The land use categories employed by this chapter are defined in this article. Land uses that are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 550-148 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.
A.
Conventional residential development. Description: This land use includes, but is not limited to, all residential developments which do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted but is not a required component of this type of development. Up to 10% of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD). (See Subsection F below.) Conventional residential development can be made up of the following dwelling unit types:
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Key to Letters:
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(Note: Not all letters appear on all graphics. See bulk requirements in Article II.)
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B
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Minimum Lot Width
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E
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Front or Street Side Lot Line to House
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F
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Front or Street Side Lot Line to Garage
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G
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Side Lot Line to House or Garage
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I
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Rear Lot Line to House or Garage
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J
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Side Lot Line to Accessory Structure
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K
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Rear Lot Line to Accessory Structure
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M
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Minimum Paved Surface Setback
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N
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Minimum Dwelling Unit Separation
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Q
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Minimum Number of Off-Street Parking Spaces Required on the
Lot
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(1)
Single-family detached. Description: A dwelling designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence that is located on an individual lot or within a group development. The dwelling unit must be a site-built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC) or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of a permanent continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Single-family Detached Dwelling Unit
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(2)
Duplex. Description: These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on the same lot, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Duplex
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(3)
Twin house. Description: These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on individual lots, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Twin House
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(4)
Two-flat house. Description: This dwelling unit type consists of a two-family residence, which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (§§ 101.60 to 101.66, Wis. Stats.), which has individual dwelling units on multiple levels (rather than side by side as for a duplex or twin house). This dwelling unit type also includes any single-family residence that has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. Where permitted, this use is a conditional use and must be approved through the procedures of § 550-142. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Two-Flat House
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(5)
Townhouse. Description: This dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals are required between each dwelling unit. No more than four and no fewer than three townhouse dwelling units may be attached per group. All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Townhouse
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(6)
Multiplex. Description: This dwelling unit type consists of an attached, multifamily residence that has a private, individual exterior entrance. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit. No more than four and no fewer than three multiplex dwelling units may be attached per group. All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Multiplex
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(7)
Apartment. Description: This dwelling unit type consists of an attached, multifamily residence that takes access from a shared entrance or hallway. A minimum building code required fire-rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit. No more than 24 dwelling units, and no fewer than three, may be located in a building. As part of the conditional use requirements for group developments, any development comprised of one or more buildings which contain four or more dwelling units is considered a distinct land use type from apartments with three or four dwelling units in the building. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Apartment
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(8)
Mobile home. Description: This dwelling unit type consists of a transportable, factory-built, fully detached single-family residence, which has not received a federal manufactured housing certificate, and which is located on an individual lot or within a group development. This dwelling unit type may not be split into two or more residences. Within 30 days of occupancy, the owner shall remove the axle and install skirting per the requirements of the Plan Commission. Refer to the illustration below and to Article II for setback requirements labeled in capital letters:
Mobile Home (Land Use)
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C.
Mobile home subdivision residential development. Description: This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in Subsection A(8) of this section. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).
(1)
Regulations.
(a)
The minimum size of the mobile home development shall be five
acres.
(b)
The minimum lot size shall comply with the minimum dimensional
requirements for single-family detached (site-built) lots within the
zoning district.
(c)
The mobile home development shall be located so as to blend
with adjacent residentially zoned areas.
(d)
No direct access from the development shall be made available
to local residential streets developed with conventional one-family
or two-family housing.
(e)
A thirty-foot-wide landscaped buffer which provides continuous
year-round screening to a minimum height of eight feet shall be required
along all property lines abutting residentially zoned property and
may be required around the entire perimeter of the subject property.
(f)
A community room shall be provided within the development, which
must provide an emergency public shelter with capacity designed to
serve the residents of the development at an assumed population of
2.5 residents per dwelling unit.
(g)
Each dwelling unit shall provide two off-street parking spaces.
(h)
Each dwelling unit shall have a garage, either attached or detached,
if 60% of other dwellings within 500 feet have a garage.
(i)
Each dwelling unit shall be placed on a foundation and secured
with a tie-down technique approved by the Building Inspector. Residential
masonry or residential siding materials shall be required for skirting
around the entire perimeter of each unit.
(j)
Each dwelling unit shall have a minimum width of 22 feet, exclusive
of attached garage, carport or open deck, if 60% of the dwellings
within 500 feet have a width of 22 feet.
(k)
Minimum dwelling core dimensions for the zoning district shall
not apply within this type of development; however, each dwelling
unit shall have siding and roofing materials comparable with 60% of
the dwellings within 500 feet of the dwelling in question.
D.
Mobile home park residential development. Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the pads and mobile home units must meet the requirements for mobile homes listed in Subsection A(8) of this section. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).
(1)
Regulations.
(a)
The minimum size of the mobile home park development shall be
five acres.
(b)
The minimum air pad size shall comply with the minimum dimensional
requirements for single-family detached (site-built) lots within the
zoning district.
(c)
The mobile home park development shall be located so as to blend
with adjacent residentially zoned areas.
(d)
No direct access from the development shall be made available
to local residential streets developed with conventional one-family
or two-family housing.
(e)
A thirty-foot-wide landscaped buffer which provides continuous
year-round screening to a minimum height of eight feet shall be required
along all property lines abutting residentially zoned property and
may be required around the entire perimeter of the subject property.
(f)
A community room shall be provided within the development, which
must provide an emergency public shelter with capacity designed to
serve the residents of the development at an assumed population of
2.5 residents per dwelling unit.
(g)
Each dwelling unit shall provide two off-street parking spaces.
(h)
Each dwelling unit shall have a garage, either attached or detached,
if 60% of other dwellings within 500 feet have a garage.
(i)
Each dwelling unit shall be placed on a foundation and secured
with a tie-down technique approved by the Building Inspector. Residential
masonry or residential siding materials shall be required for skirting
around the entire perimeter of each unit.
(j)
Each dwelling unit shall have a minimum width of 22 feet, exclusive
of attached garage, carport or open deck, if 60% of the dwellings
within 500 feet have a width of 22 feet.
(k)
Minimum dwelling core dimensions for the zoning district shall
not apply within this type of development; however, each dwelling
unit shall have siding and roofing materials comparable with 60% of
the dwellings within 500 feet of the dwelling in question.
E.
F.
Note regarding percentage of green space and maximum density yield.
This estimate is provided as a general rule of thumb for the convenience
of the users of this chapter. Such a yield is not to be considered
as ensured by the provisions of this chapter.
G.
Central
business apartments (more than 12 dwelling units). Description: This
dwelling unit type consists of an attached, multifamily residence
that takes access from a shared entrance or hallway. Dwelling units
are allowed on the first floor. A minimum building code required fire-rated
wall assembly division, separating living areas from the lowest level
to the underside of the roof is required between each dwelling unit.
No fewer than 12 dwelling units may be located in a building. Central
business apartments shall only be allowed within the Central Business
Zoning District.
[Added 6-1-2021 by Ord. No. 21-22]
(1)
Regulations.
(a)
Central business apartments shall not be allowed on a historic site or a contributing property located within a historic district regulated under Chapter 325 of the City of Watertown Municipal Code.
[1]
Central business apartments located on a noncontributing property
located within a historic district shall go before the Historic Preservation
and Downtown Design Commission for a certificate of appropriateness.
[2]
Central business apartments may be built on a historic site or a contributing property within a historic district if a certificate of appropriateness was approved by the Historic Preservation and Downtown Design Commission under § 325-7D(3). The resulting new construction shall require a certificate of appropriateness from the Historic Preservation and Downtown Design for a property within an historic district.
(b)
Central business apartments shall also be required to go through the planned unit development process under § 550-152.
(c)
Access limitation of dwelling unit to commercial uses. No dwelling
unit shall open directly into or shall be used in conjunction with
a principal or accessory commercial land use.
A.
Cultivation. Description: Cultivation land uses include all operations
primarily oriented to the on-site, outdoor raising of plants. This
land use includes trees which are raised as a crop to be replaced
with more trees after harvesting, such as in nursery or Christmas
tree operations. The raising of plants for consumption by farm animals
is considered cultivation if said plants are consumed by animals which
are located off site.
(2)
Parking requirements. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 550-107F(1).]
B.
Husbandry. Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 550-15) per acre. Apiaries shall not be considered a husbandry land use.
[Amended 6-1-2021 by Ord. No. 21-25]
(1)
Regulations.
(2)
Parking requirements. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 550-107F(1).]
C.
Intensive agriculture. Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 550-15) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.
(1)
Regulations.
(a)
Shall not be located in, or adjacent to, an existing or platted
residential subdivision.
(b)
Shall be completely surrounded by a bufferyard with a minimum intensity of 1.00. (See § 550-99.)
