Section 15.030 Definitions.

15.030 Definitions.

(1) Tenses. For the purpose of this chapter, and when not inconsistent with the context, words used herein in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number. The word building includes the word structure. The word lot includes the word plot. The word shall is mandatory and not directory. The word used shall be deemed also to include “designed, intended, or arranged to be used.” The word City means the City of Manitowoc, Wisconsin; the term Council means the Common Council of said City; the term Board of Appeals means the Board of Appeals of said City; and the term City Plan Commission means the City Planning Commission of said City. Unless otherwise specified, all distances shall be measured horizontally.

Accessory building means a subordinate detached building or a portion of a main building, the use of which is incidental to that of the main building, and which is located on the same lot as the main building.

Accessory use means a use of land or a portion of the building customarily incidental to the actual principal use of the land or building and located on the same parcel of property with such principal use.

Adaptive reuse means the development of a new use for an older building or for a building originally designed for a special or specific use.

Alley means a public way having a width of not more than 20 feet, which affords only a secondary means of vehicular access to abutting property.

Amendment means a change in the wording, context or substance of this chapter, or a change in the zone boundaries upon the Zoning Map, which map is a part of the ordinance codified in this chapter when adopted by ordinance by the Council in the manner prescribed by law.

Animal hospital means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bathroom facilities must be included for each apartment.

Automobile service station means a building or structure designed or used for the retail sale or supply of fuels, lubricant, air, water and other operating commodities for motor vehicles, and including the customary space and facilities for the installing of such commodities on or in such vehicles, and including space for facilities for storage, minor repairs or servicing, but not including painting, refinishing, or major repairs. An automobile service station may include a convenience store that is located on the same lot and is accessory to a gasoline station, which features the sale of food and beverage items and other tangible consumer goods typically found in a convenience market or supermarket. Mechanical car washing will be permitted as an incidental use after approval of its plan of operation by the City Plan Commission and/or the City Planner.

Basement – Cellar. Basement shall mean a portion of a building located partly underground but having three and one-half feet or more of its floor-to-ceiling height above the average grade of the adjoining ground. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half feet of its floor-to-ceiling height above the average grade of the adjoining ground.

Bed and breakfast establishment means any place of lodging that satisfies all of the following:

(a) Provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients at any time;

(b) Provides no meals other than breakfast and provides the breakfast only to renters of the place;

(d) Is occupied by the owner at the time of rental;

(e) Was originally built and occupied as a single-family, or, prior to use as a place of lodging, was converted to use and occupied as a single-family, residence.

Block means the property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and railroad right-of-way, unsubdivided acreage, river, or live stream; or between any of the foregoing and any other barrier to the continuity of development.

Board of Appeals refers to the Zoning Board of Appeals as provided in MMC 15.550.

Brewery means an establishment or facility that manufactures, bottles, packages, and stores fermented malt beverages for sale or transportation and has a permit under Wis. Stat. § 125.29. A brewery may operate an off-site retail outlet, subject to the requirements of Wis. Stat. § 125.59. A brewery does not include a brewpub permitted under Wis. Stat. § 125.295.

Brewpub means an establishment or facility which has a permit under Wis. Stat. § 125.295 which manufactures less than 10,000 barrels (310,000 gallons, 3.3 million 12-ounce cans) of fermented malt beverages and operates a restaurant on the premises.

Buildable Area. The buildable area of a lot is the space remaining after the minimum open space requirements of this chapter have been complied with.

Building means any structure having a roof, supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion by masonry or a fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.

Building area means the total building area bounded by the exterior walls of a building at the floor levels, but not including basements, utility rooms, garages, porches, breezeways, and unfinished attics.

Building height means the vertical distance measured from the mean street curb level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to one-half the vertical distance between the eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished yard grade along the front of the building.

Building line means a line established, in general, parallel to the front street line, between which and the front street line no part of a building shall project, except as otherwise provided by this chapter.

Building, principal means a building in which is conducted the principal use of the lot on which it is situated.

Bulk (of a building) means the combination of building height, size, and location on a lot.

Cemetery means land use dedicated to the burial and interment of human or animal remains, including crematoriums, mausoleums, columbariums, necessary sales and maintenance facilities, or any combination thereof. A cemetery shall be permitted in any zoning district, at the discretion and authorization of the Common Council.

Church means a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. The term church shall not carry a secular connotation, and shall include synagogues, temples, mosques, or other such places for worship and religious activities.

