SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS CHAPTER 2 DEFINITIONS Section 13W-2-1 Purpose The purpose of this Chapter is to define words, terms and phrases contained in this Article which are essential to the understanding, administration and enforcement of this Article, and which are not part of common English usage. Section 13W-2-2 Word Usage The interpretation of this Article shall abide by the provisions and rules of this Section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the manifest intent of this Article. (a) Words used or defined in one tense or form shall include other tenses and derivative forms. (b) Words in the singular number shall include the plural number, and words in the plural number shall include the single number. (c) The masculine gender shall include the feminine, and the feminine gender shall include the masculine. (d) The words "shall", "must" and "will" are mandatory. (e) The words "may", "can" and "might" are permissive. (f) The word "person" includes individuals, firms, corporations, partnerships, associations, trusts, and any other similar entities. (g) The word "City" shall mean the City of Sun Prairie, Wisconsin. (h) The word "County" shall mean the County of Dane, Wisconsin. (i) The word "State" shall mean the State of Wisconsin. (j) The word "Commission" shall mean the City of Sun Prairie Plan Commission. (k) The words "Council", "City Council", and "Common Council" shall refer to the City of Sun Prairie Common Council. (l) The word "Board" shall mean the City of Sun Prairie Board of Zoning Appeals. (m) If there is any ambiguity between the text of this Article and any caption, illustration, or table, the text shall control. (n) The word "Town" shall mean the Town of Windsor. (o) The word "Staff" shall mean both Town and City personnel. 5 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA Section 13W-2-3 Abbreviations (a) The following abbreviations are used in this Article and are intended to have the following meanings: AC ac CC CR-5ac db ER-1 FAR ft GSA GSR HI ind ISR LSR max MBS MGD min MH MLA MR-8 MSA na NC NDA nonres res req AG-35ac RPA SC SI SO SR-4 sf sq st UC UI UR-12 89+ 16+ % # #F NOTE: Agricultural Commercial (zoning district) acre Central Commercial (zoning district) Countryside Residential (zoning district) decibel Estate Residential (zoning district) Floor Area Ratio foot Gross Site Area Green Space Ratio Heavy Industrial (zoning district) industrial Impervious Surface Ratio Landscape Surface Ratio maximum Maximum Building Size Maximum Gross Density minimum Maximum Height Maximum Lot Area Mixed Residential (zoning district) Minimum Site Area not applicable Neighborhood Commercial (zoning district) Net Developable Area nonresidential residential required Agricultural (zoning district) Resource Protection Area Suburban Commercial (zoning district) Suburban Industrial (zoning district) Suburban Office (zoning district) Suburban Residential (zoning district) square feet square street Urban Commercial (zoning district) Urban Industrial (zoning district) Urban Residential (zoning district) eight or fewer nine or more sixteen or more percent number number of floors Additional definitions are used in Table 13W-8-9(d)(1), and are defined at the bottom of said Table. 6 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS Section 13W-2-4 Definitions (a) The following words, terms and phrases, wherever they occur in this Article, shall have the meanings ascribed to them by this Section. (b) Definitions provided by this Section include: (1) Abutting: Having a common border with, or being separated from such common border by an alley or easement. (2) Access: A means of vehicular approach, i.e., entry to or exit from a property, street or highway. (3) Access, secondary: A means of vehicular or non-vehicular approach, entry to, or exit from property from a source other than a public street or highway. (4) Access standards: See Section 13W-9-2. (5) Acre: 43,560 square feet. (6) Accessory use or structure: A use or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto. See Section 13W-4-2(e). (7) Active outdoor public recreational (land use): See Section 13W-4-6 (c)(2). (8) Activity center: An area which is typified by a concentration of nonresidential and/or multi-family development. (9) Addition: Any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls in new construction. (10) Adjacent: Abutting, or being located directly across a right-of-way from, a separate lot. (11) Agricultural Commercial district: See Section 13W3-5(c)(9) (12) Agricultural district: See Section 13W-3-2 and 13W-3-5. (13) Agricultural land use(s): See Section 13W-4-6(b). (14) Agricultural services (land use): See Section 13W-4-6(b)(4). (15) Air pollution standards: See Section 13W-9-10. (16) Airport (land use): See Section 13W-4-6(f)(2). (17) Alley: A public right-of-way usually of reduced width which affords a secondary means of access to abutting property. (18) Amendment of zoning regulations: See Section 13W-11-2. (19) Amendment of official extraterritorial zoning map: See Section 13W-11-3. 