Zoning Code | General Definitions

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A zones When used in the context of floodplain regulations, 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 or use When used in the context of floodplain regulations, a facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building.
AH zone When used in the context of floodplain regulations, see "area of shallow flooding".
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Alley A special public right-of-way affording only secondary access to abutting properties.
Alteration When used in the context of floodplain regulations, an enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure.
AO zone When used in the context of floodplain regulations, see "area of shallow flooding".
Architectural appurtenance Architectural appurtenance means an accessory or adjunct embellishment to the architectural design of a building that benefits the aesthetic appeal and enjoyment of the property.
Area of shallow flooding When used in the context of floodplain regulations, a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.
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 and parkways.
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.
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 When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides.
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.
Building Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.
Building When used in the context of floodplain regulations, see structure.
Building area The total living area bounded by the exterior walls of a building at the floor levels, but including basement, utility rooms, garages, porches, breezeways and unfinished attics.
Building height The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the structure to the highest point of the roof.
Bulkhead line When used in the context of floodplain regulations, a geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the department pursuant to W.S.A., § 30.11, 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.
Business mixed use development In the Village of Mukwonago, business mixed use development with conditional use approval under planned unit development overlay standards applied to specific business districts means a mixture of multi-family residential and business uses allowed on the same property. Business uses may include commercial, retail, service and office activities that are either new or existing. Business mixed use development may be: (1) within a single or multiple buildings within a unified development having business on lower or upper floors and multi-family residential dwelling units on the other floors; or (2) a business or businesses in buildings separate from the multi-family residential buildings with all buildings within a unified development. However, a multi-family development proposal within the area planned for business mixed use overlay within the South Main Street-River Key Area of the Update to Comprehensive Plan 2035, may apply through a planned unit development to be solely residential if conforming to the following criteria: (1) The proposal must be a redevelopment project, meaning the acquisition of property with existing buildings, impervious surface, or infrastructure are to be demolished and repurposed; and (2) The total development proposes less than 100 units of new multi-family; and (3) The proposed development area is directly abutted by an existing commercial development. Each business mixed use development shall be under the same ownership at the time of application and approval. Nonetheless, after approval and development, the unified development site may be divided into separate ownerships.
Campground When used in the context of floodplain regulations, any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.
Camping unit When used in the context of floodplain regulations, 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, or tent that is fully licensed, if required, and ready for highway use.
Certificate of appropriateness The certificate issued by the commission approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.
Certificate of compliance When used in the context of floodplain regulations, 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.
Certificate of compliance A certification issued by the zoning administrator stating that any construction and use of land or a building, the elevation of fill or the first floor of a structure is in compliance with all of the provisions of this chapter.
Certificate of public convenience and necessity (CPNC) An approval granted by the Wisconsin Public Service Commission (PSC) authorizing the establishment a large-scale electric generating facility, high-voltage transmission line, or natural gas pipeline, which exceeds a specified threshold. Certificates are reviewed under the procedures and requirements in § 196.491, Wis. Stats.
Channel A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Channel When used in the context of floodplain regulations, a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
Commercial building For the purposes of zoning review permit and occupancy permit, a commercial building is any use of a building other than single-family dwelling and two-family dwelling.
Conditional use Uses of a special nature as to make impractical their predetermination as to a permitted use in a district. A use which is permitted by this chapter, provided that certain conditions are met and that a permit is granted by the board of zoning and building appeals or, where designated, the village board or the planning commission.
Condominium A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.
Conservation standards Guidelines and specifications for soil and water conservation practices and management enumerated in the technical guide prepared by the U.S. Department of Agriculture, Soil Conservation Service, for the county, adopted by the county soil and water conservation district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the landowner selects the alternative which best meets his needs in developing his soil and water conservation plan.
Construction site control measure A control measure used to meet the requirements of section 100-353 of this chapter.
Control measure A practice or combination of practices to control erosion and attendant pollution.
Control plan A written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of the site construction erosion control provisions of this chapter submitted by the applicant for review and approval by the village.
CPCN An abbreviation for certificate of public convenience and necessity.
Crawlways or crawl space When used in the context of floodplain regulations, an enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.
