Town of Eagle

Accessory building See building, accessory

Accessory land use See land use, accessory

Active farm operation A property where the principal current and ongoing use of the property is crop production, animal production, or growing Christmas trees or ginseng. Land that was engaged in the preceding activities, but has been harvested at the end of the last possible production season, continues to be an active farm operation unless and until it fails to engage in production in the next production season or after a period of 12 months, whichever occurs first.

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:

(a) Books, magazines, periodicals or other printed or electronic matter, photographs, films, motion pictures, recordings, video cassettes, DVDs, video reproductions, slides, closed-circuit transmission, cable/satellite transmission, subscriber programming, or other visual representations or physical medium which are distinguished or characterized by their emphasis on any actual of simulated specified sexual activities or specified anatomical areas, the removal of articles of clothing, or partial or totally nude appearance;
(b) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities;
(c) Facilities or premises to which public patrons or members are invited or admitted for the presentation or viewing of adult entertainment as defined herein, include including, but not limited to, adult-oriented films, motion pictures, video cassettes, video reproductions, slides, closed-circuit transmission, cable/satellite transmission, subscriber programming or other visual representation for observation by patrons thereinor physical medium that allows an image to be displayed or transmitted; and/or any live performance, display, or dance of any type.

Adult cabaret An establishment, such as a nightclub, dance hall, bar, restaurant, or similar establishment, that regularly features (1) persons who appear nude or 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 or video reproductions or closed-circuit transmission, cable/satellite transmission, subscriber programming, or other visual representation or physical medium, which are characterized by the exhibition or display of specified sexual activities or specified anatomical areas.

Adult entertainment Any exhibition of any motion picture, video cassette or recording, photographic reproduction, closed-circuit transmission, cable/satellite transmission, subscriber programming, or other physical medium that allows an image to be displayed or transmitted; live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on any one or more of the following: (1) “specified anatomical areas” as defined in this section; (2) “specified sexual activities” as defined in this section; or (3) removal of articles of clothing or partial or total nude appearance.

Adult massage parlor An establishment with or without sleeping accommodations that provides the services of massage and body manipulation, including exercise, heat and light treatment of the body, and all forms and methods 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, cable/satellite transmission, subscriber programming, or other visual representation or physical mediumor 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 enclosed building such as a theater, concert hall, auditorium, or other similar business establishment which is used for presenting “adult entertainment.”

Agricultural zoning district A zoning district so designated in s. 500.522. See also business zoning district, manufacturing district, residential zoning district, and special purpose zoning district

Animal unit A unit of measure used to determine the total number of single animal types or combination of animal types, as specified in s. NR 243.03, Wis. Admin. Code, that is at an animal feeding operation.

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

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.

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

Assessed value The dollar amount assigned to taxable real and personal property by the assessor for the purpose of taxation.

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.

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 farm tract All land, whether one parcel or 2 or more contiguous parcels, which is in an agricultural land preservation (AP) district and is part of a single farm and so designated by the Town Board of the Town of Eagle, regardless of any subsequent changes in the size of the farm.

Commentary: Base farm tracts are defined only for the purpose of calculating residential densities in connection with conditional use permit applications. They have no other legal or ownership implications, and are not used for any other purpose. A “base farm tract” is a fixed geographical reference area that (once determined) remains constant over time. A “base farm tract” is not necessarily synonymous with a “farm,” except on the date that it is determined.

Base setback line An imaginary line that is parallel to the centerline of certain roadways depicted on the highway width map adopted by Waukesha County.

Base zoning district See zoning district, base

Basement A floor level of a building that is at least partly underground.

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

Blasting The use of an explosive material to loosen, move, or shatter a mass of earth materials.

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.

Building A structure having a roof supported by walls or columns that is used 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 that regulate the construction, repair, alteration, and maintenance of buildings.

Building coverage The area of the lot that is occupied by buidlings. Depending on the context, building coverage could refer to actual or proposed amount, or the maximum amount that is permitted in a particular district.

Commentary: See s. 500.558 that describes how building coverage is measured.

Building permit A permit issued by the town that authorizes an applicant to conduct a specified construction activity that is consistent with the town's building code. (In contrast see zoning permit)

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

Building, accessory A building or portion of a building used for a purpose customarily incidental to the permitted use of the lot and located on the same lot as the principal use.

Building, principal The building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

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

Business zoning district A zoning district so designated in s. 500.522. (See also agricultural zoning district, manufacturing zoning district, residential zoning district, and special purpose zoning district)

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.

Clear vision triangle See vision clearance triangle

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.

