City of Washburn

A Zone 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.

Abandoned sign A sign that for more than 60 calendar days has not correctly advertised a bona fide business, lessor, owner, product, or activity conducted on or off the intended premises, or a product available on the premises where the sign is displayed or elsewhere.

Abutting Having a common property line or district line.

Accessory building See building, accessory

Accessory use See land use, accessory

Acre A unit for measuring surface area. One acre is equal to 43,560 square feet.

Adult arcade An establishment wherein coin, slug, electronically, or mechanically controlled or operated still or motion picture machines, projectors, computers, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bath house An establishment that provides a bath as a service, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the state of Wisconsin and which provides to its patrons an opportunity for engaging in specified sexual activities.

Adult body painting studio An establishment wherein patrons are afforded an opportunity to be painted or to paint images on specified anatomical areas. The term does not include a tattoo parlor.

Adult book/video store An establishment having as its stock in trade the sale, rental, or lease for any form of consideration, any one or more of the following:

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, video reproductions, slides, or other visual representations which are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas;
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities;
Facilities for the presentation of “Adult Entertainment” as defined herein, include adult-oriented films, motion pictures, video cassettes, video reproductions, slides, or other visual representation for observation by patrons therein.

This definition excludes films, motion pictures, video cassettes, streaming videos, DVDs, slides or other similar photographic reproductions given an “R” or “NC-17” rating by the Motion Picture Association of America.

Adult cabaret An establishment, such as a nightclub, dance hall, bar, restaurant, or similar establishment, that regularly features (1) persons who appear semi-nude; (2) live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (3) film, motion pictures, video cassettes, streaming videos, DVDs, slides or other photographic reproductions, which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas. This definition excludes films, motion pictures, video cassettes, slides, or other similar photographic reproductions given an “R” or “NC-17” rating by the Motion Picture Association of America.

Adult massage parlor An establishment with or without sleeping accommodations that provides the service of massage or body manipulation, including exercise, heat, and light treatment of the body, and any form or method of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the state of Wisconsin and which also provides its patrons with the opportunity to engage in specified sexual activities.

Adult modeling studio An establishment that provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or other means.

Adult motel An establishment that (1) offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, film, motion pictures, video cassettes, video reproductions, slides, or other visual reproductions characterized by depicting or describing specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this type of adult entertainment; (2) offers a sleeping room for rent for a period of time that is less than 10 hours; or (3) allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than 10 hours.

Adult theater An establishment that, for any form of consideration, regularly shows films, motion pictures, video cassettes, streaming videos, DVDs, slides, or similar photographic reproductions, which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. This definition excludes films, motion pictures, videocassettes, streaming videos, DVDs, slides or other similar photographic given an “R” or “NC-17” rating by the Motion Picture Association of America.

AH Zone See area of shallow flooding

Alley An accessway providing vehicular access to the back or side of one or lots which also front on a street.

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.

Annexation The process as authorized by state law by which land is removed from a town and added to a city or village. (In contrast see detachment)

Antenna Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

Commentary: This definition is based on the corresponding definition in s. 66.0404, Wis. Stats.

AO Zone See area of shallow flooding

Appeal A process initiated by an aggrieved party to review a decision made pursuant to this chapter or an alleged failure to act as required by this chapter.

Applicant A person that submits an application as required by this chapter.

Aquifer A saturated, permeable geologic formation that contains and will yield significant quantities of water.

Arbor A structure over a walkway or other open area often supporting vines or other plants.

Area of shallow flooding A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s flood insurance rate map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 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.

Areaway An excavated area next to a building that provides access, light, or both, to a door or one or more windows in an exterior basement wall.

Arterial street A public street so designated on the zoning map or map supplement. (In contrast see collector street)

Assessed value See equalized assessed value

Auto title loan business Any person licensed pursuant to s. 139.09, Wis. Stats., who makes a loan that is secured by an interest, other than a purchase money security interest, in the borrower’s motor vehicle.

Awning A sloped, roof-like feature that projects beyond the face of an exterior wall. An awning is typically placed above a door or window to provide protection from the sun and precipitation. An awning can be constructed of various materials, including metal, fabric, or plastic. An awning may be non-retractable or retractable so as to fold up against the building when not in use. (Also see marquee)

Awning sign See sign, awning

Balcony A floor area that projects beyond the exterior wall of an upper story, is enclosed by a half wall or railing, and is only accessible from the buildings interior. A balcony can be supported by columns or brackets or be cantilevered.

