The purpose of this Division is to establish which uses are
either permitted or not permitted to locate in each zoning district.
A further distinction is made for uses which may locate in a given
zoning district only after obtaining a Special Use Permit (see Division
15-9.0103 of this Ordinance). All uses and structures must comply
with the applicable provisions of this Ordinance.
Table 15-3.0602 sets forth those uses which are permitted uses
and special uses in the residential R-1, R-2, R-3, R-3E, R-4, R-5,
R-6, R-7, R-8, and VR Districts. In addition, Table 15-3.0602 lists
those residential uses which are permitted uses or special uses in
the A-1 and A-2 Districts.
Table 15-3.0603 sets forth those uses which are permitted uses
and special uses in the B-1, B-2, B-3, B-4, B-5, B-6, CC, VB, I-1,
P-1, M-1, M-2, BP, A-1, A-2, M-3, and L-1 Districts. In interpreting
the various use designations, reference should be made to the Standard
Industrial Classification Manual (1987, or latest edition) published
by Executive Office of the President, Office of Management and Budget.
The Standard Industrial Classification (SIC) code numbers are given
for each use type listed in Table 15-3.0603.
This Section sets forth those uses which are permitted uses and special uses in the FW Floodway District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part
4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. Permitted Uses in the FW Floodway District.
5. Any of the following uses are permitted provided
that they are permitted uses in the zoning district immediately adjacent
to the floodway, and further provided that such use shall not involve
the erecting or placing of a structure.
d. Open recreational uses, such as parks, sport fields,
beaches, bathing, hunting, fishing, rinks, golf courses, and driving
ranges.
i. Utility poles, towers, and underground conduit for
transmitting electricity, telephone, cable television, natural gas,
and similar products and services.
j. Viticulture (grape growing).
B. Special Uses in the FW Floodway District.
1. Open space and related uses from the following list
provided that the applicant shows that such use or improvement will
not impede drainage, will not cause ponding, will not obstruct the
floodway, will not increase flood flow velocities, will not increase
the flood stage, and will not retard the movement of floodwaters.
When permitted, all structures shall be floodproofed and constructed
so as not to catch or collect debris nor be damaged by floodwaters.
Certification of floodproofing shall be made to the Building Inspector
and shall consist of a plan or document certified by a registered
professional engineer that the floodproofing measures are consistent
with the flood velocities, forces, depths, and other factors associated
with the one-hundred-year recurrence interval flood.
b. Public water measuring and control facilities.
e. Parking lots and loading areas accessory to permitted
uses in adjacent districts, not including new or used vehicle sales
or storage areas. Parking lots and loading areas shall not be permitted
if inundation depths exceed two feet or in areas where flood velocities
greater than two feet per second occur during a one-hundred-year recurrence
interval flood event.
f. Filling as authorized by the Wisconsin Department
of Natural Resources to permit the establishment of approved bulkhead
lines.
g. Other open space uses consistent with the purpose
and intent of the district and compatible with uses in adjacent districts,
not including structures.
2. Municipal water supply and sanitary sewerage systems
provided that the system is floodproofed to an elevation of at least
two feet above the elevation of the one-hundred-year recurrence interval
flood, and is designed to eliminate or minimize infiltration of floodwaters
into the system. Certification of floodproofing shall be made to the
Building Inspector and shall consist of a plan or document certified
by a registered professional engineer that the floodproofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one-hundred-year recurrence interval flood
level for the particular stream reach.
This Section sets forth those uses which are permitted uses and special uses in the FC Floodplain Conservancy District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part
4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. Permitted Uses in the FC Floodplain Conservancy
District.
5. Any of the following uses are permitted provided
that they are permitted uses in the district immediately adjacent
to the FC Floodplain Conservancy District, and further provided that
such use shall not involve the erecting or placing of a structure.
d. Open recreational uses, such as parks, sport fields,
beaches, bathing, hunting, fishing, rinks, golf courses, and driving
ranges.
h. Utility poles, towers, and underground conduit for
transmitting electricity, telephone, cable television, natural gas,
and similar products and services.
i. Viticulture (grape growing).
