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The following words, phrases and terms, wherever they occur in this chapter shall be interpreted as defined in this section:
ADMINISTRATOR, TOWN ZONING.  A person appointed by the Town Board to administer and enforce this ordinance.
ANIMAL FEEDING OPERATION. A feedlot or facility other than a pasture, where animals have been, are, or will be fed, confined, maintained, or stabled for a total of 45 days or more in any 12-month period.
ANIMAL UNITS.  As defined in NR 243, or as amended as follows:
# Equivalent      Subcategory                  Animal              # Equivalent      Subcategory              Animal
  to 1,000               of                             Equivalency        to 1,000                   of                   Equivalency
Animal Units     Animal Types                Factor               Animal Units     Animal Types            Factor
__________    __________________            _________      __________    _______________      ________
                        DAIRY CATTLE                                                          SHEEP
    700               Milking & Dry Cows         1.4                   10,000            Per Animal                      0.1
    910               Heifers (800-1200 lbs)       1.1
1,670               Heifers (400-800 lbs)         0.6                                         HORSES
5,000               Calves (under 400 lbs)       0.2                        500            Per Animal                      2.0
                        BEEF CATTLE                                                              DUCKS
1,000               Steers/Cows (1000-Mkt)   1.0                     5,000            Per Bird (Wet Lot)           0.2
1,250               Steers/Cows (600-1000 lb) 0.8                 100,000            Per Bird (Dry Lot)           0.01
2,000               Calves (under 600 lbs)       0.5
    700               Bulls                                1.4                                         CHICKENS
                                                                                     100,000            Layers                            0.01
                         SWINE                                                 200,000            Broilers                           0.005
2,500               Pigs (55 lbs-Mkt)              0.4
10,000              Pigs (up to 55 lbs)             0.1                                         TURKEYS
2,500               Sows                               0.4                   55,000            Per Bird                          0.018
2,000               Boars                               0.5
                                                                                                            COMBINED ANIMAL UNITS
                                                                                        1,000            Calculated Total

Examples for determining maximum allowable animals:

5 animal units/acre (number 0f acres)

= Number of animals

Animal Equivalency Factor (AEF)

Example #1

40 acres/ 400-800 lb. heifers:

5 animal units/acre (40) acres

= 333 (400-800 lb. heifers)

.6 AEF

Example #2

40 acres / Milking or dry cows:

5 animal units/acre (40) acres

=142 (Milking or dry cows)

1.4 AEF

Animal unit density equivalents for non-typical species or exotics such as bison, llamas, emu and ostriches shall be determined based on recommendation from the Marathon County Land Conservation Committee or DNR.