7 CHAPTER 2 DEFINITIONS (20) SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA Animal unit: A measure which represents a common denominator for the purposed of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species which comprise a single animal unit: Type of Livestock Number of Animals Per Animal Unit Horse (2 yrs. or older) 1 Colt (under 2 yrs.) 2 Cattle (2 yrs. or older) 1 Cattle (1 to 2 years) 2 Calves (under 1 year) 4 Brood Sow or Boar 2.5 Hogs (up to 220 pounds) 5 Sheep 7 Lambs 14 Chickens 200 Other Poultry 200 ________________________________ Source: The Stockman's Handbook (21) Apartment: See Section 13W-6-3(r). (22) Appeal: A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Article as expressly authorized by the provisions of Section 13W-11-11. (23) Atrium house: See Section 13W-6-3(n). (24) Attic: That part of a building which is immediately below and wholly or partly within the roof framing. (25) Average ground elevation: The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure. (26) Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. The 100 year flood. (27) Basement: A portion of a building located partly underground, but having one-half or less of its floor to ceiling height below the average grade of the adjoining ground. (28) Bed and breakfast establishment (land use): See Section 13W-4-6(d) (13). (29) Bedroom: A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping. (30) Blanket variance: A variance which is automatically granted by a provision of this Article in order to reduce the creation of legal nonconforming developments (see Section 13W-5-7) or legal nonconforming residential structures (see Section 13W-6-11(i)). (31) Board of Zoning Appeals: See Section 13W-12-4. (32) Boarding house (land use): See Section 13W-4-6(d)(16). (33) Bufferyard: Any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See Chapter 13W-8. 8 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (34) Building: A structure built, maintained, or intended for use for the shelter or enclosure of persons, animals, or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, each unit is a building. (35) Building, accessory: A building which: a. Is subordinate to and serves a principal structure or a principal use; b. Is subordinate in area, extent, and purpose to the principal structure or use served; c. Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Article; and d. Is customarily incidental to the principal structure or use. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building. (36) Building front: That exterior wall of a building which faces the front lot line of the lot. (37) Building height: The vertical distance from: (1) the average elevation of the adjoining ground level or (2) the established grade, whichever is lower to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point of the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. (38) Building line: A line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this Article. The building line determines the area in which buildings are permitted subject to all applicable provisions of this Article. This is also referred to as a "setback". (39) Building envelope: A component of a group development which conforms to the lot lines of developments which are not group developments, in that required minimum setback distances are measured from the building envelope line. (Refer to Sections 13W-4-8, 13W-6-3, and 13W-6-4.) (40) Building, principal: A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. (41) Building separation: The narrowest distance between two buildings. See Minimum building separation. (42) Building size: The total gross floor area of a building. See Maximum Building Size. (43) Bulk (of a building): The combination of building height, size, and location on a lot. See Chapter 6. (44) Cafeteria, company (land use): See Section 13W-4-6(h)(8). (45) Caliper: A measurement of the size of a tree equal to the diameter of its trunk measurement one-half (0.5) foot above natural grade. Used for trees in a nursery setting. (46) Campground (land use): See Section 13W-4-6(d)(15). (47) Candlepower: The amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminaire (48) Canopy Tree: A tree that would occupy the upper canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. (See Section 13W-8-10.) (49) Caretaker's Residence: A dwelling unit which is used exclusively by either the owner, manager, or operator of a principal permitted use and which is located on the same parcel as the principal use. 9 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (50) Carport (land use): An open sided roofed automobile shelter, usually formed by extension of the roof from the side of a building. See Section 13W-4-6(h)(4) (51) Cellar: That portion of the building having more than one-half (1/2) of the floor-to-ceiling height below the average grade of the adjoining ground. (52) Central Commercial (CC) District: See Section 13W-3-5(c)(5). (53) Certificate of Occupancy: See Section 13W-11-8. (54) Clear cutting (land use): See Section 13W-4-6(7). (55) Clerestory window: A window in which the lowest glassed area is a minimum of seven feet above the level of the floor located directly under the window. (56) Commercial animal boarding (land use): See Section 13W-4-6(d)(11). (57) Commercial apartment (land use): See Section 13W-4-6(h)(1). (58) Commercial district(s): See Section 13W-3-2. (59) Commercial indoor lodging (land use): See Section 13W-4-6(d)(12). (60) Commercial land use(s): See Section 13W-4-6(d). (61) Commercial vehicle: Any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered as a commercial vehicle. (62) Common private sewage disposal system (land use): See Section 13W-4-6(g)(19). (63) Communication tower (land use): See Section 13W-4-6(g) (3). (64) Community character: The impression which an area makes in regard to the type, intensity, density, quality, appearance, and age of development. (65) Community living arrangement (land use): See Sections 13W-4-5(c)(7) through (9). (66) Compact cluster development: See Section 13W-4-6(a)(5). (67) Company provided on-site recreation (land use): See Section 13W-4-6(h)(9). (68) Composting operation (land use): See Section 13W-4-6(e)(6). (69) Comprehensive Plans: The Comprehensive Plans of the City of Sun Prairie, and Town of Windsor, Wisconsin. (70) Conditional use: A land use which requires a conditional use permit in order to develop. See Section 13W-4-2(d). See Section 13W-11-5 for applicable procedures. (71) Conventional residential development: See Section 13W-4-6(a)(1). 