§ 17.08. DEFINITIONS. (Renum. 7/02 jw)

For the purposes of this chapter, the following definitions shall be used:

(1)

ACCESSORY BUILDING. (Am. Ord. #42-95) A separate building, the use of which is purely incidental to that of the principal building.

(2)

ACCESSORY USE. A use subordinate in nature, extent or purpose to the principal use of the building or lot.

(2a)

ACRE, GROSS. (Cr. Ord. #10-15) The total area of land within the perimeter of a development tract or parcel of land.

(2b)

ACRE, NET. (Cr. Ord. #10-15) A measure of developable land area computed by subtracting from the gross acres of a site all of the unbuildable area found within the parcel. Unbuildable area shall include existing and dedicated rights-of-way required for streets and highways, navigable waterways, wetlands, and floodplains.

(3)

ALLEY. A way which affords only a secondary means of access to abutting property and which is not more than 24 feet wide.

(4)

APARTMENT. A portion of a residential or commercial building used as a separate housing unit. See also DWELLING UNIT.

(5)

APARTMENT HOUSE. See DWELLING, MULTIPLE.

(5a)

ATTACHED. (Cr. Ord. #06-08) A garage, dwelling or other building structure that shares a common wall with a principal building or structure where the length of the common wall shared between the two structures is at least fifteen (15) continuous feet or is connected to a principal building or structure by way of an enclosed structure, i.e. hallway, breezeway or room, constructed with a permanent foundation, roof, and walls where: (1) the length of such enclosed areas is not greater than twice the width of said enclosed area; and (2) the materials, method of construction and appearance are the same as that for the principal building to which the addition is attached.

(6)

BASEMENT OR CELLAR. A story partly underground but having at least ½ of its height, but not more than 5 feet, above the mean level of the adjoining ground. Basements in and of themselves shall not be used for living purposes.

(7)

BED AND BREAKFAST ESTABLISHMENT. (Cr. Ord. #4-97) An owner-occupied residence as defined in §254.61(1), Wis. Stats., with a minimum one acre lot size.

(8)

BOARDING HOUSE. (Rep. & Recr. Ord. #4-97) A building with a resident owner or manager, other than a hotel, where meals or lodging and meals are regularly served for compensation for not more than 6 persons.

(9)

BUILDING. A structure having a roof and intended for the shelter, housing or enclosure for persons, animals or chattels.

(10)

BUILDING, ACCESSORY. See ACCESSORY BUILDING.

(11)

BUILDING, ALTERATIONS OF. Any change or rearrangement of the supporting members such as bearing walls, beams, columns or girders of a building, an addition to a building, or movement of a building from one location to another.

(12)

BUILDING, AREA OF. The total living area bounded by the exterior walls of a building at the floor levels, but not including basement, garages, porches, breezeways and unfinished attics.

(12.1)

BUILDING FRONTAGE. (Cr. Ord. #24-06) The horizontal linear dimension of a wall that contains the primary public entrance of a building. In buildings with multiple units, the building frontage for each unit shall be considered as the width of the unit from party wall to party wall; provided, however, that the building frontage for corner units shall be the width of the unit from party wall to exterior wall of the building.

(13)

BUILDING, FRONT LINE OF. A line parallel to the street intersecting the foremost point of the building, excluding uncovered steps.

(14)

BUILDING, HEIGHT OF. (Am. Ord. #8-98) The vertical distance from the mean elevation of a finished grade along the front of the building to the highest point of a building, excluding chimneys, wind vanes, cupolas, plumbing vents and the like.

(15)

BUILDING, PRINCIPAL. (Am. Ord. #18-03; Am. Ord. #18-12) A building in which is conducted the main use of the lot on which said building is located. In all single-family residential zoning classifications only one principal building shall be permitted per lot. More than one principal building may be allowed per lot or parcel in the other residential and all nonresidential zoning districts subject to site development and building plan approval by the Plan Commission.

(16)

BUSINESS. Includes the commercial, limited industrial and general industrial uses and districts as herein defined.

(17)

CARPORT. See GARAGE.

(18)

CLINIC. A building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.

(19)

CLUB. A building owned, leased or hired by a nonprofit association of persons who are bona fide members, the use of which is restricted to said members and their guests.

(20)

CONDITIONAL USE. Use of a special nature such as to make impractical its predetermination as a principal use in a district.

