§ 42-4. Definitions.

(a)

General interpretation. For the purposes of this chapter, and when not inconsistent with the context, words used herein in the present tense include the future, words in the singular number include the plural and words in the plural number include the singular; the term "person" may be taken for persons, associations, co-partnership or corporation; the term "structure" includes buildings; the term "occupied" includes designed or intended to be occupied; the term "used" includes designed or intended to be used; the term "shall" is always mandatory and not merely permissive; the term "town" refers to the town of Waukesha, Waukesha County, Wisconsin; the term "plan commission" refers to the town plan commission established under Wis. Stats. § 62.23 or any other agency created by the town board and authorized by statute to plan land use; and reference to any officer such as "clerk-treasurer," "building inspector," "planner," "engineer," or "attorney" means that officer appointed or otherwise officially designated by the town in such capacity.

(b)

Specific words and phrases. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Apartment means a suite of rooms or a room in a multiple-dwelling unit in which such suite or room is arranged, intended or designed to be occupied as a residence of a single-family, individual or group of individuals.

Attached, detached and semi-detached single-family dwelling means:

(1)

Attached means a single-family dwelling with other single-family dwellings on both sides and separated only by party walls in common.

(2)

Detached means a single-family dwelling autonomous within its own exterior walls and separated from other buildings by air space.

(3)

Semi-detached means a single-family dwelling with three autonomous walls and the fourth wall being a party wall in common. A side-by-side duplex consists of two semi-detached dwellings. The end units of a row of townhouses are also classified as semi-detached units.

Base setback line means the ultimate street line, as established by section 42-36(a)(1), and from which all required setbacks shall be computed. See Exhibit A on file in town hall.

Basement means 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. Basements shall not be considered as part of the living area requirements.

Boardinghouse means a building or premises where meals or meals and lodging are offered for compensation for five or more persons, but not more than 12 persons, and having no more than five sleeping rooms for this purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant. An establishment with more than five sleeping rooms shall be deemed a hotel.

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

Building, accessory, means a building or portion of a building subordinate to the principal building, and not attached to it, and used for a purpose customarily incidental to the permitted use of the principal building.

Building footprint means the area of all roofed structures on a lot, except for the area of a roof overhang that measures 24 inches or less in depth.

Building, height of, means the vertical distance from the finished grade at the building setback line, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the height of the highest gable of a gambrel, hip or pitch roof.

Building, principal, means the main building on a lot, intended for primary use as permitted by the regulations of the district in which it is located. Any building in an agriculture or residence district intended to be used for human habitation shall constitute the principal building, except in the case of a permitted guesthouse.

Building setback line means the horizontal distance between the base setback line and the nearest roofed or enclosed portion of a building. See Exhibit A on file in town hall.

Building unit in a planned development project means each building separated from others by a party wall shall be considered a separate building unit. Each dwelling in a row house group is a separate building unit. A single store, in a row of stores, separated from the next by a fire wall is considered to be a building unit. Each apartment in an apartment building is considered to be a building unit, etc. A freestanding single-family home is one building unit.

Commercial trailer means a trailer that is over 20 feet in length. A trailer, for purposes of this definition, is a device that is drawn by a motor vehicle to transport upon a highway goods, merchandise, equipment, machinery, or similar property used in conjunction with a business.

Commercial vehicle means a vehicle that is designed to transport passengers or property upon a highway that has a gross vehicle weight rating (GVWR) of 14,001 pounds and above and may not require a commercial driver license in the state. Whether the ownership and/or use of the vehicle is commercial or non-commercial is not relevant to the definition.

County means Waukesha County.

District means an area of the town for which the regulations governing the use and size of premises and the use, size and height are the same.

Dog means a domestic mammal (Canis familiaris) closely related to the common wolf, but not including coyotes, wolf mixes or hybrids of wolves or coyotes.

Dwelling, multiple, means a building or portion thereof designed for and occupied by two or more families including two-family flats, duplexes and apartment houses.

Dwelling, one-family, means a detached or semi-detached building designed for and occupied exclusively by one family.