Base district See zoning district, base

Base flood The flood having a one percent chance of being equaled or exceeded in any given year, as published by the Federal Emergency Management Agency (FEMA) as part of a flood insurance study (FIS) and depicted on a flood insurance rate map (FIRM).

Basement An enclosed area of a building having its floor sub-grade (i.e., below ground level, on all sides).

Berm A mound or embankment of earth typically installed to provide screening or for aesthetic effect.

Bioswale A feature that is specifically designed to collect stormwater from parking lots and streets and to infiltrate and filter the collected water. Bioswales are generally landscaped and include features to handle large stormwater flows.

Block A group of contiguous lots within a well-defined area and bounded by fixed boundaries such as streets, public land, and waterways. A block is usually assigned a number, letter, or other designation that is commonly used as part of a lot’s legal description (e.g., Lot 1 of Block 2 of Fairway View subdivision).

Board of appeals See zoning board of appeals

Body piercer An individual who performs body piercing on another upon his or her request.

Body piercing The perforating of any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing.

Breezeway A roofed structure without sides that connects two buildings.

Bufferyard A linear strip of undeveloped land, along with landscaping or a fence, that is located between two different zoning districts that have potentially incompatible characteristics. Bufferyards are intended to create separation between the incompatible land uses and eliminate or lessen the impacts (e.g., noise, dust, glare of lights, outdoor activities) of the most intrusive land use on the other.

Building A structure having a roof supported by columns or walls that is used or intended for the shelter or enclosure of people, animals, equipment, or property of any kind.

Building codes Those regulations adopted by a municipality or the state of Wisconsin that regulate the construction, repair, alteration, and maintenance of buildings.

Building coverage The area of a lot that is occupied by those buildings and structures specified in this chapter. Depending on the context, building coverage could refer to the actual or proposed amount, or the maximum amount that is permitted in a particular zoning district. (In contrast see impervious coverage

Commentary: See s. 8-68 that describes how building coverage is measured.

Building height As the context indicates, the height of an existing, proposed, or permitted building.

Commentary: See s. 8-67 that describes how building height is measured.

Building inspector The individual so designated by the City of Washburn. (In contrast see zoning administrator)

Building permit A permit issued prior to the construction of, or addition to, a structure. (In contrast see zoning permit)

Building scale The relationship between the mass of a building and its surroundings; including streets, open spaces, and surrounding buildings. Mass is the three-dimensional bulk of a structure: height, width, and depth.

Building, accessory A building that is clearly incidental and subordinate to and customarily found with a principal use.

Building, principal The building in which the principal use of the lot on which it is located is conducted.

Bulkhead line A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Wisconsin Department of Natural Resources pursuant to s. 30.11, Wis. Stats., and which allows limited filling between this bulkhead line and the original ordinary high-water mark, except where such filling is prohibited by the floodway provisions.

Burden of proof The obligation of a party to establish a fact by evidence.

Caliper The diameter of a tree, measured at a point 6 inches above the ground line if the resulting measurement is not more than 4 inches. If the resulting measurement is more than 4 inches, the measurement is taken 12 inches above the ground line.

Commentary: The plant nursery trade uses this measurement standard, while the timber industry uses diameter breast height (DBH)

Campground space A designated portion of a campground that is rented for the exclusive use of its occupants. A campground space may include a parking spur, fire ring, table, and other amenities.

Camping unit When used in the context of the floodplain regulations, a 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, pickup truck, or tent that is fully licensed, if required, and ready for highway use.

Canopy A permanent, roof-like feature above a driveway or a sidewalk to provide protection from the elements.

Canopy sign See sign, canopy

Certificate of appropriateness A certificate issued by the Washburn Historic Preservation Commission, pursuant to Chapter 4 of Title 13 of the municipal code, approving the alteration, rehabilitation, construction, or demolition of a historic structure or historic site.

CFR An abbreviation for Code of Federal Regulations

Channel A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

City The City of Washburn, Bayfield County, State of Wisconsin.

Clear vision triangle See vision triangle

Cold frame A transparent-roofed enclosure, built low to the ground, used to protect plants from adverse weather, primarily excessive cold or wet.