(21)

CONFORMING USE. Any lawful use of a building, structure or parcel of land which complies with the provisions of this chapter.

(22)

COURT. An open, unoccupied space other than a yard, on the same lot with a building, and which is bounded on 2 sides by the building.

(23)

CURB BREAK. Any interruption or break in the line of a street curb in order to connect a driveway to a street or otherwise to provide vehicular access to abutting property.

(24)

CURB LEVEL. The level of the established curb elevation in the front of the building measured at the center of such front.

(25)

DEVELOPMENT. Any man-made change to improved or unimproved real estate including, but not limited to, construction of or additions or substantial improvements to buildings, other structures or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling operations, or deposition of materials.

(26)

DWELLING UNIT. A building or portion thereof used exclusively for human habitation, including single-family, 2-family and multifamily dwellings, but not including hotels, motels or lodging houses.

(27)

DWELLING, ATTACHED SINGLE-FAMILY. (Cr. Ord. #45-95) A portion of a building designed, intended and used for residential purposes by one family as a single housekeeping entity, with a separate direct entrance that shares at least one common wall with another dwelling unit, together with a private yard area and accessory private garage, either attached or detached.

(28)

DWELLING, SINGLE-FAMILY. (Am. Ord. #12-08) A detached building designed, arranged, used for and occupied by one family. A single-family dwelling may include a "mother-in-law suite" as provided for and defined herein subject to the granting of a conditional use permit by the Village Board.

(29)

DWELLING, 2-FAMILY. A building designed, arranged or used for, or occupied exclusively, by 2 families living independently of each other.

(30)

DWELLING, MULTIPLE. A building or portion thereof used or designated as a residence for 3 or more families as separate housekeeping units, including apartments, attached townhouses and condominiums.

(31)

DWELLING GROUP. A group of 2 or more multifamily dwellings occupying a lot in one ownership with any 2 or more dwellings having any yard or court in common.

(32)

ELDERLY HOUSING. (Cr. Ord. #45-95) Housing for older persons, as that term is defined in the Wisconsin Fair Housing Act, §101.22(lm)(m), Wis. Stats., to wit:

(a)

Housing provided under any State or Federal program that the Secretary determined is specifically designed and operated to assist elderly persons, as defined in the State or Federal program.

(b)

Housing solely intended for and solely occupied by persons 62 years of age or older.

(c)

Housing primarily intended and primarily operated for occupancy by at least one person aged 55 or older per dwelling unit.

(33)

FAMILY. Any number of persons related by blood, adoption or marriage, or not to exceed 2 persons not so related, living together in one dwelling as a single housekeeping entity.

(34)

FARM. Land consisting of 10 acres or more on which produce, crops, livestock or flowers are grown primarily for off-premises consumption, use or sale.

(35)

FARMLAND PRESERVATION AGREEMENT. An agreement between the owner of eligible farmland and the State restricting development of such farmland for a term of years pursuant to Ch. 91, Wis. Stats.

(36)

FARM MARKET. (Cr. Ord. #10-91) A retail facility primarily for the sale of farm and garden products including, but not limited to, fruits, vegetables, cheese, jams and jellies, cider or similar beverages, dehydrated fruits, seeds, annual or perennial plants, flowers, Christmas trees and nursery stock. The retail sale of related products such as crafts and food products prepared on the premises may also be sold. Other types of merchandise may be sold, but shall not occupy an area greater than 20% of the indoor display area of any farm market building.

(37)

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces of the exterior walls or from the center lines of walls or portions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

(38)

FLOOR AREA, PRIMARY. The floor area of a building for purposes of determining required parking ratios which shall include only that portion of the total floor area devoted to customer service, sales and office space and shall not include warehouse, utility, hallway and other accessory space which does not generate parking demand.

(39)

FRONTAGE. All of the property abutting on one side of a street measured along the street line.

(40)

GARAGE, PRIVATE. A building or portion thereof used exclusively for parking or temporary storage of self-propelled vehicles, typically not exceeding 3 vehicles.

(41)

GARAGE, PUBLIC. A building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are left for remuneration, hire or sale. This includes premises commonly known as gasoline stations or service stations.

(42)

HOME OCCUPATION. (Am. Ord. #24-07) See section 17.61(2)(a).