Clinics means medical and dental clinics operating for the primary purpose of providing out-patient treatment for human ills by one or more physicians or dentists and including related facilities such as laboratories and other service facilities.

Community living arrangement means any of the following facilities licensed or operated or permitted under the authority of the State Department of Health and Social Services: child welfare agencies under Wis. Stat. § 48.60, group homes for children under Wis. Stat. § 48.02(7), adult family homes and community-based residential facilities under Wis. Stat. § 50.01, but does not include day care centers, nursing homes, general hospitals, special hospitals, prisons or jails.

Conditional use means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this chapter, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted.

Condominium means a form of ownership combining individual unit ownership with shared use and ownership of common elements or facilities, established in accordance with the requirements of Wis. Stat. Ch. 703. Common elements and facilities are owned by all members of the condominium association on a proportional, undivided basis. A condominium is a legal form of ownership and not a specific building type or building style. Buildings in a condominium shall meet the density and location requirements of the zoning district in which they are located.

Court means an open, unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

Decibel. A decibel is a unit of measurement of the intensity (loudness) of a sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

Density means the number of families residing on, or dwelling units developed on, an acre of land. As used in this chapter, all densities are stated in families per net acre, that is, per acre of land devoted to residential use, exclusive of land in streets, alleys, parks, playgrounds, school yards, or other public lands and open spaces.

Director of Building Inspection means the Director of Building Inspection of the City of Manitowoc, who is responsible for the administration of this chapter, or his authorized representative.

Distillery means an establishment or facility that manufactures intoxicating liquor on the premises and has been issued a permit under Wis. Stat. § 125.52. It may include a tasting room and retail space to sell the liquor to patrons on the site.

District means a portion of the City of Manitowoc within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this chapter, or within which certain yards and other open spaces are required or within which certain lot areas are established or within which a combination of such aforesaid conditions are applied.

Domestic violence center means a dwelling providing temporary assistance and shelter for persons or families experiencing violence in their family and operated on a nonprofit, nonstock basis.

Drive apron means the connection between a driveway and the traveled portion of the street, in the public right-of-way, including any sidewalk area abutting thereon.

Driveway means a surface maintained for motor vehicle access and parking, including those located from street entrance to garage or parking area, and those used specifically for circular turnaround or circular through traffic.

Dwelling means any building or portion thereof which is designed or used exclusively by one family, which meets the following requirements:

(a) Is set on an enclosed foundation in accordance with Section 70.043(1), and subchapters III, IV and V of Wis. Admin. Code ILHR 21, or is set on a comparable enclosed foundation system approved by the Director of Building Inspection. The Director of Building Inspection may require a plan to be certified by a registered architect or engineer to ensure a proper support for the home;

(b) Is properly connected to all public utilities;

(d) Utilizes at least four of the following design features:

1. Dormers;

2. Recessed entries;

3. Cupolas;

4. Bay or bow windows;

5. Attached garage;

6. Horizontal lap siding;

7. Gables;

8. Covered porch entry;

9. Pillars or posts;

10. Eaves (minimum six-inch projection);

11. Tile or shake roof; and

12. Off-sets on building face or roof (minimum 12 inches).

A single-family dwelling includes a manufactured home which meets the above requirements and which is installed in accordance with the manufacturer’s instructions.

Dwelling, multiple means a building, or portion thereof, used or designed as a residence for three or more families living independently of each other and having their own cooking and bathroom facilities. This definition includes three-family houses, four-family houses, apartment houses, and apartment hotels but does not include automobile courts, trailer camps, tourist camps, mobile or manufactured home parks.

Dwelling, row means a place of abode not more than three stories in height arranged to accommodate three or more attached row living units in which each living unit is separated from the adjoining unit by a vertical occupancy separation of not less than one-hour fire resistive construction extending from the basement or lowest floor to the underside of the roof deck.

Dwelling, single-family means a detached building, designed for or occupied exclusively by one family.

Dwelling, two-family means a detached building, designed for or occupied exclusively by two families living independently of each other.

Dwelling unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent bathing and cooking and sleeping facilities.

Efficiency apartment means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Erosion hazard area means any area so designated on the “Comprehensive Zoning Ordinance Zoning District Map” which is prone to or has a history of moderate to severe erosion and is or potentially is a threat to adjoining property. The Plan Commission must approve any cutting, filling or development in an erosion hazard area before any development occurs.