Enclosed area means the area which is inside of a building that has at least four walls and a roof as defined in Wis. Stats. § 101.65. Fences, landscaping, plantings, etc. do not constitute enclosed area.

Family means a person living alone or more than one person living together in one dwelling unit as a single housekeeping entity, as distinguished from a group occupying a boardinghouse, lodginghouse, motel or hotel, fraternity or sorority house. A single housekeeping entity infers the use in common of all spaces, household services and utilities with a single source of food preparation for all occupants.

Farm, fur, means a tract of land devoted in whole or part to the raising of fur-bearing animals for commercial purposes.

Farm, pig, means a tract of land devoted principally to the raising or feeding of pigs or hogs.

Farm, poultry, means a tract of land devoted principally to the raising of poultry for commercial purposes.

Floor area means the total area bounded by the exterior walls of a building at the living floor levels, but not including non-living basement space, garages, porches, breezeways, and unfinished attics. In calculating the area of an apartment, the net area shall be considered as all space enclosed within the exterior walls, the corridor walls, and the walls separating one apartment from the next.

Garage, private, means one where private vehicles are kept for storage purposes only and wherein such use is accessory to the residential use of the property on which it is stored.

Garage, public, means any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired or sold or stored for monetary gain as a business.

Garage, storage, means any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold for monetary gain as a business.

Grade, established, means the elevation of the finished street at the centerline or curb as fixed by the town engineer or by such authority as shall be designated by law to determine such an elevation.

Guesthouse means a building used principally for occasional occupancy by guests of the occupants of the principal residence and shall not be leased or rented for human occupancy outside of the principal family.

Hereafter means after July 24, 1979.

Highway means the same as the term "traffic artery."

Home occupation means a gainful occupation conducted by members of the family within its place of residence, where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation.

Horticulture means the growing and cultivating of fruits, flowers, and related plant material.

Hotel means a building in which lodging, with or without meals, is offered for compensation and which may have more than five sleeping rooms for this purpose.

In-law unit means a room or suite of rooms having a separate kitchen facility located in a single-family dwelling occupied by not more than two persons related by blood or marriage to the family occupying the dwelling. Such extra living units shall not be rented or occupied by anyone outside the family who is not related by blood or marriage.

Kennel, commercial, means an establishment where dogs or other household pets are raised, bred, boarded or cared for as a gainful occupation.

Lodginghouse means a building where lodging only is provided for compensation and having not more than five sleeping rooms for this purpose.

Lot means a single parcel or tract of contiguous land which is legally recognized as a separate parcel, held in separate ownership and bounded by lot lines, or one or more of any of the following recognized boundaries such as public rights-of-way, officially approved ways, railroad or utility rights-of-way, and the centerline of natural, altered or manmade watercourses. The uses to which such lot may be put and the buildings or structures that may be placed upon such lot are regulated by this chapter, and such lot must abut a public right-of-way or have access via an officially approved private way. See Exhibit A on file in town hall.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land provided for public rights-of-way. See Exhibit A on file in town hall.

Lot, corner, means a lot abutting on two or more streets at their intersection, provided that the interior angle of such intersection is less than 135 degrees.

Lot, grade , as distinguished from the term "grade, established," means the elevation of the finished grading of soil at the perimeter of a building.

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

Lot, legal nonconforming, means a legally-recognized lot which existed at the time of passage of the ordinance from which this chapter is derived but which does not conform to the district regulations of the district in which it is located.

Lot line, side, means a lot line extending from a base setback line towards the interior of the block and separating adjoining lots. See Exhibit A on file in town hall.

Lot lines means the lines bounding a lot as defined herein.

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

Lot width, minimum, means the horizontal distance as measured between side lot lines at the minimum building setback line. See Exhibit A on file in town hall.

(1)

Base setback line means the lot width as measured at the base setback line shall be no less than 66 feet along a straight road or curved road section or 45 feet on a cul-de-sac bulb turnaround.