B. Special Uses in the FC Floodplain Conservancy District.
1. Open space and related uses from the following list
provided that the applicant shows that such use or improvement will
not impede drainage, will not cause ponding, and will not retard the
movement of floodwaters. When permitted, all structures shall be floodproofed
and constructed so as not to catch or collect debris nor be damaged
by floodwaters. Certification of floodproofing shall be made to the
Building Inspector and shall consist of a plan or document certified
by a registered professional engineer that the floodproofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one-hundred-year recurrence interval flood.
b. Public water measuring and control facilities.
e. Parking lots and loading areas accessory to permitted
uses in adjacent districts, not including new or used vehicle sales
or storage areas. Parking lots and loading areas shall not be permitted
if inundation depths exceed two feet or in areas where flood velocities
greater than two feet per second occur during a one-hundred-year recurrence
interval flood event.
f. Filling as authorized by the Wisconsin Department
of Natural Resources to permit the establishment of approved bulkhead
lines.
g. Other open space uses consistent with the purpose
and intent of the district and compatible with uses in adjacent districts.
2. Accessory structures that are associated with an
open space use, or which are functionally dependent on a waterfront
location, provided that all structures, when permitted, are not designed
for human occupany; have a low flood damage potential; are firmly
anchored to resist flotation, collapse, and lateral movement; any
mechanical or utilty equipment is elevated or floodproofed to or above
the regional flood elevation; are constructed to not obstruct the
flow of flood waters or cause any increase in flood levels during
a one-hundred-year recurrence interval flood event; and are limited
to parking and/or limited storage.
3. Municipal water supply and sanitary sewerage systems
provided that the system is floodproofed to an elevation of at least
two feet above the elevation of the one-hundred-year recurrence interval
flood, and is designed to eliminate or minimize infiltration of floodwaters
into the system. Certification of floodproofing shall be made to the
Building Inspector and shall consist of a plan or document certified
by a registered professional engineer that the floodproofing measures
are consistent with the flood velocities, forces, depths, and other
factors associated with the one-hundred-year recurrence interval flood
level for the particular stream reach.
This Section sets forth those uses which are permitted uses and special uses in the FFO Floodplain Fringe Overlay District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part
4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. Permitted Uses in the FFO Floodplain Fringe Overlay
District. Any use of land, except development involving structures,
that is permitted in the underlying basic use district. Examples of
such use would be normal earth-grading activities to permit utilization
of the lands for open space, outdoor recreation, yard, parking, and
similar uses are permited so long as the water carrying and storage
capacity of the floodplain is not decreased; croplands in an agricultural
district; required yards in a residential district; or parking or
loading areas in a commercial or industrial district, provided that
inundation depths for parking and loading areas do not exceed two
feet or that such areas are not subject to flood velocities greater
than two feet per second upon the occurrence of a one-hundred-year
recurrence interval flood.
B. Special Uses in the FFO Floodplain Fringe Overlay
District.
1. Residential, institutional and commercial structures
provided that the structure is permitted in the underlying basic use
district, and provided that such floodplain fringe areas shall be
filled to an elevation of at least two feet above the elevation of
the one-hundred-year recurrence interval flood. Such fill shall extend
for at least 15 feet beyond the limits of the structure placed thereon.
All structures shall be provided with dryland access to lands outside
the floodplain. Where existing streets or sewer lines are at elevations
which make dryland access impractical, the City may permit development
where access roads are at or below the one-hundred-year recurrence
interval flood stage, provided that the City has written assurance
from appropriate police and fire departments and emergency service
agencies that rescue and relief service will be provided to properties
in the area by wheeled vehicles during a flood event, or the City
has an adopted natural disaster plan concurred with by the Wisconsin
Department of Emergency Government and approved by the Wisconsin Department
of Natural Resources. The finished surface of the lowest floor (excluding
basement or crawlway) shall be constructed or placed at an elevation
that is at least two feet above the elevation of the one-hundred-year
recurrence interval flood. Basement or crawlway floors may be placed
at the one-hundred-year recurrence interval flood elevation, provided
that the basement or crawlway is floodproofed to the flood protection
elevation. Residential, commercial, or institutional structures placed
on fill may be removed from the floodplain fringe overlay district
provided that the fill is contiguous to lands lying outside the floodplain;
that compensatory storage has been provided in accordance with the
requirements of paragraph B.7. of this Section; and the property owner
or his agent has complied with all the requirements for amending the
zoning map as set forth in Division 15-9.0200 of this Ordinance. Mobile
homes shall not be permitted as a conditional use in the FFO Floodplain
Fringe Overlay District.