Collector street A public street so designated on the zoning map or map supplement. (In contrast see arterial street)

Co-location The location of multiple antennas of more than one commercial wireless communication service provider or governmental entity on a single tower or alternative tower structure.

Commercial zoning district A base zoning district so designated in s. 8-22. (See also industrial zoning district, residential zoning district, and special zoning district)

Common Council The City of Washburn Common Council, state of Wisconsin.

Compost bin A structure built to house compost which aids in the decomposition of organic matter through aeration and water retention.

Comprehensive plan The document adopted by the Common Council consistent with s. 66.1001, Wis. Stats.

Conditional use See land use, conditional

Conditional use order A written decision issued by the Common Council authorizing the zoning administrator to issue a conditional use permit provided those conditions imposed by the council precedent to the issuance of the permit have been satisfied.

Conditional use permit A permit issued by the zoning administrator authorizing establishment of a conditional use consistent with the provisions of this chapter.

Condominium A form of property ownership where multiple owners individually own specified portions of a building along with any common elements.

Conversion order A written decision issued by the Common Council authorizing the property owner to convert an existing nonconforming use to a different nonconforming use that is determined to be of the same or lesser degree of nonconformity.

Corner lot See lot, corner

Crawl space An enclosed area below the first usable floor of a building, generally less than 5 feet in height, used for access to plumbing and electrical utilities. (In contrast see basement)

Curb The barrier used to separate streets and other vehicle use areas from the surrounding environs.

Cutoff luminaire See luminaire, cutoff

Deck A structure characterized by a flat, unroofed, horizontal surface or platform suspended above the grade of the land it covers and which may be supported by posts, beams, cantilever, or other similar methods. (In contrast see stoop)

Detachment The process as authorized by state law by which land is removed from a city or village and added to a town. (In contrast see annexation)

Development An activity that must comply with, or is anyway regulated by, this chapter.

Development agreement A contract between a developer and a municipality that describes the obligations of both parties regarding a private development project.

Disability A mental or physical impairment that substantially limits one or more life activity.

Distinguished or characterized by The dominant or principal theme of the object referenced. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas,” the films so described are those whose dominant or principal character and theme are the exhibition or display of specified sexual activities or specified anatomical areas.

District See zoning district

Double frontage lot See lot, through

Drainage system When used in the context of shoreland-wetland zoning regulations, one or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Driveway A private route of ingress and egress from a private or public right-of-way, which provides access to residential dwellings/units, business buildings, or properties.

Dryland access A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles.

Dwelling unit A building, or portion thereof, that provides complete, independent living facilities for one household unit, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dynamic sign display See electronic message display

Easement A non-possessory legal interest a person has in the property of another for a specific use. An easement may apply to the entire property or a portion thereof and may be perpetual or temporary, expiring after a period of time or after a certain event occurs. A utility easement, for example, gives any person with a right to use the easement the right to install and maintain utilities across, over, or under the subject land. A road easement would likewise allow the installation and maintenance of a driveway or roadway along with ancillary utilities.

Electronic message display A sign message that can change by electronic means. (In contrast see static display)

Encroachment Any fill, structure, equipment, use, or development in the floodway.

Environmental control facility When used in the context of shoreland-wetland zoning regulations, a temporary or permanent facility that is reasonably expected to abate, reduce, or aid in the prevention, measurement, control, or monitoring of noise, air, or water pollutants, solid waste and thermal, 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.

EPA Phase 2 qualified model An exterior fuel-fired heating device so designated by the U.S. Environmental Protection Agency (EPA). Such units have a white tag.

Equalized assessed value The assessed value placed on a building, premises, structure, or fixture by the City assessor. Such valuation shall be prima facie evidence of an assessed value of the lot.

Equipment compound When used in the context of telecommunication facilities, the area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.

Commentary: Definition derived from s. 66.0404(1), Wis. Stats.

Established road grade The elevation of the finished road at the centerline or curb as fixed by the city engineer or building inspector.

FAA An acronym for Federal Aviation Administration

Facade The exterior face of a building including projections from and attachments to the building’s face. Projections and attachments include balconies, decks, porches, awnings, and chimneys.

Fall zone When used in the context of telecommunication facilities, the area over which a mobile support structure is designed to collapse.

Commentary: Definition taken from s. 66.0404(1), Wis. Stats.