Deck When used in the context of floodplain regulations, an unenclosed exterior structure that has no roof or sides, but has a permeable floor which allows the infiltration of precipitation.
Density The number of dwelling units per acre of land on a parcel, lot or unified land-developing activity. For the purposes of calculation, the number of dwelling units is the numerator and the acreage is the denominator, with the resultant expressed in dwelling units per acre.
Density, gross The number of dwelling units per acre of land on a parcel, lot or unified land-developing activity where the amount of acres excludes any existing right-of-way and any major utility right-of-way.
Density, net The number of dwelling units per acre of land on a parcel, lot or unified land developing activity where the amount of acres excludes any existing right-of-way and any major utility right-of way, plus excluding all natural resources to be protected, including wetlands, floodplains, lakes and streams, woodlands and forests, existing stormwater basins, primary environmental corridors, and archeological sites.
Department The Wisconsin Department of Natural Resources.
Department When used in the context of floodplain regulations, the Wisconsin Department of Natural Resources.
Development When used in the context of floodplain regulations, 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.
Development Any new use, change of use and any change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; any placement of mobile homes, the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials, public or private sewage disposal systems or water supply facilities.
District, basic A part or parts of the village 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 without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
Drainage system One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
Drive-in restaurant An establishment used for the sale, dispensing or serving of food, refreshments or beverages in or on disposable plates and cups, including those establishments where customers may serve themselves and may eat and drink the food, refreshments and beverages on or off the premises.
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Dryland access When used in the context of floodplain regulations, 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 detached building, also called a duplex, designed or used exclusively as a residence or sleeping place, but does not include boarding or lodginghouses, motels, hotels, tents, cabins or mobile homes.
Dwelling, bi-level A two-level dwelling with one level above grade, and the other level half above grade and half below grade. The lowest level may or may not have exterior access. For the purpose of measuring living area, the building inspector 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, multiple-family A residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided.
Dwelling, tri-level A three-level dwelling with two levels above grade, and a third level half above grade and half below grade. The lowest level may or may not have exterior access.
Dwelling, two-family A detached building containing two separate dwelling (or living) units, designed for the occupancy by not more than two families.
Election campaign period In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates or the first day that candidates would circulate papers were papers to be required, and ending the day of 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 When used in the context of floodplain regulations, any fill, structure, equipment, 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.
Equal degree of encroachment The effect of any encroachment into the floodway must be computed by assuming an equal degree of hydraulic encroachment on the other side of a river or stream for a significant hydraulic reach. This computation assures that property owners up, down or across the river or stream will have the same rights basis of the effect upon hydraulic conveyance, not upon the distance the encroachment extends into the floodway.
Erosion The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
Existing mobile home park or subdivision A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this chapter.
Expansion to existing mobile home park The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be placed. This includes installation of utilities, either final site grading, pouring pads or construction of streets.
Expressway A divided arterial street or highway with full or partial control of access and with or without grade separated intersections.
Family The body of persons related by blood, marriage or adoption, or not more than four (4) unrelated persons who live together in one dwelling unit as a single housekeeping entity.
Federal Emergency Management Agency (FEMA) When used in the context of floodplain regulations, the federal agency that administers the National Flood Insurance Program.
Fence height The distance measured from the average grades of the abutting lots to be separated by the fence.
Fixed houseboat As defined in W.S.A., § 30.121(1). A structure not actually used for navigation which extends beyond the ordinary high water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
Flood frequency When used in the context of floodplain regulations, 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 hazard boundary map When used in the context of floodplain regulations, a map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.
Flood insurance rate map (FIRM) When used in the context of floodplain regulations, a map of a community on which the Federal Insurance Administration has delineated both 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 When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, a general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: (1) The overflow or rise of inland waters; (2) The rapid accumulation or runoff of surface waters from any source; (3) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or (4) 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 When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, an elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: freeboard.)
Flood storage When used in the context of floodplain regulations, those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.
Floodfringe When used in the context of floodplain regulations, that portion of the floodplain outside of the floodway which is covered by floodwaters during the regional flood and associated with standing water rather than flowing water.