ANIMAL WASTE FACILITY.  Any site or area specifically designed and/or constructed for the purpose of storage or holding of animal waste and manure.
APARTMENT HOUSE.  A building containing accommodations for more than two families living independently of each other.
AQUIFER.  A saturated, permeable, geologic formation that contains and will yield significant quantities of water.
AUTO DEALER.  Any person may sell, offer to sell, or display three (3) vehicles per year on property which they own or control providing the vehicles are part of their personal fleet.  Sale of, offer to sell, or display of more than three (3) vehicles requires proper zoning for an auto dealership.
AUTO LAUNDRY/CAR WASH.  A building or portion thereof containing facilities for washing vehicles using a steam cleaning device, cleaning solutions and water under pressure, blower, chain conveyor or other mechanical devices.
AUTOMOBILE SERVICE STATION.  Any building, structure or premises or other place used for the dispensing, sale or offering for sale of any motor fuel or oils, having pumps and storage tanks; also where battery, tire and similar services are rendered, but not including buildings and premises where such business is incidental to the conduct of a public garage used for the repair or storage of motor vehicles.
AUTOMOBILE WRECKING YARD, JUNK YARD, OR SALVAGE YARD.   Any area of land where three or more vehicles, unlicensed and/or not in running condition, an accumulation of auto parts, or both, are stored in the open and are not being restored to operation.  Any land, building or structure used for the wrecking or storing of such motor vehicles, or parts thereof, not in running condition.  Any area where tire carcasses are stored or recycled.  Any area where 3 or more pieces of unlicensed or inoperative construction equipment, motorcycles, snowmobiles, boats or appliances or their parts are stored and are not being restored to operation, or any land or structure for the wrecking or storing of such vehicles, equipment or appliances, or parts thereof, not in working condition.  The examples listed by this definition are examples and not intended to be an inclusive list.
BED AND BREAKFAST ESTABLISHMENT.  A business as defined in Wis. Stats.§254.61(1).
BOARD OF APPEALS.  The body established under §62.23(7)(e), Wis. Stats..
BOARDING HOUSE.  A building other than a hotel or restaurant where meals or lodging are regularly furnished by prearrangement for compensation for 5 or more persons not members of a family, but not exceeding 20 persons and not open to transient customers.
BOAT LIVERIES.  Establishments offering the rental and repair of boats and fishing equipment.
BOATHOUSE.  A residential accessory building designed and used for storage of boats and boating accessories belonging to the resident.  A boathouse shall not be used for storage of land vehicles, lawn, garden or shop equipment or supplies.
BUILDING. A building” is any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the round through all stories to and above the roof, each part shall be deemed a separate building.
BUILDING, ACCESSORY.  A subordinate or supplemental building, the use of which is incidental to that of the principal building on the same lot or incidental to the use of the premises on which it is located.
BUILDING HEIGHT.  Unless otherwise specified in this ordinance, the vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable, hip and gambrel roofs.
BUILDING SITE AREA.  The ground area of a building or buildings, together with all open spaces required by this chapter.
CAMPGROUNDS.  Any premises established for overnight habitation by persons, not the owner of the property, using equipment designed for the purposes of temporary camping and whether or not a fee is charged.
CAMPING UNIT.  Any portable device, no more than 400 square feet in area, used as a temporary shelter, including, but not limited, to a camping trailer, motorhome, bus, van, pickup truck, tent or other mobile recreational vehicle.
CERTIFICATE OF COMPLIANCE.  A certification issued by the Town Zoning Administrator stating that the construction and the use of land or a building is in compliance with all of the provisions of this ordinance.
CHANNEL.  A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.
CLUB.  An association for some common purpose, but not including a group organized for or which is actually engaged in rendering a service which is customarily carried on as a business.  A roadhouse or tavern shall not be construed as a club.
CONDITIONAL USE.  Uses which may be permitted in a district through the granting of a Conditional Use by the Town Board, upon finding and recommendation by the Planning Commission that specified conditions are met.
CONDOMINIUM.  For the purpose of this code, condominium shall have the same definition as contained in §703.02(4) Wis. Stats.
CONE OF DEPRESSION.  The area around a well in which the water level has been lowered at least one tenth (1/10) of a foot by pumping of the well.
CONSERVANCY AREA.  An area of land where the water table is generally at, near or above the land surface.
DAY CARE OR CHILD CARE FACILITY.  For the purpose of this code a day care or child care facility shall have the same definition as contained in §48.65(1) Wis. Stats..
DETENTION BASIN.  An artificial depression or diked structure designed to be part of a stormwater and/or sediment control project which may or may not have permanent shallow water.
DEVELOPMENT.  Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures:  the construction of additions or substantial improvements to buildings, structures or accessory structures:  the placement of building or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities.
DISTRIBUTION EQUIPMENT.  Poles, towers, wires, cable, conduits, vaults, laterals, pipes, mains, valves for telephone or other communications and electric power, gas, water and sewer lines, the sole purpose of which is to connect the utility service to retail customers.  Distribution equipment does not include transmission equipment as further defined herein
DISTRICT.  A designated area of the Town of Texas for which the regulations governing the use of the land and buildings are uniform.
DOG KENNEL, BREEDING AND/OR BOARDING (Land Use).  More than three (3) dogs that are more than six (6) months old and/or a business where dogs are bred and sold and/or boarded, cared for, and/or trained, generally for a fee.
DOG KENNEL, STRUCTURE.  The pen(s), run(s), and accessory structure(s) associated with land used for the harboring of dogs.
DRAINAGE SYSTEM.  One or more artificial ditches, tile drains or similar devices which collect surface runoff on ground water and convey it to a point of discharge.
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.
DUPLEX. A dwelling divided into two (2) living units or residences, usually having separate entrances.
DWELLING.  A building or portion thereof designed exclusively for residential occupancy, including one family, two family and multiple family dwellings.
ENCROACHMENT.  An encroachment is any fill, structure, building, accessory use, principle use or development in the floodway.
FAMILY.  One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.
FARM.  An area of land devoted to the production of field or truck crops. livestock or livestock products, which constitute the major use of such property.  This includes fur farms in which the animals are housed and fed under artificial conditions.
FARM OPERATOR.  An owner occupant of a parcel of land as defined in §91.01 (6) Wis. Stats..
FEEDLOT.  A feedlot shall be determined to be any of the following facilities, when they are a business and means of livelihood:
            1.         Any tract of land or structure wherein any type of fowl or the byproducts thereof are raised in close quarters for sale at wholesale or retail.
            2.         Any structure, pen or corral wherein cattle, horses, sheep, goats, swine, and other animals domestic and/or exotic are maintained in close quarters for the purpose of fattening, milking or production of other animal products for final sale and/or shipment to market.
           FLOOR AREA.  The gross horizontal areas of the several stories    within the outer lines of the exterior walls of a building or from the     centerline of party walls; provided that the floor area of a dwelling shall  not include space not usable for living quarters, such as attics, utility or  unfinished basement rooms, garages, breezeways and unenclosed porches or terraces.