(2)

Building setback line means the lot width as measured at the minimum building setback line shall be no less than the allowed requirement per the applicable zoning district.

Manufactured home means either of the following:

(1)

A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

(2)

A structure which meets all the requirements of subsection (1) of this definition except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 USC 5401 to 5425.

May. The term "may" is permissive, not mandatory.

Mobile home means that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any addition, attachments, annexes, foundations, and appurtenances, except that a house trailer is not deemed a mobile home if the assessable value of such additions, attachments, annexes, foundations and appurtenances equals or exceeds 50 percent of the assessable value of the house trailer (Wis. Stats. § 66.0435(1)(d)).

Motel means a building or series of buildings in which lodging, with or without an attached restaurant, is offered for compensation and which may have more than five sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access, and adjoining parking, for each rental unit.

Nonconforming use, lot and structure means any structure, land or water lawfully used, occupied, or erected at the time of the effective date of the ordinance from which this chapter is derived, or amendments thereto, that does not conform to the regulations of this chapter or amendments thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading, or distance requirements shall be considered a nonconforming structure and not a nonconforming use. See definitions for Lot, legal nonconforming, Structure , legal nonconforming and Use, legal nonconforming.

Offset means the distance between any lot line, other than the base setback line, and any part of a permanent building or structure. The offset shall be measured from the lot lines to the overhang or any enclosed area of the structure. See Exhibit A on file in town hall.

Open space means an unoccupied space open to the sky on the same lot with the building it serves and not used for any other purpose. Required off-street parking space does not qualify as open space, nor do drives except with respect to single-family residences and duplexes.

Open space, common , in planned unit developments, means common open space shall be the area that is designated as an outlot or easement and not part of a developable lot or building site.

Outdoor display means the display and sale of any goods, materials, merchandise, services, or vehicles and equipment, primarily outside of an enclosed area.

Outdoor storage means the keeping of any goods, materials, merchandise, or vehicles and equipment in an unenclosed area, as defined herein, for more than 24 hours.

Parking space or parking stall means a graded and surfaced area, as set forth in section 42-39, either enclosed or open, but in fact usable, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Planting screen means an area landscaped with natural growing plant material which effectively screens from vision the objects it is intended to hide from view.

Private club means a building or grounds used for regular or periodic meetings or gatherings of a group of persons organized for a nonprofit purpose, but not groups organized to render a service customarily carried on as a business.

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

Property owner means any person, tenant, firm, company, partnership or corporation who is responsible for the use of property.

Public building , in the sense of this chapter, means structures principally of an institutional nature and serving a public need such as: churches, hospitals, schools, including private academic schools and nursery schools, libraries, museums, post offices, police and fire stations, public utilities and other public services, but not including the operation of a public bar, restaurant, or recreational facility as a commercial enterprise.

Quarrying means the removal of rock, slate, gravel, sand, topsoil, or other natural material from the earth by excavating, stripping, leveling or any other such process.

Quarrying operation means any use related to the act of quarrying, as defined herein, including the necessary accessory building or other structures, access roads, machinery, equipment, and stockpiles.

Recreation facility means a place designed and equipped for the conduct of sports and leisure-time activities.

Recreation facility, commercial, means a recreation facility operated as a business and open to the public for a fee.

Recreation facility, private, means a recreation facility operated by a private organization and open only to bona fide members and guests.

Refuse disposal site means a tract of land operated by a public or private agent, subject to restrictions of use and under supervision, and where more than one family may take all types of refuse, including organic and inorganic wastes (but excluding human excreta, sewage, and/or other liquid wastes), for compacting and burial by sanitary landfill methods. Hard or clean fill operations involving materials such as foundry sand, dirt, gravel, concrete or other forms of clean fill material shall not be required to conform to the provisions of section 42-35(9).

Restaurant means and includes any building, room or place wherein meals or lunches are prepared, served or sold to transients or the general public, and all places used in connection therewith. Meals or lunches shall not include soft drinks, ice cream, milk, milk drinks, ices and confections. The serving in taverns of free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter shall not constitute such taverns to be restaurants. The term "restaurant" does not apply to churches, religious, fraternal, youth or patriotic organizations, which occasionally serve or sell meals or lunches to transients or the general public, nor shall it include any private individual selling foods from a movable or temporary stand at public farm sales.