Floodlands For the purpose of this chapter, the floodlands are all lands contained in the "regional flood" or 100-year recurrence interval flood. For the purpose of zoning regulation, the floodlands are divided into the floodway overlay district and the floodplain fringe overlay district.
Floodplain When used in the context of floodplain regulations, land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.
Floodplain island When used in the context of floodplain regulations, a natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.
Floodplain management When used in the context of floodplain regulations, policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.
Floodproofing When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.
Freeboard When used in the context of floodplain regulations, 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.
Freeway An expressway will full control of access and with fully grade separated intersections.
Frontage The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.
Group assembly A company of persons gathered together for any purpose for a period of two or more hours.
Habitable structure When used in the context of floodplain regulations, any structure or portion thereof used or designed for human habitation.
Hearing notice When used in the context of floodplain regulations, publication or posting meeting the requirements of W.S.A., ch. 985. For appeals, a class 1 notice, published once at least one week (seven days) before the hearing, is required. For all zoning ordinances and amendments, a class 2 notice, published twice, once each week consecutively, the last at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums.
Hearing notice Publication or posting meeting the requirements of W.S.A., ch. 985. Class 1 notice is required at a minimum for appeals; published once at least one week (seven days) before the hearing. Class 2 notice is required at a minimum for all zoning ordinances and amendments including map amendments; published twice, once each week consecutively, the last publication at least a week (seven days) before the hearing. Local ordinances or bylaws may require additional notice exceeding these minimums.
Heavy motor vehicle A vehicle that is either duly registered and licensed or capable of being registered in the State of Wisconsin, used to transport passengers or property to further a commercial enterprise. For the purpose of this definition, a vehicle meeting any one of the following criteria shall be a heavy motor vehicle:
(1) Any vehicle greater than 8,500 pounds gross vehicle weight.
(2) Any vehicle rated by a manufacturer with a load capacity of more than one ton.
(3) Any vehicle registered for hire or as commercial in the State of Wisconsin.
(4) Any vehicle capable of carrying more than 12 passengers.
(5) Any vehicle 21 feet or longer in length.
(6) Any vehicle more than eight feet in height, with properly inflated tires, measured from the ground to the highest part of the vehicle including any racks but excluding any antennas.
High flood damage potential When used in the context of floodplain regulations, 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.
High water elevation Ordinary high water mark means the point on the bank or shore 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.
Highest adjacent grade When used in the context of floodplain regulations, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic district An area designated by the village board, on recommendation of the commission, that contains two or more historic improvements or sites, as well as those abutting improvement parcels which the commission determines shall fall under the provisions of this section to assure that their appearance and development are harmonious with such historic structures or historic sites.
Historic site Any parcel of land of historic significance due to substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this article, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.
Historic structure As as set forth in section 100-29.
Historic structure Any structure that is: (1) Listed in the National Register of Historic Places or preliminarily determined by the secretary of the interior as meeting the requirements for listing on the National Register; (2) 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; (3) Individually listed on a state inventory of historic places; or (4) Listed on a local inventory of historic places in communities with historic preservation programs certified by the state.
Historic structure When used in the context of floodplain regulations, any structure that is either: (1) 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; (2) 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; (3) 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 (4) 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. An elderly person is a person who is 62 years of age or older on the date such person intends to occupy the premises, or a family, the head of which, or his spouse, is an elderly person as defined herein.
Improvement Any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.
Improvement parcel The unit of property which includes a physical betterment constituting an improvement and the land embracing the site thereof, and is treated as a single entity for the purpose of levying real estate taxes. Provided, however, that the term "improvement parcel" shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
Increase in regional flood height When used in the context of floodplain regulations, a calculated upward rise in the regional flood elevation greater than 0.00 feet, 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.
Interchange A grade separated intersection with one or more turning lanes for travel between intersection legs.
Joint extraterritorial zoning committee Any zoning committee established in accordance with W.S.A., § 62.23(7a).
Land developing activity The construction of buildings, roads, parking lots, paved storage areas and similar facilities.
Land disturbing activity Any manmade change of the land surface, including removing vegetative cover, excavating, filling and grading, but not including agricultural activities such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscape modifications.
