Village of Richfield - Definitions

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Note: An item can be assigned to more than one topic.

A Zone Those areas shown on the official floodplain zoning map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area.

Acre A measure of land area. One acre equals 43,560 square feet.

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

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

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

Adult book/video store An establishment having as its stock in trade the sale, rental, or lease for any form of consideration, any one or more of the following: (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; and (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, 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 or 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 service of massage or body manipulation, including exercise, heat, and light treatment of the body, and any form or method of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the state of Wisconsin and which also provides its patrons with the opportunity to engage in specified sexual activities.

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

Adult motel An establishment that (1) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, film, motion pictures, video cassettes, video reproductions, slides, cable/satellite transmission, subscriber programming, or other visual representation or physical medium 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.”

AH Zone See area of shallow flooding

Alteration When used in the context of floodplain regulations, an enhancement, upgrade, or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning, and other systems within a structure. (Also see maintenance.)

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

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

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

AO Zone See area of shallow flooding

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

Architectural review committee (ARC) An advisory body established by the Village Board to make recommendations to the Plan Commission relating to building design elevation that are subject to the architectural standards of this chapter.

Area of shallow flooding A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow.

Arterial street An urban or rural street used, or intended to be used, primarily for fast or heavy inter-neighborhood or inter-community through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highways and parkways.

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 § 139.09, Wis. Stats., who makes a loan that is secured by an interest, other than a purchase money security interest, in the borrower’s motor vehicle.

Awning A roof-like fixture that projects from a wall and is typically placed above a door or window to provide protection from the sun and precipitation. An awning can be constructed of various materials, including metal, fabric, or plastic and may be nonretractable or retractable so as to fold up against the building when not in use.

A line drawing of a balcony with a railing and two doors leading into a building. T

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 building's interior. A balcony can be supported by columns or brackets or be cantilevered.

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

Base zoning district See zoning district, base

Basement That portion of any building located wholly or partly below the average adjoining lot grades.

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

Breakaway wall When used in the context of floodplain regulations, a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

A line drawing of a breezeway connecting two buildings.

Breezeway A roofed structure without sides that connects two buildings.

Building Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials. A building may be enclosed with exterior walls or open without walls.

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 a lot, expressed as a percent, that is occupied by those buildings and structures specified in this chapter. Depending on the context, the term may refer to the actual or proposed amount, or the maximum amount that is permitted in a particular zoning district. (In contrast see impervious coverage)

Note: See § 170.868 that describes how building coverage is measured.

Building height The vertical distance measured from the mean elevation of the finished lot grade along the street yard face of the buidling to the highest point of the roof. Where the building is on a lot which slopes from the rear down to the street, the height will be determined at a point equidistant from the back and front wall of the building.

Building inspector The individual so designated by the Village of Richfield. (In contrast see zoning administrator

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

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.

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

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

A man kneeling in tall grass while measuring the trunk of a small tree with a caliper.

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.

Campground When used in the context of floodplain regulations, a parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area.

Camping unit When used in the context of floodplain regulations, any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use.

CFR An abbreviation for Code of Federal Regulations

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

Clear vision triangle See vision triangle

Telecommunication antennas mounted at the top of a transmission tower with overhead wires against a clear blue sky.

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

Commercial zoning district A zoning district so designated in § 170.821. (See also industrial zoning district, residential zoning district, and special purpose zoning district)

Common open space Those areas within a planned unit development project (RS-1A, RS-1B, RD-1, RD-2) that will remain undeveloped and which are jointly owned, in an equal and undivided manner, and maintained by those owning property in the development.

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

Comprehensive plan A plan adopted by the Richfield Village Board consistent with § 66.1001, Wis. Stats., as may be amended.

Conditional use See land use, conditional

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

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

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

Conversion order A written decision issued by the Village 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

Crawlway or crawl space An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities.

Curb A barrier used to separate a street, parking area, or other vehicle use areas from the surrounding environs.

A line drawing of a deck attached to a house featuring a railing and stairs.

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.

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

Developer 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

A simple line drawing of a deciduous tree with dashed lines on either side indicating its dripline.

Drip line A line on the ground established by a vertical plane extending from a tree's outermost branch tips down to the ground.

Driveway A private route of ingress and egress that extends from a public road to the front lot line and to buildings and other uses on the lot.

A gravel driveway leading into a wooded area with floodwaters on both sides under a sunny sky.

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

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

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.

Encroachment When used in the context of floodplain regulations, any fill, structure, equipment, building, use, or development in the floodway.