2. Industrial structures provided that the structure
is permitted in the underlying basic use district and provided that
the fill requirements for residential and commercial structures in
the FFO district are complied with. However, when the intent and purpose
of this ordinance cannot be fulfilled by filling the floodplain fringe
due to existing and committed development, and when the City Plan
Commission has made a finding to this effect, all new structures and
all additions to existing structures in the Floodplain Fringe Overlay
District shall be floodproofed to an elevation of at least two feet
above the elevation of the one-hundred-year recurrence interval flood.
Certification of floodproofing shall be made to the Building Inspector
and shall consist of a plan or document certified by a registered
professional engineer that the floodproofing measures are consistent
with the flood velocities, forces, depths, and other factors associated
with the one-hundred-year recurrence interval flood level for the
particular stream reach. Structures placed on fill may be removed
from the floodplain fringe overlay district provided that the fill
is contiguous to lands lying outside the floodplain; that compensatory
storage has been provided in accordance with the requirements of paragraph
B.7. of this Section; and the property owner or his agent has complied
with all the requirements for amending the zoning map as set forth
in Division 15-9.0200 of this Ordinance.
3. Accessory structures that are associated with a
permitted use provided that they are not attached to the principal
structure; are not designed for human occupancy; have a low flood
damage potential; are firmly anchored to resist flotation, collapse,
and lateral movement; are constructed with the lowest floor at or
above the one-hundred-year recurrence interval flood elevation; any
mechanical or utility equipment is elevated or floodproofed to or
above the regional flood elevation; and are constructed to not obstruct
the flow of flood waters or cause any increase in flood levels during
a one-hundred-year recurrence interval flood event. Such accessory
structures that are less than 600 square feet in size and valued at
less than $10,000 may be constructed with the lowest floor no more
than two feet below the regional flood elevation provided the structure
will not be subject to flood velocities greater than two feet per
second upon the occurrence of the regional flood. Any stored materials
that are buoyant, flammable, explosive, or injurious to property,
water quality or human, animal, plan, fish, or aquatic life shall
be stored at or above an elevation at least two feet above the regional
flood or be floodproofed, adequate measures shall be taken to ensure
that such materials will not enter the water body during flooding.
4. Municipal water supply and sanitary sewerage collection
systems provided that the system is floodproofed to an elevation of
at least two feet above the elevation of the one-hundred-year recurrence
interval flood, and is designed to eliminate or minimize infiltration
of floodwaters into the system. Certification of floodproofing shall
be made to the Building Inspector and shall consist of a plan or document
certified by a registered professional engineer that the floodproofing
measures are consistent with the flood velocities, forces, depths,
and other factors associated with the one-hundred-year recurrence
interval flood level for the particular stream reach.
5. Filling to remove lands from the FFO Floodplain
Fringe Overlay District provided that such fill shall be to an elevation
at least two feet above the elevation of the one-hundred-year recurrence
interval flood and further provided that such lands are contiguous
to lands lying outside of the floodplains. No such FFO Floodplain
Fringe Overlay District shall be removed from the Official Zoning
Map until the filling is complete and until the property owner, or
his agent, has complied with all the requirements for amending the
zoning map as set forth in Division 15-9.0200 of this Ordinance.
7. Any areas permitted to be filled and removed from
the floodplain fringe overlay district shall provide compensating
flood storage capacity on a volume-for-volume basis, except as discussed
below herein, in the vicinity of the area removed from the floodplain
fringe.
Excavation below the groundwater table is not considered as
providing an equal volume of storage. The excavated area shall drain
between flood events. Calculations for the compensation shall be prepared
by a professional engineer and shall be field-checked and reported
on by a professional engineer or registered land surveyor before the
certificate of occupancy for said property is issued.
If the one-hundred-year flood profile and floodplain boundary
are adjusted through implementation of a flood mitigation system plan
that is designed to 1) reduce the flood hazard to existing buildings
and 2) to not create an increase of greater than or equal to 0.01
foot in the one-hundred-year flood profile at locations upstream or
downstream of the project reach, those portions of the floodplain
fringe overlay district that would be removed from the floodplain
through implementation of the plan can be developed, or redeveloped,
even if an equal volume of compensatory storage is not provided.
For such adjustments to the floodplain fringe overlay district,
the flood mitigation system plan, including engineering data and calculations
showing the new flood profile, shall be submitted to, and approved
by, the Wisconsin Department of Natural Resources and the Federal
Emergency Management Agency, and the floodplain zoning map shall be
revised to reflect the changed floodplain fringe overlay district
boundary in accordance with § 15-9.0207.