(c)
All buildings, structures, outdoor storage areas, and outdoor
animal containments (pastures, pens and similar areas) shall be located
a minimum of 300 feet from all residentially zoned property and 100
feet from all other lot lines.
(d)
Shall be located in an area that is planned to remain commercially
viable for agricultural land uses.
(2)
Parking requirements. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 550-107F(1).]
D.
Agricultural service. Description: Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage or disposal of agricultural equipment, products, by-products or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 550-53F).
(1)
Regulations.
(a)
Shall not be located in, or adjacent to, an existing or platted
residential subdivision.
(b)
All buildings, structures, outdoor storage areas, and outdoor
animal containments (pastures, pens and similar areas) shall be located
a minimum of 100 feet from all lot lines.
(c)
If within the RH District, shall be located in an area that
is planned to remain commercially viable for agricultural land uses.
(2)
Parking requirements. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 550-107F(1).]
E.
On-site agricultural retail. Description: On-site agricultural retail
land uses include land uses solely associated with the sale of agricultural
products grown exclusively on the site. The sale of products grown
or otherwise produced off site shall not be permitted within on-site
agricultural retail operations, and such activity constitutes retail
sales as a commercial land use. Packaging and equipment used to store,
display, package or carry products for the convenience of the operation
or its customers (such as egg cartons, baskets, containers and bags)
shall be produced off site.
(1)
Regulations.
(a)
No structure or group of structures shall exceed 500 square
feet in floor area.
(b)
No structure shall exceed 12 feet in height.
(c)
All structures shall meet all required setbacks for nonresidential
land uses.
(d)
Signage shall be limited to one on-site sign that shall not
exceed 30 square feet in area.
(e)
Such land use shall be served by no more than one driveway.
Said driveway shall require a valid driveway permit.
(f)
A minimum of one parking space shall be required for every 200
square feet of product display area.
(g)
The sale of products grown or otherwise produced on nonadjacent
property under the same ownership, or on property under different
ownership, shall be prohibited.
(h)
Said structure and fencing shall be located a minimum of 300
feet from any residentially zoned property.
(2)
Parking requirements. One space per employee on the largest work shift and four spaces for customers. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 550-107F(1).]
F.
Selective cutting. Description: Selective cutting land uses include any operation associated with the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear-cutting (see Subsection G below).
(1)
Regulations: Not applicable.
G.
Clear-cutting. Description: Clear-cutting land uses include the one-time, continuing or cumulative clearing, cutting, harvesting or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear-cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear-cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of § 550-158) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear-cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter but shall require the satisfaction of mitigation requirements at the owner's expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements.
(1)
Regulations.
(a)
Applicant shall demonstrate that clear-cutting will improve
the level of environmental protection on the subject property.
(b)
Areas of the subject property which are clear-cut beyond the limitations established above shall be replanted per the requirements of § 550-92. (Referenced section requires the replanting of trees in other portions of the subject property, thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)
A.
Passive outdoor public recreational. Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use (see Subsection B below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.
(1)
Parking requirements. One space per four expected patrons at maximum
capacity for any use requiring over five spaces.
B.
Active outdoor public recreational. Description: Active outdoor public
recreational land uses include all recreational land uses located
on public property which involve active recreational activities. Such
land uses include play courts (such as tennis courts and basketball
courts), play fields (such as ball diamonds, football fields, and
soccer fields), tot-lots, outdoor swimming pools, swimming beach areas,
fitness courses, public golf courses, and similar land uses.
(1)
Regulations.
(a)
Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 550-99). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(b)
All structures and active recreational areas shall be located
a minimum of 50 feet from any residentially zoned property.
(c)
Facilities that serve a community-wide function shall be located
with primary vehicular access on a collector or arterial street.
(d)
Facilities that serve a regional or community-wide function
shall provide off-street passenger loading area if the majority of
the users will be children.
(2)
Parking requirements. One space per four expected patrons at maximum
capacity for any use requiring over five spaces.
C.
Indoor institutional. Description: Indoor institutional land uses
include all indoor public and not-for-profit recreational facilities
(such as gyms, swimming pools, libraries, museums and community centers),
schools, colleges, churches, nonprofit clubs, nonprofit fraternal
organizations, convention centers, hospitals, jails, prisons and similar
land uses.
(1)
Regulations.
(a)
Shall be located with primary vehicular access on a collector
or arterial street.
(b)
Shall provide off-street passenger loading area if the majority
of the users will be children (as in the case of a school, church,
library or similar land use).
(c)
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
(2)
Parking requirements. Generally, one space per three expected patrons
at maximum capacity. However, see additional specific requirements
below:
(a)
Church: one space per five seats at the maximum capacity.
(b)
Community or recreation center: one space per 250 square feet
of gross floor area, or one space per four patrons to the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
(c)
Funeral home: one space per three patron seats at the maximum
capacity, plus one space per employee on the largest work shift.
(d)
Hospital: two spaces per three patient beds, plus one space
per staff doctor and each other employee on the largest work shift.
(e)
Library or museum: one space per 250 square feet of gross floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
(f)
Elementary and junior high: one space per teacher and per staff
member, plus one space per two classrooms.
(g)
Senior high: one space per teacher and staff member, plus one
space per five non-bused students.
(h)
College or trade school: one space per staff member on the largest
work shift, plus one space per two students of the largest class attendance
period.
D.
Outdoor institutional. Description: Outdoor institutional land uses
include public and private cemeteries, privately held permanently
protected green space areas, country clubs, nonpublic golf courses,
and similar land uses.
(1)
Regulations:
(a)
Shall be located with primary vehicular access on a collector
or arterial street.
(b)
Shall provide off-street passenger loading area if a significant
proportion of the users will be children.
(c)
All structures and actively used outdoor recreational areas
shall be located a minimum of 50 feet from any residentially zoned
property.
(2)
Parking requirements. Generally, one space per three expected patrons
at maximum capacity. However, see additional specific requirements
below:
(a)
Cemetery: one space per employee, plus one space per three patrons
to the maximum capacity of all indoor assembly areas.
(b)
Golf course: 36 spaces per nine holes, plus one space per employee
on the largest work shift, plus 50% of spaces otherwise required for
any accessory uses (e.g., bars, restaurants).
(c)
Swimming pool: one space per 75 square feet of gross water area.
(d)
Tennis court: three spaces per court.
E.
Public service and utilities. Description: Public service and utilities
land uses include all City, county, state and federal facilities (except
those otherwise treated in this section), emergency service facilities
such as fire departments and rescue operations, wastewater treatment
plants, public and/or private utility substations, water towers, utility
and public-service-related distribution facilities, and similar land
uses.
(1)
Regulations.
(a)
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
(b)
All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 550-99). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(c)
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
(d)
The exterior of all buildings shall be compatible with the exteriors
of surrounding buildings.
(2)
Parking requirements. One space per employee on the largest work
shift, plus one space per company vehicle normally stored or parked
on the premises, plus one space per 500 square feet of gross square
feet of office area.
F.
Institutional residential. Description: This land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, dormitories, group homes, monasteries, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of § 62.23, Wis. Stats. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space (see § 550-49F above). The density of institutional residential land uses shall be regulated on a case-by-case basis as determined by the Plan Commission through the site plan review and conditional use process. Factors such as on-site conditions, uses and development intensity and such as off-site conditions, uses and development intensity shall be considered.
(1)
Regulations:
(a)
The proposed site shall be located so as to avoid disruption
of an established or developing office area. Within the Neighborhood
Office (NO) and Planned Office and Institutional (PO) District, institutional
residential developments shall be designed so as to maintain the character
of the adjacent properties.
(b)
Shall be located with primary vehicular access on a collector
or arterial street.
(c)
No access shall be permitted to a local residential street.
(d)
Applicant shall provide off-street passenger loading area at
a minimum of one location within the development.
(e)
All structures shall be located a minimum of 50 feet from any
residentially zoned property which does not contain an institutional
residential land use.
(2)
Parking requirements.
(a)
Monastery or convent: one space per six residents, plus one
space per employee on the largest work shift, plus one space per five
chapel seats if the public may attend.
(b)
Nursing home: one space per six patient beds, plus one space
per employee on the largest work shift, plus one space per staff member
and per visiting doctor.
(c)
Dormitory: one space per three residents or dorm apartment units
(whichever requires the larger amount of parking), not including residents
subject to on-campus ownership prohibitions imposed by the institution.
G.
Community living arrangement (one to eight residents). Description:
Community living arrangement land uses include all facilities provided
for in § 46.03(22), Wis. Stats., including child welfare
agencies, group homes for children, and community-based residential
facilities. Community living arrangements do not include day-care
centers (see separate listing); nursing homes (an institutional residential
land use); general hospitals, special hospitals, prisons or jails
(all indoor institutional land uses). Community living arrangement
facilities are regulated depending upon their capacity as provided
for in § 62.23, Wis. Stats.