Common open space In planned unit developments, common open space is that portion of the project that will remain undeveloped and which is jointly owned and maintained by those owning property in the development.

Comprehensive plan The document adopted by the town board consistent with s. 66.1001, Wis. Stats.

Conditional use See land use, conditional

Conditional use order A written decision issued by the town board that indicates whether the conditional use is approved or denied, and the terms of the approval if so granted. The conditional use may only be established on the subject property when the zoning administrator issues a conditional use permit indicating that all initial conditions of the approval have been satisfied.

Conditional use permit A permit issued by the zoning administrator indicating that the conditional use may be established following a determination that all initial conditions of the conditional use order have been satisfied.

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

Conversion order A written decision issued by the town board 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

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

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.

Density As the context would indicate, the number of existing, proposed, or permitted dwelling units in a given area. For example, a 40-acre parcel with 7 dwelling units has a density of one dwelling unit per 5.7 acres.

Development Any 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

Driveway, private 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.

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

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.

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.

Established road grade The elevation of the finished road at the centerline or curb as fixed by the town engineer or by such authority as shall be designated by law to determine such an elevation.

Expanded livestock facility See livestock facility, expanded

Expansion When used in the context of livestock facilities, an increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12−month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an “expansion” unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any 12−month period.

FAA An abbreviation for Federal Aviation Administration

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

Family 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 4 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.

Farm When used in the context of farmland preservation in the AP zoning district, a parcel of land or a collection of 2 or more contiguous parcels of land in common ownership provided more than 50 percent of the entire land area is assigned for property tax purposes to one or more of the following use classifications as defined by the Wisconsin Department of Revenue pursuant to s. 70.32(2), Wis. Stats., (1) agricultural land – class 4, (2) agricultural forest – class 5m, and productive forest – class 6.

Farm tract See base farm tract

Farmland preservation plan That portion of Waukesha County’s comprehensive plan adopted consistent with ch. 91, Wis. Stats., that describes the ways the county will encourage preservation of farmland.

FCC An abbreviation for Federal Communications Commission

FEMA An acronym for Federal Emergency Management Agency

Flag lot See lot, flag

Flood A general and temporary condition or partial or complete inundation of normally dry land areas caused by the overflow or rise of inland waters or the rapid accumulation of stormwater runoff or surface waters from any source.

Floodplain Those lands subject to inundation by the 100-year reoccurrence flood, or, where such data is not available, the maximum flood of record.

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

Front yard See yard, front

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

Gross farm revenue Gross receipts from agricultural uses, less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year. The term includes receipts accruing to a renter, but does not include rent paid to the land owner.

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 and 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 (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.

Highway A State or County highway.

Highway width map A map adopted by Waukesha County pursuant to s. 66.1031, Wis. Stats., and approved by the town board.

Impervious surface The portion of a lot that substantially reduces or prevents the infiltration of stormwater into the ground. It includes areas of compacted soil, buildings, and nonporous surfaces such as sidewalks, parking lots, driveways, and similar features.

Interior lot See lot, interior

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

Land use As the context indicates (1) the development that has occurred on the land, (2) development that is proposed for the land, or (3) the use permitted for the land under this chapter.

Land use, accessory A land use that is subordinate to, and customarily incidental to, the permitted principal use of the property or buildings and located upon the same lot as the principal use.

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.

Legal nonconforming building See nonconforming building

Legal nonconforming lot See nonconforming lot

Legal nonconforming structure See nonconforming structure

Legal nonconforming use See nonconforming use

Livestock When used in the context of livestock facility siting, “livestock” only includes cattle, swine, poultry, sheep, and goats. When not used in the context of livestock facility siting, “livestock” includes bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids (alpacas, lamas, camels), ratites (emus, ostriches), and farm-raised fish.

Livestock expansion When used in the context of livestock facilities, an increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12−month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an “expansion” unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any 12−month period.

Livestock facility A feedlot, dairy farm, or other operation where livestock are or will be fed, confined, maintained or stabled for a total of 45 days or more in any 12–month period. A livestock facility includes all of the tax parcels of land on which the facility is located, but does not include a pasture or winter grazing area. Related livestock facilities are collectively treated as a single “livestock facility” for purposes of this chapter, except that an operator may elect to treat a separate species facility as a separate livestock facility.

Livestock facility, expanded The entire livestock facility that is created by expansion, after May 1, 2006 regardless of whether those structures are new, existing, or altered.

Livestock facility, new A livestock facility that will be used as a livestock facility for the first time, or for the first time in at least 5 years. The term does not include an expanded livestock facility if any portion of that facility has been used as a livestock facility in the preceding 5 years.