FUR FARM.  Any property comprising land or building or both, used for the purpose of raising or harboring fur bearing animals including those defined in §29.001(30), Wis. Stats., and also including chinchillas and other fur bearing animals, whether the animals are kept for breeding or slaughtering or pelting purposes.
GARAGE, PRIVATE.  An accessory building or accessory portion of the main building, used or designed or intended to be used for the storage of private motor vehicles.
GARAGE, PUBLIC.  A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor driven vehicles.
GRADING.  The physical disturbance of the ground by the addition, removal, or re-distribution of soil.
HABITABLE STRUCTURE.  Any structure, or portion of a structure, used or intended to be used for permanent or intermittent human occupancy.
HEARING NOTICE.  A publication or posting which meets the requirements of Ch. 985, Wis. Stats.
HISTORIC STRUCTURE.  Any structure that is listed preliminarily determined to meet the requirements for listing, as an individual structure part of a district, or on an inventory of the National Register, determined by the Secretary of the Interior, or on a State or local inventory of Historic Places.
HOME OCCUPATION.  Any occupation for gain or support, when such occupation is incidental to the residential use of the premises and does not involve any external alteration that would effect a substantial change in the residential character of the building; provided further that no article is sold or offered for sale that is not produced by such home occupation, that no stock in trade is kept or sold, that no person other than a member of the resident family is employed on the premises and that no more than 25% of the floor area of any floor of the residence or accessory building is used for the home occupation.  A home occupation includes uses such as babysitting, millinery, dressmaking, canning, laundering and crafts, but does not include the display of any goods nor such occupations as barbering, beauty shops, non-retail cabinet making, real estate brokerage or photographic studios.
HOME PROFESSIONAL BUSINESS.  Any professional occupation for gain or support when such occupation is incidental to the residential use of the premises and does not involve any external alteration that would effect a substantial change in the residential character of the building; provided further that such business is conducted solely by a member or members of the resident family entirely within the residence, that not more than 50% of only one floor of the dwelling shall be devoted to such business and that no more than two persons not members of the resident family are employed in nonprofessional capacities in any such office.  A home professional business includes uses such as attorneys, doctors and dentistry offices, real estate brokerages, photographic studios and service oriented shops such as beauty and barber shops, offices for tax preparation and licensed children’s day care for no more than twelve (12) children.  Before any home professional business may be opened, a complete septic system evaluation shall be conducted and any improvement to or replacement of the system must be completed before the business may commence.
HOTEL.  A building in which board and lodging are provided to the transient public for compensation.
HOUSEBOAT.  A water craft intended for temporary occupancy.
HUMAN HABITATION.  The act of occupying a structure as a dwelling or sleeping place, whether intermittently or as a principal residence.
INTERCHANGE.  A grade separated intersection with one or more turning lanes for travel between intersecting highways.
LAND USE.  Any nonstructural use made of unimproved or improved real estate.  Also see:  "DEVELOPMENT".
LANDING.  An uncovered platform at the end of a flight of stairs or a platform for ingress and egress to a structure or a jump platform.  A landing is a structural appurtenance not more than six (6) feet wide unless further restricted in this Chapter.
LOT.  A parcel of land occupied or designed to be occupied by one  principal structure or use and its accessory structures or uses, including the open spaces required by this chapter, and abutting on a public street or other officially approved means of access.  A lot may be a parcel designated in a plat or described in a conveyance recorded in the Office of the Register of Deeds, or any part of a large parcel when such part complies with the requirements of this chapter as to width and area for the district in which it is located.  No land included in any street, highway or railroad right-of-way shall be included in computing lot area.
LOT, CORNER.  A lot located at the intersection of two streets, any two corners of which have an angle of 120 degrees or less, or is bounded by a curved street, any two chords of which, on the inside of the curve, form an angle of 120 degrees or less.
LOT, WATERFRONT.  Any lot where any developments including stairs, grading, tree-cutting, etc are taking place within 100 feet of the OHWM.
LOT, WIDTH.  For the purpose of this chapter the width of a lot shall be the shortest distance between the side lines at the building setback line.  Such building line may be the setback line or a line designated on a plat or in a conveyance of an unplatted parcel.
MAINTENANCE AND REPAIR.  Includes the replacement of windows, doors, roofing, wiring and siding; upgrading of insulation; internal remodeling and improvements; repair, but not replacement, of an existing foundation.
MANUFACTURED HOME.  A home certified and labeled as a manufactured home under 42 USC Sections 5401 to 5426, which is set upon a foundation constructed at a minimum to the requirements of Wisconsin Administrative Code DILHR 21.18, or a comparable foundation as approved by the local Zoning Administrator or Building Inspector, is installed according to manufacturer’s instructions, and is properly connected to utilities. For purposes of this Code, a “manufactured home” shall be treated the same as a “single-family residence” and, where appropriate, a “two-family residence.”