Family See household unit

Farm drainage ditch An artificial channel that drains water from lands currently used for agricultural purposes.

Commentary: This term is used in the definition for navigable water.

FCC An abbreviation for Federal Communications Commission

Federal Communications Commission (FCC) A federal agency established by the Communications Act of 1934 to regulate broadcast communications (e.g., wire, radio, and television) in the United States.

Federal Emergency Management Agency (FEMA) A federal agency created in 1979 with a mission to reduce loss of life and property and protect our nation's critical infrastructure from all types of hazards through a comprehensive, risk-based emergency management program of mitigation, preparedness, response, and recovery. It administers the National Flood Insurance Program among others.

FEMA An acronym for Federal Emergency Management Agency

Financial guarantee A performance bond, maintenance bond, surety bond, irrevocable letter of credit, or similar guarantee that a developer submits to the City to ensure the completion of an obligation relating to a development project.

Fire lane A hard surfaced travelway extending along one or more sides of a building or other structure that provides access exclusively for fire fighters.

FIRM An acronym for flood insurance rate map

FIS An abbreviation for flood insurance study

Fixed houseboat 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.

Flag Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of government, political subdivision, or other public, private or governmental entity.

Flag lot See lot, flag

Flood A general and temporary condition of partial or complete inundation of normally dry land areas caused by (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 insurance rate map (FIRM) 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 (FIS) A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood insurance rate maps that accompany the flood insurance study form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

Flood profile A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river.

Flood protection elevation An elevation of 2 feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see freeboard)

Floodfringe That portion of the floodplain outside of the floodway that is covered by flood waters during the regional flood and associated with standing water rather than flowing water. (In contrast see floodway)

Floodplain Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. (Also see regional flood)

Floodplain island A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood.

Floodplain management Policies and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations.

Floodproofing Any combination of structural provisions, changes, or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage.

Floodway The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge.

Floor area The maximum horizontal projected area of a building measured at each level from outside wall to outside wall.

Flyaway barrier A solid vertical surface, typically a wall, fence, or vegetation, placed along a property boundary line that forces honeybees to fly above the height of a typical person at the property line when go to and leaving the beehive.

Footcandle (FC) The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.

Freeboard A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed.

Front yard See yard, front

Fugitive dust Solid airborne particulate matter resulting from any activity conducted on a parcel.

Glare The stray unshielded light striking the eye that may result in (i) nuisance or annoyance glare such as the light shining into a window; (ii) discomfort glare such as bright light causing squinting of the eyes; or (iii) disabling glare such as bright light reducing the ability of the eyes to see into shadows or reduction of visual performance.

Habitable structure A structure or portion thereof used or designed for human habitation.

Hazard A condition, whether manmade or natural, that presents a tangible danger to the public health, safety, and general welfare.

Hazardous substance A material regulated by the Emergency Planning nd Community Right-to-Know Act of 1986, 42 USC 1101-11050, as may be amended.

Hazardous waste A waste or combination of wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.

High flood damage potential Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents.

Highest adjacent grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Highway width map A map adopted by Bayfield County pursuant to s. 66.1031, Wis. Stats.

Historic preservation commission The body created pursuant to Title 13, Chapter 4 of the municipal code.

Historic site Any parcel of land so designated by the Historic Preservation Commission pursuant to the procedures and requirements in Title 13, Chapter 4 of the municipal code.

Historic structure A structure that is (i) 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; (ii) 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; (iii) 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 (iv) 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.

Holiday lighting A string of individual low-wattage lamps temporarily installed in connection with a holiday or religious observance and removed after such observance.

Household unit An individual living alone in a dwelling unit, or 2 or more individuals living together in a dwelling unit who are related by blood, marriage, adoption, or other legal means, or a group of not more than 6 adult individuals who are not so related who live together as a single housekeeping unit in a dwelling unit. A single housekeeping entity infers the use in common of all spaces, household services, and utilities with a single source of food preparation for all occupants.

Impervious coverage The area of a lot that substantially reduces or prevents the infiltration of stormwater into the ground. Depending on the context, impervious coverage could refer to the actual or proposed amount, or the maximum amount that is permitted in a zoning district. (In contrast see building coverage.

Commentary: See s. 8-69 that describes how impervious coverage is measured.

Increase in regional flood height A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions, which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients, and discharge.