(43)

KENNEL. (Am. Ord. #15-00) Any establishment wherein or whereon dogs or cats are kept for the commercial business of breeding, boarding, sale or sporting purposes.

(44)

JUNK YARD. An open space where waste and used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber, tires and bottles. A "junk yard" also includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

(45)

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

(46)

LOT. A parcel of land having frontage on a public street, occupied or intended to be occupied by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter.

(47)

LOT, CORNER. A lot abutting 2 or more streets at their intersection provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side. On a corner lot, both streets shall be deemed front lot lines with side opposite the front entrance considered the rear yard.

(47a)

LOT COVERAGE (RESIDENTIAL). (Cr. Ord. #18-03) That area of a lot occupied by the principal building or buildings and accessory buildings.

(48)

LOT, DOUBLE FRONTAGE. (Amd. Ord. #09-16; Am. Ord. #08-17) A lot having lot lines that abut 2 or more public streets and which is not a corner lot. For the purpose of this ordinance, double and three-sided lots in residential districts shall be deemed to have one front yard on the street to which the dwelling faces, and, one rear yard. Any other yard that is not a front or rear yard shall be deemed to be a side yard for purposes of determining the type, height, location and setback requirements for accessory buildings and fences to be installed on any double frontage lot.

(49)

LOT LINES AND AREA. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

(50)

LOT WIDTH. The width of a parcel of land measured at the setback line.

(51)

MOTEL. A series of attached, semi-attached or detached sleeping units for the accommodation of transient guests.

(51a)

MOTHER-IN-LAW SUITE. (Cr. Ord. #12-08) One or more rooms within the principal dwelling that are designed, arranged and occupied by one or more members of the same family occupying the principal dwelling provided that such rooms do not constitute a separate dwelling unit. Further, for purposes of this provision, and unless otherwise provided for as a condition of approval in a conditional use permit, a "mother-in-law suite" shall meet the following minimum requirements and limitations:

(a)

The "mother-in-law suite" cannot have a separate entry arranged so as to be used as the principal and exclusive means of access to the "mother-in-law" suite;

(b)

The "mother-in-law suite" must share the main entry that provides the principal means of access to the principal dwelling;

(c)

The "mother-in-law suite" can have separate rooms within the single-family dwelling such as a living room, bedroom, bathroom, kitchen and laundry room but shall also have one or more rooms or areas that are shared in common with the principal dwelling;

(d)

The "mother-in-law suite" cannot be used or occupied by a non-family member or for rental purposes;

(e)

The "mother-in-law suite" cannot be served by a separate electric, water or other utility connection or meter;

(f)

The "mother-in-law suite" cannot have a separate mailing address;

(g)

The owner of the single-family dwelling must live in the principal dwelling;

(h)

The "mother-in-law suite" cannot occupy more than 50% of the total dwelling unit floor area;

(i)

The principal dwelling cannot be constructed or modified such that the scale or appearance is different than a typical and customary dwelling or the single-family dwellings on surrounding properties;

(j)

Additional restrictions and/or limitations may be adopted as part of a conditional use permit granted by the Village Board.

(52)

NONCONFORMING BUILDING OR STRUCTURE. Any building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto regulating any building or structure for the zoning district in which such building or structure is located.

(53)

NONCONFORMING USE. Any use of land, buildings or structures which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

(54)

NURSERY. Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings.

(55)

NURSERY SCHOOL. Any building used routinely for the daytime care and education of preschool age children and including all accessory buildings and play areas other than the child's own home or the homes of relatives or guardians.

(56)

NURSING HOME. Any building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

(57)

PARKING LOT. A structure or premises containing 10 or more parking spaces. Such spaces may be for rent or a fee.

(58)

PARKING SPACE. An off-street space available for the parking of a motor vehicle and which, in this chapter, is held to be an area 9 feet wide and 20 feet long, exclusive of passageways and driveways, appurtenant thereto and giving access thereto.

(59)

PARTIES OF INTEREST. Includes all property owners in the area proposed to be rezoned, all abutting property owners within 100 feet, and all property owners of opposite frontages within 100 feet.

(60)

PRINCIPAL BUILDING. See BUILDING, PRINCIPAL.

(61)

PRINCIPAL USE. See USE, PRINCIPAL.