This Section sets forth those uses which are permitted uses and special uses in the SW Shoreland Wetland Overlay District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part
4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. Permitted Uses in the SW Shoreland Wetland Overlay
District. The following are permitted as a matter of right:
1. Hiking, fishing, trapping, swimming, and boating,
unless prohibited by other ordinances and laws.
2. The harvesting of wild crops such as marsh hay,
ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a
manner that is not injurious to the natural reproduction of such crops,
and that does not involve earthmoving, filling, flooding, draining,
dredging, ditching, tiling, or excavating.
3. The practice of silviculture, including the planting,
thinning, and harvesting of timber, provided that no filling, flooding,
draining, dredging, ditching, tiling, or excavating is done except
for temporary water level stabilization measures to alleviate abnormally
wet or dry conditions which would have an adverse impact on silvicultural
activities if not corrected.
4. Construction and maintenance of fences.
5. Existing agricultural uses provided they do not
involve extension of cultivated areas, extension of or creation of
new drainage systems, and further provided they do not substantially
disturb or impair the natural fauna, flora, topography, or water regimen.
6. Earthmoving, ditching, tiling, dredging, excavating,
or filling done to maintain or repair an existing agricultural drainage
system only to the extent necessary to maintain the level of drainage
required to continue the existing agricultural use.
7. The construction and maintenance of piers, docks,
and walkways, including those built on pilings.
8. The maintenance, repair, replacement, and reconstruction
of existing streets, roads, and bridges.
B. Special Uses in the SW Shoreland Wetland Overlay
District. The following uses may be allowed by Special Use Permit.
The City Plan Commission shall transmit a copy of each application
for a special use in the shoreland portion of the SW Shoreland Wetland
Overlay District to the Wisconsin Department of Natural Resources
(DNR) at least 10 days prior to the public hearing. Action on the
application shall not be taken for 30 days or until the DNR has made
its recommendation, whichever comes first. A copy of all shoreland
SW Shoreland Wetland Overlay District Special Use Permits shall be
transmitted to the DNR within 10 days of the effective date of such
decision.
1. The construction of streets which are necessary
for the continuity of the City street system necessary for the provision
of essential utility and public safety services, or necessary to provide
access to permitted open space uses in the SW Shoreland Wetland Overlay
District, provided that:
a. The street cannot, as a practical matter, be located
outside a wetland; and
b. The street is designed
and constructed to minimize the adverse impact upon the natural functions
of the wetland and meets the following standards:
1) The street shall be designed and constructed for
the minimum cross-section practical to serve the intended use;
2) Street construction activities shall be limited
to the immediate area of the roadbed only; and
3) Any earthmoving, filling, flooding, draining, dredging,
ditching, tiling, or excavating that is to be done must be necessary
for the construction or maintenance of the street.
2. The establishment and development of public and
private parks and recreation areas, public boat access sites, natural
and outdoor education areas, historic and scientific areas, wildlife
refuges, game preserves, and private habitat areas in the SW Shoreland
Wetland Overlay District, provided that:
a. Any private recreation or wildlife habitat area
must be used exclusively for that purpose;
b. No filling is to be done; and
c. Earthmoving, ditching, excavating, dredging, and
dike and dam construction may be done in wildlife refuges, game preserves,
and private wildlife habitat areas, but only for the purpose of improving
wildlife habitat or to otherwise enhance wetland values.
3. The construction and maintenance of electric, gas,
telephone, water, and sewer transmission and distribution lines, and
related facilities in the SW Shoreland Wetland Overlay District by
public utilities and cooperative associations organized for the purpose
of producing or furnishing heat, light, power, or water to members,
provided that:
a. The transmission and distribution lines and related
facilities cannot as a practical matter be located outside a wetland;
and
b. Any earthmoving, filling, excavating, ditching,
or draining that is to be done must be necessary for such construction
or maintenance, and must be done in a manner designed to minimize
flooding and other adverse impacts upon the natural functions of the
wetlands.
4. The construction and maintenance of railroad lines
in the SW Shoreland Wetland Overlay District, provided that:
a. The railroad lines cannot as a practical matter
be located outside a wetland; and
b. Any earthmoving, filling, excavating, ditching,
or draining that is to be done must be necessary for such construction
or maintenance, and must be done in a manner designed to minimize
flooding and other adverse impacts upon the natural functions of the
wetlands.