10 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (72) Construction materials standards: See Section 13W-9-19. (73) Construction, Start of: The installation of foundation footings and/or materials for road construction. (74) Contractor's on-site equipment storage (land use): See Section 13W-4-6(i)(2). (75) Contractor's project office (land use): See Section 13W-4-6(i)(1). (76) Countryside Residential (CR-5ac) District: See Section 13W-3-5(b)(1). (77) Conventional residential development: See Section 13W-4-6(a)(1). (78) Cultivation (land use): See Section 13W-4-6(b)(1). (79) Day Care: (See family day care home, intermediate day care home, or group day care center.) (80) Dedication: The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee-simple interest, including an easement. (81) Density: A term used to describe the number of dwelling units per acre. (82) Detailed site analysis map: See Section 13W-7-12. (83) Developer: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an optionee or contract purchaser. (84) Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Article. (85) Development option(s): The type of residential or nonresidential development as categorized by the proportion of the site devoted to permanently protected green space. See Section 13W-5-2(b)(5) for residential uses, and Section 13W-5-2(c)(5) for nonresidential uses. (86) Development pad: The area of a lot within a large lot residential development which is devoted to structures and septic systems. (See Section 13W-7-12(4).) (87) Direct access: A condition of immediate physical connection resulting from adjacency of a road or right-of-way abutting a property. (88) Disposal land use(s): See Section 13W-4-6(e). (89) Distribution center (land use): See Section 13W-4-6(f)(4). (90) Drainage: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff, to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding. (91) Drainage structure (land use): See Section 13W-4-6(h)(15). (92) Drainageway: See Section 13W-7-6(a). (93) Drainage standards: See Section 13W-9-17. (94) Drive-in theater (land use): See Section 13W-4-6(d)(10). 11 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (95) Duplex: See Section 13W-6-3(l). (96) Dwelling: A residential building or one or more portions thereof occupied or intended to be occupied exclusively for residence purpose, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds. (97) Dwelling, attached: A dwelling which is joined to another dwelling at one (1) or more sides by a party wall or walls. (98) Dwelling, detached: A dwelling which is entirely surrounded by open space on the same lot. (99) Dwelling, single-family detached: A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. (100) Dwelling unit: A room or group of rooms, providing or intended to provide living quarters for not more than one (1) family. See Section 13W-5-2(b)(4). (101) Dwelling unit separation: The narrowest distance between two dwelling units. See Minimum dwelling unit separation. (102) Easement: Authorization by a property owner for another party to use for a specified purpose any designated part of his property. (103) Electromagnetic radiation standards: See Section 13W-9-12. (104) Elevated Building: A non-basement building built to have its lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls. (105) Environs (of the City of Sun Prairie): The area in which the City of Sun Prairie exercises extraterritorial powers. (106) Equestrian development: See Section 13W-4-6(a)(2). (107) Erosion: The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity. (108) Essential Services: Facilities that are: a. Owned or maintained by public utility companies or public agencies, and; b. Located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way, and; c. Reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers, and; d. Not including any cross-country line on towers, and not in a private right-of-way. (109) Equestrian development: See Section 13W-4-6(a)(2). (110) Estate Residential (ER-1) District: See Section 13W-3-5(b)(2). (111) Explosion standards: See Section 13W-9-14. (112) Extraction use (land use): See Section 13W-4-6(g)(4). (113) Extraterritorial area: The area outside of the City Limits in which the City of Sun Prairie exercises extraterritorial powers of land division, and/or zoning review. (114) Family: An individual or two (2) or more persons, each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household. 