Industrial zoning district A base zoning district so designated in s. 8-22. (See also commercial zoning district, residential zoning district, and special zoning district)

Interior lot See lot, interior

Lamp The component of a luminaire that produces the actual light.

Land The earth, water, and air, above, below, or on the surface.

Land use As the context indicates (i) the development that has occurred on the land, (ii) development that is proposed for the land, or (iii) the use permitted for the land under this chapter.

Land use, accessory A land use that is incidental and subordinate to and customarily found with a principal land use.

Land use, conditional A land use, which by its nature, character, or circumstance, is so unique or so dependent upon specific conditions that permissibility by right is not practical, but which may be permitted subject to certain conditions and requirements as determined by the reviewing authority.

Land use, permitted by right A land use that is allowed throughout a specified zoning district. Land uses permitted by right may be reviewed to ensure that all provisions of local, state, and federal regulations are met.

Land use, principal The main or primary use of a property as may be allowed under this chapter.

Commentary: In some situations, a parcel of land can have more than one principal land use.

Land use, temporary A land use which is on a parcel of land for a limited and specified period of time.

Landscape island An area reserved for landscaping within a parking lot or other paved or improved area.

Landscape plan A drawing of a subject property that shows existing and/or proposed landscaping elements and other features as required by this chapter. Depending on the nature of the development project, the content of a landscaping plan can be shown on a site plan. (Also see site plan)

Legal nonconforming building See nonconforming building, valid prior

Legal nonconforming lot See nonconforming lot, valid prior

Legal nonconforming sign See nonconforming sign, valid prior

Legal nonconforming structure See nonconforming structure, valid prior

Legal nonconforming use See nonconforming use, valid prior

Light fixture See luminaire

Light pollution Any adverse effect of artificial light including, glare, light trespass, sky glow, energy waste, compromised safety and security, and impacts on the nocturnal environment.

Light trespass Light that falls beyond the property it is intended to illuminate.

Livestock Any of the following animals: bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids (e.g., alpacas, lamas, camels), and ratites (e.g., emus, ostriches).

Loading area A designated place on a parcel of land that is used for the loading or unloading of freight carriers.

Lot A land area having a definable location based on a survey or similar legal instrument recorded by the Bayfield County register of deeds. Where a navigable stream, navigable body of water, mil tax road, or public right-of-way divides a single described parcel into two or more parts, such severed portions shall be considered separate individual lots provided they meet the use, building location, and area regulations of the zoning district in which they are located. Where such separate parcels do not meet such use, building, location, and area regulations they, in combination, shall be considered to be a single lot for regulatory purposes, computation of area requirements, and other locational provisions of this chapter.

Lot area As the context indicates, the minimum required area of a lot, actual area of a lot, or proposed area.

Commentary: See s. 8-62 that defines how lot area is measured.

Lot line A line dividing one parcel of land from another.

Lot line, front The lot line described for each of the following types of lots. (1) For an interior lot, the property boundary line abutting a road right-of-way. (2) For a corner lot, the line abutting a street providing physical access (i.e., driveway) to the property. (3) For a through lot, the property boundary line abutting the road providing the primary access to the lot. (4) For a flag lot, the interior lot line most parallel to and nearest the road from which physical access is obtained.

Lot line, rear A lot line that does not intersect a front lot line and that is most distant from and most closely parallel to the front lot line.

Lot line, side A lot line that is not a front or rear lot line.

Lot width As the context indicates, the minimum required width of a lot, actual width, or proposed width.

Commentary: See s. 8-63 that describes how lot width is measured.

Lot, corner A lot situated at the junction of and fronting on two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

Lot, flag A lot which has a narrow strip of land that extends from the main part of the lot where a building could be lawfully constructed to the road.

Lot, interior A lot that abuts only one street and has lots along both of its sides.

Lot, through A lot having a frontage on two streets that are more or less parallel to one another. On a through lot, both street lines shall be deemed front lot lines.

Lowest adjacent grade The elevation of the lowest ground surface that touches any of the exterior walls of a building.

Lowest floor 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.

Low-impact stormwater design A design approach to stormwater management intended to mimic the predevelopment hydrology of a site. Initial site design strategies include minimizing impervious surfaces and the integration of existing wetlands, riparian areas, and other environmentally sensitive natural resources into the overall site design. Manmade features, generally distributed throughout the site, are also used to store, infiltrate, evaporate, and detain stormwater runoff. Examples of such features include bioswales, rain gardens, and pervious surfaces.