(1)
Regulations:
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity,
unless specifically exempted by action of the Plan Commission.
(b)
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the City shall
not exceed 1% of the City's population (unless specifically authorized
by the Common Council following a public hearing).
(2)
Parking requirements: three spaces.
H.
Community living arrangement (nine to 15 residents). Description: See Subsection G above.
(1)
Regulations:
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity, unless
specifically exempted by action of the Plan Commission.
(b)
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the City shall
not exceed 1% of the City's population (unless specifically authorized
by the Common Council following a public hearing).
(2)
Parking requirements. Four spaces.
I.
Community living arrangement (16 or more residents). Description: See Subsection G above.
(1)
Regulations.
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity, unless
specifically exempted by action of the Plan Commission.
(b)
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population
(unless specifically authorized by the Common Council following a
public hearing).
(2)
Parking requirements. One space per every three residents.
A.
Office. Description: Office land uses include all exclusively indoor
land uses whose primary function is the handling of information or
administrative services. Such land uses do not typically provide services
directly to customers on a walk-in or on-appointment basis.
(1)
Parking requirements. One space per 300 square feet of gross floor
area.
B.
Personal or professional service. Description: Personal service and
professional service land uses include all exclusively indoor land
uses whose primary function is the provision of services directly
to an individual on a walk-in or on-appointment basis. Examples of
such uses include professional services, insurance or financial services,
realty offices, medical offices and clinics, veterinary clinics, barbershops,
beauty shops, and related land uses.
(1)
Parking requirements. One space per 300 square feet of gross floor
area.
C.
Indoor sales or service. Description: Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment or nonpersonal or nonprofessional services entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "outdoor display incidental to indoor sales" under accessory uses (§ 550-56F). A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use (see Subsection D below). Artisan studios are regulated in Subsection R.
(1)
Regulations.
(a)
Within the Planned Office and Institutional District, permitted
uses shall be limited to indoor sales and personal services which
primarily support office tenants, such as office supply stores, copy
centers and travel agencies.
(2)
Parking requirements. One space per 300 square feet of gross floor
area.
D.
Outdoor display. Description: Outdoor display land uses include all land uses which conduct sales or display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard. (See § 550-53 below also.) (Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 550-56F as "outdoor display incidental to indoor sales.")
(1)
Regulations.
(a)
The display of items shall not be permitted in permanently protected
green space areas, required landscaped areas, or required bufferyards.
(b)
The display of items shall not be permitted within required
setback areas for the principal structure.
(c)
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 550-107. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
(d)
Display areas shall be separated from any vehicular parking
or circulation area by a minimum of 10 feet. This separation shall
be clearly delimited by a physical separation such as a greenway,
curb, fence or line of planters, or by a clearly marked paved area.
(e)
Signs, screening, enclosures, landscaping or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential traffic/traffic and
traffic/pedestrian conflicts.
(f)
Outdoor display shall be permitted during the entire calendar
year; however, if goods are removed from the display area, all support
fixtures used to display the goods shall be removed within 10 calendar
days of the goods' removal.
(g)
Inoperative vehicles or equipment, or other items typically
stored or displayed in a junkyard or salvage yard, shall not be displayed
for this land use.
(2)
Parking requirements. One space per 300 square feet of gross floor
area.
E.
Indoor maintenance service. Description. Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use (see Subsection Q).
(1)
Parking requirements. One space per 300 square feet of gross floor
area.
F.
Outdoor maintenance service. Description: Outdoor maintenance services
include all land uses which perform maintenance services, including
repair, and have all or any portion of their operations located outside
of an enclosed building.
G.
In-vehicle sales or service. Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services, see Subsection Q). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use (see § 550-56G).
(1)
Regulations.
(a)
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
(b)
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement or exacerbate
the potential for pedestrian/vehicular conflicts.
(c)
In no instance shall a drive-through facility be permitted to
operate which endangers the public safety, even if such land use has
been permitted under the provisions of this section.
(d)
The setback of any overhead canopy or similar structure shall
be a minimum of 10 feet from all street right-of-way lines, a minimum
of 20 feet from all residentially zoned property lines, and shall
be a minimum of five feet from all other property lines. The total
height of any overhead canopy or similar structure shall not exceed
20 feet as measured to highest part of structure.
(e)
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four-ton axle load.
(f)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (§ 550-99).
(g)
Interior curbs shall be used to separate driving areas from
exterior fixtures such as fuel pumps, vacuums, menu boards, canopy
supports and landscaped islands. Said curbs shall be a minimum of
six inches high and be of a nonmountable design. No curb protecting
an exterior fixture shall be located closer than 25 feet to all property
lines.
(2)
Parking requirements. One space per 50 square feet of gross floor
area. Each drive-up lane shall have a minimum stacking length of 100
feet behind the pass-through window and 40 feet beyond the pass-through
window.
H.
Indoor commercial entertainment. Description: Indoor commercial entertainment
land uses include all land uses which provide entertainment services
entirely within an enclosed building. Such activities often have operating
hours which extend significantly later than most other commercial
land uses. Examples of such land uses include restaurants, taverns,
theaters, health or fitness centers, all forms of training studios
(dance, art, martial arts, etc.), small-scale alcoholic beverage production,
bowling alleys, arcades, roller rinks, and pool halls.
[Amended 4-3-2017 by Ord.
No. 17-6]
(1)
Regulations:
(a)
If located on the same side of the building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 150 feet, or as far as possible, of a residentially zoned property.
(2)
Parking requirements. One space per every three patron seats or lockers
(whichever is greater) or one space per three persons at the maximum
capacity of the establishment (whichever is greater).
I.
Outdoor commercial entertainment. Description: Outdoor commercial
entertainment land uses include all land uses which provide entertainment
services partially or wholly outside of an enclosed building. Such
activities often have the potential to be associated with nuisances
related to noise, lighting, dust, trash and late operating hours.
Examples of such land uses include outdoor commercial swimming pools,
driving ranges, miniature golf facilities, small-scale alcoholic beverage
production, amusement parks, drive-in theaters, go-cart tracks, and
racetracks.
[Amended 4-3-2017 by Ord.
No. 17-6]
(1)
Regulations:
(a)
Activity areas shall not be located closer than 75 feet to a
residentially zoned property.
[Amended 6-19-2018 by Ord. No. 18-5; 9-20-2022 by Ord. No. 22-67]
[1]
Within the Central Business (CB) Zoning District, activity areas
shall not be located closer than 50 feet to a residentially zoned
property.
(2)
Parking requirements. One space for every three persons at the maximum
capacity of the establishment.
J.
Commercial animal boarding. Description: Commercial animal boarding
facility land uses include land uses which provide short-term and/or
long-term boarding for animals. Examples of these land uses include
commercial kennels and commercial stables. Exercise yards, fields,
training areas, and trails associated with such land uses are considered
accessory to such land uses and do not require separate consideration.
K.
Commercial indoor lodging. Description: Commercial indoor lodging
facilities include land uses which provide overnight housing in individual
rooms or suites of rooms, each room or suite having a private bathroom.
Such land uses may provide in-room or in-suite kitchens and may also
provide indoor recreational facilities for the exclusive use of their
customers. Restaurants, arcades, fitness centers and other on-site
facilities available to nonlodgers are not considered accessory uses,
and therefore require review as a separate land use.
(1)
Regulations:
(a)
If located on the same side of a building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of a residentially zoned property.
(b)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 550-99).
(c)
Within the PO District, each and every room must take primary
access via an individual interior door and may not be accessed via
an external balcony, porch or deck, except for emergency purposes.
(2)
Parking requirements. One space per bedroom, plus one space for each
employee on the largest work shift.
L.
Bed-and-breakfast establishment. Description: Bed-and-breakfast establishments
are exclusively indoor lodging facilities which provide meals only
to paying lodgers. Such land uses may provide indoor recreational
facilities for the exclusive use of their customers.
(1)
Regulations:
(a)
All such facilities shall be required to obtain a permit to
serve liquor, if applicable. They shall be inspected annually at a
fee as established by a separate ordinance, to verify that the land
use continues to meet all applicable regulations.
(b)
One sign, with a maximum area of 24 square feet, inclusive of
all sign sides, shall be permitted on the property.
(c)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 550-99).
(d)
No premises shall be utilized for a bed-and-breakfast operation
unless there are at least two exits to the outdoors from such premises.
Rooms utilized for sleeping shall have a minimum size of 100 square
feet for two occupants with an additional 30 square feet for each
additional occupant to a maximum of four occupants per room. Each
sleeping room used for the bed-and-breakfast operation shall have
a separate operational smoke detector alarm, as required in the Building
Code. One lavatory and bathing facility shall be required for every
10 occupants, in addition to the owner/operator's personal facilities.