12 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (115) Family day care home (land use): See Section 13W-4-6(h)(22). (116) Farm residence (land use): See Section 13W-4-6(g)(3). (117) Fees: See Section 13W-12-5. (118) Fencing standards: See Section 13W-9-20. (119) Filling (land use): See Section 13W-4-6(h)(16). (120) Fire standards: See Section 13W-9-14. (121) First habitable floor: The top surface above an unfinished basement or crawl space that is intended for living quarters. (122) Flood fringe: That area of the floodplain lying outside of the floodway but still lying within the one hundred (100) year floodplain. (123) Flood hazard boundary map (FHBM): An official map of a community, on which the Federal Emergency Management Agency has delineated the floodway area as "Zone A". (124) Flood insurance rate map (FIRM): An official map of a community, on which the Federal Emergency Management Agency has delineated both the flood fringe and floodway areas. (125) Flood insurance study: The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary map and the water surface elevation of the base flood. (126) Floodplain: Those areas along streams or swales inundated by one hundred (100) year flood, comprised of the floodway and flood fringe areas, as designated on the FEMA flood insurance maps. See Section 13W-7-3(a). (127) Floodproofing: Structural additions, changes, or adjustments to structures subject to flooding which reduce or eliminate flood damages to a structure, and/or its contents. (128) Floodway: The channel of a river or other watercourse and the adjacent land areas required to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. (129) Floor area: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements and attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space, Measurements shall be made from the inside of the exterior walls and to the center of interior walls. (130) Floor area ratio (FAR): The ratio calculated by dividing the total floor area of all buildings on a site by the Gross Site Area. See maximum floor area ratio. See also the Key to Table 13W-5-5. (131) Footcandle: A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one candle. (132) Freight terminal(land use): See Section 13W-4-6(f)(3). (133) Frontage: All property abutting on one side of a street between two intersecting streets or between an intersecting street and the dead-end of a street. 13 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (134) Garage (residential): A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rated capacity not in excess of four thousand five hundred (4,500) pounds. See Section 13W-4-6(h)(4). (135) Gas station: See in-vehicle sales or service. (136) General floor plans: A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans. (137) Reserved. (138) Glare: The brightness of a light source which causes eye discomfort. (139) Glare standards: See Section 13W-9-13. (140) Governmental: Of or relating to any foreign, federal, state, or local agency or agencies or public entity having taxing authority or any agency thereof. (141) Green space ratio (GSR): The percentage of the gross site area which is preserved as permanently protected green space. Green space ratio is calculated by dividing the area of permanently protected green space by the gross site area. See Minimum green space ratio. See also, the Key to Table 13W-5-4. (142) Gross density: The result of dividing the number of dwelling units located on a site by the gross site area. See Maximum gross density. See also, the Key to Table 13W-5-4. (143) Gross floor area: The total floor area of a building. (144) Gross site area (GSA): The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development, as determined by the calculation contained in Section 13W-5-3(c)(1). See minimum site area. See also, the Key to Table 13W-5-4. (145) Group day care center (land use): See Section 13W-4-6(d)(14). (146) Group development: See Section 13W-4-8. (147) Heat standards: See Section 13W-9-13. (148) Heavy industrial (land use): See Section 13W-4-6(g)(2). (149) Heavy Industrial (HI) District: See Section 13W-3-5(c)(8). (150) Height of structure: The vertical distance measured from the average of the exit discharge grade elevation of all required first story exits to the top of a level roof or to a point one-half (1/2) of the distance between the intersection of the exterior wall surface (extended) with the roof surface, and the highest part of the roof but not to include the penthouses. See Maximum height. (151) Heliport (land use): See Section 13W-4-6(f)(2). (152) Holding zone: A zoning district designed to limit development potential until adequate public services and infrastructure are provided. (153) Home occupation (land use): See Section 13W-4-6(h)(20). (154) Husbandry (land use): See Section 13W-4-6(b)(2). (155) Indoor commercial entertainment (land use): See Section 13W-4-6(d)(9). (156) Indoor institutional (land use): See Section 13W-4-6(c)(3). 14 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (157) Indoor maintenance service (land use): See Section 13W-4-6(d)(6). (158) Indoor sales (land use): See Section 13W-4-6(d)(3). (159) Indoor sales accessory to light industrial use (land use): See Section 13W-4-6(h)(13). (160) Indoor service (land use): See Section 13W-4-6(d)(3). (161) Indoor storage (land use): See Section 13W-4-6(e)(1). (162) Indoor wholesaling (land use): See Section 13W-4-6(e)(1). (163) Industrial district(s): See Section 13W-3-2. (164) Industrial land use(s): See Section 13W-4-6(g). (165) Infill development: Development located in areas which are for the most part developed already. (166) Institutional: Of or relating to a governmental or public agency or entity, or civic or fraternal institution or foundation that is widely sanctioned such as the Lion's Club, Knights of Columbus, or Veterans of Foreign Wars, or similar entity providing a service which fulfills a fundamental human or social need or activity such as a school, library, church, hospital, funeral home, or cemetery. (167) Institutional land use(s): See Section 13W-4-6(c). (168) Institutional residential development: See Section 13W-4-6(a)(6). (169) Institutional residential unit: See Section 13W-6-3(s). (170) Intensity: A term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site. (171) Intensive agricultural (land use): See Section 13W-4-6(b)(3). (172) Intermediate