Lumen A unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire.

Commentary: The lumen output of a lamp is typically listed on the packaging. A 60-watt incandescent lamp produces 950 lumens and a 55-watt low-pressure sodium lamp produces 8,000 lumens.

Luminaire A complete lighting unit, consisting of one or more lamps and ballast(s), if any, together with the parts designed to distribute the light (e.g., reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

Luminaire, cutoff A luminaire that is designed and installed so that the luminous intensity at or above an angle of 90 degrees above nadir (as measured directly below the lamp to the ground) does not exceed 2.5 percent of the luminous flux of the lamp or lamps in the luminaire, and the luminous intensity at or above a vertical angle of 80 degrees above nadir does not exceed 10 percent of the luminous flux of the lamp or lamps in the luminaire.

Luminaire, shielded A luminaire that is designed and installed so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

Maintenance and repair See ordinary maintenance and repair

Manufactured home A dwelling unit that is constructed in an off-site facility in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, as amended. (Note: A manufactured home bears a red insignia which certifies that it meets all applicable federal construction and safety standards.)

Marquee A flat, roof-like feature that projects beyond the face of an exterior wall. A marquee is typically placed above a door or window to provide protection from the sun and precipitation.

Marquee sign See sign, marquee

Mausoleum An above-ground structure that is used or intended to be used for the burial of human remains.

Mausoleum, private A mausoleum designed to hold no more than 10 human remains and no spaces are offered for sale to the general public.

Mausoleum, public A mausoleum designed to hold more than 10 human remains or a mausoleum in which at least one mausoleum space is offered for sale to the general public.

Minor structure Any small movable, accessory erection or construction such as birdhouses, tool houses, pet houses, play equipment, arbors and walls and fences under 4 feet in height.

Mitigate To take an action designed to offset or rectify a negative effect.

Mobile service A radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (1) both one-way and two-way radio communication services; (2) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and (3) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.[1]

Commentary: This definition is based on the corresponding definition in s. 66.0404, Wis. Stats.

Mobile service facility The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.

Commentary: This definition is based on the corresponding definition in s. 66.0404, Wis. Stats.

Mobile service provider A person who provides mobile service.

Commentary: This definition is based on the corresponding definition in s. 66.0404, Wis. Stats.

Model, corrected effective 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 A copy of the hydraulic analysis used in the effective flood insurance study and referred to as the effective model.

Model, effective The hydraulic engineering model that was used to produce the current effective flood insurance study.

Model, existing (pre-project) 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) A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions.

Modular home A dwelling unit that meets local building codes and which was constructed off site in a factory as separate modules which are joined together and set on a permanent foundation.

Monument sign See sign, monument

Mulch A nonliving organic or inorganic material customarily used in landscape design to retard erosion, retain soil moisture, maintain even soil temperature, control weeds, and/or enrich the soil. Examples of materials often used include tree bark, wood chips, and decorative stones.

Municipal code The compilation of laws as adopted by the City of Washburn Common Council.

Mural A painting or other artwork applied to and made integral with the surface of an exterior wall or other large permanent surface that depicts a scene or event of natural, social, cultural, or historical significance. (Also see sign)

Natural Resources Conservation Service (NRCS) Natural Resources Conservation Service (NRCS) A federal agency created in 1935 within the U.S. Department of Agriculture to work with private land owners and managers to conserve their soil, water, and other natural resources by providing technical and financial assistance. From 1935 to 1994, it was known as the Soil Conservation Service (SCS).

NAVD (North American Vertical Datum) Elevations referenced to mean sea level datum, 1988 adjustment.

Navigable waterway Lake Superior, Lake Michigan, natural inland lakes, streams, ponds, sloughs, flowages, and other waters, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.[1] The term does not include farm drainage ditches if (i) such lands are not adjacent to a natural navigable stream or river, (ii) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching, and (iii) such lands are maintained in nonstructural agricultural use. (Also see definition of farm drainage ditch)

Commentary: In Wisconsin, a navigable body of water is capable of floating the lightest boat or skiff used for recreation or any other purpose on a regularly recurring basis. See DeGayner & Co., Inc. v. DNR, 70 Wis. 2d 936 (1975) and Village of Menomonee Falls v. DNR, 140 Wis. 2d 579 (Ct. App. 1987).