Riding academies means a commercial or private institution catering to equestrian pursuits including the boarding of horses for a fee. The term "riding academies" is synonymous with the term "riding stables."

Road is synonymous with the term "street."

Roadside stand means a farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the sale of farm products raised on said farm.

Sand and gravel pits. See Quarrying.

Shall. The word "shall" is mandatory, not permissive.

Sign means any sign or device displaying advertising in the form of lettering, pictures, symbols or other media.

Special exception means a unique or unusual land use or situation excluding a change in use or a use prohibited in a zoning district except as may be authorized as a conditional use, may be deemed appropriate in a given location or zoning district by the board of appeals following procedural due process. Granting of a special exception does not require the demonstration of unnecessary hardship or practical difficulty.

Stable. The term "stable" shall have the same meaning as the term "garage," one draft animal or saddle horse being considered the equivalent of one self-propelled vehicle.

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or if there is no floor above it, then the space between the floor and the ceiling next above it.

Street means a public or private right-of-way usually affording primary access to abutting property.

Street, frontage, means a street contiguous and parallel to a traffic artery and affording direct vehicular access to abutting property. See Exhibit A on file in town hall.

Structural alterations means any change in the supporting members of a building or any substantial change in the roof structure or in the conformation of the exterior walls.

Structure means any manmade object with form, shape and utility that is constructed or otherwise erected on the ground or attached to something on the ground, or permanently or temporarily placed, either upon the ground or upon another structure. For the purposes of this chapter, the term "structure" includes, but is not limited to, principal and accessory buildings (including garages, sheds, porches and gazebos), signs, swimming pools, hot tubs, patios, decks, sidewalks, walkways, retaining walls, monuments, entrance gates, radio towers and television towers, but does not include landscaping, earthwork, or land-altering activities including graded areas, filled areas, ditches, berms, or earthen terraces. The term "structure" does not include flag poles, mailboxes, fences, basketball hoops, satellite dishes 18 inches or less in diameter, or small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, fences, doghouses, bird feeders, birdhouses, and birdbaths.

Structure, legal nonconforming, means a building, structure, or portion thereof, lawfully existing at the time of the passage of the ordinance from which this chapter is derived, but which does not conform in one or more respects to the regulations of this chapter.

Sustained yield forestry means the management of forested lands to provide annual or periodic crops of forest products.

Swimming pool means a structure, designed to hold water 30 inches deep or more for the purpose of swimming.

Temporary structure means a movable structure not designed for human habitation or occupancy but for the temporary protection of goods or chattels during a period of construction, but not to exceed one year, for the enclosure or screening of goods or property, or for the display of signs and advertising.

Tourist home means a building in which lodging, with or without meals, is offered to transient guests for compensation and having no more than five sleeping rooms for this purpose with no cooking facilities in any such individual room or apartment.

Traffic artery means a right-of-way, designated on a comprehensive system, for the principal purpose of providing vehicular thoroughfare and not necessarily affording access to abutting property. The term "traffic artery" and the term "highway" are synonymous.

Unenclosed area means the area which is outside of a building that has at least four walls and a roof as defined in Wis. Stats. § 101.65.

Use, accessory, means a use subordinate to and customarily incidental to the permitted principal use of the property or buildings and located upon the same lot as the principal use.

Use, legal nonconforming, means the use of a building or land lawfully carried on or occupied on July 24, 1979, or at the time of the passage of tor amendments to this chapter, but which use or occupancy does not conform to the use regulations of this chapter or any amendments thereto.

Use, principal, means the main or primary use of property or buildings as specified and permitted by the regulations of the district in which it is located.

Vision setback means an unoccupied triangular space, at the street corner of a corner lot, as established by section 42-35(a)(2).

(Ord. of 10-24-2017, § 13-1-4)