day care home (land use): See Section 13W-4-6(h)(23). (173) Interpretation: See Section 13W-12-2(b)(6). See also, Section 13W-11-10 for applicable procedures. (174) In-vehicle sales (land use): See Section 13W-4-6(d)(8). (175) In-vehicle sales as accessory use (land use): See Section 13W-4-6(h)(12). (176) In-vehicle service (land use): See Section 13W-4-6(d)(8). (177) In-vehicle service as accessory use (land use): See Section 13W-4-6(h)(12). (178) Junkyard (land use): See Section 13W-4-6(e)(4). (179) Landscaped area: The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters. (180) Landscape surface area ratio (LSR): The percentage of the gross site area or lot area which is preserved as permanently protected landscaped area. See the Key to Table 13W-5-5 and Section 13W-6-3. (181) Land use: The type of development and/or activity occurring on a piece of property. 15 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (182) Lawn care (land use): See Section 13W-4-6(h)(17). (183) Light industrial (land use): See Section 13W-4-6(g)(1). (184) Light industrial incidental to indoor sales: See Section 13W-4-6(h)(14). (185) Lighting standards: See Section 13W-9-7. (186) Loading standards: See Section 13W-9-5. (187) Local residential street: A road which primarily serves to collect traffic originating directly from residential driveways and private residential courts and streets. (188) Loose cluster development: See Section 13W-4-6(a)(3). (189) Lot: A parcel of land that: a. is undivided by any street or private road; b. is occupied by, or designated to be developed for, one (1) building or principal use; and c. contains the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designed and arranged or required by this Article for such building, use, or development. (190) Lot area: The area contained within the property boundaries of a recorded lot. See minimum lot area. See also, Key to Table 13W-5-4 and Key to Table 13W-5-5. (191) Lot, corner: A lot situated at the junction of and abutting on two or more intersection streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. (192) Lot depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. (193) Lot frontage: Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this Article shall be provided at each such line. (194) Lot, interior: A lot other than a corner lot. (195) Lot line: A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this Article. (196) Lot line, front: A lot line which abuts a public or private street right-of-way. In the case of a lot which has two or more street frontages, the lot line most closely parallel with the front door of the house shall be the front lot line. (197) Lot line house: See Section 13W-6-3(j). (198) Lot line, rear: In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street. (199) Lot line, side: Any boundary of a lot which is not a front lot line, a street side lot line, or a rear lot line. (200) Lot line, street side: Any lot line which abuts a public or private street right-of-way which is not the front lot line. 16 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (201) Lot of record: A platted lot or lot described in a certified survey map or metes and bounds description which has been approved by the City, Town and/or by Dane County as required by law; and has been recorded in the office of the Register of Deeds. (202) Lot, through: A lot which has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac). Except for through lots which abut an arterial or nonresidential collector street, through lots shall be prohibited under the provisions of this Article. (203) Lot width: The maximum horizontal distance between the side lot lines of a lot, measured parallel to the front lot lines and at the rear of the required front yard. See minimum lot width. Lowest floor: The floor of the lowest enclosed (including basement). Any unfinished or floor resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed are is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Article. (204) (205) Maintenance guarantee: A guarantee of facilities or work to either ensure the correction of any failures of any improvements required pursuant to this Article or to maintain same. (206) Manufactured Home: See Section 13W-6-3(t). (207) Manufactured Home Residential Development: See Section 13W-4-6(a)(7). (208) Manufactured Home Park Residential Development: See Section 13W-4-6(a)(8). (209) Master Plan: A plan, map, report, or other document pertaining to the physical development of the City or Town adopted under state law. (210) Maximum building size (MBS): The largest permitted total gross floor area a building may contain. See building size. See also, the Key to Table 13W-5-5. (211) Maximum floor area ratio (FAR): The largest amount of floor area permitted on a site. See floor area ratio. See also the Key to Table 13W-5-5 and Section 13W-6-3. (212) Maximum gross density (MGD): The maximum number of dwelling units permitted per acre of Gross Site Area. See gross density. See also the Key to Table 13W-5-4. (213) Maximum height: The maximum height of the highest portion of any structure. See height. See also Sections 13W-6-3 and 13W-6-4. (214) Maximum number of floors: See the Key to Table 13W-5-5. (215) Migrant labor camp (land use): See Section 13W-4-6(h)(24). (216) Minimum building separation: The narrowest permitted building separation. See building separation. (217) Minimum dwelling unit separation: The narrowest permitted dwelling unit separation. See dwelling unit separation. See also, Section 13W-6-3. (218) Minimum floor elevation: The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor. (219) Minimum green space ratio (GSR): The lowest permitted green space ratio. See green space ratio. See also, Section 13W-5-4. (220) Minimum landscape surface ratio (LSR): The lowest permitted landscape surface ratio. See landscape surface ratio. See also, Sections 13W-5-5 and 13W-6-3. 