Environmental control facility When used in the context of shoreland-wetland reguations, any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

A fenced enclosure around the base of a telecommunication tower, small buildings, and related equipment boxes. A gravel drive leads up to the enclosure with agricultural fields in the background.

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.

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

FAA An abbreviation for Federal Aviation Administration

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

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

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

Family See household unit

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

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

FCC An abbreviation for Federal Communications Commission

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

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

FEMA An acronym for Federal Emergency Management Agency

Financial guarantee A written guarantee, such as a letter of credit, that a developer submits to the village to ensure the completion of an obligation relating to a development project.

A gravel road adjacent to a large white building, with a parked van and a dumpster. A sign indicates 'No Thru Traffic' nearby, and orange cones line the path, while green grass borders the area.

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

FIRM An acronym for flood insurance rate map

FIS An abbreviation for flood insurance study

Flag lot See lot, flag

Flood A general and temporary condition or partial or complete inundation of normally dry land areas caused by (i) the overflow or rise of inland waters; (ii) the rapid accumulation or runoff of surface waters from any source; (iii) the inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or (iv) the sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Flood frequency The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year.

Flood hazard boundary map A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a flood insurance study and a flood insurance rate map.

Flood insurance rate map (FIRM) A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency.

Flood insurance study (FIS) A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A Zones. Flood insurance rate maps, that accompany the flood insurance study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program.

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

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

Flood storage Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge.

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

Floodplain The land which has been or may be covered by flood water during the regional flood. The floodplain includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. (See also floodfringe and floodway)

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

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

Floodplain permit A written permit verifying that the proposed construction and use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with the floodplain regulations.

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

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

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

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

Front yard See yard, front

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

Habitable structure When used in the context of the floodplain regulations, any structure or portion thereof used or designed for human habitation.

Height of building See building height

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

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

Highway width map A map adopted by Washington County pursuant to § 66.1031, Wis. Stats.

Historic structure When used in the context of floodplain regulations, any structure that is (i) listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (ii) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (iii) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (iv) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs.

Household unit An individual living alone in a dwelling unit, or 2 or more individuals living together in a dwelling unit who are related by blood, marriage, adoption, or other legal means, or a group of not more than 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.

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

Note: See § 170.869 that describes how impervious coverage is measured.

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

Industrial zoning district A zoning district so designated in § 170.821. (See also commercial zoning district, residential zoning district, and special purpose zoning district)

Interior lot See lot, interior

Land division regulations All of the requirements set forth in Chapter 330 of the municipal code.

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

Land use, accessory A land use that is 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.

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

A parking lot scene with a landscape island surrounded by a concrete curb.

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

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

Legal nonconforming building See nonconforming building

Legal nonconforming lot See nonconforming lot

Legal nonconforming structure See nonconforming structure

Legal nonconforming use See nonconforming use

An industrial building with a brick facade and green trim. It features a central door and two large roll-up garage doors on either side. Yellow bollards are positioned near the entrance, with a visible one-way sign.

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

Lot A parcel of land on which a principal building and its accessory building are placed, together with the required open spaces; provided, that no such parcel after September 18, 2014 may be bisected by a public street or other public or private right-of-way and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes shall be included in the computation of lot size for the purposes of this chapter.

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

Note: See § 170.861 that describes how lot area is measured.

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

Lot width The width of a parcel of land measured at the front of the specified street yard. Depending on the context, the term can refer to the required width of a lot, actual width, or proposed width.

Note: See § 170.865 that describes how lot width is measured.

A line drawing with a series of lots bounded by city streets, showing examples of corner lots.

Lot, corner A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.

A line drawing with a series of lots bounded by city streets, showing an example of a flag lot.

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.

A line drawing with a series of lots bounded by city streets, showing examples of interior lots.

Lot, interior A lot that abuts only one street.

A line drawing with a series of lots bounded by city streets, showing an example of a through lot.

Lot, through A lot having a frontage on two roads that are more or less parallel to one another. Both frontages shall be deemed front lot lines.

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

Lowest floor When used in the context of floodplain regulations, the lowest floor of the lowest enclosed area (including basement).

Maintenance When used in the context of the floodplain regulations, the act or process of ordinary upkeep and repairs, including redecorating, refinishing, non-structural repairs, or the replacement of existing fixtures, systems, or equipment with equivalent fixtures, systems, or structures. (Also see alteration.)

Major road A road so designated on the zoning map. Certain specified land uses must be located on a major road in order to develop.

A close-up view of a metal plate affixed to the side of a manufactured home indicating construction specifications.