Land use Any nonstructural use made of unimproved or improved real estate. (Also see "development")
Land use When used in the context of floodplain regulations, any nonstructural use made of unimproved or improved real estate. (Also see development.)
Land user Any person operating, leasing, renting or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.
Landmark Any structure or improvement which has a special character or special historic interest or value as part of the community, state or nation and which has been designated as a landmark pursuant to the provisions of the Village of Mukwonago Historical Society.
Landmark site Any parcel of land of historical significance due to substantial value in tracing the history of aboriginal man, or upon which a historic event has occurred, and which has been designated as a landmark site pursuant to the provisions of this chapter; or a parcel of land, or part thereof, on which is located a landmark and any abutting parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated.
Landowner Any person holding title to or having an interest in land.
Letter of map amendment (LOMA) Official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.
Light motor vehicle An automobile, truck, motorcycle or other trackless, self-propelled vehicle designed primarily to transport persons or property over public streets and highways, no greater than 8,500 pounds gross vehicle weight.
Living area The total area bounded by the exterior walls of a building at the floor levels, but not including basement, utility rooms, garages, porches, breezeways and unfinished attics.
Living rooms All rooms within a dwelling except closets, foyers, storage area, utility rooms and bathrooms.
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Loading area A completely offstreet 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 parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.
Lot depth The horizontal distance between the front and rear lot lines measured on the longitudinal centerline.
Lot line fence Any fence located a distance from lot line equal to the height of the fence.
Lot lines and area The peripheral boundaries of a parcel of land and the total area lying within such boundaries.
Lot width The width of a parcel of land measured between the intersection of the two side lot lines and the right-of-way, measured along the chord. Where the lot width narrows toward the rear yard, the lot width shall be measured at the building setback line between the two side lot lines, measured along the chord. On corner lots, the smallest frontage shall be deemed the lot width, and no side or rear lot line shall be less than the required lot width.
Lot, corner A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot size.
Lot, double frontage A parcel or lot, other than a corner lot, with frontage on two streets or with frontage on a street and a navigable body of water. Where access to the parcel or lot is restricted from one of the frontages, then the yard facing the restricted access street shall be considered the rear yard for building setback purposes, and the yard facing the allowable access street shall be considered the street yard for building setback purposes.
Lot, triple frontage A parcel or lot that is also a corner lot, with frontage on three streets. Where access to the parcel or lot is restricted from one of the frontages that are opposite the frontage with allowable access, then the yard facing the restricted access street shall be considered the rear yard for building setback purposes. The third street frontage that is not opposite of a yard with street frontage shall be considered the street yard for building setback purposes.
Lowest adjacent grade When used in the context of floodplain regulations, elevation of the lowest ground surface that touches any of the exterior walls of a building.
Lowest floor When used in the context of floodplain regulations, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
Maintenance When used in the context of floodplain regulations, the act or process of restoring to original soundness, including redecorating, refinishing, non-structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures.
Manufactured home When used in the context of floodplain regulations, 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."
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Manufactured home As defined in W.S.A., §§ 101.90-101.96 or future revisions of these statutes.
Manufacturing When used in describing an industrial operation, the making or processing of a product with machinery.
Minor structures Any small, movable accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors, and walls and fences.
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 but not including a unit used primarily for camping, touring or recreational purposes which remains licensed and ready for highway use and remains onsite less than 180 days.
Mobile home park Any parcel of land which has been developed for the placement of mobile homes upon which two or more units may be located, regardless of whether or not a charge is made for such accommodation.
Mobile recreational vehicle When used in the context of floodplain regulations, 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."
Mobile/manufactured home park or subdivision When used in the context of floodplain regulations, a parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale.
Mobile/manufactured home park or subdivision, existing When used in the context of floodplain regulations, 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.
Mobile/manufactured home park, expansion to existing When used in the context of floodplain regulations, 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 if concrete pads.
Model, corrected effective When used in the context of floodplain regulations, a hydraulic engineering model that corrects any errors that occur in the duplicate effective model, adds any additional cross sections to the duplicate effective model, or incorporates more detailed topographic information than that used in the current effective model.