(e)
The dwelling unit in which the bed-and-breakfast takes place
shall be the principal residence of the operator/owner and said operator/owner
shall live on the premises when the bed-and-breakfast operation is
active.
(f)
Only the meal of breakfast shall be served to overnight guests.
(g)
Each operator shall keep a list of names of all persons staying
at the bed-and-breakfast operation. This list shall be kept on file
for a period of one year. Such list shall be available for inspection
by City officials at any time.
(h)
The maximum stay for any occupants of a bed-and-breakfast operation
shall be 14 days.
(i)
It shall be unlawful for any persons to operate a bed-and-breakfast
operation as defined and as permitted in the Municipal Code of the
City of Watertown without first having obtained a conditional use
permit.
(j)
Applicants applying for a conditional use permit to operate
a bed-and-breakfast shall submit a floor plan of the single-family
dwelling unit illustrating that the proposed operation will comply
with the City Zoning Ordinance, other applicable City codes and ordinances,
and within the terms of this chapter.
(k)
In the Plan Commission's determination of the number of bed-and-breakfast
operations required to provide for such public convenience and necessity,
the Plan Commission shall consider the effect upon residential neighborhoods,
conditions of existing bed-and-breakfasts, and the necessity of additional
bed-and-breakfasts operations for public service.
(l)
Public nuisance violations. Bed-and-breakfast operations shall
not be permitted whenever the operation endangers, or offends, or
interferes with the safety or rights of others so as to constitute
a nuisance.
(m)
Suspension, revocation and renewal. Any conditional use permit issued under the provisions of this chapter may be revoked by the Plan Commission (see § 550-142H) for good cause shown after investigation and opportunity to the holder of such permit to be heard in opposition thereto; in such investigation, the compliance or noncompliance with the state law and local ordinances, the conduct of the permittee in regard to the public, and other considerations shall be weighed in determination of such issue.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(2)
Parking requirements. One space per each bedroom.
M.
Group day-care center (nine or more children). Description: Group
day-care centers are land uses in which qualified persons provide
child-care services for nine or more children. Examples of such land
uses include day-care centers and nursery schools. Such land uses
shall not be located within a residential building. Such land uses
may be operated on a for-profit or a not-for-profit basis. Such land
uses may be operated in conjunction with another principal land use
on the same environs, such as a church, school, business or civic
organization. In such instances, group day-care centers are not considered
as accessory uses, and therefore require review as a separate land
use.
N.
Campground. Description: Campgrounds include any facilities designed
for overnight accommodation of persons in tents, travel trailers,
or other mobile or portable shelters or vehicles.
O.
Boardinghouse. Description: Boardinghomes include any residential
use renting rooms which do not contain private bathroom facilities
(with the exception of approved bed-and-breakfast facilities).
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 550-99).
(b)
Shall provide a minimum of one on-site parking space for each
room for rent.
(c)
Shall be located in an area of transition from residential land
uses to nonresidential land uses.
(2)
Parking requirements. One space per room for rent, plus one space
per each employee on the largest work shift.
P.
Sexually oriented business. Description: Sexually oriented business
includes, but shall not be restricted to, adult arcades, adult bookstores,
adult video stores, adult booths, adult theaters and adult cabarets,
as defined in this subsection, to which public patrons or members
are invited or admitted for the purpose of viewing, purchasing or
renting sexually oriented material, including any business or establishment
which has a significant part of its business or its stock-in-trade
devoted to a primary or dominant theme matter depicting, illustrating,
describing or relating to specified sexual activities or specified
anatomical areas, as defined in this subsection.
[Amended by Ord. No. 03-37; Ord. No. 04-1]
(1)
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
ADULT BOOTH
ADULT CABARET
ADULT THEATER
SEXUALLY ORIENTED MATERIAL
(a)
(b)
SIGNIFICANT PART OF THE BUSINESS
(a)
(b)
(c)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(a)
(b)
(c)
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
A place to which public patrons or members, in return for
monetary payment, are permitted access, either in adult booths or
common areas, to view through electronically, electrically or mechanically
controlled still or motion picture machines, projectors or other image-producing
devices which 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 depicting or describing of specified
sexual activities or specified anatomical areas.
An establishment which advertises, sells or rents sexually
oriented material when such activity constitutes a significant part
of the business conducted on the premises. The provisions of this
subsection are not intended to apply if the presumption applied in
this subsection is rebutted by evidence that establishes that at the
establishment:
A separate enclosure, cubicle, room, compartment or stall,
separate from the common areas, managerial offices or restrooms of
the sexually oriented business, offered to public patrons or members
for a fee or for hire as part of the business operated on the premises,
which business offers as part of its business the viewing of specified
sexual activities or specified anatomical areas within the enclosure,
which shall include such enclosures wherein the viewing of specified
sexual activities or specified anatomical areas is dispensed for a
fee, but a fee is not charged for mere access to the enclosure. The
term "managerial offices" means enclosures which are private offices
used by the owners, managers or employees on the premises for attending
to the tasks of their employment and which are not held out for hire
or for a fee to public patrons or members of the establishment and
which are not available to any persons other than owners, managers
or employees.
Any bar, dance hall, restaurant or other place of business
which features dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers, or waiters or
waitresses that engage in specified sexual activities or display specified
anatomical areas, or any such business establishment, the advertising
for, or a sign or signs identifying which, use the words "adult,"
"topless," "nude," "bottomless," or other words of similar import.
An enclosed building, an enclosed space within a building,
or an open-air area used for presenting a motion-picture film, show
or other presentation, either by individuals or groups, having as
its dominant theme or distinguished or characterized by an emphasis
on exposure to view material depicting, describing or relating to
specified sexual activities or specified anatomical areas. An establishment
which has an adult booth or an adult arcade is considered to be an
adult theater.
Any one or more of the following, regardless of whether it
is new or used:
Books, magazines, periodicals or other printed matter, paintings,
drawings or other publications or graphic media, or photographs, films,
motion pictures, video cassettes or video disks, slides or other visual
representations, or sound recordings or other audio matter, which
have as their primary or dominant theme matter depicting, illustrating,
describing or relating to a specified sexual activity or specified
anatomical area; or
Instruments, novelties, devices or paraphernalia which are designed
for use in connection with specified sexual activities.
Dedication or use of the premises on which the sexually oriented
business is located in any one of the following manners:
The gross income from the sale and/or rental of sexually oriented
material comprises more than 25% of the gross income from the sale
and rental of the goods or services at the business entity location;
The individual items of sexually oriented material offered for
sale and/or rental at the business entity location comprise more than
25% of the total individual items publicly displayed as stock-in-trade
in any of the following categories: books, magazines, periodicals
or other printed matter; photographs, films, motion pictures, video
cassettes, video disks, slides or other visual representations; or
sound recordings or other audio materials; or
The dedication or use of more than 25% of the available floor,
wall and display space within the public or common areas at the business
entity location, including adult booths, space for live presentations,
and space devoted to the viewing, display or advertisement of materials
in the categories outlined in (b) above.
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or
arousal.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or excretory
functions.
Fondling or erotic touching of human genitals, pubic region,
anus, buttock(s) or female breast(s).
(2)
Regulations as to location. Sexually oriented businesses, as defined
in this subsection, are to be restricted as to location in the following
manner in addition to any other requirements of this chapter:
(a)
Any of the sexually oriented businesses defined in this subsection
shall not be located within a four-hundred-fifty-foot radius of another
such sexually oriented business.
(b)
Any of the sexually oriented businesses defined in this subsection
shall not be located within a four-hundred-fifty-foot radius of any
area zoned for residential use, zoned Planned Office and Institutional
(PO), or a planned use development containing a minimum of 25% residential
uses on any separate parcel or contiguous parcels.
(c)
Any of the sexually oriented businesses defined in this section
shall not be located within a four-hundred-fifty-foot radius of any
church, other place of religious worship, park, playground, athletic
field, public or parochial school or school dormitory or classroom.
(d)
The distances provided in this subsection shall be measured
by following a straight line, without regard to intervening buildings,
bodies of water or other physical obstacles, from the nearest point
on the property line of the parcel or the land use district boundary
line from which the proposed sexually oriented business land use is
to be separated to the nearest point on the property line of the parcel
on which the proposed sexually oriented business land use is to be
situated.
(3)
Parking requirements. One space per 300 square feet of gross interior
floor area of all buildings on the premises or one space per four
patron seats at the maximum capacity of any building on the premises,
whichever number of parking spaces is greater.
(4)
Exemptions. The provisions of this section do not apply to the following
land uses:
(a)
Theaters, performing arts centers, civic centers, exhibition
halls, restaurants and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic merit are offered to
the general public, with or without paid admission, or movie theaters
and video arcades where video or motion picture presentations of dance,
ballet, music and dramatic performances of serious artistic merit
are offered to the general public, with or without paid admission.