Livestock structure A building or other structure used to house or feed livestock, to confine livestock for milking, to confine livestock for feeding other than grazing, to store livestock feed, or to collect or store waste generated at a livestock facility. The term includes a barn, milking parlor, feed storage facility, feeding facility, animal lot or waste storage facility. The term does not include a pasture or winter grazing area, a fence surrounding a pasture or winter grazing area, a livestock watering or feeding facility in a pasture or winter grazing area, or a machine shed or like facility that is not used for livestock.

Livestock waste storage structure An impoundment made by constructing embankments, a pit or dugout, or a structure used to hold agricultural waste. The term does not include equipment used to apply agricultural waste to land. For purposes of ss. ATCP 51.12(2) and 51.14, Wis. Admin. Code, the term does not include a structure used to collect and store agricultural waste under a livestock housing facility or a manure digester consisting of a sealed structure.

Loading area An off-street area set aside for the purpose of unloading or loading a motor vehicle, trailer, or truck.

Loafing shed A building open on one side that is placed in a pasture or other similar area to provide shelter for livestock

Lot A land area having a definable location based on a survey or similar legal instrument recorded by the Waukesha County register of deeds. Where a 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, lot area can refer to the minimum required area, actual area, or proposed area. See s. 23.2-9 which defines how lot area is to be measured.

Commentary: See s. 500.552 which 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 would indicate, lot width can refer to the minimum required distance, actual distance, or proposed distance.

Commentary: See s. 500.555 which defines 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.

Lot, through A lot having a frontage on two streets that are more or less parallel to one another.

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.

Maintenance and repair See ordinary maintenance and repair

Major road A road so designated on the town’s zoning map.

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. A manufactured home is one type of factory-built housing.)

Manufacturing zoning district A zoning district so designated in s. 500.522. (See also agricultural zoning district, business zoning district, residential zoning district, and special purpose zoning district)

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

Mobile home A dwelling unit that was originally constructed prior to June 15, 1976, and that is (1) constructed off-site, (2) equipped with the necessary utility service connections, (3) made so as to be readily movable as a unit or units on its (their) own running gear, and (4) designed to be used with or without a permanent foundation. (Note: After June 15, 1976 no mobile homes have been constructed. A mobile home is one type of factory-built housing.)

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.

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.

Mobile service provider A person who provides mobile service.

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.

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 Town of Eagle town board.

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).

Navigable waterway All natural inland lakes, streams, ponds, sloughs, flowages, and other waters, which are navigable under the laws of this state. The term does not include farm drainage ditches if (1) such lands are not adjacent to a natural navigable stream or river, (2) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching, and (3) such lands are maintained in nonstructural agricultural use.

New livestock facility See livestock facility, new

Nonconforming building A building that at the time of construction conformed to existing regulations including size, location, and other dimensional standards, but is now inconsistent with this chapter.

Nonconforming lot A lot that at the time of creation conformed to existing regulations including lot size, dimensions, lot configuration, and other dimensional and design standards, but is now inconsistent with this chapter.

Nonconforming structure A structure that at the time of construction or placement conformed to existing regulations including size, location, and other dimensional standards, but is now inconsistent with this chapter.

Nonconforming use A use of land that at the time of establishment conformed to existing regulations, but is now inconsistent with this chapter.

Nonmetallic mineral A product, commodity, or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc, and topsoil.

Nuisance A thing, act, occupation, condition or use of property which shall continue for such length of time as to substantially annoy, injure or endanger the comfort, health, repose or safety of the public or to unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way, or the use of public or private property.

Offset The horizontal distance between any structure and any lot line (other than a street setback line), measured from the nearest point of the structure to the nearest point of any lot line. (In contrast see setback)

Operating standards Regulations governing 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 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 which 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.

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.

Plan commission The commission established by the town board 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 zoning district established pursuant to this chapter that has “PDD” followed by a number as its abbreviation (e.g., PDD-01).

Platted subdivision A subdivision meeting the definition set forth in s. 236.02, Wis. Stats.

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

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.

Primary floor area The floor area measurement that only includes service, sales and office space, and not warehouse, utility, storage and other accessory spaces which do not generate parking demand.

Prime farmland Land with a class I or class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture or is otherwise identified as prime farmland in Waukesha County’s certified farmland preservation plan.

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

Principal land use See land use, principal

Property boundary line See lot line

Protected farmland Land that is (1) located in a farmland preservation zoning district certified under ch. 91, Wis. Stats.; (2) covered by a farmland preservation agreement under ch. 91, Wis. Stats.; (3) covered by an agricultural conservation easement under s. 93.73, Wis. Stats.; or (4) otherwise legally protected from nonagricultural development.