Essential services means the erection, construction, alteration, or maintenance by public utilities or municipal departments of underground, surface or overhead gas, communication, electrical, steam, fuel or water transmission or distribution systems, collections, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience, or welfare.

Fairgrounds and Customary Accessory Uses. Uses shall be limited to fairs, agricultural shows, home shows, educational and other displays, dog obedience, police training classes, auctions, flea markets, horse shows, stock car races, tractor and truck pulls, demolition derbies, camp grounds, Scout-a-ramas, Fire Department safety demonstrations, dances, certification classes, music concerts, conventions, family reunions, picnics, Easter egg hunts, bingo, tournaments, and merchant sales.

Family means two or more individuals who are related to each other by blood, marriage, adoption or legal guardianship. For purposes of this chapter, a group of not more than four persons not necessarily related by blood or marriage, living together in a single living unit, will be considered equivalent to a single family.

Farmers’ market means an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public, without any intervening distributor or wholesaler, such items as fresh produce, seasonal fruits, fresh flowers, ornamental plants and trees, arts and craft items, and food and beverages dispensed from booths located on-site.

Floor area usable means any floor area within outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open porches and accessory buildings.

Fraternal organization means a group of people formally organized as a private club or other social organization for a common interest, usually cultural, religious, or entertainment with regular meetings, rituals, and formal written membership requirements, and which utilize their facilities to occasionally prepare, serve or sell meals to transients or the general public, or for weddings, bingo and catering services.

Garage, private means a structure or a part of a structure, either attached to a one- or two-family dwelling or unattached but serving the dwelling, housing one or more motor vehicles owned by the occupant of the dwelling and used only for personal or family service, not serving as a place of employment.

Garage, public means any premises except those described as a private or storage garage, used principally for the storage of automobiles, cars, or motor-driven vehicles, for remuneration, hire or sale, where any such vehicle may also be equipped for operation or repaired.

Garage, repair means a structure or any part of a structure in which one or more motor vehicles are primarily repaired or serviced.

Garage, storage means any structure or part of a structure in which one or more motor vehicles are stored or parked and which is not a repair garage, private garage or open parking structure.

Grade, established means the elevation of the finished street or sidewalk, as established by the City of Manitowoc.

Greenhouse means a structure or portion of a structure made primarily of glass or other translucent material, for which the primary purpose is the cultivation or protection of plants, and for extending of the growing season.

Gross Building Area. Repealed.

Home occupation – expanded (or expanded home occupation) means a home occupation authorized to exceed one or more limitations of a permitted home occupation by issuance of a conditional use permit (CUP) pursuant to MMC 15.370(27). Each application for locating and operating an expanded home occupation shall be accompanied by the following information:

(a) A scaled site plan drawing showing the property lines and dimensions, location of all existing buildings/structures on the property, location of any driveways and the number of off-street parking spaces for customers, employee and residence vehicles, and the location of the home occupation.

(b) A floor plan that describes the proposed business and business activity, a listing of products for sale and services provided as part of the business, and a listing of machinery and equipment to be used on-site.

(d) The estimated number of clients and customers visiting the property per day, and the estimated frequency of any deliveries to the business operation. Specify the expected vehicle types used for deliveries.

(e) Other information and plans as may be required by the City Planner or Building Inspector.

The Plan Commission and Common Council reserve the right to determine: (1) the appropriateness of a proposed land use qualifying as an expanded home occupation under this section; and (2) its compatibility to the neighborhood, based on any or all of the following factors: (a) there is no change in the external appearance of the existing buildings and structures on the property; (b) there is no disruption to the quiet nature and visual quality of the neighborhood; (c) there are no additional parking areas other than driveways located in the required front yard or any side yard areas of the property; (d) there is no offensive noise, vibration, sound, smoke, dust, odors, heat or glare detectable to the normal senses off the property, or X-rays or electrical disturbance to radio or television transmission that can be detected by the normal senses off the property where the home occupation is proposed to be located; and (e) there is no increased risk to health or safety in excess of that which is common to a residential neighborhood. Examples of such increased risks may include, but are not necessarily limited to, the following:

(a) Business activities or uses that generate excessive traffic relative to the type of street that it fronts upon and the level of traffic that existed prior to the home occupation.

(b) Business activities or uses that involve the presence of non-resident individuals from potentially dangerous populations such as individuals under arrest, on parole, under extended supervision or probation.