New construction For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures.

NGVD (National Geodetic Vertical Datum) Elevations referenced to mean sea level datum, 1929 adjustment.

Nonconforming building, valid prior A building that at the time of construction conformed to the then existing regulations including size, height, location, and other dimensional standards, but is now inconsistent with this chapter. (Also referred to as nonconforming building)

Nonconforming lot, valid prior A lot that at the time of creation conformed to the then existing regulations including lot size, dimensions, lot configuration, and other dimensional and design standards, but is now inconsistent with this chapter. (Also referred to as nonconforming lot)

Nonconforming sign, valid prior A sign that at the time of construction or placement conformed to the then existing regulations including size, location, and other dimensional standards, but is now inconsistent with this chapter. An abandoned sign does not qualify as a nonconforming sign. (Also referred to as nonconforming sign)

Nonconforming structure, valid prior A structure that at the time of construction or placement conformed to the then existing regulations including size, location, and other dimensional standards, but is now inconsistent with this chapter. (Also referred to as nonconforming structure)

Nonconforming use, valid prior A use of land that at the time of establishment conformed to the then existing regulations, but is now inconsistent with this chapter. (Also referred to as nonconforming use)

NRCS An abbreviation for Natural Resources Conservation Service

Obstruction to flow Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height.

Official floodplain zoning map That map, adopted and made part of this chapter, as described in s. 9-22 [1.5(2)], which has been approved by the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).

Off-premise sign See sign, off-premise

Offset See setback

On-premise sign See sign, on-premise

Operating standards Regulations in this chapter that control the ongoing operation of a land use, including related business practices.

Ordinary high-water mark (OHWM) 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. Where the bank or shore of any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high-water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark.

Ordinary maintenance and repair Those activities related to the general day-to-day maintenance of a building or other similar structure including interior remodeling; painting, decorating, paneling, plumbing, insulation, the repair of cracks in a foundation wall, the application of waterproof coatings to a foundation wall, and the replacement of windows, doors, electric wiring, siding, roofing materials, and other nonstructural components. (In contrast see structural alteration)

Overlay zoning district See zoning district, overlay

Panelized home A dwelling unit that meets local building codes and which was constructed off site in a factory generally as flat panels (e.g., walls, roof, and floor) which are joined together and set on a permanent foundation.

Parking space An area permanently reserved and maintained for the parking of one motor vehicle that meets the dimensional standards of this chapter.

Patio An at-grade surfaced area intended for outdoor living that may be next to a building or separated from a building.

Payday loan business Any person licensed pursuant to s. 218.05, Wis. Stats., or a person licensed pursuant to s. 139.09, Wis. Stats., who accepts a check, holds the check for a period of time before negotiating or presenting the check for payment, and pays to the issuer an agreed-upon amount of cash, or who refinances or consolidates such a transaction.

PDD An abbreviation for planned development district

Permanent foundation A foundation wall under the entire perimeter of a building.

Permitted use See land use, permitted by right

Person An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

Pier A structure extending into navigable waters from the shore with water on both sides, that is built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally. (Also see wharf)

Plan Commission The commission established by the Common Council to make recommendations and decisions relating to planning and land use issues as authorized by Wisconsin Statutes.

Plan of operation A document describing the operation of a particular enterprise and other related matters as may be required by this chapter. (Also see site plan)

Planned development district (PDD) A base zoning district established pursuant to this chapter that has “PDD” followed by a number as its abbreviation (e.g., PDD-1).

Playhouse An accessory building, either at ground level or elevated, or supported by a tree, characteristically used by children for play.

Political message A message intended for a political purpose or a message which pertains to an issue of public policy of possible concern to the electorate, but does not include a message intended solely for a commercial purpose.

Commentary. See s. 12.04(1)(b), Wis. Stats

Porch A part of a building with a roof of its own that covers an entrance.

Pre-cut home A dwelling unit that meets local building codes and which was largely constructed off site in a factory and then disassembled and transported to the site where it is reassembled and set on a permanent foundation.

Principal building The primary building on a lot housing a principal use.

Principal land use See land use, principal

Principal use See land use, principal

Private sewage system A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Wisconsin 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.