(b)
Organizations, associations or businesses that dispense medical,
health care or consumer education information or display, show or
sell items published or produced by a medical products manufacturer,
a medical or health association, an insurance company, or a consumer
education organization.
Q.
Vehicle repair and maintenance service. Description: Vehicle repair
and maintenance services include all land uses which perform maintenance
services (including repair) to motorized vehicles and contain all
operations (except vehicle storage) entirely within an enclosed building.
R.
Artisan studio or artisan production shop. Description: A building
or portion thereof used for the preparation, display and sale of individually
crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft,
hand-woven articles and related items, as either a principal use or
accessory use. A studio is used by no more than three artists or artisans.
An artisan production shop is an artisan studio used by more than
three artists or artisans.
S.
Convenient cash businesses. Description: Convenient cash businesses
include, but are not restricted to, businesses licensed pursuant to
§ 138.09 or 218.05, Wis. Stats., and pawnshops.
(1)
CONVENIENT CASH BUSINESSES
PAWNSHOP
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Businesses licensed pursuant to § 138.09 or 218.05,
Wis. Stats., which provide nontraditional, short-term consumer loans
in which the consumer receives cash in exchange for giving the lender
a post-dated check, title to a motor vehicle, or electronic access
to the consumer's bank account for the amount of the loan for a period
of time before negotiating the check or for payment to the lender
an agreed-upon finance fee or refinancing or consolidating such transaction.
Such businesses are also known as payday loan businesses, cash advance
businesses, and check-cashing businesses.
A convenient cash business that loans money on deposit of
personal property on condition of selling the same back to the depositor
or loans or advances money on personal property and holds said property
as collateral to be sold to the public in the event of default.
(2)
Regulations as to location. A convenient cash business or pawnshop
shall be located only in compliance with the following criteria:[1]
(a)
A convenient cash business or pawnshop is allowed as a conditional
use in the following zoning districts: General Business, Planned Business,
and Central Business.
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(b)
No convenient cash business or pawnshop shall be located within
300 feet of any residentially zoned property.
(c)
No convenient cash business or pawnshop shall be located within
3,500 feet of another convenient cash business or pawnshop.
[1]
Editor's Note: A map of potential cash advance locations is
on file in the City Clerk's office.
(3)
Standards of measurement. The distances identified in this subsection
shall be measured in a straight line, without regard to intervening
structures or objects, from the closest point of the structure proposed
for occupancy by the convenient cash business or pawnshop to the nearest
point of the parcel of property or zoning district boundary from which
the proposed land use is to be separated.
(5)
Parking requirements. One parking space per 300 square feet of gross
floor area of the business.
A.
Indoor storage or wholesaling. Description: Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 550-56H below.
(1)
Parking requirements. One space per 2,000 square feet of gross floor
area.
B.
Outdoor storage or wholesaling. Description: Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding and shipping of packaged materials for a single business or a single group of businesses. Such a land use in which any activity beyond loading and parking is located outdoors is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumberyards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment or other materials typically associated with a junkyard or salvage yard (see Subsection D below).
(1)
Regulations:
(a)
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls and fencing.
Such walls and fencing shall be a minimum of eight feet in height
and shall be designed to completely screen all stored materials from
view from nonindustrialized areas at an elevation of five feet above
the grade of all adjacent properties and rights-of-way. Said walls
or fencing shall be screened from residentially zoned property by
a bufferyard with a minimum opacity of 0.80.
(b)
The storage of items shall not be permitted in permanently protected green space areas (see § 550-97).
(c)
The storage of items shall not be permitted in required frontage
landscaping or bufferyard areas.
(d)
In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 550-107. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.
(e)
Storage areas shall be separated from any vehicular parking
or circulation area by a minimum of 10 feet. This separation shall
be clearly delimited by a physical separation such as a greenway,
curb, fence or line of planters, or by a clearly marked paved area.
(f)
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
traffic/traffic and traffic/pedestrian conflicts.
(g)
Inoperative vehicles or equipment, or other items typically
stored in a junkyard or salvage yard, shall not be stored under the
provisions of this land use.
(h)
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 550-99).
(i)
All outdoor storage areas shall be located no closer to a residentially
zoned property than the required minimum setback for buildings on
the subject property.
(2)
Parking requirements. One space for every 10,000 square feet of gross
storage area, plus one space per each employee on the largest work
shift.
C.
Personal storage facility. Description: Personal storage facilities
are land uses oriented to the indoor storage of items entirely within
partitioned buildings having an individual access to each partitioned
area. Such storage areas may be available on either a condominium
or rental basis. Also known as "mini warehouses."
(1)
Regulations.
(a)
Facility shall be designed so as to minimize adverse visual
impacts on nearby developments. The color, exterior materials, and
orientation of proposed buildings and structures shall complement
surrounding development.
(2)
Parking requirements. One space for each employee on the largest
work shift.
D.
Junkyard or salvage yard. Description: Junkyard or salvage yard facilities
are any land or structure used for a salvaging operation, including
but not limited to the aboveground outdoor storage and/or sale of
wastepaper, rags, scrap metal, and any other discarded materials intended
for sale or recycling, and/or the collection, dismantlement, storage
or salvage of two or more unlicensed and/or inoperative vehicles.
Recycling facilities involving on-site outdoor storage of salvage
materials are included in this land use.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 550-99).
(b)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines.
(c)
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
(2)
Parking requirements. One space for every 20,000 square feet of gross
storage area, plus one space for each employee on the largest work
shift.
E.
Waste disposal facility. Description: Waste disposal facilities are any areas used for the disposal of solid wastes, including those defined by § 281.01(15), Wis. Stats., but not including composting operations (see Subsection F below).
(1)
Regulations.
(a)
Shall comply with all county, state and federal regulations.
(b)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 550-99).
(c)
All buildings, structures and activity areas shall be located
a minimum of 300 feet from all lot lines.
(d)
Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by § 550-122) in any manner.
(e)
Required site plans shall include detailed site restoration
plans, which shall include, at minimum, detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the City), shall be filed with the City
by the petitioner (subject to approval by the City Attorney and the
Zoning Administrator) and shall be held by the City for the purpose
of ensuring that the site is restored to its previous condition. (The
requirement for said surety is waived for waste disposal facilities
owned by public agencies.)
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(2)
Parking requirements. One space for each employee on the largest
work shift.
F.
Composting operation. Description: Composting operations are any
land uses devoted to the collection, storage, processing and/or disposal
of vegetation.
(1)
Regulations.
(a)
Shall comply with all county, state and federal regulations.
(b)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see § 550-99).
(c)
All buildings, structures and activity areas shall be located
a minimum of 100 feet from all lot lines.
(d)
No vermin-attracting materials shall be processed, stored or
disposed of outside of the principal structure.
[Amended 3-17-2020 by Ord. No. 20-9]
(e)
Operations shall not involve the on-site holding, storage or
disposal of hazardous wastes as defined by state statutes in any manner.
(2)
Parking requirements. One space for each employee on the largest
work shift.
A.
Off-site parking lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative. See also § 550-107 for additional parking regulations.
B.
Airport/heliport. Description: Airports and heliports are transportation
facilities providing takeoff, landing, servicing, storage and other
services to any type of air transportation. The operation of any type
of air vehicle (including ultralight aircraft, hang gliders, parasails
and related equipment, but excepting model aircraft) within the jurisdiction
of this chapter shall occur only in conjunction with an approved airport
or heliport.
(1)
Regulations.
(a)
All buildings, structures, outdoor airplane or helicopter storage
areas, and any other activity areas shall be located a minimum of
100 feet from all lot lines.
(2)
Parking requirements. One space per each employee on the largest
work shift, plus one space per every five passengers, based on average
daily ridership.
C.
Freight terminal. Description: Freight terminals are defined as land
and buildings representing either end of one or more truck carrier
lines which may have some or all of the following facilities: yards,
docks, management offices, storage sheds, buildings and/or outdoor
storage areas, freight stations, and truck maintenance and repair
facilities, principally serving several or many businesses and always
requiring transshipment.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 550-99).
(b)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
(c)
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
(2)
Parking requirements. One space per each employee on the largest
work shift.
D.
Distribution center. Description: Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials, involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 550-56H below.
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 550-99).
(b)
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
(c)
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
(2)
Parking requirements. One space per each employee on the largest
work shift.
A.
Light industrial land use. Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations) are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with all of the performance standards listed for potential nuisances in Article XI. Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of § 550-56H below are complied with.
B.
Heavy industrial land use. Description: Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration and radiation which are detectable at the property line; and do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article XI. Examples of heavy industrial land uses include meat product producers; large-scale alcoholic beverage production; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
[Amended 4-3-2017 by Ord.