A CUP authorizing an expanded home occupation shall not be transferable to any individual, firm or another address, nor shall the CUP authorize any person, other than the person named in the CUP, to commence or carry on the home occupation for which the CUP was issued.

A CUP for an expanded home occupation shall comply with all of the following standards:

(a) Shall be located entirely within the primary residence and not more than one accessory building per lot of record.

(b) Shall operate only between the hours of 8:00 a.m. and 8:00 p.m. as readily apparent from adjacent residences.

(c) Shall not cause any external alterations to the residence or accessory building including the creation of a separate or exclusive business entrance, and there shall be no exterior indication that a home occupation exists.

(d) Shall not be permitted to use equipment which creates offensive noise, vibration, sound, smoke, dust, odors, heat or glare detectable to the normal senses off the property, or X-rays or electrical disturbance to radio or television transmission in the area that would create visual or audible interference in excess of what is normally associated with a residential use.

(e) Shall have no outdoor display or storage of materials, goods, supplies or equipment.

(f) Shall not be permitted to have any external signage including window displays or advertising signs.

(g) Shall provide adequate off-street parking for occupants of the principal residence.

(h) Shall make reasonable efforts to keep all doors and windows closed during the hours of operation, except when entering or exiting.

(i) Shall be limited to not more than 10 clients per day in connection with the business.

(j) Shall in no case be permitted to include a retail or wholesale store, a manufacturing business, a commercial food service requiring a license, an auto service or repair facility for any vehicles other than those registered to residents of the property.

Home occupation means any occupation or profession conducted entirely within the residence (excepting a vacant lot residential garden) in any Residential Zoning District and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof or, except as provided in Chapter 31 MMC, does not have any exterior evidence of such use and does not infringe upon the right of neighboring residents to enjoy peaceful occupancy of their homes for which purpose the Residential Zone was created and primarily intended, and excepting a vacant lot residential garden. As examples, home occupations may include small professional offices, service establishments, musical instruction, or home crafts which are typically considered accessory to a dwelling unit. A home occupation may not occupy more than 25 percent of the floor area of the residence, nor shall the home occupation occupy any portion of any accessory building, except as authorized as an expanded home occupation. Any home occupation, as readily apparent from adjacent residences, shall operate only between the hours of 8:00 a.m. and 8:00 p.m. Shipment and delivery of products, merchandise, or supplies shall be limited to the hours of 8:00 a.m. to 8:00 p.m. and shall occur only in single rear-axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods. A home occupation that exceeds the standards of this definition may be permitted through issuance of a conditional use permit (CUP) pursuant to MMC 15.370(27).

Homes for the elderly means a facility consisting of three or more dwelling units designed for older people, the occupancy of which is limited to persons 60 years of age or older. The facility may include medical facilities or care, attached or detached dwellings, may be part of a managed senior project, and may include assisted living facilities, congregate care facilities, lifecare or continuing care services.

Hoophouse means a structure used as a greenhouse or a season extender, which is characterized by a half-round “hoop” shape, a series of large hoops or bows made of metal, plastic pipe or wood, and with a plastic roof wrapped over flexible piping.

Hospital means, as defined in Wis. Stat. § 50.33, any building, structure, institution or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment of and medical or surgical care for three or more nonrelated individuals hereinafter designated patients, suffering from illness, disease, injury or disability, whether physical or mental, and including pregnancy and regularly making available at least clinical laboratory services, and diagnostic X-ray services and treatment facilities for surgery, or obstetrical care, or other definitive medical treatment. Hospital may include, but not in limitation thereof by enumeration, related facilities such as outpatient facilities, nurses’, interns’ and residents’ quarters, training facilities and central service facilities operated in connection with hospitals. Hospital includes special hospitals or those hospital facilities that provide a limited type of medical or surgical care, including orthopedic hospitals, children’s hospitals, critical access hospitals, mental hospitals, psychiatric hospitals or maternity hospitals.

Hotel means a larger, generally full service lodging facility located in a building or part of a building, with a common entrance or entrances, interior entrances to the rooms, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following additional guest services are offered: maid service; furnishing of linen; telephone, secretarial or desk service; childcare; bellhop service. A hotel may include a restaurant or cocktail lounge, public banquet halls, swimming pool, ballrooms or meeting rooms.

Hydroponic system means the propagation of plants using a mechanical system designed to circulate a solution of minerals in water with limited use of growing media.