17 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (221) Minimum lot area (MLA): The minimum size lot permitted within the specified zoning district and development option. See also the Keys to Tables 13W-5-4 and 13W-5-5. (222) Minimum lot width: The smallest permissible lot width for the applicable dwelling unit type (Section 13W-6-3) or nonresidential development option (Table 13W-6-4). See also, lot width. (223) Minimum setback: The narrowest distance permitted from a street, side, or rear property line to a structure. See Sections 13W-6-3 and 13W-6-4. (224) Minimum site area (MSA): The minimum gross site area in which the specified development option may occur. See gross site area (GSA). See also the Key to Table 13W-5-4. (225) Mini-warehouse: See Section 13W-4-6(e)(3). (226) Mixed Residential (MR-8) District: See Section 13W-3-5(b)(4). (227) Mobile home (land use): See Section 13W-6-3(t). (228) Mobile home park: See Section 13W-4-6(a)(8). (229) Mobile home sales: See Sections 13W-4-6(d)(4) and (5). (230) Moderate cluster development: See Section 13W-4-6(a)(4). (231) Motel, Motor Court, Hotel: See commercial indoor lodging. (232) Motor freight terminal: See freight terminal (233) Multiplex: See Section 13W-6-3(q). (234) Natural resource protection overlay zoning districts: Zoning districts which primarily identify and regulate the disturbance of areas containing protected natural resources. See Sections 13W-3-6 and 13W-3-7. (See overlay zoning districts.) (235) Natural resources site evaluation: See Section 13W-5-3. (236) Neighborhood Commercial (NC) District: See Section 13W-3-5(c)(2). (237) Net developable area (NDA): The area of a site which may be disturbed by development activity. Net Developable Area is calculated in Section 13W-5-3(c)(3), and is the result of subtracting Required Resource Protection Area (RPA) from the Gross Site Area (GSA). (238) Noise standards: See Section 13W-9-9. (239) Nonconforming building or structure: Any building, or other structure, which is lawfully existing under provisions preceding this Article, which would not conform to the applicable regulations if the building or structure were to be erected under the provisions of this Article. See Section 13W-6-11. (240) Nonconforming development: A lawful development approved under provisions preceding the effective date of this Article, which would not conform to the applicable regulations if the development were to be created under the current provisions of this Article. See Section 13W-5-7. 18 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (241) Nonconforming lot: A lot of record which lawfully existed prior to this Article, which would not conform to the applicable regulations if the lot were to be created under the current provisions of this Article. See Section 13W-6-10. (242) (243) Nonconforming use: An active and actual use of land, buildings or structures lawfully existing prior to this Article which has continued as the same use to the present and which does not comply with all the applicable regulations of this Article. See Section 13W-4-7. Nonresidential district(s): See Section 13W-3-2. (244) Nonresidential land use(s): See Section 13W-4-6(b)-(g). (245) Noxious matter or materials: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. (246) Noxious materials standards: See Section 13W-9-15. (247) Odor standards: See Section 13W-9-11. (248) Office (land use): See Section 13W-4-6(d)(1). (249) Office district: See Section 13W-3-2. (250) Official map: The map adopted by the Common Council which indicates the existing and proposed location of streets, highways, parks, playgrounds, roads, rights-of-way, waterways, public transit facilities and other public facilities as authorized by State Statutes. (251) Official extraterritorial zoning map: See Sections 13W-3-3, 13W-3-4, and 13W-3-7. (252) Off-site parking lot (land use): See Section 13W-4-6(f)(1). (253) On-site: Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole. (254) On-site agricultural retail (land use): See Section 13W-4-6(b)(5). (255) On-site composting (land use): See Section 13W-4-6(h)(21). (256) On-site parking lot (land use): See Section 13W-4-6(h)(2). (257) On-site real estate sales office (land use): See Section 13W-4-6(i)(4). (258) Opacity: The degree to which vision is blocked by a bufferyard. Opacity is the proportion of the area of a bufferyard's vertical plane which obstructs views into an adjoining property. (259) Open sales lot: An unenclosed portion of a lot or lot of record where goods are displayed for sale, rent or trade. (260) Other permanently protected green space: See Section 13W-7-11. (261) Outdoor assembly (land use): See Section 13W-4-6(i)(7). (262) Outdoor commercial entertainment (land use): See Section 13W-4-6(d) (10). (263) Outdoor display (land use): See Sections 13W-4-6(d)(4) and (5). (264) Outdoor display incidental to indoor sales (land use): See Sections 13W-4-6(h)(10) and (11). (265) Outdoor institutional (land use): See Section 13W-4-6(c)(4). 