This Section sets forth those uses which are permitted uses
and special uses in the AO Airport Overlay District.
A. Permitted Uses in the AO Airport Overlay District.
All permitted uses in the underlying zoning district(s) shall be permitted
by right, except as qualified by § 15-3.0608(C).
B. Special Uses in the AO Airport Overlay District.
All special uses which may be allowed in the underlying zoning district(s)
may be permitted as special uses, except as qualified by § 15-3.0608(C).
C. Use Limitations and Noise Level Reduction (NLR)
Standards in the AO-1 Airport Overlay District. In addition to the
use limitations presented for the underlying zoning district(s) in
which the AO-1 Airport Overlay District is located, the use limitations
set forth in this Section shall also apply to the specific AO-1 Airport
Noise Impact Area. Uses within the AO-1 District shall be permitted
only in accordance with the following guidelines:
1. Residential Uses. For all residential uses measures
to achieve a noise level reduction (outdoor to indoor) of 25 dB must
be incorporated into the design and construction of the residential
structure(s). Mobile home parks or courts shall not be permitted.
[Commentary: Normal construction can be expected to
provide a noise level reduction of 20 dB; thus, the reduction requirements
are about 5 dB over standard construction and normally assume mechanical
ventilation and closed windows year round. Noise level reduction criteria
will not eliminate outdoor noise problems. However, building location
and site planning, design and use of berms and barriers can help mitigate
outdoor noise exposure particularly from ground level sources. Measures
that reduce noise at a site should be used wherever practical in preference
to measures which only protect interior spaces.]
2. Nonresidential Uses. For land uses in the SIC categories
of 805, 806, and 82 (nursing and personal care facilities, hospitals,
and educational facilities), cultural facilities including churches,
auditoriums, and theaters, measures to achieve a noise level reduction
(outdoor to indoor) of 25 dB must be incorporated into the design
and construction of the structure(s). Outdoor music shells or amphitheaters
shall not be permitted.
D. Use Limitations and Noise Level Reduction (NLR)
Standards in the AO-2 Airport Overlay District. In addition to the
use limitations presented for the underlying zoning district(s) in
which the AO-2 Airport Overlay District is located, the use limitations
set forth in this Section shall also apply to the specific AO-2 Airport
Noise Impact Area. Uses within the AO-2 District shall be permitted
only in accordance with the following guidelines:
1. Residential Uses. For all residential uses measures
to achieve a noise level reduction (outdoor to indoor) of 30 dB must
be incorporated into the design and construction of the residential
structure(s). Mobile home parks or courts shall not be permitted.
[Commentary: Normal construction can be expected to
provide a noise level reduction of 20 dB; thus, the reduction requirements
are about 10 dB over standard construction and normally assume mechanical
ventilation and closed windows year round. Noise level reduction criteria
will not eliminate outdoor noise problems. However, building location
and site planning, design and use of berms and barriers can help mitigate
outdoor noise exposure particularly from ground level sources. Measures
that reduce noise at a site should be used wherever practical in preference
to measures which only protect interior spaces.]
2. Nonresidential Uses. Measures to achieve a noise
level reduction (outdoor to indoor) of 25 dB must be incorporated
into the design and construction of the structure(s) for uses in the
SIC manufacturing categories of 20, 22, 23, 24, 25, 26, 127, 28, 29,
30, 32, 33, 34, 38, and 39; SIC transportation, communication, and
utilities categories of 40, 41, 42, 44, 45, 48, and 49; the SIC trade
categories of 50 and 51; the SIC retail categories of 52, 53, 54,
56, 57, 58, and 59; and the SIC services categories of 72, 73, and
76.
3. Nonresidential Uses in the SIC Categories of 805,
806, and 82. For land uses in the SIC categories of 805, 806, and
82 (nursing and personal care facilities, hospitals, and educational
facilities), cultural facilities including churches, auditoriums,
and theaters, measures to achieve a noise level reduction (outdoor
to indoor) of 30 dB must be incorporated into the design and construction
of the structure(s). Outdoor music shells or amphitheaters shall not
be permitted.
This Section sets forth those uses which are permitted uses
and special uses in the HPO Historic Preservation Overlay District.
A. Permitted Uses in the HPO Historic Preservation
Overlay District. All permitted uses in the underlying zoning district(s)
shall be permitted by right.
B. Special Uses in the HPO Historic Preservation Overlay
District. All special uses which may be allowed in the underlying
zoning district(s) may be permitted as special uses.