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

Rear yard See yard, rear

Recreational vehicle A motorized or nonmotorized vehicle that includes a cabin for living accommodations, commonly used for recreational travel and touring. Vehicles included in this category come in several forms: 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.

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.

Related livestock facilities Livestock facilities that are owned or managed by the same person, and related to each other in that (1) they are located on the same tax parcel or adjacent tax parcels of land, (2) they use one or more of the same livestock structures to collect or store manure, or (3) at least a portion of their manure is applied to the same land-spreading acreage.

Repair and maintenance See ordinary maintenance and repair

Residential zoning district Residential zoning district A zoning district so designated in s. 500.522. (See also agricultural zoning district, business zoning district, manufacturing district, and special purpose zoning district)

Retaining wall A structure more than 18 inches above grade, that is constructed to resist the lateral pressure of soil, loose rock, and the like creating a step in the grade of a site.

Commentary: A retaining wall is generally defined here, and further classified by their overall height for use in the land-use marix.

Reviewing authority As the context would indicate, the zoning administrator, plan commission, town board, or zoning board of appeals.

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

Road A hard-surfaced travelway, generally within a public right-of-way or an easement, that is open to the public for vehicular travel.

Road, private A road not maintained by the Town of Eagle, Waukesha County, the state of Wisconsin, or the federal government.

Road, public A road maintained by the Town of Eagle, Waukesha County, the state of Wisconsin, or the federal government.

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 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.

Seasonal high-water table The upper limit of the zone of saturation caused by underlying groundwater at its highest level.

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.

Separate livestock facility A livestock facility that (1) has only one type of livestock (i.e., cattle, swine, poultry, sheep, or goats) and that type of livestock is not kept on any other livestock facility to which the separate species facility is related (see definition of “related livestock facility”); (2) has no more than 500 animal units; (3) its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related; and (4) meets one of the following criteria:

Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related.
It and the other livestock facilities to which it is related have a combined total of fewer than 1,000 animal units.

Setback The horizontal distance between any structure and the base setback line, measured from the nearest vertical wall to the nearest point of the base setback line. (In contrast see offset)

Setback averaging An approach to determining the minimum 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.

Setback, base See base setback line

Side yard See yard, side

Sight triangle See vision clearance triangle

Sign Any 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.

Site plan A drawing of a subject property that shows existing and proposed conditions and other features required by this chapter. (Also see plan of operation)

Site-built home A dwelling unit that meets the Wisconsin Uniform Dwelling Code standards and which was largely constructed on-site. Also known as a "conventional home" or "stick-built home."

Special exception An approval that may be granted by the Plan Commission to deviate from otherwise applicable provisions of this chapter when certain circumstances apply. (In contrast see variance)

Special purpose zoning district A zoning district so designated in s. 500.522. (See also agricultural zoning district, business zoning district, manufacturing district, and residential zoning district)

Specified anatomical areas The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or less than completely and opaquely covered human genitals, pubic region, vulva, anus or the nipple and areola of the human female breast.

Specified sexual activity Any of the following (1) showing of human genitals in a state of sexual stimulation or arousal; (2) the fondling or erotic touching of human genitals, pubic region, anus, or female breasts; (3) the act of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, or cunnilingus; or (4) excretory functions as part of, or in connection with, any of the activities set forth above.

Sport court A hard-surfaced area located out of doors used exclusively for basketball, tennis, or other similar sports-related activity.This term does not include any portion of a driveway that is also used for a sport-related use.

State The state of Wisconsin.

Stoop A raised platform in front of an entrance to a building with one or more steps. (In contrast see deck, which is intended for outdoor living.)

Stormwater Water from a rainfall event or melting snow or ice.

Stream A natural body of running water flowing continuously or intermittently in a channel on or below the surface of the ground.

Street See road

Structural alteration Any change in a supporting member of a structure such as foundation, bearing wall, column, beam or girder, footing, or pile, or any substantial change in the roof structure or in an exterior wall. (In contrast see ordinary maintenance and repair)

Structure A manmade object with form, shape, and utility that is either permanently or temporarily placed on or into the ground, a stream bed, or a lake bed or on another structure. Examples include buildings, decks, patios, stoops, play structures, swimming pools, hot tubs, bridges, storage tanks, fences, towers, flag poles, utility poles, pipelines, trans¬mission lines, smokestacks, and signs.

Substandard lot A lot, with or without a structure, having a lesser dimension or area, or both, than what is required in the zoning district in which it is located.

Substantial evidence Facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion

Commentary: This definition is based on the definition in s. 62.23(7)(de), Wis. Stats.