(62)

PROFESSIONAL HOME OFFICES. (Am. Ord. #24-07) See section 17.61(2)(b).

(63)

RECYCLING COLLECTION CENTER. (Cr. Ord. #32-91) A municipally-sponsored or privately-owned location for the collection of materials for recycling. Such materials shall include, but not be limited to tin, aluminum, glass, plastic and paper goods. The use shall be limited to collection and on-site storage of such materials only.

(64)

RECYCLING COLLECTION/PROCESSING CENTER. (Cr. Ord. #32-91) A location for the collection, storage, processing, packaging and transporting of recycled materials. Due to the nature of the zoning district and use, all operations shall be conducted inside an enclosed building. No temporary outside storage shall be allowed.

(64a)

RESTAURANT. (Cr. Ord. #14-10) An establishment kept, used, maintained, advertised, or held out to the public as a place where the primary business is the preparation of food and meals in suitable kitchen facilities with service of such food and beverages to patrons. Food or drink are prepared and served within an enclosed building or outside dining area and predominantly consumed by customers seated at tables and served by wait staff on the premises. Other activities such as entertainment, the sale and service of alcoholic beverages for on-premises consumption, or the "carry-out" of food for off-premises consumption is considered to be accessory or incidental to the primary purpose of preparing and serving food. Restaurants have permanent seating facilities with sufficient counters or tables and seating to accommodate all customers being served with the surface of such counters or tables sufficient to accommodate full culinary services for each customer. The accessory or incidental sale of alcohol shall not entitle an establishment to be considered a tavern under the terms of this Code. The term "restaurant" shall not be interpreted to include "tavern".

When an establishment includes characteristics shared by both a restaurant and tavern, the Zoning Administrator may consider one or more of the following characteristics when determining whether an establishment is one or the other: (1) days and hours of operation; (2) amount, relative percentage, and type of floor space, seating, tables, etc. devoted to the sale and service of alcoholic beverages vs. the preparation and service of food or other uses or activities; (3) size and type of kitchen facilities; (4) relative percentage of projected or actual business income (e.g., gross receipts) attributable to the sale of alcoholic beverages vs. food and meals; (5) other business, property, building, employee or patron-specific characteristics not listed herein.

(65)

SETBACK OR FRONT 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 2 such yards.

(66)

SIGN. Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trade marks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product and which are visible from any public street or highway.

(67)

SIGN, AWNING. A nonilluminated identification sign painted on or affixed flat to the surface of a movable awning and which does not extend vertically or horizontally from the awning.

(68)

SIGN, CANOPY. A sign affixed to or forming part of a permanent canopy or marquee and which does not extend horizontally beyond the limits of such canopy or marquee.

(68.1)

SIGN, DIRECTIONAL. (Cr. Ord. #24-06) A sign whose message is exclusively limited to guiding the circulation of motorists or pedestrians on the site.

(69)

SIGN, GROUND. A free-standing sign affixed to the ground and independent of any building.

(70)

SIGN, OUTDOOR ADVERTISING. A structural poster, panel or painted sign, either free-standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related or unrelated to the premises upon which located.

(71)

RESERVED. (Rep. Ord. #21-09)

(72)

SIGN, PROJECTING. A sign extending more than 12 inches from the face of a building or structure.

(73)

SIGN, ROOF. A sign erected on or over the roof of a building.

(74)

SIGN, TEMPORARY. (Am. Ord. #21-09; Am. Ord. #4-10) A banner, pennant or advertising display with or without text, graphic, logo or message constructed of wood, metal, cloth, canvas, light fabric, cardboard, vinyl, plastic or other material that is freestanding or mounted on a support structure where, either by type of construction, location of display or purpose, is intended to be displayed for a short period of time. Signs that are specifically prohibited for use as a temporary sign include search lights, inflatables, signs with internal electronic components, or any sign cabinet or other sign that is typically used as a permanent sign that is mounted, displayed or otherwise used on a temporary basis.

(75)

SIGN, WALL. A sign which is attached to a wall of a building or structure and projects no more than 12 inches from such wall or structure.

(76)

SIGNABLE AREA. The signable area of a building is the area of the facade of the building up to the roof line which is free of windows and doors or major architectural detail on which signs may be displayed. In computing signable area, any facade which faces and abuts upon a public street right-of-way may be utilized.