Model, duplicate effective When used in the context of floodplain regulations, a copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.
Model, effective When used in the context of floodplain regulations, the hydraulic engineering model that was used to produce the current effective flood insurance study.
Model, existing (pre-project) When used in the context of floodplain regulations, a modification of the duplicate effective model or corrected effective model to reflect any man made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the corrected effective model or duplicate effective model.
Model, revised (post-project) When used in the context of floodplain regulations, a modification of the existing or pre-project conditions model, duplicate effective model or corrected effective model to reflect revised or post-project conditions.
Multiple-family A residential building or grouping of residential buildings where each building is designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided. A multiple-family residence may be owner occupied or rental occupied.
Municipality or municipal When used in the context of floodplain regulations, the Village of Mukwonago, Waukesha County, Wisconsin.
NAVD or North American Vertical Datum When used in the context of floodplain regulations, elevations referenced to mean sea level datum, 1988 adjustment.
Navigable waters Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.
New construction When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, elevations referenced to mean sea level datum, 1929 adjustment.
Nonconforming structure When used in the context of floodplain regulations, an existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (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 When used in the context of floodplain regulations, an existing lawful use or accessory 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.)
Nonconforming use or structure Any structure, land or water lawfully used, occupied or erected at the time of the effective date of this chapter or amendments thereto which does not conform to the regulations of this chapter or amendment thereto. Any such structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, loading or distance requirements is considered a nonconforming structure and not a nonconforming use.
Obstruction to flow When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, that map, adopted and made part of this ordinance, as described in section 100-271(e), which has been approved by the Department and FEMA.
Official letter of map amendment Official notification from the federal emergency management agency (FEMA) that a flood hazard boundary map or flood insurance rate map has been amended.
Open space use When used in the context of floodplain regulations, those uses having a relatively low flood damage potential and not involving structures.
Ordinary highwater mark When used in the context of floodplain regulations, the point on the bank or shore 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.
Ornamental fence A fence intended to decorate, accent or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner or a lot line; or frame a driveway, walkway or planting bed. Ornamental fences are those with more than 50 percent of their surface area open for free passage of light and air. Ornamental fences are often of the picket, rail or wrought iron type.
Overlay zoning district Overlay zoning district means a zoning district that provides for specific regulations to be applied to a designated area in combination with the requirements of the underlying or base zoning district.
Parking lot A structure or premises containing ten or more parking spaces open to the public. Such spaces may be for rent or a fee.
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Parking space A graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.
Parties in interest Includes all abutting property owners, all property owners within 250 feet, and all property owners of opposite frontages.
Person When used in the context of floodplain regulations, an individual, or group of individuals, corporation, partnership, association, municipality or state agency.
Pierhead line A boundary line established along any section of the shore of any navigable waters by a municipal ordinance approved by the state department of natural resources, pursuant to W.S.A., § 30.13. Piers and wharves are only permitted to the landward side of such pierhead line unless a permit has been obtained pursuant to W.S.A., § 30.12(2).
Places of entertainment. Includes pool halls, theaters, bowling alleys, dance halls, skating rinks, golf driving ranges and night clubs.
Planned unit development A planned unit development (PUD) is an alternate zoning tool for developments that propose a creative and innovative solution with a layout that is not achievable by the standards of the underlying or base zoning district. The PUD is intended to permit developments that will be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD overlay district under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the village, while at the same time maintaining the land use density and other standards or use requirements set forth in the underlying or base zoning district.
Premises A lot, parcel, tract or plot of land together with the buildings and structures thereon.
Private sewage system When used in the context of floodplain regulations, 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 Safety and Professional Services, 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.
Processing When used in describing an industrial operation, the series of continuous actions that changes one or more raw materials into a finished product. The process may be chemical as in the processing of photographic materials; it may be a special method such as processing butter or cheese; it may be a mechanical process such as packaging a base product.
Public utilities When used in the context of floodplain regulations, 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 yard A yard extending across the full width of a lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure. This yard is opposite the street yard or one of the street yards on a corner lot. Where two side lot lines narrow to the point that the rear lot line is less than ten feet in length, then for purposes of measuring the rear setback, the rear lot line shall be considered a line ten feet in length between the side lot lines as parallel as possible to the street frontage.