MOBILE HOME. Is a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. “Mobile home” includes the mobile home structure, its plumbing. heating, air conditioning and electrical systems, and all appliances arid all other equipment carrying a manufacturer’s warranty.
MOBILE HOME PARK.  Any park, court, site, lot, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodations for two or more mobile homes and shall include all buildings used or intended for use as part of the equipment thereof, whether or not a charge is made for the use of the mobile home park and its facilities.  Mobile home park shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.
MOBILE RECREATIONAL VEHICLE.  A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
MOTEL OR TOURIST CABIN.  A building or group of buildings which contain living or sleeping accommodations used primarily for transient occupancy, and have individual entrances from outside the building to serve each such living or sleeping unit.
NONCONFORMING STRUCTURE. Any structure conforming in respect to use but not in respect to frontage, width, height, area, yard, parking, or distance requirements shall he considered a nonconforming structure and not a nonconforming use.
NONCONFORMING USE: A use, building or structure existing at the time of enactment of this Code and which does not conform to the requirements set by the District in which said use, building or structure exists.
NONMETALLIC MINERAL EXTRACTION.  The removal of rock, gravel, decomposed granite, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other process whereby these materials are substantially removed from the site.
NOXIOUS MATTER.  Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
OCCUPANCY.  Pertains to and is the purpose for which a building is used or intended to be used.  A change of occupancy is not intended to include a change of tenants or proprietors.
OPEN SPACE USE.  Those uses having a relatively low flood damage potential and not involving structures.
PARK.  A pleasure ground set apart for recreation of the public, to promote its health and enjoyment.
PARK, AMUSEMENT.  An area publicly or privately owned, containing amusement and recreational facilities and devices, whether operated for profit or not.
PARKING LOT.  A lot where automobiles are parked or stored temporarily, but not including the wrecking of automobiles or other vehicles or storage for the purpose of repair or wrecking.
PARK (MODEL) UNIT.  A structure resembling a mobile home or manufactured home in construction and design, generally having less than 400 square feet of total floor area, and not a travel trailer due to its inability to be towed by conventional cars or trucks.
PASTURE.  Grazing animals on growing vegetation with no supplemental feed at up to five animal units per acre.  Also rotational grazing systems designed periodically to exceed five animal units per acre, which comply with the standards in the County Technical Guide adopted by the Marathon County Land Conservation Committee.
PERSON.  An individual, or group of individuals, corporation, partnership, association, municipality or state agency.
PIER.  Any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft.
POND.  A seasonal or permanent body of water, created by excavation, by dike construction or by a combination of both.  The only ponds within this definition subject to shoreland regulations by this chapter are those which have been excavated within 500 feet of a navigable body of water under §30.19, Wis. Stats., or which are navigable in fact.  Pursuant to §30.19, Wis. Stats., ponds constructed within 500 feet of navigable waters are defined as public waters.
PRINCIPAL BUILDING.  The main structure of a lot which houses the principal use of the premises.
PRIVATE SEWAGE SYSTEM/PRIVATE ON-SITE WASTE TREATMENT SYSTEM (POWTS).  For the purpose of this code a private sewage system shall have the same definition as contained in §145.01(12) Wis. Stats.
PROFESSIONAL OFFICE.  The office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other recognized profession.
PUBLIC UTILITIES.  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.
RECHARGE AREA.  Area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to the well.
RECREATION OR YOUTH CAMP.  An area containing one or more permanent buildings used occasionally or periodically for the accommodation of members of associations or groups for recreational purposes.
RENDERING PLANT.  A plant for the reduction of dead animals or slaughtered animals not suitable for human consumption to by-products such as hide, skin, grease, bones, glue and soap and for the storage of such by-products.
RIDING STABLE.  A building or premises used for the rent or lease of horses or animals for hire.
ROADSIDE STAND.  A structure having a ground area of not more than 300 square feet, readily removable in its entirely, not fully enclosed and to be used solely for the sale of farm products more than ½ of which were produced on the premises or adjacent premises.  There shall not be more than one such roadside stand on any single premise.
SETBACK LINE / BUILDING LINE.  The minimum allowable distance from a given point or line of reference, such as a thoroughfare right-of-way, water line or property line to the nearest vertical wall or other element of a building or structure.
SHOPPING CENTER.  A group of contiguous retail stores, originally planned and developed as a single unit, with immediate adjoining off street parking facilities.
SHOOTING RANGE, PUBLIC.  Any permanent or semi-permanent target shooting range for use by the general public and/or for competitive shoots, whether or not a charge/fee/donation is required to use the facility.
SIGN.  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 material on any building, structure or surface.  Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest shall not be included herein.
SIGN, BILLBOARD, DIRECTIONAL.  Signs which direct potential patrons or visitors to a specific place of business interest or community and which may indicate either goods or services offered or both.
SIGN, FLASHING.  Any illuminated sign on which the artificial light is not maintained