Improved surface means a surface of bituminous paving over a base course, Portland cement concrete, brick or block designed for this use and laid over a sand base, an oiled base course, or crushed rock, which provides a stable, hard driving surface that resists rutting, is impervious to erosion and does not result in blowing dirt or dust; the ponding of water, the deposition of soil from being tracked onto streets; and which eliminates the accumulation of dust, dirt, and mud.

Improvement means any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition, that becomes part of, is placed upon, or is affixed to real estate.

Junk Yard. The term junk yard shall include any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk.

Kennel means an establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation. Kennels include canine care facilities which may feature such services as animal day care, sleepovers, salon services, boutique, training and veterinary services.

Laboratory means a place devoted to experimental study such as testing and analyzing. Manufacturing of product or products is not to be permitted within this definition.

Launderette means a business premises equipped with individual clothes washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house.

Lodge means a structure used to provide meeting facilities for a membership organization of people meeting on a regular basis for a common purpose or purposes.

Lot means a parcel of land to be occupied by a building and its accessory buildings or by a residential, business, or industrial group and accessory buildings, together with such open spaces as are required under the provisions of this chapter and having not less than the minimum area required by this chapter for a lot in the district in which it is located and having its principal frontage upon a public street or having a permanent 25-foot-wide public easement for access.

Lot, corner means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street and any two chords of which form an angle of 120 degrees or less measured on the lot side. The point of intersection of the street lot lines is the corner. In the case of a corner lot with curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above.

Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

Lot depth means the mean horizontal distance from the front street line to the rear lot line.

Lot, interior means a lot other than a corner lot or reversed corner lot.

Lot lines means the property lines bounding the lot.

(a) Front lot line, in case of an interior lot, shall mean the lot line separating the lot from the street. In the case of a corner lot, the front lot line shall be the line separating the narrowest street frontage of the lot from the street.

(b) Rear lot line means, ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore shaped lot, a line 10 feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line of the lot, shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the Director of Building Inspection shall designate the rear lot line.

(c) Side lot line means any lot line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

(d) Street or alley lot line means a lot line separating the lot from a street or an alley.

Lot of record means a lot which actually exists as shown on the records of the City Assessor.

Lot, reversed corner means a corner lot, the rear of which abuts upon the side of another lot.

Lot, through means an interior lot having frontages on two more or less parallel streets as distinguished from a corner lot.

Lot width means the average horizontal distance between the side lot lines.

Maintenance means the servicing, repairing, or altering of any premises, appliance, apparatus, or equipment to restore its character, scope, size or design, and to perpetuate the use or purpose for which such premises, appliance, apparatus, or equipment was originally intended.

Manufactured home means a structure certified and labeled as a manufactured home under 42 USC 5401 through 5426.

Microbrewery means a small facility for the brewing of beer that produces less than 10,000 barrels per year and has a permit under Wis. Stat. § 125.29. Microbreweries do not have a restaurant component associated with the use, but they may include a tasting room and retail space to sell the beer to patrons on the site.

Mini-warehouse means an unoccupied, compartmentalized warehouse building in which storage spaces of varying sizes are leased or rented to individuals for general storage purposes for varying periods of time, and providing one or more overhead doors serving each compartment. Mini-warehouses shall comply with ILHR 62.995. The following uses shall be prohibited in mini-warehouses:

(a) Storage of flammable or hazardous materials or chemicals;

(b) Auctions, commercial, wholesale, or retail sales, or miscellaneous or garage sales;

(d) The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment or other similar equipment;

(e) The establishment of a transfer or storage business; and

(f) Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

Motel means a smaller, generally limited service lodging facility located in a series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space, and may feature drive-up, exterior entrances to the rooms. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

Nonconforming building or structure means any building or accessory structure which was existing under ordinances or regulations preceding the ordinance codified in this chapter, but which would not conform to the regulations of the zoning district in which it is located with respect to its size, construction or location on a lot.

Nonconforming use means any active and actual use which was existing under ordinances or regulations preceding the ordinance codified in this chapter, which has continued as the same use to the present, and which does not conform to the regulations for the zoning district in which it is situated.

Nursing home means, as defined in Wis. Stat. § 50.01(3), a place where five or more persons who are not related to the operator or administrator reside, receive care or treatment, and because of their mental or physical condition require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services.

Official Map. The Official Map is the map established by the Common Council of the City of Manitowoc in accord with Wis. Stat. § 62.23.

Ordinary high-water mark (OHWM) means the point along the Lake Michigan shore where action of the water is continuous enough to permanently destroy terrestrial vegetation.