Reasonably safe from flooding When used in the context of floodplain regulations, base floodwaters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
Regional flood When used in the context of floodplain regulations, 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.
Runoff The rainfall, snowmelt or irrigation water flowing over the ground surface.
Satellite lot A confined designated area, either subdivided or in common ownership with adjacent areas, containing a single use building that is designed as an integral part of a unified commercial/retail center or business center.
Seat Furniture upon which to sit, having a linear measurement not less than 24 inches across the surface used for sitting.
Senior assisted living Housing that provides 24-hour supervision and is designed and operated for elderly people who require some level of support for daily living. Such support shall include meals, security, and housekeeping, and may include daily personal care, transportation and other support services, where needed. Individual dwellings may contain kitchen facilities.
Senior housing A building or group of buildings containing dwellings intended to be occupied by elderly persons, as defined by the Federal Fair Housing Act, as amended. Senior housing may include independent and/or assisted living arrangements but shall not include nursing or convalescent homes regulated by the State of Wisconsin. Independent and assisted living housing are defined as follows:
Senior independent living Housing that is designed and operated for elderly people in good health who desire and are capable of maintaining independent households. Such housing may provide certain services such as security, housekeeping and recreational and social activities. Individual dwellings are designed to promote independent living and shall contain kitchen facilities.
Set of one-year design storms The rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, 1, 2, 3, 6, 12, and 24 hours that occur approximately once each year. The following are typical characteristics of these one-year storms in most of Wisconsin: table
Setback or street yard A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed right-of-way line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards, except as defined in "Lot, double frontage" and "Lot, triple frontage."
Shore yards A yard extending across the full width or depth of a lot, the depth of which shall be the minimum horizontal distance between a line intersecting both side lot lines at the same angle and containing the point of the high water elevation of a pond, stream, lake or wetland nearest the principal structure and a line parallel thereto containing the point of the principal structure nearest the high water line.
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 nonnavigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.
Shorelines The intersection of the land surfaces abutting lakes, ponds, streams, flowages and wetlands with the average annual high water elevation.
Side yard A yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.
Smoke unit The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes.
Start of construction When used in the context of floodplain regulations, 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.
Storage capacity The volume of space available above a given cross-section of a floodplain for the temporary storage of floodwater. The storage capacity will vary with stage.
Story That portion of a building included between the surface of a floor and the surface of the floor or ceiling next above it; a basement or cellar having one-half or more of its height above the average grade of the lot shall be deemed one full story.
Street A public right-of-way not less than 50 feet wide providing primary access to abutting properties.
Street yard A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots shall have two such yards.
Structural alterations Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.
Structure Any erection or construction, such as buildings, prefabricated or prebuilt buildings, towers, masts, poles, booms, signs, decorations, carports, machinery or equipment.
Structure When used in the context of floodplain regulations, any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts.
Subdivision When used in the context of floodplain regulations, the meaning given in W.S.A., §  236.02(12).
Substantial damage When used in the context of floodplain regulations, 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.
Substantial improvement When used in the context of floodplain regulations, any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
Substantial improvement Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not however, include either: (a) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (b) any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows and other nonstructural components.
Surety Whenever the terms "surety," "surety bond," or "bond" are used in this chapter, such term shall describe only an irrevocable letter of credit or a cash bond as approved by the village attorney.
Sustained yield forestry Management of forested lands to provide annual or periodic crops of forest products.
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.
Unnecessary hardship That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.
Unnecessary hardship When used in the context of floodplain regulations, where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
Utilities 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 regulator stations, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.
Variance When used in the context of floodplain regulations, an authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance.
Violation When used in the context of floodplain regulations, the failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. 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.
Water surface profile When used in the context of floodplain regulations, 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 When used in the context of floodplain regulations, the entire region contributing runoff or surface water to a watercourse or body of water.
Well When used in the context of floodplain regulations, 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.
Yard An open space on the same lot with a structure, unoccupied and obstructed from the ground upward except for vegetation. The street and rear yards extend the full width of the lot.