No. 17-6]
(1)
Regulations.
(a)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned heavy industrial (see § 550-99).
(b)
All outdoor activity areas shall be located a minimum of 100
feet from residentially zoned property. No materials shall be stacked
or otherwise stored so as to be visible over bufferyard screening
elements.
(2)
Parking requirements. One space per each employee on the largest
work shift.
C.
Communication tower. Description: Communication towers include all
freestanding broadcasting, receiving or relay structures, and similar
principal land uses, and any office, studio or other land uses directly
related to the function of the tower.
D.
Extraction use. Description: Extraction uses include any land uses
involving the removal of soil, clay, sand, gravel, rock, minerals,
peat or other material in excess of that required for approved on-site
development or agricultural activities.
(1)
Regulations.
(a)
Shall receive approval from the county prior to action by the
City of Watertown and shall comply with all county, state and federal
regulations.
(b)
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 550-99).
(c)
All buildings, structures and activity areas shall be located
a minimum of 300 feet from all lot lines.
(d)
Required site plans shall include detailed site restoration
plans, which shall include, at minimum, detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the City), shall be filed with the City
by the petitioner (subject to approval by the City Attorney and the
Zoning Administrator) and shall be held by the City for the purpose
of ensuring that the site is restored to its previous condition. (The
requirement for said surety is waived for publicly owned waste disposal
facilities.)
[Amended 10-4-2016 by Ord. No. 16-18; 12-20-2016 by Ord. No. 16-24]
(2)
Parking requirements. One space per each employee on the largest
work shift.
Accessory uses are land uses which are incidental to the principal
activity conducted on the subject property. Only those accessory uses
listed below shall be permitted within the jurisdiction of this chapter.
With the exception of a commercial apartment (see Subsection A below)
or a farm residence (see Subsection B below), in no instance shall
an accessory use, cellar, basement, tent or recreational trailer be
used as a residence. With the exception of farm buildings, accessory
buildings located within a residential district shall be constructed
or finished in a complementary architectural style and with complementary
materials to the principal residential buildings in the neighborhood.
Accessory uses shall not be located between a principal building and
a street frontage on the same lot, nor within any required front yard
or street side yard, except when there is a shoreyard. In instances
where there is a shoreyard, shoreyards shall be treated as front yards
and street yards as rear yards, whereby accessory structures may be
located between a principal building and a street frontage on the
same lot.
A.
Commercial apartment. Description: Commercial apartments are dwelling units which are generally located above the ground floor of a building used for a commercial land use (as designated in § 550-52 above), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.
(1)
Regulations.
(a)
All commercial apartments shall be located above the first floor.
(b)
The gross floor area devoted to commercial apartments shall
be counted toward the floor area of a nonresidential development.
(c)
A minimum of one off-street parking space shall be provided
for each bedroom within a commercial apartment. Parking spaces provided
by nonresidential land uses on the site may be counted for this requirement
with the approval of the Zoning Administrator.
B.
Farm residence. Description: A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 550-50 above.
C.
Detached residential garage, carport, utility shed, play structure, or lawn ornament. Description: A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment of the subject property. Walks, drives, paved terraces and purely decorative garden accessories such as ponds, fountains, statuary, sundials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line. For the purposes of this section, children's play structures, including playhouses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section whether such play structures are placed on a foundation or not. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance. It may be located on the same lot as a residential unit or units or on a separate lot in conjunction with a residential land use. See § 550-85 for requirements applicable to legal nonconforming garages. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area, or which exceed 30% coverage of the rear yard area, or which exceed the lot coverage of the principal structure, are not permitted in residential districts except as conditional uses in the RH and ER-1 Districts. (Also, see the first paragraph of this section.)
D.
Company cafeteria. Description: A company cafeteria is a food service
operation which provides food only to company employees and their
guests, which meets state food service requirements and is located
on the same property as a principal land use engaged in an operation
other than food service.
E.
Company-provided on-site recreation. Description: A company-provided
on-site recreational facility is any active or passive recreational
facility located on the same site as a principal land use and reserved
solely for the use of company employees and their guests.
(1)
Regulations.
(a)
All structures and actively used outdoor areas shall be located
a minimum of 50 feet from any residentially zoned property.
(b)
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 550-99). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
(c)
Facilities using night lighting shall require a conditional
use permit.
H.
Indoor sales incidental to storage or light industrial land use.
Description: These land uses include any retail sales activity conducted
exclusively indoors which is incidental to a principal land use such
as warehousing, wholesaling or any light industrial land use on the
same site.
(1)
Regulations.
(a)
Adequate parking, per the requirements of § 550-107, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.
(b)
The total area devoted to sales activity shall not exceed 25%
of the total area of the buildings on the property.
(c)
Shall provide restroom facilities directly accessible from retail
sales area.
(d)
Retail sales area shall by physically separated by a wall from
other activity areas.
I.
Light industrial activities incidental to indoor sales or service
land use. Description: These land uses include any light industrial
activity conducted exclusively indoors which is incidental to a principal
land use such as indoor sales or service on the same site.
(1)
Regulations.
(a)
The total area devoted to light industrial activity shall not
exceed 15% of the total area of the buildings on the property or 5,000
square feet, whichever is less. Areas devoted to artisan studio uses,
such as custom ceramics, glass, wood, paper, fabric and similar crafts,
may exceed 5,000 square feet with the granting of a conditional use
permit for such use.
J.
Home occupation. Description: It is the intent of this subsection
to provide a means to accommodate a small home-based family or professional
business without the necessity of a rezoning from a residential to
a commercial district. Approval of an expansion of a home occupation
at a future time beyond the limitations of this subsection is not
to be anticipated; relocation of the business to an area that is appropriately
zoned may be necessary. Home occupations are economic activities performed
within any single-family detached residence which comply with the
following requirements. Examples include personal and professional
services and handicrafts which comply with all of the following requirements:
(1)
Regulations.
(a)
The home occupation shall be conducted only within the enclosed
area of the dwelling unit and not within a garage.
(b)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(c)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises.
(d)
No home occupation use shall create smoke, odor, glare, noise,
dust, vibration, fire hazard, small electrical interference or any
other nuisance not normally associated with the average residential
use in the district.
(e)
Only one sign may be used to indicate the type of occupation
or business. Such sign shall not be illuminated and shall not exceed
two square feet.
(f)
The use shall not involve the use of commercial vehicles for
more than occasional delivery of materials to or from the premises.
(g)
A permitted home occupation is restricted to a service-oriented
business prohibiting the mass production of items or products or the
sale of items or products on the premises. Examples of service-oriented
businesses are, but are not limited to, computer programming, accounting,
insurance agency and computer-based consulting and clerical services.
(h)
A permitted home occupation shall not occupy more than 30% of
the floor area of the dwelling.
(i)
Persons employed by a permitted home occupation shall be limited
to the resident family members only.
(j)
Under no circumstances shall a vehicle repair or bodywork or
auto-detailing business qualify as a home occupation.
K.
Family day-care home (four to eight children). Description: Family
day-care homes are occupied residences in which a qualified person
or persons provide child care for four to eight children. The care
of fewer than four children is not subject to the regulations of this
chapter.
L.
Intermediate day-care home (nine to 15 children). Description: Intermediate
day-care homes are occupied residences in which a qualified person
or persons provide child care for nine to 15 children.
M.
Migrant labor camp. Migrant labor camps include any facility subject
to the regulation of § 103.90, Wis. Stats.
(1)
Regulations.
(a)
Shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see § 550-99).
(b)
Migrant labor camp shall be an accessory use to an active principal
use under the same ownership which is located within the City.
N.
On-site parking lot. Description: On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to § 550-107.
O.
Private residential recreational facility. Description: This land use includes all active outdoor recreational facilities located on a private residential lot which are not otherwise listed in Appendix B. Materials and lighting shall limit light levels at said property line to be equal to or less than 0.5 footcandle (see § 550-110). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures (see Article VIII). Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools, and recreation-type equipment.
Q.
Private residential stable. Description. A private residential stable
is a structure facilitating the keeping of horses (or similar animals)
on the same site as a residential dwelling.
(1)
Regulations.
(a)
A minimum lot area of 218,000 square feet (five acres) is required
for a private residential stable.
(b)
A maximum of one horse per five acres of fully enclosed (by
fencing and/or structures) area is permitted.
(c)
Outdoor containments for animals shall be located a minimum
of 25 feet from any residentially zoned property.
(d)
The minimum permitted size of horse or similar animal stall
shall be 100 square feet.
R.
Drainage structure. Description: These include all improvements,
including but not limited to swales, ditches, culverts, drains, tiles,
gutters, levees, basins, detention or retention facilities, impoundments
and dams, intended to affect the direction, rate and/or volume of
stormwater runoff, snowmelt and/or channelized flows across, within
and/or away from a site.