(77)

SIGNIFICANT FACILITIES AND SERVICES SPECIFICALLY DESIGNED TO MEET THE PHYSICAL OR SOCIAL NEEDS OF OLDER PERSONS. (Cr. Ord. #45-95) Those services or facilities defined in the Wisconsin Fair Housing Act, §101.22(lm)(u), Wis. Stats., to wit, includes social and recreational programs; continuing education; information and counseling; recreational, homemaker, outside maintenance and referral services; an accessible physical environment; emergency and preventative health care programs; congregate dining facilities; transportation to facilitate access to social services; and services designed to encourage and assist residents to use the services and facilities available to them.

(78)

STREET. A public right-of-way not less than 60 feet wide providing primary or principal access to abutting properties.

(79)

STREET, ARTERIAL. A street used, or intended to be used, primarily for fast or heavy interneighborhood or intercommunity through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highways and parkways.

(80)

STREET, COLLECTOR. An urban street used, or intended to be used, to carry traffic from minor street to arterials street systems including the principal entrance street to urban residential subdivisions.

(81)

STREET, MINOR. A street used, or intended to be used, primarily for access to abutting properties.

(82)

STRUCTURE. An erection or construction such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.

(83)

STRUCTURAL ALTERATIONS. Any change in the supporting members of a structure such as foundations, bearing walls, columns, beams or girders.

(84)

STRUCTURE, OUTDOOR ADVERTISING. Anything constructed or erected, either free-standing or attached to the outside of a building, for the purpose of conveying information, knowledge or ideas to the public about a subject either related to unrelated to the premises upon which located.

(85)

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the present equalized 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 of the following.

(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.

(86)

SUSTAINED YIELD FORESTRY. Management of forested lands to provide annual or periodic crops of forest products.

(86a)

TAVERN. (Cr. Ord. #14-10) An establishment kept, used, maintained, advertised, or held out to the public as a place where the primary business is the sale and service of alcoholic beverages for on-premises consumption, subject to regulatory authority of the Village of Germantown and consisting of one or more of the following characteristics: age restrictions or cover charges for admission; listening to music; hours of operation which extend beyond the normal dining times for dinner (after 10:00 p.m.). The serving of already prepared snacks, chips, peanuts, pizzas, and other limited menu "short-order" grill items in a tavern is considered to be accessory or incidental to the principal use of serving and consuming alcoholic beverages. The accessory or incidental sale of such snacks or food items shall not entitle an establishment to be considered a restaurant under the terms of this Code. The term "tavern" shall not be interpreted to include "restaurant".

When an establishment includes characteristics shared by both a restaurant and tavern, the Zoning Administrator may consider one or more of the following characteristics when determining whether an establishment is one or the other: (1) days and hours of operation; (2) amount, relative percentage, and type of floor space, seating, tables, etc. devoted to the sale and service of alcoholic beverages vs. the preparation and service of food or other uses or activities; (3) size and type of kitchen facilities; (4) relative percentage of projected or actual business income (e.g., gross receipts) attributable to the sale of alcoholic beverages vs. food and meals; (5) other business, property, building, employee or patron-specific characteristics not listed herein.

(87)

USE, ACCESSORY. See ACCESSORY USE.

(88)

USE, PERMITTED. A use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and standards of such district.

(89)

USE, PRINCIPAL. The main use of land or a building as distinguished from a subordinate use.

(90)

USE, TEMPORARY. (Rep. & Recr. Ord. #32-91) Impermanent uses of an occasional nature not exceeding 6 months duration. Temporary uses shall not involve the use of permanent structures, permanent signs or portable signs.

(91)

USE, UNCLASSIFIED OR UNSPECIFIED. A use not specifically enumerated as a permitted use or conditional use in a particular zoning district.

(92)

YARD, FRONT. See SETBACK or FRONT YARD.

(93)

YARD, REAR. An open space on the same lot with a main building, unoccupied except as hereinafter permitted, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the real line of the lot, or the center line of the alley if there be an alley, and the rear line of the building.

(94)

YARD, SIDE. An open unoccupied space on the same lot with a main building, situated between the side of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If there be no front yard, the front boundary of the side yard shall be the front line of the lot, and if there be no rear yard, the rear boundary of the side yard shall be the rear line of the lot. The side yard on corner lots shall extend from the rear line of the front yard to the rear line of the lot in every case.