stationary, or constant in intensity and color at all times when such sign is in use.

SLAUGHTERHOUSE.  Any building or premises used for the killing or dressing of fowl, cattle, sheep, swine, goats or horses and the storage, freezing and curing of meat and preparation of either meat products, by-products or both.

STORY.  The vertical distance between the surface of any floor and the floor next above it, or if there be no floor above it, the space between such floor and the ceiling next above it.

STREET.  A public or private thoroughfare which affords a primary means of access to abutting property.  A driveway to a farm building shall not be considered a street for the purpose of determining setback, even though such driveway may have been designated a town road for the purposes of maintenance.

STRUCTURAL ALTERATIONS.  Any changes in the supporting members of a structure such as bearing walls, columns, beams or girders, footing and piles.

STRUCTURE.  Anything constructed or erected, the use of which requires a location in or on the premises, or any other attachment to something having a permanent location on the ground, which includes, but is not limited to, objects such as buildings, factories, sheds and cabins, mobile homes, gas or liquid storage tanks, bridges, culverts, decks, satellite dishes or swimming pools.  Also included are items of personal property that may have been designed as transportable or as a vehicle, but stand in a seasonal or permanent location for storage or intermittent human habitation.  Such incidental structures may include (but are not limited to) truck campers, travel trailers, buses, and motor homes.

STRUCTURE, ACCESSORY.  A structure which is incidental or subordinate to the principal structure on the same parcel and may be desirable but not necessary for the use of the parcel as permitted by this code.

STRUCTURE, NONCONFORMING.  A structure erected prior to the effective date of this chapter or amendment thereto, that conforms to use limitations but does not conform to dimensional or other standards including setbacks, floor area, parking, distance, or floodproofing.

STRUCTURE, PRINCIPAL.  A structure which contains or is directly related to the main use of the property on which it is located, conforms to the purpose section of the zoning district in which it is or is to be located and is a structure listed as a permitted or Conditional Use in the zoning district.  Only one principal structure is permitted on each lot or parcel.

SUBSTANTIAL IMPROVEMENT.  Any repair, reconstruction or improvement of a structure, the value of which equals or exceeds 50% of the present equalized assessed value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.  The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure or site documented as deserving preservation by the State Historical Society or listed on the National Register of Historic places.  Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and replacement of doors, windows and other nonstructural components.