Projecting sign See sign, projecting

Property boundary line See lot line

Public notice The means that a governmental body uses, or is required to use, to formally notify people and other interested entities of a pending governmental hearing or proposed action.

Public utilities When used in context of the 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.

Public utility A public utility as defined in s. 196.01, Wis. Stats.

Commentary: This definition is based on the corresponding definition in s. 66.0404, Wis. Stats..

Rain garden A planted area that is designed, with respect to placement and plant selection, to filter and temporarily store stormwater runoff from impervious surfaces.

Rear yard See yard, rear

Reasonably safe from flooding Base flood waters 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.

Recreational vehicle (RV) A motorized vehicle that has a cabin for living accommodations and is commonly used for recreational travel and touring. Vehicles included in this category come in several forms including travel trailers, tent trailers and camping trailers, all of which must be towed by another vehicle; and truck campers, motor homes, and camper vehicles, all of which have a motor within the body of the vehicle and are self-propelled.

Regional flood A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the flood insurance rate maps (FIRM), the regional flood elevations is equivalent to the base flood elevation (BFE).

Regularly features or regularly shows A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as part of the ongoing business of the adult establishment.

Repair and maintenance See ordinary maintenance and repair

Residential zoning district A base zoning district so designated in s. 8-22. (See also commercial zoning district, industrial zoning district, and special zoning district)

Reviewing authority As the context indicates, the zoning administrator, Plan Commission, Common Council, or Zoning Board of Appeals.

Rezoning See zoning map amendment

Right-of-way A strip of land dedicated to or acquired by the City of Washburn, Bayfield County, or the state of Wisconsin for public use. (In contrast see easement)

Roof pitch A measure of the steepness of a roof, commonly expressed as the vertical rise over a horizontal run of 1 foot. For example, a roof with a pitch of 8:12 rises 8 inches for every horizontal foot.

Roof sign See sign, roof

Scoreboard An outdoor, permanent sign operated by a school district or the City, located on or adjacent to a sporting field, which provides information to participants and spectators about a sporting match then and there in progress and which may, in addition to such information, also provide other information.

Screen A feature, such as a wall, fence, hedge, berm, or similar feature used to shield or obscure elements of a development from adjacent sites.

Search light A device intended to emit a bright beam of light high into the night sky with intent to be visible from rights-of-way, or passersby at great distances.

Search ring When used in the context of telecommunication facilities, a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.

Commentary: Definition taken from s. 66.0404(1), Wis. Stats.

Semi-nude or semi-nude condition The showing of the human male or female genitals, pubic area, vulva or anus, with not more than a complete opaque covering, or the showing of the female breast with not more than a complete opaque covering of any part of the nipple or areola.

Setback A specified horizontal distance between two actual or imaginary features (e.g., property boundary lines, ordinary high-water mark, structures, wells, and septic systems).distance.

Commentary: See s. 8-66 that describes how setbacks are measured.

Setback averaging An approach to determining the minimum required setback when the subject property is in an area of previously developed lots and the actual setbacks on those lots are less than the required setback for the district in which the subject property is located.

Shared parking One or more parking spaces that partially or entirely meet the parking requirements of two or more land uses.

Shielded luminaire See luminaire, shielded

Shoreline buffer zone An area extending from the ordinary high-water mark of navigable water bodies landward for a horizontal distance of 35 feet.

Shoreline setback A building setback requirement extending from the ordinary high-water mark of navigable waterbodies landward for a horizontal distance of 50 feet.

Side yard See yard, side

Sight triangle See vision triangle

Sign A device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. (Also see mural and flag)

Sign copy The message of a sign including lettering, logos, graphics, and the like.

Sign permit A written permit authorizing the erection, construction, enlargement, alteration, relocation, or conversion of a sign.

Sign, awning A sign painted on or attached flat against the surface of an awning.

Sign, canopy A sign attached to and made part of a canopy.

Sign, marquee A sign attached to and made part of a marquee.

SIgn, monument A free-standing sign that is supported by a base extending from the ground surface to the bottom, or to nearly the bottom, of the sign face.

Sign, off-premise A sign that is used to convey a message that is not specifically related to the premises where the sign is located.

Sign, on-premise A sign that is used convey a message specifically related to the premises where the sign is located.

Zoning Code | Definitions