Parking area means a paved area connected to a driveway, upon which motor vehicles are parked and which is not a parking lot, driveway or drive apron.

Parking lot means a paved area designed and intended for parking at least five motor vehicles and which complies with the regulations contained within this chapter.

Pedestrian lane means a public way having a width of not less than 20 feet which affords a means of pedestrian access only.

Planned unit development means an area of a minimum contiguous size, as specified under MMC 15.750, to be planned, developed, operated and maintained as a single entity containing one or more structures to accommodate a variety of uses, not limited to residential, commercial and industrial uses, and appurtenant common areas and other uses incidental to the predominant uses.

Private club means an organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily done as a business, and whose members pay dues or meet certain prescribed qualifications for membership, and which may sell alcohol beverages incidental to its operation.

Professional office means the office of a doctor, dentist, minister, architect, landscape architect, engineer, surveyor, lawyer, author, artist, musician, tattooist, body piercer or other recognized licensed profession.

Public utility means any person, firm, corporation, municipal department, or board, duly authorized to furnish and furnishing under State or municipal regulations to the public electricity, gas, steam, communications, transportation, or water.

Recycling facilities means a center for the collection and/or processing of recyclable materials as defined under MMC 13.010(5), at which processes such as sorting, baling, palletizing or containerizing of recyclable materials are conducted. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of materials generated by that residential property or manufacturer. Recycling facilities shall be subject to the following conditions:

(a) Shall accept all materials approved and collected under the City’s current recycling program policies;

(b) All processing shall be conducted entirely within a building;

(d) No exterior storage of materials shall be permitted in an “I-1” or “I-2” Zoning District unless permitted by conditional use permit under MMC 15.330(4)(a) or 15.350(3)(z). All storage areas must be cleaned daily of debris and litter; secured from vandalism; all stored materials shall be placed in sturdy containers which are secured and maintained in good condition; all containers shall be site screened by opaque fence or wall of a height equal to or greater than the height of the containers, if the containers are adjacent or abutting a Residential District or residential land use; and no material storage shall be visible above the height of any screening; and

(e) If located within 100 feet of a Residential Zoning District or residential land use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

Residential care apartment complex means, as defined in Wis. Stat. § 50.01(1d), a place where five or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. A residential care apartment complex does not include a nursing home or a community based residential facility, but may be physically part of a structure that is a nursing home or community based residential facility.

Residential dwelling means any building, structure, or part of the building or structure that is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of others, as defined in Wis. Stat. § 66.0615(1)(di).

Restaurant, carry-out means a restaurant designed and constructed to have the food consumed away from the restaurant.

Restaurant, drive-in means a restaurant designed and constructed where some or all of the food is consumed on the restaurant premises but outside the restaurant structure, usually within a motor vehicle parked on the restaurant premises.

Restaurant, sit-down means a restaurant designed and constructed for the consumption of food solely within the building.

Rooming house means any building or part thereof other than a hotel, motel or bed and breakfast facility, with sleeping rooms for lodgers which do not contain private bathroom facilities, are rented for compensation, and where meals may or may not be provided for the lodgers.

School means an institution providing full-time instruction for children and adults, and including accessory facilities traditionally associated with a program of study which meets the requirements of the State of Wisconsin. Schools include primary and secondary schools; colleges; trade or vocational schools; professional schools; dance, theater and martial arts schools; business schools; art schools; charter and alternative schools; and similar facilities.

(a) Parochial school means a school supported and controlled by a church or religious organization.

(b) Private school means any building or group of buildings the use of which meets State of Wisconsin requirements for elementary, secondary or higher education, and which use does not secure the major part of its funding from any governmental or public agency.

(c) Schools operated for profit means a school operated or managed by a legal, for-profit private company which receives private tuition or fees from each student it enrolls in an attempt to maximize profits from its educational operation.

Service Station. See automobile service station.

Shelter, fall-out means a structure or portion of a structure intended to provide protection to human life during periods of danger to human life from nuclear fall-out, air raids, storms or other emergencies.

Shopping center means a commercial land development consisting of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

Short-term rental means a residential dwelling that is offered for rent for a fee for fewer than 29 consecutive days, as defined in Wis. Stat. § 66.0615(1)(dk).

Sign means any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on, or posting or placing any printed, lettered, pictured, figured, or colored materials on, a building, structure or surface. The term shall not include architectural features of a building which would otherwise be a sign, or window displays or flags.