(1)
Regulations.
(a)
Shall comply with § 550-58 for the placement of drainage structures in permanently protected green space areas.
(c)
Any drainage improvement shall not increase the rate or volume
of discharge from the subject property onto any adjacent properties,
except where regional stormwater management facilities such as storm
sewers and retention or detention facilities are in place to serve
the subject property.
S.
Filling. Description: Filling includes any activity in an area over
4,000 square feet, or greater than 500 cubic yards of fill, involving
the modification of the earth's surface above that in its undisturbed
state.
(1)
Regulations.
T.
Lawn care. Description: Lawn care includes any activity involving the preparation of the ground for installation and maintenance of vegetative ground cover (including gardens) which complies with the City of Watertown's Code. Lawn care is not permitted in certain permanently protected green space areas; see § 550-58E.
V.
Exterior communication devices. Description: This land use includes
any antennas used for communication reception use, including any towers
and antennas used for communication reception by an amateur radio
operator licensed by the Federal Communications Commission (e.g.,
satellite dishes, ham radio towers, television antennas).
[Added by Ord. No. 10-10]
(1)
Regulations pertaining to all antennas.
(a)
Except for television antennas and satellite dishes 18 inches
or smaller, exterior communication devices shall not be visible from
a public street.
(b)
Devices must be sited an equal or greater number of feet from
any property lines as their maximum height and may not be located
in a required street yard.
(c)
The applicant must demonstrate that all reasonable mechanisms
have been used to mitigate safety hazards and the visual inputs of
the device.
(2)
Regulations pertaining to ham/short-wave antennas and towers.
(a)
The regulations under this Subsection V(2) only apply to towers and antennas used for communication reception by an amateur radio operator licensed by the Federal Communications Commission.
(b)
Installations may not be located in a front or street side yard.
(c)
Installations of 45 feet or less must meet the setback requirements
for an accessory structure.
(d)
Installations with heights between 45 feet and 75 feet must
meet the setback requirements for a principal structure and will require
a prior written notice to the abutting property owners.
(e)
Installations of 75 feet or higher must have a setback of at
least 1/3 of the total height of the structure.
(f)
Installations of 75 feet or higher or those that do not meet
all of the requirements for installations less than 75 feet will require
a conditional use permit.
(g)
With the exception of the regulations listed above, all installations of ham/short-wave antennas and towers must comply with the performance standards found in § 550-124E of this chapter, except for the provisions of § 550-124E(3) and (4).
(h)
All installations will require the proper building permits.
X.
Keeping and raising of chickens. Description. The keeping and raising
of chickens in the City of Watertown.
[Added 10-20-2015 by Ord.
No. 15-33]
(1)
Regulations.
(a)
Chickens shall be permitted on lots where the principal structure
is a detached single-family residence. If the residence is not owner-occupied,
the tenant shall supply the owner's written consent to the keeping
of chickens on the property to the City.
(b)
A maximum of four chickens may be kept per residential lot.
(c)
Keeping of one or more roosters is prohibited.
(d)
The sale of chickens, chicken meat, eggs or other chicken by-products
is prohibited.
(e)
Chicken coop and run required.
[1]
Chickens shall be provided with a chicken coop (i.e., a covered
roosting area) and an adjacent chicken run (i.e., enclosed area in
which chickens are allowed to walk and run about).
[2]
Chickens shall be kept in the coop or chicken run at all times.
[3]
The coop shall be a stand-alone structure located in the rear
yard at least 25 feet from all property lines and at least 10 feet
from the principal structure as depicted in the illustration to follow.
[4]
The coop shall not exceed 32 square feet in area nor 10 feet
in height.
[5]
The chicken run shall be located adjacent to the coop and shall
be at least 25 feet from all property lines and at least 10 feet from
the principal structure as depicted in the illustration to follow.
[6]
The chicken run shall not exceed 64 square feet in area and
the fence surrounding it shall between 48 and 96 inches in height.
[7]
Chickens shall not be permitted in any other structure on the
lot, including garages, basements and attics.
(f)
License.
[1]
No owner or occupant shall keep chickens without the prior issuance
of a "raising of chicken" permit and a residential building permit
for the chicken coop and run by the City of Watertown Building, Safety
and Zoning Department.
[2]
Prior to issuance of a license by the City, the applicant shall
provide the City with proof of notification to all abutting property
owners of the presence of chickens.
[a]
In the instance of an owner-occupied two-family
duplex, the tenant must provide the City with the owner's written
consent to the presence of chickens along with proof of notification
to all abutting property owners.
[3]
Prior to issuance of a license by the City, the applicant shall
provide proof of livestock premises registration with the Wisconsin
Department of Agriculture, Trade and Consumer Protection.
[4]
The City may revoke the license if two or more substantiated
violations of the City of Watertown Code are received by the City
within a twelve-month period.
(g)
Chickens are defined as females of the subspecies Gallus gallus
domesticus.
|
Y.
Short-term rentals.
[Added 9-18-2018 by Ord.
No. 18-10]
(1)
"Short-term rental" means residential dwelling that is offered for
rent for a fee to tourists or transients for fewer than 29 consecutive
days. Short-term rentals do not include bed-and-breakfast establishments.
(2)
Purpose. The following short-term rental land use establishes zoning
and licensing regulations created to ensure applicable state and City
laws are followed, to protect persons engaged in this practice as
landlord or tenant; to protect against adverse impacts of noise, odor,
disturbance, adverse visual impacts, or other nuisances that this
practice could have upon neighboring properties; to preserve property
values for the benefit of the City; and also to control impacts of
such operations on municipal services.
(3)
Regulations.
(a)
Any person who maintains, manages, or operates a short-term
rental must:
[1]
Obtain from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its agent, the City of Watertown Health Department, under § 319-21, a license as a tourist rooming house.
[a]
Under a tourist rooming house license, an operator
may rent as many as four units, including, but not limited to, rooms,
cottages or cabins. A hotel license is needed if five or more units
are being rented.
(c)
All refuse containers shall be screened from view.
(d)
Sleeping quarters related to a short-term rental establishment
use shall only be located within the principal structure on the parcel.
Accessory buildings, accessory dwelling units, recreational vehicles
or recreational trailers cannot be used for sleeping quarters.
[1]
Recreational vehicles or recreational trailers must be parked
off street and parked on the parcel's paved driveway.
(e)
Occupancy limits shall not exceed the number of occupants allowed
under Ch. ATCP 72, Wis. Adm. Code.
(f)
Food or liquor shall not be prepared and/or provided by any
person who maintains, manages or operates a short-term rental.
(g)
The person who maintains, manages or operates a short-term rental
may not reside at the short-term rental during occupancy by a tourist
or transient.
Z.
Tourist rooming house.
[Added 9-18-2018 by Ord.
No. 18-10]
(1)
"Tourist rooming house" means any lodging place or tourist cabin
or cottage where sleeping accommodations are offered for pay to tourists
or transients. Tourist rooming houses do not include boardinghouses,
hotels (commercial indoor lodging) or bed-and-breakfast establishments.
(2)
Regulations.
(a)
Any person who maintains, manages, or operates a tourist rooming
house must:
[1]
Obtain from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its agent, the City of Watertown Health Department, under § 319-21, a license as a tourist rooming house.
[a]
Under a tourist rooming house license, an operator
may rent as many as four units, including, but not limited to, rooms,
cottages or cabins. A hotel license is needed if five or more units
are being rented.
(c)
All refuse containers shall be screened from view.
(d)
All tourist rooming houses shall be located above the first
floor.
(e)
Occupancy limits shall not exceed the number of occupants allowed
under Ch. ATCP 72, Wis. Adm. Code.
(f)
Food or liquor shall not be prepared and/or provided by any
person who maintains, manages or operates a tourist rooming house.
AA.
Accessory dwelling unit: a dwelling unit that is located on the same lot as a principal residential structure to which it is accessory, and that is subordinate in area to the principal dwelling, not including an in-family suite under § 550-79B. Internal, attached, and detached accessory dwelling units shall be allowed accessory to a principal residential structure, subject to the following:
[Added 9-18-2018 by Ord.
No. 18-10]
(1)
No more than one accessory dwelling unit shall be allowed on
a parcel.
(2)
Rooftop decks shall not be allowed.
(3)
The minimum gross floor area of accessory dwelling units shall
be 300 square feet.
(4)
Under no circumstance shall an accessory dwelling unit's square
footage exceed the first habitable floor of the principal structure.
(5)
An owner of the property must occupy at least one dwelling unit
on the parcel as their primary place of residence.