19 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (266) Outdoor maintenance service (land use): See Section 13W-4-6(d)(7). (267) Outdoor storage (land use): See Section 13W-4-6(e)(2). (268) Outdoor wholesaling (land use): See Section 13W-4-6(e)(2). (269) Overlay zoning district: A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts described in Section 13W-3-2, as well as the general restrictions of this Article. See Sections 13W-3-6, 13W-3-7, and Chapter 7. (270) Owner: The person or persons having the right of legal title to a lot or parcel of land. (271) Pad, Development: See Development pad. (272) Parcel: The area within the boundary lines of a plat. (273) Parking standards: See Section 13W-9-4. (274) Parking lot standards: See Section 13W-9-4(e)(9). (275) Parking requirements: See Section 13W-9-4(f)(3). (276) Parking space standards: See Section 13W-9-4(f)(7). (277) Passive outdoor public recreational (land use): See Section 13W-4-6(c)(1). (278) Penalty: See Section 13W-12-6. (279) Performance guarantee: A financial guarantee to ensure that all improvements, facilities, or work required by this Article will be completed in compliance with the Article, regulations and the approved plans and specifications of a development. (280) Performance standard: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. (See Chapter 13W-9.) (281) Peripheral setback: The distance between a structure and the boundary of a development option. See Section 13W-6-3. (282) Permanently protected green space: An area in which site disruption and/or development is strictly limited. See Section 13W-4-4. (283) Permitted by right, use: See Section 13W-4-2(b). (284) Personal Recreation: Moderate leisure activities typically associated with a residential use that do not provide any nuisance to the general public and/or surrounding properties and their owners and residents. (285) Personal service(s) (land use): See Section 13W-4-6(d)(2). (286) Personal storage facility (land use): See Section 13W-4-6(e)(3). (287) Plan Commission: The Plan Commission of the City of Sun Prairie. (See also Section 13W-12-3.) (288) Plant unit: See Section 13W-8-3. (289) Prairie: See Section 13W-7-10(a). 20 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (290) Principal building: See Building, principal. (291) Principal use: The primary or predominant use or activity conducted on a subject property. (292) Professional service(s) (land use): See Section 13W-4-6(d)(2). (293) Protected natural resources: Resources such as floodplains, wetlands, drainageways, woodlands, steep slopes, lakeshores, ridgetops, and prairies, which are protected by the provisions of this Ordinance. See Section 13W-3-6 and Chapter 13W-7. (294) Public improvement: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: streets, roads, alleys or pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services. (295) Public services and utilities (land use): See Section 13W-4-6(c)(5). (296) Public sewer: Includes the City of Sun Prairie sewer system and other forms of sewer systems approved by the State Health Department and maintained by a public agency authorized to operate such systems. (297) Recorded lot: (See Lot of record.) (298) Relocatable building (land use): See Section 13W-4-6(i)(3). (299) Required resource protection area (RPA): The area of a site which may not be disturbed by development activity and which must also be reserved as permanently protected green space. Required resource protection area is calculated in Section 13W-5-3(c)(2), and is the result of subtracting the net developable area (NDA) from the gross site area (GSA). (300) Residential collector street: A collector street serving primarily residential land uses which primarily serves to connect local residential streets to collector or arterial streets. (301) Residential district(s): See Section 13W-3-2. (302) Residential kennel, private (land use): See Section 13W-4-6(h)(6). (303) Residential stable, private (land use): See Section 13W-4-6(h)(7). (304) Residential land use(s): See Section 13W-4-6(a). (305) Residential recreational facility, private (land use): See Section 13W-4-6(h)(5). (306) Residentially zoned: A property located in a residential district per Section 13W-3-2. (307) Restrictive, more (less): A regulation imposed by this Article is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications. (308) Restaurant: See indoor commercial entertainment. (309) Restaurant, fast food: See in-vehicle sales and service. (310) Ridgetop: See Section 13W-7-9(a). (311) Reserved. (312) Salvage yard (land use): See Section 13W-4-6(e)(4). 21 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (313) Scale (of development): A term used to describe the gross floor area, height, or volume of a single structure or group of structures. (314) Sedimentation: The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion. (315) Seed Variety Sign: A sign located in an agricultural zoning district identifying a variety of crops grown on the premises. See Section 13W-10-5. (316) Selective cutting (land use): See Section 13W-4-6(b)(6). (317) Septic disposal system, individual (land use): See Section 13W-4-6 (h)(18). (318) Setback: The shortest distance between a building's or structure's exterior from the nearest point on the referenced lot line. See minimum setback. (319) Sexually-oriented use (land use): See Section 13W-4-6(d)(17). (320) Shopping center: See group development. (321) Lakeshore: See Section 13W-7-5(a). (322) Shrub: A low-lying deciduous or evergreen plant. (See Section 13W-8-10.) (323) Sign: See Section 13W-10-2. See also, Section 13W-11-6 for applicable procedures. (324) Single-family detached dwelling unit: See Section 13W-6-3(a)-(i). (325) Site area: See Gross site area. (326) Site plan: See Section 13W-11-7. See also, Section 13W-11-7 for applicable procedures. (327) Skylight: A window or other paned area located on the ceiling or roof of a