TRANSMISSION EQUIPMENT.  Poles, towers, wires, cables, conduits, vaults, laterals, pipes, main valves for high voltage electrical transmission, natural gas, and other utility products and services not intended for direct access by retail customers, but whose purpose is transmission from point of origin to distribution stations or similar locations.

UNNECESSARY HARDSHIP.  A circumstance where special conditions, which are not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

USE, ACCESSORY.  A use customarily incidental and accessory to the principal use of a lot or parcel, or building or structure on the same lot or parcel as the principal use.

USE, CONDITIONAL. Uses which may be permitted in a district through the granting of a Conditional Use by the Town Board, upon finding and recommendation by the Planning Commission that specified conditions are met.

USE, NONCONFORMING.  A use, building or structure existing at the time of enactment of this Code and which does not conform to the requirements set by the District in which said use, building or structure exists.

USE, PRINCIPAL.  A principal use is the main use of land or building as distinguished from a subordinate or accessory use.

UTILITIES.  Any public or private water supply, waste collection or disposal system including, but not limited to, septic systems, private and public wells and their attendant facilities, public sewage collection systems and treatment facilities.

VARIANCE.  A departure from the dimensional standards of this chapter as applied to a specific building, structure or parcel of land, which the Board of Appeals may permit, contrary to the regulations of this chapter for the district in which such building, structure or parcel of land is located, when the Board finds that a literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district and for which there is not compensating gain to the public health, safety or welfare. (See also 17.91(4)(c))

VISUAL CLEARANCE.  A triangular space which permits an unobstructed view at the intersection of highways or streets with other highways, streets or roads, or at the intersection of highways or streets with railroads.

WAREHOUSE - MINI.  Units rented to store residential personal property, sporting equipment such as snowmobiles & boats and other similar non hazardous materials.

WATERSHED.  The entire region or area contributing runoff or surface water to a particular watercourse or body of water.

WELL.  An excavation opening in the ground made by digging, boring, drilling, driving or other methods, for the purpose of obtaining groundwater regardless of its intended use.

WELL FIELD.  A parcel of land used primarily for the purpose of locating wells to supply a municipal water system.

WETLANDS.  Those areas 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.  Administration and enforcement of zoning provisions for wetlands is under the jurisdiction of Marathon County.

WHARF.  Any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft.

WIND ELECTRICAL GENERATION TOWERS (WEGT), PRIVATE.  Any WEGT to be primarily used to provide electricity to a structure at the site of generation.

WIND ELECTRICAL GENERATION TOWER  (WEGT), COMMERCIAL.  Any WEGT to be primarily used to produce electricity that will ultimately be sold and/or used not at the site of generation.

YARD.  An open space on a lot which, except for vegetation or specified structures, is unoccupied and unobstructed from the ground up.  On a parcel which has a conforming principal building, the street, side and rear yards are presumed to extend from the minimum setback line to the nearest point of the principal structure.

YARD, REAR.  A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point of the principal structure.  This yard shall generally be opposite the street yard but may be the yard opposite the yard used to gain access to the property.

YARD, SIDE.  A yard extending from the street yard to the rear yard of the lot, the width of which shall be the minimum horizontal distance between the side lot line and a line parallel thereto through the nearest point of the principal structure.

YARD, FRONT (STREET).  A yard extending across the full width of the lot between the side lot lines, and is the yard fronting on the street for which the address is assigned.

YARD, CORNER SIDE.  A side yard which adjoins a public street.

ZONE A.  For wellhead protection Zone A equals the five year time of travel (TOT).  The five year TOT is the recharge area inside the boundary from which it is determined or estimated that groundwater will take five years to reach the pumping well.  Where estimates or engineering are not available Zone A may be determined to be a set distance from the municipal well(s)

ZONE B.  For wellhead protection Zone B equals the ten year time of travel (TOT).  The ten year TOT is the recharge area between the five year time of travel and a boundary from which it is determined or estimated that groundwater will take ten years to reach a pumping well.  Where estimates or engineering are not available Zone B may be determined to be a set distance from Zone A boundary.

ZONE C.  The outer edge of the recharge area where any portion of the recharge area is farther from the municipal well(s) than the Zone B boundary.

ZONING PERMIT.  The zoning permit, as used in this chapter, shall be considered a “certificate of compliance” as issued by the Town of Texas.

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