Manufactured home A dwelling unit that is constructed in an off-site facility in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

Note: A manufactured home bears a red insignia which certifies that it meets all applicable federal construction and safety standards.

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

Mobile home A dwelling unit that was originally constructed prior to June 15, 1976, and that is (i) constructed off-site, (ii) equipped with the necessary utility service connections, (iii) made to be readily movable as a unit or units on its (their) own running gear, and (iv) designed to be used with or without a permanent foundation.

Note: After June 15, 1976 no mobile homes have been constructed.

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.

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

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

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

Mobile service provider A person who provides mobile service.

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

Model, corrected effective A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model.

Model, duplicate effective A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model.

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

Model, existing (pre-project) A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model.

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

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

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 Village of Richfield.

National Geodetic Vertical Datum (NGVD) Elevations referenced to mean sea level datum, 1929 adjustment. (See also North American Vertical Datum (NAVD))

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

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

New construction When used in the context of floodplain regulations, structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures.

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.

Non-flood disaster When used in the context of floodplain regulations, a fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood.

North American Vertical Datum (NAVD) Elevations referenced to mean sea level datum, 1988 adjustment. (See also National Geodetic Vertical Datum (NGVD))

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

Official floodplain zoning map The map, adopted and made part of this chapter, as described in Article 10, which has been approved by the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency.

OHWM An abbreviation for ordinary-high water mark.

Open space use When used in the context of floodplain regulations, a land use having a relatively low flood damage potential and not involving structures.

A series of blue flags along the shore of the a waterbody marking the edge of the ordinary high-water mark.

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.

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.

Parapet A vertical extension of an exterior wall that rises above the adjoining roof surface.

A parking lot in front of a building with a parking space marked with yellow lines. Red dashed lines are superimposed to show the full extent of the parking space.

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

A simple line drawing of a patio next to a building with a patio door and small windows.

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

PDD An abbreviation for planned development district

Permanent foundation Definition is forthcoming - and will be worded to underscore the fact that it is a base a building is built upon which is compliant with the State Uniform Dwelling Code.

Permitted use See land use, permitted by right

Person An individual, corporation, municipality or other local unit of government, 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 Village Board to make recommendations and decisions relating to planning and land use issues as authorized by this chapter and 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).

A line drawing of a house with a front porch, and steps leading up to it.

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.

Private sewage system A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure.

Property boundary line See lot line

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

Public utilities When used in the context of floodplain regulations, those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer.

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

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats..

Rear yard See yard, rear

Reasonably safe from flooding Base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

Recreational vehicle 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.

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

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.

Residential driveway See driveway

Residential zoning district A zoning district so designated in § 170.821. (See also commercial zoning district, industrial zoning district, and special purpose zoning district)

Reviewing authority As the context would indicate, the zoning administrator, Plan Commission, Village Board, or Zoning Board of Appeals.

Rezoning See zoning map amendment

Right-of-way (ROW) A strip of land dedicated to or acquired by the Village of Richfield, Washington County, or state of Wisconsin for public use. (In contrast see easement)

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.

Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

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

Setback 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.

Shoreland Land within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

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

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

Side yard See yard, side

Sight triangle See vision triangle

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 visit A walking tour of a property that is subject to a pending application. Participants may include members of the review authority, village staff, the applicant and his/her agents, and members of the public. A site visit must be conducted in compliance with Wisconsin's open meeting requirements, other state and federal requirements, and this chapter.

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 § 170.821. (See also commercial zoning district, industrial zoning 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, sadomasochistic abuse, fellatio, cunnilingus, or anilingus; or (4) excretory functions as part of, or in connection with, a live performance, display, or dance of any type.

Start of construction When used in the context of floodplain regulations, the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

A simple line drawing of a stoop against the side of a small house featuring a front door and a window.

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

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, transmission lines, smokestacks, and signs.

Subdivision When used in the context of floodplain regulations, "subdivision" has the meaning given in § 236.02(12), Wis. Stats.

Substandard lot See lot, nonconforming

Substantial damage Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred.

Substantial 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.

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

Substantial improvement Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.

Substantial 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: (i) or 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; (ii) 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; (iii) 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; and (iv) 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. (i) and (ii) above, if a greater height is necessary to avoid interference with an existing antenna. Furthermore, an activity is not a substantial modification under sub. (iii) 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.

Note: Definition derived from § 66.0404, Wis. Stats.

A line drawing of a sunshade above a series of windows on the outside of a building.

Sunshade A fixture, consisting of fixed panels or louvers, that is permanently mounted to the exterior of a building to shade a window.

Support structure When used in the context of telecommunication facilities, 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.

