundation in accordance with Wis. Stats. § 70.043(1), and Wis. Admin. Code ch. Comm 21, subchs. III, IV and V, or is set on a comparable permanent foundation system approved by the building inspector. A foundation is defined as lasting, fixed and nonportable.

(2)

Is installed in accordance with the manufacturer's instructions.

(3)

Utility installations and structural attachments shall be in conformity with the Wisconsin Uniform Dwelling Code. Wheels, axles and pulling apparatus shall be removed.

(4)

The home shall be equipped with a foundation enclosure, of which in design and texture must appear to be an integral part of the adjacent exterior of the manufactured home. In no circumstances will a homemade surround be permitted, specifically corrugated plastic or metal or T-111 type material unless the siding of the home has such siding, foundations or any parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity.

Mobile home means:

(1)

A structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling unit or without permanent foundation, when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. A mobile home includes any additions, attachments, annexes.

(2)

A mobile home should not be confused with a recreational vehicle as defined herein nor shall it include modular or prefabricated dwelling units which meet or exceed the requirements of the Wisconsin Building Code or this chapter.

(3)

A modular home, as defined in this section, is not a mobile home.

Modular units means 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.

Motel. See Hotel.

Mobile home, dependent, means a mobile home which does not have complete bathroom facilities.

Mobile home, double-wide, means a mobile home consisting of two sections combined horizontally at the site while still retaining their individual chassis.

Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.

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

Nonconforming lot means a lot of record existing on the date of passage of the ordinance from which this chapter is derived, occupied or intended to be occupied by a principal building or structure, together with accessory buildings and uses, having sufficient size to meet the lot width, lot area, yard, off-street parking areas or other open space provisions of this chapter.

Nonconforming structure means a lawful structure which exists on the date of passage of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yard setbacks or other characteristics of the structure.

Nonconforming use means a lawful use of land which exists on the date of passage of the ordiannce from which this chapter is derived that would not be lawful in the district in which it is situated under the terms of this chapter.

Nursing home, rest home, or convalescent home means a place which undertakes through its ownership or management to provide maintenance, personal or nursing care for three or more persons who by reason of illness, physical handicap or old age are unable to care for themselves.

Off-street parking area means a structure, premises or area of a lot designed to accommodate parked motor vehicles having adequate ingress and egress to a public street.

Off-street parking space, means a space containing 180 square feet within a parking area for the parking of motor vehicles, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

Penthouse means an enclosed or partially enclosed structure extending above the main roof of a building or structure and/or enclosing a stairway, tank, elevator, machinery, mechanical equipment or other apparatus and not used for human occupancy.

Planning commission means where the phrase "planning commission" appears, this refers to the planning commission of the village. The planning commission is appointed by the village president and confirmed by the village board, pursuant to Wis. Stats. § 62.23.

Planned unit development means a large lot or tract of land containing two or more principal buildings or uses, developed as a unit where such buildings or uses may be located in relation to each other rather than to a lot line or zoning district boundaries.

Professional office means the office of a doctor, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, artist, musician, realtor, insurance agent or other similar recognized profession.

Roominghouse. See Village boardinghouse.

Recreational vehicle means:

(1)

Any vehicle or structure designed and used for temporary, seasonal human living quarters which meets all of the following qualifications:

a.

Is not used as the permanent residence of the owner or occupant.

b.

Is used for temporary living quarters by the owner or occupant while engaged in recreation or vacation activities.

c.

Is towed or self-propelled on public streets or highways incidental to such recreation or vacation activities.

(2)

Examples of such vehicles include van campers, tent camping trailers, self-contained travel trailers, pickup campers, camping buses and self-contained, self-propelled truck chassis mounted vehicles providing living accommodations.

Recreational vehicle camp means a park, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying the location or accommodations for any recreational vehicles as defined herein and upon which such recreational vehicles are parked.

Setback lines means lines established parallel to rights-of-way, lot lines or water bodies for the purpose of defining limits within which structures, buildings or uses must be constructed or maintained.

Sign means any emblem, painting, banner, pennant, placard, design, identification, description, illustration or device, illuminated or nonilluminated, to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise. For the purpose of removal, signs shall also include all sign structures.

Story means that part of a building between a floor and next floor above and if there is no floor above, the ceiling above. A basement is a story if more than one-half its height is above the average grade level.

Street means a right-of-way dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. An alley shall not be considered a street.

Structural alterations means any change which increases, extends or enlarges a building and/or any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure means a combination of materials other than natural terrain or plant growth erected or constructed to form a shelter, enclosure, retainer, container, support, base, pavement or decoration.

Use means the purpose for which land, structures or portions thereof are occupied or maintained.

Use, accessory, means a use which is clearly and customarily incidental to and located on the same lot as a principal use.

Use, permitted, means a principal or accessory use of land or structure, which is allowed as a matter of right within a particular district or districts, provided it conforms to all applicable requirements and standards of the district.

Use, principal, means the primary or main use of land and structures as distinguished from a subordinate or accessory use.

Variance means a relaxation of the terms of this chapter by the village board of appeals where the literal enforcement of this chapter would deny to the property owner a use of his property enjoyed as a right by other property owners within the same zoning district.

Vision setback area means an unoccupied triangular space at the intersection of highways or streets with other highways or streets or at the intersection of highways or streets with railroads. Such vision clearance triangle shall be bounded by the intersecting highway, street or railroad right-of-way lines and a setback line connecting points located on such right-of-way lines by measurement from the intersection as specified in this chapter.

Yard or setback means an open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, front, means a yard extending the full width of the lot between the front lot line and the nearest part of the principal building, including eaves, but excluding uncovered steps. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimensions.

Yard, rear, means a yard extending the full width of the lot between the rear lot to the nearest part of the principal building, including eaves.

Yard, side, means a yard on each side of the principal building extending from the nearest part of the principal building, including eaves, to the lot line and from the front yard line to the rear yard line.

Zoning lot means a parcel of land considered or treated as a single unit. A zoning lot may or may not correspond with a lot of record.

(Code 1989, § 13-1-24; Ord. of 10-5-2004, § 13-1-24)