(7)
Accessory dwelling units that are internal to a principal residential
structure shall also comply with the following requirements:
(a)
Internal accessory dwelling units are limited to 800 square
feet. In no case shall the floor area of the internal accessory dwelling
unit exceed the floor area of the first floor of the primary structure.
(b)
The entire internal accessory dwelling unit shall be located
on one level.
(c)
The creation of the accessory dwelling unit shall not result
in additional entrances facing the public street on the principal
structure.
(8)
Accessory dwelling units that are attached to a principal residential
structure shall also comply with the following requirements:
(a)
The maximum floor area for an attached accessory dwelling unit
shall be 800 square feet.
(b)
The creation of the accessory dwelling unit shall not result
in additional entrances facing the public street on the primary structure.
(c)
Any stairways leading to an upper story of an accessory dwelling
unit shall be enclosed.
(d)
The primary exterior materials of an attached accessory dwelling
unit shall match the primary exterior materials of the principal structure.
(9)
Detached accessory dwelling units shall also comply with the
following requirements:
(a)
A detached accessory dwelling unit shall not exceed the height
of the principal residential structure. In no case shall the highest
point of the roof of the detached accessory dwelling unit exceed the
highest point of the roof of the principal residential structure.
(b)
The floor area of a detached accessory dwelling unit shall not
exceed 1,000 square feet, including any areas designed or intended
to be used for the parking of vehicles and any half-story floor area.
[1]
Upper story detached accessory dwelling units may be built above
an accessory structure, including, but not limited to, a detached
garage, so long as the accessory structure's footprint does not exceed
1,000 square feet.
(c)
A detached accessory dwelling shall comply with the required
setbacks and maximum building coverage for an accessory structure
within that zoning district.
(d)
The distance between the detached accessory dwelling unit and
the principal structure shall be a minimum of 12 feet.
(e)
Not less than 10% of the total area of the facade of a detached
accessory dwelling unit facing an alley or public street shall be
windows.
(f)
Exterior stairways shall be allowed, provided that the finish
of the railing matches the finish or trim of the detached accessory
dwelling unit. Raw or unfinished lumber shall not be permitted on
an exterior stairway.
(g)
A detached accessory dwelling unit shall be located entirely
to the rear of the principal residential structure.
BB.
Outdoor commercial entertainment incidental to indoor commercial
entertainment. Description: This land use includes any outdoor commercial
entertainment activity conducted incidental to the principal land
use of indoor commercial entertainment on the same site.
[Added 9-1-2020 by Ord.
No. 20-19]
(1)
Regulations:
(b)
The total area devoted to outdoor commercial entertainment shall
not exceed 25% of the total area of the principle structure on the
property or 1,000 square feet, whichever is less.
(c)
The outdoor commercial entertainment activity shall only operate
between the hours of 7:00 a.m. and 10:00 p.m. on any day and only
when the indoor commercial entertainment activity is open.
CC.
Nonresidential
accessory structure. Structures primarily used to shelter business
vehicles or to store maintenance equipment of the subject property.
Regulations:
[Added 6-7-2022 by Ord. No. 22-55]
(1)
Three
total nonresidential accessory structures shall be permitted by right.
(2)
Nonresidential
accessory structures greater than 1,250 square feet of gross floor
area shall require a conditional use permit.
(3)
Shall
not exceed the maximum building height of the zoning district.
(4)
Setback
shall not be less than the minimum accessory structure setback of
the zoning district. Nonresidential accessory structures in the Central
Business Zoning District may have a minimum setback of zero feet.
A.
General temporary outdoor sales. Description: Includes the display
of any items outside the confines of a building which is not otherwise
permitted as a permitted or conditional use or a special event otherwise
regulated by the City Code. Examples of this land use include but
are not limited to: seasonal garden shops, tent sales, bratwurst stands
and garage sales; however, up to two garage sales are exempt from
the provisions of this subsection.
(1)
Temporary use regulations.
(a)
Display shall be limited to a maximum of 12 days in any calendar
year.
(b)
Display shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(d)
Adequate parking shall be provided.
(e)
If subject property is located adjacent to a residential area,
sales and display activities shall be limited to daylight hours.
B.
Outdoor assembly. Description: Includes any organized outdoor assembly of more than 100 persons. (See Chapter 428 of the City of Watertown Municipal Code.)
[Amended 11-19-2019 by Ord. No. 19-27]
C.
Contractor's project office. Description: Includes any structure
containing an on-site construction management office for an active
construction project.
D.
Contractor's on-site equipment storage facility. Description: Includes
any structure or outdoor storage area designed for the on-site storage
of construction equipment and/or materials for an active construction
project.
(1)
Temporary use regulations.
E.
Relocatable building. Description: Includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered conditional uses and subject to the general standards and procedures presented in § 550-142.)
F.
On-site real estate sales office. Description: Includes any building
which serves as an on-site sales office for a development project.
(1)
Temporary use regulations.
G.
Seasonal outdoor sales of farm products. Description: Includes any
outdoor display of farm products not otherwise regulated by the City
of Watertown Code.
(1)
Temporary use regulations.
In all developments, certain areas may be required to be set aside as permanently protected green space for the purpose of natural resource protection to meet a minimum landscape surface ratio (LSR) requirement. Where such permanently protected green space is required, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district (see Article IV, Detailed Land Use Descriptions and Regulations), the following regulations shall also be employed to establish land use regulations. All land uses listed in Article IV but not listed in this section are prohibited in permanently protected green spaces. For all land uses, disruption to natural resource areas shall comply with the requirements of Chapter 545, Subdivision of Land, pertaining to drainage, grading and erosion control. All land uses located within permanently protected green space areas shall comply with the following.
A.
Cultivation.
B.
Passive outdoor public recreational area.
(1)
Permitted by right (all permanently protected green space areas):
(a)
Limited to a twenty-foot-wide area in permanently protected
natural resource areas. Permitted in other permanently protected green
space areas without restriction.
(b)
Nonnative vegetation shall not be permitted to spread into permanently
protected natural resource areas beyond said twenty-foot-wide area.
C.
Active outdoor public recreational area.
E.
Lawn care.
(1)
Permitted by right (permanently protected green space areas outside
the Natural Resource Protection Overlay Zoning District):
(a)
Nonnative ground cover shall not be permitted to spread into
permanently protected natural resource areas. Clearance of understory
growth shall be permitted.
(2)
Permitted as a conditional use (all permanently protected green space
areas, except wetlands):
(a)
Only disturbance associated with the care of native vegetation
is permitted, with the exception of a twenty-foot-wide access path,
which may be cleared for passive recreation purposes.
(b)
Each property abutting a natural resource area shall be limited
to one such access path.
(c)
Nonnative vegetation (such as domestic lawn grasses) shall not
be introduced into natural resource areas beyond said twenty-foot-wide
access path.
F.
Golf course.
(1)
Permitted by right (permanently protected green space areas outside
the Natural Resource Protection Overlay Zoning District, except wetlands):
(a)
Nonnative vegetation shall not be permitted to spread into permanently
protected natural resource areas.
(2)
Permitted as a conditional use (all permanently protected green space
areas):
(a)
Only disturbance associated with the care of native vegetation
is permitted. Green space areas located within or adjacent to golf
play areas shall be incorporated into the course design as out-of-bounds
play hazards and shall be maintained in their natural state.
G.
Any permitted temporary use.
(1)
Permitted by right (permanently protected green space areas outside
the Natural Resource Protection Overlay Zoning District):
(a)
Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state or shall be considered in violation of the provisions of this chapter (§ 550-148).
I.
Filling.
(1)
Permitted as a conditional use (all permanently protected green space
areas):
(a)
Filling in the floodway shall be done only as required by a
necessary road, bridge, utility or other infrastructure facility which
has been deemed necessary by the Department of Public Works.
(b)
Natural vegetation shall be restored in disturbed areas.
(c)
In no instance shall filling raise the base flood elevation.
K.
Road and/or bridge.
(1)
Permitted as a conditional use (all permanently protected green space
areas):
(a)
May locate in or across a natural resource areas only in conjunction
with a boat landing or when deemed essential by the Department of
Public Works.
(b)
May locate in other permanently protected green space areas
if designed to provide an essential service to an activity area located
within the green space area which cannot be efficiently reached from
another point.
(c)
Road networks shall be designed to circumvent permanently protected
green space areas, thereby eliminating the need for intrusions and
crossings.
L.
Utility lines and related facilities.
(1)
Permitted as a conditional use (all permanently protected green space
areas):
(a)
May locate in or across a natural resource areas only when deemed
essential by the Department of Public Works.
(b)
May locate in other permanently protected green space areas
if designed to provide an essential service to an activity area located
within the green space area which cannot be efficiently reached from
another point.
(c)
In general, utility lines shall be designed to circumvent permanently
protected green space areas, thereby eliminating the need for intrusions
and crossings.