Note: Definition derived from § 66.0404, Wis. Stats.

Temporary use See land use, temporary

Through lot See lot, through

Traffic impact analysis A written report that must be prepared for certain development projects that exceed specified traffice levels as more fully set forth in Article 6.

Truck route map A map adopted by the Village of Richfield that shows those roads so designated as a truck route.

Utility pole When used in the context of telecommunication facilities, a structure owned or operated by an alternative telecommunications utility, as defined in § 196.01 (1d), Wis. Stats.; a public utility, as defined in § 196.01 (5), Wis. Stats.; a telecommunications utility, as defined in § 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 § 182.017 (1g)(cq), Wis. Stats.; for video service, as defined in § 66.0420 (2)(y), Wis. Stats.; for electricity; or to provide light.

Note: Definition derived from § 66.0404, Wis. Stats.

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)

Village board The Village of Richfield Village Board.

Violation An activity that is done without complying with all applicable provisions of this chapter.

Vision 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.

Water surface profile A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of a river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

Watercraft Any device used and designed for navigation on water.

Watershed The entire region contributing runoff or surface water to a watercourse or body of water.

Well When used in the context of floodplain regualtions, an excavation or opening in the ground made by digging, boring, drilling, driving, or other method, to obtain groundwater regardless of its intended use.

Wetland The area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wetland vegetation Plants of all types typically growing in and associated with a wetland.

Wisconsin Administrative Code The rules of administrative agencies having rule-making authority in the state, published in a looseleaf, continual revision system as directed by § 35.93, Wis. Stats., and ch. 227, Wis. Stats., including subsequent amendments to those rules.

Woody vegetation Perennial plants having hard lignified tissues or woody parts, especially stems.

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.

A line drawing of four parcels in plan view with different building footprints and corresponding area designated as front yards.

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.

A line drawing of four parcels in plan view with different building footprints and corresponding area designated as rear yards.

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. (3) For a double frontage lot, that area that extends across the rear of a lot between the side lot lines from the rear lot line to the back of the principal building.

A line drawing of four parcels in plan view with different building footprints and corresponding area designated as side yards.

Yard, side A yard as described for each of the following types of lots. (1) For an 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) For a 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) For a 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 Village Board chairman 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 Village 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 map amendment An amendment to the zoning map adopted as part of this chapter.

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 regulations All of the requirements set forth in Chapter 170 of the municipal code.

§ 170.55 Use of graphics, illustrations, headings, references, and editorial notes.
A. Purpose. Graphics, illustrations, headings, references, statutory citations, and editorial notes are included to improve the readability of this chapter and increase reader comprehension. Specifically, graphics and illustrations are included to help the reader visualize the meaning of the text. Headings and subheadings generally state the content of that section and are intended to help the reader quickly find information. References are included when the section is related to a state or local law or another section in this chapter. These are included to help the reader understand the relationship among various provisions. Editorial notes are included to supplement and/or further clarify a sentence or provision but are not part of this chapter.
B. Interpretation. A graphic, illustration, heading, reference, statutory citation, or commentary note shall not govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision.
C. Effect of deficiency. Because the text controls, no provision shall be held invalid by reason of any deficiency in any graphic, illustration, heading, reference, statutory citation, or editorial note.

§ 170.58 General rules of interpretation.
In the construction of this chapter, the following shall be observed, unless such construction would be inconsistent with the text or with the manifest intent of this chapter:
A. Gender. Words of the masculine gender include the feminine and neuter, and vice versa.
B. Singular and plural words. Words in the singular include the plural and words in the plural include the singular.
C. Tense. Words in the present tense include the past and future tense, and the future tense includes the present tense.
D. "Must," "shall" and "will." The words "must," "shall" and "will" imply a mandatory condition.
E. "May" or "should." The words "may" and "should" imply a permissive condition.
F. "Includes" or "including." The words "includes" or "including" shall not limit a provision to the specific example(s) listed, but are intended to extend their meaning to all other instances or circumstances of like kind or character.
G. "Such as." The phrase "such as" shall not limit a provision to the specific example(s) listed, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
H. Conjunctions. When used at the end of a series, the word "and" indicates that all listed items apply. When the word "or" is used at the end of a series, it indicates that one or more of the listed items apply.

§ 170.61 General definitions.
A. Words and phrases not defined. Unless specifically defined in this section, words and phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. Words and phrases defined. For the purpose of this chapter, certain words and phrases are defined in Appendix E and shall have the meaning ascribed to them, except where the context clearly indicates a different meaning.

Village of Richfield, WI

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