Substantial modification When used in the context of telecommunication facilities, the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
(a) For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet, except as provided below.
(b) For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10 percent or more, except as provided below.
(c) Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation, except as provided below.
(d) Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
An activity is not a substantial modification under subs. (a) and (b) above, if a greater height is necessary to avoid interference with an existing antenna. Furthermore, an activity is not a substantial modification under sub. (c) above, if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

Support structure An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.

Tattoo To insert pigment under the surface of the skin of an individual by pricking with a needle or other instrument or technique so as to produce an indelible mark or figure through the skin.

Tattooist An individual who tattoos another upon his or her request.

Temporary use See land use, temporary

Through lot See lot, through

Trellis A structure consisting of lattice with supporting posts and rails often supporting vines or other plants and used for aesthetic purposes or as a visual screen or barrier, or both.

Utility pole In the context of telecommunication facilities, a structure owned or operated by an alternative telecommunications utility, as defined in s. 196.01 (1d), Wis. Stats.; a public utility, as defined in s. 196.01 (5), Wis. Stats.; a telecommunications utility, as defined in s. 196.01 (10), Wis. Stats.; a city, village, town, or county; or a cooperative association organized under ch. 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in s. 182.017 (1g)(cq), Wis. Stats.; for video service, as defined in s. 66.0420 (2)(y), Wis. Stats.; for electricity; or to provide light.

Variance A grant of relief, as approved by the zoning board of appeals, from the strict application of a rule or regulation that would permit development in a manner otherwise prohibited. (In contrast see special exception)

Vision clearance triangle The area in the shape of a triangle located at the intersection of two roads or at the intersection of a road and a driveway within which the type and placement of structures and vegetation are controlled to ensure adequate sight distances for pedestrians and motorists. The configuration and size of this area is based on standards included in this chapter.

Wetland An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Winter grazing area Cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period October 1 to April 30. The term does not include (1) an area, other than a pasture, where livestock are kept during the period from May 1 to September 30; (2) an area which at any time has an average of more than 4 livestock animal units per acre; (3) an area from which livestock have unrestricted access to navigable waters of the state, such that the livestock access prevents adequate vegetative cover on banks adjoining the water; or (4) an area in which manure deposited by livestock causes nutrient level to exceed standards in s. ATCP 51.16, Wis. Admin. Code.

Written or in writing Any representation of words, letters, drawings, graphics, or pictures.

Yard The area of a lot that is required to be unoccupied and unobstructed from the ground upward, except by trees, shrubbery, or as otherwise provided in this chapter.

Yard, front A yard as described for each of the following types of lots. (1) For an interior lot, that area that extends across the front of a lot between the side lot lines from the front lot line to the front of the principal building. (2) For a corner lot, that area that extends across the front of a lot between the side lot lines from the front lot line to the front of the principal building and that area that extends between the rear lot line to the front lot line from the side lot line to the side of the building. (3) For a double frontage lot, that area that extends across the front of a lot between the side lot lines from the front lot line to the front of the principal building and also that area that extends across the rear of a lot between the side lot lines from the rear lot line to the rear of the principal building.

Yard, rear A yard as described for each of the following types of lots. (1) For an interior lot, that area that extends across the rear of a lot between the side lot lines from the rear lot line to the rear of the building. (2) For a corner lot, that area that extends between the front yard abutting the street right of way and the opposing side lot line from the rear lot line to the rear of the principal building.

Yard, side A yard as described for each of the following types of lots: (1) interior lot, the area that extends between the front yard and rear yard from the side lot line to the side of the building; (2) corner lot, that area that extends between the front yard and the rear yard from the side lot line to the side of the principal building; (3) and double frontage lot, that area that extends between the front yard from the side lot line to the side of the principal building.

Zoning administrator The individual so designated by the town board to perform those duties as enumerated in this chapter and as authorized by state law.

Zoning board of appeals (ZBA) A board created by the town board to render decisions relating to variances and administrative appeals and other matters enumerated in this chapter and in state law.

Zoning district An area on the zoning map within which the zoning code is uniformly applied to all properties. Zoning districts can be classified as base zoning districts or overlay zoning districts.

Zoning district, base A type of zoning district that establishes uniform regulations for the use and development of land.

Zoning district, overlay A type of zoning district that is superimposed over one or more base districts, or parts of districts, and that modifies the requirements of the base district or imposes additional requirements, or both.

Zoning permit A written permit issued for a specified parcel of land prior to the issuance of a building permit to ensure that the proposed use is consistent with the zoning requirements of the zoning district in which it is to be located.

Zoning Code | Definitions