Sign, outdoor advertising means any card, cloth, paper, metal, painted, glass, wooden, plaster, stone or other sign of any kind or character whatsoever, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term placed as used in the definition of outdoor advertising sign shall include erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing or making visible in any manner whatsoever.

Sportsmen’s club house means a structure used to provide shelter for a private, nonprofit, nonstock association of people meeting on a regular basis for a common purpose associated with sports and/or sporting events or efforts.

Stories, Number of. The number of stories of a multistory building includes all stories except the basement, ground floor, attic or interior balcony and mezzanine floor. (Also see ILHR 51.02(14)).

Story means the space in a building between the surfaces of any floor and the floor next above or below, or roof next above, or any space not defined as basement, ground floor, mezzanine, balcony, penthouse or attic.

Story, half means the part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half the floor area of said full story.

Street means a public or private thoroughfare which affords traffic circulation and principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley, measured between the right-of-way lines.

Street right-of-way line means the dividing line between a lot, tract, or parcel of land and a contiguous street.

Structural alteration means any change in the supporting members of a building or structure, such as bearing walls, or partitions, columns, beams or girders, or any change in the width or number of exits or any substantial change in the roof.

Structure means anything constructed or erected which requires permanent location on the ground or attachment to something having such location. This includes, but is not limited to, open carports, satellite dishes, solar devices, towers, and wind generators.

Theater means a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.

Trailer camp/park, including mobile and manufactured home park, means any premises occupied or designed to be occupied by more than one family living in a house trailer, mobile home, or manufactured home.

Trailer, house or mobile home means any vehicle constructed as to permit its occupancy as a dwelling or sleeping place for one or more persons, and having no foundations other than wheels, jacks, or skirtings, so arranged as to be integral with or portable by said house trailer. Included are recreational vehicles, motor homes, and truck campers.

Transitional housing means housing intended to provide the support needed for temporary occupants who lack a fixed, regular and adequate nighttime residence to move into long-term housing, and which is usually offered as part of a transitional program that helps homeless individuals and families become independent through counseling, job training, child care, skills training, and health care assistance.

Truck depot – dispatch, storage, load transfer, repair means a full service trucking business for the storage, repair, and dispatching of trucks and transfer of loads from one truck to another.

Use means the purpose land or a building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.

Vacant lot residential garden means a vacant lot adjacent to or combined with a residential lot of record used by individual residents for cultivating flowers, vegetables, fruits, herbs, ornamental shrubs or trees, where authorized by the property owner, where any food produced on-site is consumed by the growers, and where on-site commercial and retail sales are prohibited.

Variance means a modification of the specific regulations of this chapter in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

Vision clearance means a triangular space at the street corner of a corner lot, or at the intersection of a public alley with a street, unoccupied, from three feet to 10 feet above grade at right-of-way line, except as otherwise specifically authorized. Such space shall be determined by measuring from the point of intersection of the street lines along each street lot line, or street lot line and alley line, as the case may be, the distance required for the district in which the lot is located, forming a triangle by striking an imaginary line between said points of measurement.

Winery means an establishment or facility that manufactures and bottles wine on the premises for sale to wholesalers and has a permit issued under Wis. Stat. § 125.53. It may include a tasting room and retail space to sell the wine to patrons on the site.

Wrecker service means a business providing towing and temporary storage of disabled vehicles, typically the result of a collision or accident. Wrecked or inoperable vehicles must be removed from temporary storage after five days and placed into an enclosed building, taken to a junk yard, or to a body shop for repair.

Yard means an open space of uniform width or depth on the same land with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided herein. In measuring a yard as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn through the point of the building or the point of a group of buildings nearest to such lot line.

Yard, front means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

Yard, rear means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

Yard, side means a yard between the side line of the lot and the nearest line of any part of the principal building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot.

[Ord. 20-719 § 1, 2020; Ord. 20-531 § 2, 2020; Ord. 20-152 § 1, 2020; Ord. 16-326 § 1, 2016; Ord. 15-559 § 1, 2015; Ord. 13-265 § 1, 2013; Ord. 12-529 §§ 6, 7, 2012; Ord. 11-430 §§ 3, 4, 2011; Ord. 08-490 §§ 4 – 9, 2008; Ord. 07-012 §§ 1 – 5, 2007; Ord. 06-487 §§ 1 – 5, 2006. Prior code § 15.03]