structure. (328) Solid fence: Any fence which cannot be seen through. Such fences include basketweave fences, stockade fences, plank fences, and similar fences. (329) Special use: A land use which must be developed per a set of requirements specifically applying to that use. See Section 13W-4-2(c). See also Section 13W-11-5 for applicable procedures. (330) Standard zoning districts: Zoning districts which primarily regulate the use of land,and intensity or density of such use. See Sections 13W-3-2, 13W-3-2, and 13W-3-5. (331) Stable, commercial: See commercial animal boarding. (332) Stable, private: See private residential stable. (333) Standard Industrial Classification code (SIC): The numeric code for categorizing land uses developed by the US Department of Commerce. SIC codes in this Article are based on the listing contained within the 1987 manual. 22 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (334) Start of Construction: The date the building permit is issued, provided the actual start of activity was within 180 days of the permit date. The actual start of activity means either the first placement of permanent construction of a structure on the site such as the pouring of a slab or footings, the installation of piles, or the construction of columns. 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 basement, footings, piers, or foundations; nor does it include the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or part of the main structure. (335) Steep Slope: See Section 13W-7-8(a). (336) Storage land use(s): See Section 13W-4-6(e). (337) Storage standards: See Section 13W-9-6. (338) Story: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. (339) Street: Any public or private way dedicated or permanently open to pedestrian and vehicular use which is twenty-one (21) feet or more in width if it exists at the time of enactment of this Article; and any such public right-of-way fifty (50) feet in width when established after the effective date of this Article. (340) Street Line: See Lot line, front. (341) Strip development: A pattern of land uses typified by nonresidential and/or multi-family development located along one or both sides of a street which is generally only one lot deep and which is characterized by many curb cuts, low green space ratios, low landscape surface ratios, high floor area ratios, and/or low quantities of landscaping. (342) Suburban Commercial (SC) District: See Section 13W-3-5(c)(3). (343) Suburban Industrial (SI) District: See Section 13W-3-5(c)(6). (344) Suburban Residential (SR-4) District: See Section 13W-3-5(b)(3). (345) Suburban Office (SO) District: See Section 13W-3-5(c)(1). (346) Structure: Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excepting public utility fixtures and appurtenances. (347) Swale: A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse. (348) Temporary use: A land use which is present on a property for a limited and specified period of time. See Section 13W-4-6(i). (349) Townhouse: See Section 13W-6-3(p). (350) Toxic materials standards: See Section 13W-9-5. (351) Transportation land use(s): See Section 13W-4-6(f). (352) Truck stop: See In-Vehicle sales and service (353) Twin house: See Section 13W-6-3(l). 23 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA (354) Two-Flat house: See Section 13W-6-3(m). (355) Understory tree: A tree that would occupy the understory of a forest in a natural ecological situation. These types of trees are often referred to as ornamental trees. Examples include redbud, hazel, alder, holly hornbeam, dogwood, witch-hazel, etc. (See Sections 13W-8-10.) (356) Urban Commercial (UC) District: See Section 13W-3-5(c)(4). (357) Urban Industrial (UI) District: See Section 13W-3-5(c)(7). (358) Urban Residential (UR-12) District: See Section 13W-3-5(b)(5). (359) Use: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained. (360) Use, accessory: See Accessory use. (361) Use, Conditional: See Conditional use. (362) Use, Principal: See Principal use. (363) Use, Special: See Special use. (364) Utility shed (land use): See Section 13W-4-6(h)(4). (365) Variance: Permission to depart from the literal requirements of this Article granted pursuant to Section 13W-11-9. (366) Vibration standards: See Section 13W-9-8. (367) (reserved) (368) Violation: See Section 13W-12-6. (369) Visibility standards: See Section 13W-9-3. (370) Waste disposal facility (land use): See Section 13W-4-6(e)(5). (371) Waste materials standards: See Section 13W-9-16. (372) Weak link townhouse: See Section 13W-6-3(o). (373) Wetland: See Section 13W-7-4(a). (374) Woodland: See Section 13W-7-7(a). (375) Working days: Monday, Tuesday, Wednesday, Thursday or Friday; excluding holidays granted by the City of Sun Prairie to its Department Heads. (376) Yard: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Article. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. (377) Yard, front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. 24 SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA CHAPTER 2 DEFINITIONS (378) Yard, rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. (379) Yard, side: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. (380) Zoning Administrator: The City employee charged with the application and interpretation of this Article. (See Section 13W-12-2.) (381) Zoning district(s): See Section 13W-3-2. (382) Zoning district categories: See Section 13W-3-2. (383) Zoning map: See "Official extraterritorial zoning map", above. 25 CHAPTER 2 DEFINITIONS SUN PRAIRIE ZONING REGULATIONS TOWN OF WINDSOR ETJ AREA 26
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